HomeMy WebLinkAboutAgenda Bill 2.A 09/20/2010fl ~-ev~.c~v I tP,wv #2 . ~l
DATE: September 20, 2010
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Vincent Marengo, Director, Public Work '
SUBJECT: Resolution Approving Agreement Between Sonoma-Marin Area Rail Transit
District (SMART) and City of Petaluma to Allow City of Petaluma to Act as a
Pass Through Agency fora $1.96M Federal Earmark for SMART Rail Projects
RECOMIVIENI)A~'ION
It is recommended that the City Council adopt the attached resolution approving an agreement
between Sonoma-Marin .Area Rail Transit District (SMART) and the City of Petaluma to allow
City of Petaluma to act as a pass through agency fora $1:96M federal earmark for SMART rail
projects.
BACKGROUND
In 2008, SMART received a federal earmark in the amount of $1:96M for "Project Engineering
and Environmental Impact Studies". Although these grant funds are available from the Federal
Transit Administration (FTA) to implement the projects, under FTA grant requirements, only an
eligible entity may serve as the direct recipient of the federal funds, entering into a formal grant
contract with FTA. Since SMART is not an eligible direct recipient of FTA grant funds, they
have requested that the City of Petaluma act as the primary grantee and pass-through agent for
the FTA funds, placing SMART in the position of sub-grantee.
FTA regulations permit a grantee to pass FTA funds through to another agency to carry out the
purposes of the grant agreement, provided that the primary grantee (in this case City of
Petaluma) enters into a written pass-through grant agreement with the sub-recipient (SMART).
The attached resolution authorizes such an agreement.
DISCUSSION
By providing this sponsorship to SMART, the benefit to Petaluma, and specifically to Petaluma
Transit, is a closer working relationship with a neighboring agency. Once the train is up and
running, Petaluma Transit hopes to operate any SMART-funded shuttle service to the Petaluma
stations. Provision of shuttle routes feeding and distributing to/from the SMART train will
generate additional revenue through a direct operational subsidy from SMART, providing
Agenda Review:
City Attorney Finance Director City Mana
opportunities for better vehicles, additional productive service hours for Petaluma Transit, and
marketing exposure with SMART patrons. For this, as well as other opportunities for
cooperation, it would be very beneficial for the City to have a good working relationship with
SMART. Since SMART will reimburse the City for staff time and legal costs, there is additional
incentive to take this opportunity to collaborate.
It is anticipated that the SMART Board of Directors will approve this agreement at their
September 15, 2010 meeting.
FINANCIAI, IMPACTS
SMART will reimburse the cost of all staff time and legal counsel incurred to administer the
grant and implement the pass through of funds as described in the agreement. Approval of this
resolution will not result in any financial impacts for the City.
ATTAC>FIIVIENTS
Resolution, including Exhibit A to Resolution: FTAPass-Through Agreement By and
Between Sonoma-Marin Area Rail Transit District and City of Petaluma
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ATTACHRAE~T '~
RESOLUTION APPROVING AGREEMENT BETWEEN SONOMA-MARIN AREA
RAIL TRANSIT DISTRICT (SMART) AND CITY OF PETALUMA TO ALLOW CITY
OF PETALUMA TO ACT AS A PASS TIIROUGH AGENCY FORA $1.96M FEDERAL
EARMARK FOR SMART RAIL PROJECTS
WHEREAS, grant funds are available to the Sonoma-Marin Area Rail Transit
District (SMART) from the Federal Transit Administration ("FTA") to implement rail projects;
and
WHEREAS, under applicable FTA grant requirements, only an eligible recipient may
serve as the direct recipient of these federal funds and enter into a formal grant contract with
FTA; and
WHEREAS, SMART, as a subgrantee, is not an eligible direct recipient of FTA grant
funds and has requested that City of Petaluma act as the primary grantee pass-through agent for
FTA funds for the subgrantee; and
WHEREAS, applicable FTA regulations permit a grantee to pass FTA funds through to
another agency to carry out the purposes of the grant agreement, provided that the recipient
enters into a written agreement with the subrecipient, passing through the grant requirements to
the subrecipient; and
WHEREAS, City of Petaluma and subgrantee desire to enter into a formal contract
pursuant to which, the .aforementioned FTA and related local match grant funds for
implementation of the projects will be passed through the City to the subgrantee.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Petaluma hereby authorizes the City Manager to execute the FTA Pass-Through Agreement By
and Between Sonoma-Marin Area Rail Transit District and City of Petaluma, attached as Exhibit
A to the Resolution.
EXH~~~~ A YO IRIS®LIJ~~®~
FTA PASS-TI-IROTGI~ AGREEMENT
By and Between
Sonoma-Marin Area Rail Transit District
And
City of Petaluma
This Agreement ("Agreement") has been entered into by and between the CITY OF
PETALUMA (hereinafter "City") and the SONOMA-MARIN AREA RAIL TRANSIT
DISTRICT (hereinafter "Subgrantee"); as of ,..2010, for the undertaking
of: SMART Project Engineering and Environmental Impact Studies ("Project"). City and
Subgrantee are hereinafter referred to collectively as the "Parties."
