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HomeMy WebLinkAboutResolution - 2000-R0388 - Contract - TXDOT - Replacement Buses - 10/26/2000Resolution No. 2000-80388 October 26, 2000 Item No. 27 RESOLUTION BE 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 directed to execute for and on behalf of the City of Lubbock, a Contract between the City of Lubbock and the Texas Department of Transportation (TxDOT), for the purchase of replacement buses, and related documents. Said Contract 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 this 26th day of October , 2000. f`f L WINDYN�TOf,4, MAYOR APPROVED AS TO CONTENT: Richard Burdine Assistant City Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney DIVCcdocs'TxDOT Replacement Buses October 13. 2000 Resolution No. 2000-RQ388 October 26, 2000 Item No. 27 SUBRECIPIENT: City of Lubbock Capital Investment Grants and, Loans (49 U.S.C. ¢5309) STATE PROJECT NO.: VCR 0101(05) MISC. CONTRACT NO.. 51105F6006 CFDA Number 20500 STATE/LOCAL GRANT AGREEMENT CAPITAL INVESTMENT PROGRAM THE STATE OF TEXAS § THE COUNTY OF TRAVIS § THIS GRANT AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and, City of Lubbock, hereinafter called the "SUBRECIPIENT." WITNESSETH WHEREAS, 49 U.S.C. §5309(m)(1)(c), authorizes the U.S. Secretary of Transportation to make grants to state governments to assist in financing capital projects that will benefit the country's transit systems; and, WHEREAS, the Governor of the State of Texas has designated the Texas Department of Transportation (State) to receive federal funds under the Section 5309 program; 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 Subrecipient submitted an application under Section 5309 for federal financial assistance to be used to finance capital projects to benefit Texas' transit systems; 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. Page I of 24 AGREEMENT ARTICLE 1. GRANT PERIOD This grant agreement becomes effective when fully executed by both parties or on October 1, 2000, whichever is later. This grant agreement shall terminate on October 31, 2001, unless terminated or otherwise modified as hereinafter provided. ARTICLE 2. PROJECT DESCRIPTION The Subrecipient shall commence, carry out and complete the public transportation project described in Attachment A, Approved Project Description, with all practicable dispatch, in a sound, economical and efficient manner. The subrecipient shall carryout the public transportation project described in Attachment A, Approved Project Description in accordance with the provisions of the Project Description, this grant agreement, federal and state law, and federal and state regulations as hereinafter referenced, including but not limited to:; 49 U.S.C. §5309(m)(1)(c); Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (49 CFR Part 18); and Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non -Profit Organizations (49 CFR 19). A. The Subrecipient shall begin competitive procurement procedures no later than thirty (30) days after the effective date of this grant agreement for the purchase of the approved line items) referenced in Attachment B, Approved Project Budget. No later than sixty (60) days after the issuance of public notification, the Subrecipient shall publicly open all bids. The Subrecipient shall issue a purchase order no later than thirty (30) days after the opening of an acceptable bid. The Subrecipient shall notify the department in writing when it is necessary to exceed these deadlines. ARTICLE 3. COMPENSATION A. The maximum amount payable under this grant agreement without modification is $775,146.00 and toll credits in the amount of 162,653 provided that expenditures are made in accordance with the amounts and for the purposes authorized in Attachment A, Approved Project Description and Attachment B, Approved Project Budget. B. The State's reimbursement to the Subrecipient is contingent upon the availability of appropriated funds. The State shall have no liability for any claim submitted by the Subrecipient or its subcontractors, vendors, manufacturers or suppliers if sufficient federal or state funds are not available to pay the Subrecipient's claims. C. To be eligible for reimbursement under this grant agreement, a cost must be incurred within the grant agreement period specified in Article 1, Grant Period, and be authorized in Attachment A, Approved Project Description and Attachment B, Approved Project Budget. Page 2 of 24 D. Reimbursement of costs incurred under this grant agreement is further governed by cost principles outlined in applicable Federal Office of Management and Budget (OMB) publications as follows: • OMB Circular A-21, Cost Principles for Educational Institutions • OMB Circular A-87, Cost Principles for State and Local Governments • OMB Circular A-122, Cost Principles for Nonprofit Organizations E. Costs claimed by the Subrecipient shall be actual net costs, that is, the price paid minus any refunds, rebates or other items of value received by the Subrecipient that have the effect of reducing the cost actually incurred. F. The Subrecipient may submit requests for reimbursement to the State no more frequently than monthly using invoice statements acceptable to the State. Requests for reimbursement must be furnished to the State within forty-five (45) days of the end of the month during which the costs were incurred. Additional documentation to support any cost incurred during the billing period may be required at the discretion of the State. As a minimum, each billing must be accompanied by a summary by budget line item which indicates the total amount authorized for each line item, previous expenditures, current period expenditures and the balance remaining in the line item. G. The original and one copy of the invoice is to be submitted to the following address: Carl R. Utley, P. E. District Engineer Texas Department of Transportation P.O. Box 771 Lubbock, Texas 79408-0771 H. The State will make payment within thirty (30) days of the receipt of properly prepared requests for reimbursement. I. The Subrecipient will submit a final billing within forty-five (45) days of the completion or termination of the grant agreement in accordance with Article 1, Grant Period. J. The Subrecipient shall pay all subcontractors for work performed within 10 days after the Subrecipient receives payment for the work performed by the subcontractor. The above requirements are also applicable to all sub -tier subcontractors and the above provisions shall be made a part of all Subrecipient agreements. Failure to comply with any of the above requirements may cause