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HomeMy WebLinkAboutPR 15443: TRANSIT GRANT CONTRACT WITH TXDOTINTEROFFICE MEMORANDUM To: STEVE FITZGIBBONS, CITY MANAGER FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING ~-- suEJECr: P.R. NO. 15443 -TRANSIT GRANT CONTRACT WITH TOOT DATE: 08/17/2009 RECOMMENDATION: I recommend that Proposed Resolution No. 15443 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 2010 in the amount of $309,750. BACKGROUND: Each yeaz the city of Port Arthur is allocated funding from the Texas Public Transportation Fund for operation of Port Arthur Transit System. This year's allocation is for $309,750. All of this amount will be used for regular operation costs for the city's transit system. This yeaz's allocation represents a 10% decrease from the $344,167 grant from TxDOT for Fiscal Yeaz 2009. BUDGETARY/FISCAL EFFECT: State transit grant funds require an equal local share match, which is otherwise known as a 50/50 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 $309,750 from the Texas Department of Transportation for Port Arthur Transit. 1 P.R. No. 1443 08/17/2009 PEB RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2010 OPERATING ASSISTANCE FOR THE CITY OF PORT ARTHUR TRANSIT SYSTEM. WHEREAS, the Texas Department of Transportation has allocated $309,750 to the City of Port Arthur for financial assistance for the operation of Port Arthur Transit during Fiscal Yeaz 2010 (Oct. 1, 2009 to Sept. 30, 2010); now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Manager is hereby authorized to enter into an agreement with the Texas Department of Transportation for financial assistance for the operation of Port Arthur Transit, 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 August, 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. 15443 08/17/2009 Page 2 of 2 Mayor ATTEST: City Secretary APPROVED AS TO FORM: ~, ~ E i n ~~ 1 ~ J~ . ~;' n City Attorney ~' t~ ,l~.h~~ ~~;~ i APPROVED FOR ADMINISTRATION: City Managei i for of PI nning Director of Finance Exhibit A RECIPIENT: City of.Port Arthur STATElLOCAL PUBLIC TRANSPORTATION (SECTION 5307) GRANT AGREEMENT- STATE FUNDS PROJECT GRANT AGREEMENT NO.: URB 1002( 20) STATE PROJECT #: 51020F7060 SERVICE AREA: Ciry of Port Arthur MASTER GRANT AGREEMENT # 517XXF7060 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § STATE/LOCAL URBAN PUBLIC TRANSPORTATION FISCAL YEAR 2040 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 Fiscal Year 2010 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 111847; and, WHEREAS, the Recipient must execute a GA Part I 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. NOW, 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 PERIOb This PGA becomes effective when fully executed by both parties or on September 1, 2009 whichever is later, This PGA shall remain in effect until August 31, 2010 unless terminated or otherwise modified in an Amendment. This PGA will not be considered fully executed until both parties have executed a MGA, and the Recipient has submitted the GA Part I to the State. The time period of this PGA cannot be extended past the MGA without exception. Any cost incurred before or after the contract period shall be ineligible for reimbursement.. Clty o} Port Arthur .: URB 1002( 20) ARTICLE 2. PROJECT DESCRIPTION The Recipient shall commence, carry out and complete the public transportation project described in the GA Part land/or the attached Attachment A -Approved Project Description, with all 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 all of the documents associated with the MGA, and with all applicable federal and state laws and/or regulations. tf applicable, the Recipient shall begin competitive procurement procedures by issuing an invitatioh 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 (60) 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 (30) 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 $309,750 provided that expenditures are made in accordance with the amounts and for the purposes authorized in the GA Part I and the Attachment B -Master Project Budget. The original and one copy of the invoice is to be submitted to the following address: Anthony Cochran, Public Transportation Coordinator Texas Department of Transportation 8350 Eastex Freeway Beaumont, Texas 777Q8 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 the MGA Article 1, Grant Time Period. ARTICLE 5. SUCCESSORS AND ASSIGNS The Recipient binds themselves, their successgrs, 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 provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had -never been contained herein. City of Port Arthur .: URB 1002( 20) 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 S. 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 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. ey: Anthony Cochran, Public Transportation Coordinator (Beaumont) CITY OF PORT ARTHUR ey: Signature of Authorized Officer Typed, Printed or Stamped Name Title: Date: Date: List of Attachments A -Approved Project Description B -Master Budget Page City of Port Arthur .: URB 7002( 20) 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: The $309,750 awarded in this contract will be used for operational expenses for Port Arthur Transit during the Fiscal Year 2010 (Oct. 1, 2009 to Sept. 30, 2010). ATTACHMENT B MASTER BUDGET PAGE • Port Arthur - riw ~~ S elect Focal Ypr--~ r r two 7 Legend F..~ar mare Cda AalOr ~ Federal Stall Local Federal State Local Totals ~~ ., Dowrte Locked GII Pro ect # Grant # Data En Start Dab TkN Glls Tease peparbnenr End Dab o/ lranapwr~Elon En Data 507 6307 Cumulathre tittarttltY i Tool of All ~7 6307 o l Federal Stab Local Subtoal 6307 Total ALI Fit TYP.4 Pro4~ Federal S~ Loin a Subt Description pryvenNw Metntenancs 11.7A.00 Purctwse of 5srvioe 11.71.13 11.TA.00 11.71.13 Ga ital Subtotal Sl b Local Subtotal Federal Sate Local Subtobl . Federal a Admintatratlon Costs Pisnnlnp Costa Total AdmMlPlanM Costa ~~ Spte Loch Subtobl Federal Sblb Lagl SuEROW Total 309 T50 Gross 309 750 309,750 309,750 Farobox Rewnw 750 309 309,75 0 309,760 Mat 309.750 , 6507 7 6307 Cumulatlw Federal ~ State Local Subtotal Federal State Local Subtotal 6307 Total ,760 r..tir T.....N rt~..re.ar 309,750 - 309,76D - 309,760 fi`ZG~W~