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Home My WebLink AboutResolution - 2310 - Grant Application - USDOT - Section 9(A) Capital Assistance & Techinical Studies - 05_08_1986Resolution #2310 May 8, 1986 Agenda Item #20 Authorizing Resolution Resolution #2310 - A RESOLUTION OF THE CITY COUNCIL 'OF LUBBOCK, TEXAS, AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF'AMERICA FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and 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; and WHEREAS, it is required by the United States Department of Transportation in accordance with the provisions of Title VI of the Civil Rights 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 United States Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant that disadvantaged business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that disadvantaged 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'LUBBOdk, TEXAS, ON THIS 8TH DAY OF MAY, 1986, AS FOLLOWS: 1. That the MAYOR is authorized to execute and file applications on behalf of the Citv of Lubbock with the United States Department of Transportation to aid in the financing of planning, capital, and/or operating assistance projects pursuant to Section 9(A) of the Urban *sass Transportation Act of 1964, as amended. 2. That the MAYOR is authorized to execute and file with such applications an assurance or any other document required by the United States Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act 1964. 3. That the GENERAL MANAGER of CITY TRANSIT MANAGEMENT COMPANY, INC., is authorized to furnish such additional information as the United States Department of Transportation may require in connection with the application fc the program of projects. 4. The the MAYOR is authorized to set forth and execute affirmative minority business policies in connection with the program of projects' procurement needs. 5. That the MAYOR is authorized to execute grant agreements on behalf of Lubbock, Texas, with the United States Department of Transportation for aid in the financing of the planning, capital and/or operating assistance program of projects. 6. That this resolution shall take effect immediately upon its adoption. Passed by the City Council this 8th day of May, 1986. CW B.C. McMinn, Mayo: ATTEST: Ranet e Boyd, City Secretary Approved as to Cont ntc L'arry 7--"iim-a-n, Dire ok of Tran'sportation Approved as to Form J. W th Fullingim, Assistant CI Attorney "CITY OF LUBBOCK ft 1 Yr P.O. Box 2000 \4100 Lubbock, Tx. 79457 (806) 762-6411 April 11, 1986 Mr. Wilbur Hare UMTA Regional Office 819 Taylor Street, Suite 9A32 Fort Worth, TX 76102 Dear Mr. Hare: RE: Application for Section 9(A) Funds in Support of Annual UPWP Based on the information contained in the Lubbock Metropolitan Area 1986 Unified Planning Work Program, we are requesting an Urban Mass Transportation Administration Technical Studies Grant of $45,000 to aid in transportation planning. Local funds in the amount of S9,000 will be provided by the City of Lubbock in the form of cash and/or in -kind services from budget City Transit Department Resources. Our legal counsel has reviewed the agency's statutory authority, and we hereby certify that there is no pending legislation or litigation which might affect the prosecution of the Technical Study Project applied for herein. The following information in support of this application is attached for review: Exhibit M-3, Part I (application) and Part III (budget) of OMB Circular No. A102; Standard Form 424 (application); Project Budget information; Resolution authorizing filing of this application; Title VI Documentation Intergovernmental Review If you have any questions regarding these matters, please contact John Wilson, Citibus General Manager, at (806)°762-6411, extension 2380. Sincerely, �yJ B.C. McMinn Mayor BPM mj XC Jack Moore, S.D.H.P.T. Resolution #2309 and #2310 OMB Apprwal Ma t!-ootls s A"Ll- L tTAM . "W"A FEDERAL ASSISTANCE t:J1Nr>f APPMAP TY" MR � L AC N ®Ar!'!.)W??011 CATION L row..atA far F1Q (Ahrf OP. ❑ !fMFKATIOM OF IRIENI (W as" i"t'ae p F04M of FDEM ACT)oit ► 6. arpalatiee Us* : Transit Department a L SawP.O. oft : P . 0. Box 2000 PRO. d. ar : Lubbock . a■* : Lubbock (RAY t. S" : Texas w owe: 79457 ratemd A Claud Parssa (Name John L. Wilson c•+LIa) 7. TITLE AND DESCRIPTION OF APPUCAJ rs PROJECT L TYPE OF A Capital Assistance for purchase of 2 support vehicles, pressure washer,. spare engine and trans- �, mission, bus route signs, and various tools and 1_-01, r equipment. 0f a+a , rar}var L DATZ Tsar aseatA - ASSICRLD it a. WJWER 12101.15101 71 I= Section 9(A) Capital Assistance and Technical Studies 1144 ar..veiQ /dIa 4aaiq i• NI(�Mr Clwt laai 1" itutlra 1- fwdise Triba A%..e.e arr*or-;.r. ka.+ Technical Studies Assistance for the period October 1, 1896 , to September 31, 1987. & TYPE OF ASS13TANCI "Uk Cast 04wM "ca B-SavVlre�s"Isl cow E-Otsa serr..,,... �� Cdau ,•;a:, Istt.+(1) 1IL AREA OF PROJECT IMPACT (N*-w o; oWmk ovmtin. 8:64e1. Its.) Lubbock Urbanized Area 1L EMMATED NUM- DER OF PERSONS M FETING 1 1L rYPE OF APPLICATION A-Rw C-Lwww E-4UV"rfttw 9-ba w 0 C " web" s.et.r aeyriats Lcte. M PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS Of. 1L TYPE OF CHANGE (Irer ise o. Ise) !swu Ulan F-0thr (>>'°vr): -0sasl Ddtars me MD.�`r'w.D HrI* E�i!"atLti"s 1Z+tar a,�yr� t>�• Id:as(a) a. FEDEM s 112 204 .04 L APPLICANT 19 1. MWECT 19 b.APPLICANT 28, 051. .00 a• STATE Ao IL PROJECT START DATE Tder mesa dW 1t 86 10 Ol 17. PROJECT DURATHM 12 r..w 4. LOM .o0 L Drat t, IVTIII 00 1& ESTIMATED DATE TO Zar 00%4 Saar BE FEDERAL SUBMITTED It IL CU3TINO FEDERAL IDENTIFICATION NUMBER S 140,255 0_ XL FEDERAL AGENCY TO RECEIVE REQUEST (Name, City. Seal, VP "&) iL REMARKS ADDED DOT IJP.TrA Region VI Fort Worth Texas 76102 0 Y•• 13 No 2L a. To W het of e7' bamisip sat b641, deb W This prnvpfieatWa1&p •Jlatfea r• L ft e�s�viral k DW C!nWu A-" tits &Wiatla cat mbmK Q, pwww Iw Ie• Ndre. Sa+9e�w sMuctlasa !heals. r appWisla deafth" st Gad all repass an smwbad: sperm stsaehwi THE tree a"d carnet• no desuatnt ha bow APPLICANT CERTIFIES THAT ► day tel 4W by W p mmkw be* d be awiaat WA IM a/v IMM Iwo am* � As at � a wmftn it th ddat~ a) ❑ ❑ � ❑ ❑ 2i a. TYK0 RARE ARD T17LL ► SlWrAE a DATE ZiQK0 CEIl7LiT1flN SEN rA;: B . C . McMinn, Mayorc � Year +.ewtA iav 1t 86 5 8 2A. AGENCY NAME �� PL.ICA• row %o..a Aw 1lEarv= it 2L ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFF= 25. FEDERAL APPLICATION_ IDENTIFICATION 2t. ADDRESS, 3L LDARL GRA NT 72. ACTION TAKEN A 13 a NAA= 2L FUNDING Zar re"" 4 SL ACTION OATS ► 1t St. Zw owe& day NG DATE 1t a PLDERAt AD APKtGMR ap 7l CONTACT FOR ADDITIONAL IKPORMA. TWII Ww &a atieph~ >•mbw) ]L rowsw%tA dew ENDING DATE 19 Q ► Kum► C3 % Iffullm P= L M= L LOCK Jp V. RDAARKB ADDED ANVONM a from Q t w== L WM Is 13 vIft Ib ADERAL AnSa1Or A-N Ac CwA1.1'I a r tabtaB alrla a+"A w aaraa4 nadaafl t dnaAai"A that N r""v""ea M dae arm. MaWan of 4 ws R to lass r la aesdr, \n1) AS '1C) (;ONtjWr: APPROVED 1AS wPMN2&Uf1ICT A•BB sn cm ateS ItttSLr� ) rM M- W ��7/• � I, L1titi.151 �L111 . C1. l.V A l._l.L1V. _ PART Ili—13UDGET INFORMATION ' • Pago 1 oMe tva •ano•te� ' • , SECTION A'— BUDGET SUMMARY. Grant rroo►am, Function or Activity lal Federal Catalog No. lb) Estimated Unobtigated Funds New or Revised Budpat federal Id Non•Foderal Idl federal (.► Non -Federal Ill Tout let Tec nica I• Studies 20.505 $ $ S 36,000 $9,000 $45. 000 2. 3. 4. - S. TOTALS $ S $36, 000 $ 9,000 $45, 000 • SECTION B —.BUDGET CATEGORIES 6.Object Class Categories Grant Program. Function or Activity' To Ei tit t=t lac tit "'— a. Personnel S 30,000 S S S S 30,000 b. Fringe Benefits • 4,500 4, 500 c. Travel _0- —0— . d. Equipment —0— —0— r. e. Supplies —0- —0— f. Contractual 10 500 10,500 . g. Construction-0— h.Other —0— —0- ' i. Total Direct Charges 45,000 45, 000 j. Indirect Charges —0— —0— k. TOTALS' IS 45,000 S Is S $45,000 7. Program Income S —0— S S S S —0- . r,... sss ^ vvvvC 1 IIYf•VKMhI IVIC Page 2 OSttl No. bQ•ROtdG SECTION C — NON-FEDERAL RESOURCES Is) GRANT PROGRAM Ps) APPLICANT tc) STATE Id) OMER SOURCES lel TOTALS p T —ec al Stu ies S 9 000 S S S9,000 10. 11. -- —� 12. TOTALS S 9,000 (, S IS9,000 SECTION D — FORECASTED CASH NEEDS Total for 1s1 Year Ise Ousrter tad Quarto ]rd Quarty 411% Ous"or 13. Federal $36, 000 S 9,000 S 91000 is 91000 S 9 000 14. Nor. -Federal -" 9 000 2,250 2,250 2,250 2.250 15, TOTAL S45 000 S11.250 �S _ 11 250 S 11,250 S SECTION E — BUDGET ESTIMATES OF FEDERAL FUNDS NEEUCO FOR BALANCE OF THE PROJECT -- �— -- I UTURC ! UNOING PCIIIOOS (YEARS) lal GRANT PROGRAM (hl FtimI lIII) THIRD tel FOURTH --^»t6l16I.1.0YU 1 G. S S S $ 20. TOTALS Is !S is is SECTION F ..