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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/03/2019 - ITEMS RELATING TO PURCHASE OF VEHICLESAgenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY December 3, 2019 City Council STAFF Kaley Zeisel, Transfort Capital Planning/Grant Compliance Mgr Drew Brooks, Director of Transit Chris Van Hall, Legal SUBJECT Items Relating to Purchase of Vehicles. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 141, 2019, Appropriating Unanticipated Grant Revenue from the Volkswagen Settlement Funds for the Purchase of Two Electric Vehicles to Replace End of Life Diesel Vehicles and Associated Charging Equipment. B. First Reading of Ordinance No. 142, 2019, Appropriating Unanticipated Grant Revenue from the Volkswagen Settlement Funds for the Purchase of Three Alternative Fuel Body-on-Chassis Style Buses. The purpose of this item is to appropriate unanticipated grant revenue awarded to Transfort through the Clean Air Act Settlement program administered by Colorado Department of Public Health and Environment (CDPHE) and to reappropriate lapsing funds. Transfort was awarded funding through CDOT’s Consolidated Call for Capital Projects in 2018 for the purchase of a total of five alternatively fueled vehicles and two depot chargers. Settlement funds can be used to cover 110% of the incremental cost of purchasing an alternatively fueled vehicle compared with a new diesel vehicle. Transfort plans to replace two end-of-life diesel revenue transit buses with two new zero-emission vehicles (ZEV), purchase two depot chargers, and replace three end-of-life diesel cutaway buses with three alternative fuel vehicles. Settlement funds do not require a local match. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION Volkswagen Group of America and certain related entities (collectively Volkswagen or VW) have admitted that they violated the federal Clean Air Act from 2009 to 2016 by selling vehicles with diesel engines that emitted more air pollution than the Clean Air Act allows and by cheating on federal emission tests to hide the excess pollution. VW partially settled its civil liability for these violations of the Clean Air Act by entering two judicial consent decrees which required VW to pay more than $2.9 billion into an environmental mitigation trust fund, to be administered by an independent trustee. In Colorado, these funds are overseen by CDPHE and CDOT. Eligible transit agencies were able to apply, through a competitive process, for these Settlement Funds to replace diesel vehicles with alternative fueled vehicles. To better align with the City’s Climate Action Plan goal of becoming carbon neutral by 2050, Transfort began pursuing funding to replace rolling stock vehicles past their useful life with alternative fuel vehicles. In 2018 Transfort was awarded Congestion Mitigation and Air Quality (CMAQ) funding in the amount of $775,000 by the North Front Range Metropolitan Planning Organization (NFRMPO) for the purchase of one (1) ZEV and one (1) charging unit. These funds, along with a local match of $105,000, were appropriated in the 2019/2020 Agenda Item 4 Item # 4 Page 2 Budget in a lapsing business unit. Due to the timing of the awarding of additional funding, the purchase for this offer will be delayed until 2020; thereby necessitating the re-appropriation of this $880,000 to a non-lapsing business unit. Transfort applied for Settlement funds in 2018 leveraging these previously awarded CMAQ funds in order to purchase two (2) ZEVs and two (2) depot chargers. There is no local matching requirement for Settlement Funds. Transfort will purchase these ZEVs and depot chargers from an existing state purchasing schedule. This procurement method will meet all federal and state purchasing guidelines while expediting the process. In conjunction with Operation Services, Transfort has already begun the planning and engineering design process to upgrade the Transfort Maintenance and Operations Facility’s (TMF) electrical infrastructure in order to accommodate the electricity demands of depot charging. EV manufacturers have indicated to Transfort that manufacturing times are currently estimated at 12 - 18 months from time of order. With the goal of executing a contract with a vendor by December 2020, Transfort would expect to see delivery of its first revenue rolling stock EVs by second or third quarter of 2022. Transfort was also awarded FASTER (Funding Advancements for Surface Transportation and Economic Recovery Act of 2009) funding in 2018 in the amount of $197,220 by CDOT to be used to purchase three (3) cutaway style vehicles. This award is for the “guaranteed” amount of FASTER funding that Transfort receives from CDOT each year; therefore, the award amount and local match has been budgeted and is in place in the current Transfort budget in a non-lapsing business unit. Transfort applied for Settlement funds in 2018 leveraging the “guaranteed” amount of FASTER funding that Transfort receives from CDOT each year in order to upgrade the replacement vehicles from diesel fuel to alternative fuel (propane). There is no local matching requirement for Settlement Funds. These vehicles are leased to Transfort’s fixed route service contractor to provide service for Route 33 and the late-night Gold Route. Transfort will meet all federal and state purchasing guidelines in the procurement of these vehicles and expects to be able to execute a contract by 3rd quarter of 2020, with expected delivery of vehicles in mid-2021. There are multiple propane fueling stations available throughout Fort Collins; therefore, Transfort does not anticipate a risk with contractors having convenient access to fuel. Settlement Funds stipulate that the end of life diesel vehicles being replaced are scrapped, which includes cutting the frame rails in half and drilling a three-inch (3”) hole through the engine block. This ensures the air quality improvements that are pivotal to the funding program are realized, as the vehicles will no longer be drivable. Transfort has a plan in place for scrapping all five (5) identified vehicles. CITY FINANCIAL IMPACTS The following is a summary of the project funding and estimated budgets: Project 1: ZEV Purchase and Associated Charging Infrastructure Prior Appropriated Lapsing Funds (19/20 BFO - Offer 45.11) Prior Appropriated Federal Funds (CMAQ Grant) $775,000 Prior Appropriated Local Matching Funds $105,000 Total Prior Lapsing Appropriation $880,000 Prior Appropriated Non-Lapsing Funds Prior Appropriated CCIP funds $25,012 Funds to be Appropriated with this Action Settlement Funds to be Appropriated - ZEVs $937,640 Settlement Funds to be Appropriated - Chargers $200,000 Agenda Item 4 Item # 4 Page 3 Total Funds to be Appropriated per this Action $1,137,640 Total Current Project Funding $2,042,652 Estimated Project Budget Price, Each Ext Price 2x 35’ Zero-Emission Transit Buses $875,911 $1,751,822 2x 150 kWh sequential depot chargers $145,415 $290,830 Total Current Project Budget $2,042,652 Project 2: Alternative Fuel Cutaway Purchase Prior Appropriated Non-Lapsing Funds (19/20 BFO) Prior Appropriated State Funds (FASTER) $197,220 Prior Appropriated Local Matching Funds $49,308 Total Prior Appropriation $246,528 Funds to be Appropriated with this Action Settlement Funds to be Appropriated - Cutaways $116,268 Total Funds to be Appropriated per this Action $116,268 Total Current Project Funding $362,796 Estimated Project Budget Price, Each Ext Price 3x Cutaway Vehicle $120,932 $362,796 Total Current Project Budget $362,796 ATTACHMENTS 1. Scope of Work-Two Electric Bus Settlement and Chargers (draft) (PDF) 2. Scope of Work Settlement Cutaway Vehicles (draft) (PDF) Statement of Work Page 1 of 8 EXHIBIT A: STATEMENT OF WORK AND CONDITIONS Project Description 2020-Settlement: Two (2) 35' Battery Electric Bus Replacements Project End Date December 31, 2023 Subrecipient City of Fort Collins DUNS # 078362597 Contact Name Kaley Zeisel Vendor # 2000023 Address PO Box 580 Fort Collins, CO 805220580 U.S. Phone # 970-224-6067 Email kzeisel@fcgov.com Indirect Rate N/A WBS* ALI 11.12.02 11.52.20 Total Project Budget $1,137.640 Settlement Program Funds $1,137,640 Other Grant Program Funds $0.00 Local Funds $0.00 Total Project Amount Encumbered via this Grant Agreement $1,137,640 *The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion. A. Definitions 1. Acquisition vehicle(s): The specific alternative-fueled bus or buses identified herein to replace the qualifying vehicle(s) of like size, capacity, and class. 2. Colorado Beneficiary Mitigation Plan (BMP): The State of Colorado’s Beneficiary Mitigation Plan summarizes how Colorado plans to use funds in the Volkswagen Diesel Emissions Settlement Trust (Trust), of which the State of Colorado was designated an eligible beneficiary, including the certain categories of eligible mitigation actions determined appropriate to achieve the goals of the Trust. For this Statement of Work, this definition refers to the 2018 BMP. 3. Charging equipment: Devices specifically associated with and required for the operation of the electric vehicle(s) purchased with Settlement Program funds. 4. Equipment installation: Work and materials associated with and required for the installation of eligible charging equipment. 5. Incremental cost: The difference between the cost of a conventional-fueled bus of like size, capacity, and class to a qualifying vehicle and the cost of an acquisition vehicle, as related to the incentive formula defined in the BMP. 6. Project Components: All the specifically-identified items that are eligible for purchase with Settlement Program funding, which may include acquisition vehicle(s), charging equipment, and equipment installation. 7. Qualifying vehicle(s): The specific conventional-fueled bus(es) identified herein for replacement which is drivable and has been registered, insured, and operated in Colorado for the previous two (2) years. ATTACHMENT 1 Statement of Work Page 2 of 8 a. Operated: Three (3) or more preventative maintenance cycles OR 15,000 or more transit revenue service miles OR 1,250 or more transit revenue service hours amassed during the previous two (2) years. 8. Scrapped vehicle(s): The specific qualifying vehicle(s) being replaced and scrapped as required by the Trust and BMP. 9. Scrapping (also scrap, scrapped): The specific action required by the Trust and BMP that the qualifying vehicle(s) replaced by the acquisition vehicle(s) purchased with Settlement Program funds be rendered inoperable and available for recycle,, which includes cutting the vehicle(s) chassis frame rails completely in half and cutting a 3-inch hole in the engine block.1 10. Settlement Program: CDOT’s Settlement Transit Bus Replacement Program, as defined in the BMP. B. Project Description City of Fort Collins shall use 2020 Settlement Program funds to purchase: Two (2) 35' Battery Electric Bus Replacements and two (2) Electric Chargers as more fully described below. The purchase will support the goals of the Statewide Transit Plan and the BMP. 1. City of Fort Collins shall use Settlement Program funds to purchase the following Project Components: a. Acquisition vehicle(s): ALI Name QTY Fuel Type Description Amount ADA Compliance 11.12.02 2 Electric (2) ADA Electric 35' Bus Replacements $937,640.00 ADA Compliant b. Charging equipment and equipment installation: ALI Name QTY Description Amount 11.52.20 2 Two (2) Electric Chargers with Installation $200,000.00 2. The acquisition vehicle(s) identified above shall be purchased to replace two (2) existing, qualifying vehicle(s) from the list below, subject to CDOT approval, which shall be scrapped in accordance with this Grant Agreement and the DTR Scrapping Guide: VIN COTRAMS Inventory # Year Model Make 15GGE181611090424 INV-00006605 2001 Low Floor GIL - Gillig Corporation 15GGE181811090425 INV-00006606 2001 Low Floor GIL - Gillig Corporation C. Performance Standards 1 Equipment and vehicle components that are not part of the engine or chassis frame rails may be salvaged from the qualifying vehicle(s) (such as seats, tires, security cameras, ITS systems, etc.) in accordance with this Grant Agreement. Statement of Work Page 3 of 8 1. Project Milestones Milestone Description Original Estimated Completion Date Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for Approval 6/30/2020 Submit Procurement Authorization (PA) and solicitation docs CDOT Project Manager for Approval 12/31/2020 Take Delivery of (First) Vehicle/Equipment/Project Property 6/30/2022 Take Delivery of and Accept All Vehicles/Equipment/Project Property 9/30/2022 Submit Reimbursement Request in COTRAMS 3/31/2023 Scrap The Last Qualifying Vehicle 9/30/2023 IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement requests) must be completed no later than the expiration date of this Grant Agreement: December 31, 2023. 2. City of Fort Collins shall use the Project Components purchased in its transit operations and shall perform regularly recurring maintenance with specific performance measures tied to City of Fort Collins’s written maintenance plans, and to those included in manufacturer’s recommendations and warranty program(s). City of Fort Collins will measure whether this project is successful and improves the efficiency, effectiveness, and safety of transportation. 3. Performance will be reviewed throughout the duration of this Grant Agreement. City of Fort Collins shall report to the CDOT Project Manager whenever one or more of the following occurs: a. Budget or schedule changes; b. Scheduled milestone or completion dates are not met or are anticipated to not be met; c. Identification of problem areas and how the problems will be resolved; and/or d. Expected impacts and the efforts to recover from delays. 