HomeMy WebLinkAboutItem 6d. Execute Agreement with SLOCOG for Senate Bill (SB) 1215 Grant Funds Item 6d
Department: Public Works
Cost Center: 5201
For Agenda of: 1/14/2025
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Alex Fuchs, Mobility Services Business Manager
SUBJECT: EXECUTE AN AGREEMENT WITH SLOCOG FOR SENATE BILL (SB) 125
GRANT FUNDS AND APPROPRIATE FUNDS TO ASSOCIATED
CAPITAL PROJECTS
RECOMMENDATION
1. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San
Luis Obispo, California, authorizing the Mayor to execute a cooperative agreement
with San Luis Obispo Council of Governments for Senate Bill 125 Funds and the
appropriation of funds to associated capital projects”.
2. Authorize the Finance Director to Appropriate $395,000 of SB 125 Grant Funds to
Project No. 2000403 to support Battery Electric Bus Charging Infrastructure.
3. Authorize the Finance Director to Appropriate $280,000 of SB 125 Grant Funds to
Project No. 2000505 to support the purchase of six Battery Electric Buses.
4. Authorize the Finance Director to return to Fund Balance $278,521 of Transit Funds
currently assigned to Project No. 2000505 to be available to support future Capital or
Operational expenses as directed by Council.
POLICY CONTEXT
The Transit Services Program within the Mobility Services Division of the Public Works
Department oversees operation of SLO Transit, the City’s local public transit system.
Transit is one of four enterprise funds within the City and generate s revenue to cover
costs. The City’s Transit Fund relies on federal and state grant opportunities to fund both
operating and capital costs of services. Senate Bill (SB) 125 administers two grant
programs that provide funding for transit capital projects. Staff submitted requests and
funding was approved for four existing capital projects1.
Financial Management Manual Policy 740 requires that the City Council approve grant
applications greater than or equal to $5,000. However, due to the often limited time given
to apply for grants and the Transit program’s heavy reliance on grants to fund operations
1 Project No. 2000505 – 6 Battery Electric Buses, Project No. 2000403 – Battery Electric Charging
Infrastructure, Project No. 2000404 – Auto Vehicle Locator System Replacement, Project No. 200401 –
On-bus Security Camera System Replacement.
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Item 6d
and capital projects, in 2022 City Council adopted Resolution No. 113302 authorizing the
Public Works Director to apply for future transit related funding opportunities and to
execute related documents on behalf of the City.
The projects are consistent with the City’s adopted 2023-25 Financial Plan Major City
Goal for Climate Action, Open Space, & Sustainable Transportation , the City’s Climate
Action Plan, SLO Transit’s Zero-Emission Rollout Plan, and the recommendations in SLO
Transit’s Transit Innovation Study.
Staff recommends adopting a draft Resolution, Attachment A, authorizing the Mayor to
execute a cooperative agreement with SLOCOG for SB 125 funds and to appropriate said
funds to the associated capital projects.
DISCUSSION
Background
In 2014, the State of California’s Legislature passed Senate Bill (SB) 862 which created
the Transit and Intercity Rail Capital Program (TIRCP). The purpose of TIRCP is to fund
transformative capital improvements that will modernize California’s rail, bus, and ferry
systems to significantly reduce emissions of greenhouse gases, vehicle miles traveled,
and congestion.
Assembly Bill (AB) 102 and SB 125 amended the Budget Act of 2023 to provide funds for
TIRCP as well as provide funds to establish the Zero-Emission Transit Capital Program
(ZETCP). ZETCP was created to support the purchase of zero emission buses and
associated charging infrastructure and facility improvements. SB 125 also created
specific categories as to how funds are distributed to Regional Transportation Planning
Agencies (RTPA) using a population-based formula. San Luis Obispo Council of
Governments (SLOCOG) is the Regional Transportation Planning Agency (RTPA) for
San Luis Obispo County.
In October 2023, SLOCOG staff released a call for projects to all eligible agencies (the
Cities of Atascadero, Morro Bay, and San Luis Obispo as well as SLOCOG and the
Regional Transit Authority). City staff submitted four project requests for funding. Table 1
lists the projects, funding requested, and associated Capital Improvement Plan (CIP)
project information. In total, staff requested $1.55 million for (1) funding for battery electric
buses, (2) charging infrastructure, (3) on-bus camera system replacement, and (4) auto
vehicle locator system replacement. In December 2023, SLOCOG’s board approved all
requested project funding submitted by the City. Attachment B is a copy of the SLOCOG
staff report approving the requested projects funding.
