HomeMy WebLinkAboutResolution - 2020-R0280 - Transportation Development Credit Agreement, Project TDC 1801 (5)Resolution No. 2020-RO280
Item No. 7.13
August 25, 2020
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock, or his designee, is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a Transportation Development Credits
Agreement for the provision of State funding credits for TxDOT Project No. TDC 1801
(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 August 25, 2020
DANIEL M. POPE, MAYOR
ATTEST:
Re e ca Garza, City Sec"
APPROVED AS TO CONTENT:
Bill Wwerton, Deputy Manager
APPROVED ASTO FORM:
Ryan B oke, ssistant City Attorney
RES. Agreement - l'xDCrr Development Credits Agreement - Citibus & TxDOT Project TDC 1801 (05)
8. 1020
Resolution No. 2020-RO280
AGREEMENT: PUBLIC TRANSPORTATION - TRANSPORTATION DEVELOPMENT CREDITS (TDC)
SUBRECIPIENT: Lubbock, City of
TXDOT PROJECT #: TDC 1801 (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 115005
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 August 2, 2018, to the
City of Lubbock for the Lubbock urbanized area for the specific project as identified in this
application.
NOW THEREFORE, the State and Subrecipient agree as follows:
AGREEMENT
ARTICLE 1. GRANT TIME PERIOD
This TDC Agreement becomes effective when fully executed by both parties or on 08/06/2020,
whichever is later. This TDC Agreement shall remain in effect until 12/31/2022, unless terminated or
Lubbock, City of TXDOT PROJECT#:TDC 1801 (05)
Transportation Development Credits Page 1 of 4 Revised 01/23/2014
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 110,160
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 TXDOT PROJECT#:TDC 1801 (05)
Transportation Development Credits Page 2 of 4 Revised 01/23/2014
THIS AGREEMENT IS EXECUTED by the State and the Subrecipient in duplicate.
THE SUBRECJI?IENT
Signature
Daniel M. Pope, Mayor
Title
August 25, 2020
Date
THE STATE OF TEXAS
Signature
Public Transportation Coordinator
Title
Date
List of Attachments
A —Approved Project Description
Lubbock, City of TXDOT PROJECT#:TDC 1801 (05)
Transportation Development Credits Page 3 of 4 Revised 01/23/2014
ATTACHMENT A
APPROVED PROJECT DESCRIPTION
The City of Lubbock received Section 5339 Bus & Bus Facilities 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
$734,397 distributed by FTA for vehicles The federal funds were awarded under grant number
TX-2020-160-00.
Lubbock, City of TXDOT PROJECT#:TDC 1801 (05)
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