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ORDINANCE NO. 5736
AN ORDINANCE APPROVING A CONTRACT, PROJECT
NO. CO- 904063 -00, BETWEEN PUEBLO, A MUNICIPAL
CORPORATION, AND THE UNITED STATES OF AMERICA,
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL
TO EXECUTE SAME
BE IT ORDAINED BYTHE CITY COUNCIL OF PUEBLO, COLORADO,
that,
SECTION 1.
A certain Contract, after having been approved by the City Attorney, by
and between PUEBLO, A MUNICIPAL CORPORATION, and the UNITED STATES OF
AMERICA, relating to project number CO -90- X063 -00, covering a Federal Transit
Administration Grant under Section 9 of the Federal Transit Act, as amended, to
assist in meeting net operating transit expenses incurred by the Pueblo
Transportation Company during calendar year 1992, purchase of new major bus parts,
and planning assistance to support transit elements of the FY 1992 Unified Planning
Work Program, be and the same are hereby approved. Copies of which are on file in
the City Clerk's Office.
SECTION 2.
The President of the Council is hereby authorized to execute said Contract
on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the
Seal of the City thereto and attest the same.
SECTION 3.
This Ordinance shall become effective immediately upon passage and
approval.
INTRODUCED: February 10 , 1992
B y SAMUEL CORSENTINO
Councilman
APPROVED:
President City Council
ATTEST:
Q Clerk -
n
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
NOTIFICATION OF GRANT APPROVAL
SECTIONS 9 AND /OR 9B OF THE FEDERAL TRANSIT ACT,
AS AMENDED, 49 U.S.C. APP. SECTIONS 1601 ET SEO.
PROGRAM NO.: CO -90- X063 -00
GRANTEE City of Pueblo, CO
DESIGNATED RECIPIENT City of Pueblo, CO
ESTIMATED TOTAL PROGRAM COST One Million, Three Hundred Ninety
Thousand, Eight Hundred Twelve Dollars ($1,390,812)
MAXIMUM FEDERAL GRANT AMOUNT Seven Hundred Twenty -Seven
Thousand, Six Hundred Thirty Dollars ($727,630)
IDENTIFICATION OF SOURCES OF FEDERAL FINANCIAL ASSISTANCE
Total
Accounting Classification Code Amoun
89.21.90.91.1.04
(Operating)
$125,206
90.37.90.95.2.02
(Planning - 80/20)
30,334
90.21.90.91.1.04
(Operating)
516,492
90.21.90.91.1.00
(Capital - 80/20)
52,000
90.21.90.91.1.02
(Planning - 80/20)
3,598
Total
$727,630
DATE OF SECTION 13(c) CERTIFICATION December 24, 1991
PROGRAM DESCRIPTION (See attached Approved Project Budget)
• APPROVAL DATE APPROVED PROJECT BUDGET
01/15/92
GRANTEE: CITY OF PUEBLO
PUEBLO, COLORADO
GRANT NO.: CO- 90- XO63 -00 BUDGET NO.: 01
FEDERAL AMOUNT
SCOPE
111 -00 ASSOCIATED CAPITAL MAINTENANCE ............ $ 52,000
ACTIVITY
11.12.40 PURCHASE NEW MAJOR SPARE BUS $ 52,000
PARTS
491121
PAGE 1
TOTAL AMOUNT
$ 65,000
$ 65,000
300 -00 OPERATING ASSISTANCE ......................$ 641,698 $ 1,283,397
ACTIVITY
30.09.00 ELIGIBLE NET OPERATING $ 641,698 $ 1,283,397
EXPENSES FOR 1/01/92 - 12/31/92
SCOPE
411 -00 PLANNING -TECH CLASSIFICATIONS .............$ 33,932 $ 42,415
ACTIVITY
41.11.00 PROGRAM SUPPORT /ADMINISTRATION $ 10,588 $ 13,235
41.14.00 SHORT RANGE TRANSP PLANNING $ 23,344 $ 29,180
TOTAL .............. ..............................$ 727,630 $ 1,390,812
ESTIMATED NET PROJECT COST $ 1,390,812
FEDERAL SHARE $ 727,630
LOCAL SHARE $ 663,182
SOURCES OF FEDERAL F _INANCIAL ASSISTANCE
FUNDING UZA: 081760 FUNDING UZA NAME: PUEBLO, CO
ACCOUNTING
PREVIOUSLY
AMENDMENT
CLASSIFICATION
FPC
DESCRIPTION
APPROVED
AMOUNT
TOTAL
90.37.90.95.2
02
FY 1990, SEC
9B
$
30,334
$
30,334
PLANNING
90.21.90.91.1
00
FY 1990, SEC
9
$
52,000
$
52,000
CAPITAL
90.21.90.91.1
02
FY 1990, SEC
9
$
3,598
$
3,598
PLANNING
90.21.90.91.1
04
FY 1990, SEC
9
$
516,492
$
516,492
OPERATING
89.21.90.91.1
04
FY 1989, SEC
9
$
125,206
$
125,206
OPERATING
TOTAL:
$
727,630
$
727,630
CO -90- X063 -00 Page 2
SPECIAL CONDITIONS. REQUIREMENTS, OR PROVISIONS
SPECIAL PROVISIONS: The Intermodal Surface Transportation
Efficiency Act of 1991, Pub. L. 102 -240, includes several name
changes affecting the transit program as set forth below:
(1) Section 3003(a) of the Intermodal Surface
Transportation Efficiency Act of 1991 changed the name of
the "Urban Mass Transportation Act of 1964" to the "Federal
Transit Act." Therefore, any reference in any law, map,
regulation, document, paper, or other record of the United
States to the Urban Mass Transportation Act shall be deemed
a reference to the Federal Transit Act.
