HomeMy WebLinkAboutR-10857 EXECUTION OF THE CERTIFICATIONS AND ASSURANCES FOR THE CALIFORNIA STATE OF GOOD REPAIR PROGRAMRESOLUTION NO. 10857 (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE
CERTIFICATIONS AND ASSURANCES FOR THE CALIFORNIA STATE
OF GOOD REPAIR PROGRAM
WHEREAS, the City of San Luis Obispo ("City") is an eligible project sponsor and may
receive State Transit Assistance funding from the State of Good Repair Account (SGR) 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, Senate Bill 1 (2017) named the Department of Transportation (Department)
as the administrative agency for the SGR; and
WHEREAS, the Department has developed guidelines for the purpose of administering
and distributing SGR funds to eligible project sponsors (local agencies); and
WHEREAS, the City wishes to delegate authorization to execute these documents and any
amendments thereto to the City Manager.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the City hereby approves the grant application for SB 1 funds and hereby agrees to
comply with all conditions and requirements set forth in the Certification and Assurances
document attached hereto as Exhibit "A" and all applicable statutes, regulations and guidelines
for all SGR funded transit projects.
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NOW THEREFORE, BE IT FURTHER RESOLVED that the City Manager be
authorized to execute all required documents of the SGR program and any Amendments thereto
with the California Department of Transportation.
Upon motion of Vice Mayor Christianson seconded by Council Member Gomez and on the
following roll call vote:
AYES: Council Members Gomez, Rivoire and Pease,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16th day of January 2018.
ATTEST:
Carrie Gallagher
City Clerk
APPROVED AS TO
Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this day of
Carrie Gallagher
City Clerk
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Resolution No. 10857 (2018 Series) City of San Luis Obispo
EXHIBIT A Page 1
State Transit Assistance State of Good Repair Program
Recipient Certifications and Assurances
Recipient: City of San Luis Obisna
Effective Date: January 9�h, 2018.
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.
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(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.
(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 31 st) 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
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Resolution No. 10857 (2018 Series)
EXHIBIT A
City of San Luis Obispo
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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.
(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
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project for audits, examinations, excerpts, and transactions, and the recipient shall
furnish copies thereof if requested.
(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.
Agency: City of San Luis Obsipo
BY:
Derek Johnson, City Manager
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