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Home My WebLink AboutResolution - 2016-R0412 - Transportation Development Credits Agreement - TXDOT -Project No. TDC 1701(05) - 11/17/2016Resolution 2016-R0412 Item No.6.17 November 17,2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock,or his designee, is hereby authorized and directed to execute for andon behalfof theCityof Lubbock,a Transportation Development Credits Agreement for the provision of State funding credits for TxDOT Project No. TDC 1701(05), by and between the City of Lubbock on behalf of Citibus, and the Texas Department of Transportation, 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. Passed by the City Council on November 17,2016 DANIEL M.POPE,MAYOR ATTEST: Rebecca Garza.City Secretary APPROVED AS TO CONTENT: ccdocs/RES.Agreement- TxDOT Development Credits Agreement - Citibus& TxDOTProjectTDC 1701.05 October 31.2016 n - Resolution 2016-RO412 AGREEMENT: PUBLIC TRANSPORTATION - TRANSPORTATION DEVELOPMENT CREDITS (TDC) SUBRECIPIENT: Lubbock, City of TXDOT PROJECT #: TDC 1701 (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 "Transit Provider". 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 114340 authorizing the Transit Provider 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; NOW THEREFORE, the State and Transit Provider agree as follows: AGREEMENT ARTICLE 1. GRANT TIME PERIOD This TDC Agreement becomes effective when fully executed by both parties or on 10/17/2016, whichever is later. This TDC Agreement shall remain in effect until 12/31/2017, 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 Transit Provider 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 Transit Provider shall complete the project in accordance with all applicable federal and state laws Lubbock, City of TXDOT PROJECT #:TDC 1701 (05) Transportation Development Credits Page 1 of 4 Revised 01/23/2014 and regulations. B. If applicable, the Transit Provider 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 Transit Provider shall publicly open all bids or privately review proposals. The Transit Provider 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 Transit Provider 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 204,378 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. ARTICLES. SUCCESSORS AND ASSIGNS The Transit Provider binds themselves, their successors, assigns, executors and administrators in respect to all covenants of this agreement. The Transit Provider 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 TXDOT PROJECT #:TDC 1701 (05) Transportation Development Credits Page 2 of 4 Revised 01/23/2014 THIS AGREEMENT IS EXECUTED by the State and the Transit Provider in duplicate. THE TRANSIT PROVIDER Signature IF Daniel M. Pope, MAYOR Title November 17, 201 Date THE STATE OF TEXAS Signature Public Transportation Coordinator Title Date List of Attachments A — Approved Project Description Lubbock, City of TXDOT PROJECT # TDC 1701 (05) Transportation Development Credits Page 3 of 4 Revised 01/23/2014 THIS AGREEMENT IS EXECUTED by the State and the Transit Provider in duplicate. THE TRANSIT PROVIDER Signature Daniel Pope Title Mayor Date 11/22/2016 Signature Eric Garcia Title Public Transportation Coordinator Date 11/28/2016 THE STATE OF TEXAS List of Attachments A – Approved Project Description Lubbock, City of Transportation Development Credits Page 3 of 4 Revised 01/23/2014 TXDOT PROJECT #:TDC 1701 (05) ATTACHMENT A APPROVED PROJECT DESCRIPTION City of Lubbock received Section 5339 Bus and Bus Facilities grant funds. The TDC award will be used as soft match at an 80/20 ratio for the Federal Award Amount of $1,021,736 distributed by FTA to purchase 8 paratransit vans and 1 supervisor van. The federal funds were awarded under grant number TX-2016-042. Lubbock, City of TXDOT PROJECT #:TDC 1701 (05) Transportation Development Credits Page 4 of 4 Revised 01/23/2014