withholding of payments to the Subrecipients. Page 3 of 24 ARTICLE 4. AMENDMENTS Except as noted below, 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. ARTICLE 5. SUBCONTRACTS The Subrecipient shall not enter into any subcontract with any individuals or organization for the purchase of equipment and/or services without prior authorization and consent to the purchase agreement by the State. Any subcontracts for professional services rendered by individuals or organizations not a part of the Contractor's organization shall not be executed without prior authorization and approval of the subcontract by the State. Subcontracts in excess of $25,000 shall contain all required provisions of this Contract. No subcontract will relieve the Subrecipient of their responsibility under this Contract. ARTICLE 6. RETENTION OF RECORDS A. The Subrecipient agrees to maintain all documents, reports, papers, accounting records, and other evidence pertaining to costs incurred under this agreement (the Records) at its office during the grant period and for four (4) years from the date of final payment under the grant. Such Records shall be made available during the specified period for inspection by the State, the U.S. Department of Transportation, the Office of the Inspector General, and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. B. Records for nonexpendable property acquired with Federal or State funds shall be retained for four (4) years after final disposition of the property. C. If any litigation, claim, or audit is started before the expiration of the four year retention period, the Records shall be retained until all litigation, claims, or audit findings involving the Records have been resolved. D. When Records are transferred to or maintained by the federal or state sponsoring agency, the four year retention requirement is not applicable to the Subrecipient. E. The Subrecipient further agrees to include these provisions in each subcontract. ARTICLE 7. SINGLE AUDIT REQUIREMENTS Subrecipient audit procedures shall meet or exceed the single audit requirements outlined in Office of Management and Budget (OMB) publications as follows: Page 4 of 24 + Audits of States, Local Governments, and Non -Profit Organizations OMB Circular A-133 ARTICLE 8. FINANCIAL MANAGEMENT SYSTEM The Subrecipient's financial management system shall meet or exceed the requirements of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18.20) and/or Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non -Profit Organizations (49 CFR Part 19.21). Those requirements include, but are not limited to: A. Accurate, current, and complete disclosure of the financial results of each grant program in accordance with State and Federal reporting requirements. B. Records which adequately identify the source and application of funds for grant -supported activities. These records shall contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays and income. C. Effective control over and accountability for all funds, property and other assets. The Subrecipient shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes. D. Comparison of actual with budgeted amounts for each grant agreement, and relation of financial information to performance or productivity data, including the production of unit cost information, whenever appropriate and required by the State. E. Procedures for determining the eligibility for reimbursement and proper allocation of costs. F. Accounting records which are supported by source documentation. G. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. ARTICLE 9. PROCUREMENT STANDARDS Subrecipient procurement standards shall meet or exceed the requirements of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18.36) and/or "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non -Profit Organizations" (49 CFR 19.40-19.48), and FTA Circular FTA C 4220. ID, including standards for competitive procurements; methods of procurement; contracting with small and minority firms, women's business enterprise and labor surplus area firms; contract cost and price; awarding agency review; insurance and bonding. The Subrecipient's procurement system must include but not be limited to the following procurement standards: A. Procurement procedures which reflect applicable state and local laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in this section. Page 5 of 24 B. A contract administration system which ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. C. A written code of standards of conduct governing the performance of employees engaged in the award and administration of contracts. No employee, officer, or agency of the Subrecipient shall participate in selection or in the award or administration of a contract supported by state or federal funds if a conflict of interest, real or apparent, would be involved. D. A process for review of proposed procurements to avoid purchase of unnecessary or duplicative items. E. Use of state and local intergovernmental agreements for procurement or use of common goods and services to foster greater economy and efficiency. F. Use of value engineering clauses in contracts for construction projects. G. Awards made only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement, giving consideration to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. H. Records sufficient to detail the significant history of a procurement, including rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. I. Limited use of time -and -materials contracts. J. Use of good administrative practice and sound business judgment to settle contractual and administrative issues arising out of procurements. K. Protest procedures to handle and resolve disputes relating to procurements and prompt disclosure to the State of information regarding the protest. L. Procurement transactions conducted in a manner that provides full and open competition. Upon procurement of items under this grant agreement, the Subrecipient shall submit to the State a list of all bidders and subcontractors that quoted on the procured items. The Subrecipient shall submit the list with their requests for reimbursements and must include names, addresses, telephone numbers, and type(s) of work quoted. ARTICLE 10. REAL PROPERTY MANAGEMENT A. The Subrecipient will comply with management standards set forth in the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18.31) and/or "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations" (49 CFR Part 19.32) acquisition, use, and disposition of real property acquired under the grant. Page 6 of 24 B. The State must concur in the award