4. City of Fort Collins must comply and submit all reimbursements and reports associated, including the assignment of “Colorado Department of Transportation” as the lienholder on the acquisition vehicle(s) as a condition of project closeout. 5. City of Fort Collins will report the expected date of scrapping of each qualifying vehicle to the CDOT Project Manager via email or Disposition Authorization (DA) Form in COTRAMS no less than fourteen (14) calendar days prior to such date. 6. Performance Reporting Requirements: a. City of Fort Collins agrees to report, to CDOT or its designee, the vehicle metrics used to measure resulting project air quality benefits at the request of CDOT, which may include vehicle mileage, usage, charging, or other data readily available through the operation of the acquisition vehicle(s). City of Fort Collins will be required to report data at a minimum of annually or at a maximum of quarterly for a period of no less than five (5) years following the acceptance of each acquisition vehicle. b. City of Fort Collins further agrees to collaborate with CDOT to support research and analytical initiatives related to the project that mutually benefit the successful implementation and operation of the project, which may include, among other things, sharing with or providing access to CDOT or its designee to telemetric data generated by the Project Components. D. Project Budget Statement of Work Page 4 of 8 1. The Total Project Budget is $1,137,640.00. The State will pay no more than the eligible, actual project costs, up to the maximum amount of $1,137,640.00. The State will retain any remaining balance of the Settlement Program funds. City of Fort Collins shall be solely responsible for all costs incurred in the project in excess of the amount paid by the State from Settlement Program funds for eligible, actual costs. For CDOT accounting purposes, the Settlement Program funds of $1,137,640.00 will be encumbered for this Grant Agreement. 2. Per the terms of this Grant Agreement, the State shall have no obligation to provide state funds for use on this project. The State will administer Settlement Program funds for this project under the terms of this Grant Agreement, provided that the share of Settlement Program funds to be administered by the State are made available and remain available. E. Procurement Procurement of the Project Components will comply with state procurement procedures and the DTR Quick Procurement Guide. In addition to the state requirements outlined below, state procedures for purchase of each of the Project Components must be followed and will be outlined prior to purchase. 1. The first step in the procurement process will be to obtain Independent Cost Estimates (ICE) for: a. the acquisition vehicle(s); b. the conventional-fueled bus(es) of like size, capacity, and class to the qualifying vehicle(s) identified for replacement, and c. the non-vehicle Project Components. 2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the CDOT Project Manager through COTRAMS. 3. Prior to entering into a purchasing agreement with the selected vendor, City of Fort Collins shall request a Purchase Authorization (PA), and submit a vendor quote for the Project Components in COTRAMS. 4. Once the Purchase Authorization (PA) is approved by the CDOT Project Manager, and the Project Components is/are ordered, the CDOT Project Manager shall be notified by City of Fort Collins in COTRAMS of the agreed upon delivery date. 5. Upon delivery, City of Fort Collins shall be responsible for having the Project Components inspected and accepted within ninety (90) calendar days of delivery. If defects prevent acceptance of the Project Components, City of Fort Collins will contact the vendor to resolve any defects and notify CDOT. 6. City of Fort Collins shall be responsible for reimbursing the selected vendor within forty-five (45) calendar days after acceptance of the Project Components. F. Reimbursement Eligibility Reimbursement for eligible project costs incurred will be paid to City of Fort Collins according to the schedule and requirements below for those eligible costs incurred during the Grant Agreement effective dates. Acquisition vehicle(s) component reimbursements: Phase 1: Request for reimbursement shall be made following City of Fort Collins’s acceptance of and payment for the acquisition vehicle(s). 80% of final, eligible acquisition vehicle(s) costs will be reimbursed upon City of Fort Collins’s submission in COTRAMS of a reimbursement packet for each acquisition vehicle that includes the following completed documents: Statement of Work Page 5 of 8  Independent Cost Estimates (ICE) for the acquisition vehicle and a conventional-fueled bus of like size, capacity, and class to the qualifying vehicle  Procurement Concurrence Request (PCR)  Purchase Authorization (PA)  Signed Notice of Acceptance (NA) with anticipated qualifying vehicle scrapping date  Signed Security Agreement (SA)  Application for Title showing “Colorado Department of Transportation” as the lienholder  Invoice  Acquisition Vehicle Cost Reimbursement Worksheet (see Exhibit B, attached hereto)  Proof of registration, insurance, and operation (e.g. preventative maintenance records, mileage/service hour records) for the previous two (2) years for the specific, identified qualifying vehicle being replaced by the acquisition vehicle  Proof of Payment  Post Delivery Certifications Phase 2: Request for reimbursement shall be made within fourteen (14) calendar days of scrapping of the qualifying vehicle(s). 20% of final, eligible acquisition vehicle(s) costs will be reimbursed upon City of Fort Collins’s submission in COTRAMS of a secondary reimbursement packet for each acquisition vehicle that includes the following completed documents:  Disposition Concurrence Request (DCR) for the qualifying vehicle  Copy of clean title for the qualifying vehicle  Disposition Authorization (DA) for the qualifying vehicle  Notice of Disposition (ND)  Proof of scrapping, which includes photographs of the scrapped vehicle, certificate of destruction, or bill of sale from the entity that conducted the scrapping, or other pertinent documents that substantiate scrapping was completed, as determined by CDOT Non-vehicle component reimbursements (e.g., charging equipment, installation, etc.): Request for reimbursement shall be made following City of Fort Collins’s acceptance of and payment for the non-vehicle Project Component(s). 