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Home My WebLink AboutResolution - 2007-R0181 - Sec. 5310 Grant Agreement - TXDOT - State_Local Public Transportation - 05_11_2007Resolution No. 2007-RO181 May 11, 2007 Itme No. 5.21 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 a State/Local Public Transportation (Section 5310) Grant Agreement (Contract No. 517057F7148) and any associated documents by and between the City of Lubbock and Texas Department of Transportation, a copy of which Grant is attached hereto and which shall be spread upon the minutes of Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 11th day of hay 32007. DAVID A. MILLER, MAYOR ATTEST: Reb cca Garza, City Secretary VED AS TO CONTENT: Loomis int City Manager/Transportation and Public Works APPROVED AS TOFORM: gs/ccdocs/CUbus-Interlocal Agrmnt-TXDOT.res 04/30/2007 Misc, Contract No: 51705F7148 SUBRECIPIENT: City of Lubbock Resolution No. 2007—RO181 STATE/LOCAL PUBLIC TRANSPORTATION (SECTION 5310) GRANT AGREEMENT- FEDERAL STATE PROJECT NO.: ED 0703 (05) MISC. CONTRACT NO, 51705F7148 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, 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 110377; and, WHEREAS, the Subrecipient must execute a Fiscal Year Grant Application, Part I at the start of each fiscal year grant period for consideration for new state and/or federal grants; and, 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 Lubbock STATE PROJECT NO.: ED 0703 (05) Page 1 of 3 Misc. Contract No: 51705F7148 AGREEMENT ARTICLE 1. GRANT TIME PERIOD This PGA becomes effective when fully executed by both parties or on April 11, 2007 whichever is later. This PGA shall remain in effect until August 31, 2008 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 $52,280 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 C. Hopmann, 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 STATE PROJECT NO.: ED 0703 (05) Page 2 of 3 Misc. Contract No: 51705F7148 ARTICLES. 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: Rand C. Hop nn, P.E. District Enginee Title: Date: _ ` q 7 lol List of Attachments A - Project Description B - Project Budget City of Lubbock Signature of Authorized Officer David A. Miller Typed, Printed or Stamped Name Title: Mayor Date: May 114 2007 City of Lubbock STATE PROJECT NO.: ED 0703 (05) Page 3 of 3 APPROVED RECIPIENT ATTEST: Reb cca Garza City Secretary Date: May 11, 2007 APPROVED AS TO CONTENT: 1,4,11 ?1 J s L,00rn s A istant City Manager Transportation & Public Works APPROVED AS TO FORM: A11A I - " 0-- OFF RNA Assistant City Attorney Misc. Contract No: 51705F7148 ATTACHMENT A PROJECT DESCRIPTION Subrecipient: City of Lubbock State Project No.: ED 0703 (05) Misc. Contract No.: 51705F7148 Effective Date: April 11, 2007 Project Completion Date: August 31, 2008 Lubbock District Description Capital Preventive Maintenance Totals NARRATIVE: Elderly and Persons with Disabilities Program (49 U.S.C.§5310) CF DA 20.513 ALI Code No. Units Total Federal Local Match 11.7A.00 1 65,350 52,280 13,070 65,350 52,280 13,070 City of Lubbock PROJECT NO.: ED 0703 (05) PTN 5310 Fed Master Page 1 of 1 Lubbock r�era nepsrr...enr ol7rrnaportution Select Fiscal Year—> FY 2007 Legend Federal Share Caka §5jTo1W Totals Federal Local Dr Dorms Locked Cell Data En Title Cells Texas �pax=ant of Transportefon Quantity 8 ALI FuelTvoe P ect# Grant # Start Date End Date En Date Total of All Programs 5310Description Federsl Local Total Preventive Maintenance 11.7A.00 Purchase of Service 11.71.13 aomnuye i 1 i 11.7A.00 52,280 13,070 65.350 I�Lrzbase of 10 11.71.13 All [nhar 5310 Capital Capital Subtotal 65,350 52,280 13,070 65,350 � mWalion Costs FedereI Stale Local Total Planning Coats Total AdminlPlanning Costs Gross Operating Federal State Local Total 713,138 fambox Revenue Net Operating 713.138 e72 Total §5310 Federal State Lout 5310 Total Total Transit Budget I T78,4881 52,280 1 - 13,070 65,350 427l2007 Budget I Name: District Quantity &Tool -Fuels ORIGINAL BUDGET Mscrlptten ALI Code Federal State Local Project # ED 0703 Q5 Pwmmve Mai finance 11,7A.00 65,350 52,280 13,070 Grant# 51705F7148 PurchasecfSaMce 11.7113 Start Date A nl 1 t 2007 End Date August 31, 2008 Revision Date: Retum to Too Total 63,350 1 52,2501 1 13,070