• OTHER BUDGCT INFORNIATIOW (Atlaeh addtt-on.d Sheets it Neces•.vyl 21. D;-cct Charges: 22. ladircct Charges: 23. Remarks: NOTICE OF PUSLTC HEARING RE: City of Lubbock Section 9 (A) Capital and Technical Assistance Grant Applications and Section 5 Operating Assistance Grant Application. Notice is hereby given that an opportunity for a public hearing will be afforded in the Citibus Conference Room, 801 Texas Avenue, at 12:30 p.m., Tuesdav, April 22, 1986, for the purpose of considering projects for which financial assistance is being sought from the Urban Mass Transportation Act of 1964, as amended, generally described as follows: CAPITAL GRANT Program of Projects: The project will consist of the purchase of two support vehicles; pressure washer; spare engine and transmission; bus route signs; and various shop tools/equipment. Total cost is estimated at $95,255. Of this amount, the City of Lubbock will provide S19,051 and S76,204 will come from UMTA Section 9 (A) funds. The project is proposed to begin October 1, 1986. TECHNICAL STUDIES GRANT Program of Projects: The project will consist of four elements: alternative financial and operational scenarios; monitoring the system and service development; maintenance of eligibility; and private sector participation. Total cost is estimated at S45,000. Of this amount, the City of Lubbock will provide S9,000 and $36,000 will come from UMTA Section 9 (A) funds. The project is proposed to begin October 1, 1986. OPERATING ASSISTANCE GRANT Program of Projects: This program will consist of the transportation services in the Lubbock urbanized area provided by City Transit Management Company, Inc., from October 1, 1986, to September 30, 1987. Total cost is 51,672,440, of which $836,220 will come from UMTA Section 5 funds, and S542,845 from the City of Lubbock and S293,375 from non-farebox revenues. No persons, families, or businesses will be displaced by these projects. There will be no significant environmental impact upon the urban area. The proposed projects are in conformance with comprehensive land use and transportation plans for the area. The City of Lubbock will provide a demand -responsive system, which will service the needs of the elderly and handicapped, and half fare on all regular transit routes. City Transit Management, Inc. provides the incidental charter service in the Lubbock urbanized area. Interested persons or agencies may submit orally or in writing evidence and recommendations with respect to said projects on or before April 22, 1986. Preliminary program of projects is also available to the public at the Citibus offices and final program of projects will also be available at the Citibus offices, 801 Texas avenue. General 'Manager Citibus P. 0. Box 2000 Lubbock, Texas 79457 r�A Of'�Oi '�• 3b;e< ip in3 So,gals a C AQ UA m3 A^g't7�- 0� m bJ s091ff 8USA` �._ 1pap� 8 �i0�'•��:�i� N�{R .t, 'h n �tRj�* 3sR . g d , o y d q�:z31 • O �'7 ofO m b A.,,, 7�^c� b -' _ So � 3� � ` 8•c «a 3 9.sio $ ^ x : b - �j g� m •� `r 3$ -�.. m 923�,,,q « b R'.3';a o >3,,,, � b q ..� �' p_ o p. w �d—co. nRm i E. i ;�'d' g«�43' A a b$i5r eoSt.;w i£� 7ap o..a°s � '3$m ;i "4. c 8Q «.-1 b m$ s8v 333'h 3w 30sm.iRAg m ?m%� m o; o.'' D8:.c3 a4i� 3$o°i; :c°584=�= 'Al fg ?5�8 g�.�go C n a $ 3 b ' �+' a R 3,}}�$'m .Z g • `.p` <"« b �� .� m- °• v„�y. V4 im v �'b"v'S`< ^.$.�DG°'No'A "oD. ..~ 1• < y m�' gag g�i W3 <yg�z t4235 1 1�«S'�4PE ."Y�iT`!st " " C«a;.f° Y87D1 THE, STATE OF TEXAS COUNTY OF LUBBOCK Before me Dorothy Russell a Notary Public in and for Lubbock County. Texas on this day personally appeared 1wi la Auf i I I r Account Manager of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning. Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this Legal Notice No. 749038 at Lubbock County, Texas and the attached print- ed copy of the Legal Notice is a true copy of the original and was printed in the Lubbock Avalanche -.Journal on the following dates: April Bo 1986 414 words (a 38t per word = $157.32 Account Manager LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 9 day of April , 19 86 DOROTHY R�S;rLL Notary Public In Fuld fcr The State Of Texas' FORM 58-10 My Commission Expirea Nov. 9, 1988 otice - Public-H6'arwing RE: City of Lubbock Section 9 and $36,000 'will come from (A) Capital and Technical UMTA Section 9 (A) funds. The Assistance Grant Applications project is proposed to begin and Section 5 Operating October 1,1986 Assistance Grant Application. OPERATING ASSISTANCE Notice is hereby given that an opportunity for a public hearing will be afforded in the Citibus Conference Room, 801 Texas Avenue, at 1230 p.m., Tuesday, April 22,1986, for the purpose of considering projects for which financial assistance is being sought from the Urban Mass Transportation Act of 1%4, as amended, generally described as follows: CAPITAL GRANT Program of Projects: The project will consist of the purchase of two support vehicles; pressure washer; spare engine and transmission; bus route signs; and various shop tools/equipment. Total cost is estimated at $95,255.Of this amount, the City of Lubbock will provide $19.051 and $76204 will come from UMTA Section 9 (A) funds. The project is proposed to begin October 1, 1986. TECHNICAL STUDIES GRANT Program of Projects. The project will consist of four elements: alternative financial and operational scenarios; monitoring the system and service development; maintenance of eligibility, and private sector participation. Total cost is estimated at $45,000.Of this amount, the City of Lubbock will provide $9,000 GRANT Program of Projects: This program will consist of the transportation services in the Lubbock urbanized area provided by City Transit Management Company, Inc., from October 1, 1986, to September 30, 1987. Total cost is $1,672,440, of which $836220 will come from UMTA Section 5 funds, and $54Z845 from the City of Lubbock and $293,375 from non-farebox revenues. No person, families, or businesses will be displayed by these projects. There will be no significant environmental impact aeon the urban area. The proposed projects are in conformance with comprehensive land use and transportation plans for the area The City of Lubbock will provide a demand -responsive system, which will service the needs of the elderly and handicapped, and half fare on all regular transit routes. City Transit Management, Inc. provides the incidental charter service in the Lubbock urbanized area Interested persons or agencies may submit orally or in writing evidence and recommendations with respect to said projects on or before April 22,1986. Preliminary program of projects is also available to the public at the Citbus offices and final program of projects will also be available At, the Citibus offices, 801 Texas Avenue. Notice submitted by General Manager, Citibus, P. 0. Box 2000, Lubbock, Texas 79457. Page 8, Southwest Digest, Thursday, April 17, 1 ( Notice of Public Hearing ( Re: City of Lubbock Section 9 (A) ' Capital and Technical Assistance Grant I (Applications and Section 5 Operating Assistance Grant Application, ( Notice is hereby given that an ' (opportunity for a public hearing will be 1 afforded in the Citibus Conference ' IRoom, 801 Texas Avenue, at 12:30 p.m., ( Tuesday, April 22, 1986, for the purpose of Considering projects for which ' financial assistance is beingsoughtfrom ( the Urban Mass Transportation Act of 1964. as amended, generally described ( as follows: I Capitai Grant Program of Projects: The ' ( project will consist of the purchase of Itwo support vehicles; pressure washer; spare engine and transmission; bus ' (route signs; and various shop ' tools/equipment. ( Total cost is estimated at $95,255, Of this. (amount, the City of Lubbock will provide ' $19,061 and $76,204 will come from ( UMTA SEction 9 (A) funds. The project is I proposed to begin October 1, 1986. (Technical Studies Grant Program of ' Projects: The project will consist of four ( elements: alternative financial and (operational scenarios; monitoring the system and service development; ( maintenance of eligibility; and private sector participation. I ( Total cost is estimated at $45,000. C this ( amoung,theCityofLubbock will provide ($9,000 and $36.000 will come from UMTA Section 9 (A) funds. The project is ( proposed to begin October 1, 1986. I Operating Assistance Grant Program of Projects. This program will consist of the transportation services in the Lubbock (urbanized area provided by City Transit Management Company, Inc., from ' ( October 1, 1986. to September 30, 1987. (Total cost is $1,672.440, of which I, $836,220 will come from UMTA Section 5 ( funds, and $542,845 from the City of ( Lubbock and $293,375 from non-farebox I revenues. ( No persons, families, or businesses will ' be displaced by these projects. There (will be no significant environmental impact upon the urban area. The ' proposed projects are in conformance ' with comprehensive land use and transportation plans for the area. ( The City of Lubbock will provide a ' demand -responsive system, which will service the needs of the elderly and 'handicapped, and half fare on all regular (transit routes. City Transit Management, I Inc. provides the incidental charter ( service in the Lubbock urbanized area. ' Interested persons or agencies may 'submit orally or in writing evidence and recommendations with respect to said ( projects on or before April 22. 