2 R-11330 (2022 Series) Authorizing the Director of Public Works to apply for future funding opportunities
that benefit the City’s Transit Program
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Item 6d
Table 1 – SB 125 Funding by Project
CIP
Project No. Project Name Funding
Amount
2000404 Auto Vehicle Locator System
Replacement $ 130,000
2000403 Battery Electric Charging
Infrastructure $ 395,000
2000401 On-bus Security Camera
System Replacement $ 750,000
2000505 6 Battery Electric Buses $ 280,000
Total $ 1,555,000
Cooperative Agreement
SB 125 authorizes RTPAs to request use and disbursement of TIRCP and ZETCP
funding for transit capital projects. As a condition of ongoing disbursements of requested
funds, RTPAs must submit to the California State Transportation Agency (CalSTA)
reports documenting activities and progress toward project implementation . Execution of
a cooperative agreement between SLOCOG and the City is necessary to ensure project
activities and disbursements occur timely and in accordance with SB 125 requirements.
Attachment C is a final draft of the SB 125 cooperative agreement between the City and
SLOCOG.
Appropriation of Funds to Associated Capital Projects
Included in staff’s recommendations are two requested appropriations of funds to support
expenditures of these grants and returning obligated funds from a project to fund balance
to support future transit needs.
Specifically, staff is request that Council authorize the Finance Director to appropriate
$395,000 of SB 125 Grant Funds to Project No. 2000403 for battery electric charging
infrastructure and $280,000 to Project No. 2000505 to support the purchase of six battery
electric buses. This action will preserve $278,521 of Transit Funds that can be returned
to Fund Balance and doing so will preserve Transit Fund dollars and prioritizes use of
grant funds for capital projects. Specific project funding can be found in the Fiscal Impact
Section of this report.
SB 125 dollars for Project No. 2000401 (On-bus Security Camera System Replacement)
and Project No. 2000404 (Auto Vehicle Locator System Replacement) were approved
with the adoption of the FY 2024-25 Supplemental Budget. Grantors, like SLOCOG,
typically require projects associated with funding requests to be identified in the
respective agency’s capital improvement plan. These two projects were not included the
City’s Capital Improvement Plan (CIP) at the time the funding requests were submitted,
so staff committed to adding these projects as part of the Supplemental budget adoption.
Previous Council Action
1. June 4, 2024 – Council adopted the FY 2024-25 Supplemental Budget including
updates to the Capital Improvement Plan (CIP).
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Item 6d
2. March 5, 2024 – Council adopted SLO Transit’s Zero-Emission Rollout Plan as
required by California’s Air Resources Board.
3. January 23, 2024 – Council received and filed Transit Innovation Study and directed
staff to finalize the report and begin implementation.
4. June 6, 2023 – Council adopted the 2023-25 Financial Plan and FY 2023-24 Budget
which includes the Climate Action, Open Space, and Sustainable Transportation
Major City Goal.
Public Engagement
This is an administrative item, so no outside public engagement was completed. Public
comment can be provided to the City Council through written correspondence prior to the
meeting and through public testimony at the meeting.
CONCURRENCE
SLOCOG staff concurs with the recommended action in this report. The City Attorney’s
office has reviewed and approves the form of the cooperative agreement.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended
actions in this report, because the action does not constitute a “Project” under CEQA
Guidelines Section 15378. Capital projects funded by the Senate Bill (SB) 125 grant funds
must comply with state and local laws including environmental review or finding of
exemption.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2024-25
Funding Identified: Yes
Fiscal Analysis:
Appropriation and use of SB 125 Grant Funds has a positive impact on the Transit Fund
allowing for four separate Capital Improvement Plan projects to move forward and
preserves $278,521 in previously appropriated Transit Fund dollars for use on future
Transit Fund needs.
Project No. 2000403 (Battery Electric Bus Charging Infrastructure)
LCTOP Grant SB 125 Grant Total Project
Budget
Current Fund
Amount $ 304,300 $ 0 $ 304,300
Proposed
Transfers $ 0 $ 395,000
Post Transfer
Amount $ 304,300 $ 395,000 $ 699,300
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Item 6d
The recommended action in this report appropriates $395,000 in SB 125 funds to Project
No. 2000403 for the purchase and installation of battery electric charging infrastructure.
Doing so, increases the available project budget to $699,300.
Project No. 2000505 (6 Battery Electric Buses)
FTA
5339(b)
Grant
FTA 5307
Grant TDA Funds Transit
Fund
SB 125
Grant
Total
Project
Budget
Current
Fund
Amount
$ 4,799,978 $ 506,296 $ 1,326,569 $ 693,203 $ 0 $ 7,326,046
Proposed
Transfers $ 0 $ 0 $ 0 $ (278,521) $ 280,000
Post
Transfer
Amount
$ 4,799,978 $ 506,296 $ 1,326,569 $ 414,682 $ 280,000 $ 7,327,525
The recommended action in this report also appropriates $280,000 in SB 125 funds to
Project No. 2000505 for the purchase of battery electric buses which will replace
$278,521 in previously appropriated Transit Fund dollars. Doing so, preserves Transit
Fund working capital and prioritizes use of grant funds for capital projects.