of all purchase orders for non -expendable personal property as defined in 49 CFR Part 18.31 and 49 CFR Part 19.32 ARTICLE 11. EQUIPMENT MANAGEMENT A. The Subrecipient will comply with State management standards and with management standards specified in the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18.32) and/or "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non -Profit Organizations" (49 CFR 19.34) in the control, use, and disposition of equipment acquired under this grant. B. Management standards include: I. Maintain equipment records that include a description of the equipment; a serial number or other identification number; the source of equipment; who holds title; the acquisition date and cost of the equipment; percentage of federal and state participation in the cost of the equipment; the location, use and condition of the equipment; maintenance history for each vehicle; and ultimate disposition data including the date of disposal and sale price. H. Conduct a physical inventory of the equipment at least once every two (2) years and reconcile the inventory with equipment records described in the preceding paragraph. III. Develop a control system to ensure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft shall be investigated. IV. Develop and follow procedures to keep the equipment maintained and in good condition. As a minimum, the Subrecipient shall follow the vehicle maintenance schedule recommended by the manufacturer, showing the date the maintenance was performed. Maintenance records shall be provided to the State upon request. V. Request disposition approval and instructions from the State, and if authorized to sell the equipment, use proper sales procedures to insure the highest possible return. C. The Subrecipient will comply with Title 43, Texas Administrative Code, §31.53, to protect the public investment in real property and equipment purchased in whole or in part with state or federal funds. D. In the event that project equipment is not used in the proper manner or is withdrawn from public transportation services, the Subrecipient shall immediately notify the State. The State reserves the right to direct the sale or transfer of property acquired under this grant agreement upon determination by the State that said property has not been fully or property used. E. When original or replacement equipment acquired under a grant is no longer needed for the original project or program or for other activities currently or previously supported by a federal or state agency, the Subrecipient shall contact the State to request authority to dispose of the equipment, and the State shall issue disposition instructions in accordance with 49 CFR Part 18.32 and/or 49 CFR part 19.34. Page 7 of 24 F. All vehicles purchased under this grant agreement shall comply with the Motor Vehicle Safety Standards established by the U.S. Department of Transportation. G. All vehicles purchased under this grant agreement shall comply with all federal motor vehicle anti -pollution requirements. H. All vehicles purchased under this grant agreement shall comply with the bus testing requirements set forth at 49 USC 5323(c) and 49 CFR 665. I. The Subrecipient shall not execute any lease, pledge, mortgage, lien or other contract touching or affecting the Federal or State interest in any project facility or equipment; nor shall the Subrecipient by any act or omission of any kind adversely affect the Federal or State interest or impair its continuing control over the use of project facilities or equipment. J. The Subrecipient shall comply with requirements set forth at 49 USC 5323(1) and 49 CFR 663 regarding pre -award and post -delivery audit requirements. K. Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the event of loss or damage to project property, whether by casualty or fire, the fair market value will be the value of the property immediately before the casualty or fire. L. In the event of loss due to casualty or fire, straight line depreciation of the asset, based on the industry standard for a useful life, shall be considered fair market value unless otherwise approved by the State. M. The Recipient/Subrecipient shall notify the State immediately of theft, wreck, vandalism or other destruction of project -related facilities or equipment. ARTICLE 12. VEHICLE INSURANCE REQUIREMENTS The Recipient/Subrecipients shall maintain at least the minimum insurance on all vehicles and other nonexpendable personal property as required by the insurance regulations of the State of Texas. ARTICLE 13. BUY AMERICA The Subrecipient agrees to comply with applicable Buy America requirements set forth in 49 U.S.C. 5323(h)(j) and 49 CFR Part 661. ARTICLE 14. CARGO PREFERENCE The Subrecipient will comply with the cargo preference requirements set forth in 46 U.S.C. 1241 and Maritime Administration regulations set forth in 46 CFR Part 381. ARTICLE 15. COORDINATION According to Title 43 of the Texas Administrative Code §31.49, the Subrecipient will at all times coordinate the provision of public transportation services with other transportation Page 8 of 24 operators, both public and private, in the area. The Subrecipient will furnish the State copies of any agreement resulting from such coordination. Agreements which authorize the payment of project funds to another entity are subject to the approval requirements described in Article 5, Subcontracts. According to FTA C 9070. IE, the Recipient/Subrecipient shall also provide transportation to the general public on an incidental basis if such service does not interfere with transportation services for the general elderly and disabled public. The Subrecipient even at times where practicable, shall make available the vehicle itself purchased under this program available to provide transportation to other elderly persons and persons with disabilities beyond its own clients or not being used for grant -related purposes. Agreements which authorize the payment of project funds to another entity are subject to the approval requirements described in Article 5, Subcontracts. ARTICLE 16. LABOR PROTECTION PROVISIONS The Subrecipient agrees to undertake, carry out and complete the project under the terms and conditions determined by the Secretary of the United States Department of Labor to be fair and equitable to protect the interests of employees affected by the project and meeting the requirements of 49 U.S.C. 5333(b). The Subrecipient shall maintain documentation of compliance efforts in accordance with retention and accessibility requirements set forth in Article 6, Retention of Records. The Subrecipient agrees to the comply with applicable transit employee protective requirements as required under the Transit Employee Protective Agreements as set forth under 49 U.S.C.