(2) Section 3004(a) of the Intermodal Surface
Transportation Efficiency Act of 1991 changed the name
of the "Urban Mass Transportation Administration" to the
"Federal Transit Administration." Therefore, any
reference in any law, map, regulation, document, paper,
or other record of the United States to the Urban Mass
Transportation Administration shall be deemed a reference
to the Federal Transit Administration.
(3) Section 3004(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 changed the name
of the "Urban Mass Transportation Administrator" to the
"Federal Transit Administrator." Therefore, any reference
in any law, map, regulation, document, paper, or other
record of the United States to the Urban Mass
Transportation Administrator shall be deemed a reference to
the Federal Transit Administrator.
SPECIAL REQUIREMENT: In accordance with Section 623 of the
Treasury, U.S. Postal Service and General Government
Appropriations Act of 1992, Pub. L. 102 -141, with respect to
any procurement for goods or services (including construction
services) having an aggregate value of $500,000 or more,
the Grantee agrees to: (1) specify in any announcement of
the awarding of the contract for such goods or services the
amount of Federal funds that will be used to finance the
acquisition; and (2) express the said amount as a
percentage of the total costs of the planned acquisition.
JAN 15 1992
OBLIGATION DATE
RE IO L ADMINIS RA OR
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
GRANT
SECTION 9 AND /OR 9B OF THE FEDERAL TRANSIT ACT,
AS AMENDED, 49 U.S.C. APP. SECTIONS 1601 ET SEO.
PART I
THIS GRANT, effective on the date specified in the Notification
of Grant Approval, is entered into by and between the Federal
Transit Administration (FTA) of the United States of America
( "Government ") and the Grantee named in the Notification of Grant
Approval.
In consideration of the mutual covenants, promises, and
representations herein, the parties hereto agree as follows:
Section 1. Purpose of Grant - The purpose of this Grant is
to provide for the undertaking of a public transit planning,
acquisition, construction, improvement, and /or operating program
( "Program ") or project ( "Project ") as authorized under the Federal
Transit Act, as amended; and /or Title 23, U.S.C. (Highways) with
Federal financial assistance to the Grantee in the form of a grant
( "Grant "), for the purposes set forth in the Program /Project
Description in the Notification of Grant Approval that are in
accordance with the statutes and any implementing regulations or
guidelines; and to state the terms and conditions upon which such
assistance will be provided and the manner in which the Project or
the projects in the Program will be undertaken and the Program or
Project planning studies, facilities, or equipment will be used.
Section 2. The Program /Project - The Grantee agrees to
undertake and complete the Program or Project, and to provide for
the use of the Program or Project facilities or equipment,
substantially as described in its Application, incorporated herein
by reference, filed with and approved by the Government, and in
accordance with the terms and conditions of this Grant. The
"Program /Project Description" in the Notification of Grant
Approval describes the Program or Project to be funded by this
Grant.
