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Home My WebLink AboutPR 15056: TRANSIT GRANT CONTRACT WITH TXDOTINTER®FFICE MEMOIIANDUM To: STEVE FITZGIBBONS, CITY MANAGER FxoM: COLLEEN RUSSELL, DIRECTOR OF PLANNING suelECr: P.R NO. 15056 -TRANSIT GRANT CONTRACT WITH TXDOT onTE: 01/07/2009 RECOMMENDATION: I recommend that Proposed Resolution No. 15056 be approved. This resolution would authorize the City Manager to enter into an agreement with the Texas Department of Transportation for transit operating funds for Fiscal Year 2009 in the amount of $344,167. BACKGROUND: Each year the City of Port Arthur is allocated funding from the Public Transportation Fund for operation of Port Arthur Transit System. This year's allocation is for $344,167. All of this amount will be used for regular operation costs for the city's transit system. This year's allocation represents a 12.5% increase over the $305,967 grant from TxDOT for Fiscal Year 2008. BUDGETARY/FISCAL EFFECT: State transit grant funds require an equal local share match, which is otherwise known as a 50 percent local shaze match for transit system operational costs. STAFFING/EMPLOYEE EFFECT None SUMMARY I recommend that Proposed Resolution No. 15056 be approved. This resolution would authorize an agreement for and acceptance of $344,167 from the Texas Department of Transportation for Port Arthur Transit. 1 P.R No. 15056 01/07/2009 PEB RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION .FOR FISCAL YEAR 2009 REGARDING PORT ARTHUR TRANSIT SYSTEM OPERATING FUND ASSISTANCE. WHEREAS, the Texas Department of Transportation allocated $344,167 on Aug. 28, 2008 to the City of Port Arthur for fmancial assistance for the operation of Port Arthur Transit; WHEREAS, due to time constraints, the City Manager was required to execute the attached Exhibit "A" in order to expedite receipt of the above mentioned state funds; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Council hereby authorizes the City Manager's execution of an agreement with the Texas Department of Transportation for financial assistance for the operation of Port Arthur Transit with a 50 percent match by the City of Port Arthur in substantially the same form as attached hereto as Exhibit "A;" THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this day of Jariuazy, A.D. 2009, at a Regulaz Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: P.R. NO.15056 01/07/2009 Page 2 of 2 ATTEST: Mayor City Secretary APPROVED AS TO FORM: City Attorn ~ a ~ ~~F APPROVED FOR ADMINISTRATION: City Manager Director of Planning APPROVED AS TO AVAILABILITY OF FUNI-S: Director of Finance Exhibit A .... ..--- r.~ RECIPIENT: City of Pori ARhur _ STATE/LOCAL PUBLIC TRANSPORTATION (SECTION 530T GRP.NT AGREEMENT -STATE PROJECT GRANT AGREEMENT NO.: UR3l'1<302( 20j STATE PROJECT #:51920F7D6D SE.4VICE AREA: City of Port Arthur MASTER GRANT AGREEMENT # 517XXF7000 THE STATE OF TEXAS § THE COUNTY OF TRANS § STATElLOCAL URBAN PUBLIC TRANSPORTATION FISCAL YEAR 2009 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 Port Arthur, hereinafter called the "Recipient" WITNESSETH WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Recipient 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 Recipient, as a 49 U.S.C. Section 5307 urban provider, submitted a FScaI Year 2009 Grant Application, Part I (GA Part I) for state financial assistance to be used to provide transportation services; and, WHEREAS, the Texas Transportation Commission has approved Minute Order Number 111394; and, WHEREAS, the Recipient must execute a GA Part 1 at the start of each fiscal year grant period for consideration for new state grants; and, WHEREAS, a Master Grant Agreement (MGA) between the Recipient and the State has been adopted and states the general terms and conditions for grant projects developed through this PGA. MOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Recipient hereto agree as follows: AGREEMENT ARTICLE 1. GRANT TIME PERIOD I This PGA becomes effective when fully executed by both parties or on September i, 2008, whichever is later. This PGA shall remain in effect until August 31, 2009, unless terminated or othervfise modified in an Amendment. This PGA wi(I not be considered fully executed until both parties have executed a MGA, and the Recipient has submitted the GA Part I to the Slate. The lime period of this PGA cannot be extended past the MGA without exception. Any oust incurred before or after the contract period shall be ineligible for reimbursement. ARTICLE 2. PROJECT DESCRIPTION The Reapient shall commence, carry out and complete the public transportation project described in the GA Part l andJar the attached Attachment A -Approved Project Description, with aft practicable dispatch, in a sound, economical and efficient manner. The Recipient shall carryout the public transportation project described in the GA Part I and'the attached Attachment A -Approved Project Description in accordance with ail of the documents associated evith the MGA, and with all applicable federal and sfate laws andlor regulations. If applicable. the Recipient 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 -Approved Project Description. No later than sixty (6i)) days after the issuance of public notification, the Recipient shall publicly open all bids or privately review proposals. The Recipient shall enter into a binding agreement with a supplier no later than thirty (3Q) days after the opening of an acceptable bid or proposal. The Recipient 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 $344,167 provided that expenditures are made in accordance with the amounts and for the purposes authorized in the GA Part 1 and the Attachment 8 -Master Project Budget. The original and one copy of the invoice is to be submitted to the following address: Howard Holland, P.E., District Engineer Texas Department of Transportation 8350 Eastex Freeway Beaumont, Texas 77708 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 cos#s incurred. Any amendment so approved must be executed by both parties within the grant period. specified in the MGAArticle 1, Grant Time Period. ARTICLE 5. SUCCESSORS AND ASSIGNS The Recipient binds themselves, their successors, assigns, executors and administrators in respect to all covenants of this agreement. The Recipient 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 provisicn 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 Recipient hereby represents and warrants that he or she is an o`ficer 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 tie executed in duplicate counterparts. THE STATE OF TEXAS Executed for the Executive Diredorand approved ferthe Texas Transportation Commission for the purpose and effect of activa5ng and~'or carrying out the orders, established policies or work programs heretofon: approved and authored 'oy the Texas Transportation Commission. ' Howard Hollan , P.E. Beaumont District Engineer Date: CITY OF PORT ARTHUR By~ / Si oboe of Huihanzed Officer Titl Da' List of Attachments A -Approved Project Description B -Master Budget Page ATTACHMENT A APPROVED PROJECT DESCRIPTION The application for State assistance, as submitted to the State, is hereby incorporated Into this agreement as the project description: These funds will be used for Operating Expenses for Port Arthur Transit. ATTACFIMENT B MASTER PROJECT BUDGET. `+V.7p,70VL0.7 p.7 rte.. avnoos