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HomeMy WebLinkAbout10061ORDINANCE NO. 10061 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF OPERATING GRANT AGREMENT FTA G-28, FEBRUARY 9, 2021, RELATING TO AWARD NO. CO-2021-033- 00 BETWEEN THE CITY OF PUEBLO AND THE UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION, IN THE AMOUNT OF $1,618,027; BUDGETING AND APPROPRIATING $1,568,027.00 INTO PROJECT PT2106; AND BUDGETING AND APPROPRIATING $50,000 INTO PROJECT PT2107 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-2021-033-00 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 authorized to execute and deliver the Grant Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. With respect to the grant funds received under the Grant Agreement, $1,568,027.00 is budgeted and appropriated into Project PT2106 and $50,000.00 is budgeted and appropriated into Project PT2107. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 5. 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 22, 2021 . Final adoption of Ordinance by City Council on December 13, 2021 . President of City Council Action by the Mayor: ☒ Approved on December 20, 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 # R-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 22, 2021 TO: President Larry W. Atencio and Members of City Council CC: Nick 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 TO AWARD NO. CO-2021-033-00 BETWEEN THE CITY OF PUEBLO AND THE UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION, IN THE AMOUNT OF $1,618,027; BUDGETING AND APPROPRIATING $1,568,027.00 INTO PROJECT PT2106; AND BUDGETING AND APPROPRIATING $50,000 INTO PROJECT PT2107 SUMMARY: Attached is a Grant Agreement between the City of Pueblo and the Federal Transit Administration for FY2020 Section 5307 CARES Act Grant for the remaining $1,618,027 allocation. PREVIOUS COUNCIL ACTION: Council previously approved Ordinance 9911 budgeting and appropriating $4,545,991 in Cares act funding. BACKGROUND: This is an FY2020 Section 5307 CARES Act Grant for the remaining $1,618,027 allocation. Per the CARES Act, the grant requests 100% federal share. This grant utilizes CARES Act funding to prevent, prepare for, and respond to COVID-19. The grant scope of work includes the following projects: $1,568,027 - Operating assistance; and $ 50,000 - Preventive maintenance (vehicles). $1,618,027 Total Grant (remaining FY20 CARES Act apportionment) FINANCIAL IMPLICATIONS: The anticipated total project cost is $1,618,027. The Federal share is $1,618,027 and the required local match is $0. 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 not receive their 2020 CARES Act Grant Apportionment. RECOMMENDATION: Approval of the Ordinance. Attachments: Federal Grant Award # CO-2021-033-00 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-2021-033-00 Award Name: FFY2020 Section 5307 CARES Act - Pueblo Transit Operating Assistance and Preventive Maintenance Award Start Date: 8/25/2021 Original Award End Date: 6/30/2023 Current Award End Date: 6/30/2023 Award Executive Summary: This is an FY2020 Section 5307 CARES Act Grant for the remaining $1,618,027 allocation. Per the CARES Act, the grant requests 100% federal share. This grant utilizes CARES Act funding to prevent, prepare for, and respond to COVID-19. The grant scope of work includes the following projects: $1,568,027 - Operating assistance; and $ 50,000 - Preventive maintenance (vehicles). $1,618,027 Total Grant (remaining FY20 CARES Act apportionment) We agree that if we receive federal funding from the Federal Emergency Management Agency (FEMA) or through a pass-through entity through the Robert T. Stafford Disaster Relief and Emergency Assistance Act, a different federal agency, or insurance proceeds for any portion of a project activity approved for FTA funding under this Grant Agreement, we will provide written notification to FTA and will reimburse FTA for any federal share that duplicates funding provided by FEMA or another federal agency or an insurance company. Per the CARES Act, the projects in this grant are not required to be programmed in the Long Range Transportation Plan, TIP, or STIP, however, because these funds are being used with time to be included in the STIP, Pueblo did include them in the STIP for FY22-25. STIP documentation is uploaded in application documents. This grant uses pre-award authority in the amount of approximately $471,925 for January through the end of July 2021. 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: $1,618,027.00 Amount of Federal Assistance Obligated for This FTA Action (in U.S. Dollars): $1,618,027.00 Amount of Non-Federal Funds Committed to This FTA Action (in U.S. Dollars): $0.00 Total FTA Amount Awarded and Obligated (in U.S. Dollars): $1,618,027.00 Total Non-Federal Funds Committed to the Overall Award (in U.S. Dollars): $0.00 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 5307-6 20507 $1,618,027 (CARES Act) Local $0 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $0 Adjustment $0 Total Eligible Cost $1,618,027 (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: 8/25/2021 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: 8/25/2021 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 8/27/2021 Executed by: icholas A. Gr ar Mayor City of Pueblo GRANT APPLICATION CERTIFICATION To: Larry A. Atencio, President of the City Council Nicholas A. Gradisar, Mayor Re: 5307 Cares Act Grant CO-2021-033-00 I hereby certify that 1 have reviewed and am familiar with the attached documents, and to the best of my knowledge and belief, said documents are true and correct and do not contain any false or untrue statement, condition, certification or assurance. Signature: - VIPP Name (print): Benjamin R Valdez 02 November 2021 Date Title: Transit Director