100% of final, eligible non-vehicle costs will be reimbursed upon City of Fort Collins’s submission in COTRAMS of a reimbursement packet for each non-vehicle project component that includes the following completed documents:  Independent Cost Estimate (ICE)  Procurement Concurrence Request (PCR)  Purchase Authorization (PA)  Signed Notice of Acceptance (NA)  Invoice  Proof of Payment City of Fort Collins must submit the final invoice within sixty (60) calendar days of December 31, 2021, and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of issuance of the final reimbursement payment. G. State Interest-Service Life The State (CDOT) maintains a share of the remaining value of state assisted property upon disposition before the end of its useful life or for assets with a value greater than $5,000 after the useful life has been met, according to the provisions of the State Management Plan. Statement of Work Page 6 of 8 The useful life of rolling stock begins on the date the vehicle is placed in revenue service and continues until it is removed from revenue service. The minimum useful life in years refers to total time in transit revenue service, not time spent stockpiled or otherwise unavailable for regular transit use. The minimum useful life in miles refers to total miles in transit revenue service. Non-revenue miles and periods of extended removal from service do not count towards useful life. Changes in operating circumstances, including unforeseen difficulty maintaining vehicles, higher cost of fuel, and changes in local law limiting where vehicles can be operated are not exemptions from minimum useful life requirements. Minimum useful life is determined by years of service or accumulation of miles, whichever comes first, in accordance with the State Management Plan. City of Fort Collins shall not dispose or otherwise release, sell or otherwise transfer the State funded assets to any other party while there is remaining state interest without approval from the CDOT Project Manager. City of Fort Collins is responsible for making the request to the CDOT Project Manager in a timely manner, providing appropriate documentation, if indicated, when a lien release is being requested in order to allow CDOT to process the release of a lien. CDOT and City of Fort Collins will work in conjunction with Department of Revenue (DOR) to assure the lien is released according to state rules. H. Training In an effort to enhance transit safety, City of Fort Collins and any subrecipients and subcontractors shall make a good faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that personnel are up to date in appropriate certifications. In particular, City of Fort Collins shall ensure that driving personnel are provided professional training in defensive driving and training on the handling of mobility devices and transporting older adults and individuals with disabilities. I. Safety Data City of Fort Collins and any subrecipients shall maintain and submit, as requested, data related to bus safety. This may include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by CDOT, the number and extent of passenger injuries or claims, and the number and extent of employee accidents, injuries and incidents. J. Special Conditions 1. City of Fort Collins will comply with all requirements imposed by CDOT on City of Fort Collins so that the Settlement Program grant is used in accordance with BMP, state statutes, regulations, and the terms and conditions of this Grant Agreement. 2. City of Fort Collins must permit CDOT and their auditors to have access to City of Fort Collins’s records and financial statements as necessary, with reasonable advance notice. 3. City of Fort Collins must scrap one (1) qualifying vehicle for each acquisition vehicle accepted, and shall complete the scrapping no later than twelve (12) months following the date of acceptance of the acquisition vehicle replacing it. City of Fort Collins may scrap any qualifying vehicle(s) at any time prior to acceptance of any acquisition vehicle(s), but shall not scrap any qualifying vehicle(s) prior to execution of this Grant Agreement. 4. Except as provided in this Grant Agreement, City of Fort Collins shall not be reimbursed for any purchase, issued purchase order, or leased capital equipment prior to execution of this Grant Agreement. Statement of Work Page 7 of 8 5. City of Fort Collins shall ensure that it does not exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States on the ground of race, color, national origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964. 6. City of Fort Collins shall seek to ensure non-discrimination in its programs and activities by developing and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients” in CDOT’s Title VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI Requirements and Guidelines for FTA Recipients.” The Party shall also facilitate FTA’s compliance with Executive Order 12898 and DOT Order 5610.2(a) by incorporating the principles of environmental justice in planning, project development and public outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal Transit Administration Recipients.” 7. City of Fort Collins will provide transportation services to persons with disabilities in accordance with Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq. 8. City of Fort Collins shall develop and maintain an ADA Program in accordance with 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA Circular 4710.1, and any additional requirements established by CDOT for FTA subrecipients. 9. City of Fort Collins shall ensure that it will comply with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules and/or regulations. In any contract utilizing federal funds, land, or other federal aid, City of Fort Collins shall require its subrecipients and/or contractors to provide a statement of written assurance that they will comply with Section 504 and not discriminate on the basis of disability. 10. City of Fort Collins shall agree to produce and maintain documentation that supports compliance with the Americans with Disabilities Act to CDOT upon request. K. Acquisition Vehicle Reimbursement Calculation The Total Project Amount Encumbered via this Grant Agreement listed above is based on estimated costs known at the time of execution of this Grant Agreement. Reimbursement for the cost of purchasing the acquisition vehicle(s) will be made on 110% of the incremental cost, or the difference between the cost of a conventional-fueled bus of like size, capacity, and class to the qualifying vehicle(s) identified for replacement, and the acquisition vehicle(s). Thus, the final amount to be reimbursed for the acquisition vehicle(s) will be recalculated prior to reimbursement, based on eligible, actual costs incurred using the Acquisition Vehicle Cost Reimbursement Worksheet (Worksheet) attached hereto as Exhibit B. The Worksheet shall be completed and submitted by City of Fort Collins in COTRAMS as part of the Phase 1 acquisition vehicle(s) reimbursement packet. Once