WHEREAS, grant funds, are available from the Federal. Transit Administration ("FTA")
to implement the Project; and
WHEREAS, under applicable FTA_grant requirements, only an eligible recipient may
serve as the direct recipient of the federal funds and enter into a formal grant contract
with FTA; and
WHEREAS, Subgrantee is not an eligible direct recipient of FTA grant. funds and has
requested that City act as the primary grantee pass-through agent for FTA funds for
Subgrantee; and
WHEREAS, applicable FTA regulations permit a grantee to :pass FTA funds through to
another agency to carry out the purposes of the grant agreement. provided that the
recipient enters into a written agreement with the subrecipient passing through the grant
requirements to the subrecipient; and
WHEREAS, City and Subgrantee desire to enter into a formal contract pursuant to which
the aforementioned FTA and related local match grant fund's for implementation of the
Project will be passed throughCity to Subgrantee.
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES AS
FOLLOWS:
AGREEMENT
1. TERMS AND CONDITIONS.
The Project shall be undertaken and accomplished in accordance with the terms
and conditions specified herein or.containeci in the Appendices named below, which are
attached hereto and by reference incorporated herein.
City has applied for the Grant pursuant fo a 2008 Earmark. A copy of the
submitted application is attached as Appendix.A.
Appendix B contains general provisions applicable to this Agreement.
Appendix C contains the City of Petaluma/FTA Grant Agreement executed ,
20 and the referenced Certifications and Assurances applicable to the Project.
Appendix D contains the Project Budget, by line item, and identifies the funding sources.
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2. EFFECTIVE DATE. The effective date of this Agreement shall. be
2010. The Project shall be completed on or before June 30, 2012.
3. FTA FUNDING AND EXPENSES. The total of all expenses incurred in
performance of Project shall not exceed the sum of Two. Million Four Hundred and
Fifty Thousand Dollars ($2,450,000). Other federal funds not to exceed One Million
Nine Hundred and Sixty Thousand Dollars ($1;960,000) (the "Grant") will be
immediately available, upon award of the Grant, for reimbursing expenditures under
this Agreement. Subgrantee is solely responsible for providing the local match, in the
amount of Four Hundred Ninety Thousand Dollars ($490,000), to complete the
Project. The availability of federal funds shall be a condition precedent to the
requirement that Subgrantee. provide the local match funds to complete the Project.
The award of the Grant shall be a condition precedent to City's execution of this
Agreement.
4. REIMBURSEMENT OF CITY EXPENSES. In consideration of the work provided
by City of Petaluma staff, Subgrantee will reimburse the cost of staff time .and legal
counsel incurred to administer the Grant and implement the pass through of funds as
described in this;Agreement ("City Costs"), including,without limitation costs of
applying for the Grant, negotiating this Agreement, and undertaking related activities
prior to the Effective Date and/or execution date of -this Agreement and/or the Grant
award. The Parties acknowledge that City Costs may not-be not payable from Grant
funds, and in that event City Costs will be paid by ..Subgrantee. from other funds,
which Subgrantee hereby acknowledges have been or will be made available for such
purpose. Expenses will be invoiced by the City of Petaluma directly to Subgrantee
and payment will be made within forty-five (45) days of the invoice date(s).
SUBGRANTEE MANAGEMENT; PROJECT DESCRIPTION. The Project
Manager will be ~ ;. The Project shall be
conducted and administered by Subgrantee under the direction of its General
Manager, who will be responsible for the day to day administration of the Project:
Lillian Harries
General Manager
Sonoma-Marin Area Rail Transit District
750 Lindaro Street, Suite 200
San Rafael, California 94901
(415) 226-0886
Any notices required or permitted to be sent. to .Subgrantee by City shall be addressed
to the person and. at the address specif ed above; unless changed in writing by
Subgrantee. The Scope of Wcrk will be pursuant to the Project description contained
in Appendix A (Grant Application).
6. SUCCESSORS AND ASSIGNS. This Agreement shall bind and inure to the benefit
of the respective successors and assignees of the Parties; provided, however, that no
2
assignment:of Subgrant_ee's rights and responsibiltieshereunder shall:,be permitted
without the prior written consent of City.
7. ENTIRE AGREEMENT. This Agreement; rieludng,Appendices Athrough D,
contains the entire agreement between the Partieswith respect to the subject matter
hereof, and supersedes all prior written- or oral agreements, understandings,
representations or statements between the Parties with respect to the subject matter
thereto.
8. SEVERABILITY. If any term, provision or condition of this Agreement is held by a
court of competent jurisdiction to be invalid or.unenforceable, the remainder of this
Agreement shall continue:in full force and effect unless the r-fights and obligations of
the Parties shall be materially altered or abridged thereby.
9. PARTIES NOT CO-VENTURERS. Nothing in this Agreement is intended to or
shall establish the Parties as partners, co-venturers or principal and agent with one
another.
