HomeMy WebLinkAbout05788ORDINANCE NO. 5788
AN ORDINANCE APPROVING A CONTRACT, PROJECT NO.
CO- 904071 -00, BETWEEN PUEBLO, A MUNICIPAL CORPORATION,
AND THE UNITED STATES OF AMERICA, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME
BE IT ORDAINED BY THE 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- X071 -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 1993, purchase of four (4) new accessible 35 -foot transit buses for
replacement, two (2) new accessible vans for expansion, associated capital
maintenance, upgrade of fueling stations and planning assistance to support transit
elements of the FY 1993 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 City 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: F br jary _ 2 _ 2 , 1993
By: SAMUEI, CORSENTINO
Councilperson
APPROVED:
President City Council
ATTEST:
`� ///
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
PART I OF II
NOTIFICATION OF GRANT APPROVAL and G ENERAL PROVISIONS
For Projects Authorized Under
SECTIONS 3, 9, 9B, AND /OR 25 OF THE
FEDERAL TRANSIT ACT, AS AMENDED
49 U.S.C. APP. SECTIONS 1602, 1607a, 1607a -2, AND /OR 1621;
AND /OR TITLE 23, U.S.C. (HIGHWAYS)
Form FTA 3&:9(A)
December 1992
NOTIFICATION OF GRANT APPROVAL
Grant No.: CO -90- X071 -00
GRANTEE City of Pueblo, Colorado
DESIGNATED RECIPIENT City of Pueblo, Colorado
SECTION OF STATUTE Section 9
ESTIMATED TOTAL PROGRAM COST Two Million, Three Hundred Eleven
Thousand, Forty -Four Dollars ($2,311,044)
MAXIMUM FEDERAL GRANT AMOUNT One Million, Four Hundred Seventy -
Four Thousand, Five Hundred Eighty -Five Dollars ($1,474,585)
IDENTIFICATION OF SOURCES OF FEDERAL FINANCIAL ASSISTANCE
Total
Accounting Classification Code Amount
90.21.90.91.1.04
(Operating)
$ 86,908
91.37.90.95.2.00
(Capital -
80/20)
86,928
91.21.90.91.1.04
(Operating)
536,841
91.21.90.91.1.00
(Capital -
80/20)
130,407
92.37.90.95.2.02
(Planning)
46,036
92.37.90.95.2.00
(Capital -
80/20)
111,848
92.21.90.91.1.00
(Capital -
80/20)
475,617
Total
$1,474,585
DATE OF SECTION 13(c) CERTIFICATION December 8, 1992
PROGRAM DESCRIPTION (See attached Approved Project Budget)
DEC x,81992
OBLIGATION DATE
RENO AL ADMIN ST ATOR
APPROVAL DATE APPROVED PROJECT BUDGET
12/28/92
GRANTEE: CITY OF PUEBLO
PUEBLO, COLORADO
GRANT NO.: CO- 90- XO71 -00 BUDGET NO.: 01
SCOPE
111 -00 REVENI
BUS
ACTIVITY
11.12.02
11.12.40
11.13.15
SCOPE
JE ROLLING STOCK - ..................$
PURCHASE FOUR NEW ACCESSIBLE $
35 -FOOT BUSES FOR REPLACEMENT
ASSOCIATED CAPITAL MAINTENANCE $
PURCHASE TWO NEW ACCESSIBLE $
VANS FOR EXPANSION
114 -00 SUPPORT EQUIPMENT AND ....................$
FACILITIES
ACTIVITY
11.44.02 UPGRADE FUELING STATION $
TOTAL CAPITAL ..... ..............................$
SCOPE
300 -00 OPERATING ASSISTANCE .....................$
ACTIVITY
30.09.00 ELIGIBLE NET OPERATING $
EXPENSES FOR CY 1993
SCOPE
411 -00 PLANNING ASSISTANCE ......................$
ACTIVITY
41.11.00 PROGRAM SUPPORT AND $
ADMINISTRATION
41.14.00 SHORT RANGE TRANSIT PLANNING $
TOTAL ............ ..............................$
ESTIMATED NET PROJECT COST
FEDERAL SHARE
LOCAL SHARE
SOURCES OF FEDERAL FINANCIAL ASSISTANCE
FUNDING UZA: 081760 FUNDING UZA NAME: PUEBLO, CO
PAGE 1
FEDERAL AMOUNT TOTAL AMOUNT
724,800 $ 906,000
640,000 $ 800,000
40,000 $ 50,000
44,800 $ 56,000
ACCOUNTING PREVIOUSLY
CLASSIFICATION FPC DESCRIPTION APPROVED
92.37.90.95.2 00 FY 1992, SEC 9B $ 0 $
CAPITAL
80,000 $ 100,000
80,000 $ 100,000
804,800 $ 1,006,000
623,749 $ 1,247,499
623,749 $ 1,247,499
46,036 $ 57,545
14,336
$
17,920
31,700
$
39,625
1,474,585
$
2,311,044
$ 2,311,044
$ 1,474,585
$ 836,459
AMENDMENT
AMOUNT TOTAL
111,848 $ 111,848
APPROVAL DATE
APPROVED
PROJECT BUDGET
PAGE 2
12/28/92
GRANTEE: CITY
OF
PUEBLO
PUEBLO,
COLORADO
GRANT NO.: CO- 90-
XO71 -00 BUDGET
NO.:
01
ACCOUNTING
PREVIOUSLY
AMENDMENT
CLASSIFICATION
FPC
DESCRIPTION
APPROVED
AMOUNT
TOTAL
92.37.90.95.2
02
FY 1992,
SEC 9B
$
0
$
46,036
$
46,036
PLANNING
92.21.90.91.1
00
FY 1992,
SEC 9
$
0
$
475,617
$
475,617
CAPITAL
91.37.90.95.2
00
FY 1991,
SEC 9B
$
0
$
86,928
$
86,928
CAPITAL
91.21.90.91.1
00
FY 1991,
SEC 9
$
0
$
130,407
$
130,407
CAPITAL
91.21.90.91.1
04
FY 1991,
SEC 9
$
0
$
536,841
$
536,841
OPERATING
90.21.90.91.1
04
FY 1990,
SEC 9
$
0
$
86,908
$
86,908
OPERATING
TOTAL:
$
0
$
1,474,585
$
1,474,585
GENERAL PROVISIONS
For Projects Authorized Under
SECTIONS 3, 9, 9B, AND /OR 25 OF THE