recalculated, the reimbursable amount of project costs may be less than the Total Project Amount Encumbered via this Grant Agreement, but in no case shall it be more than such amount. Statement of Work Page 8 of 8 EXHIBIT B: ACQUISITION VEHICLE COST REIMBURSEMENT WORKSHEET This Worksheet must be completed and submitted by the Subrecipient in COTRAMS with each Phase 1 acquisition vehicle reimbursement request. Subrecipient: Purchase Order #: Vehicle # (e.g. 1, 2): Reimbursement Request # (e.g. 1, 2) Cost Reimbursement Calculator: A Total Eligible Actual Acquisition Vehicle Cost $ B Estimated Cost of a Conventional-Fueled Bus of Like Size, Capacity, and Class to the Qualifying Vehicle from the ICE $ C Incremental Cost [A – B] $ D Eligible Actual Acquisition Vehicle Reimbursable Amount [C x 110%] $ E Total Project Amount Encumbered via the Grant Agreement $ F FINAL Total Acquisition Vehicle Reimbursement Amount [lesser of D and E] $ G Phase 1 Acquisition Vehicle Reimbursement Amount (80%) $ H Phase 2 Acquisition Vehicle Reimbursement Amount (20%) $ Statement of Work Page 1 of 8 EXHIBIT A: STATEMENT OF WORK AND CONDITIONS Project Description 2020-Settlement: Three (3) 33' ADA LPG BOC Replacements Project End Date December 31, 2021 Subrecipient City of Fort Collins DUNS # 078362597 Contact Name Kaley Zeisel Vendor # 2000023 Address PO Box 580 Fort Collins, CO 805220580 U.S. Phone # 970-224-6067 Email kzeisel@fcgov.com Indirect Rate N/A WBS* ALI 11.12.03 Total Project Budget $362,793.00 Settlement Program Funds $116,268.00 FASTER Grant Program Funds $197,220.00 Local Funds $49,305.00 Total Project Amount Encumbered via this Grant Agreement $116,268.00 *The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion. A. Definitions 1. Acquisition vehicle(s): The specific alternative-fueled bus or buses identified herein to replace the qualifying vehicle(s) of like size, capacity, and class. 2. Colorado Beneficiary Mitigation Plan (BMP): The State of Colorado’s Beneficiary Mitigation Plan summarizes how Colorado plans to use funds in the Volkswagen Diesel Emissions Settlement Trust (Trust), of which the State of Colorado was designated an eligible beneficiary, including the certain categories of eligible mitigation actions determined appropriate to achieve the goals of the Trust. For this Statement of Work, this definition refers to the 2018 BMP. 3. Charging equipment: Devices specifically associated with and required for the operation of the electric vehicle(s) purchased with Settlement Program funds. 4. Equipment installation: Work and materials associated with and required for the installation of eligible charging equipment. 5. Incremental cost: The difference between the cost of a conventional-fueled bus of like size, capacity, and class to a qualifying vehicle and the cost of an acquisition vehicle, as related to the incentive formula defined in the BMP. 6. Project Components: All the specifically-identified items that are eligible for purchase with Settlement Program funding, which may include acquisition vehicle(s), charging equipment, and equipment installation. 7. Qualifying vehicle(s): The specific conventional-fueled bus(es) identified herein for replacement which is drivable and has been registered, insured, and operated in Colorado for the previous two (2) years. ATTACHMENT 2 Statement of Work Page 2 of 8 a. Operated: Three (3) or more preventative maintenance cycles OR 15,000 or more transit revenue service miles OR 1,250 or more transit revenue service hours amassed during the previous two (2) years. 8. Scrapped vehicle(s): The specific qualifying vehicle(s) being replaced and scrapped as required by the Trust and BMP. 9. Scrapping (also scrap, scrapped): The specific action required by the Trust and BMP that the qualifying vehicle(s) replaced by the acquisition vehicle(s) purchased with Settlement Program funds be rendered inoperable and available for recycle, which includes cutting the vehicle(s) chassis frame rails completely in half and cutting a 3-inch hole in the engine block.1 10. Settlement Program: CDOT’s Settlement Transit Bus Replacement Program, as defined in the BMP. B. Project Description City of Fort Collins shall use 2020 Settlement Program funds to purchase: Three (3) 33' ADA LPG BOC Replacements as more fully described below. The purchase will support the goals of the Statewide Transit Plan and the BMP. 1. City of Fort Collins shall use Settlement Program funds to purchase the following Project Components: a. Acquisition vehicle(s): ALI Name QTY Fuel Type Description Amount ADA Compliance 11.12.03 3 LPG Three (3) ADA LPG 33' BOC Replacement $116,268.00 ADA Compliant 2. The acquisition vehicle(s) identified above shall be purchased to replace three (3) existing, qualifying vehicle(s) from the list below, subject to CDOT approval, which shall be scrapped in accordance with this Grant Agreement and the DTR Scrapping Guide: VIN COTRAMS Inventory # Year Model Make 4DRASAAL09H042756 INV-00017591 2009 MaxForce INT - International 4DRASAAL29H042757 INV-00017592 2009 MaxForce INT - International 4DRASAAL49H042758 INV-00006620 2009 MaxForce INT - International C. Performance Standards 1. Project Milestones Milestone Description Original Estimated Completion Date Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for Approval 3/31/2020 1 Equipment and vehicle components that are not part of the engine or chassis frame rails may be salvaged from the qualifying vehicle(s) (such as seats, tires, security cameras, ITS systems, etc.) in accordance with this Grant Agreement. Statement of Work Page 3 of 8 Submit Procurement Authorization (PA) and solicitation docs CDOT Project Manager for Approval 6/30/2020 Take Delivery of (First) Vehicle/Equipment/Project Property 2/28/2021 Take Delivery of and Accept All Vehicles/Equipment/Project Property 3/31/2021 Submit Reimbursement Request in COTRAMS 5/31/2021 Scrap The Last Qualifying Vehicle 12/31/2021 IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement requests) must be completed no later than the expiration date of this Grant Agreement: December 31, 2021. 2. City of Fort Collins shall use the Project Components purchased in its transit operations and shall perform regularly recurring maintenance with specific performance measures tied to City of Fort Collins’s written maintenance plans, and to those included in manufacturer’s recommendations and warranty program(s). City of Fort Collins will measure whether this project is successful and improves the efficiency, effectiveness, and safety of transportation. 3. Performance will be reviewed throughout the duration of this Grant Agreement. City of Fort Collins shall report to the CDOT Project Manager whenever one or more of the following occurs: a. Budget or schedule changes; b. Scheduled milestone or completion dates are not met or are anticipated to not be met; c. Identification of problem areas and how the problems will be resolved; and/or d. Expected impacts and the efforts to recover from delays. 