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Home My WebLink About05854ORDINANCE NO 5854 AN ORDINANCE APPROVING A CONTRACT, PROJECT NO. CO- 904078 -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 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- XO78 -00, covering a Federal Transit Grant under Section 9 of the Urban Mass Transportation Act, as amended, to assist in meeting adjusted eligible net operating deficits incurred by the Pueblo Transportation Company during calendar year 1994, 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 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: January 10 , 1994 By JOHN CALIFANO Councilman APPROVED c�� 2&�� P, n of City Council ATTEST: City Clerk 1 r UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT PART I OF H NOTIFICATION OF GRANT APPROVAL and 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. §§ 1602, 1607a, 1607a -2, AND /OR 1621; AND /OR TITLE 23, U.S.C. (HIGHWAYS) Form FTA 3 &9(C) December 1993 NOTIFICATION OF GRANT APPROVAL Grant No.: CO -90- X078 -00 GRANTEE City of Pueblo, Colorado DESIGNATED RECIPIENT City of Pueblo, Colorado SECTION OF STATUTE Section 9 ESTIMATED TOTAL PROGRAM COST One Million, Four Hundred Seventy -Five Thousand, Eight Hundred Dollars ($1,475,800) MAXIMUM FEDERAL GRANT AMOUNT Seven Hundred Sixty -Seven Thousand, Seven Hundred Eighty Dollars ($767,780) IDENTIFICATION OF SOURCES OF FEDERAL FINANCIAL ASSISTANCE Total Accounting Classification Code Amount 92.21.90.91.1.04 (Operating) $ 87,009 93.21.90.91.1.04 (Operating) 601,091 93.21.90.9 1. 1.00 (Capital - 80/20) 11,040 93.21.90.91.1.02 (Planning) 4,553 94.21.90.91.1.02 (Planning) 64,087 Total $767,780 DATE OF SECTION 13(c) CERTIFICATION December 7, 1993 PROGRAM DESCRIPTION (See attached Approved Project Budget) DEC 17 1993 OBLIGATION DATE 7 G N AD T TOR APPROVAL DATE APPROVED PROJECT BUDGET 12/17/93 GRANTEE: CITY OF PUEBLO PUEBLO, COLORADO GRANT NO.: CO- 90- XO78 -00 BUDGET NO.: 01 SCOPE 111 -00 BUS - REVENUE ROLLING STOCK ..............$ ACTIVITY 11.12.40 ASSOCIATED CAPITAL MAINTENANCE $ SCOPE 300 -00 OPERATING ASSISTANCE .....................$ ACTIVITY 30.09.00 ELIGIBLE NET TRANSIT OPERATING $ EXPENSES FOR 1/1/94- 12/31/94 SCOPE 411 -00 PLANNING ASSISTANCE ......................$ ACTIVITY 41.11.00 PROGRAM SUPPORT AND ADMINI- $ STRATION 41.14.00 SHORT -RANGE TRANSIT PLANNING $ TOTAL ............ ..............................$ FEDERAL AMOUNT 11,040 $ 11,040 $ 68,640 $ PAGE 1 TOTAL AMOUNT 13,800 13,800 1,376,200 1,376,200 16,700 $ 20,875 51,940 $ 64,925 767,780 $ 1,475,800 ESTIMATED NET PROJECT COST $ 1,475,800 FEDERAL SHARE $ 767,780 LOCAL SHARE $ 708,020 SOURCES OF FEDERAL FINANCIAL ASSISTANCE FUNDING UZA: 081760 FUNDING UZA NAME: PUEBLO, CO ACCOUNTING PREVIOUSLY AMENDMENT CLASSIFICATION FPC DESCRIPTION APPROVED AMOUNT TOTAL 94.21.90.91.1 02 FY 1994, SEC 9 $ 0 $ 64,087 $ 64,087 PLANNING 93.21.90.91.1 00 FY 1993, SEC 9 $ 0 $ 11,040 $ 11,040 CAPITAL 93.21.90.91.1 02 FY 1993, SEC 9 $ 0 $ 4,553 $ 4,553 PLANNING 93.21.90.91.1 04 FY 1993, SEC 9 $ 0 $ 601,091 $ 601,091 OPERATING 92.21.90.91.1 04 FY 1992, SEC 9 $ 0 $ 87,009 $ 87,009 OPERATING TOTAL: $ 0 $ 767,780 $ 767,780 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. §§ 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 the 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 or 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 or 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 Federal financial assistance under this Grant Agreement. Accordingly, the Government will provide Federal financial assistance equal to the smallest of the following amounts: (1) the maximum amount permitted by Federal law and regulations, (2) the amount designated in the Notification of Grant approval as "Maximum Federal Funds Approved," or (3) the amount calculated in accordance with the "Maximum Percentage(s) of Federal Participation," set forth in the Notification of Grant Approval. Form FTA 3 &9(C) December 1993 Pane I b. For purposes of this Grant Agreement, "Net Project Cost" must conform 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 sufficient funds, 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 agrees that none of the funds it provides will be derived from: (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. 