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Home My WebLink AboutRES 09-287 RESOLUTION NO. 09-287 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a State/Local Urban Public Transportation Fiscal Year 2010 Project Grant Agreement, substantially in the form attached hereto as Exhibit "A," with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds in the amount of $425,296 to assist in operating costs for the Beaumont Municipal Transit System. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. v Mayor Becky Ames - aoaao lit Ar RECIPIENT: City of Beaumont STATE/LOCAL PUBLIC TRANSPORTATION(SECTION 5307)GRANT AGREEMENT—STATE FUNDS PROJECT GRANT AGREEMENT NO.: URB 1001(20) STATE PROJECT#: 61020F7044 SERVICE AREA: City of Beaumont MASTER GRANT AGREEMENT#517XXF7044 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § STATE/LOCAL URBAN PUBLIC TRANSPORTATION FISCAL YEAR 2010 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 Beaumont , 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 1) 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 PERIOD 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. City of Beaumont URB 1001(20) l EXHIBIT "A" ARTICLE 2. PROJECT DESCRIPTION The Recipient shall commence, carry out and complete the public transportation project described in the GA Part I and/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. 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 (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 $425,296 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 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 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 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 provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. City of Beaumont URB 1001(20) 2 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 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 BEAUMONT 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, I By: established policies or work programs heretofore approved Signature of Authorized Officer and authorized by the Texas Transportation Commission. By: Typed, Printed or Stamped Name Anthony Cochran, Public Transportation Coordinator Title: (Beaumont) Date: Date: List of Attachments A - Approved Project Description B - Master Budget Page City of Beaumont URB 1001(20) 3 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. [Insert a Narrative Project Description] The State Urban Public Transportation funding in the amount of$425,296 will be used to offset the local share of operating expenses for the Beaumont Municipal Transit System in fiscal year 2010, the period of October 1, 2009 through September 30, 2010. These expenses include the labor, fringe benefits, materials and supplies to include fuel, lubricants, tires, and repair parts, purchased services, utilities, insurance,taxes and licenses, and other miscellaneous expenses needed to operate and maintain the transit system. City of Beaumont URB 1001(20) 4 ATTACHMENT B MASTER BUDGET PAGE [Insert Electronic Budget Page] Beaumont Municipal Transit Estimated Operating Budget for FY 2010 Expenses: Revenues: Labor $1,900,000 Federal $1,848,436 Fringe Benefits $1,160,000 State $ 425,296 Materials/Supplies $1,000,000 City $ 1,726,268 Purchased Services $ 300,000 Farebox $ 715,000 Utilities $ 100,000 Insurance $ 200,000 Taxes/Licenses $ 45,000 Miscellaneous $ 10,000 Total $4,715,000 Total $4,715,000 City of Beaumont URB 1001(20) 5