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HomeMy WebLinkAboutResolution - 109 - Grant Application-DOT-Amendment To Grant For FY 1977-78, UTMA - 03_22_1979DGV:cl RESO. #109 (3/22/79) RESOLUTION wa RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR GRANT UNDER THE URBAN MASS TRANS- PORTATION ACT OF 1964, AS AMENDED, FOR AMENDMENT TO THE GRANT FOR FY 1977-78. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance.will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in con- nection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of'Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to insure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the MAYOR is authorized to execute and file applications on behalf of the City of Lubbock with the U.S. Department of Transportation, for amendments to the original grants to aid in the financing of operating as- sistance projects pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended, for the fiscal year 1977-78. 2. THAT the MAYOR is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Trans- portation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. THAT JOHN L. WILSON, Transit Coordinator, is authorized to furnish such additional information as the U.S. Department of Transportation may re- quire in connection with the applications or the project. 4. THAT the MAYOR is authorized to set forth and execute affirmative minority business policies in connection with the projects procurement needs. RE: TX-05-4048-01 5. THAT the MAYOR is authorized to execute grant contract agreements on behalf of the City of Lubbock with the U.S. Department of Transportation for aid in the financing of the operating assistance projects. Passed by the City Council this 22nday of March ,1979. D WEST, MAYOR ATTEST: Evelyn Gaffga, City Se e y reasurer APPROVED AS TO CONTENT: 100yo'. John L. Wilson, Transit Coordinator APPROVED AS TO FORM: Donald G. Vandiver, Asst. City Attorney UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION NOTIFICATION OF'GRANT APPROVAL: 49 U.S.C. S,S 1604 \ SECTION 5 OPERATING ASSISTANCE GRANT CONTRACT AMENDATORY AGREEMENT PART 1 Project No. TX-05-4048 Amendment No. 01 The parties hereto agree that the Urban Mass Transportation Operating Assistance Grant Contract entered into on 8/17/78 is amended as set forth below: NOTE: If more than one amendment has been done, dates of all contracts should be noted. GRANTEE: City of Lubbock MASS TRANSPORTATION SYSTEM: Lubbock Transit System PROJECT TIME PERIOD: . October 1, 1977 - September 30, 1978 ELIGIBLE PROJECT OPERATING EXPENSES: (Total Eligible expenses - including amendment and original) $955,489 FEDERAL SHARE: (Total Federal Share - including amendment and original) $383,268 IDENTIFICATION OF SOURCES OF FEDERAL FINANCIAL ASSISTANCE: 21.10.00.00 DATE OF 13(c) CERTIFICATION LETTER FROM THE DEPARTMENT OF LABOR Original 13 c and date of 13 c for the amendment. May 26, 1978 The additional increment of Federal funds is $ 1,784 M_AY_1 _L O.z�. D E _ REGIONAL DIRECTOR, REGION Vl UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION URBAN MASS TRANSPORTATION ADMINISTRATION G RAN T 49 U.S.C. 5 1604 (SECTION 5 - OPERATING ASSISTANCE) PART I THIS GRANT, effective on the date specified in the Notification of Grant Approval by and between the United States of America ("Government") and the Grantee named in the Notification of Grant Approval, WITNESSETH: In consideration "of the mutual covenants, promises, and representations herein, the parties hereto agree as'follows:- Sec. 1. Purpose of Grant - The purpose of this Grant is to provide for the undertaking of an urban mass transpor- tation operating assistance project ("Project") with Government financial assistance to the Grantee in the form of an operating assistance grant ("Grant"), under Section 5 of the Urban . Mass Transportation Act of 1964, as.amended, ("Act"), and to state the terms and conditions upon which such assistance will be provided and the manner in which the Project will be undertaken and completed and the Project facilities/equipment used. Sec. 2. The Project - The Project involves the continued or improved operation of the mass transit system named in the Notification of Grant Approval for the time period described in the Notification of Grant Approval. The Grantee agrees to provide for the continued or improved operation of the system, substantially as described in its Application, filed with and approved by the Government, incorporated in this Agreement by reference, and in accordance with the -terms and conditions of this Agreement. Sec. 3. The Grant - In order to assist the Grantee in financing the project operating expenses that are eligible for federal financial assistance ("Net Project Cost"), such Net Project Cost being estimated to be.the amount appearing in the Notification of Grant Approval, the Government will make a Grant in an amount not to