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HomeMy WebLinkAboutPR 16033: TRANSIT GRANT CONTRACT WITH TXDOT INTEROFFICE MEMORANDUM TO: STEVE FITZGIBBONS, CITY MANAGER FROM: COLLEEN RUSSELL, DIRECTOR OF PLANNING suBJECr: P.R. NO. 16033 — TRANSIT GRANT CONTRACT WITH TROT DATE: 08/06/2010 RECOMMENDATION: I recommend that Proposed Resolution No. 16033 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 2011 in the amount of $295,224. BACKGROUND: Each year 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 $295,224. All of this amount will be used for regular operation costs for the city's transit system. This year's allocation represents a 4.7% decrease from the $309,750 grant from TxDOT for Fiscal Year 2010. 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. 16033 be approved. This resolution would authorize an agreement for and acceptance of $295,224 from the Texas Department of Transportation for Port Arthur Transit. 1 08/06/2010 PEB RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2011 OPERATING ASSISTANCE FOR THE CITY OF PORT ARTHUR TRANSIT SYSTEM. P.R. No. 16033 WHEREAS, the Texas Department of Transportation has allocated $295,224 to the City of Port Arthur for financial assistance for the operation of Port Arthur Transit during Fiscal Year 2011 (Oct. 1, 2010 to Sept. 30, 2011); 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. 2010, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: P.R. NO. 16033 08/06/2010 Page 2 of 2 Mayor ATTEST: City Secretary APPROVED AS TO FORM \(atc --- City Attor APPROVED FOR ADMINISTRATION: City Manager di fjp K 1 Q-t-e----r 411 1 . ctor of Plann ig 0 1 / __Cs--21.4----C,---ai-11-6 -?177 Director of Finance Exhibit "A" • Project Grant STATE Agreement # URB 1102( 20) RECIPIENT: City of Port Arthur STATE /LOCAL PUBLIC TRANSPORTATION (SECTION 5307) GRANT AGREEMENT - PROJECT GRANT AGREEMENT NO.: URB 1102( 20) STATE PROJECT #: 51120F7070 SERVICE AREA: City of Port Arthur MASTER GRANT AGREEMENT # 517XXF7060 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § STATE /LOCAL URBAN PUBLIC TRANSPORTATION FISCAL YEAR 2011 PROJECT GRANT AGREEMENT THIS PROJECT GRANT AGREEMENT f Transportation, hereinafter al the tState,' Texas, acting through the Texas Department 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 2011 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 112301; 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 PERIOD This PGA becomes effective when fully executed by both parties, but in no event before September 1, 2010. This PGA shall remain in effect until August 31, 2011, unless terminated or otherwise modified in an Amendment. This PGA will not be considered fully executed until both parties have executed ds PGA cannot be extend the MGA without a MG, and the Pa I to the State. The time period of this City of Port Arthur State Project #.: 51120F7070 State 5307 SLUPT Page 1 of 6 Rev. 7/2010 Project Grant Agreement # URB 1102( 20) exception. Any cost incurred before or after the contract period shall be ineligible for reimbursement. ARTICLE 2. PROJECT DESCRIPTION The Recipient shall commence, carry out and complete the public transportation roved Project Description, described in the GA Pa � / a r son sound, economical t h and efficient manner. with all practicable dispatch, The Recipient shall carryout the public transportation project t in descri c'e t the alAl of Part I the and the attached Attachment A - Approved Project Description documents associated with the MGA, and with all applicable federal and state laws and/or 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 referenced Live date of this grant agreement for the purchase of the approved line item(s) 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 later review h proposals. The Recipient shall enter into a binding agreement with a supplier (30) days after the opening of an acceptable bid or p these deadlines. Rec Recipient shall notify the department in writing when it is necessary to ARTICLE 3. COMPENSATION The maximum amount payable under this PGA without a purposes $295,224 provided zed in e are made in accordance with the amounts 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, Beaumont District PTN -PTC Texas Department of Transportation 8350 Eastex Frwy. Beaumont, Texas 77708 ARTICLE 4. AMENDMENTS Except as noted in the MGA, changes in the scope, objectives, cost or duration tion of hereto before authorized d tioditional so k be enacted be performed t or additional costs incurred . amendment so before adnal work y approved must be executed by both parties within the grant period specified in the MGA Article 1, Grant Time Period. ARTICLE 5. STATE AUDIT The state auditor may conduct an audit or investigation obany entity t receiving contract. Acceptance the state directly under the contract or indirectly through a s Acceptance of funds directly under the contract or indirectly state audit o ug d the direction subcontract of under this contract acts as acceptance of the authority of the those legislative audit committee, to conduct an di investigation mu must provide the auditor funds. An entity that is the subject of an audit with access to any information the state auditor considers relevant to the investigation or State Project #.: 51120F7070 City of Port Arthur Page 2 of 6 Rev. 7/2010 State 5307 SLUPT P roject Grant Agreement # URB 1102( 20) audit. ARTICLE 6. NEPOTISM DISCLOSURE A. In this section the term relative means: (1)a person's great