ALTERNATIVES
1. Council could decide not to approve executing a cooperative agreement with
SLOCOG. This action is not recommended by staff because SB 125 funds
awarded to the City for these capital projects will be unavailable for reimbursement.
2. Council could decide not to adopt the Draft Resolution appropriating SB 125
funds to the associated capital projects. This action is not recommended by
staff because these projects further the City’s climate action goals, help meet the
state of California’s zero-emission mandates for transit agencies, and implements
recommendations of the Transit Innovation Study.
ATTACHMENTS
A - Draft Resolution authorizing execution of a cooperative agreement and appropriating
funds to associated capital project funds
B - December 6, 2023, SLOCOG Staff Report Item E-2
C - SB 125 Cooperative Agreement Final Draft
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R ______
RESOLUTION NO. _____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A
COOPERATIVE AGREEMENT WITH SAN LUIS OBISPO COUNCIL OF
GOVERNMENTS FOR SENATE BILL 125 FUNDS AND THE
APPROPRIATION OF FUNDS TO ASSOCIATED CAPITAL PROJECTS
WHEREAS, In 2014, the State of California’s Legislature passed Senate Bill (SB)
862 which created the Transit and Intercity Rail Capital Program (TIRCP); and
WHEREAS, Assembly Bill (AB) 102 and Senate Bill (SB) 125 amended the Budget
Act of 2023 to appropriate funds for TIRCP as well as appropriated funds to establish the
Zero-Emission Transit Capital Program (ZETCP); and
WHEREAS, SB 125 also created specific categories as to how funds are
distributed to Regional Transportation Planning Agencies (RTPA) using a population -
based formula; and
WHEREAS, San Luis Obispo Council of Governments (SLOCOG) is the Regional
Transportation Planning Agency (RTPA) for San Luis Obispo County; and
WHEREAS, In October 2023, SLOCOG released a request for projects to all
eligible agencies which includes the City for TIRCP and ZETCP fund programming; and
WHEREAS, In November 2023, the City submitted funding requests for four capital
projects: battery electric bus charging infrastructure, auto vehicle locator system
replacement, on-bus security camera system replacement, and gap funding for six battery
electric buses; and
WHEREAS, On December 6, 2023, SLOCOG’s board approved all requested
project funding submitted by the City; and
WHEREAS, As a condition of ongoing disbursements of requested funds, RTPAs
must submit to the California State Transportation Agency (CalSTA) reports documenting
activities and progress toward project implementation ; and
WHEREAS, A cooperative agreement between SLOCOG and the City is
necessary to ensure project activities and disbursements occur timely and in accordance
with SB 125 requirements; and
WHEREAS, SB 125 funds awarded to the City must be appropriated to the
associated Capital Improvement Plan (CIP) projects in alignment with the City’s budgeting
and financial planning processes.
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Resolution No. _____ (2025 Series) Page 2
R ______
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo does hereby authorize the execution of a cooperative agreement between
SLOCOG and the City and appropriation of funds to associated capital projects as follows :
SECTION 1. Environmental Review. The California Environmental Quality Act
(CEQA) does not apply to the recommended action in this report, because the action does
not constitute a “Project” under CEQA Guidelines Section 15378. Capital projects funded
by the Senate Bill (SB) 125 grant funds must comply with state and local laws including
environmental review or finding of exemption.
