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HomeMy WebLinkAboutResolution - 2009-R0005 - Grant Agreement - TXDOT - Purchase Of Replacement Buses And Vans - 01_08_2009Resolution No. 2009-R0005 January 8, 2009 Item No. 5.12 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock or his designee BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Agreement with the Texas Department of Transportation to fund the purchase of replacement buses and paratransit vans. Said Grant 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 8th day of January , 2009. TOM MARTIN, MAYOR ATTEST: S:<�)' 10 � CD-1, - Rebecca Garza, City Secretary DVED AS TO CONTENT: iCIC� 141, e . City Manager/Transportation and Public Works APPROVED AS TO te, ttorney gs/Citbus-Contract TxDot-pttrchase replacement buses&vans.res December 18, 2008 Resolution No. 2009—R0005 Project Grant Agreement # VCR 0902(05)00 SUBRECIPiENT: City of Lubbock FEDERAL - SECTION 5309 VCR GRANT AGREEMENT CFDA #: 20.500 Federal Transit Capital Investment Grants PROJECT GRANT AGREEMENT # VCR 0902(05)00 STATE PROJECT # 51 90SF7091 SERVICE AREA: Lubbock Urbanized Area DISTRICT: Lubbock THE STATE OF TEXAS § THE COUNTY OF TRAVIS § PUBLIC TRANSPORTATION FISCAL YEAR 2009 VEHICLE CAPITAL REPLACEMENT (VCR) 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 "Subrecipient." WITNESSETH WHEREAS, 49 U.S.C. Section 5309(m)(1)(c), authorizes the U.S. Secretary of Transportation to make grants to state governments to assist in financing capital projects that will benefit the country's transit systems; and, WHEREAS, the Govemor of the State of Texas has designated the Texas Department of Transportation (State) to receive federal funds under the Section 5309 VCR program; 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 U.S. Secretary of Transportation approved the State's request; and, WHEREAS, the Texas Transportation Commission has approved Minute Order Number 111437; and, WHEREAS, the Subrecipient executed a Fiscal Year 09 Grant Application, Part I (GA Part 1) and Part II (GA Part 11) for consideration for new state and/or federal grants to provide transportation services; and, WHEREAS, a 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. WHERAS, The U.S. Department of Labor requested that their September 22, 2008 letter to FTA - Robert C. Patrick (Attachment C), be incorporated into this grant agreement. 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 Lubbock State Project #.: VCR 51 905F7091 Fed 5309 VCR Page 1 of 5 Rev. 11/28/07 Project Grant Agreement # VCR 0902(05)00 AGREEMENT ARTICLE 1. GRANT TIME PERIOD This PGA becomes effective when fully executed by both parties or on December 2, 2008, whichever is later. This PGA shall remain in effect until January 1, 2010, unless terminated or otherwise modified in an Amendment. This PGA will not be considered fully executed until both parties have executed a MGA, and the Subrecipient has submitted the GA Part I and the GA Part Il (federal funds only) to the State. The time period of this PGA cannot be extended past the MGA without exception. Any cost incurred before or after the contract period shall be ineligible for reimbursement. ARTICLE 2. PROJECT DESCRIPTION The Subrecipient shall commence, carry out and complete the public transportation project described in Attachment A, Approved Project Description and Project Budget (Attachment A), with all practicable dispatch, in a sound, economical and efficient manner. The Subecipient shall carryout the public transportation project described in the Attachment A 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. 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 $2,001,000 Federal and 340,170 Transportation Development Credits (TDCs) provided that expenditures are made in accordance with the amounts and for the purposes authorized in the Attachment A and the Attachment B - Master Budget Page. 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 City of Lubbock State Project #.: VCR 51 905F7091 Fed 5309 VCR Page 2 of 5 Rev. 11/28/07 Project Grant Agreement # VCR 0902(05)00 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. ARTICLES. 