FEDERAL TRANSIT ACT, AS AMENDED
49 U.S.C. APP. SECTIONS 1602, 1607a, 1607a -2, AND /OR 1621;
AND /OR TITLE 23, U.S.C. (HIGHWAYS)
The U.S. Department of Transportation, Federal Transit
Administration (FTA) and the Grant Recipient named in the
Notification of Grant Approval have entered into this Grant
Agreement.
In consideration of the mutual covenants, promises, and
representations herein, the parties hereto agree as follows:
Section 1. Purpose of Grant Agreement The purpose of
this Grant Agreement is to set forth the terms and conditions
under which the Government will provide Federal financial
assistance to the Grant Recipient to carry out the public
transit project (Project) or program of projects (Program)
described in the Notification of Grant Approval.
Section 2. The Project /Program The Grant Recipient
agrees to undertake and complete the Project or Program, and
to provide for the use of the Project or Program 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 Agreement. The "Project /Program
Description" in the Notification of Grant Approval describes
the Project or Program to be funded by this Grant Agreement.
Section 3. Federal Financial Assistance a. The
Government intends to assist the Grant Recipient in financing
that portion of the Project or Program that cannot reasonably
be financed from the Grant Recipient's revenues, i.e., "Net
Project Cost" of the Project or "Net Project Cost" of all
projects in the Program. The Estimated Net Project Cost
(which includes amendments) of all projects covered by this
Grant Agreement is set forth on the Notification of Approval,
and forms the basis for calculating the financial assistance
under this Grant Agreement. Accordingly, the Government will
provide Federal financial assistance 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
Form FTA 3&:9(A)
December 1992
Page 1
Approval as "Maximum Percentage(s) of Federal Participation,"
whichever is the least.
b. For purposes of this Grant Agreement, "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 applicable guidelines or
regulations issued by the Government.
c. The Government's obligation to make Federal
assistance payments is limited to the amounts set forth in
the Approved Project Budget.
Section 4. Local Share The Grant Recipient 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 Project or Program
facilities or equipment (except as may otherwise be
authorized by Federal statute) or (c) revenues of the public
transit system in which such facilities or equipment are
used, funds in an amount sufficient, together with the
Federal financial assistance provided, to assure payment of
the actual Project Cost of each project covered under this
Grant Agreement. The Grant Recipient further agrees that no
refund or reduction of the amount provided by the Government
will be made at any time, unless there is at the same time a
refund to the Government of a proportional amount of the
Federal financial assistance provided, unless expressly
approved in writing by the Government. The Grant Recipient's
obligation to provide the Local Share is calculated on a
project -by- project basis for each project covered by this
Grant Agreement, whether or not the project is included
within a Program of Projects.
Section 5. Labor Protection The Grant Recipient
agrees to carry out the Project in conformance 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, Section 13(c), Federal Transit Act, as
Amended," 29 C.F.R. Part 215. These terms and conditions are
identified in the letter of certification from the DOL to the
FTA, the date of which letter is set forth in the
Notification of Grant Approval. The Grant Recipient agrees
to carry out the Project 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 Agreement.
Page 2
Section 6. Special Requirements for Section 9 Projects
a. Fares and Services The Grant Recipient
agrees that it will use its established administrative
process to solicit and consider public comment before raising
fares or implementing a major reduction of service.
b. Audit Recruirement The Government may, at
least annually, and more frequently in its discretion, either
conduct or require the Grant Recipient to have independently
conducted reviews and audits as the Government deems
appropriate, as authorized by the provisions of Section 9(g)
of the Federal Transit Act, as amended, 49 U.S.C. app.