4. City of Fort Collins must comply and submit all reimbursements and reports associated, including the assignment of “Colorado Department of Transportation” as the lienholder on the acquisition vehicle(s) as a condition of project closeout. 5. City of Fort Collins will report the expected date of scrapping of each qualifying vehicle to the CDOT Project Manager via email or Disposition Authorization (DA) Form in COTRAMS no less than fourteen (14) calendar days prior to such date. 6. Performance Reporting Requirements: a. City of Fort Collins agrees to report, to CDOT or its designee, the vehicle metrics used to measure resulting project air quality benefits at the request of CDOT, which may include vehicle mileage, usage, charging, or other data readily available through the operation of the acquisition vehicle(s). City of Fort Collins will be required to report data at a minimum of annually or at a maximum of quarterly for a period of no less than five (5) years following the acceptance of each acquisition vehicle. b. City of Fort Collins further agrees to collaborate with CDOT to support research and analytical initiatives related to the project that mutually benefit the successful implementation and operation of the project, which may include, among other things, sharing with or providing access to CDOT or its designee to telemetric data generated by the Project Components. D. Project Budget 1. The Total Project Budget is $362,793.00. The State will pay no more than the eligible, actual project costs, up to the maximum amount of $116,268.00 in this grant agreement. The State will retain any remaining balance of the Settlement Program funds. City of Fort Collins shall be solely responsible for all costs incurred in the project in excess of the amount paid by the State from Settlement Program funds for eligible, actual costs. For CDOT accounting purposes, the Settlement Program funds of $116,268.00 will be encumbered for this Grant Agreement. Statement of Work Page 4 of 8 2. Per the terms of this Grant Agreement, the State shall have no obligation to provide state funds for use on this project. The State will administer Settlement Program funds for this project under the terms of this Grant Agreement, provided that the share of Settlement Program funds to be administered by the State are made available and remain available. E. Procurement Procurement of the Project Components will comply with state procurement procedures and the DTR Quick Procurement Guide. In addition to the state requirements outlined below, state procedures for purchase of each of the Project Components must be followed and will be outlined prior to purchase. 1. The first step in the procurement process will be to obtain Independent Cost Estimates (ICE) for: a. the acquisition vehicle(s); b. the conventional-fueled bus(es) of like size, capacity, and class to the qualifying vehicle(s) identified for replacement, and 2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the CDOT Project Manager through COTRAMS. 3. Prior to entering into a purchasing agreement with the selected vendor, City of Fort Collins shall request a Purchase Authorization (PA), and submit a vendor quote for the Project Components in COTRAMS. 4. Once the Purchase Authorization (PA) is approved by the CDOT Project Manager, and the Project Components is/are ordered, the CDOT Project Manager shall be notified by City of Fort Collins in COTRAMS of the agreed upon delivery date. 5. Upon delivery, City of Fort Collins shall be responsible for having the Project Components inspected and accepted within fifteen (15) calendar days of delivery. If defects prevent acceptance of the Project Components, City of Fort Collins will contact the vendor to resolve any defects and notify CDOT. 6. City of Fort Collins shall be responsible for reimbursing the selected vendor within forty-five (45) calendar days after acceptance of the Project Components. F. Reimbursement Eligibility Reimbursement for eligible project costs incurred will be paid to City of Fort Collins according to the schedule and requirements below for those eligible costs incurred during the Grant Agreement effective dates. Acquisition vehicle(s) component reimbursements: Phase 1: Request for reimbursement shall be made following City of Fort Collins’s acceptance of and payment for the acquisition vehicle(s). 80% of final, eligible acquisition vehicle(s) costs will be reimbursed upon City of Fort Collins’s submission in COTRAMS of a reimbursement packet for each acquisition vehicle that includes the following completed documents:  Independent Cost Estimates (ICE) for the acquisition vehicle and a conventional-fueled bus of like size, capacity, and class to the qualifying vehicle  Procurement Concurrence Request (PCR)  Purchase Authorization (PA)  Signed Notice of Acceptance (NA) with anticipated qualifying vehicle scrapping date  Signed Security Agreement (SA)  Application for Title showing “Colorado Department of Transportation” as the lienholder Statement of Work Page 5 of 8  Invoice  Acquisition Vehicle Cost Reimbursement Worksheet (see Exhibit B, attached hereto)  Proof of registration, insurance, and operation (e.g. preventative maintenance records, mileage/service hour records) for the previous two (2) years for the specific, identified qualifying vehicle being replaced by the acquisition vehicle  Proof of Payment  Post Delivery Certifications Phase 2: Request for reimbursement shall be made within fourteen (14) calendar days of scrapping of the qualifying vehicle(s). 20% of final, eligible acquisition vehicle(s) costs will be reimbursed upon City of Fort Collins’s submission in COTRAMS of a secondary reimbursement packet for each acquisition vehicle that includes the following completed documents:  Disposition Concurrence Request (DCR) for the qualifying vehicle  Copy of clean title for the qualifying vehicle  Disposition Authorization (DA) for the qualifying vehicle  Notice of Disposition (ND)  Proof of scrapping, which includes photographs of the scrapped vehicle, certificate of destruction, or bill of sale from the entity that conducted the scrapping, or other pertinent documents that substantiate scrapping was completed, as determined by CDOT City of Fort Collins must submit the final invoice within sixty (60) calendar days of December 31, 2021, and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of issuance of the final reimbursement payment. G. State Interest-Service Life The State (CDOT) maintains a share of the remaining value of state assisted property upon disposition before the end of its useful life or for assets with a value greater than $5,000 after the useful life