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. �( i iktgn-d-Hopmann, P.E. Lubb,cA pDistrict E gineer Title:_ cA c Date (2� List of Attachments A - Approved Project Description and Project Budget B - Master Budget Page C - Sept. 22, 2008 U.S. Dept. of Labor Letter CITY OF LUBBOCK Signature of Authorized Officer Tom Martin Typed, Printed or Stamped Name Title: Mayor Date: January 8, 2009 City of Lubbock State Project #.: VCR 51 905F7091 Fed 5309 VCR Page 3 of 5 Rev. 11 /28/07 APPROVED RECIPIENT ATTEST: Rebeed Garza City Secretary Date: January 8. 2009 VED AS TO CONTENT: Loomis ssistant City Manager Transportation & Public Works Assistant City Attorney Project Grant Agreement # VCR 0902(05)00 ATTACHMENT A APPROVED PROJECT DESCRIPTION AND PROJECT BUDGET Subrecipient: City of Lubbock Project Grant Agreement #: VCR 0902(05)00 State Project #: 51 905F7091 Category ALI Fuel Code Type 11.12.04 HE - Hybrid Capital Electric - Diesel 2 HD diesel hybrid 11.12.04 DP - Capital 7 MD/HD lowfloor bus Total # Units Federal Federal Local Local % Total TDCs TDC % % Match Dollars 2 $ 500,000 100% $ 0 0 $ 1,000,000 170,000 17% 7 $ 143,000 100% $ 0 0 $ 1,001,000 170,170 17% $ 2,001,000 $ 0 $ 2,001,000 340,170 * The vehicle -related equipment acquired for the above vehicle(s) must be in compliance with the Americans with Disabilities Act (ADA) and Clean Air Act (CAA) to be eligible for the 83% Federal and 17% Local and/or TDCs Reimbursement Ratio. If for any reason the vehicle -related equipment acquired for the above vehicle(s) is not in compliance with the ADA and CAA, the Reimbursement Ratio will be 80% Federal and 20% Local Match and/or TDCs. City of Lubbock State Project #.: VCR 51 905F7091 Fed 5309 VCR Page 4 of 5 Rev. 11/28/07 Project Grant Agreement # VCR 0901(08)00 ATTACHMENT B MASTER BUDGET PAGE [Insert Electronic Budget Page] City of Lubbock State Project #.: VCR 51 905F7091 Fed 5309 VCR Page 5 of 5 Rev. 11/28/07 Lubbock Tixee Depanrrarle ar 7Fr..eporiitwn Select Fiscal Year—> FY 2009 Tohls d owns §5309 _ P S 51905F7091 GrantS VCR 0902 a5 a TAa�ro. Start Daft 12102J06 r)oplsremenit End Dal. 0iro1/10 o/ Tnonspo= E D+ats tbfayft &c Told of All thhw AU Fuel ly>� PFr 309 TDC's 1,00() 000 Locked Call Date E 1,001'000 Tft Cale, ohm LOW Ot1Nr SWim4al Replace- Bus <30 11.12.04 2 HE 1,000,000 1,000,000 1,O0Q000 Ftepisce- Bus �30' 111.12.041 7 DP I I'Ooi'0001 1,001,000 1,001,000 IPrevonffw Maintenance 111,7A.00 I -,,. �! � I I I i I (Purchase of Sarvkm 11171131 11 11.1 11 11111 11I -� 1I i14 71 IT. TIT - �I�.Y•J.1�� �rA►�III� I{ Ili �� 11 111 U.S. Department of Labor ATTACHMENT C Employment Standards Administratsan Oflica of Labor -Management Standards Washington Q C 20210 September 22, 2008 Robert C. Patrick, Regional Administrator Federal Transit Administration, Region VI 819 Taylor Street, Room 8A36 Ft. Worth, Texas 76102 Re: FTA Application(s) Texas Department of Transportation On Behalf Of: Alamo Area Council of Governments Purchase (2) Replacement < 30-Ft. Buses Amarillo, City of Purchase (2) Replacement < 30-Ft. Buses Ark -Tex Council of Governments Purchase (2) Replacement < 30-Ft. Buses and (1) Replacement Van Aspermont Small Business Development Center, Inc. Purchase (1) Replacement Vans Bee Community Action Center Purchase (1) Replacement Van Brazos Transit District Purchase (5) Replacement < 30-Ft. Buses Brownsville, City of Purchase (3) Replacement 35-Ft. Buses and (1) Replacement 30-Ft. Bus Capital Area Rural Transportation System (CARTS) Purchase (4) Replacement < 30-Ft, Buses Caprock Community Action Association, Inc. Purchase (1) Replacement < 30-Ft. Bus Central Texas Rural Transit District Purchase (4) Replacement < 30-Ft. Buses Cleburne, City of Purchase (1) Replacement < 30-Ft. Bus Collin County Committee on Aging Purchase (3) Vans for Service Expansion Colorado Valley Transit, Inc. Purchase (2) Replacement < 30-Ft. Buses Community Action Council of South Texas Purchase (1) Replacement < 30-Ft. Bus Community Council of Southwest Texas, Inc. Purchase (3) Replacement Vans Community Services, Inc. Purchase (1) Replacement < 30-Ft. Bus Concho Valley Transit District Purchase (1) Replacement 30-Ft. Bus and (5) Replacement < 30-Ft. Buses Del Rio, City of Purchase (2) Vans for Service Expansion East Texas Council of Governments Purchase (3) Replacement < 30-Ft. Buses El Paso County Purchase (1) Replacement < 30-Ft. Bus Fort Bend County Purchase (1) Replacement < 30-Ft. Bus Galveston, City of Purchase (2) Replacement < 30-Ft. Buses Golden Crescent Regional Planning Commission Purchase (2) Replacement < 30-Ft. Buses, (1) < 30-Ft. Bus for Expansion, and (2) Vans for Service Expansion Grand Prairie, City of Purchase (1) Replacement < 30-Ft. Bus Gulf Coast Center Purchase (2) Replacement < 30-Ft. Buses Heart of Texas Council of Governments Purchase (4) Replacement Vans Hill Country Transit District Purchase (8) Replacement < 30-Ft. Buses Kaufman Area Rural Transportation (KART) Purchase (1) < 30-Ft. Bus for Expansion Kleberg County Human Services Purchase (1) Replacement < 30-Ft. Bus Laredo, City of Purchase (17) Replacement < 30-Ft. Buses Longview, City of Purchase (1) Replacement < 30-Ft. Bus Lower Rio Grande Valley Development Council Purchase (2) Replacement < 30-Ft_ Buses Lubbock, City of Purchase (7) Replacement < 30-Ft. Buses and (2) Replacement < 30-Ft. Buses McAllen, City of Purchase (1) 30-Ft. Bus for Expansion Mesquite, City of Purchase (1) Replacement < 30-Ft. Bus North East Transportation Service Purchase (1) Van for Service Expansion Odessa, City of Purchase (3) Vans for Service Expansion Panhandle Community Services Purchase (2) < 30-Ft. Buses for Expansion Public Transit Services (PTS) Purchase (2) Replacement < 30-Ft. Buses and (1) Van for Service Expansion. Rolling Plains Management Corporation Purchase (2) < 30-Ft. Bus for Expansion Rural Economic Assistance League, Inc. Purchase (2) Replacement < 30-Ft. Buses Senior Center Resources & Public Transit, Inc. Purchase (1) < 30-Ft. Bus for Expansion South Plains Community Action Association Purchase (2) Replacement < 30-Ft. Buses and (1) Replacement Van Southeast Texas Regional Planning Commission Purchase (2) Replacement < 30-Ft. Buses Special Programs for Aging Needs (SPAN) Purchase (1) Replacement < 30-Ft. Bus and (1) Replacement Van Texarkana, City of Purchase (2) Replacement < 30-Ft. Buses and (1) Replacement Van and Acquire (1) Support Vehicle Texama► Area Paratransit System, Inc. Purchase (3) Replacement < 30-Ft. Buses Town of South Padre Island Purchase (1) Replacement < 30-Ft. Bus The Transit System, Inc. Purchase (1) Replacement Van and (1) Replacement Sedan/ Station Wagon Waco, City of Purchase (2) Replacement 35-Ft. Buses Webb County Community Action Agency Purchase (1) Replacement < 30-Ft. Bus West Texas Opportunities, Inc. Purchase (1) Replacement < 30-Ft. Bus and (6) Replacement Vans TX-04-0042 Dear Mr. Patrick: This is in reply to the request from your office that we review the above - captioned application for a grant under Title 49 of the U.S. Code, Chapter 53. Citv of Amarillo In connection with a previous grant application, the City Commission of the City of Amarillo passed Resolution No. 12-23-75-6, dated December 23, 1975. Resolution No. 12-23-75-6 and a side letter to the Department of Labor from City Manager John Stiff dated April 8, 1976 provide to the employees represented by the Amalgamated Transit Union protections satisfying the requirements of 49 U.S.C., Section 5333(b). The parties have agreed that the terms and conditions of the Resolution No. 12-23-75-6 and the side letter dated April 8, 1976, shall be made applicable to the instant project. Brazos In connection with a previous grant application, the Brazos Transit District (as the successor to the Brazos Valley Community Action Agency), and Amalgamated Transit Union Local 1700 (as successor to the former Amalgamated Council of Greyhound Local Unions) executed an agreement dated March 29, 1989, which provides to the employees represented by the union protections satisfying the requirements of 49 U.S.C., Section 5333(b). County of El Paso In connection with a previous application, the County of El Paso and the Amalgamated Transit Union, which represent transportation related employees in the service area of the project, accepted the terms and conditions of the Capital Assistance Protective Arrangement dated October 3, 2001. The parties have agreed to apply the terms and conditions of the October 3, 2001 Arrangements to the instant project and shall be deemed a party to the Arrangements. The October 3, 2001 Arrangements provide to employees represented by the union protections satisfying the requirements of 49 U.S.C., Section 5333(b). Fort Bend County In connection with a previous grant application, the Fort Bend County and the Transport Workers Union, which represents transportation related employees in the service area of the project, accepted the terms of the Capital Assistance Protective Arrangements dated December 14, 2005. The parties have agreed to apply the terms and conditions of the Arrangements to the instant project and shall each