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HomeMy WebLinkAboutAgenda Report - February 21, 2018 C-11TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM aim I 1 AGENDA TITLE: Adopt Resolution Authorizing Public Works Director, or Designee, to Execute and File all Documents and Funding Agreements with the California Department of Transportation for Allocations of the California State of Good Repair Program for a $4,449 Grant; and Provide Certifications and Assurances, and Assign Public Works Director, or Designee, as the Authorized Agent for the California State of Good Repair Program MEETING DATE: February 21, 2018 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing Public Works Director, or designee, to execute and file all documents and funding agreements with the California Department of Transportation for allocations of the California State of Good Repair Program for a $4,449 grant; and provide Certifications and Assurances, and assign Public Works Director, or designee, as the authorized agent for the California State of Good Repair Program. BACKGROUND INFORMATION: Senate Bill 1, also known as the Road Repair and Accountability Act of 2017, augmented the existing State Transit Assistance program with a State of Good Repair (SGR) program funded from a portion of a new Transportation Improvement Fee on vehicle registrations effective January 1, 2018. SGR funds are distributed by formula on a population basis in the region to the San Joaquin Council of Governments (SJCOG), and on a revenue basis directly to eligible transit operators. The goal of the SGR Program is to provide funding for projects to rehabilitate and modernize local transit systems to ensure they are maintained in a state of good repair. The City of Lodi, as an eligible transit operator, will receive $4,449 in Fiscal Year 2017/18 SGR funds. Staff has identified an eligible project which proposes to install upgraded fixtures for the light poles on the top floor of the Transit Station Parking Structure. The new LED lighting fixtures will cover a larger area with brighter lighting, and will be more energy efficient with a longer useful life. In order to receive SGR funding, transit operators must comply with certain reporting requirements as identified in the funding guidelines prepared by California Department of Transportation (CalTrans) in December 2017. Specifically, the City must adopt a resolution, assign an authorized agent, and approve the Certifications and Assurances before March 1, 2018. The Certifications and Assurances document contains general conditions of the SGR program as well as reporting, cost principles, and record retention requirements that are standard for State -funded projects. The authorized agent form would assign the Public Works Director, or his designee, as the signatory on any documents associated with obtaining and managing SGR funds. The information contained in the forms is presented in the format presented by CalTrans and cannot be revised. Staff recommends authorizing Public Works Director, or designee, to execute and file all documents and funding agreements with the CalTrans for allocations of the California SGR Program; and provide Certifications and Assurances, and assign Public Works Director, or designee, as the authorized agent for the California SGR Program. APPROVED:w`� Step en Schwabaue -Crit Manager K:\TransitWgenda Reports\SGR Grant\SGR Grant Program doc 2/12/2018 Adopt Resolution Authorizing Public Works Director, or Designee, to Execute and File all Documents and Funding Agreements with the California Department of Transportation for Allocations of the California State of Good Repair Program for a $4,449 Grant; and Provide Certifications and Assurances, and Assign Public Works Director, Or Designee, as the Authorized Agent for the California State of Good Repair Program February 21, 2018 Page 2 FISCAL IMPACT: FUNDING AVAILABLE: CES/GUtdb Attachments Failure to adopt the resolution, agree to the Certifications and Assurances, and assign an authorized agent will result in the City not receiving SGR funds. The SGR revenue program will provide $4,449 for the City of Lodi. Matching funds are not required. Charles E. Swimley, Jr. Public Works Director K:\Transit\Agenda Reports\SGR Grant\SGR Grant Program.doc 2/9/2018 City of Lodi Page 1 State Transit Assistance State of Good Repair Program Recipient Certifications and Assurances Recipient: CITY OF LODI, a municipal corporation Effective Date: In order to receive State of Good Repair Program (SGR) funds from the California Department of Transportation (Department), recipients must agree to following terms and conditions: A. General (1) The recipient agrees to abide by the State of Good Repair Guidelines as may be updated from time to time. (2) The potential recipient must submit to the Department a State of Good Repair Program Project List annually, listing all projects proposed to be funded by the SGR program. The project list should include the estimated SGR share assigned to each project along with the total estimated cost of each project. (3) The recipient must submit a signed Authorized Agent form designating the representative who can submit documents on behalf of the recipient and a copy of the board resolution authorizing the agent. B. Project Administration (1) The recipient certifies that required environmental documentation will be completed prior to expending SGR funds. The recipient assures that each project approved for SGR funding comply with Public Resources Code § 21100 and § 21150. (2) The recipient certifies that SGR funds will be used for transit purposes and SGR funded projects will be completed and remain in operation for the estimated useful lives of the assets or improvements. (3) The recipient certifies that it has the legal, financial, and technical capacity to deliver the projects, including the safety and security aspects of each project. (4) The recipient certifies that there is no pending litigation, dispute, or negative audit findings related to any SGR project at the time an SGR project is submitted in the annual list. City of Lodi Page 2 (5) Recipient agrees to notify the Department immediately if litigation is filed or disputes arise after submission of the annual project list and to notify the Department of any negative audit findings related to any project using SGR funds. (6) The recipient must maintain satisfactory continuing control over the use of project equipment and/or facilities and will adequately maintain project equipment and/or facilities for the estimated useful life of each project. (7) Any and all interest the recipient earns on SGR funds must be reported to