SECTION 2. Approval. The City Council of the City of San Luis Obispo does
hereby:
1. Authorize the Mayor to execute a cooperative agreement with SLOCOG for
SB 125 funds; and
2. Appropriate $395,000 in SB 125 funds to Project No. 2000403; and
3. Appropriate $280,000 in SB 125 funds to Project No. 2000505; and
4. Return $278,521 in Transit Fund dollars from Project No. 2000505 to
undesignated fund balance.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 14th day of January 2025.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
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Resolution No. _____ (2025 Series) Page 3
R ______
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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E-2-1
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
STAFF REPORT
MEETING DATE: December 6, 2023 ITEM: E-2
SUBJECT: Transit and Intercity Rail Capital Program and Zero Emission Transit
Capital Program Project Allocation Requests
STAFF CONTACT: Stephen Hanamaikai
SUMMARY
SLOCOG will receive over $33 million from the Transit and Intercity Rail Capital Program (TIRCP) and Zero
Emission Transit Capital Program (ZETCP) for programming over the next four fiscal years. In October, the
Board directed staff to prepare a draft funding plan to allocate these funds. Staff released a request for
project Statements of Interest on October 19th to all agencies eligible to receive funding, including: the Cities
of Atascadero, Morro Bay, and San Luis Obispo, SLOCOG, and the RTA (including Paso Express and South
County Transit). 23 projects were submitted requesting over $41 million, which exceeds available funding
by approximately $8.5 million. Table 1 summarizes the available funding and funding requests by agency. A
maximum of 1% of the total multi-year funding may be used for program administration:
Table 1: Total Funding & Funding Requests by Agency
Available Funding 23/24 24/25 25/26 26/27
TIRCP $ 14,486,636 $ 14,522,455 $ - $ -
ZETCP $ 1,569,547 $ 880,477 $ 880,477 $ 880,477
Annual Total $ 16,056,183 $ 15,402,932 $ 880,477 $ 880,477
Funding Requests 23/24 24/25 25/26 26/27
SLO RTA $ 13,388,000 $ 13,373,000 $ 1,100,000 $ 1,200,000
Paso Express $ - $ - $ - $ -
South County Transit $ - $ - $ - $ -
Atascadero $ - $ - $ - $ -
MB $ 124,000 $ 800,000
SLO $ 280,000 $ 1,275,000 $ - $ -
SLOCOG $ 5,922,000 $ 3,922,000 $ - $ -
Program Administration $ 160,562 $ 154,029 $ 8,805 $ 8,805
Annual Total $ 19,874,562 $ 18,724,029 $ 1,908,805 $ 1,208,805
Annual Shortfalls $ (3,818,379) $ (3,321,097) $ (1,028,328) $ (328,328)
SLOCOG, San Luis Obispo Air Pollution Control District (SLOAPCD), and Caltrans District 5 staff reviewed
and ranked the projects based on how well each project aligned with the objectives of the TIRCP and ZETCP
to:
• Reduce greenhouse gas emissions,
• Increase transit ridership; and,
• Provide direct, meaningful, and assured benefits to low-income and disadvantaged communities.
The project rankings and proposed funding recommendations are summarized in Table 3 below and the full
scoring detail is found in Table 4 at this link. To maximize the use of TIRCP and ZETCP funding, staff
recommends utilizing already programmed and future unprogrammed federal transit funds to reduce the
overall TIRCP and ZETCP request and funding all project funding requests. TIRCP, ZETCP, and future
unprogrammed federal transit funds with be amended into SLOCOG’s Federal Transportation Improvement
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E-2-2
Program (FTIP) at a later date.
RECOMMENDATION:
Staff: Submit allocation package for $33.2 million and authorize the Executive Director to adjust allocations
as needed and to return to the Board for endorsement.
SSTAC:
TTAC:
CTAC:
BACKGROUND
The TIRCP was created to fund transformative capital improvement that modernize the state’s transit
systems to achieve specific policy objectives:
- Reduce emissions of greenhouse gases;
- Expand and improve transit service to increase ridership;
- Integrate the various rail services throughout the state, including high-speed rail, and;
- Improve transit safety
The ZETCP was created to support the purchase of zero emission buses and associated charging
infrastructure and facility modifications. Zero Emission Mobility Programs, such as bike and car share
programs, are also eligible for funding through the ZETCP. Previous legislation established a goal to provide
at least 25 percent of available funding through the ZETCP and TIRCP to projects that provide direct,
meaningful, and assured benefit to disadvantaged communities, low-income communities, and low-income
households. Taken as a whole, the increases in transit system ridership, as well as the reduction in vehicle
miles traveled, congestion, and greenhouse gas emissions, will help deliver a healthier and safer
transportation system.
SB 125 (2023) specifies that funding can be distributed by RTPA for either high-priority capital projects or
for transit operating expenses for operators in their jurisdictions experiencing financial hardship to address
the transit operational deficits due to ridership loss impacts lingering from the COVID-19 pandemic. To
address this provision, staff requested estimated transit operating costs and fare revenues from all eligible
funding recipients to determine if transit agencies will experience operational deficits in fiscal years 2023/24
through 2026/27. Based on the financial information submitted by the transit operators no operational funding
deficits are expected and no transit operating projects are proposed at this time. Table 2 on the following
page shows the estimated annual operating expenses, fare revenues, and state and federal transit funding
expected for fiscal years 23/24 through 26/27.
