Loading...
HomeMy WebLinkAboutPR 18486: PROJECT GRANT AGREEMENT WITH TXDOT TO ASSIT WITH FISCAL YEAR 2015 OPERATING EXPENDITURES P.R. No. 18486 8/13/2014 DDA Page 1 01'2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO ASSIST WITH FISCAL YEAR 2015 OPERATING EXPENDITURES FOR THE CITY OF PORT ARTHUR TRANSIT SYSTEM. WHEREAS, Transportation Code, Chapter 455,authorizes the State to assist the City of Port Arthur Transit Department 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 Texas Department of Transportation has allocated $306,360 to the City of Port Arthur for financial assistance for the operation of the Port Arthur Transit System for the Fiscal Year 2015 (September 1, 2014 through August 31, 2015), as delineated in the Project Grant Agreement (attached as Exhibit "A"); and. WHEREAS,all funds received by the City of Port Arthur Transit provider through this grant from the Texas Department of Transportation will be used for regular transit operation expenditures. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Y.R. No. 18486 8/13/2014 DDA Page 2 of 3 THAT, the facts and opinions are true and correct. THAT,the City Manager is hereby authorized to execute a Project Grant Agreement with the Texas Department of Transportation for financial assistance for operation of the Port Arthur Transit System, in substantially the same form 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. 2014, at a Regular Meeting of the City Council of Port Arthur, Texas, by the following vote: AYES: Mayor: Council Members: NOES: ATTEST: Mayor City Secretary APPROVED AS TO FORM: J City Attorney 0 P.R. No. 18486 8/13/2014 DDA Page 2 of 3 THAT,the facts and opinions are true and correct. THAT,the City Manager is hereby authorized to execute a Project Grant Agreement with the Texas Department of Transportation for financial assistance for operation of the Port Arthur Transit System, in substantially the same form 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. 2014, at a Regular Meeting of the City Council of Port Arthur. Texas, by the following vote: AYES: Mayor: Council Members: NOES: ATTEST: City Secretary APPROVED AS TO FORM: valJ City Attorney P.R.No. 18486 8/13/2014 DDA Page 3 of 3 APPROVED FOR ADMINISTRATION: City Manager/-'`-- soft ��.y Transit Director C Transit Planner TxDOT Project# URB 1502(20) PGA#51520F7066 MGA# 512XXF7106 EXHIBIT "A" PGA: PUBLIC TRANSPORTATION - STATE FUNDS TRANSIT PROVIDER: Port Arthur, City of TXDOT PROJECT#: URB 1502 (20) PROJECT GRANT AGREEMENT#: 51520F7066 MASTER GRANT AGREEMENT#: 512XXF7106 NOT RESEARCH AND DEVELOPMENT URBANIZED AREA: Port Arthur STATE OF TEXAS § COUNTY OF TRAVIS § STATE FUNDS FISCAL YEAR 2015 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, if applicable, the Transit Provider submitted a Fiscal Year 2015 Grant Application (GA) Part I for state financial assistance to provide transportation services and the Texas Transportation Commission approved the application by Minute Order Number 113931; and WHEREAS, if applicable, 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, 2014, whichever is later. This PGA shall remain in effect until August 31, 2015, 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 Ito 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#: 51520F7066 State Funds Page 1 of 3 Revised 12/20/2011 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 $ 306,360, 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#: 51520F7066 State Funds Page 2 of 3 Revised 12/20/2011 PGA: PUBLIC TRANSPORTATION -STATE FUNDS TRANSIT PROVIDER: Port Arthur, City of TXDOT PROJECT#: URB 1502 (20) PROJECT GRANT AGREEMENT#: 51520F7066 MASTER GRANT AGREEMENT#: 512XXF7106 NOT RESEARCH AND DEVELOPMENT URBANIZED AREA: Port Arthur STATE OF TEXAS § COUNTY OF TRAVIS § STATE FUNDS FISCAL YEAR 2015 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, if applicable, the Transit Provider submitted a Fiscal Year 2015 Grant Application (GA) Part I for state financial assistance to provide transportation services and the Texas Transportation Commission approved the application by Minute Order Number 113931; and WHEREAS, if applicable, 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, 2014, whichever is later. This PGA shall remain in effect until August 31, 2015, 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#: 51520F7066 State Funds Page 1 of 3 Revised 12/20/2011 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 $ 306,360, 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#: 51520F7066 State Funds Page 2 of 3 Revised 12/20/2011 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#: 51520F7066 State Funds Page 3 of 3 Revised 12/20/2011 ATTACHMENT A APPROVED PROJECT DESCRIPTION Transit Expenses As To TXDOT Appropriations The $306,360 will be for Direct Cost. Staffing, professional services, advertising and training/travel are about 80% of the budget; hence, this percent will be proportionally covered against $306,360 as described in Part IV.pagel0#16. And in the operating expenses table in Part IV. The amount expensed against this will be $245,088. Similarly, about 20% will cover utilities, rent and postage and office supplies. These can be direct or indirect cost, but PAT considers these direct as to routine needs and usage as no third parties are involved. The 20% in expenses will be $61,272, this amount with $245,088 will allow for to the $306,360 spent on operating expenses. Port Arthur, City of Project Grant Agreement#: 51520F7066 State Funds Attachment A Page 1 of 1