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HomeMy WebLinkAboutStaff Report 3.B 03/18/2019DATE TO: FROM Agenda Item #3.B March 18, 2019 Honorable Mayor and Members of the City Council through City Manager Dan St. John, F.ASCE — Director, Public Works and Utilities Jared Hall — Transit Manager, Public Works and Utilities SUBJECT: Recommendation for City Council to Approve a Resolution Authorizing the Submission of an Application for the Low Carbon Transit Operations Program and the Execution of the Certifications and Assurances and Authorized Agent Forins for the following project: Purchase One Replacement Zero -Emission Bus. RECOMMENDATION It is recommended that the City Council adopt a Resolution Authorizing Submittal of Low Carbon Transit Operations Program (LCTOP) Grant Application for $130,819 towards purchase of a zero -emission bus and Designating the City Manager as the Authorized Agent to Submit and Accept Funding on Behalf of the City of Petaluma. BACKGROUND The 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 with Senate Bill 862. SB 862 established LCTOP as a non-competitive, formula -based program, with 5% of annual cap -and -trade auction proceeds being continually appropriated since 2015. LCTOP funds are distributed based on prior use of State Transit Assistance (STA) funds with 50% of funding designated to regional entities and the other 50% for transit operators. LCTOP was created to provide operating and capital assistance to transit agencies with the goal of reducing greenhouse gas emissions and improving mobility with an emphasis on serving Disadvantaged Communities. The program is administered by Caltrans in coordination with the California Air Resources Board (CARB) and the State Controller's Office. DISCUSSION For the FY 18/19 allocation, Petaluma is programmed to receive a total of $130,819, up from $87,195 the prior year, due to increased revenue through statewide Cap and Trade auctions. This amount is based upon a combination of the revenue generated by Petaluma Transit and City population for FYI 8. All regional entities and transit operators expecting to receive LCTOP funds are required to submit both the Authorized Agent and Certifications and Assurances documents to the department annually prior to receiving funding. The Certifications and Assurances must be accompanied by a governing board resolution. For FY 19/20, these documents should be submitted no later than March 28, 2019. Eligible agencies who do not submit the Authorized Agent form, Certifications and Assurances document, and project list could risk losing their apportionment for that specific fiscal year to another operator within the region. LCTOP funds are to be expended by transit agencies on operating or capital projects that reduce greenhouse gas emissions and improve mobility, with a priority on serving disadvantaged communities, and fulfill any of the following goals: 1. Expenditures that directly enhance or expand transit service by supporting new or expanded bus or rail services, new or expanded water -borne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, maintenance, and other costs to operate those services or facilities. 2. Operational expenditures that increase transit anode share. 3. Expenditures related to the purchase of zero -emission buses, including electric buses, and the installation of the necessary equipment and infrastructure to operate and support zero - emission buses. Of the three criteria, option three best meet the current needs of Petaluma Transit while simultaneously maintaining funding flexibility through other sources, including STA and TDA to go towards operational needs Funding provided through the LCTOP grant will be set aside to serve as matching funds towards replacement of an existing fixed route bus in FY 20/21. The new bus will be funded through FTA 5307 funds (82%), with the local match (18%) made up of LCTOP. Using these funds towards the purchase of the new bus will enable Petaluma Transit to meet the LCTOP program goal of reducing greenhouse gas emissions, while preserving TDA reserve funds for general operating use. The bus being replaced, having reached the end of its useful life, will be auctioned off for sale. On December 14, 2018, the California Air Resources Board approved the Innovative Clean Transit Regulation, which requires California transit agencies to gradually transition their buses to zero -emission technology. In line with this policy, Petaluma Transit intends to purchase a Zero -Emission Bus in FY20/21 to replace an outgoing diesel bus. Additional City Council action will be required at the time of acquisition. The proposed action meets Council Goals: "Improve and Enhance Fiscal Stability and Sustainability." NEVIN PER N 104 1 6A The FY 18/19 LCTOP allocation represents $130,819 in capital funding for FY 20/21, which will permit the City to replace a bus that has reached the end of its useful life, without using TDA funds. I ATTACHMENTS 1. Resolution 2. Certifications & Assurances 3. Authorized Agent Form Attachment 1 RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) AND THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES WHEREAS, the City of Petaluma is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) 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) as the administrative agency for the LCTOP; and WHEREAS, the Department has developed guidelines for administering and distributing LCTOP funds to eligible project sponsors (local agencies); and WHEREAS, the City of Petaluma wishes to delegate authorization to execute these documents and any amendments thereto to the City Manager; and WHEREAS, the City of Petaluma wishes to implement the following LCTOP project(s) listed below, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma that the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations, and guidelines for all LCTOP funded transit projects; and NOW THEREFORE, BE IT FURTHER RESOLVED that Peggy Flynn, City Manager, be authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma that it hereby authorizes the submittal of the following project nomination(s) and allocation request(s) to the Department in FY 2018-19 LCTOP funds: Project Name: Purchase One Zero -Emission Replacement Bus Amount of LCTOP funds requested: $130,819 Short description of'project: This project will replace a diesel bus, which will have reached the end of its useful life, with a zero -emission bus in FY 20/21. Benefit to a Prioritv Populations: N/A Contributing Sponsors (if applicable): Metropolitan Transportation Commission 11 Attachment 2 F FY 2018-2019 LCTOP Certifications and Assurances Lead Agency: p....,, . Project Title: Prepared by: lip The California Department of Transportation (Caltrans) has adopted the following Certifications and Assurances for the Low Carbon Transit Operations Program (LCTOP). As a condition of the receipt of LCTOP funds, Lead Agency must comply with these terms and conditions. A. General The Lead Agency agrees to abide by the current LCTOP Guidelines and applicable legal requirements. 