has been met, according to the provisions of the State Management Plan. The useful life of rolling stock begins on the date the vehicle is placed in revenue service and continues until it is removed from revenue service. The minimum useful life in years refers to total time in transit revenue service, not time spent stockpiled or otherwise unavailable for regular transit use. The minimum useful life in miles refers to total miles in transit revenue service. Non-revenue miles and periods of extended removal from service do not count towards useful life. Changes in operating circumstances, including unforeseen difficulty maintaining vehicles, higher cost of fuel, and changes in local law limiting where vehicles can be operated are not exemptions from minimum useful life requirements. Minimum useful life is determined by years of service or accumulation of miles, whichever comes first, in accordance with the State Management Plan. City of Fort Collins shall not dispose or otherwise release, sell or otherwise transfer the State funded assets to any other party while there is remaining state interest without approval from the CDOT Project Manager. City of Fort Collins is responsible for making the request to the CDOT Project Manager in a timely manner, providing appropriate documentation, if indicated, when a lien release is being requested in order to allow CDOT to process the release of a lien. CDOT and City of Fort Collins will work in conjunction with Department of Revenue (DOR) to assure the lien is released according to state rules. H. Training Statement of Work Page 6 of 8 In an effort to enhance transit safety, City of Fort Collins and any subrecipients and subcontractors shall make a good faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that personnel are up to date in appropriate certifications. In particular, City of Fort Collins shall ensure that driving personnel are provided professional training in defensive driving and training on the handling of mobility devices and transporting older adults and individuals with disabilities. I. Safety Data City of Fort Collins and any subrecipients shall maintain and submit, as requested, data related to bus safety. This may include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by CDOT, the number and extent of passenger injuries or claims, and the number and extent of employee accidents, injuries and incidents. J. Special Conditions 1. City of Fort Collins will comply with all requirements imposed by CDOT on City of Fort Collins so that the Settlement Program grant is used in accordance with BMP, state statutes, regulations, and the terms and conditions of this Grant Agreement. 2. City of Fort Collins must permit CDOT and their auditors to have access to City of Fort Collins’s records and financial statements as necessary, with reasonable advance notice. 3. City of Fort Collins must scrap one (1) qualifying vehicle for each acquisition vehicle accepted, and shall complete the scrapping no later than twelve (12) months following the date of acceptance of the acquisition vehicle replacing it. City of Fort Collins may scrap any qualifying vehicle(s) at any time prior to acceptance of any acquisition vehicle(s), but shall not scrap any qualifying vehicle(s) prior to execution of this Grant Agreement. 4. Except as provided in this Grant Agreement, City of Fort Collins shall not be reimbursed for any purchase, issued purchase order, or leased capital equipment prior to execution of this Grant Agreement. 5. City of Fort Collins shall ensure that it does not exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States on the ground of race, color, national origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964. 6. City of Fort Collins shall seek to ensure non-discrimination in its programs and activities by developing and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients” in CDOT’s Title VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI Requirements and Guidelines for FTA Recipients.” The Party shall also facilitate FTA’s compliance with Executive Order 12898 and DOT Order 5610.2(a) by incorporating the principles of environmental justice in planning, project development and public outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal Transit Administration Recipients.” 7. City of Fort Collins will provide transportation services to persons with disabilities in accordance with Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq. 8. City of Fort Collins shall develop and maintain an ADA Program in accordance with 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA Circular 4710.1, and any additional requirements established by CDOT for FTA subrecipients. 9. City of Fort Collins shall ensure that it will comply with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules and/or regulations. In any contract utilizing federal funds, land, or other federal aid, Statement of Work Page 7 of 8 City of Fort Collins shall require its subrecipients and/or contractors to provide a statement of written assurance that they will comply with Section 504 and not discriminate on the basis of disability. 10. City of Fort Collins shall agree to produce and maintain documentation that supports compliance with the Americans with Disabilities Act to CDOT upon request. K. Acquisition Vehicle Reimbursement Calculation The Total Project Amount Encumbered via this Grant Agreement listed above is based on estimated costs known at the time of execution of this Grant Agreement. Reimbursement for the cost of purchasing the acquisition vehicle(s) will be made on 110% of the incremental cost, or the difference between the cost of a conventional-fueled bus of like size, capacity, and class to the qualifying vehicle(s) identified for replacement, and the acquisition vehicle(s). Thus, the final amount to be reimbursed for the acquisition vehicle(s) will be recalculated prior to reimbursement, based on eligible, actual costs incurred using the Acquisition Vehicle Cost Reimbursement Worksheet (Worksheet) attached hereto as Exhibit B. The Worksheet shall be completed and submitted by City of Fort Collins in COTRAMS as part of the Phase 1 acquisition vehicle(s) reimbursement packet. Once recalculated, the reimbursable amount of project costs may be less than the Total Project Amount Encumbered via this Grant Agreement, but in no case shall it be more than such amount. Statement of Work Page 8 of 8 EXHIBIT B: ACQUISITION VEHICLE COST REIMBURSEMENT WORKSHEET This Worksheet must be completed and submitted by the Subrecipient in COTRAMS with each Phase 1 acquisition vehicle reimbursement request. Subrecipient: Purchase Order #: Vehicle # (e.g. 1, 2): Reimbursement Request # (e.g. 1, 2) Cost Reimbursement Calculator: A Total Eligible Actual Acquisition Vehicle Cost $ B Estimated Cost of a