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HomeMy WebLinkAboutAgenda Report - May 17, 2023 C-12CITY OF ' 0 COO 0 zt� CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM ca 120 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Funding Documents with the California Department of Transportation for Allocation of Fiscal Year 2022/23 Low Carbon Transit Operations Program Funds MEETING DATE: May 17, 2023 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute funding documents with the California Department of Transportation for allocation of Fiscal Year 2022/23 Low Carbon Transit Operations Program funds. BACKGROUND INFORMATION: The Low Carbon Transit Operations Program (LCTOP) is one of several State funding programs that are part of the Transit, Affordable Housing, and Sustainable Communities Program established by the California Legislature in 2014. The LCTOP was created to provide operating and capital funding for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority on serving designated Disadvantaged Communities. The LCTOP is administered by California Department of Transportation in coordination with California Air Resources Board and the State Controller's Office. Funds are distributed based on prior use of State Transit Assistance funds with 50 percent to the regional agencies, in our case, San Joaquin Council of Governments (SJCOG), and the other 50 percent to local transit operators. For the Fiscal Year 2022/23 LCTOP funding cycle, the City is eligible to receive $14,991 in a direct allocation as a transit operator. In addition, SJCOG's regional allocation of $2,466,035 will be allocated among transit providers, with Lodi receiving $128,819. This provides the City with a total LCTOP allocation of $143,810. The Transit Division plans to apply for this years' allocation to continue the highly successful Free Student Fare program. This program provides public transit bus rides to K-12 students, allowing them to ride, free of charge, the Lodi GrapeLine's five (5) weekday regular routes, three (3) weekday express routes, and four (4) weekend routes. For students and their families, the program represents an economically affordable, safe, and reliable transportation option. The Lodi Free Student Fare Program initially began in August 2019, utilizing the LCTOP Fiscal Year 2018/19 and Fiscal Year 2019/20 allocations. It is presently being maintained using the LCTOP Fiscal Year 2021/22 allocation. As of April 2023, 163,577 total rides have been provided. This $143,810 Fiscal Year 2022/23 allocation will provide an additional 115,026 rides. Based on current ridership estimates, the allocation will extend the program through June 2025. In order to complete the allocation process and receive LCTOP funds, the City is required to submit several supporting documents which are required to be approved by the City Council: 1. An "Authorized Agent" form to designate the City Manager, and/or designee, as signatory on any documents associated with obtaining and managing LCTOP funds. APPROVED: Vitt 51' .>r .iier(May8.2P-- Stephen Schwabauer, City Manager Adopt Resolution Authorizing City Manager to Execute Funding Documents with the California Department of Transportation for Allocation of Fiscal Year 2022/23 Low Carbon Transit Operations Program Funds May 17, 2023 Page 2 2. The "Certification and Assurances," which contain general conditions of the LCTOP program as well as some additional cost principles and record retention requirements that are standard for other State -funded projects. 3. Project Allocation form acknowledging Lodi as the Lead Agency and SJCOG as the Contributing Sponsor of LCTOP funds. 4. A Resolution adopted by Council approving all of the submittals on behalf of the LCTOP program. FISCAL IMPACT: $143,810 in LCTOP funds will be additional revenue to offset operations. There is no matching requirement and there is no impact to the General Fund. All interest accrued for these funds must also be applied to the project. FUNDING AVAILABLE. Staff anticipates receiving $143,810 in LCTOP funds for use over the next year beginning in Fiscal Year 2023/24. Charles'E. Swim ey, Jr. Public Works Director Prepared by: Frank Huang, Assistant Transportation Planner CES/JT/FH/jb Attachments " FY 2022-2023 LCTOP Authorized Agent AS THE Click here to enter text. (Chief Executive Officer/Director/President/Secretary) OF THE Citv of Lodi (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. Stephen Schwabauer, City Manager OR (Name and Title of Authorized Agent) Charles E Swimley, Jr. OR (Name and Title of Authorized Agent) Julia T ack, Transportation Manager OR (Name and Title of Authorized Agent) N/A OR (Name and Title of Authorized Agent) Click here to enter text. (Print Name) (Signature) Click here to enter text. (Title) Approved this - Choose an item. day of Choose an item. I Click ft-arfirang' FY 2022-2023 LCTOP Certifications and Assurances Lead Agency: City of Lodi Project Title: loci -ease of Fixed Route Service on S Prepared by: Julia Tyack, Trans2ortation Manager 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). AW' FY 2022-2023 LCTOP 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. Annual Project Activity Reports October 27th each year. b. A Close Out 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. e. Jobs Reporting as defined by CARB Funding Guidelines. 2. Other Reporting Requirements: CARB develops and revises 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 determine 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 °ar FY 2022-2023 LCTOP Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 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 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 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 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 .r&&ang' FY 2022-2023 LCTOP 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 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 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. Steven Schwabauer (Print Authorized Agent) (Signature) Approved as to Form: KATIE C. LUCCHESI Deputy City Attomey City Manager (Title) (Date) RESOLUTION NO. 2023-95 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE CERTIFICATIONS AND ASSURANCES AND AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FOR THE FOLLOWING PROJECT: FREE STUDENT FARE PROGRAM WHEREAS, the City of Lodi 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 California Department of Transportation (Caltrans) as the administrative agency for the LCTOP, and Caltrans has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and WHEREAS, the City of Lodi wishes to delegate authorization to execute these documents and any amendments thereto to Stephen Schwabauer, City Manager; and WHEREAS, the City of Lodi wishes to implement the LCTOP project(s) listed above. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council 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 BE IT FURTHER RESOLVED by the Lodi City Council that Stephen Schwabauer, City Manager, be authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the submittal of the following project nomination(s) and allocation request(s) to Caltrans in FY 2022- 2023 LCTOP funds: Project Name: Free Student Fare Program Amount of LCTOP funds requested: $143,810 Project Description: The Free Student Fare Program provides safe, reliable, affordable, and environmentally green transportation options to K-12 students. Benefit to Priority Populations: The free fare program provides transit options to students living in disadvantaged communities; Lodi's public transit system is designed to serve priority populations. Contributing Sponsors: San Joaquin Council of Governments Dated: May 17, 2023 I hereby certify that Resolution No. 2023-95 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 17, 2023, by the following vote: AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and Mayor Hothi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 7// O PAMELA M. FARRIS Assistant City Clerk 2023-95