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E-2-3
Table 2: Estimated Operating Expenses and Available Operating Revenue Sources
Operating Expenses 23/24 24/25 25/26 26/27
RTA $ 12,001,090 $ 12,692,010 $ 13,422,710 $ 14,195,480
South County Transit $ 2,329,130 $ 2,458,440 $ 2,594,930 $ 2,739,000
Paso Express $ 1,200,710 $ 1,266,180 $ 1,335,220 $ 1,408,020
Morro Bay $ 322,271 $ 358,427 $ 386,443 $ 416,669
Atascadero $ 711,170 $ 650,590 $ 702,637 $ 758,848
SLO $ 5,230,870 $ 5,339,795 $ 5,446,591 $ 5,555,523
Fare Revenues
RTA $ 681,720 $ 715,810 $ 751,600 $ 789,180
South County Transit $ 123,120 $ 129,390 $ 135,980 $ 142,910
Paso Express $ 139,530 $ 146,510 $ 153,840 $ 161,540
Morro Bay $ 24,000 $ 26,000 $ 28,000 $ 30,000
**Atascadero $ - $ - $ - $ -
SLO $ 990,000 $ 1,000,000 $ 1,032,500 $ 1,055,675
State/Federal Funds
*Federal $ 11,021,128 $ 5,681,275 $ 5,828,787 $ 5,640,049
State $ 22,154,603 $ 22,800,163 $ 23,465,090 $ 24,149,964
*Includes $5.45 million unobligated funds and limits operating funds to 50%
** Atascadero fare revenues not provided
State & Federal Transit Funds $ 120,741,058
Fare Revenues $ 8,257,305
Operating Expenses $ 93,522,754
Balance $ 35,475,609
DISCUSSION
The allocation package programs $32.6 million of the $33.1 million available over 23/24 through 26/27,
leaving an unprogrammed balance of $135k. Brief descriptions of the projects are provided below. A
summary of the funding recommendation are provided below in Table 3, and the full list of recommended
projects and project scores can be found in Table 4 linked here. Greenhouse gas emission reductions and
jobs benefit calculations must be produced in coordination with the funding recipients and included in the
allocation package due to CalSTA on December 31, 2023 in order to receive timely allocation of FY 23/24
funds.
RTA
The majority of the RTA’s funding requests are for zero emission vehicles, charging infrastructure, and
related planning and project development costs. RTA requested over $29 million in TIRCP and ZETCP
funding. It would be unequitable to program this level of funding to any one agency and SLOCOG will work
with RTA to supplement the funding request with state and federal transit funds. Conditional approval of the
proposed bus purchases pending approval of the on-going short range transit plan update is recommended.
SLO Transit
Only $1.5 million is requested by the City of San Luis Obispo for electric buses, charging infrastructure and
on-board security and bus location systems. Additional time for the city to seek council approval of electric
vehicle procurements and service expansions is needed and SLOCOG will work with the city and other
operators to revise the allocation package as such projects are approved.
Morro Bay Transit
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The City of Morro Bay is in the early stages of transitioning their fleet to zero emission buses. SLOCOG
recommends approving the full funding request of $924k for the planning costs associated with the future
fleet transition and the construction/installation of the necessary charging infrastructure.
SLOCOG
SLOCOG requested $12.2 million for rail capital projects and project development, and for regionwide
implementation of contactless fare payment systems on all fixed route buses. SLOCOG will apply $9.6 million
in TIRCP formula funds as match funding for a TIRCP competitive grant of $40 million. If the grant is
unsuccessful, SLOCOG will revise the allocation package to fund a sub-set of projects or project
development costs.
South County Transit (SCT), Paso Express, and City of Atascadero
No projects specific to SCT, Paso Express, or the City of Atascadero were submitted. SLOCOG will allow
opportunities to amend the allocation request to include projects for these agencies in the future.
Table 3- Funding Recommendation Summary
23/24 24/25 25/26 26/27 Total Funding Recommended
RTA $ 9,268,000 $7,752,750 $ 843,000 $17,863,750
SLO $675,000 $880,000 $1,555,000
MB $124,000 $800,000 $924,000
SLOCOG $ 5,762,000 $6,533,000 $12,295,000
Total Programming $32,637,750
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SLOCOG SB 125 Subrecipient Cooperative Agreement page 1
San Luis Obispo Council of Governments
Agreement No. SLO-SB 125-01
TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM (TIRCP) AND
ZERO-EMISSION TRANSIT CAPITAL PROGRAM (ZETCP)
SUBRECIPIENT COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON THE DATE BELOW STATED is between the San Luis Obispo
Council of Governments, referred to herein as "SLOCOG", and the CITY OF SAN LUIS OBISPO
a municipal corporation, referred to herein as the “CITY”.