be deemed a party to the Arrangements. These Arrangements provide to employees represented by the union protections satisfying the requirements of 49 U.S.C., Section 5333(b). City of Laredo In connection with a previous grant, the City of Laredo and the United Transportation Union executed an agreement dated August 6, 1985, which provides protections to employees represented by the union satisfying the requirements of 49 U.S.C., Section 5333(b) for capital assistance grants. The parties have agreed that the terms and conditions of the agreement dated August 6, 1985, shall be made applicable to the instant project. Lower Rio Grande Rural Transit In connection with a previous grant application, the Lower Rio Grande Valley Development Council and the United Transportation Union (UTU), which represent transportation in the service area of the project, accepted the terms of the Capital Assistance Protective Arrangement, dated, October 3, 2001. The Lower Rio Grande Valley Development Council and the UTU have agreed to apply the terms and conditions of the October 3, 2001 Arrangement to the instant project and shall be deemed parties to this Arrangement. The Capital Protective Arrangement provide to the employees represented by the union protections satisfying the requirements of 49 U.S.C., Section 5333(b), City of Mesquite In connection with a previous grant application, City of Mesquite and the Amalgamated Transit Union, Local 1338 which represent transportation related employees in the service area of the project, have accepted the terms of the Capital Assistance Arrangement dated June 23, 2003, and are deemed parties to the Arrangement. The Capital Arrangement provides to mass transit employees represented by the union protections satisfying the requirements of 49 U.S.C., Section 5333(b). The parties have agreed that the terms and conditions of the Arrangement dated June 23, 2003 shall be applicable to the instant project. Texoma Area Paratransit System. Inc. Since there were no previously certified protective arrangements that could appropriately be applied to this grant, the Department of Labor proposed the attached arrangements for certification pursuant to Section 5333(b). Texoma Area Paratransit System, Inc. and the United Food and Commercial Workers Local 1000, which represents transportation related employees in the service area of the project, have accepted the terms of the attached Capital Assistance Protective Arrangement dated September 22, 2008 and shall each be deemed a party to the Arrangement. This Arrangement provide to employees represented by the union protections satisfying the requirements of 49 U.S.C., Section 5333(b). Waco City of Waco and the Transport Workers Union have previously agreed to become party to the agreement executed on July 23, 1975, by the American Public Transit Association and transit employee labor organizations. The terms and conditions of the July 23, 1975 agreement provide protections to employees represented by the union which satisfy the requirements 49 U.S.C., Section 5333(b). The parties have agreed that the terms and conditions of the July 23, 1975 agreement shall be applicable to both operating and capital grants. Also, the Department of Labor makes the certification called for under the statute on condition that the grantee ensures that the language shown on the enclosure is made applicable to the Aspermont Small Business Development Center, Bee Community Action Agency, City of Brownsville, Central Texas Rural Transit District, City of Cleburne, Collin County Committee on Aging, Concho Valley Transit District, City of Del Rio, East Texas Council of Governments, City of Galveston, City of Grand Prairie, Gulf Coast Center, Hill Country Transit District, Kaufman Area Rural Transportation, Kleberg County Human Services, City of Longview, City of Lubbock, City of McAllen, North East Transportation Service, City of Odessa, Rolling Plains Management Corporation, Senior Center Resources & Public Transit, Inc., Town of South Padre Island, City of Texarkana, The Transit System, Inc., and the Webb County Community Action Agency and incorporated into the contract between the grantee and the recipient(s). This certification letter shall be incorporated into the contract of assistance between the grantee and FTA, by reference. In addition, the recipients identified in Attachment A to this certification have previously agreed