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HomeMy WebLinkAbout05736r 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