1986. IPreliminary program of projects is also ' available to the public at the Citibus ( offices and final program of projects will also be available at the Citibus offices, 801 Texas Avenue. ' General Manager I ICitibus I P.O. Box 2000 ' Lubbock, Texas 79457 ' EL EDITOR, PROGRAM BUDGET Urban Area: Lubbock, Texas Designated Recipient: City of Lubbock, Texas Grantee: City of Lubbock, Texas Project Amount TECHNICAL STUDIES GRANT $45,000 BUDGET Revenue Financing FY 83 Section 9(A) Program Cost $45,000 Federal Share $36,000 Local Share $ 9,000 BUDGET INFORMATION Grantee: City of Lubbock Project No: PROJECT BUDGET Line Item Personnel Fringe Benefits Contractual TOTAL SUMMARY TASK BUDGET TECHNICAL ACTIVITY Alternative Financial and Operational Scenarios maintain a Five -Year Financial Plan and an Operational Contingency Plan. The Financial Plan defines the amount of resources required to continue the current level of service in the future. The Contingency Plan provides an implementation plan in the event of reduction in or loss of Federal operating .assistance. Identification of new funding sources and proposed fare structures and service level changes would include appropriate private sector participation. Total S.30,00O 4,500 10,500 $45,000 $ 6,750 Monitor System and Service Development: $12,000 Conduct an ongoing program of monitoring and evaluating the efficiency of the System's route and schedule, mainten- ance, and management's performance. Periodic comprehensive analyses and special, one-time projects/studies will comple- ment the ongoing program. Maintenance of Eligibility: Prepare and/or coordinate activities in the areas of: Title VI Certification; Disadvantage Business Enterprise participation; FY 1988's UWP and TIP. Private Sector Participation: Prepare a comprehensive report detailing the possible benefits of increased private sector participation in System operations. The report will examine all aspects of the System, and emphasis will be placed on locating potential cost savings and better efficiency/effectiveness, and on improving service. It will include a specific examination of the planning, programming, and implementation processes and suggest and/or implement changes which would facilitate an ongoing involvement of the private sector. The $ 2,250 $24,000 PROGRAM BUDGET Urban Area: Lubbock, Texas Designated Recipient: City of Lubbock, Texas Grantee: Citv of Lubbock, Texas Project Amount TECHNICAL STUDIES GRAN 545,000 BUDGET Revenue Financing FY 83 Section 9(A) Program Cost $45,000 Federal Share S36,000 Local Share S 9,000 Grantee: City of Lubbock Project No: Line Item Personnel Fringe Benefits Contractual TOTAL TECHNICAL ACTIVITY BUDGET INFORMATION PROJECT BUDGET SUMMARY TASK BUDGET Alternative Financial and Operational Scenarios maintain a Five -Year Financial Plan and an Operational Contingency Plan. The Financial Plan defines the amount of resources required to continue the current level of service in the future. The Contingency Plan provides an implementation plan in the event of reduction in or loss of Federal operating assistance. Identification of new funding sources and proposed fare structures and service level changes would include appropriate private sector participation. Monitor System and Service Development: Conduct an ongoing program of monitoring and evaluating the efficiency of the System's route and schedule, mainten- ance, and management's performance. Periodic comprehensive analyses and special, one-time projects/studies will comple- ment the ongoing program. Maintenance of Eligibility: Prepare and/or coordinate activities in the areas of: Title VI Certification; Disadvantage Business Enterprise participation; FY 1988's UWP and TIP. Private Sector Participation: Prepare a comprehensive report detailing the possible benefits of increased private sector- participation in System operations. The report will examine all aspects of the System, and emphasis will be placed on locating potential cost savings and better efficiency/effectiveness, and on improving service. It will include a specific examination of the planning, programming, and implementation processes and suggest and/or implement changes which would facilitate an ongoing involvement of the private sector. The Total S30,000 4,500 10,500 $45,000 S 6,750 S12,000 S 2,250 924,000 services currently provided to the System by the private sector: (building maintenance, data processing, computer services, for example) will be re-examined in order to ascertain the viability of such an arrangement. In addition, the current System policies regarding private sector participation will be evaluated and expanded, if necessary. Federal Grant (80%) Local Contribution (20%) Total (100%) PROJECT FINANCING $36,000 9,()0 $45,000 CASH DISBURSEMENT SCHEDULE FY QUARTER AMOUNT 1 $11,250 2 11,250 3 11,250 4 11,250 S45,000 TRANSIT STUDY IMPROVEMEKT PLAN OBJECTIVES The objectives of this task are: to examine the Transit System operated by the subsidized private operator, City Transit Management, Inc.; to prepare recommendations for action which could improve service and/or reduce deficits; and to update and review previous work with an ongoing process as may be required by UMTA for Capital Grant and Operating Assistance programs. PREVIOUS WORK The FY 1985 Technical Study included a comprehensive review of the Special Efforts program for elderly and handicapped transportation. The results.were used to help determine service modifications, fare changes, and capital needs. The ongoing monitoring program and the periodic comprehensive analyses resulted in increasing System efficiency. CURRENT WORK The FY 1986 Technical Study task has been divided into five elements: 1. Alternative Financial and Operational Scenarios A. Maintain short range financial and operational plans for transit to survive reduced Federal funding. The Five Year Financial Plan defines the amount of resources required to continue the current level of service in the future, while the Contingency Plan provides an implementation plan in the event of reduction in or loss of Federal operating assistance. Identification of new funding sources and proposed fare structures and service level changes would include appropriate private sector participation. B. Funding UMTA $4,800 CITY $1,200 TOTAL $6,000 or 20% of the total project budget 2. Monitor System and Service Development A. Conduct an ongoing program of monitoring and evaluating the efficiency of the System route and schedule, special efforts programs, maintenance, and management's performance. Periodic comprehensive analyses and special, one-time projects/studies will complement the ongoing program. B. Funding LMTA S 9,600 CITY $ 2,400 TOTAL S12,000 or 407 of the total project budget 3. Marketing Evaluation A. Evaluate the System's marketing program by conducting a comprehensive review, and obtain assistance and input from the private sector in developing appropriate marketing program improvements. B. Funding LMTA S3,600 CITY $ 900 TOTAL $4,500 or 15% of the total project budget 4. Capital Investment Planning A. Investigate and study major permanent transit facility needs and develop/maintain maintenance plans for current and future capital projects. B. Funding LMTA S2,800 CITY S 700 TOTAL $3,500 or 12' of the total project budget 5. Energy Conservation Planning A. Revise the current energy resource management plan to seek additional reductions in the System's energy usage. B. Funding UMTA $2,000 CITY $ 500 TOTAL $2,500 or 8;' of the total project budget 6. Maintenance of Eligibility A. Prepare and/or coordinate activities in the areas of: Title VI Certification; Disadvantaged Business Enterprise participation; FY 1987's UWP and TIP, etc. B. Funding LMTA $1,200 CITY $ 300 TOTAL S1,500 or 5% of the total project budget PROPOSED WORK 1. Alternative Financial and Operational Scenarios A. Maintain a Five Year Financial Plan and an Operational Contingenc% Plan. The Financial Plan defines the amount of resources required to continue the current level of service in the future.. The Contingency Plan provides an implementation plan in the event of reduction in or loss of Federal operating assistance. Identification of new funding sources and proposed fare structures and service level changes would include appropriate private sector participation. B. Funding UMTA $5,400 CITY $1,350 TOTAL S6,750 or 15% of the total project budget 2. Monitor System and Service Development A. Conduct an ongoing program of monitoring and evaluating the efficiency of the System's route and schedule, maintenance, and management's