Date: June 27, 2012 To: From: Board of Directors Neil McFarlane Subject: RESOLUTION 12-06-53 OF THE TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON (TRIMET) AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTATION (ODOT) FOR AWARD OF SURFACE TRANSPORTATION PROGRAM (STP) FUNDS UNDER THE ODOT FLEXIBLE FUND PROGRAM, SUBMISSION OF A GRANT APPLICATION TO THE FEDERAL TRANSIT ADMINISTRATION (FTA) FOR FY12 STATE SURFACE TRANSPORTATION PROGRAM (STP) CAPITAL ASSISTANCE, AND AN AGREEMENT WITH RIDE CONNECTION TO IMPLEMENT THE ODOT FLEXIBLE FUNDS GRANT AWARD FOR A TRANSPORTATION OPERATIONS FACILITY 1. Issue or Purpose of Item. The purpose of this item is to request that the TriMet Board of Directors ( Board ) adopt a Resolution authorizing the General Manager to enter into an intergovernmental agreement (IGA) with the Oregon Department of Transportation (ODOT) for award of Surface Transportation Program (STP) funds under the ODOT Flexible Fund Program, to submit a grant application to the Federal Transit Administration (FTA) for FY12 State Surface Transportation Program (STP) capital assistance for preventive maintenance, and to enter into an agreement with Ride Connection to implement the ODOT Flexible Fund Program awarded project for land acquisition and construction of a permanent transportation operations facility. Total grant budget will be $750,000 federal/$835,840 with a match ratio of 89.73% federal/10.27% TriMet. This exchange assists the State and Ride Connection and has no net impact on TriMet s financial position. 2. Reason for Board Action. The Board may authorize TriMet s submittal of grant applications by adoption of a resolution. Board policy requires Board approval of intergovernmental agreements and other contracts for services obligating TriMet to pay in excess of $500,000. 3. Background. ODOT, TriMet and local governments throughout the state, as well as in the Portland area, have a long tradition of cooperation in the utilization of federal funds and the allocation of available local monies to enhance the transportation system. Cooperation among ODOT and local governments maximizes efficient and flexible use of limited federal and local funding which serves an essential role in effectively meeting transportation system needs.
Based in part on direction from the 2009 session of the Oregon Legislature and the Oregon Transportation Plan (OTP), in 2010 the Oregon Transportation Commission (OTC) established the Flexible Fund Program to redirect federal Surface Transportation Funds (STP) (flex funds) to fund sustainable non-highway transportation projects, programs and services. On March 21, 2012, the (OTC) approved the allocation of $23,100,000 in Surface Transportation Program (STP) Flexible funds for use on non-highway Transit, Bicycle and Pedestrian and Transportation Demand Management (TDM) projects through a competitive grant award process to governmental entities eligible to receive STP funds. Through this process, ODOT awarded TriMet $750,000 of these STP Flexible funds to partially fund the purchase of land and construction of a permanent transportation operations facility for Ride Connection at the Community Resource and Operations Center at Glisan Commons. Ride Connection and its 33 private non-profit partners, provide transportation services to elderly, low income and people with disabilities in Multnomah, Washington and Clackamas counties. The Ride Connection program reduces TriMet s LIFT program costs. The great majority of the 417,000 rides provided annually by Ride Connection are LIFT-eligible. Ride Connection s cost per ride is $16 per ride lower than LIFT s cost per ride. Once the Flexible Funds Program project is completed, Ride Connection will have a permanent facility for their call center, dispatch operations, other functions, and a central parking lot for their vehicles. The site is a 2 minute walk from TriMet s Gateway Transit Center which is served by three MAX lines and six bus lines. The site is directly on a bus line, and is three blocks from the I-205 multi-use trail. The site also provides easy access for Ride Connection s vehicles to I-84 and I-205. The ODOT IGA will include ODOT s reallocation of the award to TriMet in the Statewide Transportation Improvement Program (STIP) to include application by TriMet to the Federal Transit Administration (FTA) for $750,000 to use for preventive maintenance, and an agreement between TriMet and Ride Connection for TriMet to disburse $750,000 of TriMet general funds to Ride Connection for accomplishment of the Flexible Fund Program project. The fund exchange is needed because FTA Region 10, after initially approving the use of the STP Flexible funds for the land purchase, declined to do so even though the purchase fully met all applicable federal requirements. The Project will include the following: 1. There will be no impact to the TriMet General Fund and no impact on funds available for TriMet operations. 2. Federal funds received by TriMet from ODOT will be STP funds, which are available for funding capital expenditures and preventive maintenance (PM). 3. ODOT will re-program $.750 million of State s STP grant funds to TriMet to apply to FTA for preventive maintenance. The funds are in addition to federal grants already anticipated for TriMet s PM needs. 4. Once the federal grant is awarded, TriMet will use the grant funds for preventive maintenance. The grant award is expected September 2012. 5. TriMet will enter into a contract with Ride Connection to transfer $750,000 of TriMet general funds for Ride Connection s accomplishment of the Flexible Fund Program award for land acquisition and construction of the permanent transportation operations facility. This will enable ODOT to adequately fund the Flexible Fund Program s award for the Ride Connection facility.