§5310, §5311, and §5333 and 29 CFR Part 215. If applicable, the Subrecipient shall comply with the labor protection provision as listed below. The Public Body, City of Lubbock, agrees that the following terms and conditions shall apply for the protection of employees in the mass passenger transportation industry in the area of the project: 1. The project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees in the mass passenger transportation industry within the service area of the project. 2. All rights, privileges, and benefits (including pension rights and benefits) of employees (including employees already retired) shall be preserved and continued. 3. The Public Body shall be financially responsible for any deprivation of employment or other worsening of employment position as a result of the project. 4. In the event an employee is terminated or laid off as a result of the project, he shall be granted priority of employment or reemployment to fill any vacant position for which he or she is, or by training or retraining can become, qualified. In the event training is required by such employment or reemployment, the Public Body shall provide or provide for such training or retraining at no cost to the employee. Page 9 of 24 5. Any employee who is laid off or otherwise deprived of employment or placed in a worse position with respect to compensation, hours, working conditions, fringe benefits, or rights and privileges pertaining thereto at any time during his or her employment as a result of the project, including any program of efficiencies or economies directly or indirectly related thereto, shall be entitled to receive any applicable rights, privileges and benefits as specified in the employee protective arrangement certified by the Secretary of Labor under Section 405 (b) of the Rail Passenger Service Act of 1970 on April 16, 1971. An employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in case of his or her resignation, death, retirement, dismissal for cause, or failure to work due to disability or discipline. The phrase "as a result of the project" as used herein shall include events occurring in anticipation of, during, and subsequent to the project. 6. In the event any provision of these conditions is held to the invalid or otherwise unenforceable, the Public Body, the employees and/or their representatives may invoke the jurisdiction of the Secretary of Labor to determine substitute fair and equitable employee protective arrangements which shall be incorporated in these conditions. 7. The Public Body agrees that any controversy respecting the project's effects upon employees, the interpretation or application of these conditions and the disposition of any claim arising hereunder may be submitted by any party to the dispute including the employees or their representative for determination by the Secretary of Labor, whose decision shall be final. S. The Public Body shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the making of the decisions called for in the preceding paragraph. 9. The Public Body will post, in a prominent and accessible place, a notice stating that the Public Body is a recipient of Federal assistance under the Federal Transit Act and has agreed to comply with the provisions of 49 U.S.C., Section 5333 (b). The notice shall also specify the terms and conditions set forth herein for the protection of employees. ARTICLE 17. CHARTER AND SCHOOL BUS OPERATIONS A. The Subrecipient, or any subcontractor acting on its behalf, shall not engage in charter bus operations outside the project area within which it provides regularly scheduled public transportation service, except as provided under Section 3(f) of the Federal Transit Act of 1964, as amended, 49 USC 1602(f), and regulations pertaining to Charter Bus Operations, set forth at 49 CFR Part 604 and any amendments that may be issued. Any subcontract entered into under these regulations is incorporated into this Contract by reference. B. The Subrecipient, or any subcontractor acting on its behalf, shall not engage in school bus operations, exclusively for the transportation of students or school personnel, in competition Page 10 of 24 with private school bus operators, except as provided under Section 3(g) of the Federal Transit Act of 1964, as amended, 49 USC 1602(g) and regulations pertaining to School Bus Operations, set forth at 49 CFR Part 605 and any amendments thereto that may be issued. Any subcontract entered into under these regulations is incorporated into this Contract by reference. ARTICLE 18. MONITORING A. The State will monitor the progress of the project authorized in this agreement using appropriate and necessary inspections, including but not limited to periodic reports, physical inspection of project facilities, telephone conversations, letters, and conferences. B. The State shall monitor and conduct fiscal and/or program audits of the Subrecipient and its contractors to verify the extent of services provided under the terms of the grant agreement. Representatives of the State or Federal government shall have access to project facilities and records at all reasonable times. C. The State and the U.S. Department of Transportation, and any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the progress of the grant hereunder and the project premises. D. If any inspection or evaluation is made on the premises of the Subrecipient or a subcontractor, the Subrecipient shall provide and require the subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the project. ARTICLE 19. REPORTS A. The Subrecipient shall submit a brief narrative including but not limited to procurement milestones, including date of purchase order, vendor name and location, and estimated delivery date. Periodic reports shall thereafter include but not be limited to documentation of the status of the procurement and the progress of the project. The State shall specify the information needed, the format, and the frequency of the report. The Subrecipient shall promptly advise the State in writing if at any time the progress of the project will be negatively or positively impacted, including: I. Problems, delays or adverse conditions that will materially affect the Subrecipient's ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, by the Subrecipient and any State assistance needed to resolve the situation. H. Favorable developments or events that will enable the Subrecipient to meet time schedules and goals