HomeMy WebLinkAboutPR 16790: RESCINDING RES 11-287 AND EXECUTING PROJECT AGREEMENT WITH TXDOT TO ASSIST WITH BUDGET EXPENDITURES FOR TRANSIT SYSTEM TRANSIT DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Steve Fitzgibbons, City Manager and City Council
FROM: Debra D. Ambroise, Transit Planner
SUBJECT: P.R. NO. 16790- Transit Grant Contract with TxDOT
DATE: December 1, 2011
RECOMMENDATION:
A recommendation is being made to rescind Resolution No. 11 -287 approved July 26, 2011 due
to the allocation of funding being invalid, and approve Proposed Resolution No. 16790. 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- 2012 in the
amount of $311,488.00.
BACKGROUND:
Each year the City of Port Arthur is allocated funding from the Texas Public Transportation
Fund for operation of the Port Arthur Transit System. This year's allocation is for $311,488.00.
All of this amount will be used for regular operation costs for the City's Transit system.
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. 16790 be approved and Resolution No.11 -287 be
rescinded due to the allocation of funding being invalid. This resolution would authorize an
agreement for and acceptance of $311,488.00 from the Texas Department of Transportation for
Port Arthur Transit.
111
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P.R. NO. 16790
12/1/2011 DDA
Page 1 of 3
RESOLUTION NO.
A RESOLUTION RESCINDING RESOLUTION NO. 11 -287
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROJECT GRANT AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION TO ASSIST
WITH FISCAL YEAR 2011 -2012 OPERATING EXPENDITURES
FOR THE CITY OF PORT ARTHUR TRANSIT SYSTEM.
WHEREAS, on July 26, 2011, Council approved Resolution No. 11 -287 authorizing the
City Manager to execute a "Project Grant Agreement with the Texas Department of
Transportation (TxDOT) to assist with Fiscal Year 2011 -2012 Operating Expenditures for the
City of Port Arthur Transit System "; and,
WHEREAS, it is deemed necessary to rescind Resolution No. 11 -287 due to invalid
information regarding the allocation of funds provided to the Transit Department by TxDOT;
and,
WHEREAS, Transportation Code Chapter 455, authorizes the State to assist
the City of Port Arthur Transit System 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 Governor of the State of Texas has designated the Texas
Department of Transportation to allocate $311,488.00 to the City of Port Arthur Transit
Department for financial assistance for operating expenditures for fiscal Year 2011 -2012
(September 1, 2011 to August 31, 2012), delineated by Minute Order Number 112708 as
approved by the Texas Transportation Commission; and,
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P.R. NO. 16790
12/1//2011 DDA
Page 2 of 3
WHEREAS, all 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 operation expenditures; and,
WHEREAS, the Project Grant Agreement becomes effective when fully executed by
both parties and shall remain in effect until August 31, 2012 unless terminated or otherwise
modified in an amendment; and,
WHEREAS, this Project Grant Agreement will not be considered fully executed until
both parties have executed a Master Grant Agreement and the Transit Provider has submitted the
Grant Agreement Part I to the State; and,
WHEREAS, the City of Port Arthur Transit Department has provided all necessary
documentation required to receive the designated allocation; and,
WHEREAS, the City Manager is hereby authorized to execute a Project
Grant Agreement per Exhibit "A" with the Texas Department of Transportation for financial
assistance for the Port Arthur Transit.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF PORT ARTHUR:
THAT the facts and opinions in the preamble are true and correct.
THAT Resolution No. 11 -287 is herein rescinded.
THAT the City Manager is herein authorized to execute the Project Grant Agreement
with the Texas Department of Transportation, in substantially the same form as attached hereto
as Exhibit "A ".
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P.R. NO. 16790
12/1/2011 DDA
Page 3 of 3
THAT a copy of the caption of this Proposed Resolution be spread upon the
Minutes of the City of Port Arthur Council.
READ, ADOPTED, AND APPROVED this day of December, A.D.
