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HomeMy WebLinkAboutResolution - 2009-R0304 - Contract - TXDOT - Sec. 5307 Grant, Operating Assistance - 08_13_2009Resolution No. 2009—RO304 August 13, 2009 Item No. 5.8 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, Contract No. 51005F7054 for Section 5307 grant for operating assistance to maintain public transportation system (Citibus) for Fiscal Year 2010, by and between the City of Lubbock and Texas Department of Transportation, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 13th ATTEST: RebeQ6 Garza, City Secretary APPROVED AS TO CONTENT: 14 a;�,74` Jame Loomis, Assistant City Manager and Public works APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney day of August , 2009. --- J.� A"�- TOM ARTIN, AYOR vw/ccdocs/Chad/Resolutions/RES.Citibus-TxDOT Operating Grant July 29, 2009 Resolution No. 2009—RO304 RECIPIENT: City of Lubbock STATULOCAL PUBLIC TRANSPORTATION (SECTION 5307) GRANT AGREEMENT - STATE FUNDS PROJECT GRANT AGREEMENT NO.: URB 1001(05) STATE PROJECT M 51005F7054 SERVICE AREA: City of Lubbock MASTER GRANT AGREEMENT # 517XXF7054 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § STATE/LOCAL URBAN PUBLIC TRANSPORTATION FISCAL YEAR 2010 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 2010 Grant Application, Part I (GA Part 1) for state financial assistance to be used to provide transportation services; and, WHEREAS, the Texas Transportation Commission has approved Minute Order Number 111847; and, WHEREAS, the Recipient must execute a GA Part I at the start of each fiscal year grant period for consideration for new state grants; and, WHEREAS, a 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. 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, 2009 whichever is later. This PGA shall remain in effect until August 31, 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 Recipient has submitted the GA Part I 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, City of Lubbock .: URB 1001(05) ARTICLE 2. PROJECT DESCRIPTION The Recipient shall commence, carry out and complete the public transportation project described in the GA Part I and/or the attached Attachment A - Approved Project Description, with all practicable dispatch, in a sound, economical and efficient manner. The Recipient shall carryout the public transportation project described in the GA Part I and the attached Attachment A - Approved Project Description 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 A - Approved Project Description. 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 $634,681 provided that expenditures are made in accordance with the amounts and for the purposes authorized in the GA Part I and the Attachment B - Master Project Budget. The original and one copy of the invoice is to be submitted to the following address: Lynn Castle, Public Transportation Coordinator Texas Department of Transportation 135 Siaton 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 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. City of Lubbock .: URB 1001( 05) 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 carry g out the orders, established policies or work p grams heretofore approved and authorized by the Texa ans ortation Commission. f By: lam, I Castle, Public Transportation Coordinator (Lubbock) Date: ( % List of Attachments A - Approved Project Description B - Master Budget Page CITY OF LUBBOCK By: /✓'� W��21 Signature o Authorized Officer TOM MARTIN Typed, Printed or Stamped Name Title: MAYOR Date: August 13, 2009 City of Lubbock .: URB 1001(05) APPROVED RECIPIENT ATTEST: Rebe ca Garza City Secretary Date: August 13, 2009 APP ED AS TO CONTENT: Jame Loomis City Manager Transportation & Public Works APPROV AS TO FORM: C ad Weaver Assistant City Attorney Resolution No. 2009-RO304 ATTACHMENT A APPROVED PROJECT DESCRIPTION The application for State assistance, as submitted to the State, is hereby incorporated into this agreement as the project description. [insert a Narrative Project Description] Citibus operates public transportation to the citizens of Lubbock in both a fixed route and demand response service. The fixed route service consists of a fleet of 64 accessible vehicles. The routes originate in downtown Lubbock and end at various locations within the city. All of these vehicles are accessible to persons with disabilities. The demand response service, CitiAccess, consists of 32 paratransit vans, which serve origins and destinations within the city limits. Both services operate under guidelines from Federal, State, and local authorities for maintaining buses, facilities, preventative maintenance, and safety. Citibus does not sub -contract any part of the services that are provided. The major trip generators include the medical center, education facilities, employment providers, and shopping centers. Citibus provides service Monday through Saturday from 5:45 am to 7:15 pm, except holidays. Citibus, and two sub -contractors, provides service for the non -emergency medical transportation contract with TxDOT. The FY 2010 TxDOT Section 5307 grant will be used for operating assistance. City of Lubbock uRB toai( 05) 4 Resolution No. 2009—R0304 ATTACHMENT B MASTER BUDGET PAGE [Insert Electronic Budget page] City of Lubbock .: URB 1001(05) bbock Resolution No. 2009-RO304 �terreporterlpn Select Fiscal Year---> FY 2010 Legend ` Tofale DroDowns Locked Cell rD-PT.",9.t enapofuv Quantity & Data Ent Title Calls 7TOtal t Maintenance 111.7KOO Of Service T11. 