sooner than anticipated or produce more work units than originally projected. Page 11 of 24 B. Every other year, or more frequently when instructed by the State, the Subrecipient shall conduct a physical inventory of grant -supported property as set forth in Article 11, Equipment Management, and furnish the State a copy of the inventory. C. The Subrecipient shall develop performance goals and management objectives in accordance with Title 43, Texas Administrative Code, §31.36. D. The Subrecipient shall maintain written maintenance records for each grant -supported vehicle, and shall make such records available to the State upon request. As a minimum, the Subrecipient shall comply with the manufacturer's recommended maintenance schedule. ARTICLE 20. DISPUTES AND REMEDIES A. The Subrecipient shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of the grant. B. Any dispute concerning the work hereunder, additional costs, or any other non -procurement issue shall be submitted for resolution by informal mediation, in accordance with the requirements of the Governmental Dispute Resolution Act, Chapter 2009, Government Code. C. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 21. TERMINATION A. The State may terminate this grant agreement at any time before the date of completion whenever it is determined that the Subrecipient has failed to comply with the conditions of the grant agreement. The State shall give written notice to the Subrecipient at least thirty (30) days prior to the effective date of termination and specify the effective date of termination, the reason for the termination, and other termination instructions. B. If both parties to this grant agreement agree that the continuation of the grant would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date. In the event that both parties agree that resumption of the grant is warranted, a new grant agreement must be developed and executed by both parties. C. Either the State or the Subrecipient may terminate this agreement by giving notice in writing one to the other for reasons of its own and not subject to the approval of the other party. In the event of termination for convenience, neither the State nor the Subrecipient shall be subject to additional liability except as otherwise provided in this agreement. D. Upon termination of this grant agreement, whether for cause or at the convenience of the parties hereto, title to all property and equipment remains with the Subrecipient subject to the obligations and conditions set forth in this grant agreement and 49 CFR 18.31 and 18.32, unless the state or federal funding agency issue disposition instructions to the contrary. Page 12 of 24 E. In the event of termination, the State may compensate the Subrecipient for those eligible expenses incurred during the grant period which are directly attributable to the completed portion of the grant covered by this grant agreement, provided that the grant has been completed in accordance with the terms of the grant agreement. The Subrecipient shall not incur new obligations for the terminated portion after the effective date of termination. F. Except with respect to defaults of subcontractors, the Subrecipient shall not be in default by reason of any failure in performance of this grant agreement in accordance with its terms (including any failure by the Subrecipient to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Subrecipient. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Subrecipient. ARTICLE 22. NONDISCRIMINATION ON THE BASIS OF DISABILITY The Subrecipient agrees that no otherwise qualified person with disability(ies) shall, solely by reason of his/her disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under the project. The Subrecipient shall insure that all fixed facility construction or alteration and all new equipment included in the project comply with applicable regulations set forth at 49 CFR 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, and the Americans with Disabilities Act. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS It is the policy of the United States Department of Transportation (USDOT) that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the DBE and the Department DBE Program requirements of 49 CFR Part 26 apply to this Contract as follows: 1. The Subrecipient and any subcontractor will offer DBEs, as defined in 49 CFR Part 26 Subpart A, the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Subrecipient shall make a good faith effort to meet the DBE goal for this contract. 2. The Subrecipient and any subcontractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. The subrecipient and any subcontractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT assisted contracts. 3. These requirements shall be physically included in any subcontract. Page 13 of 24 4. The percentage goal for Disadvantaged Business Enterprise participation in the activities to be performed under this Contract is a minimum of 8.60% of the Contract dollars available for contracting opportunities as set forth in 49 CFR Part 26. 5. Failure to carry out the requirements set forth above shall constitute a material breach of this contract and, after the notification of the State, may result in termination of the contract by the State or other such remedy as the State deems appropriate. ARTICLE 24. EQUAL EMPLOYMENT OPPORTUNITY The Subrecipient agrees to comply with Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations 41 CFR Part 60. ARTICLE 25. AFFIRMATIVE ACTION The Subrecipient warrants that affirmative action programs as required by the rules and regulations of the Secretary of Labor 41 CFR 60-1 and 60-2 have been developed and are on file. ARTICLE 26. CONTROL OF SUBSTANCE ABUSE The Subrecipient agrees to comply with the terms of 49 CFR Part 653, "Prevention of Prohibited Drug Use in Transit Operations", 49 CFR Part 654, "Prevention of Alcohol Misuse, and 49 CR Part 40 "Procedures for Transportation Workplace Drug and Alcohol Testing Programs". The requirements shall include but not be limited to: A. Producing any documentation necessary to establish its compliance with 49 CFR Part 653, "Prevention of Prohibited Drug Use in Transit Operations", 49 CFR Part 654, "Prevention of Alcohol Misuse, and 49 GFR Part 40 "Procedures for Transportation Workplace Drug and Alcohol Testing Programs". B. Permitting any authorized representative of the U. S. Department of Transportation or the State to inspect the facilities, testing processes and procedures, and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Part 653, "Prevention of Prohibited Drug Use in