2. The Lead Agency must submit to Caltrans 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 Lead Agency certifies that required environmental documentation is complete before requesting an allocation of LCTOP funds. The Lead Agency assures that projects approved for LCTOP funding comply with Public Resources Code § 21100 and § 21150. 2. The Lead Agency certifies that a dedicated bank account for LCTOP funds only will be established within 30 days of receipt of LCTOP funds. 3. The Lead Agency 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. 4. The Lead Agency certifies that it has the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of that project. 5. The Lead Agency certifies that they will notify Caltrans of pending litigation, dispute, or negative audit findings related to the project, before receiving an allocation of funds. 6. The Lead Agency 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. 7. Any interest the Lead Agency earns on LCTOP funds must be used only on approved LCTOP projects. 8. The Lead Agency must notify Caltrans of any changes to the approved project with a Corrective Action Plan (CAP). F FY 2018-2019 LCTOP Certifications and Assurances 9. Under extraordinary circumstances, a Lead Agency may terminate a project prior to completion. In the event the Lead Agency terminates a project prior to completion, the Lead Agency must (1) contact Caltrans 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. C. Reporting 1. The Lead Agency must submit the following LCTOP reports: a. Semi -Annual Progress Reports by May 15th and November 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 Caltrans within six months of the close of the year (December 31) each year in which LCTOP funds have been received or expended. d. Project Outcome Reporting as defined by CARB Funding Guidelines. 2. Other Reporting Requirements: CARB 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 CARB's Funding Guidelines, including reporting on greenhouse gas reductions and benefits to disadvantaged communities. D. Cost Principles 1. The Lead Agency agrees to comply with Title 2 of the Code of Federal Regulations 225 (2 CFR 225), Cost Principles for State and Local Government, and 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 2. The Lead Agency 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 detennine the allow ability of individual project cost items and b. Those parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, 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 F FY 2018-2019 LCTOP Certifications and Assurances Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3. Any project cost for which the Lead Agency has received funds that are determined by subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter 1, Part 31 or 2 CFR, Part 200, are subject to repayment by the Lead Agency 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 Lead Agency to the State. Should the Lead Agency 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 Lead Agency from the State or any third -party source, including but not limited to, the State Treasurer and the State Controller. A. Record Retention 1. The Lead Agency 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 Lead Agency, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP) and enable the determination of incurred costs at interim points of completion. All accounting records and other supporting papers of the Lead Agency, its contractors and subcontractors connected with LCTOP funding shall be maintained for a minimum of three (3) years after the "Project Closeout" report or final Phase 2 report is submitted (per ARB Funding Guidelines, Vol. 3, page 3.A-16), 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 Lead Agency, 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 Lead Agency pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the Lead Agency'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 F FY 2018-2019 LCTOP of the Lead Agency'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 snake 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 Lead Agency shall furnish copies thereof if requested. 3. The Lead Agency, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forins, 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 Caltrans may perform an audit and/or request detailed project information of the project sponsor's LCTOP funded projects at Caltrans' discretion at any time prior to the completion of the LCTOP. I certify all of these conditions will be met. Peggy Flynn (Print Authorised Agent) City Manager (Title) (Signature) (Date) F FY 2018-2019 LCTOP Allocation Lead Agency: n Protect Title: p.o Regional Entity County: o,k Lead ALFenev: I certify the scope, cost, schedule, and benefits as identified in the attached Allocation Request (Request) and attachments are true and accurate and demonstrate a fully funded operable project. I understand the Request is subject to any additional restrictions, limitations or conditions that may be enacted by the State Legislature, including the State's budgetary process and/or auction receipts. In the event the project cannot be completed as originally scoped, scheduled and estimated, or the project is terminated prior to completion, Lead Agency shall, at its own expense, ensure that the project is in a safe and operable condition for the public. I understand this project will be monitored by the California Department of Transportation - Division of Rail and Mass Transportation. Authorized Agent: Peggy Flynn Title: City Manager Lead Agency: City of Petaluma Signature: PUC Funds Type: 99313 $ , e.o° uu .pn,, .:. . PUC Funds Type: 99314 $ 8,674 Contributing Sl)onsor(s): The contributing sponsor is an entity that passes funds to the Lead Agency to support a project. The contributing sponsor could be the regional entity (PUC 99313) passing their funds to a recipient agency within their region or a recipient agency (PUC 99314) passing their funds through to either a regional entity or a recipient agency within their region. The contributing sponsor(s) must also sign and state the amount and type of LCTOP funds (PUC Sections 99313 and 99314) they are contributing the project. Sign below or attach a separate officially signed letter providing that information. If there is more than one contributing sponsor, please submit additional page, or a letter from the additional Contributing Sponsors. Authorized Agent: Alix Bockelmann Title: Deputy Executive Director, Policy Lead Agency: Metropolitan Transportation Commission Signature: MTC will provide signed letter to Caltrans PUC Funds Type: 99313 $ 122,145 PUC Funds Type: 99314 $ Attachment 3 Authorized Agent AS THE City Manager (Chief Executive Officer/Director/President/Secretary) OF THE City of Petaluma (Name of County/City/Transit Organization) 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. I understand that 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. Peggy Flynn, City Manager (Name and Title ol'Authorifed Agent) Dan St. John, Public Works Director (Name and Title of Authorized Agent) Jared Hall, Transit Division Manager (Name and Title ofAuthorifed Agent) (Name and Title ofAuthorifed Agent) Peggy Flynn (Print Name) (Signature) City Manager (Title) o RM No Approved this clan, v