HomeMy WebLinkAboutStaff Report 3.F 04/06/2015AGENDA ITEM # 3.F.
DATE: April 6, 2015
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Na; F ASCE — Director, Public Works & Utilities
Joe ye — Transit Manager
SUBJECT: Resolution to Adopt Certifications and Assurances and Designation of Authorized
Agent to Accept Low Carbon Transit Operations Program Funding (LCTOP)
Through the Metropolitan Transportation Commission (MTC) and Caltrans and
Authorization to File LCTOP Cycle 2 Application for Real -Time Bus Arrival
Information Signage
RECOMMENDATION
It is recommended that the City Council approve a Resolution to Adopt Certifications and
Assurances and Designation of Authorized Agent to Accept Low Carbon Transit Operations
Program Funding (LCTOP) Through the Metropolitan Transportation Commission (MTC) and
Caltrans and Authorizing the Filing of an LCTOP Cycle 2 Application for Real -Time Bus
Arrival Information Signage.
BACKGROUND
The Low Carbon Transit Operations Program (LCTOP) is one of several programs that are part
of the Transit, Affordable Housing, and Sustainable Communities Program established by the
California Legislature in 2014 by Senate Bill 862. The LCTOP was created to provide operating
and capital assistance for transit agencies to reduce greenhouse gas emissions and improve
mobility, with a priority on serving disadvantaged communities. Approved LCTOP projects
reducing greenhouse gas emissions will support new or expanded bus or rail services, expand
intermodal transit facilities, and may include equipment acquisition, fueling, maintenance and
other costs to operate those services or facilities.
MTC has proposed distribution of new program funding based largely upon existing State
Transit Assistance (STA) formulas. STA formulas are indexed to population and fare revenues
generated by transit operators. In the first year of the LCTOP, higher emphasis was placed on
revenue generation in lieu of population, which does not work to Petaluma's advantage.
Petaluma transit staff discussed this apparent inequity with MTC staff, who have agreed to
include the population -based element in future funding cycles for Petaluma. Petaluma was
programmed to receive a total of $1,742 in Cycle 1 and 2; however, due to discussions with
MTC, Petaluma is projected to receive closer to $20,000 per year under LCTOP beginning next
fiscal year.
As a condition of funding, all transit operators that wish to receive LCTOP program funds are
required to adopt the programs Certifications and Assurances and to designate an Authorized
Agent to execute grant documents and funding allocations. Staff have reviewed the required Low
Carbon Transit Operations Program (LCTOP) Certifications and Assurances that require project
sponsors such as the City to abide by Current LCTOP Guidelines and applicable legal
requirements. The Certifications and Assurance obligate the City to comply with specified
project administration, reporting, cost principle, and records retention requirements. These
requirements are typical for federally and state funded grant programs, and the City is able to
comply with the requirements.
The initial allocation of $1,742 is proposed to be expended on additional solar -powered real time
bus arrival signs for the ongoing Automated Vehicle Location/Computer Aided Dispatch
(AVL/CAD) project. The project will feature a few "real-time" bus arrival information signs at
bus stops around town. This expenditure is eligible for LCTOP and the work will be easily
delivered in FY 2015 to meet the requirements that these initial funds be expended within six
months rather than banking funds toward future projects.
The proposed action meets Council Goals: "Improve and Enhance Fiscal Stability and
Sustainability' and "Implement Real -Time Transit Information System for Petaluma Transit".
FINANCIAL IMPACTS
These additional unbudgeted new funds will assist Petaluma Transit in providing a high level of
transit service and increasing ridership in future years while maintaining reserves to avoid
service reductions during future economic downturns. While initially modest at only $1,742,
funding from the LCTOP program could exceed $100,000 to Petaluma Transit by 2020.
ATTACHMENTS
1. Resolution
2. LCTOP Authorized Agent Form
3. LCTOP Certifications and Assurances Form
Attachment 1
RESOLUTION TO ADOPT CERTIFICATIONS AND ASSURANCES AND
DESIGNATION OF AUTHORIZED AGENT TO ACCEPT LOW CARBON TRANSIT
OPERATIONS PROGRAM FUNDING (LCTOP) THROUGH THE METROPOLITAN
TRANSPORTATION COMMISSION AND CALTRANS AND AUTHORIZING THE
FILING OF AN LCTOP CYCLE 2 APPLICATION FOR REAL-TIME BUS ARRIVAL
INFORMATION SIGNAGE
WHEREAS, the City of Petaluma is an eligible project sponsor and may receive state finding
for the Low Carbon "Transit Operations Prognun (LCTOP) now or sometime in the future for
transit projects; and
WHEREAS, the statutes related to state -funded transit projects require a local or regional
implementing agency to abide by various regulations; and
WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) or
(Caltrans) as the administrative agency for the LCTOP; and
WHEREAS, the Department (Caltrans) has developed guidelines for the purpose of
administering and distributing LCTOP finds to eligible project sponsors (local agencies); and
WHEREAS, the City's plans to use the $1742 allocated from cycles 1 and 2 for additional solar -
powered real time bus arrival signs for the ongoing Automated Vehicle Location/Computer
Aided Dispatch Project, and eligible expenditure of LCTOP finds, ("Project"); and
WHEREAS, the Project is exempt from the requirements of the California Environmental
Quality Act ("CEQA") pursuant to section 15275(a) of the CEQA Guidelines because it will
increase existing City passenger bus services by moderning existing bus stops through
installation of solar -powered real time bus arrival signs. In addition, the Project is exempt from
CEQA pursuant to section 15301 of the CEQA Guidelines as minor alteration of existing public
facilities involving negligible or no expansion of use.
