The URL can be used to link to this page

Home My WebLink AboutResolution - 2007-R0428 - Sec. 5307 Grant Agreement - TXDOT - Citibus Finncial Assistance - 09_13_2007Resolution No. 2007—RO428 September 13, 2007 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 BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a 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 13th day of September , 2007. ATTEST: y1�Z�.00 �� DAVID A. MILLER, MAYOR Rebe6ca Garza, City Secretary AS TO CONTENT: City Manager/Transportation and Public Works D AS te, Assistant City Attorney gs/ccdocs/Citbus-Grant Agrmnt TXDOT.Regional Coord Manses 08.21.07 Resolution No. 2007—RO428 RECIPIENT. City of Lubbock STATE/LOCAL PUBLIC TRANSPORTATION (SECTION 5307) GRANT AGREEMENT - STATE PROJECT GRANT AGREEMENT NO.: URB 0801(05) STATE PROJECT NO.: 51BOSF7064 SERVICE AREA: City of Lubbock MASTER GRANT AGREEMENT # 517XXF7054 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § STATE/LOCAL URBAN PUBLIC TRANSPORTATION FISCAL YEAR 2008 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 2008 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 110967; 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; 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, 2007 whichever is later. This PGA shall remain in effect until August 31, 2008 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. 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 $450,031 .00 provided that expenditures are made in accordance with the amounts and for the purposes authorized in the GA Part I and the Attachment B - Approved 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 MGAArticle 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. 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 autholed by the Texas Transportation Commission. By:V- -- `R ndy Hopman , P.E. Lub�rock District ngineer Date: / ��7('7 List of Attachments A - Approved Project Description B - Approved Budget Page CITY OF LUBBOCK By: Signatu a of Authorized Officer David A. Miller Typed, Printed or Stamped Name Title: Mayor Date. September 13, 2007 APPROVED RECIPIENT ATTEST: Rebecca Garza City Secretary Date: September 13, 2007 APPROVED AS TO CONTENT: (jJaesoomis t City Manager Transportation & Public Works Assistant City Attorney Resolution No. 2007-RO428 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. [Please 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 69 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 38 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 three sub -contractors, provides service for the non -emergency medical transportation contract with TxDOT. The FY 2008 TxDOT Section 5307 grant will be used for operating assistance. ATTACHMENT B APPROVED BUDGET PAGE [Please Insert Electronic Budget Page] Public Transportation Budget -Attachment B Resolution No. 2007-RO428 Select Fiscal Year----> FY 2008 Legend Federal ShomGalculat+r 30T 5307 Totals Federal State Local Federal State Local Dro Downs t)ep.ihnarr adTrsraport+don Quantity & ALI ¢soot Tyne Pro act # Grant # Start Date Locked Cell uRB 0801 05 Data Ent 51805F7054 5307 Local Subtotal Title Cells 0 '3 '7 08f31+'08 End Date Federal §5307 state 5307 Local Subtotal Cumulative 5307 Total Ent Date Total of All Programs OB131f07 §5307 Stale Federal Desarlptton Preventive Maintenance 11.7A.00 Purchase of Service 11.71A3[_ 11.7A.00 10 11.71.13 AlLomer�,3�o Arai Capital Subtotal ministration oats Federal State Local Subtotal Federal State Local Subtotal Total Planning Costs Total AdminlPlannin Costs Gross Operating 450,031 Federal State Local Subtotal Federal State Loral Subtotal 1 Total 1 0.031 1 1 450,031 450,031 Farebox Revenue Nei Operating 450,031 1 1 450.0311 1 450.031 1450,031 307 Total I Federal I State I Local Total Transit Budget 1 450,031 450,031 5307 Subtotal 65307 5307 Cumulative 5307 Total I Federal I State Local Subtotal 450,031 450,031 a$912007