to the terms and conditions of the Section 18 Warranty, which provide to the employees represented by the Amalgamated Transit Union (ATU), the United Transportation Union (UTU), the American Federation of State County and Municipal Employees (AFSCME), and the Texas Conference ML 4�w of Teamsters, affiliated with the International Brotherhood of Teamsters (IBT), and the Transport Workers Union (TWU) protections satisfying the requirements of 49 U.S.C., Section 5333(b). Pursuant to Paragraph (9) of the Section 18 Warranty, the ATU, on behalf of Locals 694, 1549 and 1700, the UTU, and the IBT became party to the Section 18 Warranty for the recipients listed respectively in Attachment A. The UTU, IBT and the TWU did not specify recipients in their requests to become party to the Warranty. The Department has determined, however, that these unions, along with AFSCME, would also appropriately be party to the Warranty for respective recipients in Attachment A. Furthermore, the Department of Labor makes the certification called for under the Statute on condition that the Texas Department of Transportation ensures, as a precondition to the release of assistance to any recipient, that such recipient agrees to the referenced terms and conditions, and that this certification letter and the terms and conditions of the respective protective arrangements are incorporated into the contract of assistance between Texas Department of Transportation and the Recipients, by reference. Accordingly, the Department of Labor makes the certification called for under the statute with respect to the instant project on condition that: 1. This letter and the terms and conditions of the above protective arrangements, shall be made applicable to the instant project and made part of the contract of assistance between the Federal Transit Administration and Texas Department of Transportation, by reference; 2. As a precondition to the release of assistance to each recipient, this letter and the terms and conditions of the respective protective agreements and/or arrangements referenced above shall be incorporated into the contract of assistance between the Texas Department of Transportation and the recipient, by reference. Any dispute or controversy arising regarding the application, interpretation, or enforcement of this provision, which cannot be settled by and between the parties at interest within thirty (30) days after the dispute or controversy first arises, may be referred by any party to any final and binding disputes settlement procedure acceptable to the parties, or in the event they cannot agree upon such procedure, to the Department of Labor or an impartial third party designated by the Department of Labor for a final and binding determination; 3. The term "project" as used in the aforementioned agreements and arrangements shall be deemed to cover and refer to the instant project; 4. Disputes over the interpretation, application, and enforcement of the terms and conditions of the protective arrangements certified by the Department of Labor, which include this letter of certification, shall be resolved in accordance with the provisions in the aforementioned agreements and/or arrangements for the resolution of such disputes; and S. Employees of urban mass transportation carriers in the service area of the project, other than those represented by the local unions which are a party to, or otherwise referenced in the protective arrangements, shall be afforded substantially the same levels of protection as are afforded to the employees represented by the unions under the above protective arrangements and this certification. Such protections include procedural rights and remedies as well as protections for individual employees affected by the project. Should a dispute remain after exhausting any available remedies under the protective arrangements, and absent mutual agreement by the parties to utilize any other final and binding procedure for resolution of the dispute, the Secretary of Labor may designate a neutral third party or appoint a staff member to serve as arbitrator and render a final and binding determination. Sincerely, Ann Comer, Chief Division of Statutory Programs cc: Kerry Miller/ FTA Pat Bittner/Texas Department of Transportation Beverly Lutz/Alamo Area Council of Governments Judy Phelps/Amarillo Lynda Woods Pugh/ATCOG Dana Myers/Aspermont Small Business Development