IN WITNESS WHEREOF, this.Agreement has been executed by the Parties hereto as of
the date first set forth above:
CITY OF PETAI.UIVIA:
By:
John Brown, City Manager
ATTEST:
Claire Cooper, City Clerk
APPROVED AS TO FORM FOR CITY:
Eric W. Danly, City Attorney
APPROVED:
Vincent Marengo, Department Director
3
APPROVED:
Ron Blanquie, Risk Manager
APPROVED:
Sandra Sato, Interim Finance Director
SONOMA-MARIN AREA RAIL TRANSIT DISTRICT:
By:
Lillian Hames, General Manager
APPROVED AS TO FORM FOR SUBGRANTE>E:
Gregory T. Dion, Deputy County Counsel
4
.~APPENI)IX A
GRANT APPLICATION
~.~
~~ F~~
U.S. DepartmenYof Transportation Federal Transit.Administration
Application
~.,~ ~~ ~ ~
Recipienrt ID: ~.. ~._~,_.~., ....~ ~ ~~ .... _ ~ . ~ ... ~ ~u ...n ~_- ,~. ~.~... _..~._~.._ _ ~ ..
271 3 -
~~~~ ~ ~~~-~~~~-~~~~»~~~ - ~ -~~~~ ~~~
y
Recipient Name' PETACUM~~, GTY OF
'
a ~ ~ .~, ~,_,.....~..... A .~ F _ .. _ _ _
~.
Project ID CA-03-0013-00,
Budget Number 1 - Butlget Pending Approval
Project Inforrna6on: . SMARS PE BEIS _
Part 'I: Recipient Information
__ ..._r~M,..-
Protect Number ~_ .~ .w. ~. w~..-_ __ - - -- --.,.._ _._ ~~~ ._.~~-~_ - ____._ ~ .
CA 03-0813 OD
Reapient I D 2713
_.A.~m_..~_ . ~~,}_.~_a.~.».~,~,.,~ .... ..yin _.__.- - -
Reripier~ Name: ~ PETALUMA, CiT,Y OF
.Address. P555 N. MCDOUV'ELLBLVD, PETALUMA, CA 94954 L311
- _
... , ......
Telephone: .,am~ _._
,, s,
(707)•.778-4421
-- .__r.... _..w.--.~..~ a„_..__.. ,.- _.
f~
Facsimile: _ _
_ ,(ID7p77E31.99
Union Information
Recipient ID: ~
µ ~ ~ 2713 ~ ~ ~ ~~~~ ~~~~~~ -~ ~~
UnionN3rna AMRLGAMATED TRANSIT UNION
Address 1. 35 MitcheN Blvd. Swte 2~% ~~
Address 2:
Cdy~ San Rafael, CA 94903
Contact Name: ° Ray M essier
"Telephone: (415}479 5090
-
`Facsimile: d
Email:
,,.._...~...,._. ~._ trayatu1575@pacbell net
a. ...._.,,. _.....,,. _.._ ...
e Website: '
Part 2: Project Information
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Project Type: Grant ~ ~ - ~ I Gross Project Cosy. ~ $2.450,000
Project Number: CA-03-0813-00
~ Ad~ustment Amt
f
a d $0'
„.
Project Description ,...,. .. .. ,~...~..
~ SMART PE &EIS ..,..~~ ,
., _. .~~..v,...,.., ,..
{ Total Eligible Cost. -dw,._ .... ..
$2;450,000
Recipient Type: ;City ~TOtal FTA Amt: r $1,960,000
..
FTA Project Mgr: .....__ M _...a.~
:Susan Chu ~..-
+;Total State Amt.
$0~
,Recipient Contact 'Joseph Rye
~ o ~ Total LocaLAmt $490,000;
M
New/Amendment _. . _ -....,_, ..-. -.M. _
,
~ None Specified' ... ~. _ i. n~~ ..., .,_,~. ,....
'Other Federal Amt ~. _._. _._. _ _...,_ _ . ......... . ...
$0 ~
Amend Reason: ~ IniGal~Application i :Special Cond Amt: $0:
Fed Dom Asst. #: ~ 20500 Special Condition, NoneSpecified
.. _
Sec. of Statute: , ~ ~ . ~. ~.. ~..
`5309 5 . _ ._ ..w _
S C_ Tgt Date: _ ---- -__ _ _
None Specified ._ - _..
(
.
State Appl. ID: _.~_w~ ___
94-6000392 ~ ~ ~ __
~mm S C Eft. Date; _ ~.
Y None Specified
_
.-_
~ .
, o .s
w.__ ,._
_
.
_.
Start/End f7ate: ~...m~.~, v. ~ ~ , .. ~
Jul 01, 2010 Jun. 30, 2012 ~.,_ g
Est. Obli .Date: ~ ..~
..
K
None S cified ;
_
._.
.
Rewd. By State: Aug .09, 2 ~_.~... ,... _,~.
010 ~_ ~ , .~ _~__...~....
Pre-Award~Authonty? _ , ._.
~ Yes __e..., .
