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HomeMy WebLinkAboutResolution - 2023-R0445 - FY 2024 Section 5307 Grant, Txdot URB 2403 (05), Project ID 51309030524 - 09/12/2023Resolution No. 2023-R0445 Item No. 5.40 September 12, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a FY 2024 Section 5307 Grant, TxDOT URB 2403 (OS), Project ID 51309030524 with the Texas Department of Transportation for public transportation system (Citibus) operating assistance, and all related documents. Said grant is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on __ September 12, 2023 APPROVED AS TO CONTENT: Bill Howe , puty City Ma ccdocs ll/RES.Citibus- Sec.5307 Grant Proj 51309030524 August 27, 2023 Resolution No. 2023-RO445 LubbockCity AN 11890 TIXAS Regular City Council Meeting 09/12/2023: Information Agenda Item 7.0. Resolution - Public Transit Services: Consider a resolution authorizing the Mayor to execute a FY 2024 Section 5307 Grant, TxDOT URB 2403 (05), Project ID 51309030524, with the Texas Department of Transportation (TxDOT) for operating assistance. Item Summary TxDOT is allocating a Section 5307 grant in the amount of $655,365 of public transportation funds to the City of Lubbock for operating assistance to maintain its public transportation system (Citibus) for Fiscal Year 2024. The FY 2024 Section 5307 grant is included in the Citibus budget for FY 2024. Citibus operates public transportation in both a fixed route and demand response service. The routes originate in downtown Lubbock and provide service to various locations throughout the City. All vehicles are accessible to persons with disabilities. The ADA complementary service and the general public OnDemand microtransit service serves origins and destinations within the city limits. All services operate under guidelines from federal, state, and local authorities for maintaining buses, facilities, preventative maintenance, and safety. The major trip generators include the medical center, education facilities, employment providers, social service agencies, and shopping centers. The contract is effective from September 1, 2023, or when fully executed by both parties, and shall terminate on August 31, 2024. TxDOT requires that all grants must be executed electronically. Therefore, Citibus requests that the Mayor execute this grant in the TxDOT a -grant system, once approved by the City Council. Fiscal Impact Acceptance of this grant will result in no additional cost to the City of Lubbock. Staff/Board Recommending Bill Howerton Chris Mandrell Lubbock Public Transit Advisory Board Attachments TxDOT FY 24 Section 5307 Grant PGA: PUBLIC TRANSPORTATION - URBAN STATE FUNDS SUBRECIPIENT: Lubbock, City of FAIN: N/A CFDA #: TXDOT PROJECT #: URB 2403 (05) PROJECT ID #: 51309030524 MASTER GRANT AGREEMENT #: MGA-2022-2026-LUBBOCK-046 NOT RESEARCH AND DEVELOPMENT URBANIZED AREA: Lubbock STATE OF TEXAS § COUNTY OF TRAVIS § URBAN STATE PROGRAM FISCAL YEAR 2024 PROJECT GRANT AGREEMENT THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State" and Lubbock, City of, called the "Subrecipient". LTA III III :I**i=k II f I WHEREAS, Texas Transportation Code Chapter 455 authorizes the State to assist the Subrecipient in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportation Code Chapter 456; and WHEREAS, the Governor of the State of Texas has designated the Texas Department of Transportation to provide state funds for public transportation purposes; and WHEREAS, the Subrecipient submitted a Fiscal Year 2024 Grant Application (if applicable) for state financial assistance, and the Texas Transportation Commission approved the application by Minute Order Number(s) 116511; and, WHEREAS, the Subrecipient must execute a Grant Application (if applicable) and Fiscal Year Certifications and Assurances each fiscal year grant period for consideration for new state and federal grants; and WHEREAS, a Master Grant Agreement (MGA) between the Subrecipient and the State has been adopted and states the general terms and conditions for grant projects developed through this PGA; Lubbock, City of State Funds Page 1 of 5 Project ID #: 51309030524 Revised 08/26/2013 NOW THEREFORE, the State and Subrecipient agree as follows: AGREEMENT ARTICLE 1. GRANT TIME PERIOD This PGA becomes effective when fully executed by both parties or on 09/01/2023, whichever is later. This PGA shall remain in effect until 08/31/2024, unless terminated or otherwise modified in an Amendment. This PGA will not be considered fully executed until both parties have executed a MGA, and the Subrecipient has submitted the Grant Application (if applicable) and Certification and Assurances to the State. The time period of this PGA cannot be extended past the MGA, without exception. Any cost incurred before or after the contract period shall be ineligible for reimbursement. ARTICLE 2. PROJECT DESCRIPTION A. The Subrecipient shall complete the public transportation project described in the Grant Application, the Attachment A - Approved Project Description, and the Attachment B - Project Budget. Attachments A and B are attached to and made a part of this agreement. The Subrecipient shall complete the project in accordance with all of the documents associated with the MGA and with all applicable federal and state laws and regulations. B. If applicable, the Subrecipient shall begin competitive procurement procedures by issuing an invitation for bids or a request for proposals no later than sixty (60) days after the effective date of this grant agreement for the purchase of the approved line items referenced in Attachment A. No later than sixty (60) days after the issuance of public notification, the Subrecipient shall publicly open all bids or privately review proposals. The Subrecipient shall enter into a binding agreement with a supplier no later than thirty (30) days after the opening of an acceptable bid or proposal. The Subrecipient shall notify the department in writing when it is necessary to exceed these deadlines. ARTICLE 3. COMPENSATION The maximum amount payable under this PGA without modification is $655,365 and 0 Transportation Development Credits, provided that expenditures are made in accordance with the amounts and for the purposes authorized in the Grant Application, the Attachment A, and the Attachment B. Invoices are to be submitted electronically through the eGrants system. ARTICLE 4. AMENDMENTS Except as noted in the MGA, changes in the scope, objectives, cost, or duration of the project authorized in this agreement shall be enacted by written amendment approved by the parties before additional work may be performed or additional costs incurred. Any amendment must be executed by both parties within the grant period specified in Article 1, Grant Time Period. ARTICLE 5. INCORPORATION OF MGA PROVISIONS This PGA incorporates all of the governing provisions of the MGA in effect on the date of final execution of this PGA, unless an exception has been made in this agreement. ARTICLE 6. SIGNATORY WARRANTY Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Lubbock, City of State Funds Page 2 of 5 Project ID #: 51309030524 Revised 08/26/2013 ARTICLE 7. ACCESS TO INFORMATION The Subrecipient is required to make any information created or exchanged with the state pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. THIS AGREEMENT IS EXECUTED by the State and the Subrecipient in duplicate. THE SUBRECIPIENT Signature Title Date THE STATE OF TEXAS Signature Public Transportation Coordinator Title Date List of Attachments A - Approved Project Description B - Project Budget Lubbock, City of State Funds Page 3 of 5 Project ID #: 51309030524 Revised 08/26/2013 ATTACHMENT A APPROVED PROJECT DESCRIPTION As presented in the City of Lubbock's FY24 Grant Application, the City will provide public transportation within the urban transit district service area. The City will provide fixed route public transportation with ADA complementary paratransit service and demand response services within the urbanized area of Lubbock. Subrecipient shall comply with Article 13: Project Records and Reports of the Master Grant Agreement requiring procurement and project milestones/ quarterly progress reports. Within 30 days of PGA execution, the subrecipient will provide the TxDOT Public Transportation Coordinator with a project milestone plan that delineates fund expenditures throughout the contract period. Per Texas Administrative Code (TAC) 31.47, Audit and Project Close -Out Standards: The subrecipient shall make every reasonable effort to complete all project activities and request appropriate reimbursements within the time period specified in the project agreement. This PGA may be suspended or terminated for cause, mutual agreement, or convenience. Upon termination for convenience, the PGA may be cancelled without penalty by either party by providing thirty (30) days written notice to the other party. TxDOT will reimburse the subrecipient for eligible expenses up to the date specified in the notice of cancellation. Upon termination of a subgrant, the unexpended and unobligated funds awarded to the subgrantee immediately revert to the department. TxDOT's Public Transportation Division's (PTN) sets a Federal Transit Administration overall Disadvantaged Business Enterprise (DBE) goal every three years for funds expended by grantees. The proposed overall goal for fiscal years 2024 - 2026 is 4.15 percent. This is not a contract specific goal but an overall goal for annual DBE participation. PTN grantees should undertake efforts to include DBE business whenever practicable. The full definition of DBE program requirements is found in Article 24 of the Master Grant Agreement. Lubbock, City of State Funds Page 4 of 5 Project ID #: 51309030524 Revised 08/26/2013 ATTACHMENT B PROJECT BUDGET # Description Fuel Type # of Award State Local In -Kind Total TDC Match TDC Units Amount Match Match Match Funds Ratio Amount 1 Operating - 30.09.01 $655,365 $655,365 0 Totals: $655,365 $0 $0 $0 $655,365 0 Lubbock, City of State Funds Page 5 of 5 Project ID #: 51309030524 Revised 08/26/2013