grandparent, grandparent, parent, aunt or uncle, sibling, niece or nephew, spouse, child, grandchild, or great grandchild, or (2)the grandparent, parent, sibling, child, or grandchild of the persons spouse. B. A notification required by this section shall be submitted in writing to the person designated to receive official notices under this Division, Texas Department of Traas Contract Services Section, General Service s D 125 East 11th Street, Austin Texas 78701 • the The d �otification,he contract tspecify f Recipient's mber, the name, the name of the person who submitted division, or office of TxDOT that is principal responsible employee on the project, the relevant Recipient employee, the expected role of the Recipient the name of the TxDOT employee who is a relative the Rci d the a , the e title of the TxDOT employee, the work location of the TxDOT employee, relationship. C. By executing this contract, the Recipient is certifying that the Recipient does not have any knowledge that any of its employees or relative that r by TxDOT unless the expected to work under this contract have a Recipient has notified TxDOT of each instance as required by subsection (b). D. If the Recipient learns at any time that its empyees or s colt act have that relat� e who is employed of a subcontractor who are performing w ork under employed by TxDOT, the Recipient shall notify TxDOT under subsection (b) of each instance within thirty days of obtaining that knowledge. E. If the Recipient violates this section, TxDOT may terminate the contract immediately for cause, may impose any sanction permitted by law, and may pursue any other remedy permitted by law. ARTICLE 7. SUCCESSORS AND ASSIGNS executors and administrators in The Recipient binds themselves, their successors, assigns, respect to all covenants of this agreement. The Recipient the Stlil not sign, sublet or transfer their interest in this agreement without the written consent ARTICLE 8. LEGAL CONSTRUCTION In case any one or more of the provisions contained in hi su ghe legality or reason be held to be invalid, illegal or unenforceable in any respect, unenforceability shall not affect any other provision orceable provision had Heger been bed construed as if such invalid, illegal or unenforceable State Project #.: 51120F7070 City of Port Arthur Page 3 of 6 Rev. 712010 State 5307 SLUPT Project Grant Agreement # URB 1102( 20) ARTICLE 9. 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 10. INCORPORATION OF PROVISIONS Attachments are attached hereto and incorporated into this contract as if fully set forth herein. ARTICLE 11. 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 CITY OF PORT ARTHUR 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, By: established policies or work programs heretofore approved Signature of Authorized Officer and authorized by the Texas Transportation Commission. Steve Fitzgibbons Typed, Printed or Stamped Name By: Anthony Cochran Title: City Manager , Beaumont District PTN -PTC Date: Date: List of Attachments A - Approved Project Description B - Master Budget Page City of Port Arthur State Project #.: 51120F7070 State 5307 SLUPT Page 4 of 6 Rev. 7/2010 Project Grant Agreement # URB 1102 (20) ATTACHMENT A APPROVED PROJECT DESCRIPTION The application for State assistance, as submitted to the State, is hereby incorporated into this agreement. In addition, the specific project description is inserted below. All 5307 funds received by the City of Port Arthur and Port Arthur Transit through this grant from the Texas Department of Transportation will be used for regular transit operational expenditures. City of Port Arthur State Project # 51120F7070 State 5307 SLUPT Page 5 of 6 Rev. 7/20/10 Project Grant Agreement # URB 1102 (20) ATTACHMENT B MASTER BUDGET PAGE Copy of Electronic Budget Page is inserted after this page City of Port Arthur State Project # 51120F7070 State 5307 SLUPT Page 6 of 6 Rev. 7/20/10 Public Transpprtation Budget- Attachment B Port Arthur T ,e De o/ Transportation Select Fiscal Year —> FY 2009 Legend Federal Share Calcustor §5307 Port Arthur §5307 Totals Federal State Local Federal State Local DropDowns Locked Cell Project # _ Data Entry Grant # Title Cells 'Texas Start Date Department End Date e Transportati°n Entry Date Quantity 8 Total of All §5307 5307 §5307 5307 Cumulative Description ALI Fuel Type Programs Federal State Local Subtotal Federal State Local Subtotal 5307 Total Preventive Maintenance 11.7A.00 Purchase of Service 11.71.13 P reventive Maintenance -5310 Only 11.7A.00 Purchase of Service -5310 Only 11.71.13 All Other 5310 Capital Capital Subtotal Section III: Planning)! Admin. Costs Federal State Local Subtotal Federal State Local Subtotal Total Administration Costs Planning Costs Total Admia /Pianning Costs Section IV: Operating Costs Federal State Local _ Subtotal Federal State Local Subtotal Total Gross Operating 590448 295,224 295,224 590,448 590,448 Farebox Revenue Net Operating 590,448 295.224 95,224 590,448 590,448 Transit Sudget §5307 5307 §5307 5307 Cumulative Total Transit Budget I Total Federal State 295,224 25,Federal State Local Subtotal 5307 Total 590, 295, _ 590,448 Section VI: Summary Source of Local Funds Amount General Fund 295,224 Total of Local Funds _ 295,224 Enter Comments Below. This local amount represents the minimum city contribution to satisfy the required 50/50 match. The actual operation budget will likely exceed this amount which will result in a greater local contribution. 8/12/2010 1