EO 12372 Rev: fJot Applicable Fed. Debt Authonty~ iVo
~
~_ __
Review Date: . ~. _._.... K. _;~ ~_ .___u
`None Specified ~~ . ,..~ _. .. ~.,..~_..,~-,
(~ Final Budget?:' ..,v.~._ w_~ _ _-
~ No _._ _ .. F
.Planning Grant?: ~ NO i
Program Date (SSIPJ T Jul. 21
2010 ~
UPWP/FiA Prm Plan ,
j
Program Page: {None Specified
~~~~~~~ ~ ~~~ ~
~~~~
Application Type: ;Electronic
Supp. Agreement?: ~ No
Debt. Delinq. Details: '
Urbanized Areas
UZA ID UZA Name..., ., _
60000 CALIFORNIA ~ _ ~~~~ ~~ ~~~
Congressional Districts
State ID District Code ~District Official
6 6 u Lynn C Woolsey es ^~ .
Earmarks
Earmark Details
Earmark ID Earmark Name Orig, Balance t AmountQpphed'
E2008 NWST-010. Smart EIS3and PE ~ X1;960;000 ° $1;960,000
Number of Earmarks: 1
Total Amount Applied: $1,960,000
file. /J; S~fPrensil/ABeanents - RFP'sJSMART/Attechmmts/SMART ApplicaGmSu~mitted 82610.hhn (2 ot5)e/:b2010 1:57:12 PM
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Date Bent for Release:
Date Released:
Security
No information found.
Part 3: Budget
Estimated Total Eligible Cost:'. $2,450,000.001
.~. _ ~.,... •r°°W°°°Federal Share:- $1 960,000.OOg
~~ LocalShare: $490,000.00'
OTHER (Scones and Activities not included. in Project Budget Totals
None
SOURCES OF FEDERAL FINANCIAL ASSISTANCE
~~ ~_ ~~ ~~~ ~~PreviouslV )~~~~~~~Amendment ~~~~~~~~~~_ ~~~ ~~~~~~
UZA ID Accounting Classification? FPC ~ FY 'SEC Total
- r Approved ~ Amount
.60000 ' 2008.47.03.33.1 ? 00 ~ 2010 , 03 $0 00 ~ $0 W $0 00
_ .. ...W -.. k,. .. .._ ,~. _ ~-__.._~._.~....
_ _ .... _.w-~.. _ _ ._.,... _. - ~_~._ _ - . ._~- x~ ~~ ~.a
Total Previously Approved: , $0.00
Total Amendment Amount: t $0.00
i- ._ ._ ,_ .w.._ . ~ .~ .... _ ~. _ , __ - .__.
f .-_ ...... Wo._a_. ~_._~..~ .., .... _.. ~_ _ e~ w.. .. -.-.~.a _~..,.~..~,~_ ,
I ~ Total from all Funding Sources: ~ $0.00,
Alternative Fuel Codes
Extended Budaet. Descriptions
'14.08.80 < PROFESSIONAL SERVICES -~~ ~ _ .
SIeJ/fSl,Transit/A~mneuts-RFP'S~SMART/AtlecfimmtySMART Applimtim Submitted 82610.hen fl of 5)6/:620101:57:12 PM
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0' $1,960;000:OOF J$2,450,000.00
~~
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TIP IDSON070025
Pertorm techriicaCstiidies and;etivironmental analysisforthe Sonoma-Marin Area'Rail. Trarisit{SMART) corridor project, arid develop a
'' corridor implementation sttategyto address delivery issues related to multiple sources of funding.
-A map of the service isattached.
)This project wills serve the San Francisco, Santa Rosa, and Petaluma UZAs.
k,..,,,_,.._. .._.w-.~. _ .~ .. s. _.._-,..._... R~.,.,~ .~.,,....,_....._ _..,..a.
Changes since t'he Prior Budget - f ~ ~ ~ ~ ~ ._..~-~
Unable to find.chanae amount information.
Part 4. Milestones
140-80 NEW START
0 ..$1,960;000 $2,450,000
Milestone Description ~ .Est. Comp. Date
1 Begin development of corridor Jul. 01 2010
a. . _ ~..... _ a.-. M ~ _
2 Complete corridor implementati Jun 30 2011
This grant includes work regwred to.prepare a ',Corridor Implementation Strategy, ~~ J ~~ ~fr~ ~
~' to address issues related to segregating portions of the work according to k
Ifunding requirementsfrom a nurnberof'sources.
3 ° Complete technical studies ~ Jun. 30, 2012;
_.W ,.. ,.. tTThis4 rant;will also artiall fund tephncal work related to enivron
g ~~~ p y mental analysis
`and other technical'studies fora federally-funded, portion of the project. p ~
~~' Completing all NEPA requirements are oeyohd ttie scope of this gfaht. ~
Part 5. Environmental Findings
140880 PROFESSIONAL SERVICES 0 $1,960,000 :$2,450,000
Finding No. 1 -Class IILc)
C01 - Engineeringl~sign/Planning/Tech.Studies
Activities which dohofinvolve,orlead'directlyao consttuction, such as planning and'technical studies; projects for training and
research prdgrams;.planning activihes,eligi6lefcr assistance listed in 23 U:S:C.-.134, 135,: and 307(c); planning activities related to
approval of a.unified.work program and any findings requireq in the planning process pursuant toi23.C.F.R. Part 450, activities for
state planning and research`programs pursuant to 23 C F.R. Part 420; engineenngto define'the elements of a proposed action or
alternatives so that social, economic, and environmental effects can be assessed:GiM
Part 6 Fleet Status
'Fined Route
-.~ mm
r Before Chance After,
-1. aAdtiveFleet ~ !
