HomeMy WebLinkAboutResolution 2016-021 N.C.S. 02/22/2016Resolution No. 2016 -021 N.C.S.
of the City of Petaluma, California
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
CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS OF THE LCTOP
PROGRAM AND ANY AMENDMENTS THERETO
WHEREAS, the City of Petaluma is an eligible project sponsor and may receive state
funding for the Low Carbon Transit Operations Program ( 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 funds to eligible project sponsors (local agencies); and
WHEREAS, the City of Petaluma wishes to delegate authorization to execute requisite
documents and any amendments thereto to the City Manager.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma authorizes:
1. That the City as fund recipient agrees to comply with all conditions and requirements
set forth in the LCTOP Certifications and Assurances document, which is hereby
incorporated by reference as part of this resolution, and applicable statutes,
regulations and guidelines for all LCTOP funded transit projects in accordance with
the LCTOP Guidelines dated December 19, 2014.
Resolution No. 2016 -021 N.C.S. Page 1
REFERENCE:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST
2. That the Mayor of the City of Petaluma is hereby authorized and directed to execute
the LCTOP Authorized Agent Form attached herein, designating the City Manager as
the Authorized Agent of the City for purposes of the LCTOP and authorizing the
execution of all required documents of the LCTOP program and any amendments
thereto.
Under the power and authority conferred upon this Council by the Charter of said City.
I hereby certify the foregoing Resolution was introduced and adopted by the ...,,Approved'
Council of the City of Petaluma at a Regular meeting on the 22nd day of February, a form:
2016, by the following vote:
City Atto
Albertson, Barrett, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
None
None
None
City Clerk
ayor
to
Resolution No. 2016 -021 N.C.S. Page 2
Exhibit A
AS THE
Authorized Agent
City Manager
OF THE City of Petaluma
City of Petaluma
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 City must provide a
resolution approving the Authorized Agent. The City Resolution appointing
the Authorized Agent is attached.
_John C. Brown, City Manager
OR
(Name and Title of Authorized Agent)
OR
(Name and Title of Authorized Agent)
(Name and Title of Authorized Agent)
(PrintName)
(Signature)
Approved this
day of
(Title)
20
Attachment: Board Resolution approving Authorized Agent
Resolution No. 2016 -021 N.C.S. Page 3
Low Carbon Transit Operations Program (LCTOP)
Certifications and Assurances
Project Sponsor:
Agency Name:
Effective Date of this Document:
City of Petaluma
City of Petaluma
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 funds, 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
(1) The project lead certifies that required environmental documentation is complete before
requesting an allocation of LCTOP funds. 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.
Resolution No. 2016 -021 N.C.S. Page 4
(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 15th and August 15th 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 funds. 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
Resolution No. 2016 -021 N.C.S. Page 5
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 1, 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 State. Should
the project lead fail to reimburse moneys due to the State within thirty (3 0) 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.
E. Record Retention
(1) The 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 for a minimum 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
performance 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
Resolution No. 2016 -021 N.C.S. Page 6
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.
I certify all of these conditions will be met.
JOHN C. BROWN, CITY MANAGER (AUTHORIZED AGENT)
City of Petaluma
Resolution No. 2016 -021 N.C.S. Page 7