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09090
ORDINANCE NO. 9090 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF FY 2016 OPERATING GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO AND UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION FUNDS IN THE AMOUNT OF $3,779,579 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Grant Agreement between the City of Pueblo, a Municipal Corporation, and the United States of America, Department of Transportation, Federal Transit Administration for the purpose of subsidizing Pueblo Transit’s operational expenses, the “Project,” a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. President of the City Council is hereby authorized to execute said Grant Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City to the Grant Agreement and attest the same. SECTION 3. Funds in the amount of $3,779,579 for the Project includes $2,003,374 in Federal Grant funds and $1,776,205 in City match funds approved and appropriated in the FY 2016 Transit budget. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached agreement to effectuate the transactions described therein. SECTION 5. This Ordinance shall become effective immediately upon final passage. INTRODUCED: January 23, 2017 BY: Ed Brown PASSED AND APPROVED: February 13, 2017 City Clerk’s Office Item # R-3 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: January 23, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Brenda Broyles – Director Pueblo Transit SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF FY 2016 OPERATING GRANT AGREEMENT BETWEEN THE CITY OF PUEBLO AND UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION FUNDS IN THE AMOUNT OF $3,779,579 SUMMARY: Attached is a Grant Agreement between the City of Pueblo and the United States of America for FY 2016 Transit Operating expenditures. PREVIOUS COUNCIL ACTION: Council has previously approved Operating Grant Agreements between the City of Pueblo and the Federal Transit Administration to subsidize the City’s mass transit system. BACKGROUND: The City has been allocated FY 2016 Federal Transit Administration Operating Grant, # CO-2017- 001-00, for FY 2016 funding, in the amount of $2,003,374. These funds are intended to subsidize Pueblo Transit’s operating expenditures incurred in FY 2016. FINANCIAL IMPLICATIONS: The anticipated total project cost is $3,779,579. The Federal share is $2,003,374 and the required local match is $1,776,205. The local match was already approved and appropriated in the 2016 Transit budget. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: The Pueblo Transit Director and the City of Pueblo Finance Department work together to secure Federal funds to provide public mass transportation in the City of Pueblo. ALTERNATIVES: The alternative, should this Ordinance not pass, is for the City of Pueblo to provide all funding necessary to cover for expenditures incurred in FY 2016 for Transit services. RECOMMENDATION: Approval of the Ordinance. Attachments: Grant Certification Federal Operating Grant # CO-2017-001-00 DOT FTA U.S. Department of Transportation Federal Transit Administration Award Federal Award Identification Number(FAIN) CO-2017-001-00 Temporary Application Number 1140-2016-2 Award Name Operating Grant FY 2016 Award Status = Obligated!Ready for Execution Award Budget Number 0 Part 1 : Recipient Information Name: City Of Pueblo Recipient ID Recipient OST Type Recipient Alias Recipient DUNS 1140 City Pueblo, City of 010620284 Location Type Address City State Zip Headquarters 1 CITY HALL PL PUEBLO CO 810034201 Physical Address 1;=CITY HALL Pt. PUEBLO 81003 Mailing Address DEPARTMENT OF FINANCE PUEBLO CO 81002 Union Information Union Name ATU LOCAL 662 Address 1 29213 ale Rd Address 2 City Pueblo State Colorado Zipcode 81.006 Contact Name Kenny Rider Telephone 71937/0052 Fax 7195532724 B-mail Website Part 2: Award Information Title: Operating Grant FY 2016 FAIN Award Status Award Date Last Updated From Type Created Date TEAM? CO-2017-001- Obligated/Ready for Grant 9/29/2016 9/29/2016 No 00 Execution Award Executive Summary Award Start Date:The Award Start Date is the same as the date of award. Award End Date:12/31/16 This application does NOT include funds for Research and/or Development activities. Indirect costs WILL NOT be applied to this application and its scope of work. The City of Pueblo applies for FY 2016 5307 funds in the