exceed 50% of the Net Project Cost, as determined by the Department of Transportation (DOT) upon completion of the Project, or in the amount designated as Federal Share in the Notification of Grant Form UMTA F 2001 Rev. 1/2/79 Page 1 ti .Approval, whichever is the lesser. Federal funds made available under this Section will be from available Section 5 apportioned funds. Notwithstanding any provision to the contrary in Part II,.Form UMTA F 5C, dated 1/2/79, the federal financial assistance provided under this Grant may be applied'to Net Project Costs incurred by the Grantee during the Project -Time Period specified in the Notification ' of Grant Approval._ For purposes of this Agr,eement "Net Project Cost" must be in conformance with the requirements of Federal Management Circular 74-4 (FMC 74-4), "Cost Principles Applicable to Grants and Contracts With State and Local Governments," and with any guidelines or regulations issued by UMTA. The obligation of the Government to make Federal Grant payments in any fiscal year shall not exceed the amount provided in the Project Budget for the fiscal year in which requisitions therefor are submitted. The Grantee agrees that it will provide from sources other than (a) Federal funds, (b) receipts from the use of the Project facilities/equipment, or (c) revenues of the public transportation system in which such facilities/equipment are used, funds in the amount sufficient, together with the Grant, to assure payment of the actual Project -Cost. The__ Grantee further agrees that no refund or reduction of the amount so provided will be made at any time, unless there is at the same time a refund to the Government of,a. proportional amount of the Grant. Notwithstanding the preceding sentence, if State and local government funds or other transit revenues are reduced and if such reduction is offset by an increase in operating revenues through changes in fare structure, then there shall be no loss of federal assistance under this Section. Furthermore, if the Grantee reduces operating costs without reducing service levels, the Grantee shall be entitled to make a proportionate reduction in the amount of transit revenues required to be provided as local share. The Grantee agrees and assures that it will not institute increases in general levels of fares or substantial changes in general levels of service during the period after November 6, 1978 for which Section 5 assistance is requested except -- (A) after having held public hearings or having afforded an adequate opportunity for such hearings, after adequate public notice, (B) after having given proper consideration to views and comments expressed in such hearings, and Page 2 (C) after having given consideration to the effect on energy conservation, and the economic, environ- mental, and social impact of the change in such fare or such service. Sec. 4. Maintenance of Effort - The Grantee agrees that'the federal financial assistance provided pursuant to this Grant will be supplementary to and not in substitution for the average amount of State and local government funds and other transit revenues, As defined in guidelines or regulations issued by UMTA, expended on the operation of mass transportation service in the area involved for the two fiscal years preceding the fiscal year for which the -funds are made available. Any failure on the part of the Grantee to comply with this Section shall be deemed a violation of the terms of this Grant, and the Government may in its discretion take either or both of the following actions: (a) terminate all' of the financial assistance provided pursuant to this Grant; and (b) require the Grantee to.return to the Government any financial assistance provided pursuant to this Grant., Seci-- S. -._Useof Project- Facilities/E ui sent- =_ The '- Grantee- agrees that the - 'Project- facilities equipment -shall be used =for:the.=provision of mass transportation -service -- within its urban -area substantially as described-:---in-the Project Description` for a period of ten -years from the date--_ of purchase of buses and of items of equipment costing less than $50,000 and for a period of 20 years from the' -date of construction or'installation of facilities or items of equipment costing $50,000 or more. If, during such period, any Project facilities/equipment are not used in this manner_ or are withdrawn from mass transportation service, the Grantee shall immediately notify the Government and shall remit to the Government a proportional amount of the fair market value, if any, of such property (determined on the basis of the ratio of the Grant made by the Government to the actual total cost of the Project). For the purpose of this Section, the fair market value shall be deemed to be either the value of the property as determined by competent appraisal conducted as soon after such withdrawal or misuse occurs as feasible or the actual