Transit Operations", 49 CFR Part 654, "Prevention of Alcohol Misuse, and 49 CFR Part 40 "Procedures for Transportation Workplace Drug and Alcohol Testing Programs". C. The Subrecipient will certify compliance with 49 CFR Part 653, "Prevention of Prohibited Drug Use in Transit Operations", 49 CFR Part 654, "Prevention of Alcohol Misuse, and 49 CFR Part 40 "Procedures for Transportation Workplace Drug and Alcohol Testing Programs" on or before each monitoring period, using the certification form furnished by the State. ARTICLE 27. FEDERAL PRIVACY ACT The Subrecipient will comply with and assures the compliance of its employees with the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC Page 14 of 24 §552x. The Subrecipient will not operate a system of records on behalf of the federal government without the express consent of the State and Federal Government. A. The Subrecipient understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying grant agreement. B. The Subrecipient also agrees to include these requirements in each subcontract to administer any system of records on behalf of the federal government financed in whole or in part with federal assistance provided by FTA. ARTICLE 28. SPECIAL PROVISIONS FOR CONSTRUCTION OR REPAIR CONTRACTS A. The Contractor agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC, Part 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5). B. The contractor agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). C. The contractor agrees to comply with the provisions of the Davis -Bacon Act (40 USC 176a to 9-7) as supplemented by Department of Labor regulations (29 CFR, Part 5). D. The terms of the Department of Transportation regulations "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs" 49 CFR Part 25 are applicable to this Contract. E. The contractor shall cause to be erected at the site of construction, and maintained during construction, signs satisfactory to the State and the United States Department of Transportation identifying the project and indicating that the Government is participating in the development of the project. ARTICLE 29. CLEAN AIR AND WATER If the grant agreement exceeds $100,000, the Subrecipient will comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 7401 et. seq.); Section 508 of the Clean Water Act (33 U.S.C. 1368); Executive Order 1173$; and Environmental Protection Agency regulations (40 CFR, Part 15). The Subrecipient further agrees to report violations to the State. ARTICLE 30. ENERGY EFFICIENCY The Subrecipient will recognize standards and policies relating to energy efficiency which may be contained in a State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (PL. 94-163). Page 15 of 24 ARTICLE 31. PROHIBITED ACTIVITIES A. Neither the Subrecipient nor any subcontractor shall use federal or state assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress or the Texas Legislature. B. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this grant agreement or to any benefit arising therefrom. C. No member, officer or employee of the Subrecipient during his tenure or one year thereafter shall have any interest, direct or indirect, in this grant agreement or the proceeds thereof. D. Texas Transportation Commission policy mandates that employees of the Texas Department of Transportation (TxDOT) shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this grant agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of TxDOT's Executive Director. Any persons doing business with or who may reasonably speaking do business with the State under this grant agreement may not make any offer of benefits, gifts or favors to TxDOT employees, except as mentioned here above. Failure on the part of the Subrecipient to adhere to this policy may result in the termination of this grant agreement. E. The Subrecipient will comply with Texas Government Code, Chapter 573, by insuring that no officer, employee or member of the Subrecipient's governing board or of the Subrecipient's contractors or subcontractors shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two (2) years prior to the election or appointment of the officer, employee, governing body member related to such person in the prohibited degree. ARTICLE 32. PUBLIC INFORMATION The Subrecipient will insure that all information collected, assembled or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552 unless otherwise expressly provided by law. ARTICLE 33. OPEN MEETINGS The Subrecipient will comply with Texas Government Code, Chapter 551, which requires all regular, special or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 34. DEBT TO THE STATE. Page 16 of 24 If the comptroller is currently prohibited from issuing a warrant to Subrecipient because of a debt owed to the state, then the Subrecipient agrees that any payments owing under the contract will be applied towards the debt or delinquent taxes until the debt or delinquent taxes are paid in full. ARTICLE 35. DELINQUENT TAX CERTIFICATION Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil Statutes, which prohibits the State from awarding a grant agreement to a corporation that is delinquent in paying taxes under Chapter 171, Tax Code, the Subrecipient hereby certifies that it is not delinquent in its Texas franchise tax payments, or that it is exempt from or not subject to such tax. A false statement concerning the Subrecipient's franchise tax status shall constitute grounds for cancellation of the grant agreement at the sole option of the Sta ARTICLE 36. INDEMNIFICATION A. To the extent permitted by law, the Subrecipient shall indemnify and save harmless the State from all claims and liability due to activities of its agents, employees or volunteers performed under this agreement and which result from an error, omission or negligent act of the Subrecipient or of any person employed by the Subrecipient. B. To the extent permitted by law, the Subrecipient shall also save harmless the State from any and all expenses, including attorney fees, which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as a result of activities by the Subrecipient, its agents, employees or volunteers. C. To the extent permitted by law, the Subrecipient agrees to protect, indemnify, and save harmless the State from and against all claims, demands and causes of action of every kind and character brought by any volunteer or employee of the Subrecipient against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subrecipient. D. The Subrecipient acknowledges that it is not an agent, servant or employee of the State and that it is responsible for its own acts and deeds and