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RESOLUTION NO. 13851
A RESOLUTION ACCEPTING A GRANT AMENDMENT
BETWEEN THE CITY OF PUEBLO AND THE COLORADO
DEPARTMENT OF TRANSPORTATION RELATING TO CAPITAL
PROJECT BC1302
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Grant Amendment between the City of Pueblo, a Municipal Corporation, and the
Colorado Department of Transportation extending the termination date from December 31, 2017
to June 30, 2018, copies of which are attached hereto, having been approved as to form by the
City Attorney, is hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute said Grant Amendment on
behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City to the
Grant Amendment and attest the same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution to effectuate the policies and procedures described
herein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED December 26, 2017
BY: Ed Brown
City Clerk’s Office Item # M-1
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: December 26, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Pepper Whittlef, Acting Director of Pueblo Transit
SUBJECT: A RESOLUTION ACCEPTING A GRANT AMENDMENT BETWEEN THE CITY
OF PUEBLO AND THE COLORADO DEPARTMENT OF TRANSPORTATION
RELATING TO CAPITAL PROJECT BC1302
SUMMARY:
Attached for consideration is a resolution approving a grant amendment between the City and the
th
Colorado Department of Transportation extending the contract expiration date to June 30, 2018.
PREVIOUS COUNCIL ACTION:
Ordinance No. 8859 approving contract passed April 27, 2015.
BACKGROUND:
The original contract funds the purchase of security and technology equipment for Pueblo Transit.
Total grant awarded in 2015 is $288,526 with 20% matching funds in the amount of $57,705
th
provide by the City. This grant amendment extends the expiration date to June 30, 2018.
FINANCIAL IMPLICATIONS:
There are no financial obligations with this resolution.
BOARD/COMMISSION RECOMMENDATION:
Transit Board Approval.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
If City Council does not approve this Resolution the City of Pueblo be required to return
approximately $54,000.
RECOMMENDATION:
Approval.
Attachments: Proposed Resolution
•
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GRANT AMENDMENT
Amendment#: 1 Original Grant Original SAP-P0#: Amendment Routing#: Amendment
CLIN/CMS#: 491000835 15-HTR-ZL-00164-M0002 Routing PO#:
15-HTR-ZL-00164 491000835
1) PARTIES
This Amendment to the above-referenced original Contract, (hereinafter called the "Grant"),is entered into by
and between CITY OF PUEBLO(hereinafter called"Grantee"),and the STATE OF COLORADO(hereinafter
called the"State"),acting by and through the Department of Transportation, (hereinafter called"CDOT").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State
Controller or designee(hereinafter called the"Effective Date").The State shall not be liable to pay or reimburse
Contractor for any performance hereunder including,but not limited to, costs or expenses incurred, or be bound
by any provision hereof prior to the Effective Date.
3) FACTUAL RECITALS
The parties entered into a contract on May 8,2015,for FTA-5339 Program funds.The purpose for this
amendment is to extend the grant and revise the scope of work and budget as described in Section 6 of this
amendment.
i. Delete in its entirety and Replace Section 5(A.)to extend end date of grant.
ii. Delete in its entirety and Replace Section 6(A.)to change completion date of grant.
iii. Delete in its entirety and replace Exhibit A with Exhibit A.1.
iv. Delete in their entirety and replace all references to Exhibit A with Exhibit A.1.
4) CONSIDERATION-COLORADO SPECIAL PROVISIONS
The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable
consideration are sufficient and adequate to support this Amendment. The Parties agree to replacing the
Colorado Special Provisions with the most recent version(if such have been updated since the Grant and any
modification thereto were effective)as part consideration for this Amendment. If applicable, such Special
Provisions are attached hereto and incorporated by reference herein.
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Grant, and the Grant and all prior amendments thereto, if
any,remain in full force and effect except as specifically modified herein.