RECITALS
WHEREAS, Senate Bill (SB) 862 (2014) created the TIRCP to provide grants from the Greenhouse Gas
Reduction Fund (GGRF) and authorized the California State Transportation Agency (CalSTA) to administer
the program; and,
WHEREAS, SB 1 (2017) directs funds to the TIRCP from the Public Transportation Account (PTA); and,
WHEREAS, Assembly Bill 102 (2023) and SB 125 (2023) amended the Budget Act of 2023 to appropriate
funding from the state’s General Fund, GGRF, and PTA to the TIRCP and ZETCP, which shall be distributed
to pursuant to a population based formula to regional transportation planning agencies (RTPA) as defined
in Section 13987 (j) of the Government Code; and,
WHEREAS, SB 125 authorizes RTPA to request use of TIRCP and ZETCP funding for high-priority
transit capital projects consistent with the uses allowed in Cycle 6 of the TIRCP, zero-emission transit
vehicles and supporting infrastructure, transit operating expenses that prevent service cuts, and other
projects subject to compliance and requirements set forth in the SB 125 program guidelines; and,
WHEREAS, as a condition of ongoing disbursements of requested SB 125 funds, RTPA must submit to
CalSTA reports documenting activities and progress toward project implementation, expenditures,
completion, benefits in accordance with the California Air Resources Board’s Funding Guidelines , data,
interest earned, and other project outcomes; and,
WHEREAS, on December 5, 2023, the SLOCOG Board approved programming for the CITY for the
PROJECTs and the amounts shown in Table 1 and authorized the Executive Director to submit the program
of projects to CalSTA and adjust programming as needed and to return them to the Board for endorsement;
and,
WHEREAS, CalSTA has reviewed SLOCOG’s program of projects and determined that the minimum
program requirements have been met and has approved funding allocation for the PROJECTs in Table 1.
NOW, THEREFORE, the parties mutually agree as follows:
1. The CITY agrees to administer each PROJECT and conduct the applicable environmental
processes required under the California Environmental Quality Act (CEQA) and the National
Environmental Policy Act, as applicable, for each PROJECT.
2. The CITY agrees to assume responsibility and accountability for the use and expenditure of funds
allocated to the PROJECTS in accordance with the SB 125 guidelines and applicable statutes
and must also comply with all relevant federal and state laws, regulations, policies, and
procedures, and ensure that GGRF funding is utilized consistent with and required by SB 1018
(2012).
3. The CITY agrees that if a project may impact a street, road or highway owned or controlled by a
jurisdiction other than CITY (including without limitation the County, another city, or the State of
California), SLOCOG may require the CITY to establish a project development team (PDT)
composed of representatives of such jurisdictions and SLOCOG.
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SLOCOG SB 125 Subrecipient Cooperative Agreement page 2
4. The CITY agrees to utilize, for each PROJECT, an amount of TIRCP or ZETCP funds equal to or
less than that adopted by SLOCOG, and that SLOCOG's total obligation shall not exceed the
amounts shown in Table 1 unless a greater amount has been authorized in advance in writing by
SLOCOG.
5. The CITY agrees to account for all costs for the PROJECTS to be paid by SLOCOG pursuant to
this Agreement and agrees to perform all the reimbursable work for each project according to the
fiscal years identified in Table 1.
6. The CITY agrees to provide SLOCOG with the final cost estimates for each phase of the
PROJECTS prior to reimbursement. The following will be assumed and reflected in SLOCOG's
SB 125 accounting spreadsheets:
a. If less funding than what was programmed is required for a PROJECT, cost savings will
be made available for reprogramming as approved by SLOCOG.
b. If more funding than what was programmed is required for a PROJECT, the CITY will be
solely responsible for securing the additional funding, which can be comprised of various
local, regional, state, or federal funding sources.
7. The CITY may submit an invoice for reimbursement of funds expended for each PROJECT no
more than once a month, using the attached Reimbursement Request Form (Exhibit A). All
invoices must contain the following:
a. PROJECT number and name
b. A detailed description of work accomplished during the billing period which will be used to
provide project status updates to the SLOCOG Board on an annual basis, at minimum.
c. A copy of the consultant’s bill to the CITY (if applicable).
d. Amount expended by the CITY during the billing period, with evidence of funds expended
(e.g. a copy of a CITY check to consultant or accounting documentation, etc.)
e. Amount requested for reimbursement by source (TIRCP or ZETCP) for the billing period
8. SLOCOG agrees to reimburse the CITY within 30 days of receipt of a completed reimbursement
request form (Exhibit A) with all applicable attachments and signatures an amount expended by
the CITY during the invoices' billing period. SLOCOG's total obligation for each PROJECT cost
shall not exceed the amount shown in Table 1, unless SLOCOG has in writing authorized a
greater amount.
9. Within two months of either the execution of this agreement or each PROJECT’s completion and
all work incidental thereto, whichever comes later, the CITY must provide SLOCOG certification
in the form provided in Exhibit B hereto, of completion in accordance with the provisions in this
Agreement, and a final invoice containing those items listed in section 7a-e. In the event that final
project costs are less than those listed on Table 1, hereto, the funds shall be reallocated as
approved by SLOCOG.