11.13 Lubbock §5307 5307 C §5307 5307 State Local Subtotal Federal State Local Subtol Local I Subtotal I Federal I state Total 7 5307 Subtotal 307 1 5307 Cumulative 5307 Total RE Total Federal Total Transit 8 1 634,6811 State 1 634,681 Local 1 Federal Stste Local Subtotal 1 634,681 0187, 71 OQW9 TEXAS TRANSPORTATION COMMISSION VARIOUS Counties MINUTE ORDER Page 1 of I ALL Districts The General Appropriations Act enacted by the 81st Texas Legislature, Regular Session, appropriated $57,482,135 for public transportation grants for small urban and nonurbanized areas of the state. The Texas Transportation Commission (commission) desires to award $28,741,068, the appropriated amount for FY 2010, and the balance plus any unobligated funds for fiscal year 2011. Title 43, Texas Administrative Code, §31.11 establishes a formula by which public transportation funds shall be distributed to the small urban and nonurbanized areas of the state. The FY 2010 allocation is shown in Exhibit A and has been calculated in accordance with the provisions of §31.1 I. Transportation Code, Chapter 455 assigns a broad spectrum of public transportation roles and missions to the Texas Department of Transportation. Transportation Code, Chapter 456 authorizes the commission to administer funds appropriated for public transportation, IT IS THEREFORE ORDERED by the commission that the executive director or the director's designee is directed to proceed with the allocations as described in Exhibit A and to enter into the necessary contracts for the FY 2010 program of projects upon completion of all application requirements by the local public transportation operators. Re ended by: Executive Director W847 JU 25 09 Minute Date Number Passed Resolution No_ 2009—RO304 Page 1 of 2 Exhibit A Urbanized Area Allocation Abilene $364, 513 Amarillo 410,583 Arlington 243,739 Beaumont 425,296 Brownsville 569,719 College Station-B an 373,278 Galveston 458,596 Grand Prairie 159,579 Harlingen 4 152,917 Killeen 404,769 Lake Jackson -Angleton 247,501 Laredo 708,885 Longview 238,830 Lubbock 634,681 McAllen 468,850 McKinney 245,404 Mes uite 142,455 Midland -Odessa 446,746 North Richland Hills 116,134 Port Arthur 309,750 SanAn elo 266,188 Sherman 236,608 Temple 262,261 Texarkana 250,284 Texas City 251,290 The Woodlands 417,689 Tyler 274,861 Victoria 273,645 Waco 401,624 Wichita Falls 302,699 Total $10,059,374 Page 2 of 2 Exhibit A Nonurbanized Provider Allocation Alamo Area Council of Governments $916,513 Ark -Tex Council of Governments 635,903 As ermont Small Business Development Center, Inc. 264,927 Bee Community Action Agency 277,393 Brazos Transit District 2,074,217 Capital Area Rural Transportation System 1,001,942 Ca rock Community Action Association 304,639 Central Texas Rural Transit District 650,266 Cleburne, &Y7 of 303,337 Collin County Committee on Aging 191,554 Colorado Valley Transit, Inc. 397,383 Community Action Council of South Texas 371,645 Community Council of Southwest Texas, Inc. 489,227 Community Services, Inc. 414,146 Concho Valley Transit District 416,693 Del Rio, Ci of 258,835 East Texas Council of Governments 889,475 El Paso, County of 245,617 Fort Bend County 102,804 Golden Crescent Regional Planning Commission 518,507 Gulf Coast Center 257,486 Heart of Texas Council of Governments 453,137 Hill Country Transit District 532,108 Kaufman Area Rural Trans ortation 319,011 Kleberg County Human Services 195,125 Lower Rio Grande Valley Develo went Council 331,538 Panhandle Conununity Services 822,380 Public Transit Services 390,003 Rolling Plains Management Corporation 381,821 Rural Economic Assistance League, Inc. 366,650 Senior Center Resources and Public Transit, Inc. 281,544 South East Texas Regional Planning Commission 381,213 South Padre Island, Town of 368,279 South Plains CommunRy Action Association 520,266 SPAN, Inc. 257,878 Texoma Area Paratransit System 549,595 The Transit System, Inc. 265,182 Webb County Communi Action A cncy 272,859 West Texas Opportunities, Inc. 1,010,596 Total $18,681,694 CITY OF LUBBOCK AGENDA ITEM SUMMARY 11. CONSENT AGENDA ITEM #/SUBJECT: # Consider a resolution authorizing the Mayor to execute Contract No. 51005F7054 with the Texas Department of Transportation (TxDOT) for operating assistance. (Citibus) BACKGROUND DISCUSSION: TxDOT is allocating a Section 5307 grant in the amount of $634,681 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus) for Fiscal Year 2010. The $634,681 is included in the Citibus budget for FY 2010 that has been previously submitted to the City Council. The contract is effective from September 1, 2009, or when fully executed by both parties, and shall terminate on August 31, 2010. FISCAL IMPACT: Acceptance of this grant will result in no additional cost to the City of Lubbock. SUMMARY/RECOMMENDATION: Citibus recommends the approval of Contract No. 51005F7054.