Loading...
HomeMy WebLinkAboutResolution - 2009-R0133 - Sec. 5310 Grant Agreement - TXDOT - 04/09/2009Resolution No. 2009-RO133 April 9, 2009 Item No. 5.31 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and ted to execute for and on behalf of the City of Lubbock a Section 5310 Grant ement, and any associated documents, by and between the City of Lubbock and the as Department of Transportation, a copy of which Grant Agreement is attached hereto which shall be spread upon the minutes of Council and as spread upon the minutes of Council shall constitute and be a part herein as if fully set forth herein in detail. by the City Council this 9th day of April , 2009. TTEST: TOM MARTIN, MAYOR F1 Garza, City Secretary ED AS TO CONTENT: City Manager/Transportation and Public Works PROVED AS .25.09 FORM: ity 5310 -Grant Agrmnt.res.09 Misc. Contract No: 51905F7226 Resolution No. 2009-RO133 SUBRECIPIENT: City of Lubbock/CITIBUS STATE/LOCAL PUBLIC TRANSPORTATION (SECTION 5310) GRANT AGREEMENT - FEDERAL STATE PROJECT NO.: ED 0902 (05) MISC. CONTRACT NO. 51905F7226 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § STATE/LOCAL PUBLIC TRANSPORTATION PROJECT GRANT AGREEMENT THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and City of Lubbock/CiTIBUS, hereinafter called the "Subrecipient." Ih�1290114-'1y4 i;I WHEREAS, 49 U.S.C. Section 5310, authorizes the U.S. Secretary of Transportation to make grants to state governments to help them provide mass transportation service planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities; and, WHEREAS, 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 (State) to receive federal funds under the Section 5310 grant program; and WHEREAS, the Subrecipient submitted a Fiscal Year Grant Application, Part I for federal financial assistance to be used to provide transportation services to elderly individuals and individuals with disabilities, and the Texas Transportation Commission approved the application by Minute Order Number 111700; and, WHEREAS, the Subrecipient must execute a Fiscal Year Grant Application, Part 1 at the start of each fiscal year grant period for consideration for new state and/or federal grants; and, WHEREAS, the Subrecipient must execute a Fiscal Year Grant Application, Part II each year for consideration for new federal grants; and, WHEREAS, a Fiscal Year 2006 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; and, WHEREAS, the U.S. Secretary of Transportation approved the State's request; NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Subrecipient hereto agree as follows. City of Lubbock/CITIBUS STATE PROJECT NO.: ED 0902 (05) Page 1 of 5 r_Ti`l:a :1 =1►+,1: ki& Ii ARTICLE 1. GRANT TIME PERIOD Misc. Contract iVo: 51 905F7226 This PGA becomes effective when fully executed by both parties or on March 5, 2009 whichever is later. This PGA shall remain in effect until August 31, 2010 unless terminated or otherwise modified in an Amendment. Any cost incurred before or after the contract period shall be ineligible for reimbursement. This PGA will not be considered fully executed until both parties have executed a Fiscal Year 2006 Master Grant Agreement, and the Subrecipient has submitted the Fiscal Year Grant Applications, Part I and the Part 11 (federal funds only) to the State. ARTICLE 2. PROJECT DESCRIPTION The Subrecipient shall commence, carry out and complete the public transportation project described in the Fiscal Year Grant Application, Part I and/or the attached Attachment A, Project Description and Attachment B, Project Budget, with all practicable dispatch, in a sound, economical and efficient manner The Subrecipient shall carryout the public transportation project described in the Fiscal Year Grant Application, Part I and the Attachment A, Project Description and Attachment B, Project Budget in accordance with all of the documents associated with the MGA, and with all applicable federal and state laws and/or regulations. 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 item(s) referenced in Attachment A, Project Description and Project Budget. 