10. The CITY agrees to document and publicize the TIRCP and ZETCP in proper context when
developing press releases and City Council documents, or in hosting public events such as
project groundbreakings. References should be made to TIRCP, ZETCP, the California State
Transportation Agency as the program sponsor, and the state programs as fund sources, as
applicable, in order to ensure transparency regarding the funding of the projects.
11. The CITY agrees to provide SLOCOG with data needed to document and share publicly the
program benefits and outcomes of the PROJECTS.
12. The CITY grants to the State of California and/or SLOCOG access to the CITY's books and
records for the purpose of verifying that SB 125 funds paid are properly accounted for and the
proceeds are expended in accordance with the terms of this Agreement. All documents shall be
available for inspection by authorized CalSTA, Caltrans and/or SLOCOG agents at any time
during the PROJECT development and for a four-year period from the date of completion, or for
one year after the audit is completed or waived by CalSTA, Caltrans and/or SLOCOG, whichever
is later.
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SLOCOG SB 125 Subrecipient Cooperative Agreement page 3
13. Upon completion of all work under this Agreement, ownership and title to all materials will
automatically be vested in the CITY and no further agreement will be necessary to transfer
ownership to the CITY.
14. If existing public and/or private utilities conflict with the PROJECT construction or violate the
CITY’s encroachment policy (as applicable), the CITY shall make all necessary arrangements
with the owners of such utilities for their protection, relocation or removal. The CITY shall review
the plans for protection, relocation or removal. If there are costs of such protection, relocation, or
removal which the CITY must legally pay, the CITY shall pay the cost of said protection,
relocation or removal, plus cost of engineering, overhead and inspection. If any protection,
relocation or removal of utilities is required, such work shall be performed in accordance with
CITY policies and procedures.
15. The CITY shall defend, indemnify and save harmless SLOCOG, its officers and employees from
all and any claims, demands, damages, costs, expenses, judgments, attorneys’ fees or any
liability arising out of this Cooperative Agreement to the performance or attempted performance
of the provisions hereof, or any project referred to in the Exhibits hereto. Nothing contained in the
foregoing indemnity provision shall be construed to require CITY to indemnify SLOCOG against
any responsibility of liability in contravention of Civil Code section 2782.
16. Both the CITY and SLOCOG shall designate a Project Coordinator who shall represent the
respective agencies and through whom all communications between the parties to this agreeme nt
shall occur.
17. Both parties agree that if, in the course of carrying out the PROJECT, there is a disagreement
among the Project Coordinators over the direction of the project, the matter will be forwarded
through a three-step conflict resolution process. First, resolution will be attempted between the
CITY Manager and SLOCOG Executive Director. If a dispute continues, a determination shall be
made by the SLOCOG Executive Committee, and, if required, final determination by the full
SLOCOG Board.
18. Nothing in the provisions of this Agreement is intended to create duties, obligations, or rights for
third parties not signatories to this Agreement or affect the legal liability of either party of the
Agreement by imposing any standard of care with respect to the maintenance of local roads
different from the standard of care imposed by law.
19. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed by the parties thereto, and no oral understanding or agreement not incorporated herein or
in the attached Table 1 shall be binding on any of the parties thereto.
20. This Agreement may be terminated or provisions contained therein may be altered, changed, or
amended by mutual consent, in writing, of the parties hereto.
21. Prior to awarding a contract for any PROJECT, SLOCOG may terminate the applicable
PROJECT in the Cooperative Agreement by written notice, provided SLOCOG pays the CITY for
all PROJECT-related costs reasonably incurred by the CITY prior to termination. Also, prior to
awarding a contract for any PROJECT, the CITY may terminate the applicable PROJECT in the
Cooperative Agreement by written notice, provided the CITY pays SLOCOG for all costs
reasonably incurred by SLOCOG prior to termination.