WHEREAS, the City of Petaluma wishes to delegate authorization to execute these documents
and any amendments thereto to the City Manager.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma:
1. That the fiord recipient agrees to comply with all conditions and requirements set
forth in the LCTOP Certifications and Assurances document and applicable statutes,
regulations and guidelines for all LCTOP funded transit projects in accordance with
the LCTOP Guidelines dated December 19, 2014.
2. That the City Manager is appointed Authorized Agent of the City for purposes of the
LCTOP and authorized to execute all required documents of the LCTOP program and
any amendments thereto.
3. Staff are authorized and directed to accept on behalf of the City $1,742 in Cycles l
and 2 of the LCTOP for purchase of additional solar -powered real time bus arrival
signs in accordance with all applicable LCTOP requirements.
Attachment 2
AS THE
Authorized Agent
(Chief Executive 0Ircer / Director/ President/ Secretary)
OF THE
(Name of County/City Ora-mrization)
I hereby authorize the following individual(s) to execute for and on behalf of
the named Regional Entity/Transit Operator, any actions necessary for the
purpose of obtaining Low Carbon Transit Operations Program (LCTOP)
funds provided by the California Department of Transportation, Division of
Rail and Mass Transportation. This form is valid for Fiscal Year 2014-2015
funds. If there is a change in the authorized agent, the project sponsor must
submit a new form. This form is required even when the authorized agent is
the executive authority himself. I understand the Board must provide a
resolution approving the Authorized Agent. The Board Resolution
appointing the Authorized Agent is attached.
_ OR
(Name and Title of Authorized Agent)
_ OR
(Name and Title of Authorized Agent)
(Name and Title of Authorized Agent)
(Print Mum)
(Signature)
Approved this
day 4f
(Title)
20
Attachment: Board Resolution approving Authorized Agent
Attachment 3
Low Carbon Transit Operations Program (LCTOP)
Certifications and Assurances
Project Sponsor:
Agency Name:
Effective Date of this Document:
The California Department of Transportation (Department) has adopted the following
certifications and assurances for the Low Carbon Transit Operations Program. As a condition of
the receipt of LCTOP fiords, project sponsors (both Project Lead and Contributing Sponsors)
must comply with these terms and conditions.
A. General
(1) The project sponsor agrees to abide by the current LCTOP Guidelines and applicable
legal requirements.
(2) The project sponsor must submit to the Department a signed Authorized Agent form
designating the representative who can submit documents on behalf of the project
sponsor and a copy of the board resolution appointing the Authorized Agent.
B. Project Administration
(I) The project lead certifies that required environmental documentation is complete before
requesting an allocation of LCTOP fiords. The project lead assures that projects
approved for LCTOP funding comply with Public Resources Code § 21100 and § 21150.
(2) The project lead certifies that when LCTOP funds are used for a transit capital project,
that the project will be completed and remain in operation for its useful life.
(3) The project lead certifies that it has the legal, financial, and technical capacity to carry
out the project, including the safety and security aspects of that project.
(4) The project lead certifies that they will notify the Department of pending litigation,
dispute, or negative audit findings related to the project, before receiving an allocation of
funds.
(5) The project lead must maintain satisfactory continuing control over the use of project
equipment and facilities and will adequately maintain project equipment and facilities for
the useful life of the project.
(6) Any interest the project lead earns on LCTOP funds must be used only on approved
LCTOP projects.
(7) The project lead must notify the Department of any changes to the approved project with
a Corrective Action Plan (CAP).
(8) Under extraordinary circumstances, a project lead may terminate a project prior to
completion. In the event the project lead terminates a project prior to completion, the
project lead must (1) contact the Department in writing and follow-up with a phone call
verifying receipt of such notice; (2) pursuant to verification, submit a final report
indicating the reason for the termination and demonstrating the expended funds were
used on the intended purpose; (3) submit a request to reassign the funds to a new project
within 180 days of termination.