the ' Department and may only be used on approved SGR projects or returned to the Department. (8) The recipient must notify the Department of any proposed changes to an approved project list by submitting an amended project list. (9) Funds will be expended in a timely manner. C. Reporting (1) Per Public Utilities Code § 99312.1 (e) and (f), the recipient must submit the following SGR reports: a. Annual Expenditure Reports within six months of the close of the fiscal year (by December 31st) of each year. b. The annual audit required under the Transportation Development Act (TDA), to verify receipt and appropriate expenditure of SGR funds. A copy of the audit report must be submitted to the Department within six months of the close of each fiscal year in which SGR funds have been received or expended. D. Cost Principles (1) The recipient agrees to comply with Title 2 of the Code of Federal Regulations Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. (2) The recipient 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 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. City of Lodi Page 3 (3) Any project cost for which the recipient has received payment that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, are subject to repayment by the recipient to the State of California (State). Should the recipient 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 recipient 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 recipient 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 recipient, 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 recipient, its contractors and subcontractors connected with SGR 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 recipient, 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 recipient pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the recipient'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 recipient's contracts with third parties pursuant to Government Code § 8546.7, the recipient, its contractors and subcontractors and the Department 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 recipient shall furnish copies thereof if requested. City of Lodi Page 4 (3) The recipient, 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 (1) Recipient acknowledges that if a project list is not submitted timely, the recipient forfeits its apportionment for that fiscal year. (2) Recipients with delinquent expenditure reports may risk future eligibility for future SGR funding. (3) Recipient acknowledges that the Department shall have the right to perform an audit and/or request detailed project information of the recipient's SGR funded projects at the Department's discretion from SGR award through 3 years after the completion and final billing of any SGR funded project. Recipient agrees to provide any requested project information. I certify all of these conditions will be met. CITY OF LODI, a municipal corporation BY: CHARLES E. SWIMLEY, JR. Public Works Director Approved as to tone City Attorney City of Lodi Page 5 ATTACHMENT I (INSERT Agency Board Resolution approving this document) STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Division of Rail and Mass Transportation State Transit Assistance State of Good Repair Program Authorized Agent Form Authorized Agent r*.ailfrans. The following individual(s) are hereby authorized to execute for and on behalf of the named Regional Entity/Transit Operator, and to take any actions necessary for the purpose of obtaining State Transit Assistance State of Good Repair funds provided by the California Department of Transportation, Division of Rail and Mass Transportation. This form is valid at the beginning of Fiscal Year 2017-2018 until the end of the State of Good Repair Program. 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. Charles E. Swimley, Jr., Public Works Director OR (Name and Title of Authorized Agent) Lyman M. Chang, City Engineer/Deputy Public Works Director OR (Name and Title of Authorized Agent) (Name and Title of Authorized Agent) AS THE Mayor (on behalf of the City Council) (Chief Executive Officer / Director / President / Secretary) OF THE City of Lodi (Name of County/City Organization) Alan Nakanishi Mayor (Print Name) (Title) (Signature) Approved this 21st day of February, 2018 FY 17-18 SB 1 STA State of Good Repair RESOLUTION NO. 2018-23 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE PUBLIC WORKS DIRECTOR, OR DESIGNEE, TO EXECUTE AND FILE ALL DOCUMENTS AND FUNDING AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR ALLOCATIONS OF THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM; AND TO PROVIDE CERTIFICATIONS AND ASSURANCES AND ASSIGN THE PUBLIC WORKS DIRECTOR, OR DESIGNEE, AS THE AUTHORIZED AGENT FOR THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM WHEREAS, on April 28, 2017, Governor Jerry Brown signed Senate Bill (SB) 1 (Chapter 5, Statutes of 2017), known as the Road Repair and Accountability Act of 2017; and WHEREAS, a portion of SB 1 provides approximately $105 million annually to transit operators in California for eligible transit maintenance, rehabilitation and capital projects for the State of Good Repair (SGR) Program; and WHEREAS, the SGR funds will be allocated under the State Transit Assistance (STA) Program formula to eligible agencies; and WHEREAS, the California Department of Transportation (Caltrans), in collaboration with the State Controller's Office, is tasked with managing and administering the SGR Program and has developed guidelines for distributing SGR funds to eligible local agencies; and WHEREAS, the City of Lodi is an eligible local agency and may receive State Transit Assistance funding from the State of Good Repair Account 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, the City of Lodi wishes to delegate authorization to execute SGR documents, reports, and any amendments thereto, to the Public Works Director, or designee. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council agrees that as a fund recipient, the City of Lodi agrees to comply with all conditions and requirements set forth in the Certification and Assurances document and applicable statutes, regulations and guidelines for all SGR-funded transit projects; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the Public Works Director, or designee, to execute all required documents of the SGR Program and any Amendments thereto with the California Department of Transportation. Dated: February 21, 2018 I hereby certify that Resolution No. 2018-23 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 21, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN COUNCIL MEMBERS — None (JE NIFER . FERRAIOLO ity Clerk 2018-23