6) MODIFICATIONS
The Grant and all prior amendments thereto,if any,are modified as follows:
a) Paragraph 5.A is hereby deleted in its entirety and replaced with the following language:
A.Initial Term-Work Commencement
The Parties respective performances under this Grant shall commence on the Effective Date.This Grant shall
terminate on June 30,2018,unless sooner terminated or further extended as specified elsewhere herein.
h) Paragraph 6.A is hereby deleted in its entirety and replaced with the following language:
A.Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibit A.1 on or
before June 30,2018.Except as provided in §7(B)(v),the State shall not be liable to compensate Grantee
for any Work performed prior to the Effective Date or after the termination of this Grant.
c) Exhibit A is hereby deleted in its entirety and replaced with Exhibit A.1.
d)All references to Exhibit A in the grant are hereby deleted in their entirety and replaced with Exhibit A.1.
7) START DATE
This Amendment shall take effect on the Effective Date.
8) ORDER OF PRECEDENCE
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Except for the Special Provisions, in the event of any conflict,inconsistency, variance,or contradiction between
the provisions of this Amendment and any of the provisions of the Grant,the provisions of this Amendment shall
in all respects supersede,govern,and control.The most recent version of the Special Provisions incorporated into
the Grant or any amendment shall always control other provisions in the Grant or any amendments.
9) AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose
being appropriated,budgeted, or otherwise made available.
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THE PARTIES HERETO HAVE EXECUTED THIS GRANT AGREEMENT
*Persons signing for The Grantee hereby swear and affirm that they are authorized to act on The Grantee's behalf
and acknowledge that the State is relying on their representations to that effect
Grantee STATE OF COLORADO
CITY OF PUEBLO John W.Hickenlooper,Governor
By: Stephen G. Nawrocki Department of Transportation
Michael P. Lewis,Executive Director
Title: President of C'..y Council
C77)�,,By: MO(k ke��t-tr��(2CVO(
�— Signator
y.
'
- VI 0.\ V3tif a
Attested b � Jkij.1L
Acting City Clerk
T) I, le
Date: Pr•Pmhar 7h, xO17
Signator �
2nd The Planning Agency Signature if Needed
Signatory avers to the State Controller or delegate that,
By: except as specified herein,Grantee has not begun
(print name) performance or that a Statutory Violation waiver has
been requested under Fiscal Rules
Title:
(print title)
Date: ID— I eg 1 r-1�
1
Signature
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Grants.This Agreement is not valid until signed and
dated below by the State Controller or delegate.The Grantee is not authorized to begin performance until such time.If
The Grantee begins performing prior thereto,the State of Colorado is not obligated to pay The Grantee for such
performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Rober r' ''A,MBA, D
By: • 1-
Controller-Colo . Department f Tr , ortation
Date: /0/a2 4-7/
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EXHIBIT A.1—SCOPE OF WORK AND BUDGET
City of Pueblo
11.32.07 BT Sec
11.42.09 Bus Cam
Title of Project 2013 FTA 5339 Technology Update ALI 11.62.02 Voice
11.42.07 Comp.
11.42.06 Balance&Lift
Project 5339 Funding for Technology Projects
Description
FAIN: CO-34-0002-00 Federal Award Date: March DUNS 010620284
13,2014
Recipient City of Pueblo CFDA 20.526
Contact Name Pepper Whittlef Vendor 2000036
Number
Address 350 Alan Hamel Avenue Phone 719.553.2722
Pueblo,CO 81003
Email pwhittlefpuehlo.us Fax 719.553.2724
Project Budget *WBS CO-34-0002.PUEB
Federal Share(at 80%or less) $ 130,021
Local Share(at 20%or more) $ 32,505
Total Project Budget $ 162,526
*The grants and line item WBS numbers may be replaced without changing the amount of the grant at CDOT's
discretion.
A. Agency Overview
The City of Pueblo operates fixed-route and demand responsive service. The City serves a population of
107,772 in an area encompassing 35 square miles. The City's transit services are provided by Pueblo Transit,
which is a non-profit corporation owned by the City of Pueblo. The day-to-day operations of Pueblo Transit are
managed by the Director of Transit, who is employed by the City of Pueblo. The City has permanently
assigned several of its employees to the transit operation to carry out planning,financial and human resource
functions.