~A. Peak Requirement 0 0 Ou
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B. Spares ~
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_
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- ~,0
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_ 0;
... _ _... m_ .
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C. Total (A+B) ~ .
.
_._ ..
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0> .
_ 0 0,
D. Spare Ratio (BIA) 0.00%~~~ 0 00% M 0:00°
- ......_
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11.
Inactive Fleet..
1 i
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~A.Other ... _... _.
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F _~_ . _
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~ B Pending Disposal i _
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0}
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0
„C Total (A+B) I
' 0~°
' 0 0'
III. ~
Total(LCandILC) ~ 0 0~ 0
Part 7. FTA Comments
Part 8: Results of'Revews
The'. reviewer did nobfind anwetrors
i
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APPENDIX B
GENERAL PROVISIONS
1. General:.Subgrantee shall comply with any and all laws, statutes, ordinances; rules,
regulations or requirements of the federal, state or local government, and any agency
thereof, which relate. to or in any manner affect the. performance of this Agreement. 49
CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," Circular 4220.1 F of the Federal Transit
Administration (FTA), and the PETALUMA/FTA Grant Agreement executed
20, with referenced Certifications and Assurances, attached hereto as
ARpendix C (collectively, "Grant Terms and Conditions"), are each incorporated herein
by reference as though set forth in full, and shall govern this Agreement except as
otherwise provided herein. Those requirements imposed upon PETALUMA as "grantee"
or "recipient" are hereby imposed upon Subgrantee, and those rights reserved by DOT,
FTA or other agencies of the Federal Government are hereby reserved by PETALUMA.
2. Accomplishment of the Project: Subgrantee shall accomplish this Project in a timely
and satisfactory manner, in conformance with the work program and Project Budget
contained in Appendix A hereto, and in compliance with the terms and conditions
contained herein. Subgrantee may accomplish all or any portion of the Project by
procurement through .Subcontractors in accordance with 49 CFR Part 18 and FTA
Circular 4220.1 F. Subgrantee shall furnish PETALUMA with copies of any subcontract
to this Agreement, or amendments thereto, in amounts exceeding One Hundred Thousand
Dollars ($100,000).
3. Financial Management
a. Accounts: In conducting accounting activities, Subgrantee shall comply with
provisions contained in 49 CFR Part 18.
b. Funds: Subgrantee agrees to provide the local match of Four Hundred Ninety
Thousand Dollars ($490,00,0) for the Project, immediately upon award of the Grant, and
in no event later than Subgrantee's first request for reimbursement for Project services
and expenses.
c. Allowable Costs: Subject to the Grant Terms and Conditions, PETALUMA shall
reimburse Subgrantee for those services and expenses required to perform the work in
accordance with the Project budget as described in Appendix A.. Reimbursement shall be
in accordance with the cost principles set forth in Office of Management and Budget
("OMB") Circular A-87, Revised, "Cost Principles Applicable to Grants and Contracts
with State and Local Governments."
d. Record Retention: Subgrantee shall. retain intact and accessible all data, documents,
reports, records, contracts and supporting materials relating to the Project ("Records")
during the course of the Project and for three years after the date of f nal payment by
FTA to PETALUMA under the PETALUMA/FTA Grant Agreement or the date of final
completion of the Project, whichever occurs later. If any litigation, claim, negotiation,
audit or other action related to the Project is started before the end of said three-year
period, Subgrantee shall retain Records for three years after completion and resolution of
the action and all issues related to it.
B-1
13
e. Access to Records: Upon request, Subgrantee agrees to permit' ;authorized
. representatives of the Federal. Transportation .Agency; the. Comptroller General of the
United States,. and the. City ofPetaluma.to inspect~..all Project work, materials, payrolls,`
` and other data, or other books, records, and accounts of Subgrantee pertaining to the
Project;beginning with execution of this Agreement and' extending to-three years, from
final payment by FTA to PETALUMA under the PETALUIVIA/FTA Grant Agreement.
