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HomeMy WebLinkAbout10051ORDINANCE NO. 10051 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF OPERATING GRANT AGREMENT FTA G- 28, FEBRUARY 9, 2021, RELATING TO AWARD NO. CO- 2021-039-00 BETWEEN THE CITY OF PUEBLO, AND THE UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION, IN THE TOTAL AMOUNT OF $2,060,876 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Operating Grant Agreement FTA G-28, dated February 9, 2021, relating to Award No. CO-2021-039-00 between the City of Pueblo and the United States of America, Department of Transportation, Federal Transit Administration, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said Grant Agreement on behalf of City of Pueblo. The City Clerk shall affix the Seal of the City to the Grant Agreement and attest the same. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance and the attached agreement to implement the transactions described therein. SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 8, 2021. Final adoption of Ordinance by City Council on November 22, 2021 . President of City Council Action by the Mayor: ☒ Approved on November 24, 2021 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # S-5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 8, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Benjamin Valdez, Director of Transit SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF OPERATING GRANT AGREMENT FTA G-28, FEBRUARY 9, 2021, RELATING AWARD NO. CO-2021-039-00 BETWEEN THE CITY OF PUEBLO, AND THE UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION, IN THE TOTAL AMOUNT OF $2,060,876 SUMMARY: Attached is a Grant Agreement between the City of Pueblo and the United States of America for FY 2021 Transit Operating expenditures. PREVIOUS COUNCIL ACTION: Council has previously approved the FY 2020 Operating Grant between the City of Pueblo and the Federal Transit Administration to subsidize the City’s mass transit system. BACKGROUND: Pursuant to Federal Transit Administration Award No. # CO-2021-039-00, the City has been awarded $1,628,587 (partial apportionment) of FFY2021 5307 funding and $432,289 (remaining apportionment) of FFY2020 5307 funding that will be matched by $1,227,267 in local funds. The local funds are from City of Pueblo general fund as dedicated by the City's FY2021 budget. These funds are intended to subsidize Pueblo Transit’s additional operating expenditures incurred in FY 2021. FINANCIAL IMPLICATIONS: The anticipated total project cost is $3,288,143.00. The Federal share is $2,060,876 and the required local match is $1,227,267. BOARD/COMMISSION RECOMMENDATION: Pueblo Transit Board recommends approval. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: The alternative, should this Ordinance not pass, is for the City of Pueblo to provide all funding necessary to cover for additional expenditures incurred in FY 2021. RECOMMENDATION: Approval of the Ordinance. Attachments: Federal Operating Grant # CO-2021-039-00 Grant Certification UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-28, February 9, 2021) On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official signs this Grant Agreement, FTA has obligated and awarded federal assistance as provided below. Upon execution of this Grant Agreement by the Recipient named below, the Recipient affirms this FTA Award, enters into this Grant Agreement with FTA, and binds its compliance with the terms of this Grant Agreement. The following documents are incorporated by reference and made part of this Grant Agreement: (1) "Federal Transit Administration Master Agreement," FTA MA(28), February 9, 2021, http://www.transit.dot.gov, (2) The Certifications and Assurances applicable to the FTA Award that the Recipient has selected and provided to FTA, and (3) Any Award notification containing special conditions or requirements, if issued. WHEN THE TERM "FTA AWARD" OR "AWARD" IS USED, EITHER IN THIS GRANT AGREEMENT OR THE APPLICABLE MASTER AGREEMENT, "AWARD" ALSO INCLUDES ALL TERMS AND CONDITIONS SET FORTH IN THIS GRANT AGREEMENT. FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE RECIPIENT DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING FTA's AWARD DATE SET FORTH HEREIN. 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-2021-039-00 Award Name: FFY2020 & 21 Section 5307 Small Urban Formula - Operating, Paratransit, and PM Award Start Date: 9/7/2021 Original Award End Date: 3/31/2023 Current Award End Date: 3/31/2023 Award Executive Summary: The City of Pueblo, Colorado (Pueblo Transit) is applying for $1,628,587 (partial apportionment) of FFY2021 5307 funding and $432,289 (remaining apportionment) of FFY2020 5307 funding that will be matched by $1,227,267 in local funds. The local funds are from City of Pueblo general fund as dedicated by the City's FY2021 budget. This funding request includes the following activities: • Operating Assistance, including 1% for security for both FY20 and FY21 apportionments; • Paratransit service; • Preventive maintenance (vehicle); and • Preventive maintenance (facility). Program Requirements: - FFY2020 Apportionment - 1% for security for the full FFY20 apportionment is included in this grant in the amount of$ $21,774 (federal) - FFY2021 Apportionment - 1% for security for the full FFY21 apportionment is included in this grant in the amount of$21,735 (federal) - FFY2020 10% apportionment use toward Paratransit with an 80/20 match ratio is used in grant#CO-2021-001-00 - FFY2021 10% apportionment use toward Paratransit with an 80/20 match ratio is used in this grant Pre-award authority is used for approximately $601,089 through the end of July 2021. The following supporting documents are included in Application Details: • Program of Projects • STIP/TIP Research and Development: This award does not include research and development activities. Indirect Costs: This award does not include an indirect cost rate. Suballocation Funds: Recipient organization is directly allocated these funds and is eligible to apply for and receive these funds directly. Pre-Award Authority: This award is using Pre-Award Authority. Award Budget Total Award Budget: $3,288,143.00 Amount of Federal Assistance Obligated for This FTA Action (in U.S. Dollars): $2,060,876.00 Amount of Non-Federal Funds Committed to This FTA Action (in U.S. Dollars): $1,227,267.00 Total FTA Amount Awarded and Obligated (in U.S. Dollars): $2,060,876.00 Total Non-Federal Funds Committed to the Overall Award (in U.S. Dollars): $1,227,267.00 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 5307 - Urbanized Area Formula Grants 5307-2A 20507 $2,060,876 (2013 and forward) Local $1,227,267 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $0 Adjustment $0 Total Eligible Cost $3,288,143 (The Transportation Development Credits are not added to the amount of the Total Award Budget.) U.S. Department of Labor Certification of Public Transportation Employee Protective Arrangements: Review Decision: DOL Concurs - Certified Original Certification Date: 9/3/2021 Special Conditions There are no special conditions. FINDINGS AND DETERMINATIONS By signing this Award on behalf of FTA, I am making all the determinations and findings required by federal law and regulations before this Award may be made. FTA AWARD OF THE GRANT AGREEMENT Awarded By: Cindy Terwilliger Regional Administrator FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION Contact Info: cindy.terwilliger@dot.gov Award Date: 9/7/2021 EXECUTION OF THE GRANT AGREEMENT Upon full execution of this Grant Agreement by the Recipient, the Effective Date will be the date FTA or the Federal Government awarded Federal assistance for this Grant Agreement. By executing this Grant Agreement, the Recipient intends to enter into a legally binding agreement in which the Recipient: (1) Affirms this FTA Award, (2) Adopts and ratifies all of the following information it has submitted to FTA: (a) Statements, (b) Representations, (c) Warranties, (d) Covenants, and (e) Materials, (3) Consents to comply with the requirements of this FTA Award, and (4) Agrees to all terms and conditions set forth in this Grant Agreement. Executed By: Benjamin Valdez Maintenance/Facilities Supervisor CITY OF PUEBLO 9/7/2021 • Executed By: Nicholas A. Gradisar Mayor City of Pueblo