2011, at a Regular Meeting of the City Council of Port Arthur, Texas, by the
following vote: AYES: MAYOR:
COUNCILMEMBERS:
NOES:
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
ity torney d
0.7, 4 a k.a.y ,
APPROVED FOR ADMINISTRATION:
City Manager
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Director of Transit
Director of Finance
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1
EXHIBIT "A"
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PGA: PUBLIC TRANSPORTATION - STATE MATCH FUNDS
TRANSIT PROVIDER: Port Arthur, City of
TXDOT PROJECT #: URB 1202( 20)
PROJECT GRANT AGREEMENT #: 51220F7058
MASTER GRANT AGREEMENT #: 512XXF7106
NOT RESEARCH AND DEVELOPMENT
URBANIZED AREA: Port Arthur
STATE OF TEXAS §
COUNTY OF TRAVIS §
STATE MATCH FUNDS
FISCAL YEAR 2012
PROJECT GRANT AGREEMENT
THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas,
acting through the Texas Department of Transportation, called the "State," and Port Arthur,
City of, called the "Transit Provider."
WITNESSETH
WHEREAS, Texas Transportation Code Chapter 455 authorizes the State to assist the
Transit Provider 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 Governor of the State of Texas has designated the Texas Department of
Transportation to provide state funds for public transportation purposes; and
WHEREAS, the Transit Provider submitted a Fiscal Year 2012 Grant Application (GA) Part I
for state match financial assistance to provide transportation services and the Texas
Transportation Commission approved the application by Minute Order Number 112708; and
WHEREAS, the Transit Provider must execute a GA Part I each fiscal year grant period for
consideration for new state grants; and
WHEREAS, a Master Grant Agreement (MGA) between the Transit Provider and the State
has been adopted and includes the general terms and conditions for grant projects developed
through this PGA;
NOW THEREFORE, the State and the Transit Provider agree as follows:
AGREEMENT
ARTICLE 1. GRANT TIME PERIOD
This PGA becomes effective when fully executed by both parties or on September 1, 2011,
whichever is later. This PGA shall remain in effect until August 31, 2012, 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 Transit Provider 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.
Port Arthur, City of Project Grant Agreement #: 51220F7058
State Match Funds Page 1 of 3 Revised 07/28/2011
•
ARTICLE 2. PROJECT DESCRIPTION
A. The Transit Provider shall complete the public transportation project described in the GA
Part I, the Attachment A - Approved Project Description, and the Attachment B — Project
Budget. Attachments A and B are attached to and made a part of this agreement. The
Transit Provider shall complete the project in accordance with all of the documents
associated with the MGA and with all applicable federal and state laws and regulations.
B. If applicable, the Transit Provider 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 Transit Provider shall publicly open all bids or privately review proposals.
The Transit Provider 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 Transit Provider
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 $ 311,488 provided
that expenditures are made in accordance with the amounts and for the purposes authorized
in the GA Part I, the Attachment A, and the Attachment B.
The original and one copy of the invoice is to be submitted to the following address:
Texas Department of Transportation
Attn: Anthony Cochran
Public Transportation Coordinator
8350 Eastex Frwy.
Beaumont, Texas 77708
ARTICLE 4. AMENDMENTS
Except as noted in the MGA, 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 Article 1, Grant Time Period.
ARTICLE 5. INCORPORATION OF MGA PROVISIONS
This PGA incorporates all of the governing provisions of the MGA in effect on the date of final
execution of this PGA, unless an exception has been made in this agreement.
ARTICLE 6. SIGNATORY WARRANTY
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
Port Arthur, City of Project Grant Agreement #: 51220F7058
State Match Funds Page 2 of 3 Revised 07/28/2011
THIS AGREEMENT IS EXECUTED by the State and the Transit Provider in duplicate.
THE TRANSIT PROVIDER
Signature
Typed, Printed, or Stamped Name
Title
Date
THE STATE OF TEXAS
Signature
Anthony Cochran
Typed, Printed, or Stamped Name
Public Transportation Coordinator
Title
Date
List of Attachments
A — Approved Project Description
B — Project Budget
Port Arthur, City of Project Grant Agreement #: 51220F7058
State Match Funds Page 3 of 3 Revised 07/28/2011
ATTACHMENT A
APPROVED PROJECT DESCRIPTION
[Insert a Narrative Project Description]
All funds received by the City of Port Arthur and Port Arthur Transit
through this grant from the Texas Department of Transportation (TxDOT)
will be used for regular transit operational expenditures.
Port Arthur, City of Project Grant Agreement #: 51220F7058
State Match Funds Page 1 of 1 Attachment A
ATTACHMENT B
PROJECT BUDGET
[Insert Budget Page] •
SEE ATTACHED
Port Arthur, City of Project Grant Agreement #: 51220F7058
State Match Funds Page 1 of 1 Attachment B
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