Section 1607a(g), and applicable regulations or guidelines
that the Government may issue.
c. Half -Fare Requirement The Grant Recipient
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 Agreement 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 Grant Recipient or is by another entity under lease
or otherwise. The Grant Recipient 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 The Grant
Recipient may, without prior Government approval, procure an
associated capital maintenance item eligible under Section
9(j) of the Federal Transit Act, as amended, 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 Grant Recipient 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; and provided that the Grant Recipient complies
with applicable Buy America statutory and regulatory
requirements.
e. Section 15 Reporting Requirements For each
fiscal year, the Grant Recipient, and any mass transportation
operator to which the Grant Recipient provides FTA funds,
agrees to conform to the reporting system and the uniform
system of accounts and records as required by Section 15 of
the Federal Transit Act, as amended, 49 U.S.C. app.
Section 1611, and FTA regulations, "Uniform System of
Accounts and Records and Reporting System," 49 C.F.R.
Part 630.
Page 3
f. Annual Report on Advertising and Concession
Revenues The Grant Recipient agrees to submit an annual
report to the FTA on advertising and concession revenues and
sales. The Grant Recipient may satifsy this requirement by
submitting the necessary data in its quarterly financial
reports.
g. Transit Security For each fiscal year, the
Grant Recipient agrees to spend at least one percent of its
Section 9 funds for transit security projects, unless the
Grant Recipient has certified to the FTA that such
expenditures are not necessary.
h. Use of FTA Funds for Operating Assistance
Projects Provided that the applicable operating assistance
limitation is not exceeded, the Federal financial assistance
provided under this Grant Agreement may be applied to the Net
Project Cost of operating assistance projects financed under
Section 9 of the Federal Transit Act, as amended, incurred
during the project time period specified in the Approved
Project Budget.
Section 7. Project Management Plan for Major Capital
Projects For each major capital project, the Grant
Recipient agrees to 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 applicable
implementing regulations that may be issued thereunder.
Section 8. The Grant Agreement This Grant Agreement
consists of two parts: this Part I of II, "Notification of
Grant Approval and General Provisions," Form FTA 3 &9(A),
December 1992; and Part II of II, "Federal Transit
Administration Agreement, Terms and Conditions," Form
FTA II(A), December 1992. The latest Approved Project Budget
is incorporated herein by reference and made part of this
Grant Agreement. Should the Federal assistance 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 Agreement.
An amendment to any of these documents shall require a
formal amendment to this Grant Agreement, except that a
re- allocation of funds among budget items or fiscal years
without increasing the total amount of the Federal financial
assistance awarded may be made in accordance with all
applicable FTA circulars and regulations. Any amendment
granting additional financial assistance shall require the
issuance of a new Approved Project Budget.
Page 4
Section 9. Execution of Grant Agreement This Grant
Agreement may be simultaneously executed in several
counterparts, each of which 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
Agreement should be executed by the Grant Recipient. 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 Agreement
shall be the Obligation Date. The effective date of any
Amendment shall be the Obligation Date for that Amendment.
The Grant Recipient does hereby ratify and adopt all
statements, representations, warranties, covenants, and
materials submitted by it, and does hereby accept the
Government's award of Federal financial assistance and agrees
to all of the terms and conditions of this Grant Agreement.
Executed this 25th day of
March
19 93
i r
ATTEST: BY'
('QTY (. 4 59K e, , Az 0,'t
TITLE AND ORGANIZATION
President of City Council
TITLE AND ORGANIZATION
Page 5
CERTIFICATION OF GRANT RECIPIENT'S ATTORNEY
I, nO/G /=- - J'44Q4�- , acting as Attorney for the
Grant Recipient do hereby certify that I have examined this
Grant Agreement and have ascertained that execution of the
Grant Agreement was authorized on the date of (99
A copy of this authorization is attached or has previously
been submitted to the FTA. The execution of this Grant
Agreement and the proceedings taken by the Grant Recipient
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 Agreement constitutes a legal and
binding obligation of the Grant Recipient 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
Agreement.
Dated this c�Y -'J day of Al N i+ 1 19 1 ? 3
SIGNATURE
0, M9.u-t - (V t rr Qt- tP4 f
TI LE AND 0 GANIZA ION
Page 6
A
UNITS STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT AE11INIS77ATI0N
WASHINGTON, D.C. 20590
PART II OF II
TERMS AND CONDITIONS
For Mass Transportation Projects financed under the
Federal Transit Act, as amended, 49 U.S.C. app. $$ 1601 gJ &W.;
under Title 23, U.S.C. (Highways); or under other provisions of
the Intermodal Surface Transportation Efficiency Act of 1991,
Pub. L. No. 102 -240, Dec. 18, 1991
Form FTA II (A)
December 1992