In addition, Subgrantee shall. provide copies of all source documents required to verify
compliance with the requirements. of this. Agreement, including but not. limited to,
approved cost allocation. plans, written progress .reports,. job cost .ledgers, and time
records. Subgrantee shall maintain all records related to the Project and its costs for three
years from the date of final payment by the FT ,A to PETALUMA under the
PETALUMA /FTA Grant Agreement or the date of final completion of the Project,
whichever is Iater:,Furthermore, Subgrantee shall require each of its contractors and
. subcontractors to allow representatives of the FTA,. the State,. aad~:PETALUMA to have
access to all books, records, and documents relative to all costs.a_nd performance under
the Agreement for the purpose of auditing, inspecting, ;and copying such books, records,
and documents beginning with the execution of the contractoor ubcontract and extending
for three years after final payment under the Agreement. The contractors and
subcontractors shall be required to maintain all records: related o contract or subcontract
costs and performance. for three years following final payment to them under the contract
or .subcontract.
f. Audit: Subgrantee will .provide thorough and,. complete accounting for all funds
expended in the performance of this work, to the extent that such funds are provided by
PETALUMA, consistent with 49 Code=of Federal Regulations; Part 1837(b). Subgrantee
shall be responsible for meeting audit~requirements of the Single Audit Act Amendments
of 1996, 31 U.S.C. §§` 750.1 et: seq., in accordance with OMB Circular A-133, "Audits of
States, Local Governments, and Non-Profit.Organizations," and any revision or
supplement thereto. Subgrantee shall annually submit to PETALUMA. one copy of its
audit completed irr accordance with the above=described single audit requirements within
thirty (30) days after completion of'the audit, but not Later than one (1) year after the end
of the audit period.
4. Project Reporting
a. Timin `og f Reports: The quarterly reporting periods shall end December 31, March
31, June 30 and September 30. Subgrantee reports, including Narrative Progress Reports.
and Financial. Reports, are due to PETALUMA fifteen (15); days after the end of the
quarterly reporting period to allow PETALUMA sufficient processing time.
Milestone%progress reports are due to FTA within thirty (30) days after the end of each
calendar quarter~(i,e., b'y January 30, April 30; July 30; and Qctober 30): Subgrantee
agrees to comply with the project management principles in the PETALUMA/FTA Grant
Agreement, amendments thereto, and any other regulations and circulars that may be
applicable.
b. ,Administration. Subgrantee shall appoint a Project Manager who shall see that
Project accounts are maintained subject to FTA regulations and PETALUMA. approval,
prepare progress reports as required by the FTA, and administer the Project.
c. Content of Reports:
B-2 '' II
~`~
..(1) Narrative Pro report: Subgrantee. shall prepare a narrative progress
report covering accomplishments during the quarterly reporting period. These periodic
reports shall contain a narrative' description of the following information: specification
preparation: bid solicitation; resolution of any protests; any contract awards; work
completed`during the period; tasks expected to be performed during the next period; and
explanations of problems or delays encountered or anticipated.
(2) Financial Report: Subgrantee shall prepare a financial report covering the
same reporting periods specified above. These reports shall include, but not. be limited to,
a balance sheet and. a Project expenditure statement by line item code.
5. Requisitions: Subgrantee shall prepare requisitions for reiiimbursement for services
performed and/or expenses incurred under this Agreement, and shall segregate costs by
activity pursuant to-the Project Budget contained in the Grant Application (Appendix A).
In addition, each invoice .shall have sufficient documentation to show grant, local match,
and in-kind amounts, as applicable. Such requisitions shall be signed by Subgrantee's
Chief Financial Officer, or equivalent, or a designated representative thereof. Subgrantee
shall maintain records of payroll distribution, receipted bills, and such other
documentation as may be reasonably required by PETALUMA. Requisitions shall be
accompanied by supporting documentation. If a requisition includespayment for work
performed under subcontract, copies of the Subgrantee invoices and proof of payment
shall be enclosed. The number of requisitions submitted by Subgrantee to PETALUMA
shall be limited to the least number of requisitions possible, and in no event shall be
submitted more frequently than: quarterly.
6. Payment: PETALUMA shallmake payments to Subgrantee as expeditiously as
possible, following the approval of requisitions and the subsequent receipt of funds from
FTA.
(a) Subgrantee acknowledges that if any portion of any grant under the
PETALUMA/FTA Grant Agreement is not funded by FTA, or if the Grant is deobligated
or terminated by FTA, PETALUMA is not obligated to provide such funds to Subgrantee
and is not liable to Subgrantee in any way for such funding. Subgrantee acknowledges
that PETALUMA will seek;reimbursement from FTA after making payments to
Subgrantee under this Agreement. Subgrantee further agrees promptly to fully refund to
PETALUMA any payments- under this Agreement that are subsequently disallowed by
FT A or determined by any audit to be unallowable, whether or not the Grant.. has been
deobligated or terminated.
(b) Subgrantee agrees that only actual, allowable, necessary and :reasonable costs are
reimbursable and that all Project costs invoiced to PETALUMA shall comply with the
PETALUMA/FTA Grant Agreement scope, .terms and conditions. Subgrantee agrees to
comply with Title 2 Code of Federal Regulations Part 225 (formerly Office of
Management and Budget '(OMB) Circular A-87), 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, and to require all of its
commercial third party contractors to comply with the .cost principles of Title 48 Code of
Federal Regulations Part 31.
