HomeMy WebLinkAboutAgenda Report - September 5, 2001 E-09AGENDA TITLE: Adopt Resolution Authorizing the City Manager and City Attorney to Execute
Certifications and Assurances for Required Federal Transit Administration Documents
MEETING DATE: September 5, 2001
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council adopt a resolution authorizing the City Manager,
H. Dixon Flynn, to Certify and Assure as the Designated Official (CAD), and
authorizing the City Attorney, Randall A. Hays, to provide Legal Certification
(CAL) to the Federal Transit Administration (FTA).
BACKGROUND INFORMATION: In order to receive funds from the FTA, the City of Lodi must certify
and assure that it will meet FTA requirements (copy attached). Each
year that the City of Lodi has applied for these funds, the City Manager
and the City Attorney have signed the "Certifications and Assurances".
However, now that the applications are submitted electronically, the City Manager and the City Attorney
need to certify and assure electronically.
FUNDING: None required.
Richard C. Prima, Jr.
Public Works Director
Prepared by Carlos Tobar, Transportation Manager
RCP/CT/Im
Attachment
cc: City Attorney
APPROVED:
H. Dixon Flynn 6ity Manager
CCAD&CALtoFTA 08/29/01
Federal Fiscal Year 2001 FTA Certifications and Assurances
Name of Applicant: City Of Lodi
Name and Relationship of Authorized Representative: H. Dixon Flynn, City Manager
BY SIGNING BELOW I, H. Dixon Flynri (name), on behalf of the Applicant, declare that the
Applicant has duly authorized me to make these certifications and assurances and bind the
Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes,
regulations, executive orders, and administrative guidance required for each application it
makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2001.
FTA intends that the certifications and assurances the Applicant selects on the other side of this
document, as representative of the certifications and assurances in Appendix A, should apply,
as required, to each project for which the Applicant seeks now, or may later, seek FTA
assistance during Federal Fiscal Year 2001. The Applicant affirms the truthfulness and
accuracy of the certifications and assurances it has made in the statements submitted herein
with this document and any other submission made to FTA, and acknowledges that the
provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., as
implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply
to any certification, assurance or submission made to FTA. The criminal fraud provisions of 18
U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the
Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certification,
assurance, or submission made in connection with any other program administered by FTA. In
signing this document, I declare under penalties of perjury that the foregoing certifications and
assurances, and any other statements made by me on behalf of the Applicant are true and
correct.
Signature: Name: H. Dixon Flynn, City Manager
(Authorized Re esentative of Appl ant)
Date: G - A9-6 /
Affirmation of Applicant's Attorney for City of Lodi
(Name of Applicant)
As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that
it has authority under state and local law to make and comply with the certifications and
assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the
certifications and assurances have been legally made and constitute legal and binding
obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge,
there is no legislation or litigation pending or imminent that might adversely affect the validity of
these certifications and assurances, or of the performance of the project.
Signature: Name: Randall A. Hays
(Applicant's Attorn y)
Date: i-M�9-0/
Each Applicant for FTA financial assistance (except 49 U.S.C. 5312(b) assistance) and each
FTA Grantee with an active capital or formula project must provide an Attorney's affirmation of
the Applicant's legal capacity. The Applicant may enter its PIN in lieu of the electronic signature
of its Attorney, provided the Applicant has on file this Affirmation of its Attorney in writing dated
this Federal fiscal year.
FTA CERTIFICATIONS -ASSURANCES FY2001
APPENDIX A
Federal Fiscal Year 2001 FTA Certifications and Assurances
Name of Applicant: City Of Lodi
The Applicant Agrees to Comply with the Applicable Requirements of the Following Categories
It Has Selected:
1.
Certifications and Assurances Required of Each Applicant
N
2
Lobbying Certification
19
3.
Certification Pertaining to Effects on Private Mass Transportation Companies
D
4.
Public Hearing Certification for a Project with Substantial Impacts
5.
Certification for the Purchase of Rolling Stock
D
6.
Bus Testing Certification
7.
Charter Service Agreement
8.
School Transportation Agreement
9.
Certification for Demand Responsive [Page 49681 Service
D
10.
Substance Abuse Certifications
11.
Certification Required for Interest and Other Financing Costs
N/A
12.
Certifications and Assurances for the Urbanized Area Formula Program,
the Job Access and Reverse Commute Program, and the Clean Fuels Formula
Program
N/A
13.
Certifications and Assurances for the Elderly and Persons with Disabilities
Program
N/A
14.
Certifications and Assurances for the Nonurbanized Area Formula Program
N/A
15. Certifications and Assurances for the State Infrastructure Bank (SIB) Program N/A
(Both sides of this Signature Page must be appropriately completed and signed where
indicated.) Federal Fiscal Year 2001 FTA Certifications and Assurances (Required of all
Applicants for FTA assistance and all FTA Grantees with an active capital or formula project).
FTA CERTIFICATIONS -ASSURANCES FY2001
RESOLUTION NO. 2001-208
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER, H. DIXON FLYNN, TO CERTIFY AND
ASSURE AS THE DESIGNATED OFFICIAL (CAD), AND
FURTHER AUTHORIZING THE CITY ATTORNEY, RANDALL A.
HAYS, TO PROVIDE LEGAL CERTIFICATION (CAL) TO THE
FEDERAL TRANSIT ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council does hereby
authorize the City Manager, H. Dixon Flynn, to Certify and Assure as the Designated
Official (CAD) on behalf of the City of Lodi that it will meet Federal Transit Administration
requirements; and
BE IT FURTHER RESOLVED, that the City Attorney, Randall A Hays, is hereby
authorized to provide Legal Certification (CAL) on behalf of the City of Lodi to the
Federal Transit Administration.
Dated: September 5, 2001
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I hereby certify that Resolution No. 2001-208 was passed and adopted by the
Lodi City Council in a regular meeting held September 5, 2001 by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Pennino and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLAC�eTON
City Clerk
2001-208