Pueblo Transit's fixed-route service operates Monday through Friday between the hours of 6:00 a.m.and 6:30
p.m. and Saturdays between the hours of 8:00 am and 6:30 pm. Service is not provided on Sundays and legal
holidays. The base fare is$1.10 for adults. Seniors, persons with disabilities,and Medicare cardholders pay
550; students pay 850;and children six years or younger ride free. Al kids ages 18 and younger ride free all
summer(June 1 through August 31st.)Pueblo Transit operates a fixed-route fleet of 20 vehicles,and all of these
vehicles are accessible.
Pueblo Transit's demand responsive service is provided by a third party contractor,MV Public Transportation
Inc.This service,known as Citi-Lift,operates from 6:00 a.m.to 6:30 p.m.,Monday through Saturday. The
Citi-Lift fare is$2.20 per trip. Service is provided using ten City owned active vehicles,in addition to three
spare vehicles provided by MV Public Transportation. All of these vehicles are accessible.
B. Project Description
City of Pueblo shall perform all project activities as described in the grant application(s)submitted to the
State on December 2,2013.The application and application update are incorporated herein by reference to
the extent consistent with this Grant.
City of Pueblo will perform the following projects:
• Replacement of the Transit Center security system
• Replacement of the security system at the administrative and operational facilities
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• Add security cameras to five(5)buses
• Adding voice enunciation system to five(5)additional buses
• Replace one(1)laptop and three(3)desktop computers
• Acquire a new tire balancer
• Replace an existing bus lift
C. Performance Standards
1. Project Milestones
To the extent possible and practicable,provide details and information,data,explanations, descriptions,
copies,and sample documents of milestone activities.
Grant Agreement with CDOT is Executed May 2015
Submit Procurement Process and Bid Package to CDOT Project Manager June 2015
for Approval
Bid Package is Released(within 60 days of execution date) July 2015
Bids are Due(generally 30 days from release date) August 2015
Process Documentation Submitted to CDOT Project Manager for September 2015
Concurrence
Submit Procurement Authorization to CDOT Project Manager for September 2015
Approval
Receive first equipment item October 2015
Submit Reimbursement Request(see Procurement Packet)to DTR Upon receipt of each
component system
IMPORTANT NOTE: All milestones in this scope of work must he completed no later than the contract
expiration date of June 30,2018.
2. City of Pueblo will utilize the Project Property purchased through this project in its transit operations to
achieve the performance goals established by CDOT. City of Pueblo will comply with established CDOT
requirements for maintenance of effort and effective utilization of equipment that maintains a State or
Federal Interest.
3. Performance will be reviewed annually. If the State's review determines the City of Pueblo performance
does not meet the standards of performance set forth in this section,the following steps will be taken:
a. The State will notify City of Pueblo in writing that performance does not meet the requirements of this
Grant.
h. Thirty(30)calendar days after date of such notification,the City of Pueblo will submit to the State a
written explanation of the cause(s)of the substandard performance, which shall include a written plan
for improving performance.
c. The State will review the plan for improvement and notify City of Pueblo of its approval within 21
days.
d. If the plan is approved by the Department, the City of Pueblo will implement the plan immediately
upon receipt of the State's notification. If the plan is not approved by the Department remedial
measures will be determined on a case by case basis. Such remedial measures may include termination
of this Grant and return of the grant funds or capital equipment purchased with such funds, in
accordance with the terms of this grant.
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D. Project Budget
1. The Total Project Budget shall not exceed the maximum allowable cost of$162,526.The State will pay no
more than 80%of the eligible, actual capital costs up to the maximum federal amount of$130,021.In the
event the final,actual Project cost is less than the maximum allowable cost,the State is not obligated to
provide any more than 80%of the eligible,actual capital costs.The State will retain any remaining balance
of the federal share. City of Pueblo shall be solely responsible for all costs incurred in the Project in excess
of the amount paid by the State from federal funds for the federal share of eligible,actual costs.