7. Project Property: Subgrantee agrees to comply with the property management
standards of 49 CFR Sections 18.31-18.34 and any requirements contained in the form of
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FTA Master Agreement, ocated at http:7/www.fta.dot.gov/documents/12-Master.doc,
relating to property management,
R. Changes: From time to time, circumstances orconditions-may require changes to ahis
Agreement. Changes which-.are mu"tually agreed upon between Subgrantee and
PETALUMA shall be incorporated'inwrittcn amendments to this Agreement,
9. Termination: Subgrantee agrees that PETALUMA may terminate this Agreement for
cause if Subgrantee is in default of any provision. Terinination shall be effected by
serving a thirty (30) day writicn notice of termination on Subgrantee setting forth the
manner in which Subgrantee is in default. In the event that PETALUMA determines, in
its sole discretion, that the alleged default is susceptible to and appropriate for cure, said
notice shall specify, the: manner in which the alleged .default may be cured. If Subgrantee
does not cure a default deemed by PETALUMA to be curable as evidenced in the
termination notice, within thirty (30) days of the receipt of the notice, or commence to
cure within the'thirty (3;0) day period and thereafter diligently prosecute the cure to
completion to the satisfaction 'of PETALUMA, PETALUMA may in, its sole discretion
terminate this Agreement.. If'the Agreement is terminated, Subgrantee will be reimbursed
for work performed in accordance' with the Agreement prior to termination, provided that
PETALUMA has received Grant funds therefor and Subgrantee has not previously been
reimbursed for such costs, and PETALUMA shall have no furtherobligation to
Subgrantee under this Agreement.
I0. Indemnif cation: To the': maximum extent permitted'by law, Subgrantee shall, at its
own expense, indemnify, defend with ,counsel acceptable to,PETALUMA (which
acceptance will not be unreasonably withheld), andhold;harmless PETALUMA and its
officers, officials, employees, agents and volunteers ("Indemnitees") from and against
any and all .liability, loss, damage,,claims, suits, actions; arbitration proceedings,
regulatory proceedings, civil'"'penalties and :fines, expenses aiid costs (including, without
limitation, claims expenses; attorneys' fees and costs and fees of litigation) (collectively,
"Liability") of every nature; whether actual, alleged or threatened, arising out of or in any
. connection with the FTA Pass-Through Agreement or Subgrantee's failure to comply
with any of the terms of the Agreement, regardless of any fault or alleged fault of the
Indemnitees.
Subgrantee's obligation to indemnify, defend and hold harmless under this provision
shall. notwbc excused because of Subgrantee's inability to evaluate Liability, or because
' °Subgrantee evaluates Liability and:. determines that. Subgrantee is not 'or may not be liable.
Subgrantee must respond within thirty (30) calendar days to any tender for defense and
indemnity by :PETALUMA, unless the time for responding has been extended by an
authorized representative of PETALUMA in writing. If Subgrantee fails to accept tender
of defense and indemnity within thirty (30) calendar days, in addition to any other
remedies authorized by law, so much of the money due or that may become due to
Subgrantee under this Agreement as shall reasonably be considered necessary by
PETALUMA, may be retained by PETALUMA until disposition has been made of the
matter subject to tender, or until Subgrantee. accepts the tender, whichever occurs first. In
the event that PETALUMA must file responsive documents in a matter tendered to
Subgrantee prior to Subgrantee's acceptance of tender, Subgrantee agrees to fully
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reimburse all costs, including..but riot limited to attorneys' fees~and.costs and fees of
litigation, incurred by PETALUMA in f ling such responsive documents.
Subgrantee'waives~ any and. all rights to express or .implied indemnity against the
lndemnitees' concerning any Liability of the Subgrantee arising out of or in connection
with the FTA Pass-Through Agreement or Subgrantee's failure to comply with any of the
terms of the Agreement.
Notwithstanding the foregoing, to the extent this Agreement.is a "construction contract"
as defined by California Givil` Code- Section 2783,, as may be amended from time to time,
Subgrantee's duty to indemnify under this provision shall not apply when to do so would
be prohibited by California Civil code Section 2782,, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that Subgrantee renders design professional
services subject to California Civl.~Code Section 2782.8; as may be amended from time
to time, Subgranfee's duty to~ indemnify shall only be to the maximum extent permitted
by California Civil Code Section 2782.8.
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-~ ~ APPENDIX. C
PETAI:iJMA/F'TA GRANT AGREEMENT
View Print
US. Department of Transportation
Page l of 2
T
Federal Transit Admtnistretion
F?art 9 . ~4greePnent . _: :-.
UN ITED'. STATES.OF°AMERIGA
DEPARTMENT"OF TRANSPORTATION
FEDERA6 TRAIJSIT ADMINISTRATION
GRANTAGREEMENT
(FTA G-16, Octoberr 1,!2009)
Ortthe date the authorized US. Department of Transportation; Federal Transit Administration (FTA) official's
electronic sigriature is entered for!this Grant Agreement, FTA,has Awarded Federal assistance in support of the
.Project described below. Upon Execution ofthis Graht Agreemeht:by fhe;Grahtee named below, the Grantee
affirms this FTA Award, and ente~s`into this Grant Agreement with'FTA. The following documents are
incorporated by: reference'~ahd made part of this Graht Agreemeht
(.1) "Federal Transit AdminisVa6iih Master; Agreement," FTA iV_lA(16); October 1, 2009,
http:/lwww.tta: dotgov/documents/16-Nlester. pdf
(2) The Certificatonsand As_suran_ces applicable to the Project tiaf he Grantee has selected and provided to
FfA, and.