performance. Periodic comprehensive analyses and special, one-time projects/studies will complement the ongoing program. B.. Funding UMTA S 9,600 CITY S 2,400 TOTAL S12,000 or 27% of the total project budget 3. Maintenance of Eligibility A. Prepare and/or coordinate activities in the areas of: Title VI Certification; Disadvantage Business Enterprise participation; FY 1488's UWP and TIP. B. Funding UMTA S1,800 CITY S 450 TOTAL S2,250 or 5% of the total project budget 4. Private Sector Participation A. Prepare a comprehensive report detailing the possible benefits of increased private sector participation in System operations. The report will examine all aspects of the System, and emphasis will be placed on locating potential cost savings and better efficiency/effectiveness, and on improving service. It will include a specific examination of the planning, programming, and implementation processes and suggest and/or implement changes which would facilitate an ongoing involvement of the private sector. The services currently provided to the System by the private sector (building maintenance, data processing, computer services, for example) will be re-examined in order to ascertain the viability of such an arrangement. In addition, the current System policies regarding private sector participation will be evaluated and expanded, if necessary. B. Funding UMTA S14,200 CITY $ 4,800 TOTAL S24,000 or 53% of the total project budget RESPONSIBILITY The primary responsibility for completion of the proposed work rests with City Transit Management Company, Inc., d/b/a Citibus. Performance of the tasks is anticipated to be accomplished by Citibus staff with the support and involvement of the staff of the management firm, McDonald Transit Associates, Inc. COORDINATION This task will be accomplished as part of the City of Lubbock's responsibility in evaluating transportation facilities for the Lubbock Urban Transportation Plan,. All efforts will be coordinated with the private operator, the State Department of Highways and Public Transportation, and other interested i4-.1 private and public agencies. There will be no duplication of effort since Transit System review is a sole responsibility of the City. PRODUCT Documentation in report form. FUNDING Urban Mass Transportation Administration (Section 9A) $36,000 City of Lubbock S 9,000 TOTAL PROJECT $45,000 PRIVATE ENTERPRISE PARTICIPATION INTRODUCTION -Since 1971, Citibus has been managed by private management firms. The first firm, American Transit Corporation (ATC) of St. Louis, managed Citibus from January, 1971 through September, 1979. That year the City Council advertised a request for proposal and had three (3) responses. The City Council selected ATE Management and Service Company, Inc., of Cincinnati to manage the system. In 1982, the City Council advertised again, received seven proposals, and chose to extend ATE's contract for one (1) year. When the City advertised the following year, seven proposals were submitted and McDonald Transit Associates, Inc., of Fort Worth was selected. One of the policies of Citibus is to contract as much of its work as is economically feasible to private companies. Examples of this include: - Parts - telephone bids from various suppliers are taken. - Fuel - bought on the spot market to take the best advantage of price fluctuations. - Body Work - telephone bids from local body shops are taken. - Painting - telephone bids from local painting companies are taken. - Capital Items - sealed bids are taken and the contract is awarded to the lowest responsive bidder. Citibus policy is to make many support services available for competitive bidding. Following is a comprehensive list of services provided by private sector companies to Citibus. FY 84-85 FY 85-86 (YTD) AUDITING Bolinger, Segars, Gilbert & Moss S 3,600 S 3,700 DATA PROCESSING RepublicBank Lubbock 813 300 ADVERTISING AND MARKETING Phil Price Advertising 35,400 11,495 BUILDING MAINTENANCE & REPAIR American Shamrock Building Maintenance 990 3,088 Anthony Mechanical 240 489 Berryhill Sewer- 475 250 Clark Safe and Lock 150 50 Commercial Electric Service and Repair 479 59 Hernandez Plumbing 774 181 FY 84-85 FY 85-86 ( YTD ) BUILDI'.NG MAINTENANCE & REPAIR (CON'T) Karpet beeper 400 600 Overhead Door Company 305 287 Valentine Building Services 6,3.59 -0- Villerreal Ltd. 1,980 -0- COMPUTER SERVICES Custom Computing 345 390 PRINTING SERVICES Thatcher Printing 6,370 444 Tommy Sommers Printing 358 8,310 BUS AND AUTO REPAIR ARA Matador 349 640 B & M Trim and Glass 126 500 Clear Vu and Dr. Glass 822 -0- Industrial Automatic Transmission 8,759 2,933 Gene Messer Ford 240 363 Brite Side Body Shop -0- 278 Null Welding and Machinery 136 108 Plains Pump Service 423 216 Precision Brake and Clutch 267 183 Stewart and Stevenson 11,383 18,807 Tiner Machine and Auto Supply -0- 166 West Texas Auto Glass 212 -0- Western Body Works -0- 766 Whites' Pump Service and Supply 131 -0- REPAIR SHOP EQtiIPMENT American Equipment and Supply 944 58 MacAustin 132 32 INSURANCE American Security Life 5,254 1,703 Employers Casualty Company -0- 27,362 Employers Insurance of Texas 48,801 42,921 Lelan Pack Insurance Agency 26,671 -0- William Rigg 21,510 5,955 Wisby and Associates 19,728 -0- PRIVATE SECTOR PROPOSALS Citibus has been involved in a variety of proposals to provide subscription service for the private sector. Although not all the proposals have been accepted, Citibus is interested in expanding its subscription service. Some examples of subscription service are as follow: - In September, 1983,' the Lubbock Independent School District (L.I.S.D.) inquired into the possibility of contracting with Citibus to operate their school bus routes. Citibus responded with a proposal and an estimate. Ultimately, however, LISD chose not to accept Citibus' proposal. In September, 1985, the Texas Blue Law was repealed. The manager of one of the stores at South Plains Mall was interested in instituting a Sunday subscription service to the Mall. The South Plains Mall Merchants Association was reluctant to underwrite such a service and rejected the idea. - For the past three years, Citibus and United Supermarkets have operated a twice -weekly United Shopper for senior citizens. The bus, on a fixed route, picks up residents from several retirement homes and delivers them to the grocery store. In September, 1985, a second United Shopper route was added; the second route operates on a three -times -a -week schedule. - Another subscription service operated by Citibus is with WestMark Realty. Every week WestMarks' Realtors are taken by Citibus on a tour of the week's new listings. PRIVATE SECTOR POLICY Citibus' DRS drivers are subjected to a rigorous training program. They are required to take (12) hours of defensive driving; 8 hours of Passenger Assistance Techniques (a course developed by Transportation Enterprises of Fort Worth which emphasizes special techniques for use when working with handicapped passengers); CPR and First Aid; and three days of behind -the -wheel training. In the event that DRS was operated by a private sector provider, Citibus would retain control over the driver training program as well as over the administration of it. Therefore, any evaluation of the economic feasibility of using private providers would need to include the costs Citibus would still have to bear. When making an economic evaluation of a private provider of fixed route service, similar economic contraints must be taken.into consideration. That is, Citibus would still incur certain costs such as operator training and administration and any benefits gained from private providers would be evaluated on that basis. The following policies were submitted to and approved by the Transit Advisory Board at their March 25, 1986, meeting: POLICY 1: When a change in the DRS is being considered, Citibus will accept proposals from prospective private providers of the service. In making a decision regarding the private operation of the DRS, the costs that Citibus would still incur through program administration would be weighed against any economic benefits gained by using a private provider; a net gain would be necessary before Citibus could allow the route to be operated privately. POLICY 2: When an addition to the Citibus fixed route service is being considered, Citibus will advertise for prospective private providers of the service to submit operating proposals. In making a decision regarding private operation of routes, the costs that Citibus would still incur through route administration would be weighed against any economic benefits gained by using a private provider; a net gain would be necessary before Citibus could allow the route to be operated privately. POLICY 3: When seeking funding sources, Citibus will explore all possibilities - both public and private - in order to maintain consistent, high quality service