for those of its agents, employees or volunteers during the performance of the grant agreement. ARTICLE 37. INTELLECTUAL PROPERTY RIGHTS If any invention, improvement or discovery of the Subrecipient or any of its subcontractors is conceived or first actually reduced to practice in the course of or under this grant, which invention, improvement or discovery may be patentable under the Patent Laws of the United States of America or any foreign country; and if said invention, improvement or discovery has not already become the property of the State, the Subrecipient shall immediately notify the State and provide a detailed report. The rights and responsibilities of the State, the Subrecipient, any subcontractor and the United States Government with respect to such invention will be determined in accordance with applicable laws, regulations, policies and any waivers thereof. Further, the Subrecipient shall comply with the provisions of 41 CFR, Part 1-9. The State and the US Department of Transportation shall have the royalty -free, non-exclusive and irrevocable right Page 17 of 24 to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. ARTICLE 38. COMPLIANCE WITH LAWS The Subrecipient shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this grant, including without limitation workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subrecipient shall furnish the State with satisfactory proof of compliance therewith. ARTICLE 39. PATENT RIGH`T'S If any invention, improvement or discovery of the Subrecipient or any of its subcontractors is conceived or first actually reduced to practice in the course of or under this project, which invention, improvement or discovery may be patentable under the Patent Laws of the United States of America or any foreign country; and if said invention, improvement or discovery has not already become the property of the State under Article MC above; the Subrecipient shall immediately notify the State and provide a detailed report. The rights and responsibilities of the Subrecipient, subcontractors and the United States Government with respect to such invention will be determined in accordance with applicable Federal laws, regulations, policies and any waivers thereof. Further, the Subrecipient shall comply with the provisions of 41 CFR, Part 1-9. ARTICLE 40. COPYRIGHTS The State and the United. States Department of Transportation shall have the royalty -free, non- exclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, the work for government purposes. ARTICLE 41. NONCOLLUSION The Subrecipient warrants that it has not employed or retained any company or person, other than a bona fide employee working for the firm, to solicit or secure this grant, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award or making of this grant. If the Subrecipient breaches or violates this warranty, the State shall have the right to annul this agreement without liability or, at its discretion, to deduct from the grant price or consideration, or otherwise recover, the full amount of such fee, commission, brokerage fee, gift, or contingent fee. ARTICLE 42. RESTRICTIONS ON LOBBYING Page 18 of 24 Pursuant to Section 31 U.S.C. 1352, 49 CFR Part 19 and 49 CFR Part 20, Subrecipients who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20 which generally prohibits recipients of federal funds from using those monies for lobbying purposes. When applicable, the Subrecipient will furnish the State the required certification. ARTICLE 43. SUSPENSION AND DEBARMENT The terms of the Department of Transportation regulation, "Suspension and Debarment of Participants in DOT Financial Assistance Programs," set forth in Executive Order 12549 and implemented by 49 CFR Part 29, are applicable to this grant agreement. Furthermore, any contractor employed by the Subrecipient is also bound by the terms of 49 CFR Part 29 and must. complete a Lower Tier Participant Debarment Certification. The Subrecipient warrants that the debarment certification furnished as part of the application is current and valid. ARTICLE 44. NONDISCRIMINATION During the performance of this Grant agreement, the Subrecipient, for itself, its assignees and successors in interest agrees as follows: 1. Compliance with Regulations: The Subrecipient shall comply with the regulations relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation (hereinafter U.S. DOT) 49 CFR Part 21 and with 23 CFR Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulation), which are herein incorporated by reference and made a part of this grant agreement. 2. Nondiscrimination: The Subrecipient, with regard to the work performed by it during the grant agreement, shall not discriminate on the grounds of race, color, sex, creed , age or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Subrecipient shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the grant agreement covers a program set forth in Appendix B of the Regulation. 3. Solicitation for Subgrant agreements, Including Procurement of Materials and E ui ment: In all solicitations either by competitive bidding or negotiation made by the Subrecipient for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Subrecipient of the Subrecipient's obligations under this grant agreement and the Regulation relative to nondiscrimination on the grounds of race, color, sex, creed, age or national origin. 4. Information and Reports: The Subrecipient shall provide all information and reports required by the Regulation 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 State or the Federal Transit Administration (FTA) to be pertinent to ascertain compliance with such Regulation, orders and instructions. Where any information required of a Subrecipient is in the exclusive possession of another who fails or refuses to furnish this Page 19 of 24 information, the Subrecipient shall so certify to the State, or the Federal Transit Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Subrecipient's noncompliance with the nondiscrimination provisions of this grant agreement, the State shall impose such sanctions as it or the Federal Transit Administration may determine to be appropriate, including, but not limited to: • Withholding of payments to the Subrecipient under the grant agreement until the Subrecipient complies; and/or • Cancellation, termination or suspension of the grant agreement, in whole or in part. 6. Incorporation of Provisions: The Subrecipient shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulation, or directives issued pursuant thereto. The Subrecipient shall take such action with respect to any subcontract or procurement as the