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 otherwise 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.0 app. § 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 DOL to 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. Section 6. Planning The Grant Recipient agrees to comply with the plans developed in accordance with section 8 of the Federal Transit Act, as amended, and joint FHWA/FTA regulations, "Planning Assistance and Standards," 23 C.F.R. Part 450 and 49 C.F.R. Part 613 Page 2 Section 7. 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 Reg'uirement The Grant Recipient agrees that the Government may, at least annually, and more frequently in its discretion, either conduct or require the Grant Recipient to have independently conducted any reviews and audits that the Government deems appropriate, pursuant to the provisions of section 9(g) of the Federal Transit Act, as amended, 49 U.S. C. app. § 1607a(g), and applicable regulations or guidelines that the Government may issue. c. Half Fare Requirement The Grant Recipient agrees 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 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 by contract directly with the original manufacturer or supplier of the item to be replaced an associated capital maintenance item eligible under section 90) of the Federal Transit Act, as amended, 49 U.S.C. app. § 1607ao), 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 agrees to conform, and assures that any mass transportation operator to which the Grant Recipient provides funds derived under section 9 of the Federal Transit Act, as amended, 49 U.S.C. app. § 1607a, will conform, to the reporting system and the uniform system of accounts and records required by section 15 of the Federal Transit Act, as amended, 49 U.S.C. app. 1611, and FTA regulations, "Uniform System of Accounts and Records and Reporting System," 49 C.F.R. Part 630. Paize 3 14 f. Annual Report on Advertising and Concession Revenues The Grant Recipient agrees to submit an annual report to FTA on advertising and concession revenues and sales. The Grant Recipient may satisfy this requirement by submitting the necessary data in its quarterly financial reports. g. Transit Security Each fiscal year, the Grant Recipient agrees to spend for transit security projects at least one percent of its funds derived from section 9 of the Federal Transit Act, as amended, 49 U.S.C. § 1607a, unless the Grant Recipient has certified to 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, section 9 assistance provided under this Grant Agreement for operating assistance may be applied to the Net Project Cost of the Grant Recipient's operating expenses incurred during the project time period specified in the Approved Project Budget. Section 8. Project Manaizement 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. § 1619, and applicable implementing regulations that may be issued thereunder. Section 9. The Grant Agreement a. This Grant Agreement consists of two parts: this Part I of II, "Notification of Grant Approval and General Provisions," Form FTA 3 &9(C), December 1993; and Part II of II, "Federal Transit Administration Agreement, Terms and Conditions," Form FTA II(C), December 1993. 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. b. 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. Section 10. Execution of the Grant Agreement This Grant Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original Page 4 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 to provide this financial assistance 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. i day of � f}N u*V y 19 . Executed this , ATTEST: A C , C,.ERK -- alry OF Tctic81' TITLE AND ORGANIZATION BY' ,?RESIPa.NT OFTH9 COUNCIL &, ry Dr T TITLE AND ORGANIZATION Page 5 CERTIFICATION OF GRANT RECIPIENT'S ATTORNEY I, Mf+s E• Ti16GP_ Lk , 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 _TAWm V 2Y If I f . A copy of this authorization is attached or has previously been submitted to 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 3r ` day of JAS U t4R g , 19l. SIGNATURE C - r /`t / 7`e✓4�trt� — ( ai &44j TITLE AND ORGANIZA ION Page 6 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FEDERAL TRANSIT ADMINISTRATION AGREEMENT 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 et M.; 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(C) December 1993