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HomeMy WebLinkAboutResolution - 2010-R0400 - Project Grant Agreement (URB 1101(5)) - TX Dept. Of Transportation - 08/26/2010Resolution No. 2010-RO400 August 26, 2010 Item No. 5.22 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Chief Financial Officer of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Project Grant Agreement No. URB 1101(5), by and between the City of Lubbock and the Texas Department of Transportation, and related documents. Said Project 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 City Council. Passed by the City Council on August 26, 2010 TOM MARTIN, MAYOR ATTEST. Rebec Csarra, City Secret7ry APPROVED AS TO CONTENT: Bill Howerton, Community Development Citibus APPROVED AS TO FORM: Chad Wearer, Assistant City Attorney vw:ccdocs: Citibus-Project Grant Agreement-'1-xDO,r August 6, 2010 Resolution No. 2010-RO400 Project Grant Agreement # URB 1101( 05) RECIPIENT: City of Lubbock STATE/LOCAL PUBLIC TRANSPORTATION (SECTION 5307) GRANT AGREEMENT - STATE PROJECT GRANT AGREEMENT NO.: URB 1101(05) STATE PROJECT M 51105F7064 SERVICE AREA: City of Lubbock MASTER GRANT AGREEMENT # 517XXF7054 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § STATE/LOCAL URBAN PUBLIC TRANSPORTATION FISCAL YEAR 2011 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 2011 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 112301; 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, but in no event before September 1, 2010. This PGA shall remain in effect until August 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 Recipient has submitted the GA Part I to the State. The time period of this PGA cannot be extended past the MGA without City of Lubbock State Project #.: 51105F7064 State 5307 SLUPT Pape 1 of 6 Rev. 7/2010 Project Grant Agreement # URB 1101(05) 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 $622,763 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, Lubbock District PTN-PTC 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 the MGA Article 1, Grant Time Period. ARTICLE 5. STATE AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or City of Lubbock State Project #.: 51105F7064 State 5307 SLUPT Paae 2 of 6 Rev. 7/2010 Project Grant Agreement # URB 1101(05) audit. ARTICLE 6. NEPOTISM DISCLOSURE A. In this section the term relative means: (1)a person's great grandparent, grandparent, parent, aunt or uncle, sibling, niece or nephew, spouse, child, grandchild, or great grandchild, or (2)the grandparent, parent, sibling, child, or grandchild of the persons spouse. B. A notification required by this section shall be submitted in writing to the person designated to receive official notices under this contract and by first-class mail addressed to Contract Services Section, General Services Division, Texas Department of Transportation, 125 East 11th Street, Austin Texas 78701. The notice shall specify the Recipient's entity name, the name of the person who submitted the notification, the contract number, the district, division, or office of TxDOT that is principally responsible for the contract, the name of the relevant Recipient employee, the expected role of the Recipient employee on the project, the name of the TxDOT employee who is a relative of the Recipient employee, the title of the TxDOT employee, the work location of the TxDOT employee, and the nature of the relationship. C. By executing this contract, the Recipient is certifying that the Recipient does not have any knowledge that any of its employees or of any employees of a subcontractor who are expected to work under this contract have a relative that is employed by TxDOT unless the Recipient has notified TxDOT of each instance as required by subsection (b). D. If the Recipient learns at any time that any of its employees or that any of the employees of a subcontractor who are performing work under this contract have a relative who is employed by TxDOT, the Recipient shall notify TxDOT under subsection (b) of each instance within thirty days of obtaining that knowledge. E. If the Recipient violates this section, TxDOT may terminate the contract immediately for cause, may impose any sanction permitted by law, and may pursue any other remedy permitted by law. ARTICLE 7. 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 8. 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 State Project #.: 51105F7064 State 5307 SLUPT Page 3 of 6 Rev. 7/2010 Project Grant Agreement # URB 1101(05) ARTICLE 9. 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 10. INCORPORATION OF PROVISIONS Attachments are attached hereto and incorporated into this contract as if fully set forth herein. ARTICLE 11. 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 Commissionfir the purpose and effect of activating and/or caryin ut the orders, established policies or work pr ms heretofore approved and authorized by the Texas Yantportation Commission, By: Lynn Castle, Lubbock District PTN-PTC Date:�� CG -" C�Ia �`) List of Attachments A - Approved Project Description B - Master Budget Page City of Lubbock c+afo j;qn7 CI I IPT CITY OF LUBBOCK By: kAta�-- Signbtuie of Authorized Officer Andy Burcham Typed, Printed or Stamped Name Title: Chief Financial Officer Date: August 26, 2010 State Project #.: 51105F7064 Pane A of F RPv 7/9nin APPROVED RECIPIENT ATTEST: Rebecca Garza City Secretary Date: APPROVED AS TO CONTENT: Bill Ho erton ComnY6nity Devel ent Director APPROVED AS TO FORM: Chad Weaver Assistant City Attorney Resolution No. 2010-RO400 Project Grant Agreement # URB 1101( 05) 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 a sub -contractor, provides service for the non -emergency medical transportation contract with TxDOT. The FY 2011 TxDOT Section 5307 grant will be used for operating assistance. City of Lubbock State Project #.: 51105F7064 Project Grant Agreement # URB 1101( 05) ATTACHMENT B MASTER BUDGET PAGE [Insert Electronic Budget Page] City of Lubbock State Project #.: 51105F7064 ctzato r%,im ci i SPT Pana R of R Rav 7/9nin oil Resolution No. 2010-RO400 Legend FodBadStupe CAkulidw Totals Dro Downs Locked Cell Project # Data Ent Grant # TStart Date Title Cells PD.p=entEnd Date Transportatlon Ent Date Section II: Capital Costs Quantity & Total of All Description ALI fLiq}.TYm Programs §5307 Federal Federal Lubbock State §5307 State Local Local 5307 Subtotal 5307 Federal Federal State §5307 State Local Local 5307 Subtotal Cumulative 5307 Total Preventive Maintenance 11.7A00 Purchase of Service 1171,13 11.7A.00 11 71.18 [� OtEerE3fa[Se+N�.i SuhtoRal Section III: Plan nln Admin. Costs Federal State Local Subtotal Federal State Local Subtotal Total Administration Costs _ Planning Costs Total AdmirutKarming Coote Section IV: 22arating Coit[ Federal State Local Subtotal Federal State Local Subtotal Total Gross Operating 822763 622,763 O2Z7e ` Farebox Revenue Mat 1 622.7x3 MM 62.783 622,78 Total Transk Budget 307 5307 Subtotal I Federal P307 State Local 5307 Subtotal lCumulative, 5307 Total Total I Federal State I Local Total Trarwk Budget I 82,763 e22,7e3 622,783 - M-- 70 Section VI: Summary Source of Local Funds Total of Local Funds Amount CITY OF LUBBOCK AGENDA ITEM SUMMARY II. CONSENT AGENDA ITEM WSUBJECT: # Consider a resolution authorizing the Mayor to execute Contract No. 51105177064 with the Texas Department of Transportation (TxDOT) for operating assistance. (Citibus) BACKGROUND DISCUSSION: TxDOT is allocating a Section 5307 grant in the amount of $622,763 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus) for Fiscal Year 2011. The $622,763 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, 2010, or when fully executed by both parties, and shall terminate on August 31, 2011. 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. 51105F7064.