SIGNATURES:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS
By: ________________________________ By: ___________________________________
Erica A. Stewart, Mayor Peter Rodgers, Executive Director
Date: _______________ Date: _______________
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SLOCOG SB 125 Subrecipient Cooperative Agreement page 4
ATTEST:
By: ____________________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ____________________________________ By: _________________________________
Christine Dietrick, City Attorney Jon Ansolabehere, SLOCOG Counsel
Date: _______________ Date: _______________
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SLOCOG SB 125 Subrecipient Cooperative Agreement page 5
TABLE 1
CITY PROJECTS
for
Agreement No. SLO-SB 125-01
SLOCOG# Project Name TIRCP ZETCP FY
City of SLO-1 Six (6) Battery electric
bus procurement $280,000 - 2023/24
City of SLO-2 Battery electric bus
charging infrastructure $395,000 - 2023/24
City of SLO-3 Auto Vehicle Locator
system replacement $130,000 - 2024/25
City of SLO-4
On-bus security
camera system
replacement
$750,000 - 2024/25
Total $1,550,000 -
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SLOCOG SB 125 Subrecipient Cooperative Agreement page 6
EXHIBIT A
San Luis Obispo Council of Governments
TIRCP and ZETCP
REIMBURSEMENT REQUEST FORM
Agency Name: Date:
Contact Person:
Project Number(s):
Project Title:
This Invoice Covers Work Completed from: / / to: / /
Project Budget Information: (complete box below - refer to cooperative agreement
“Table 1” for budget information)
Total Spent this
Invoice
$
TIRCP ZETCP Other Non-Regional
Spending Total
Reimbursement
by Fund Source
Please send a check for $
Total TIRCP & ZETCP share due this invoice
Attachments: 1) A brief description of work completed; and
2) Consultant invoices
3) Proof of payment (e.g. copy of CITY check to consultant).
Signed:
(Agency Rep.)
Shaded boxes below for SLOCOG Use
Regional Planner Approval Accounting Initials
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SLOCOG SB 125 Subrecipient Cooperative Agreement page 7
EXHIBIT B
PROJECT COMPLETION FORM
for
SB 125 Projects
This form notifies SLOCOG of project completion in accordance with the provisions in the Cooperative
Agreement noted below. Our records indicate that the project listed below, funded all or in part with RSTP
Exchange funds, has been completed:
Project Name:
Project Number(s):
Cooperative Agreement Date (Recipient Agency):
Approved TIRCP or ZETCP amount(s):
I certify, on behalf of the CITY
name of authorized official
of , that the project named above was completed
name of jurisdiction
on_____________________ in accordance with the provisions set forth in the cooperative
approximate date of completion
agreement dated ___________________________. It is my understanding that all savings
date jurisdiction representative signed
from a cost underrun will be returned to SLOCOG for reprogramming in accordance with the
cooperative agreement.
Signed: Date:
signature of authorized official date signed
Return completed and signed Project Completion Forms within 2 months of the completion of each project
to:
SLOCOG
1114 Marsh Street
San Luis Obispo, CA 93401
Attn: (Project Coordinator)
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SLOCOG SB 125 Subrecipient Cooperative Agreement page 8
EXHIBIT C
General Programming Policies
SLOCOG’s 2023 Regional Transportation Plan / Sustainable Communities Strategy identifies an
overall goal to develop a multi-modal transportation system which is balanced, coordinated, safe,
cost effective, environmentally sound, economically supportive, meeting all the financially
reasonable transportation needs of all citizens in San Luis Obispo County. General programming
policies affecting the decision making and project selection of the surface transportation system
are summarized as follows:
1. SLOCOG will strive to be fair and equitable in the allocation of funding between the various
subregions in the county and among member jurisdictions.
2. SLOCOG will adhere to the federal and state statutes, policies, regulations and guidelines
applicable to each fund being allocated, and require recipients of grants to do the same.
3. SLOCOG will recommend projects for funding that are:
Deliverable
Consistent with the goals, policies, action strategies, and programs of the 2023 Regional
Transportation Plan
Responsive to immediate funding and project needs
Consistent with specific criteria of a particular funding program
High likelihood of leveraging other funding (state, federal and/or local)
Approved or supported by the applicable governing body
4. SLOCOG will seek to implement all programs in a timely and efficient manner.
5. SLOCOG will seek to maximize the use of the funds for general public benefit, and will marshal
other funds, when possible, to complete funded projects by prioritizing joint-funded projects.
6. SLOCOG will integrate social equity factors into the decision-making process by applying the
findings generated from the Disadvantaged Communities Assessment.
7. SLOCOG will, to the extent feasible, assure the integration of all projects with jurisdiction,
region and statewide transportation plans, providing a comprehensive, systematic approach
to resolving transportation problems in the region.
8. SLOCOG will retain maximum flexibility of federal programs under the Infrastructure
Investment and Jobs Act (IIJA), where feasible.
9. SLOCOG will retain a continuing commitment to emphasize quality and promote excellence
in the development of competitive proposals, seeking to fund the best possible projects in
terms of cost effectiveness, public benefit and regional and local significance.
10. SLOCOG may reserve discretionary funds for advance development work to ensure regionally
significant projects are well scoped, alternatives assessed, accurate estimates prepared, and
a finance plan for implementation is developed.
11. SLOCOG will maintain funding commitments for existing programmed projects if those
projects have achieved the project delivery milestones set out at the time of programming.
Unavoidable delays to the project delivery milestones will be considered on a case-by-case
basis.
12. SLOCOG may commit a portion of discretionary funding to match and leverage other
competitive state-wide or federal grant programs for projects of regional significance.
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