4. Options. The Board may choose not to authorize the Resolution, however, adoption is the only recommended option in order to implement the ODOT Flexible Fund Program award for the Ride Connection transportation operations facility. 5. Recommendation. The General Manager recommends that the Board adopt the Resolution. BdH/CP/PC
RESOLUTION 12-06-53 RESOLUTION OF THE TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON (TRIMET) AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTATION (ODOT) FOR AWARD OF SURFACE TRANSPORTATION PROGRAM (STP) FUNDS UNDER THE ODOT FLEXIBLE FUND PROGRAM, SUBMISSION OF A GRANT APPLICATION TO THE FEDERAL TRANSIT ADMINISTRATION (FTA) FOR FY12 STATE SURFACE TRANSPORTATION PROGRAM (STP) CAPITAL ASSISTANCE, AND AN AGREEMENT WITH RIDE CONNECTION TO IMPLEMENT THE ODOT FLEXIBLE FUNDS GRANT AWARD FOR A TRANSPORTATION OPERATIONS FACILITY WHEREAS, TriMet has authority under ORS Chapters 267 and 190 to enter into an intergovernmental agreement with the Oregon Department of Transportation (ODOT) for award of Surface Transportation Program (STP) funds under ODOT s Flexible Fund Program; and WHEREAS, the Secretary of Transportation is authorized to award Federal financial assistance for transportation projects and TriMet has authority under ORS Chapters 267 to apply for and enter into agreements for such Federal financial assistance; and WHEREAS, the contracts for financial assistance will impose certain obligations upon the applicant or subrecipient to the applicant, including the provision of the local share of project costs; and WHEREAS, it is required by the U.S. Department of Transportation (DOT) in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under U.S.C Title 49, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the policy of the Tri-County Metropolitan Transportation District of Oregon (TriMet) that disadvantaged businesses be provided an equal opportunity to receive and participate in DOT-assisted contracts, and that a program be established and administered to implement this policy; and WHEREAS, TriMet has authority under ORS Chapter 267 to enter into an agreement with Ride Connection to implement the ODOT Flexible Fund Program awarded project; NOW, THEREFORE, BE IT RESOLVED: 1. That the TriMet Board of Directors ( Board ) hereby authorizes the General Manager and his designee(s) to execute and file a grant application on behalf of TriMet with the Federal Transit Administration of the U.S. Department of Transportation requesting federal STP funds in the amount of $.750 million and to execute and file with such application any assurance or other documents required by the U.S. Department of Transportation to effectuate the purpose of such application. 2. That the General Manager and his designee(s) are further authorized to:
a. Furnish such additional information as the U.S. Department of Transportation may require in connection with the application, agreements or projects. b. Execute grant amendments, revisions and agreements on behalf of TriMet with the U.S. Department of Transportation for the financing of the grant application. c. Execute an intergovernmental agreement with the State of Oregon, Department of Transportation (ODOT) for award, use and exchange of the grant funds awarded by ODOT under the ODOT Flexible Fund Program and any other documents necessary for use of the grant funds. d. Execute an agreement with Ride Connection to implement the ODOT Flexible Fund Program awarded project for a transportation operations facility. 3. That the local match for the grant will be provided as noted in the Resolution Board memo. Dated: June 27, 2012 Presiding Officer Attest: Recording Secretary Approved as to Legal Sufficiency: Legal Department