which is responsive to the needs of the citizens of Lubbock. CONCLUSION Citibus has worked with private sector providers in Lubbock for a wide range of goods and services. This has worked to the economic benefit of Citibus as well as to local businesses. As long as such an arrangement continues to be economical, Citibus will maintain their current position regarding private sector participation. The Citibus staff will continue to study the feasibility of increasing public/private partnerships and a more detailed study on them will be included as a part of next year's technical study. In addition, a Citibus staff member will be attending an UMTA regional workshop entitled "The UMTA Private Enterprise Policy and the Local Planning Process" which will discuss ways to develop a public/private consultative process as well as developing a process for competitive contracting of services. iootl�4 CITY OF LUBBOCK P.O. sox 2000 \ Lubbock, Tx. 79457 (806) 762.6411 This memorandum will serve as the requisite opinion of counsel to be filed with the Urban Mass Transportation Administration, United States Department of Transportation, in connection with the application of the City of Lubbock for financial assistance pursuant to the provisions of Section 9(A) of the Urban Mass Transportation Act of 1964, as amended, for planning, capital and/or operating assistance projects. I understand that the City of Lubbock has been duly designated as a recipient in accordance with the provisions of Section 9(A) of the Urban Mass Transportation Administration has concurred in that designation. The legal authority of the City of Lubbock to carry out planning, capital and/or operating assistance projects directly, by lease, contract, or otherwise is set forth below: 1. The City of Lubbock is authorized by Article III, Section 5, Constitution of the State of Texas, and Article 1165 V.T.C.S. and the Lubbock City Charter to provide and assist public transportation by acquisition, construction, and operation of existing or additional transit facilities. This assistance may be provided directly by the City of Lubbock or by lease or similar contract arrangements with other parties. 2. The authority of the City of Lubbock to provide for its share of project funds for the program of projects is set forth in the filing of application. 3. I have reviewed the pertinent Federal, State, and local laws and I am of the opinion that there is no legal impediment to the application for Section 9(A) financial assistance. Furthermore, as a result of my examination, I find that there is no pending or threatened litigation or ther action which might in any way adversely affect the proposed projects in the program, or the ability of the City of Lubbock to carry out the proposed projects in the program. Sincerely, J orth Fullingim A istant City Attorney Resolution #2310 SECTION 9 CERTIFICATION Certification is given by the City of Lubbock with respect to Section 9A of the Urban Mass Transportation Act of 1964, as amended (49 USC Section 1601, et seq) (herein called the "Act"), filed with the Urban Mass Transportation ADministration (UMTA), as to the following: A. That it has or will have the legal, financial and technical capacity to carry out the proposed program of projects; B. That it has or will have satisfactory continuing control through operation or lease or otherwise, over the use of the facilities and equipment; C. That it will comply with the provisions as prescribed by Section 5(m) of the Act. D. That it will give the rate required by Section 5(m) of this Act to any person presenting a medicare card duly issued to that person pursuant to Title II or Title XVIII of the Social Security Act; E. In carrying out any procurement under Section 9, that it will use competitive procurement processes as defined by UDTTA, will not utilize exclusionary or discriminatory specifications in the procurement, and will carry out the procurement in compliance with applicable Buy America provisions. F. That it has complied with the following requirements of Section 9(f) in that it has: a. Made available, to the public, information concerning the amount of funds available under Section 9 and the program of projects that the recipient proposes to undertake with such funds; b. Developed a proposed program of projects concerning activities to be funded in consultation with interested parties, including private transportation providers; C. Published a proposed program of projects in such a manner to afford affected citizens, private transportation providers and, as appropriate, local elected officials an opportunity to examine its content and to submit comments on the proposed program of projects and on the performance of the recipient; d. Afforded an opportunity for a public hearing to obtain the views of citizens on the proposed program of projects; e. Considered comments and views, particularly those of private transportation providers, and if deemed appropriate, modified the proposed program of projects; f. Dude the final program of projects available to the public; g. That it has available and will provide the required amount of funds in accordance with Section 9(k)(1) of the Act, and will comply with the requirements of Sections 8 and 16 of the Act; h. That it has a locally developed process to solicit and consider public comment prior to raising fares or implementing a major reduction of transit service; i. That the organizations to receive benefits directly from the Section 9A grant are subject to the uniform system of financial and operating data as prescribed in Section 15 of the UMT Act and further defined in UMTA regulations (49 CFR 630, 1984); j. That any proposed project for the acquisition of or investment in rolling stock is in conformance with UMTA rolling stock guidelines. The provisions of 18 USC 1001, 1982 apply to any certifications or submissions (relative to punishment for wrongful information) under this section. op B. C. McMinn u Mayor May 8, 1986 Date APPROVED AS TO CONTENT: John L. Wilson, Citibus General Manager iJ � _A Aj 6 J. ; ' rth Fullingimi— AskiAtant City Attorney Attest: C— . Rane Boyd, City Secretary ASSURANCE OF COMPLIANCE WITH TITLE VI. OF THE CIVIL RIGHTS ACT OF 1964 (For Technical. Studies Projects) , The City of Lubbock (Hereinafter referred to as the "Recipient") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation it will comply with Title VI'of the Cvil Rights Act of.1964, 78•Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act)"and all requirement:s.impo.sed by or pursuant to Title 49, Code'of Federal Regulations, Department of Trans- portation, Subtitle A, Office of the Secretary, Part.21,•'Nondiscrimination in Federally -assisted Programs of the Department of Transpor-tation -. Effectuation of Title VI of the -Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with. the Act, Reguaations, and other pertinent directives, no person in the United States shall on the grounds of race, n color, sex, or national'origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination un.4er•. any program or activity for which the Recipient received Federal financial• assistance from the Department of Transportations including the Urban"Mass'' Transportation Administration (UMTA), and HEREBY GIVES ASSURANCE THAT it will -promptly take any measures necessary to effectuate th•fs: agreement. This assurance is required by subsection 21.7 (a)(1):of the'Regulations. Moe specifically and without limiting the above general assurance, the ' Recipient hereby gives the following specific assurance with respect to the project: 1. That the Recipient agrees that each'"program" and each "facility", as defined in'subsections 21.23 (e) and 21.23 (b) of the Regulations, will f- be (with regard to a "program") conducted or will be (with regard to a "facility") operated in compliance with all requirements imposed'by,.or ; pursuant to, the -Regulations. •: d 2. That the Recipient shall insert the following notification in , all solicitations for bids.for work or material subject to the Regulations and made in connection with'a project under the Urban Mass Transportation Act of 1964, as amended (the UMTA Act), and. in adapted form, in all pro- posals for negotiated agreements: The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat, 252, 42 U.S.C. 2000d to 2000d-4'and Title 49, Code of'Federal Regulations,•Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that will affirmatively insure that in regard to any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bid's in response to this invitation and will not be discrim- inated against on the grounds of race, color, sex, or national origin in consideration for an award. 3. That the Recipient shall insert the clauses of Attachment A of -this assurance in every contract subject to the Act and the Regulations. 