2. No refund or reduction of the amount of City of Pueblo share to be provided will be allowed unless there is
at the same time a refund or reduction of the federal share of a proportionate amount.
3. City of Pueblo may use federal funds for the local share,but those funds cannot be from other federal
Department of Transportation(DOT)programs. City of Pueblo share, together with the federal share, must
be enough to ensure payment of Total Project Budget.
4. The State shall have no obligation to provide State funds for use on this Project. The State will administer
federal funds for this Project under the terms of this Grant,provided that the federal share of FTA funds to
be administered by the State are made available and remain available. In no event shall the State have any
obligation to provide State funds or provide federal FTA funds for City of Pueblo share of the Project. City
of Pueblo shall initiate and prosecute to completion all actions necessary to enable City of Pueblo to
provide its share of the total project budget at or prior to the time that such funds are needed to meet the
total project budget.
E. Contract Expiration
This Grant will expire according to the terms and conditions of the Grant.The expiration date for this Grant is
June 30,2018.
F. Procurement
Procurement of this capital equipment will comply with State procurement procedures outlined in"A Handbook
for the Procurement of Goods and Services using FTA/CDOT Funds,November 2009", (found at:
http://u tt o.coloradodof.info/programs/trcrositctnd ruil/trnsit/trcuisit-grunt-progrcuns/proca ement-policies-cmcl-
practices/2009%r20Procarement%c20Handfgook%2Uund%20Appendices 2OFINAL_11_16_09.p(1f/)as well as
the FTA's requirements for Third Party Contracting outlined in Circular 4220.1F 11-01-08 (found at:
http://www fta.dot.gov/legislation_law/12349_8641.htrnl).Where available,purchase by the Grantee of the
capital equipment may be pursuant to the most current State Price Agreement, (found at:
http://trw .gssu.state.co.us/caportal.n.rf/.rpPriccAgreementsBt'Cutegor .xsp).
In addition to the basic State requirements outlined below, State and FTA (where applicable) procedures for
purchase of this Project Property must be followed and will be outlined prior to purchase.
1. Before proceeding with the purchase directly from the vendor,City of Pueblo shall submit Procurement
Authorization along with a purchase order for the Project Property to CDOT for approval.
• If the Grantee is a non-profit organization,AND elects to use the State of Colorado State Price
Agreement to purchase goods or services under this contract, the Grantee shall also submit an
application to and be qualified by the State Procurement Office prior to proceeding with the purchase.
2. Once the purchase order is verified by CDOT and the Project Property is ordered,the State shall be notified
of the agreed upon delivery date between the selected vendor and City of Pueblo and CDOT may choose to
attend the delivery of the Project Property.
3. Upon delivery,the City of Pueblo shall be responsible for having the Project Property inspected and
accepted within ten(10)working days of delivery from the vendor;unless Project Property defects
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discovered during inspection prevents City of Pueblo from accepting the Project Property in the 10 day
time frame,of at which time the vendor will be contacted to rectify the issue(s)of concern.
4. City of Pueblo shall be responsible for reimbursing the entire amount of the Project Property to the selected
vendor within three(3)working days after acceptance of the Project Property.
5. It is City of Pueblo responsibility to pay the Project Property vendor in full under the terms of this contract,
unless financial hardship is proven by the grantee that does not allow a grantee agency to pay the entire
amount prior to seeking reimbursement from the State. CDOT must approve this hardship request in
advance. In these cases,CDOT will only approve the situation if the vendor is willing to accept payment
within a 30 day timeframe and also willing to withhold title and Manufactures Statement of Origin(MSO)
paperwork until full payment is received from the grantee.Title paperwork can also be sent to CDOT to
withhold if the vendor deems necessary.
The Federal Share provided for this capital purchase is$130,021.