amount of$2,003,374 towards operating assistance($1,700,482), ADA paratransit operating assistance($174,892)and preventive maintenance ($128,000). Local share will be provided by the City of Pueblo General Fund. These activities are a categorical exclusion. A minimum of 1%will be expended in this grant for security purposes. Delinquent Federal Debt No, my organization does not have delinquent federal debt. Requires E.O. 12372 Review No, this application does not require E.O. 12372 Review. Subject to Pre-Award Authority Yes, this application is subject to Pre-Award Authority. Will this Grant be using Lapsing Funds? No,this Grant does not use Lapsing Funds. Frequency of Milestone Progress Reports (MPR) Annual Frequency of Federal Financial Reports(FFR) Annual Award Point of Contact Information First Name Last Name Title E-mail Address Phone Brenda Broyles Transit Superintendent bbroyles@pueblo.us 719-553-2706 Larry Squires Larry.Squires@dot.gov (303) 362-2394 Ranae Tunison ranae.tunison@dot.gov (303)362-2397 Award Budget Control Totals Funding Source Section of CFDA Amount Statute Number 49 USC 5307-(MAP 21) Urbanized Area Formula (FY2013 and forward) 5307-2A 20507 $2,003,374 Local $1,776205' Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $0 Total Eligible Cost $3,779,579 Award Budget Project Budget Item FTA Amount Non-FTA Total Eligible Quantity Number Amount Amount 17OH CAPITAL $302,892x00 $75,723 0078,615,00 0001-01-00 (117, (Sufi) CO-2017- 11.7A.00 PREVENTIVE $128,000.00 $32,000.00 $160,000.00 0 001-01-00 MAINTENANCE NON FIXED CO-2017- 11.7C.00 ROUTE ADA $174,892.00 $43,723.00 $218,615.00 0 001-01-00 PARATRANSIT SERVICE CO-2017- (00(3 OS? TING $1, '0048 00 $1,700;482,00 $3,400,964.00ool-01-00 0 Al) CO-2017- UP TO 50% 001-01-00 30.09.01 FEDERAL $1,700,482.00 $1,700,482.00 $3,400,964.00 0 SHARE Earmark and Discretionary Allocations This application does not contain earmarks or discretionary allocations. Sources of Federal Financial Assistance PO Project Scope Name Scope Scope UZA Area Account Class FPC Description Amendm Number Number • Number Suffix Code Name Code Amount CO- Urbanized OTHER CO-90- 2017- 117-00 Area X229 001-01- CAPITAL (117) A2 080000 Colorado 2016.25.90.91.2 00 Formula $302,892 00 ITEMS (BUS) Grants co- Urbanized CO-90- 2917- . OPERATING 300-00 Area Al 080000 Colorado 2016.25,90.91.2 04 $1.:70,0*X229 001-01- ASSISTANCE (300)' formula 00 Grants Part 3: Project Information Project Title: Operating Grant FY 2016 Project Number Temporary Project Number Date Created Start Date End Date CO-2017-001-01-00 1140-2016-2-P1 11/8/2016 1/1/2016 12/31/2016 Project Description Operating assistance to fund operational expenditures in 2016 at a 50/50 cost-sharing ratio, and provide a 1%for security expenditures for security services at the Transit Center(bus terminal). ADA paratransit can be provided at a cost sharing ratio of 80/20 for 10%of the FY 2016 5307 apportionment. This grant applies$174,892 towards ADA paratransit. Preventive maintenance will be used to fund and support bus and bus facility maintenance activities, as defined in NTD's Reporting Manual, as a cost sharing ratio of 80/20. Local share will be provided by the City of Pueblo General Fund. These activities are a categorical exclusion Project Benefits This project will be vital in continuing mass transit services in the City of Pueblo and complimentary paratransit services. Additional Information None provided. Location Description The location of this project is Pueblo, CO UZA ID: 81760, in Congressional District#3. Security Yes--our organization will expend at least 1%of the 5307 funds in this application for security-related projects Project Location (Urbanized Areas) UZA Code Area Name 081760 Pueblo, CO Congressional District Information State District Representative Colorado 3 Scott R Tipton Project Control Totals Funding Source Section of CFDA Amount Statute Number 49 USC 5307-(MAP 21)Urbanized Area Formula 5307-2A 20507 $2,003,374 (FY2013 and forward) Local` ;$1,776,205 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $0 Total Eligible Cost $3,779,579 Project Budget Project Budget Item FTA Amount Non-FTA Total Eligible Quantity Number Amount Amount . 117 OTHER CAPITA.ITEMS 9,4)1 (117-Aes *�3 $ #30 7 , "123".)0 7#3,Sia. 3 0 A2 .. CO-2017- $128,000.00 $32,000.00 $160,000.00 0 PREVENT/VE 001-01-00 11.7A.00 MAINTENANCE NON FIXED CO-2017- 11.7C.00 ROUTE ADA $174,892.00 $43,723.00 $218,615.00 0 001-01-00 PARATRANSIT SERVICE 300- f 3 CIS-2017 00 t3PERATING T; '; 00.1.01 00 300- ASSISTANCE ,1,700,€82 00 1,70 44 00`; 3R J ,964. 