4. That where the Recipient receives Federal financial assistance to ! carry out a program of managerial training under section 10(a) of the Urban Mass Transportation Act of 1964, as amended, the assurance shall obligate ' the Recipient to make selection -of the trainee or fellow without regard to race, color, sex, or national .origin. ' S. That where•the'R•ecipient receives Federal financial assistance to carry out a program under the Urban Mass Transportation Act of 1964, as amended, to assurance shall obligate the Recipient.to assign transit oper- ators, and to furnish transit operators, for charter purposes without re- gard to race, color, sex, or national origin. 6. That where the Recipient receives Federal financi.ai assistance to carry out a program under the Urban Mass Transportation Act of 1964, as amended, routing scheduling, quality of service, frequency of'service, age and quality of vehicles assigned to routes, quality of stations ser- ving different routes, and location of routes may not be determined on the basis of race; color, sex, or national origin.-. 7. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project, except where the Federal financial •assistance is to provide, or is in the form of, personal property, or real property of interest therein or structures or improvements theron; in which case, the assurance obligates the Recip- ient or any transferee for thr, longf!r of the following periods: (a) The period during which the property -is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services -or benefits; or (b) the period during which the Recipient.retains ownership or posession of the property. 8. The Recipient shall provide for such methods of administration for the program as are.found by the Secretary of Transportation or the official to whom -he delegates si)ecif•ic authority to give -reasonable guar- antee that it, other. Recipients, subgrantees,* contractors, subcontractors, transferrees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. ' 9. The recipient agrees that -the United States - has a right to seek judicial enforcement with regard -to any inatter.•'arising under the Act,.the Regulations,.and this assurance, THIS ASSURANCE is given in consideration of and for the purpose of obtain. ing any and all Federal grants, loans, contracts, property, discounts, or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation under Federal Urban bass Transportation Programs and is binding on ,it; other Recipients, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants in the Federal Urban Mass Transportation Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Recipient. DATE June 14, 1985 City of Lubbock , Recipient [I'IF Attachment: Appendix A ALAN HENRY, MAYOR 0 ATTACHMENT A r' During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: (1) Com liance with Regulations: The Contractor shall comply with the . Re.g Tatiions relative to nondiscrimination in -Federally assisted • programs of the Department of Transportation (hereinafter, "00T"), Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein.incorpora•ted by reference and made a part of this - contract. (2) Nondiscrimination:* The Contractor, with -regard to the work per- formed by it during' the contract, shall not discriminate -on the grounds of race, color, sex, or'national origin in the selection and retention of subcontractors. including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination'prohibited by Section 21.5 of the: Regulations. (3)' Solicitations for Subcontracts, Including Procurements of Materials 'solici'tatioWi and E ui ment: to all ie ther by competitive Bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or.leases of F equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of, race, color, sex. or national origin. (4) Infomation-Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued t pursuant thereto,and shall permit access to its books, records, accounts, other soO-ces'of irformation, and its facilities as may be determined by theRecipicnt or the'Urban Mass Transportation , Administration (UMTA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information is required or a Contractor is in the exclusive possession of another ;a 'Who fails or refuses to furnish this information, the Contractor shall so certify to the Recipient or the•Urban'Mass Transportation Administration, as appropriate, and shall set forth the efforts it has made to obtain this information. (5) Sanctions for Noncon!pliance: In the event of the Contractor's non- compliance w1th tho nondTFul.mination proYisions of this contract, the.Recipient shall impose such contract santions as it or the Urban Mass Transportation Administration may determine to be appro- priate, including but not limited to: (a) Withholding of payments to the Contractor under the contract' until the Contractor complies; and/or (b) Cancellation, termination, or suspension of the contract.in whole or in part. (6) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs.(l) through (6) in every subcontract, Including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any sub- contract or procurement as the Recipient or the Urban•Mass.Trans- portation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor.may request the Recipient to enter into such litigation to protect the interests of the Recipient and, in attidion, the -Contractor may request the United. States to enter into such litigation to protect the interest ,of the United States. . r x; STANDARD ASSURANCES FOR UMTA GRANTS The Clty of Lubbock hereby assures and certifies that it will comply with the Federal statutes, regulations, executive orders and administrative requirements which relate to the applications made to and grants received from the Urban Mass Transportation Administration. Acknowledgement of the attached list of regulations, statutes, and requirements is given. The provisions of 18 USC 1001 (regarding penalties for wrongful information) apply to any certifications or submissions under this section. B. C. McMinn Mayor May 8, 1986 Date APPROVED AS TO CONTENT: John L. Wilson J. orth Fullingim As' stant City Attorney Attest: Ranet Boyd, City Secretary UMTA C 9100.1A 2-8-85 ATTACHMENT 1. LIST OF STATUTES, REGULATIONS, Ar)MINI EXECUTIVE ORDERS APPLICABLE TO C Attachment 1 Page 1 ATIVE REQUIREMENTS, AND A I N UMTA PROGRAMS [compliance with the following is indicated by a signed Standard Assurance (Exhibit 1)- Part I --The following list is applicable to all transit assistance projects under Sections 3, 3(a)(1)(C), 4(i), 5, and 9 of the Urban Mass Transportation Act of 1964, as amended, and to all transit related projects under Sections 103(e)(4) (Interstate Transfer) and 142 (Federal. Aid Urban Systems) of Title 23 of the United States Code. STATUTES 18 U.S.C. 1001 which provides criminal'sanctions for those who knowingly and willfully provide false information to the Federal Government.. Section 3(f) of the UMT Act, 49 U.S.C. 1602(f) which requires, among other things, the recipient to enter into an agreement with UMTA not to provide charter service that will foreclose private operators. Section 3(g) of the UMT Act, 49 U.S.C. 1602(g) which requires, among other things, the recipient to enter into an ' agreement with Ul4TA not to provide exclusive school bus service. Section 5(k) For 4(a)-1 of the UMT Act, 49 U.S.C. 1604(k) [or 49 U.S.C. 1603(a)3 which requires, among other things, the provision of the recipient°s pro rata share of the cost of the project. Section 8 of the UNIT Act, 49 U.S.C. 1607 which.provides, among other things, for a continuing, cooperative, and comprehensive planning process. Section 8(e) of the UMT Act, 49 U.S.C. 1607(e)' which requires, among other things, the recipient to provide to the maximum extent feasible for private enterprise participation in UMTA funded plans and programs. Section 12(c) of.the UMT Act, 49 U.S.C. 1608(c) definitions applicable to the grant. Attachment 1 Page 2 Section 13 of the UNIT Act, 49 U.S.C. 1609 UMTA C 9100.1A 2-8-85 which requires, among other things, the recipient to comply with applicable labor requirements. Section 16 of the UMT Act, 49 U.S.C. 1612 which provides, among other things, for the planning and design of mass transportation facilities to meet the special needs of the elderly and handicapped. Section 19 of the UMT Act, 49 U.S.C. 1615 which, among other things, prohibits discrimination on the basis of race, color, creed, national origin, sex or age. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000 d which, among other things, prohibits discrimination on the basis of race, color or national origin by recipients of Federal financial assistance. Title VI of the Civii Rights Act of 1964, 42 U.S.C. 2000 e which, among other things, prohibits -discrimination in employment. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 which, among other things, prohibits discrimination on the basis of handicap by recipients of Federal financial assistance. n "Hatch Act", 5 U.S.C. 1501 et seq. which, among other things, imposes certain restrictions on political activities of recipients of Federal financial assistance. "Buy America Requirements", Section 165 of the Surface Transportation Assistance Act of 1982, P.L. 97-424, as amended which, among other things, requires that steel and manufactured products procured under UMTA-funded contracts be of domestic manufacture or origin (with four exceptions). "Davis -Bacon Act", 40 U.S.C. 276a to a-7 which requires, among other things, that all mechanics and laborers working on federally assisted construction projects (in excess of $2,000 contract value) be paid not less often than once a week, at computed wage rates not less than the prevailing wages for similar work in the same geographic area of the project. UMTA C 9100.1A Attachment 2-8-85 Page 3 "Copeland Anti -Kickback" Act, 18 U.S.C. 874 which, among other -things, prohibits payroll deductions from the wages of employees who are covered by the Davis -Flacon Act for any reason except those specifically stated in the Copeland Act. Contract Work Hours and Safety Standards Act, 40 U.S.C. 327-332 which, amongother things, establishes the required basis and conditions for hours of work and for overtime pay of laborers and mechanics, and directs the Department of Labor to formulate construction safety and health standards. i National Environmental Policy Act, 42 U.S.C. 4321 et seq. which, among other things, prohibits Federal assistance to projects that will adversely affect the quality of the environment. Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq. which, among other things, establishes the terms and conditions for compensation to property owners and occupants who are displaced as a result of federally assisted projects. National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq. which, among other things, provides for the protection of national historic sites. Archeological and Historic Preservation Act of 1966, 16 U.S.C. 469a-1, et seq. I which provides protection for historically valuable property. Federal Water Pollution Control Act,,as amended by the Clean Water Act of 1977, 33 U.S.C. 1251, et seq. which, among other things, establishes a review and permit process for construction projects which affect navigable waters. Clean Air Act -of 1955, as amended, 42 U.S.C. 7401, et seq. which, among other things, mandates State Implementation Plans that often encompass transit projects. Energy Policy and Conservation Act, 42 U.S.C. 6321 which, among other things, authorizes development and implementation of state energy conservation plans. t Attachment 1 UMTA C 9100.1A Page 4 2-8-85 National Flood Insurance Act of 1969, 42 U.S.C. 4011, et seq. which, among other things, authorizes a national flood insurance program. Flood Disaster Protection Act of 1973, 42 U.S.C. 4012a, et seq. which, among other things, requires the purchase of flood insurance by recipients of Federal financial asssistance who are located in areas having special flood hazards. Architectural Barriers Act of 1968, as amended, 42 U.S.C. 4151, et seq. which, among other -things, requires that any building or facility or portion thereof assisted with Federal funds be accessible to the handicapped in accordance with the General Services Administration s Accessibility Standards, 41 CFR Subpart 101-19.6. ADMINISTRATIVE REQUIREMENTS _r OMB Circular A-87 which provides cost principles applicable to grants and contracts with State and iocal governments. OMB Circular A-102 which provides uniform requirements for assistance to State and local governments. EXECUTIVE ORDERS :E: 0. 11246, as amended which establishes requirements in construction activities for contracts over $2,.000. E. 0. 11988 which estabiIshes certain specific requirements related to flood protection and control. E. 0. 12312 which rescinded OMB Circular A-95 and established new requirements contained in FR No. 48, 123, June 24, 1983, pp 29264--29267. These requirements deal with the notification of State organizations of proposed transit projects and the opportunities for those organizations to review project proposals. UMTA C 9100.1A 2-8-85 Attachment 1 Page 5 REGULATIONS 49 CFR Part 600 et seq. regulations promulgated by UMTA. 49 CFR Parts 21, 23, 25 and 27 regulations promulgated by the Department of Transportation governing Title VI, Minority Business Enterprise (Disadvantaged Business Fnterprise/Women°s [Business Enterprise), Relocation and Land Acquisition, and Nondiscrimination on the basis of Handicap, respectively. 46 CFR Part 381 regulations promulgated by the Maritime Administration governing cargo preference requirements. 36 CFR Part 800 regulations promulgated by the Advisory Council on Historic Preservation. 31 CFR Part 205 regulations promulgated by the Department of the Treasury governing letter of credit. 40 CFR Part 15 regulations promulgated by the Environmental Protection Agency pertaining to administration of Clean Air and Water Pollution requirements of grantees. -•29CFR Parts 5and 215 regulations promulgated by the Department of Labor pertaining to construction labor and transit employee protections. V Attachment 1 Page 6 UMTA C 9100. 1 A 2-8-85 Part il--The following two statutes apply only to transit assistance projects under Sections 5 and 9 of the Urban Mass Transportation Act of 1964, as amended. Section 15(b) of the UMT Act 49 U.S.C. 1611, as amended by section 304(c) of the Federal Public Transportation Act of 1982 which requires the applicant and beneficiaries of the Sections 5, 9A and 9 programs to adhere to both the financial and operating information reporting system and the uniform system of accounts and records. Title iI and Title XVIiI of the Social Security Act, 42 U.S.C. 401, et seq. and 42 U.S.C. 1395 et seq. as they pertain to the issuance of Medicare cards. Part II.i--The following general category of program statutes apply only to the transit assistance programs cited herein: Section 3 of the Urban Mass Transportation Act of 1964, as amended APPLICABLE TO: Transit assistance projects under Sections 3, 3(a)(1)(C), and 4(i) of the Urban mass Transportation Act of 1964, as amended, and all transit related projects under Sections 103(e)(4) and 142 (Interstate Transfer and Federal Aid Urban Systems, respectively) of Title 23 of the United States Code. Section 5 of the Urban Mass Transportation Act of 1964, as amended APPLICABLE TO: Transit assistance projects under Section 5 of the ,Urban Mass Transportation Act of 1964, as amended. Note particularly program specific requirements such as 5(i)(3), Fares and Services-, and 5(m), Half -Fare Requirement. Section 9 of the Urban Mass Transportation Act of 1964, as amended APPLICABLE TO: Transit Assistance projects under Section 9 of the Urban Mass Transportation Act of 1964, as amended. Note particularly program specific requirements such as 9(e)(3)(H), Fares and Services, 9(e)(3)(D), Half -Fare Requirement, and 9(g), Audit Requirement. UMTA C 9100.1A 2-8-85 ATTACHMENT 2 Attachment 2 Page 1 Part IV --Civil Rights assurances required of all transit assistance applicants grants pursuant to Sections 3, 3(a)(1)(C), 4(1), 5, and 9 of the Urban Mass Transportation Act of 1964, as amended, as well as for applications for transit related projects under the Federal Aid Urban Systems and Interstate Transfer Programs (Section 142 and 103(e)(4), respectively, of Title 23 of the United States Code). ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (DEPARTMENT OF TRANSPORTATION) The (Title of Reciplent) (hereinafter referred to as the "Recipient") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights act of 1964 (hereinafter. referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any progran or activity for which the Recipient receives Federal financial assistance from the Department of Transportation, including the Urban Mass Transportation Administration (UMTA), and HEREBY GIVES ' ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a)(1) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances with respect to the project: 1. That the Recipient agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2.' That the Pecipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with a project under the Urban Mass Transportation Act of 1964, as amended (the UMT Act) and, in adapted form in all proposals for negotiated agreements: W. Attachment 2 UMTA C 9100.1A Page 2 2-8-85 The Recipient, in accordance with Title VI of the Civil Rights Act of 196411 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportaton, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination In Federally -Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders and proposers that'It will affirmatively ensure that in regard to any contract or procurement entered into pursuant to this advertisement, minority business enterprises r-Disadvantaged Business Enterprise/Women°s Business Enterprise (CBE/WBE)] will -be afforded full opportunity to submit bids and proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in for an award. 3. That the Recipient shall insert the clauses of Appendix A of this assurance in every contract subject to the Act and the Regulations. 4. That the Recipient shall insert the clauses of Appendix B of this assurance, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated :in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in.real property, the assurance shall extend to rights to space on, over, or under such property. 7. That where the Recipient receives Federal financial assistance to carry out a program of managerial training under Section 10(a) of the Urban Mass Transportation'Act of 1964, as amended, the assurance shall obligate the recipient to make selection of the trainee or fellow without regard to race, color, sex or national origin. 8. That where the Recipient receives Federal financial assistance to carry out a program under the Urban Mass Transportation Act of 1964, as amended, the assurance shall obligate the recipient to assign transit operators and to furnish transit operators for charter purposes without regard to race, color, sex or national origin. 9. That where the Recipient receives Federal financial assistance to carry out a program under the Urban Mass Transportation Act of 1964, as amended, routing, scheduling, quality of service, frequency of service, age and quality of vehicles assigned to routes, quality of stations serving different routes, and location of routes may not be determined on the basis of race, color, sex or national origin. UMTA C 9100.1A 2-8-85 Attachment 2 Page 3 10. That the Recipient shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real property acquired or improved under (Project Number); and (b) for the construction or use of or access to space on, over or'under real property acquired, or improved under (Project Number). 11. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Recipient or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the recipient retains ownership or possession of the property. 12. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. 13. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and _ aii Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation under Federal Urban Mass Transportation Programs and is binding on It, other recipients, subgrantees,.contractors, subcontractors, transferees, .successors in interest and other participants in the Federal Urban Mass Transportation Program. The person or persons whose signatures appear on the Authorizing Resolution are authorized to sign this assurance on behalf of the - Rec i p rent. Attachments: Appendices A, B, and C Department of Transportation Attachment 2 Page 4 During the performance of and successors in Interest as follows: UMTA C 9100.1A 2-8-85 APPENDIX A this contract, the contractor, for itself, its assignees (hereinafter referred to as the "contractor's) agrees (1)'Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter, referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shaii not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix 6 of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. (4) Information and reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Urban Mass Transportation Administration (UMTA) to be pertinent to ascertain "compliance with such Regulations, orders and instructions. Where any information is required or a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Recipient, or the Urban Mass Transportation Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. dr' UMTA C 9100.1A 2-8-85 Attachment 2 Page 5 (App. A, Pg. 2) (5) .Sanctions for Noncompliance: In the event of the contractors noncompliance with the nondiscrimination provisions of this contract, the Recipient shall Impose such contract sanctions as it or the Urban Mass'Transportation Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the contractor under the contract until the contractor complies, and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, Including procurements of materials and leases of equipment, unless_ exempt by the regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Recipient or the Urban Mass Transporation Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Recipient to enter into such litigation to protect the interests, of the Recipient, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ft Attachment 2 Page 6 APPENDIX B UMTA C 9100.1A 2-8-85 A. The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the Department of Transportation, as authorized by law, and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon, In accordance with the Urban Mass Transportation Act of 1964, as amended, the Regulations for the Administration of Federal Urban !lass Transportation Programs and the policies and procedures prescribed by the Urban Mass Transportation Administration of the Department of Transportation and, also in accordance with and in compliance with all requirements imposed by, with, and in compliance with all requirements imposed by or pursuant to'Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the (Name of Recipient) all the right, title, and interest of the Department of Transportation in and to said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto (Name of Recipient) and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on the (Name of Recipient), its successors and assigns. The (Name of Recipient), in consideration of the conveyance of said lands and Interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over or under such land hereby conveyed (,) (and)* (2) that the (Name of Recipient) shall use thelands and interests in lands so conveyed, in compliance with all requirements imposed or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. UMTA C 9100.1A Attachment 2 r 2-8-85 Page 7 (App. R, P9.2) in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended(,) and (3) that in the event of breach of any of the above -mentioned nondiscrimination conditions, the Department shall have a right to re-enter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.* 1 * Reverter clause and related Language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. 4 Attachment 2 UMTA C 9100.1_A Page 8 2-8-85 APPENDIX C The foilowtng clauses shall be Included in all deeds, licenses, leases, permits, or similar instruments entered into by the Recipient pursuant to the provisions of Assurance 10(a). The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors In interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 211, Nondiscrimination in Federaliy-Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964; and as said Regulations may be amended. (Include in licenses, leases, permits, etc)* That In the event of breach of any of the above nondiscrimination covenants, (Name' of Recipient) shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, (Name ' of Recipient) shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of (Name of Recipient) pursuant to the provisions of Assurance 10(b). * Reverter clause and related language to be used only when it is determined that such a clause is necessary.in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. UMTA C 9100.1A Attachment 2-8-85 Page 9 (App. C, Pg.2: The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases, add "as a covenant running with the land") that'(1) no person on the ground of race, color, or national origin shall be excluded from participation In, denied the benefits of, or be otherwise subjected to discrimination In the use of said facilities, (2) that In the construction of any improvements on, over, or -under su& land and the furnishing of services thereon, no person on the ground of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964), and as said Regulations may be amended. (Include In licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, (Name of Recipient) shall have the right to terminate the (license, lease, permit, etc.) and to ro-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, (Name of Recipient) shalt have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest Inland become the absolute property of (Name of Recipient) and its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title Vi of the Civil Rights Act of 1964. CERTIFICATE THE STATE OF TEXAS: COUNTY OF LUBBOCK: CITY OF LUBBOCK: I, RANETTE BOYD, City Secretary of the City of Lubbock, Texas, herebv certifv that the attached document is a true and correct copy of RESOLUTION 2310 which authorized the Mayor to file Grant Application to which this Certificate is attached. TO CERTIFY WHICH, witness my hand and seal of the City of Lubbock, this gth day of May, 1986. RANETTi'SOYD City Secretary