Center, Inc. Anna Sirno/BCAA John McBeth/Brazos Transit District Norma Zamora/ Brownsville Dave Marsh/CARTS Claudia Cowley/Cap-Trans J.R. Salazar/Central Texas Rural Transit District Cleburne/ Cleburne Rep Pledger/CCART Vastene Olier/Colorado Valley Transit District Claudia Wicks/Community Action Council of South Texas Sarah Hidalgo -Cook/ Community Council of Southwest Texas Charlotte Clower/ Community Services, Inc. Robert Stephens/Concho Valley Transit District Elsa Reyes/Del Rio Roxanne McKinley/East Texas Council of Governments Bob Geyer/El Paso County Rural Transit Paulette Shelton/Fort Bend County Michael Worthy/Galveston Lisa Cortinas/Golden Crescent Tony Flowers/Grand Prairie James Hollis/Gulf Coast Center Jacque Wolske/Heart of Texas Carole Warlick/Hill Country Omega Hawkins/KART Leandro Villareal/Kleberg County Human Services Feliciano Garcia/ Laredo Transit Management Matt Penny/ Longview Kenneth N. Jones/Lower Rio Grande John L. Wilson/Lubbock Elizabeth Suarez/ McAllen Don White/Mesquite Jennifer Hibbs/NETS Elizabeth Reining/ NETS Edward Esparza/ Odessa Gerald Payton/ Panhandle Reta Brooks/ PTS Lezlie Carroll/Rolling Plains Management Corporation Gloria Ramos/REAL David Caldwell/ Senior Center Resources and Public Transit, Inc. Bob Dickinson/Southeast Texas RPC Catherine Bell/South Padre Island Roger Cardenas/ SPARTAN Linda Leuckel/SPAN Vera Matthews/Texarkana Urban Transit District Freddy Lessly/TAPS Barbara L. Perry/TTS John Hendrickson/Waco Roberto Martinez, Jr./Webb County Community Action Agency Leo E. Wetzel/ATU Harry Lombardo/TWU Victor Baffoni/UTU Elizabeth A. Roma/Guerrieri, Edmond, Clayman & Bartos Carolyn R. Cody/Guerrieri, Edmond, Clayman & Bartos James P. Hoffa/IBT Gerald McEntee/AFSCME Richard Hanna/UFCW Billy Brown/UFCW LANGUAGE FOR INCORPORATION INTO THE CONTRACT OF ASSISTANCE TX-04-0042 The Texas Department of Transportation shall ensure, as a precondition to the receipt of assistance, that the "Public Body(ies)", Aspermont Small Business Development Center, Bee Community Action Agency, City of Brownsville, Collin County Committee on Aging, Concho Valley Transit District, City of Del Rio, East Texas Council of Governments, City of Galveston, City of Grand Prairie, Gulf Coast Center, Hill Country Transit District, Kaufman Area Rural Transportation, Kleberg County Human Services, City of Longview, City of Lubbock, City of McAllen, North East Transportation Service, City of Odessa, Rolling Plains Management Corporation, Senior Center Resources & Public Transit, Inc., Town of South Padre Island, City of Texarkana, The Transit System, Inc., and the Webb County Community Action Agency agree to apply the following terms and conditions for the protection of employees in the mass passenger transportation industry in the service area of the project: 1. The project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees in the mass passenger transportation industry within the service area of the project. 2. All rights, privileges, and benefits (including pension rights and benefits) of employees (including employees already retired) shall be preserved and continued. 3. The Public Body shall be financially responsible for any deprivation of employment or other worsening of employment position as a result of the project. 4. In the event an employee is terminated or laid off as a result of the project, he shall be granted priority of employment or reemployment to fill any vacant position for which he or she is, or by training or retraining can become, qualified. In the event training or retraining is required by such employment or reemployment, the Public Body shall provide or provide for such training or retraining at no cost to the employee. 5. Any employee who is laid off or otherwise deprived of employment or placed in a worse position with respect to compensation, hours, working conditions, fringe benefits, or rights and privileges pertaining thereto at any time during his or her employment as a result of the project, including any program of efficiencies or economies directly or indirectly related thereto, shall be entitled to receive any applicable rights, privileges and benefits as specified in the employee protective arrangement certified by the Secretary of Labor under Section 405(b) of the Rail Passenger Service Act of 1970 on April 16, 1971. An employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in case of his or her resignation, death, retirement, dismissal for cause, or failure to work due to disability or discipline. The phrase "as a result of the project" as used herein shall include events occurring in anticipation of, during, and subsequent to the project. 