0 Al) CO-2017- UP TO 50% 001-01-00 30.09.01 FEDERAL $1,700,482.00 $1,700,482.00 $3,400,964.00 0 SHARE Project Budget Activity Line Items Budget Activity Line Item: 11.7C.00-NON FIXED ROUTE ADA PARATRANSIT SERVICE Scope Name/Code Line Item Custom Item Name Activity Quantity OTHER CAPITAL NON FIXED ROUTE ADA OTHER CAPITAL ITEMS(BUS)(117-00) 11.7C.00 PARATRANSIT SERVICE ITEMS(BUS) 0 Extended Budget Description ADA paratransit operating assistance is permitted to use up to 10%of the FY16 apportionment, but we are using only$174,892.00. Will 3rd Party contractors be used to fulfill this activity line item? No, 3rd Party Contractors will not be used for this line item. Funding Source Section of CFDA Amount Statute Number 49 USC 5307-(MAP 21)Urbanized Area Formula 5307-2A 20507 $174,892 (FY2013 and forward) Local $43723 Local/In-Kind $0 State. $0 State/In-Kind $0 Other Federal � $0 Transportation Development Credit $0 Total Eligible Cost $218,615 Milestone Name Est. Completion Description Date Start Date 1/1/2016 ADA paratransit is provided at a cost sharing ration of 80/20 fro 10%of the FY 16 apportionment. End Data;; 12/31/2016 Budget Activity Line Item:30.09.01 - UP TO 50%FEDERAL SHARE Scope Name/Code Line Item Custom Item Name Activity Quantity OPERATING ASSISTANCE UP TO 50% FEDERAL OPERATING (300-00) 30.09.01 SHARE ASSISTANCE 0 Extended Budget Description Funds are applied to operational expenditures for FY 2016 at a 50/50 shared ratio. The Operating ALI includes the required 1%security allotment. Will 3rd Party contractors be used to fulfill this activity line item? No, 3rd Party Contractors will not be used for this line item. Funding Source Section of CFDA Amount Statute Number 49 USC 5307-(MAP 21) Urbanized Area Formula 5307-2A 20507 $1,700,482 (FY2013 and forward) Local $1,700,482 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal 1`' $0 Transportation Development Credit $0 Total Eligible Cost $3,400,964 Milestone Name Est. Completion Description Date Start Date 1/1/2016 Operating funds are requested for the continuation of the City's mass transit system. End �1 3 /2016 Operating funds are requested for the continuation of the City's mess ails! system Budget Activity Line Item: 11.7A.00-PREVENTIVE MAINTENANCE Scope Name t Code Line Item Custom Item Name Activity Quantity OTHER CAPITAL ITEMS PREVENTIVE OTHER CAPITAL (BUS)(117-00) 11.7A.00 MAINTENANCE ITEMS(BUS) 0 Extended Budget Description To support bus and bus facility maintenance at a cost sharing ratio of 80/20. Will 3rd Party contractors be used to fulfill this activity line item? No, 3rd Party Contractors will not be used for this line item. Funding Source Section of CFDA Amount Statute Number 49 USC 5307-(MAP 21) Urbanized Area Formula 5307-2A 20507 $128,000 (FY2013 and forward) Local $32,000 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $0 Total Eligible Cost $160,000 Milestone Name Est.Completion Description Date This grant funds will be utilize for all operational Start Date 1/1/2016 expenditures in FY 2016 and for the continuation of the operation of the City of Pueblo mass transit system. End Date 12/31/2016 Project Environmental Findings Finding: Class 11(c)-Categorical Exclusions (C-List) Class Level Description Class II(c)consists of projects called categorical exclusions(CEs)which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class II(c)does not require documentation. Categorical Exclusion Description Type 04: Planning and administrative activities which do not involve or lead directly to construction, such as: training,technical assistance and research; promulgation of rules, regulations, directives, or program guidance; approval of project concepts; engineering; and operating assistance to transit authorities to continue existing service or increase service to meet routine demand. Date Description Date Class Ilc CE Approved Scope Name/Code Line Item Line Item Name Quantity FTA Amount Total Eligible Number Cost OPERATING UP TO 50% ASSISTANCE (300- 30.09.01 FEDERAL 0 $1,700,482.00 $3,400,964.00 00) SHARE Finding:Class II(c)-Categorical Exclusions (C-List) Class Level Description Class 11(c)consists of projects called categorical exclusions(CEs)which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class II(c)does not require documentation. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities,that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class Ilc CE Approved Scope Name/Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost OTHER CAPITAL PREVENTIVE ITEMS(BUS)(117- 11.7A.00 MAINTENANCE 0 $128,000.00 $160,000.00 00) Finding: Class II(c)-Categorical Exclusions (C-List) Class Level Description Class I I(c)consists of projects called categorical exclusions(CEs)which are known not to have, either individually or cumulatively, a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. Class 11(c) does not require documentation. Categorical Exclusion Description Type 04: Planning and administrative activities which do not involve or lead directly to construction, such as: training, technical assistance and research; promulgation of rules, regulations, directives, or program guidance; approval of project concepts; engineering; and operating assistance to transit authorities to continue existing service or increase service to meet routine demand. Date Description Date Class llc CE Approved Scope Name/ Line Item Line Item Name Quantity FTA Total Eligible Code Number Amount Cost OTHER CAPITAL NON FIXED ROUTE ADA ITEMS(BUS) 11.7C.00 PARATRANSIT SERVICE 0 $174,892.00 $218,615.00 (117-00) Part 4: Fleet Details No fleet data exists for this application. Part 5: FTA Review Comments Application Review Comments Comment By Larry Squires Comment Application Details Type Date " 12120120/6 This grant does not include new construction; construction that involves alterations; or rebuild or remanufacture of stations, stops, or vehicles. As a result, the Civil Rights Comment Officer will not review this grant and does not need to provide a Civil Rights Concurrence. Additionally, the Recipient's Civil Rights programs are Concurred for Title VI,for DBE program, and for DBE Goals; and N/A for EEO. Application Review Comments Comment By Larry Squires Comment FTA Post Review Comments for Grantee Type Date 11/21/2016 i. Please correct Executive Summary in the following manner:The City of Pueblo applies for FY 2016 5307 funds in the amount of$2,003,374 towards operating assistance. Operating assistance($1,680,585),ADA paratransit operating assistance($174,892) and P[p]reventive maintenance ($128,000). Please correct Project Description in the following manner: Operating assistance to fund operational expenditures in FY 2016 at a 50/50 cost-sharing ratio, and provide a 1%for security expenditures for security services at the Transit Center(bus terminal). (NOTE: please correct throughout in project/budget details, as you are not funding FY16 activity Comment —rather 2016 activity.) Please delete the Long Range Plan and UPWP date. They are N/A. Please Delete the reference to the www.pacog.net.These documents cannot be found at that location. Please correct the STIP Program Date: June 28, 2016. STIP/TIP description should read: See attached. The Budget should include$20,034 for 1% security(NOTE: please change amount in description as well) Comment By Larry Squires Comment FTA Post Review Comments for Grantee Type Date 1/5/2017 Please remove 57.20.10 OTHER Security, and add these required 1%security funds to Comment the Operating ALI 30.09.01. In doing so, please revise the Project Description and/or Extended Budget Description to note that the Operating ALI includes the required 1% Security allotment. There is no longer an add-Scope item for a separate Security ALI. Application Review Comments Comment By Larry Squires Comment Project Overview Type Date 11/21/2016 Project Title Operating Grant FY 2016 Project CO-2017-001-01-09 Number Comment Please correct Executive Summary in the following manner:The City of Pueblo applies for FY 2016 5307 funds in the amount of$2,003,374 towards operating assistance. Operating assistance($1,680,585), ADA paratransit operating assistance ($174,892) and P[p]reventive maintenance($128,000). Please correct Project Description in the following manner: Operating assistance to fund operational expenditures in FY 2016 at a 50/50 cost-sharing ratio, and provide a 1%for security expenditures for security services at the Transit Center(bus terminal). (NOTE: please correct throughout in project/budget details, as you are not funding FY16 activity —rather 2016 activity.) Please delete the Long Range Plan and UPWP date. They are N/A. Please Delete the reference to