Section 3. Federal Assistance a. The Government intends to
assist the Grantee in financing that portion of the Project or
Program of Projects that cannot reasonably be financed from the
Grantee's revenues, i.e. "Net Project Cost" of the Project or "Net
Project Cost" of all projects in the Program of Projects. The Net
Project Cost (which includes amendments) of all projects covered
Page 1
by this Grant is set forth on the Notification of Approval, and
forms the basis for calculating the financial assistance under
this - Grant. Accordingly, the Government will make a Grant in an
amount equal to: (1) the maximum amount permitted by Federal law
and regulations, or (2) the amount designated in the Notification
of Grant Approval as "Maximum Federal Funds Approved," or (3) the
amount designated in the Notification of Grant Approval as
"Maximum Percentage(s) of Federal Participation," whichever is the
least. With respect to operating assistance projects financed
under Section 9 of the Federal Transit Act, as amended,
notwithstanding any provision to the contrary, the Federal
financial assistance provided under this Grant may be applied to
the Net Project Cost incurred during the project time period
specified in the Approved Project Budget.
b. For purposes of this Grant, "Net Project Cost" must
be in conformance with the requirements of Office of Management
and Budget Circular A -87, Revised, "Cost Principles Applicable to
Grants and Contracts with State and Local Governments," and with
any guidelines or regulations issued by the Government.
c. The obligation of the Government to make Federal Grant
payments shall not exceed the amount provided in the Program or
Project Budget.
Section 4. Local Share - The Grantee agrees that it will
provide from sources other than (a) Federal funds (except as may
otherwise be authorized by Federal statute), (b) receipts from the
use of the Program or Project facilities or equipment (except as
may otherwise be authorized by Federal statute) or (c) revenues of
the public transportation system in which such facilities or
equipment are used, funds in an amount sufficient, together with
the Grant, to assure payment of either the actual Project Cost of
each project in the Program or the actual Project Cost. The
Grantee further agrees that no refund or reduction of the amount
so provided will be made at any time, unless there is at the same
time a refund to the Government of a proportional amount of the
Grant. The Grantee's obligation to provide the Local Share is
calculated on a project -by- project basis for either each project
in the Program or the Project as a whole. .
Section 5. Labor Protection - The Grantee agrees to
undertake, carry out, and complete the Project consistent with the
terms and conditions determined by the Secretary of Labor to be
fair and equitable to protect the interests of employees affected
by the Project and meet the requirements of Section 13(c) of the
Federal Transit Act, as amended, 49 U.S.C. App. Section 1609(c),
and Department of Labor (DOL) guidelines set forth in 29 C.F.R.
Part 215. These terms and conditions are identified in the letter
of certification from DOL to FTA whose date is set forth in the
Notification of Grant Approval. The Grantee agrees to carry out
the Grant in compliance with the conditions stated in that DOL
letter. That letter and any documents cited in that letter are
incorporated herein by reference and made part of this Grant.
Page 2
r
Section 6. Special Condition Pertaining to Projects Financed
with Funds Derived from the Mass Transit Account - Before payments
may be made to the Grantee for costs of projects financed from
funds derived from the Mass Transit Account of the Highway Trust
Fund, sufficient funds must be available in the Mass Transit
Account and an adequate liquidating cash appropriation must have
been enacted into law.
Section 7. Special Requirements for Section 9 Projects
a. Fares and Services - The Grantee agrees that it
will utilize its administrative process to solicit and consider
public comment prior to raising fares or implementing a major
reduction of service.
b. Audit Requirement - The Government may, at
least annually and more frequently in its discretion, either
conduct or require the Grantee to have independently conducted,
reviews and audits as the Government may deem appropriate
pursuant to the provisions of section 9(g) of the Federal Transit
Act, as amended, 49 U.S.C. App. Section 1607a(g), and any
regulations or guidelines that may be issued by the Government.
c. Half -Fare Requirement - The Grantee agrees and
assures that the rates charged elderly and handicapped persons
during nonpeak hours for transportation utilizing or involving the
facilities and equipment financed pursuant to this Grant will not
exceed one -half of the rates generally applicable to other persons
at peak hours, whether the operation of such facilities and
equipment is by the Grantee or is by another entity under lease or
otherwise. The Grantee agrees and assures that it will give the
rate required herein to any person presenting a Medicare card duly
issued to that person pursuant to title II or title XVIII of the
Social Security Act.
d. Sole Source Procurement - Provided that the
Grantee complies with applicable Buy America statutory and
regulatory provisions, the Grantee may, without prior Government
(FTA) approval, procure an associated capital maintenance item
eligible under section 9(j) of the Federal Transit Act, 49 U.S.C.
App. Section 1607a(j), by contract directly with the original
manufacturer or supplier of the item to be replaced, provided that
the Grantee first certifies in writing to the Government that:
(1) such manufacturer or supplier is the only source of such item;
and (2) the price of such item is no higher than the price paid
for such item by like customers.
Section 8. Special Condition Pertaining to Major Capital
Projects - The Grantee shall implement a project management plan,
as approved by the Government, in accordance with the requirements
of section 23 of the Federal Transit Act, as amended, 49 U.S.C.