6. In the event any provision of these conditions is held to be invalid or othemise unenforceable, the Public Body, the employees and/or their representatives may invoke the jurisdiction of the Secretary of Labor to determine substitute fair and equitable employee protective arrangements which shall be incorporated in these conditions. 7. The Public Body agrees that any controversy respecting the project's effects upon employees, the interpretation or application of these conditions and the disposition of any claim arising hereunder may be submitted by any party to the dispute including the employees or their representative for determination by the Secretary of Labor, whose decision shall be final. 8. The Public Body shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the making of the decisions called for in the preceding paragraph. 9. The Public Body will post, in a prominent and accessible place, a notice stating that the Public Body is a recipient of Federal assistance under the Federal Transit Act and has agreed to comply with the provisions of 49 U.S.C., Section 5333(b). The notice shall specify the terms and conditions set forth herein for the protection of employees. Attachment A Small Urban and Rural Recipients TX-04-0042 Alamo Area Council of Governments - ATU, IBT Ark -Tex Council of Governments - ATU Capital Area Rural Transit System - ATU, IBT, AFSCME Caprock Area Rural Transit - ATU, UTU Colorado Valley Transit, Inc. - ATU Community Action Council of South Texas - ATU, UTU Community Council of Southwest Texas - ATU, IBT Community Services, Inc. - ATU Golden Crescent Regional Planning Commission - ATU Heart of Texas Council of Governments - TWU Panhandle Community Services - ATU, UTU Public Transit Services - ATU Rural Economic Assistance League, Inc. - ATU South East Texas Regional Planning Commission - ATU South Plains Community Action Association - UTU Special Programs for Aging Needs - IBT West Texas Opportunities - ATU TEXAS TRANSPORTATION COMMISSION VARIOUS Counties MINUTE ORDER Page I of 1 ALL Districts The Texas Transportation Commission (commission) takes special note of its designation by the governor as the administering agency for the Federal Transit Administration (FTA) grant program, discretionary Bus and Bus Facilities Program (49 USC §5309), in a letter dated October 4, 2005; and further acknowledges that federal program regulations require the Texas Department of Transportation (department) to ensure that these grant funds are distributed fairly and equitably within the state. On behalf of rural transit agencies and participating urban transit agencies, the department submitted a statewide application and was awarded $1 1,628,120 under the FTA's §5309 federal discretionary grant program. On December 14, 2006, the commission passed Minute Order 1 10771, expressing its intent to award Transportation Development Credits (TDC) that will promote public transportation capital infrastructure projects: fleet replacement, fleet expansion, maintenance facilities; and capital projects that support regional coordination. Title 43, Texas Administrative Code (TAC) §5.73 establishes the process for which TDC may be awarded at the discretion of the commission. The commission finds that the projects listed in Exhibit A are eligible for funding and desires to award $1 1,628,120 of federal §5309 funds and S 1,624,183 in TDC to rural and participating urban transit districts for fleet replacement in accordance with TAC §31.16. All projects, including those receiving TDC awards, will reduce congestion and expand economic opportunity by improving reliable transit options thereby increasing levels of ridership, specifically for the transit dependent populations, to jobs and other related activities; enhance safety by reducing mechanical breakdowns; improve air quality by reducing emissions through technological advances; and increase the value of the transportation assets by investing into the replacement of depreciated rolling stock thus yielding savings ar efficiencies which can be reinvested into additional trips. Transportation Code, Chapter 455 assigns a broad spectrum of public transportation roles and missions