State or the Federal Transit Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Subrecipient may request the State to enter into such litigation to protect the interests of the State, and, in addition, the Subrecipient may request the United States Department of Transportation to enter into such litigation to protect the interests of the United States. ARTICLE 45. PROGRAM INCOME Except for income from royalties and proceeds from the sale of real property or equipment, the Subrecipient shall retain program income and apply such income to allowable capital or operating expenses_ Program income from royalties and proceeds from sale of real property or equipment shall be handled as specified in 49 CFR Part -18 - Uniform Administrative Requirements For Grants And Cooperative Agreements To State And Local Governments, Sections 18.25 Program Income; 18.31 Real Property; 18.32 Equipment; and 18.33 Supplies or 49 CFR Part -19 -Uniform Administrative Requirements For Grants And Agreements With Institutions Of Higher Education, Hospitals, And Other Non -Profit Organizations, Sect. 19.24 Program income, 19.32 Real property, 19.33 Federally -owned and exempt property, and 19.34 Equipment. A. .The Subrecipient shall comply with standards governing the receipt and application of program income as set forth in 49 CFR 18.25, Program Income. Program income means gross income received by the Subrecipient directly generated by a grant supported activity, or earned only as a result of this grant agreement during the time period specified in Article 1, Grant Period. B. Program income includes income from fees for services performed, from the use or rental of real or personal property acquired with grant funds, from the sale of commodities or items fabricated under a grant agreement, and from payments of principal and interest on loans made with grant funds. Except as otherwise provided in federal regulations, program income Page 20 of 24 does not include grant funds, rebates, credits, discounts, refunds, and the interest earned on any of these receipts. ARTICLE 46. SUCCESSORS AND ASSIGNS The Subrecipient binds himself, his successors, assigns, executors and administrators in respect to all covenants of this agreement. The Subrecipient shall not sign, sublet or transfer his interest in this agreement without the written consent of the State. ARTICLE 47. 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 48. CHANGES IN FEDERAL REGULATIONS As a recipient of federal funds, the Subrecipient is required to comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the agreement (Form FTA MA (6) dated October, 1999) between the State and FTA, as they may be amended or promulgated from time to time during the term of this grant agreement. Subrecipient's failure to so comply shall constitute a material breach of this grant agreement. ARTICLE 49. 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 50. INCORPORATION OF FEDERAL REQUIREMENTS This grant agreement includes terms and conditions required by the U.S. Department of Transportation. The preceding provisions include, in part, certain Standard Terms and Conditions required by the USDOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by the USDOT, as set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. Page 21 of 24 ARTICLE 51. SIGNATORY WARRANTY The undersigned signatory for the Subrecipient hereby represents and warrants that he/she is an officer of the organization for which he/she has executed this agreement and that he/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 Certified as being executed 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 under the authority of Minute Order(s) 108224, 1081". APPROVED `Z Carl U. ey Lubbock District Engineer RECIPIENT The City of Lubbock Bya-aA Windy Sitton Mayor Date: October 26, 2000 APPROVED AS TO CONTENT: l� Richard Burdine Assistant City Manager Page 22 of 24 Date ATTEST: /64 ayth' City S E illiam de Haas Competition & Contract Manager Resolution No. 2000- R0388 ATTACHMENT A APPROVED PROJECT DESCRIPTION SUBRECIPIENT: City of Lubbock STATE PROJECT NO.: VCR 0101(05) MISC. CONTRACT NO.: 51105F6006 Eligible Program Expenses: Type 16 Maximum Federal Funds: $778,146.00 Maximum Toll Credits: 162,683 Milestones: Capital Investment Grants and Lams (49 U.S.C. §5309) Invitation for Bid (IFB) Issued: No later than sixty (60) days from the effective date of grant agreement. Bid Opening Date: No later than sixty (60) days after the issuance of the IFB all bids are due and publicly opened. Purchase Order Issued: No later than thirty (30) days after the opening of an acceptable bid. Request for Reimbursement Submitted to the Department: No later than 45 days after receipt of budgeted expenditure. By; Date: 10 For: City of Lubbock Page 23 of 24 ATTACHMENT B ESTIMATED PROJECT BUDGET Subrecipient: City of Lubbock State Project No.: VCR 0101(05) Misc. Contract No.: 51105F6006 Effective Date: October 1, 2000 Project Completion Date: October 31, 2001 Category ALI Code Capital 11.12.03 Planning Operating Scholarship Project Totals Description Type 16 No Budgeted Items No Budgeted Items No Budgeted Items Resolution No. 2000-RO388 Capital Investment Grants And Loans (49 U.S.C. §5309) No. Total Federal Toll Credits Local Units 1 $972,683.00 $778,146.00 162,683 $31,854.00 $972,683.00 $778,146.00 162,683 $31,854.00 TO: Richard Burdine, Assistant City Manager FROM: John L. Wilson, General Manager DATE: October 5, 2000 SUBJECT: Agenda Comments for City Council Meeting on October 26, 2000 CITY OF LUBBOCK AGENDA ITEM SUMMARY II. CONSENT AGENDA ITEM #/SUBJECT: # Consider a resolution authorizing the Mayor to execute Contract No. 51105F-6006 with the Texas Department of Transportation (TxDOT) for the purchase of replacement buses. BACKGROUND DISCUSSION: TxDOT is allocating $778,146.00 of Federal Transit Administration -Section 5309 Capital Investment Program Funds. These funds are being provided for capital assistance to the City of Lubbock for the purchase of replacement buses. With the allocation of 162,683 Toll Credits there will be no local share of funds required, unless the bus replacement cost exceeds $778,146.00. Should the cost of bus replacement exceed the funds provided, the additional cost would come from the Citibus budget that has been previously reviewed by City Council. The Grant Agreement "begins after both parties have signed or October 1, 2000, whichever is the latest and ends on October 31, 2001." Acceptance of this grant will result in no additional cost to the City of Lubbock. SUMMARY/RECOMMENDATION: Citibus recommends the approval of Contract No. 51105F-6066.