HomeMy WebLinkAboutResolution - 2010-R0274 - Texas Department Of Transportation Grant Agreement - 06/10/2010Resolution No. 2010-RO274
June 10, 2010
Item No. 5.23
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Section 5310 Grant Contract No.
51005F7278, by and between the City of Lubbock and the Texas Department of
Transportation, and related documents. Said Grant Agreement Amendment 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 on June 10, 2010
TOM MARTIN, MAYOR
ATTEST:
Rebeccl Garza, City Secretary
VED AS TO CONTENT:
Loomis, Assistant City Manager
,ortation & Public Works
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwlccdocs.!Citibus-Section 5310 Grant Contract TxDOT
5.24.10
Resolution No. 2010-RO274
Contract # 51005F7278
SUBRECIPIENT: LubbocktCMBUS, City of
STATE&OCAL PUBLIC TRANSPORTATION (SECTION 5310) GRANT AGREEMENT - FEDERAL
CFDA #: 20.513
PROJECT GRANT AGREEMENT #: ED 1001 (05)
CONTRACT #.: 51005F7278
MASTER GRANT AGREEMENT # 517XXF7054
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
STATEILOCAL 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
Lubbock/CITIBUS, City of, 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 executed a Fiscal Year 10 Grant Application, Part t (GA Part 1)
and Grant Application, Part II (GA Part Il) for consideration for new state and/or federal
grants; and,
WHEREAS, the Subrecipient submitted a GA 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
112145; 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; 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:
Lubbock/CITIBUS, City of Contract# 51005F7278
Fed 5310 Page 1 of 5
Rev 10115/2008
Contract # 51005F7278
AGREEMENT
ARTICLE 1. GRANT TIME PERIOD
This PGA becomes effective when fully executed by both parties or on 411/2010, whichever is
later. This PGA shall remain in effect until 8/31/2011, 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 11
(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 the GA Part I and/or the attached Attachment A - Approved Project Description
and Project Budget (Attachment A), with all practicable dispatch, in a sound, economical and
efficient manner.
The Subrecipient shall carryout the public transportation project described in the GA Part I
and 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 Subreciplent 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 $21,469 provided that
expenditures are made in accordance with the amounts and for the purposes authorized in
the GA Part I, 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:
Lynn Castle, Public Transportation Coordinator
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.
Lubbock/CITIBUS, City of Contract# 5100SF7278
Fed 5310 Page 2 of 5 Rev 10/15/2008
Contract # 51005F7278
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 Commisslo for the purpose
and effect of activating and/or car4ing out the orders,
established policies or work proams heretofore
approved and authorized by Texas Transportation
Commission.
By: `r e�- L --y
41-1 Lynn Castle
Public Transportation Coordinator
Title:
Date:
List of Attachments
A - Approved Project Description and Project Budget
8 - Master Budget Page
LubbocidCITIBUS, City of
By
Signature of Authorized Officer
TOM MARTIN
Typed, Printed or Stamped Name
Title: Mayor
Date. June 10, 2010
Lubbock/CITIBUS, City of Contract# 51005F7278
Fed 5310 Page 3 of 5
Rev 10/13/2008
APPROVED
RECIPIENT
ATTEST:
,Q
Rebe ca Garza
City Secretary
Date:—June 10 2010
AS TO CONTENT:
City Manager
APPROVED AS TO FORM:
�%;d Weaver
Assistant City Attorney
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Resolution No. 2010-RO274
ATTACHMENT B
MASTER BUDGET PAGE
[insert Electronic Budget Page]
Lubbock/CITIBUS, City of Contract# 51005F7278
Fed 5310 Page 5 of 5
Rev 10/1512008
Contract# 51005F7278
-R0274
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
II. CONSENT AGENDA
ITEM #/SUBJECT:
# Consider a resolution authorizing the Mayor to execute a Section 5310 Grant,
Contract No. 51005F7278, with the Texas Department of Transportation (TxDOT).
(Citibus)
BACKGROUND DISCUSSION:
TxDOT is allocating $21,469 of public transportation funds to the City of Lubbock to be
used for preventative maintenance for CitiAccess (Demand Response Service). The
funds from Section 5310 grants are to be used to help provide mass transportation service
planning, designed, and carried out to meet the special needs of elderly individuals and
individuals with disabilities. The contract becomes effective when fully executed by both
parties or on April 1, 2010, whichever is later. The contract shall terminate on August
31, 2011.
At the TxDOT Commission Meeting on May 27, 2010, a second allocation of Section
5310 funds was awarded. Citibus will bring the second allocation of Section 5310 funds
to City Council for approval once the contact for the second award is received.
FISCAL IMPACT:
The match required for this grant has already been included in the Citibus budget.
Acceptance of this grant will result in no additional cost to the City of Lubbock.
SUMMARY/RECOMMENDATION:
Citibus recommends the approval of Contract No. 51005F7278.