Fiscal Note
Funds under this grant will be used to support the 2010 and 2011 Metro Transit Capital budget. Up to 80% of the total project cost of $187,500 is funded by USDOT/FTA with the remaining 20% ($37,500) of the design & engineering project to be funded with general obligation debt.
The separate 13c agreement is a required precondition for receiving Federal grant funds. The current State budget proposals related to changes in the bargaining rights of Transit employees may make it impossible or impractical to comply with the provisions of the federally required employee protective arrangements in a 13c agreement. It is unclear whether the USDOL will be able to provide the required certification of these arrangements and the City will be able to negotiate or sign a 13c agreement required to receive this grant funding. The fact that current collective bargaining agreements have been extended to the end of 2012 may be an appropriate basis for USDOL certification as to the requested grant funds. That determination will be made as part of the federal grant approval process.
Title
Authorizing the Transit General Manager to file an application for a public transit capital grant with U.S. Department of Transportation and authorizing the Mayor and the City Clerk to execute the associated grant agreement with USDOT and the associated 13 (c) agreement with Teamsters Local No. 695.
Body
PREAMBLE
Under Section 5309 Bus and Bus Facilities Discretionary Program funds, discretionary capital funds are available for Transit System Capital projects in the City of Madison. Metro will use these funds to procure Engineering and Design services for the building site analysis and initial design phase of Metro's Facility remodel/rebuild.
WHEREAS, FTA has been delegated authority to award Federal financial assistance for a transportation project; and
WHEREAS, grants for financial assistance will impose certain obligations upon the City of Madison, including the provision of the local share of the project costs; and
WHEREAS, as a condition of the assistance, the City of Madison must provide all annual certifications and assurances required by FTA and WISDOT, and negotiate an agreement relating to the protection of mass transit employees under the provisions of Section 5333(b), formerly Section 13 (c) of the Federal Transit Act, as amended; and
WHEREAS, the U.S. Department of Transportation's Master Agreement contains a provision which requires the City to indemnify, save and hold harmless the Federal Government against any liability, including costs and expenses, resulting from any willful or intentional violation by the City of Proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the projects; and
WHEREAS, pursuant to APM 1-1, the inclusion of such a provision requires the express approval of the Common Council,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MADISON:
1. That the Transit General Manager is authorized to execute and file applications for capital
assistance on behalf of the City of Madison with WISDOT for Federal assistance authorized by Title 23 and Chapter 53 of Title 49, United States Code, or other Federal Statutes authorizing the above-mentioned projects set forth in the preamble and administered by FTA.
2. That the Transit General Manager is authorized to execute and file with such applications the annual certifications and assurances and other documents WISDOT requires before awarding a financial assistance grant.
3. That, in accordance with 3.58 of the MGO, the Transit General Manager, in conjunction with the Affirmative Action Director, is authorized to set forth and execute affirmative disadvantaged business policies in connection with the procurement needs of the grant's projects.
4. That the Mayor and City Clerk are authorized to execute grant agreements for the aforementioned applications.
5. That the agreements with FTA will contain indemnification provisions negotiated by and acceptable to Metro staff, the City Attorney and the Risk Manager.
6. That while the indemnification clause increases the City's exposure to risk; the City has coverage for indemnification clauses under its current insurance policy, subject to the policy's terms and conditions.
7. That the Mayor and City Clerk are authorized to execute agreements pursuant to Section 5333 (b) under the Federal Transit Act, as amended, between the City of Madison, Wisconsin and Drivers, Salesmen, Warehousemen, Milk Processors, Cannery, Dairy Employees and Helpers Union Local 695, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, with reference to this grant application.
PROJECT DESCRIPTION TOTAL COST FTA SHARE LOCAL SHARE
Design & Engineering Consulting $ 187,500. $ 150,000. $ 37,500.