(3),Any Award notification contaihingspecial conditions orrequirements;,if issued.
FTA;OR THE FEDERAL`-;;GOVERNMENT MAY WITHDRAW,IjS OBLIGATION TO PROVIDE FEDERAL
ASSISTANCE IFTHE,GRANTEE DOES~NOT EXECUTE'THIS GRANTAGREEMENT WITHIN 90 DAYS
FOLLOWING THE.DATE~OFTHIS FTA AWARD SET FORTH~HEREIN.
FTA AWARD
FTA hereby=awards a FederaLgrantas follows:
ProjectNo: CA-03=1)8:13-00
.Gran ee: PETALUIVIA, CITY OF
Citation of Statute(s) AutFiorizihy Proiect: 49 USC 5309 -New Starts
' Estimated'Total Eligible Cost (in U'S Dollars $2,450,000
Maximum FTA Amount Awarded [Ihcluding All Amehdmehts)_(ih U S Dollars $1,960,000
Amountbf Tfiis FTA Award (in U:S. Dollarsj: '.$1,960,000
F
Maxiriium Percentage(s) oFFi`A Participation
° Percentages ofFederal participatoh are based on amounts included'n'theRpproved Project Budget, modified as
set forth' in the text following the Project Description:
U:S:-Department oPLabor Certificatioh of Public Transportation Employee Protective Arrangements:
+ . ~__.,___._ nrnr_~nw ra non •.,__r. _. ___._r nw.••n-r rm• n.__. . -. nv,~,..mn
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View Print Page 2 of 2
Original Project Certification Date
Proiect Description:
SMART PE BETS
The Prpject Description. includes information describing the;Project within ttie:P~oject Application submitted to
FTA, and the Approved Project Budget; modified'by any additional:statements`d'isplayed in thisGrani Agreement,
,..and, to the extent FTA concurs, statements in other documents including Attachments;entered into TEAM-Web:
Special Provision. Text;_Messaging While Driving.
In accordance with Executive Order No. 13513,Federal Leadership on Reducing'Text Messaging WhileDriving,
October 1, 2009, 23 U.S.G:A.;§ 402 note, and`-DOT Order 3902:10, Text`Messaging WhileDei;ember 30,2009,
the Grantee is encouraged to comply with, the terms ofdthe`following SpeciahProvision.
a. Definitions. As used in;this Special Provision:
(1) "Driving" means operating;a motorvehicle on a roadway, including while temporarily stationary because of
traffic, a traffic fight, stop sign, orotherwise~ "Driving"`does not include being, m youravehicle (with or without the
motor running)'in a location off tfie;roadwaq where if is safe and legal to,remaintstationary:
(2) "Text Messaging" means reading from orentering data into,any handheld or other electronic device, including
for the purpose of short message service4eztng, e-mailing, instant messaging otitaining,riavigational information,
or engaging in.any other form±of electronic data'rettieval or electronic data commiinii;ation. The;term does not
include the use of a cell phone orothe~ electronic devii;e for theiimited' purpose of entering; a telephone number
to make an outgoing call oiansweran:incoming,call, unless the practice is'prohibited`by'State`orlocal law.
b. Safe ..The Grantee is encouraged to:
(1) Adopt and enforce workplacesafety`policies to decrease crashes caused by distracted drivers including
po{icies to ban text messaging while dnving-
(a) Grantee=owned orGrantee-rented vehicles or'Govemment-owned;aeased o~~rented vehicles;
(b) Privately-owned vehicles when on' officiaPProject related:busihess or when,performingany work for or on
behalf of the Ptoject,or
(c).Any vehicle, oh or off duty,~and using an employer supplied electronic device:.
(2) Conducfwotkplace safety'initiativesin a mannercommensurate with;the>Grantee's"size such as:
(a) Establishment of;new rulesan_d,programs orre-evaluation of'existing programs to'prohibit text messaging
white driving; and
(b) Educatidn, awareness, and,otheP outreach to employees about the safety risks associated with texting while
driving..
(3) Include this Special Provision in its subagreements with its subrecipierits;and third party cpntracts and also
encourage itsaubrecipienfs, lessees; and thirdiparty-contractors to'complywith the termsof this Special
Provision, and include tFiis SpeciaLGoridition ineach sutSagreement; lease, and third party cbntract at each tier
financetl with Federal!a§sistance•provided by the Federal Government.
F:lu•//C•\T~......:~1 A ..-...,...-..-~.. 17 ~T1~..1 C~TA A nT ~ aa....L~-_~_\(~11 .f A ifT TT ~ !~_.. _• A -___.. -._. nN//~ni n
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APPENDIX D
PROPOSED BUDGET
PROJECT BUDGET
Source of Funds
Federal Grant $1,960,000
Local Match* 490,000
Total $2,450,000
*Local match funds will be provided by Subgrantee
Uses of Funds
1.498915.2
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