proceeds from the public sale of such property, whichever is approved by UMTA. The Grantee shall keep satisfactory records with regard to the use of the property and submit to the Government upon request such information as is required in order to assure compliance with this Section and shall immediately notify Page 3 UMTA in all cases in which Project facilities/equipment are * used in a manner substantially different from that described ' in the Project Description. The Grantee shall maintain in amount and form satisfactory to the Government such insurance or -self-insurance as 'will be adequate to protect Project facilities and/or equipment throughout the period of required use. The cost of such insurance shall not be an item of allowable cost. The Grantee shall also submit to the Govern- ment at the - beginning of each calendar year during such period, a certification that the Project facilities/equipment are still being used in accordance with the terms of this 'Section and that no part of the local contribution to the cost of -the Project has been refunded or reduced, except as authorized by Section 3 above. Sec. 6. Labor Protection - The Grantee agrees to undertake, carry out, and complete the Project under the terms and conditi-ons determined by the Secretary of Labor to be fair and equitable to protect the interests of employees affected by the Project and meeting the requirements of section 13(c) of the Act, 49 U.S.C. § 1609(c). These-..l terms --and conditions 'are -iden-tified-- in _the.__ letter.--- of - certification=to -the-Government -from: the'Department-of Labor:.on--the date -set-forth:in`the Notification: -of Grant Approval, which letter and any documents. cited. -in that --- letter are incorporated into this -Grant by -reference.- The Grant is subject to the conditions stated in the Department of Labor letter. Sec. 7. Special Conditions - The Grantee agrees and assures that the rates charged elderly and handicapped persons during nonpeak hours for transportation utilizing or involving the facilities and equipment financed pursuant to this Grant will not exceed one-half of the rates generally applicable.to other persons at peak hours, whether the operation of such facilities and equipment is by the applicant or is by another entity under lease or otherwise. Sec. 8. The Grant - This Grant consists of the Notificati+ of Grant Approval; this Part I, Form UMTA F 2001, Rev. 1/2/79 entitled Grant; and Part II, Form UMTA F 5C, dated 1/2/79, entitled Urban Mass Transportation Agreement, Terms and Conditions. Should the grant award letter include special conditions for this Project, that letter is incorporate herein by reference. The latest approved Project Budget is incor_orated herein by reference. Amendments to any of these documents shall require a formal amendment to this Grant, except that reallocations of funds among budget items or fiscal years which do not increase the total amount of the federal grant shall only require prior authorization from UMTA and the issuance of a new Project Budget. Page 4 Sec. 9. Execution of Grant - This Grant may be simul- taneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. Wben dated and signed by the Government, this Grant should be executed by the Grantee within sixty (60).days of such•date. The Government may withdraw its obligation hereunder if the Grant is not executed within the above sixty-day period. The effective date of the Grant shall be the date of Notification of Grant Approval. The Grantee does hereby ratify and adopt all statements, representations, warranties, covenants, materials submitted by it, and does hereby accept the Government's award -of financial assistance and agrees to all of the terms and conditions of this Grant. Executed this 22nd day of March- 19 79 . ATTESTS IF Evelyn Gaff9a City Secretary -Treasurer _ City of Lubbock, Texas TITLE AND ORGANIZATION C 11 OF LUBIIOQK, TEXAS BY irk Ves Mayor City of Lubbock, TeKi TITLE AND ORGANIZATION Certificate of Grantee's Attorney I, Donald-G. Vandiver , acting as Attorney for the Grantee, do hereby certify that I have examined this Grant and the proceedings taken by the Grantee relating thereto, and find that the execution of the Grant by the Grantee has been duly authorized by the Grantee's action dated March 22, 1979 (a copy of which has been submitted to UMTA) and is in all respects due and proper and in accordance with applicable State and local law and further that, in my opinion, said Grant constitut a legal and binding obligation of the Grantee in accordance with the terms thereof. I further certify that to the best of my knowledge there is no legislation or litigation pending or threatened which might affect the performance of the Project in accordance with the terms of this Grant. Dated this 22nd day of March 19 79 SI ATURE First Assistant City Attorney City of Lubbock, Texas Page 5 TITLE AND ORGANIZATION - I