G. Reimbursement Eligibility
Requests for reimbursement for project costs will be paid to the City of Pueblo upon presentation of invoice(s)
to the State for eligible costs incurred after the date of execution of this Grant through June 30,2018 and within
the limits of this Grant.
Grantees must bill the State for the state share specified within the provisions set forth in Paragraph F:
Procurement or as otherwise specified by the State prior to the receipt of capital equipment.The state
share must be paid to the vendor whether or not the Grantee has received the reimbursement from the
State.Grantees who fail to ensure quick payment to vendors will be designated as a"High Risk Grantee"
and could receive lower scores in future grant applications.
H. Federal Interest-Service Life
Federal Interest in the Project Property will expire as determined by the State.Federal Interest is defined by the
service life of the capital equipment,which is determined by the State.
1. No later than three(3)days after the purchase and acceptance of the Project Property,City of Pueblo shall
provide,in writing,to the State a"Certificate of Procurement and Acceptance"form.
2. Federal Interest of the Project Property is based on and applied to the useful life of the Project Property.
3. City of Pueblo shall not sell or otherwise release the Project Property to any party while there is Federal
Interest in the Project Property without written approval from the State.
I. Training
In an effort to enhance transit safety,City of Pueblo shall make a good faith effort to ensure that appropriate
training of agency and contracted personnel is occurring and that personnel are up to date in appropriate
certifications. In particular,City of Pueblo shall ensure that driving personnel are provided professional
training in defensive driving and training on the handling of mobility devices and transporting elderly and
disabled clients.
J. Safety Data
City of Pueblo shall maintain and submit,as requested,data related to bus safety. This may include,but not be
limited to,the number of vehicle accidents within certain measurement parameters set forth by the State;the
number and extent of passenger injuries or claims;and,the number and extent of employee accidents, injuries
and incidents.
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K. Restrictions on Lobbying
City of Pueblo shall certify that it complies with P.L. 104-65, Section 10,amended from 49 CFR Part 19,
Appendix A, Restrictions on Lobbying,prior to the expenditure of the Federal funds provided in this Grant.
L. Special Conditions
1. City of Pueblo will ensure contractors comply with the Federal Transit Administration Drug and Alcohol
Regulations.
2. Any costs reimbursed to City of Pueblo from other grant programs funds may not be listed as a cost to be
shared by FTA on a reimbursement request(i.e., no double billing).
3. City of Pueblo shall maintain and report annually through submission of an annual report all information
required by the National Transit Database and any other financial,fleet,service data set forth by the State
for the purpose of annual reporting required of the State.
4. If City of Pueblo is unable to perform the activities described under Paragraph B.,Project Description,or
must significantly change its level of service described herein, the Grantee shall notify the State in writing.
5. Except as provided in§7(B)(v),City of Pueblo shall not be reimbursed for any purchase, issued purchase
order,or leased capital equipment before the contract with the State has been issued.
6. City of Pueblo must obtain State approval if FTA funds are intended to be used for payment of a lease or
for third-party contracts.
7. City of Pueblo sub-grantees must maintain bus safety records, if applicable.These records must be
submitted to the State,if the State requests them.The records may include the number of vehicle accidents
within certain time frames as requested by the State,the number and extent of passenger injuries and
claims,and the number and extent of employee accidents, injuries,and incidents.
8. City of Pueblo sub-grantees must demonstrate a good faith effort to provide, and certify as applicable,
safety-related training for drivers and other appropriate personnel.
9. City of Pueblo shall advertise its fixed route and/or rural based service as available to the general public
and service will not be explicitly limited by trip purpose or client type.
10. City of Pueblo will provide comparable transportation services to persons with disabilities according to the
Americans with Disabilities Act of 1990.
11. Meal delivery for homebound individuals must not conflict with providing public transportation service or
reduce service to public transportation passengers.
12. City of Pueblo will work cooperatively with CDOT to market and/or publicize this project as requested by
CDOT. Such efforts may include ribbon cuttings, news articles,photos,and/or other media to be supplied
by City of Pueblo as appropriate.
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