the www.pacog.net.These documents cannot be found at that location. Please correct the STIP Program Date: June 28, 2016. STIP/TIP description should read: See attached. The Budget should include$20,034 for 1% security(NOTE: please change amount in description as well) Part 6: Agreement FTA AWARD Federal Transit Administration (FTA)hereby awards a Federal grant as follows: Recipient Information Recipient Name: City Of Pueblo Recipient ID: 1140 DUNS No: 010620284 Award Information Federal Award Identification Number: CO-2017-001-00 Award Name: Operating Grant FY 2016 • Award Executive Summary: Award Start Date:The Award Start Date is the same as the date of award, Award End Date:12/31/16 This application does NOT include funds for Research and/or Development activities. Indirect costs WILL NOT be applied to this application and its scope of work. The City of Pueblo applies for FY 2016 5307 funds in the amount of$2,003,374 towards operating assistance ($1,700,482), ADA paratransit operating assistance($174,892)and preventive maintenance ($128,000). Local share will be provided by the City of Pueblo General Fund. These activities are a categorical exclusion. A minimum of 1%will be expended in this grant for security purposes. Total Award Budget: $3,779,579.00 Amount of Federal Assistance Obligated for This FTA Action(in U.S. Dollars): $2,003,374.00 Amount of Non-Federal Funds Committed to This FTA Action (in U.S. Dollars): $1,776,205.00 Total FTA Amount Awarded and Obligated (in U.S. Dollars): $2,003,374.00 Total Non-Federal Funds Committed to the Overall Award(in U.S. Dollars): $1,776,205.00 Award Budget Control Totals (The Budget includes the individual Project Budgets (Scopes and Activity Line Items)or as attached) Funding Source Section of CFDA Amount Statute Number 49 USC 5307-(MAP 21) Urbanized Area Formula 5307-2A 20507 $2,003,374 (FY2013 and forward) Local $1,776,205 Local/In-Kind $0 State : . $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $0 Total Eligible Cost $3,779,579 (The Transportation Development Credits are not added to the amount of the Total Award Budget.) Project Information Project Project Project Description Number Title Operating assistance to fund operational expenditures in 2016 at a 50/50 cost-sharing ratio, and provide a 1%for security expenditures for security services at the Transit Center(bus terminal). ADA paratransit can be provided CO-2017- Operating at a cost sharing ratio of 80/20 for 10%of the FY 2016 5307 apportionment. 001-01-00 Grant FY This grant applies$174,892 towards ADA paratransit. Preventive 2016 maintenance will be used to fund and support bus and bus facility maintenance activities, as defined in NTD's Reporting Manual, as a cost sharing ratio of 80/20. Local share will be provided by the City of Pueblo General Fund. These activities are a categorical exclusion Project Funding Summary Funding Source Section of CFDA Amount Statute Number 49 USC 5307-(MAP 21) Urbanized Area Formula 5307-2A 20507 $2,003,374 (FY2013 and forward) Local $1,776,205 Local/In-Kind $0 State State/In-Kind $0 ierFederal $0 Transportation Development Credit $0 Total Eligible Cost $3,779,579 U.S.Department of Labor Certification of Public Transportation Employee Protective Arrangements: Original Certification Date: 11/30/2016 5:20 PM GMT+00:00 TERMS AND CONDITIONS Special Conditions There are no special conditions. Awarded By: David Beckhouse Local Security Manager FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION Contact Info: David.Beckhouse@dot.gov Award Date: 1/10/2017 9:57 PM GMT+00:00 Executed By: City Of Pueblo APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK 49 USC 5307-(MAP 21) Urbanized Area Formula 5307-2A 20507 $2,003,374 (FY2013 and forward) Local $1,776,205 Local/In-Kind $0 State State/In-Kind $0 Other Federal $0 Transportation Development Credit $0 Total Eligible Cost $3,779,579 U.S.Department of Labor Certification of Public Transportation Employee Protective Arrangements: Original Certification Date: 11/30/2016 5:20 PM GMT+00:00 TERMS AND CONDITIONS Special Conditions There are no special conditions. Awarded By: David Beckhouse Local Security Manager FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION Contact Info: David.Beckhouse©dot.gov Award Date: 1/10/2017 9:57 PM GMT+00:00 Executed By: City Of Pueblo APPROVED. f "-- —"ma _........) PRESIDENT OF CITY COUNCIL ATTESTED BY: `^ ,"„\ CITY CLERK