HomeMy WebLinkAboutRES 10-216 RESOLUTION NO. 10-216
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 2011 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$392,446 to
assist in operating costs for the Beaumont Municipal Transit System.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
August, 2010.
- Mayor Becky Ames -
F
Project Grant Agreement#URB 1101(20)
RECIPIENT:City of Beaumont
STATE/LOCAL PUBLIC TRANSPORTATION(SECTION 5307)GRANT AGREEMENT-STATE
PROJECT GRANT AGREEMENT NO.:UR13 1101(20)
STATE PROJECT M 51120F7054
SERVICE AREA City of Beaumont
MASTER GRANT AGREEMENT#517XXF7044
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
STATEILOCAL URBAN PUBLIC TRANSPORTATION
FISCAL YEAR 2011
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 2011 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
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 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
City of Beaumont State Project#.:61120F7054
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EXHIBIT "A"
Project Grant Agreement#URB 1101(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 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 items)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$392,446 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, 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 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. STATE AUDIT
The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under-this
contract acts as acceptahce.of the authority of.the state auditor, under the direction of-the,
legislative audit committee, to conduct an audit or investigation in connection with those
funds. An entity that is the subject of an audit or investigation must provide the state auditor
with access to any information the state auditor considers.relevant to the investigation or
City of Beaumont State Project#.:51120F7054
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Project Grant Agreement#URB 1101(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 contract and by first-class mail addressed to
Contract Services Section, General Services Division, Texas Department of Transportation,
125 East 19th Street, Austin Texas 78701. The notice shall specify the Recipient's entity
name, the name of the person who submitted the notification,the contract number, the
district, division, or office of TxDOT that is principally responsible for the contract, the name of
the relevant Recipient employee, the expected role of the Recipient employee on the project,
the name of the TxDOT employee who is a relative of the Recipient employee, the title of the
TxDOT employee, the work location of the TxDOT employee, and the nature of the
relationship.
C. By executing this contract, the Recipient is certifying that the Recipient does not have
any knowledge that any of its employees or of any employees of a subcontractor who are
expected to work under this contract have a relative that is employed by TxDOT unless the
Recipient has notified TxDOT of each instance as required by subsection (b).
D. If the Recipient seams at any time that any of its employees or that any of the employees
of a subcontractor who are performing work under this contract have a relative who is
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
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 8. 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 State Project#.:51120F7054
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Project Grant Agreement#URB 1101(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 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, 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, Title:
Beaumont District PTN-PTC
Date:
Date:
List of Attachments
A Approved Project Description
B - Master Budget Page.
City of Beaumont State Project#.:5112DF7054
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Project Grant Agreement#URB 1101(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.
[insert a Narrative Project Description]
This funding will be spent to offset the local share of operating expenses for the Beaumont Municipal
Transit System. Operating expenses include the labor,fringe benefits,fuel,lubricants,tires, repair parts,
maintenance,servicing,purchased services, insurance, utilities,taxes,licenses,and all other associated
costs required to operate and maintain the public transit system.
City of Beaumont State Project#.:5112OF7054
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4
i
Project Grant Agreement#URB 1101(20)
ATTACHMENT B
MASTER BUDGET PAGE
[Insert Electronic Budget Page]
Beaumont Municipal Transit System
Estimated FY 2011 Operating Budget Revenues
Federal Shane $1,828,506
State Share $ 392,446
Local Share $1,894,048
Farebox $ 600,E
Total $4,715,000
City of Beaumont State Project#.:51120F7054
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