App. Section 1619, and any implementing regulations that may be
issued thereunder.
Page 3
Section 9. Special Condition Pertaining to Interest
Advance Construction Protects - Provided that the Grantee has
submitted to the Government a satisfactory certification that the
Grantee has used due diligence in seeking the most favorable
financing terms, in conformance with 49 U.S.C. App. Section
1602(1)(2)(B), interest earned and payable on bonds issued by the
State or local public body shall be an eligible project cost to
the extent that the proceeds of such bonds have actually been
expended in carrying out the project or a portion of the project,
and to the extent that those costs are not greater than the costs
of the most favorable interest terms reasonably available for the
project at the time of borrowing.
Section 10. Transfer of Assets - The Grantee may transfer
assets financed under the Federal Transit Act, as amended, to a
public body to be used for any public purpose with no further
obligation to the Federal Government, provided that transfer is
authorized by the Federal Transit Administrator and meets the
requirements of 49 U.S.C. App. Section 1608(k).
Section 11. Award to Other Than the Lowest Bidder - In
accordance with the provisions of 49 U.S.C. App. Section
1608(1)(3), a Grantee may award a third party contract to other
than the lowest bidder in connection with a procurement financed
under the Federal Transit Act, as amended, when such award
furthers objectives that are consistent with the purposes of this
Act, provided the award comports with the applicable regulations
and /or guidance that the FTA may issue.
Section 12. The Grant - This Grant consists of the
Notification of Grant Approval; this Part I, Form FTA 1000, dated
12/18/91, entitled Federal Transit Administration Grant; and
Part II, Form UMTA F 5K, Rev. 5/89, entitled Federal Transit
Agreement, Terms and Conditions. Should the Grant award letter
include special conditions for the Project or the projects in this
Program, that letter is incorporated herein by reference and made
part of this Grant.
Amendments to any of these documents shall require a formal
amendment to this Grant, except that re- allocations of funds among
budget items or fiscal years without increasing the total amount
of the Federal Grant may be made in accordance with all FTA
circulars and regulations. Amendments of any type that pertain to
funding shall require the issuance of a new Program or Project
Budget.
Section 14. Execution of Grant - This Grant may be
simultaneously executed in several counterparts, each of which
counterparts shall be deemed to be an original having identical
legal effect. After the Notification of Grant Approval has been
signed by the Government, this Grant should be executed by the
Grantee. The Government may withdraw its obligation hereunder if
the Grant Agreement is not executed within ninety (90) days after
the Obligation Date. The effective date of the Grant shall be the
Obligation Date. The effective date of any Amendment shall be the
Obligation Date for that Amendment.
Page 4
The Grantee does hereby ratify and adopt all statements,
representations, warranties, covenants, and materials submitted by
it, and does hereby accept the Government's award of financial
assistance and agrees to all of the terms and conditions of this
Grant.
Executed this 24th day of
ATTEST:
C ty Clerk
City of Pueblo
TITLE AND ORGANIZATION
February , 19 92
BY:
Pres' dent of the City Council
Cit of Pueblo
TITLE AND ORGANIZATION
CERTIFICATION OF GRANTEE'S ATTORNEY
I, Thomas E. Jagger , acting as Attorney for the Grantee
do hereby certify that I have examined this Grant and have
ascertained that execution of the Grant was authorized on the date
of February 24, 1992 A copy of this authorization is
attached or has previously been submitted to FTA. The execution
of this Grant and the proceedings taken by the Grantee are in all
respects due and proper and in accordance with applicable State
and local law. I further certify that, in my opinion, said Grant
constitutes a legal and binding obligation of the Grantee in
accordance with the terms thereof and certify that, to the best of
my knowledge, there is no legislation or litigation pending or
threatened which might adversely affect the performance of the
Project in accordance with the terms of this Grant.
Dated this 24th day of February , 19 92
SIGNATURE
City Attorn y
Citv of Pueblo
TITLE AND ORGANIZATION
Page 5
t
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
URBAN MASS TRANSPORTATION ADMINISTRATION
r
r
t
WASHINGTON, D.C. 20590
&4%,
URBAN MASS TRANSPORTATION AGREEMENT
VA - 114M - OA
For Projects under section 3, 4(i), 6, 8, 9, 9b, 16(b)(2), 18,
18(h), 20, and /or 24 of the Urban Mass Transportation Act of 1964,
as amended, 49 U.S.C. app. §§ 1601 et seq.; and for Mass
Transportation Projects under title 23, U.S.C. (Highways).
Form UMTA F 5K
Rev. 5/89