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 $24,991 provided that expenditures are made in accordance with the amounts and for the purposes authorized in the Fiscal Year Grant Application, Part i and the Attachment A, Project Description and Attachment B, Project Budget. The original and one copy of the invoice is to be submitted to the following address: Douglas Eichorst, P.E. District Engineer Texas Department of Transportation 135 Slaton Road Lubbock, Texas 79404-5201 ARTICLE 4. AMENDMENTS Except as noted in the MGA, changes in the scope, objectives, cost or duration of the project authorized herein shall be enacted by written amendment approved by the parties hereto before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the grant period specified in Article 1, Grant Period. City of Lubbock/CITIBUS STATE PROJECT NO.: ED 0902 (05) Page 2 of 5 Misc. Contract No: 5 1 905F7226 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. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 7. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the public transportation grant specifically authorized and funded under this agreement. ARTICLE 8. INCORPORATION OF PROVISIONS. Attachments are attached hereto and incorporated into this contract as if fully set forth herein. ARTICLE 9. SIGNATORY WARRANTY The undersigned signatory for the Subrecipient hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this agreement and that he or she has full and complete authority to enter into this agreement on behalf of the organization, IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: _�*k-1'� Douglas W Eichorst II, P.E. District Engineer Date: �,''%% !?;'1f%t✓% List of Attachments A - Project Description B - Project Budget City of Lubbock/CITIBUS By:�•�-n–,�0 Tom Martin Mayor of the City of Lubbock Date: April 9, 2009 City of Lubbock/CITIBUS STATE PROJECT NO.: ED 0902 (05) Page 3 of 5 APPROVED RECIPIENT ATTEST: Reb ca Garza City Secretary Date: April 9, 2009 APPROVED AS TO CONTENT: Jame Loo Assiskant City Manager Transportation & Public Works APPROVED AS TO FORM: Assistant City Attorney ATTACHMENT A PROJECT DESCRIPTION Subrecipient: City of Lubbock/CITIBUS State Project No.: ED 0902 (05) Misc. Contract No.: 51905F7226 Effective Date: March 5, 2009 Project Completion Date: August 31, 2010 Misc. Contract No: 5190F7225 Resolution No. 2009-R0133 Elderly and Persons with Disabilities Program (49 U.S.C. §5310) CFDA 20.513 NARRATIVE: City of Lubbock/CIT1BUS STATE PROJECT NO.: ED 0902 (05) Page 4 of 5 TDC Local 6,248 6,248 Misc. Contract No: 51905F7226 Resolution No. 2009-RO133 ATTACHMENT B PR©►JECT BUDGET Instructions: 1. Go to the Master Grant Agreement spreadsheet Master Budget.xls 2. Complete/Update the budget then print the following pages: • Show 5310; On the Line Item Budget page, click on Show 5310, then Print 5310, then Print) • Budget 1, Budget 2, (as appropriate); On the Line Item Budget page, click on Go to 5310, then go to Budget 1, and click on the button Print 1-1, then Print. If receiving funds from more than TxDOT district, scroll down to that district and click on the Print 1-1, or Print 2-1, as appropriate. 3. Attach all pages to Grant Agreement as Attachment B City of Lubbock/CITIBUS STATE PROJECT NO.: EES 0902 (05) Page 5of5 Lubbock a®perr..�anr mr rtanep,xrarrnn Select Fiscal Year— FY 2009 Resolution No, 2009-80133 Legend Totals Fedsrattlalf� Gstculaiu Dro Downs Locked Cell Project # Data Entry Grant # Title CellsTexas Start Date Cernmenta Department End Date of Transpartation Entry Date Quantity A Total of All Description ALI _Eue! Type Programs §5310 Total Federal State - §5310 Federal State Local Local 5310 Total Preventive Maintenance 11.7A.00 Purchase of Service 11.71.13 h c +n;tr• %7.-Wj; „s,tC-Q- 11.7A.00 24991 6248 r',j-, yY ± ,'lOIl 11.71.13 -- Capital Subtotal 31,239 24,991 Bwfton 19: Plan nln I AdMOosts Federal State Local Total Administration Costs Planning Costs al AdminlPlanning Costs Sectlon IV: Operating Costs Federal State Local Total Gross Operating Farebox Revenue Net Operating - -- Total ",Total Federal §5310 State Local 5310 Total Transit Budget 31,299 24,991 1 6,2481 31,239 Total of Local Funds iD59i should meet or exceed amount in cell AU32 Source of Local Funds Amount Total of Local Funds 3/1 712 00 9