(9) Funds must be encumbered and liquidated within the time allowed.
C. Reporting
(1) The project lead must submit the following LCTOP reports:
a. Semi -Annual Progress Reports by February 15°i and August 15°' each year.
b. A Final Report within six months of project completion.
C. The annual audit required under the Transportation Development Act (TDA), to
verify receipt and appropriate expenditure of LCTOP fimds. A copy of the audit
report must be submitted to the Department within six months of the close of the
year (December 31) each year in which LCTOP funds have been received or
expended.
(2) Other Reporting Requirements: ARAB is developing Funding guidelines that will include
reporting requirements for all State agencies that receive appropriations from the
Greenhouse Gas Reduction Fund. Caltrans and project sponsors will need to submit
reporting information in accordance with ARAB's funding guidelines, including
reporting on greenhouse gas reductions and benefits to disadvantaged communities.
D. Cost Principles
(1) The project lead agrees to comply with Title 2 of the Code of Federal Regulations 225 (2
CFR 225), Cost Principles for State and Local Government, and 49 CFR, Part 18,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments.
(2) The project lead agrees, and will assure that its contractors and subcontractors will be
obligated to agree, that:
a. Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations
System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of
individual project cost items and
b. Those parties shall comply with Federal administrative procedures in accordance
with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments. Every sub -recipient
receiving LCTOP funds as a contractor or sub -contractor shall comply with Federal
administrative procedures in accordance with 49 CFR, Part 18. Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments.
(3) Any project cost for which the project lead has received funds that are determined by
subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter L Part 31 or 49
CFR, Part 18, are subject to repayment by the project lead to the State of California
(State). All projects must reduce greenhouse gas emissions, as required under Public
Resources Code section 75230, and any project that fails to reduce greenhouse gases shall
also have its project costs submit to repayment by the project lead to the Slate. Should
the project lead fail to reimburse moneys due to the State within thirty (30) days of
demand, or within such other period as may be agreed in writing between the Parties
hereto, the State is authorized to intercept and withhold future payments due the project
lead from the State or any third -party source, including but not limited to, the State
Treasurer and the State Controller.
G. Record Retention
(1) Tile project lead agrees, and will assure that its contractors and subcontractors shall
establish and maintain an accounting system and records that properly accumulate and
segregate incurred project costs and matching funds by line item for the project. The
accounting system of the project lead, its contractors and all subcontractors shall conform
to Generally Accepted Accounting Principles (GAAP), enable the determination of
incurred costs at interim points of completion, and provide support for reimbursement
payment vouchers or invoices. All accounting records and other supporting papers of the
project lead, its contractors and subcontractors connected with LCTOP funding shall be
maintained fa' a mininnmn of three (3) years from the date of final payment and shall be
held open to inspection, copying, and audit by representatives of the State and the
California State Auditor. Copies thereof will be furnished by the project lead, its
contractors, and subcontractors upon receipt of any request made by the State or its
agents. In conducting an audit of the costs claimed, the State will rely to the maximum
extent possible on any prior audit of the project lead pursuant to the provisions of federal
and State law. In the absence of such an audit, any acceptable audit work performed by
the project lead's external and internal auditors may be relied upon and used by the State
when planning and conducting additional audits.
(2) For the purpose of determining compliance with Title 21, California Code of Regulations,
Section 2500 et seq., when applicable, and other matters connected with the perforniance
of the project lead's contracts with third parties pursuant to Government Code § 8546.7,
the project sponsor, its contractors and subcontractors and the State shall each maintain
and make available for inspection all books, documents, papers, accounting records, and
other evidence pertaining to the performance of such contracts, including, but not limited
to, the costs of administering those various contracts. All of the above referenced parties
shall make such materials available at their respective offices at all reasonable times
during the entire project period and for three (3) years from the date of final payment.
The State, the California State Auditor, or any duly authorized representative of the
State, shall each have access to any books, records, and documents that are pertinent to a
project for audits, examinations, excerpts, and transactions, and the project lead shall
Furnish copies thereof if requested.
(3) The project lead, its contractors and subcontractors will permit access to all records of
employment, employment advertisements, employment application forms, and other
pertinent data and records by the State Fair Employment Practices and Housing
Commission, or any other agency of the State of California designated by the State, for
the purpose of any investigation to ascertain compliance with this document.
F. Special Situations
The Department may perform an audit and/or request detailed project information of the
project sponsor's LCTOP funded projects at the Department's discretion at any time prior to
the completion of the LCTOP.
1 certify all of these conditions will be met.
JOHN BROWN, CITY MANAGER (AUTHORIZED AGENT)
City of Petaluma