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Home My WebLink AboutResolution - 2023-R0544 - Transportation Development Credit Agreement, Txdot Project # TDC 2401 (05) - 11/07/2023Resolution No. 2023-R0544 Item No. 5.12 November 7, 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, Transportation Development Credit Agreement, per TxDOT Project 2401 (OS), by and between the City of Lubbock and Texas Department of Transportation for the replacement of fleet vehicles, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. APPROVED AS TO CONTENT: . � � �� Bil H werton, Deputy City Manager APPROVED A.F�I�Q�ORM: ssistant City Attorney ccdocs IIIRES.Agrmt-TxDOT, Proj. 2401(OS) October 25, 2023 Passed by the City Council on November 7, 2023 Resolution No. 2023-RO544 CITY OF LUBBOCK AGENDA ITEM SUMMARY II. CONSENT AGENDA ITEM #/SUBJECT: # Resolution — Public Transit Services: Consider a resolution authorizing the Mayor to execute a Transportation Development Credit Agreement, TxDOT Project # TDC 2401 (05), with the Texas Department of Transportation (TxDOT). BACKGROUND DISCUSSION: TxDOT is allocating 5,940,000 Transportation Development Credits (TDC's) to the City of Lubbock/Citibus to be used as local match for the FY 2022 Federal Transit Administration (FTA) Section 5339(c) Low or No Emissions Grant. The Transportation Development Credits are awarded at the discretion of the Texas Transportation Commission, and are awarded to various public transportation agencies to assist with the match of Federal funds for capital projects. Due to the use of TDC's the FY 2022 FTA Section 5339(c) Low or No Emissions Grant will not require a local match by the City of Lubbock. The grant will be used for the replacement of fleet vehicles that have exceeded their useful life. The agreement becomes effective when fully executed by both parties, and shall remain in effect until June 1, 2029. TxDOT requires that all grants must be executed electronically. FISCAL IMPACT: Transportation Development Credits will be used as local match for a Federal grant. Acceptance of this agreement will result in no additional cost to the City of Lubbock. SUMMARY/RECOMMENDATION: Bill Howerton Chris Mandrell AGREEMENT: PUBLIC TRANSPORTATION - TRANSPORTATION DEVELOPMENT CREDITS (TDC) SUBRECIPIENT: Lubbock, City of TXDOT PROJECT #: TDC 2401 (05) NOT RESEARCH AND DEVELOPMENT STATE OF TEXAS § COUNTY OF TRAVIS § TRANSPORTATION DEVELOPMENT CREDITS (TDC) AGREEMENT THIS TDC AGREEMENT 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". WITNESSETH WHEREAS, on May 9, 1995, FTA published notice in the Federal Register describing innovative financing techniques that could be utilized to enhance the effectiveness of capital investment programs; and, WHEREAS, Title 23 U.S.C. §1200) permits states to use certain toll revenue expenditures generated and used by public, quasi -public and private agencies, to build, improve or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce, provided that the agencies have built, improved or maintained those facilities without federal funds, as credit toward the non- federal matching share of programs authorized by Title 23 (except for the Federal Highway Administration's emergency relief program funds) and for transit programs authorized by Chapter 53 of Title 49; and, WHEREAS, Texas Transportation Code Chapter 455 authorizes the State to assist agencies in procuring aid for the purpose of establishing and maintaining public and mass transportation projects as defined under Texas Transportation Code Chapter 456; and, WHEREAS, the Texas Transportation Commission approved Minute Order Number 116292 authorizing the Subrecipient to use TDC towards the non-federal matching share of public transportation projects, allowing these credits to be all or part of the required percent of local matching funds; WHEREAS, the Public Transportation Division awarded TDC by letter, dated June 30, 2023, to the City of Lubbock/Citibus for the Lubbock urbanized area for the specific project as identified in this application, NOW THEREFORE, the State and Subrecipient agree as follows: Lubbock, City of PUBLIC TRANSPORTATION - TRANSPORTATION DEVELOPMENT CREDITS (TDC) AGREEMENT TXDOT PROJECT #: TDC 2401 (05) Page 1 of 4 Revised 08/26/2013 ARTICLE 1. GRANT TIME PERIOD This TDC Agreement becomes effective when fully executed by both parties or on 10/23/2023, whichever is later. This TDC Agreement shall remain in effect until 06/01/2029, unless terminated or otherwise modified in an Amendment. Any cost incurred before or after the contract period shall be ineligible to be reimbursed with TDC. ARTICLE 2. PROJECT DESCRIPTION A. The Subrecipient shall complete the public transportation project described in Attachment A - Approved Project Description. Attachments A is attached to and made a part of this agreement.The Subrecipient shall complete the project in accordance 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 TDC amount available under this Agreement without modification is 5,940,000 Transportation Development Credits, provided that expenditures are made in accordance with the amounts and for the purposes authorized in Attachment A. Invoices are to be submitted electronically through the eGrants system. ARTICLE 4. AMENDMENTS 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 the above Article 1, Grant Time Period. ARTICLE 5. SUCCESSORS AND ASSIGNS The Subrecipient binds themselves, their successors, assigns, executors and administrators in respect to all covenants of this agreement. The Subrecipient shall not sign, sublet, or transfer their interest in this agreement without the written consent of the State. ARTICLE 6. SIGNATORY WARRANTY Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Lubbock, City of PUBLIC TRANSPORTATION - TRANSPORTATION DEVELOPMENT CREDITS (TDC) TXDOT PROJECT #: TDC 2401 (05) Page 2 of 4 Revised 08/26/2013 THIS AGREEMENT IS EXECUTED by the State and the Subrecipient in duplicate. THE SUBR E Signature �Zz Mayor Title ► � - �� 7�'i�.Tli►.Tc THE STATE OF TEXAS Signature Public Transportation Coordinator Title Date List of Attachments A - Approved Project Description Lubbock, City of PUBLIC TRANSPORTATION - TRANSPORTATION DEVELOPMENT CREDITS (TDC) TXDOT PROJECT #: TDC 2401 (05) Page 3 of 4 Revised 08/26/2013 ATTACHMENT A APPROVED PROJECT DESCRIPTION The City of Lubbock/Citibus received FY22 Federal Section 5339(c) Low or No Emission Vehicle Program funds for the Lubbock urbanized area. The TDC award will be used as soft match at an 85/15 ratio for the Federal Award Amount of $39,600,000 distributed by FTA for the replacement of fleet vehicles. The federal funds were awarded under grant number TX-2023-120. Lubbock, City of PUBLIC TRANSPORTATION - TRANSPORTATION DEVELOPMENT CREDITS (TDC) TXDOT PROJECT #: TDC 2401 (05) Page 4 of 4 Revised 08/26/2013