to the department. Transportation Code, Chapter 456 authorizes the commission to administer funds appropriated for public transportation. IT 1S THEREFORE ORDERED by the commission that the executive director or the director's designee is directed to proceed with the awards as described in Exhibit A, submit the necessary state application to the FTA and enter into the necessary contracts. Rec mended by: ,4, / Executive A M37AL 410 6 Minute Date Number Passed ALLOCATION OF FUNDS TO REPLACE TRANSIT VEHICLES EXHIBIT A Transit Operator or Urbanized Area Amount Transportation Development Credits Alamo Area Council of Governments $220,000 $37,400 Ark -Tex Council of Governments 155,000 26,350 Amarillo Urbanized Area 329,866 56,077 Aspermont Small Business Development Center, Inc. 39,000 6,630 Bee Community Action Agency 50,000 8,500 Brazos Transit District 335,000 56,950 Brownsville Urbanized Area 917,169 0 _Capital Area Rural Transportation System 308,652 52,471 Ca rock Community Action Association, Inc. 76,200 12,954 Central Texas Rural Transit District 249,152 42,356 Cleburne, City of 58,000 9,860 Collin County Committee on A in 117,000 19,890 Colorado Valle Transit, Inc. 142,000 24,140 Community Action Council of South Texas 61,000 10,370 Community Council of Southwest Texas, Inc. 117,000 19,890 -Community Services, Inc. 68,000 11,560 Concho Valley Transit District 441,922 75,127 Del Rio, City of 78,000 13,260 East Texas Council of Governments 184,935 31,439 El Paso, County of 79,000 13,430 Fort Bend, County of 68,000 11,560 Galveston Urbanized Area 176,054 29,929 Golden Crescent Regional Planning Commission 272,000 46,240 Grand Prairie Urbanized Area 68,000 11,560 Gulf Coast Center 130,000 22,100 Heart of Texas Council of Governments 90,000 18,000 Hill Country Transit District 544,000 92,480 Kaufman Area Rural Transportation 65,775 61,000 11 182 10,370 Kleber Count Human Services Laredo Urbanized Area 959,480 0 Longview Urbanized Area 118,690 0 Lower Rio Grande Valley Development Council 317,763 54,020 Lubbock Urbanized Area 2,001,000 340,170 Mesquite Urbanized Area 65,969 11,215 Midland -Odessa Urbanized Area 117,000 _ 19,890 North Richland Hills Urbanized Area 39,000 6,630 Panhandle Community Services, Inc. 102,920 0 Public Transit Services 165,000 28,050 Rolling Plains Management Corporation 112,000 19,040 Rural Economic Assistance League, Inc. 144 000 24 480 Senior Center Resources and Public Transit, Inc. 68,287 1 1,609 South East Texas Regional Planning Commission 136,000 23,120 South Padre Island, Town of 70,000 11,900 South Plains Community Action Association Inc. 183,000 31,110 SPAN Inc. 100,650 17,111 Texarkana Urbanized Area 192,560 33,412 Texoma Area Paratransit System, Inc. 216,000 36,720 The Transit System, Inc. 63,272 11,484 Waco Urbanized Area 610,000 103,700 Webb Coun Community Action Agency 98,000 14,960 West Texas Opportunities, Inc. 255,804 43,487 TOTAL Sli 6281Z0 S1,6241183J CITY OF LUBBOCK AGENDA ITEM SUMMARY II. CONSENT AGENDA ITEM #/SUBJECT: # Consider a resolution authorizing the Mayor to execute Contract No. 51905F7091 with the Texas Department of Transportation (TxDOT) to fund the purchase of replacement buses and paratransit vans. BACKGROUND DISCUSSION: TxDOT is allocating $2,001,000 of Federal Transit Administration — Section 5309 Vehicle Capital Replacement Funds to the City of Lubbock/Citibus. These funds are being provided to the City of Lubbock for the purchase of replacement buses. With the allocation of 340,170 Transportation Development Credits there will be no local share of funds required. Citibus will purchase two 30' low -floor hybrid electric buses and seven low floor paratransit vehicles. At the November 20, 2008, City Council Meeting the Council approved a purchase order to Gillig Corporation for the purchase of the buses. Citibus had pre -award authority on this grant. The paratransit vans will be purchased in the near future. The grant agreement becomes effective when fully executed by both parties or on December 2, 2008, whichever is later. The grant terminates on January 1, 2010. FISCAL IMPACT: Acceptance of this grant will result in no additional cost to the City of Lubbock. SUMMARY/RECOMMENDATION: The Lubbock Public Transit Advisory Board and Citibus recommend the approval of Contract No. 51905F7091 with the Texas Department of Transportation (TxDOT) to fund the purchase of replacement buses and paratransit vans.