Fiscal Note
The proposed resolution authorizes the execution of and amends the 2022 Adopted Capital budget for a $436,170 Route Planning Restoration Program Discretionary Grant from U.S. Department of Transportation. The 2022 Capital Budget will be amended to add $436,170 in federal funding to Metro Transit's Transit System Upgrades capital program. Additionally, the resolution authorizes a non-competitive contract for planning software at a cost of $212,000. The contract cost will be funded from the grant funds authorized through this resolution.
Title
Authorizing the Transit General Manager to file an application for a Route Planning Restoration Program Discretionary 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 13(c) agreement with Teamsters Local No. 695. Amending the 2022 Capital Budget to add $436,170 in federal funding to Metro’s Transit System Upgrades project and authorizing a non-competitive procurement for Remix planning software.
Body
The Route Planning Restoration Program Discretionary program provides funding to state and local governmental authorities to support planning for the restoration of transit routes following the coronavirus pandemic. Authorized under the American Rescue Plan Act (ARPA), $25 million in funds were made available for this program. The City of Madison was awarded $436,170 to produce the Metro Forward
Restoration Plan and restore service to pre-pandemic levels.
This resolution amends the 2022 Adopted Capital Budget to add $436,170 in federal funding to Metro’s Transit System Upgrades project and authorizing a non-competitive procurement for Remix planning software and associated 3-year agreement for access.
WHEREAS, The United States Department of Transportation recently awarded the City of Madison’s Metro Transit Division a highly competitive Route Planning Restoration Program Discretionary grant to develop the Metro Forward Restoration Plan and restore service to pre-pandemic levels; and
WHEREAS, Resolution 67885 passed on November 16, 2021 Supporting Madison Metro's Route Planning Restoration Program Grant Application to Federal Transit Administration indicated that “City of Madison supports Metro's FY 2021 Route Planning Restoration Program Grant Application to Federal Transit Administration for planning work and software to do a phased route implementation scenario in response to the COVID pandemic”; and
WHEREAS, as a condition of the assistance, the City of Madison must provide all annual certifications and assurances required by FTA 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 the Route Planning Restoration Program Discretionary Grant program authorized by the American Rescue Plan (ARP) Act of 2021 on behalf of the City of Madison with FTA 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 2022 Adopted Capital Budget be amended to add $436,170 in federal funding to Metro’s Transit System Upgrades project and authorizing a non-competitive 3-year contract to procure Remix planning software from Remix Technologies LLC ("Remix"), a subsidiary of Via Transportation Inc. ("Via") and necessary access.
3. That the Mayor and City Clerk are authorized to execute grant agreements for the aforementioned applications.
4. That the agreements with FTA will contain indemnification provisions negotiated by and acceptable to Metro staff, the City Attorney and the Risk Manager.
5. 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.
6. 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.