Conventional-Fueled Bus of Like Size, Capacity, and Class to the Qualifying Vehicle from the ICE $ C Incremental Cost [A – B] $ D Eligible Actual Acquisition Vehicle Reimbursable Amount [C x 110%] $ E Total Project Amount Encumbered via the Grant Agreement $ F FINAL Total Acquisition Vehicle Reimbursement Amount [lesser of D and E] $ G Phase 1 Acquisition Vehicle Reimbursement Amount (80%) $ H Phase 2 Acquisition Vehicle Reimbursement Amount (20%) $ -1- ORDINANCE NO. 141, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE VOLKSWAGEN SETTLEMENT FUNDS FOR THE PURCHASE OF TWO ELECTRIC VEHICLES TO REPLACE END OF LIFE DIESEL VEHICLES AND ASSOCIATED CHARGING EQUIPMENT WHEREAS, Volkswagen Group of America and certain related entities (collectively, “Volkswagen” or “VW”) have admitted that they violated the federal Clean Air Act from 2009 to 2016 by selling vehicles with diesel engines that emitted more air pollution than the Clean Air Act allows and by cheating on federal emission tests to hide the excess pollution; and WHEREAS, VW partially settled its civil liability for these violations of the Clean Air Act by entering into two judicial consent decrees which required VW to pay more than $2.9 billion into an environmental mitigation trust fund to be administered by an independent trustee (the “Settlement Funds”); and WHEREAS, in Colorado, such Settlement Funds are overseen by Colorado Department of Public Health and Environment (“CDPHE”) and Colorado Department of Transportation (“CDOT”) and eligible transit agencies were able to apply for the Settlement Funds through a competitive process; and WHEREAS, Transfort applied to receive Settlement Funds by leveraging previously awarded Congestion Mitigation and Air Quality (“CMAQ”) grant funds in the amount of $775,000 and previously appropriated local matching funds in the amount of $105,000 to purchase two new zero-emission vehicles (“ZEV”) and depot chargers; and WHEREAS, Transfort was awarded $1,137,640 in Settlement Funds toward the two ZEVs and depot chargers and this Ordinance will appropriate the funds related to the acquisition of the two ZEVs and depot chargers into a non-lapsing fund to be used to acquire the two ZEVs and depot chargers; and WHEREAS, the City Charter provides that all appropriations unexpended or unencumbered at the end of the fiscal year shall lapse to the applicable general or special fund, except that appropriations for capital projects shall not lapse until the completion of the capital project; and WHEREAS, the abovementioned CMAQ funds and local matching funds for the ZEV and depot chargers were previously appropriated in the 2019/2020 Budgeting For Outcomes process into a fund that will lapse at the end of this year and so this Ordinance will also re- appropriate these previously appropriated funds into a non-lapsing capital fund to be used to acquire the two ZEVs and depot chargers; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of providing low-emission public transportation to citizens of Fort Collins. -2- WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Transit Services Fund and will not cause the total amount appropriated in the Transit Services Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated revenue in the Transit Services Fund the sum of ONE MILLION ONE HUNDRED THIRTY-SEVEN THOUSAND SIX HUNDRED FORTY DOLLARS ($1,137,640) for expenditure in the Transit Services Fund for the purchase of two zero emission buses and associated charging infrastructure. Section 3. That the unexpended appropriated amount of EIGHT HUNDRED EIGHTY THOUSAND DOLLARS ($880,000) in a lapsing business unit within the Transit Services Fund is authorized for transfer to a non-lapsing business unit within the Transit Services Fund and appropriated therein for expenditure for the purchase of two zero emission buses and associated charging infrastructure. -3- Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 2019, and to be presented for final passage on the 17th day of December, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of December, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 142, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE VOLKSWAGEN SETTLEMENT FUNDS FOR THE PURCHASE OF THREE ALTERNATIVE FUEL BODY-ON-CHASSIS STYLE BUSES WHEREAS, Volkswagen Group of America and certain related entities (collectively, “Volkswagen” or “VW”) have admitted that they violated the federal Clean Air Act from 2009 to 2016 by selling vehicles with diesel engines that emitted more air pollution than the Clean Air Act allows and by cheating on federal emission tests to hide the excess pollution; and WHEREAS, VW partially settled its civil liability for these violations of the Clean Air Act by entering into two judicial consent decrees which required VW to pay more than $2.9 billion into an environmental mitigation trust fund to be administered by an independent trustee (the “Settlement Funds”); and WHEREAS, in Colorado, such Settlement Funds are overseen by Colorado Department of Public Health and Environment (“CDPHE”) and Colorado Department of Transportation (“CDOT”) and eligible transit agencies were able to apply for the Settlement Funds through a competitive process; and WHEREAS, Transfort was previously awarded $197,220 in Funding Advancements for Surface Transportation and Economic Recovery Act of 2009 (“FASTER”) funds for three cutaway style buses and there is currently an appropriated local match of $49,308 for that purchase; and WHEREAS, the City leveraged the previously awarded FASTER funds to apply for Settlement Funds and was awarded $116,268 to upgrade the cutaway buses from diesel fuel to propane; and WHEREAS, these alternative fuel cutaway buses are leased to Transfort’s fixed route service contractor to provide service for Route 33 and the late-night Gold Route; and WHEREAS, this Ordinance will appropriate the $116,268 in Settlement Funds for the alternative fuel cutaway buses; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of providing alternate fuel public transportation to citizens of Fort Collins. WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and -2- WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Transit Services Fund and will not cause the total amount appropriated in the Transit Services Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from unanticipated revenue in the Transit Services Fund the sum of ONE HUNDRED SIXTEEN THOUSAND TWO HUNDRED SIXTY-EIGHT DOLLARS ($116,268) for expenditure in the Transit Services Fund for the purchase of three alternative fuel chassis-on-body style buses. Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 2019, and to be presented for final passage on the 17th day of December, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of December, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk