City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a resolution authorizing the City Manager or
Designee to execute any actions necessary for the purpose of obtaining financial
assistance provided by the California Governor’s Office of Emergency Services
(CalOES) under the Proposition 1B Transit Security Program.
BACKGROUND:
In November 2006, voters approved the Highway Safety, Traffic Reduction, Air Quality
and Port Security Bond Act of 2006 as California State Proposition 1B. Proposition
1B contains a variety of funds which are administered by different agencies, each with
its own funding allocation processes. For Fiscal Year 2013/2014, $10 million in bond
funds have been allocated to Los Angeles County through the Proposition 1B Transit
Security Program. As an agency that is eligible to receive State Transit Assistance
(STA) funds, Culver City has been allocated $66,090.
In prior years, Culver City received $66,090 annually from Proposition 1B Transit
Security Funds for use toward: (1) the purchase of the Automatic Vehicle Locator
equipment in the six new buses that were purchased for the Rapid Bus program; (2)
the purchase of an upgraded camera security system at the Transportation facility;
and (3) the purchase of additional security cameras on new replacement buses.
These funds were also supplemented by local match funds provided to Culver City
from the MTA Bridge Fund, for the respective years.
Meeting Date: 07/14/2014 Item Number: C-9
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Authorizing the City
Manager or Designee to Execute Any Actions Necessary for the Purpose of
Obtaining Financial Assistance Provided by the California Governor’s Office of
Emergency Services Under the Proposition 1B Transit Security Grant Program.
Contact Person/Dept.:
Jane Leonard/Transportation
Phone Number:
310-253-6523
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: Agenda and Meetings – City Council (07/09/14)
Department Approval:
Art Ida (06/23/14)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/07/14)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (07/08/14)
City Manager Approval:
John M. Nachbar (07/08/14) City of Culver City, California
Agenda Item Report
DISCUSSION:
In order to obtain the funds which have been allocated to the City, staff was required
to file an Investment Justification for the use of the funds that had been allocated for
Fiscal Year 2013/2014. This year, Transportation Department and Fire Department
staff worked together to establish two projects to which these safety, security and
emergency response funds are applicable.
For the Fire Department: Two (2) sets of emergency response hydraulic lifting and
stabilization equipment for use on the light rail system.
For the Transportation Department: Surveillance cameras and associated recording
systems on three paratransit vans.
Adoption of a Resolution by the agency’s governing body is an annual requirement for
CalOES, the State Administrative Agency for the California Transit Security Grant
Program, which will authorize the City Manager or Designee to execute the grant and
take all other actions necessary to implement the grant program.
FISCAL ANALYSIS:
At this time, the City has recently received a Notification of Project Eligibility from
CalOES for the aforementioned projects in the total amount of $66,090. This means
the projects meet the pertinent eligibility criteria, subject to available bond funding and
thus, the project approval is not a grant award. There are no funds available to support
this allocation until the State issues new bonds, which may take place prior to the end
of 2014.
Staff is in the process of seeking a Letter of No Prejudice, so the City can proceed to
be reimbursed for the eligible expenditures at such time the funding from bond
proceeds is available.
ATTACHMENTS:
1. Proposed Resolution
2. Certifications and Assurances Document
3. Authorized Agent Signature Authority
MOTION:
That the City Council:
City of Culver City, California
Agenda Item Report
Adopt a resolution authorizing the City Manager or Designee to execute any
actions necessary for the purpose of obtaining financial Assistance provided by
the California Governor’s Office of Emergency Services under the Proposition 1B
Transit Security Grant Program.
MEETING DATE: 7/14/2014
AGENDA ITEM: Approve and Adopt a Resolution Authorizing the City Manager
or Designee to Execute Any Actions Necessary for the Purpose
of Obtaining Financial Assistance Provided by the California
Governor’s Office of Emergency Services Under the
Proposition 1B Transit Security Grant Program
ATTACHMENTS
Pages
1. Proposed Resolution No. 2014-R- 1-2
2. Grant Assurances Agreement 3-8
3. Authorized Agent Signature Authority 9
12Grant Assurances
Transit System Safety, Security and
Disaster Response Account Program
Name of Applicant: City of Culver City / Culver CityBus
Grant Cycle: FY13-14 Grant Number: 6661-0002
Address: 4343 Duquesne Avenue
City: Culver City State: California Zip Code: 90232
Telephone Number: ( 310 ) 253-6545
E-Mail Address: art.ida@culvercity.org
As the duly authorized representative of the Applicant, I certify that the Applicant named above:
1. Has the legal authority to apply for CTSGP-CTAF funds, and has the institutional,
managerial, and financial capability to ensure proper planning, management, and
completion of the grant provided by the State of California and administered by the
California Governor’s Office of Emergency Services (Cal OES).
2. Assures that the grant funds will only be used for allowable, fair, and reasonable costs.
3. Recognizes the importance of accountability for the use of CTSGP-CTAF funds, and will
give the State of California generally, and Cal OES in particular, through any
representative authorized by Cal OES, access to and the right to examine all paper and
electronic records, books, and other documents related to the award.
4. Will establish and maintain a proper accounting system for CTSGP-CTAF funds, in
accordance with applicable laws, generally accepted accounting standards, and Cal OES
directives.
5. Will provide reports and documentation related to this grant to Cal OES, in accordance
with applicable laws and Cal OES grant guidance, including but not limited to: progress
reports, closeout documentation, authorized agent forms, governing body resolutions, and
other information as may be required by Cal OES.
6. Will initiate and complete approved project work within applicable timeframes, after Cal
EMA approves the project.
7. Will comply with Standardized Emergency Management System requirements as stated
in the California Emergency Services Act (California Gov Code Section 8607 et seq.) and
Title 19 of the California Code of Regulations, Sections 2445, 2446, 2447, and 2448.
8. Will promptly return to the State of California all funds received which exceed the actual
expenditures approved by Cal OES.
FY 2013-14 California Governor’s Office of Emergency Services
3FY 2013-14 California Governor’s Office of Emergency Services
9. If the approved amount of the grant is reduced, will promptly return to the State of
California funds equal to the amount of this reduction.
10. Will keep CTSGP-CTAF funds in a separate interest bearing account. Any interest that
is accrued must be accounted for and used for the project approved by Cal OES.
11. Agrees that equipment acquired or obtained with CTSGP-CTAF funds:
a. Will be made available under the California Disaster and Civil Defense Master
Mutual Aid Agreement in consultation with representatives of the various fire,
emergency medical, hazardous materials response services, and law enforcement
agencies within the jurisdiction of the applicant; and
b. Will be made available pursuant to applicable terms of the California Disaster and
Civil Defense Master Mutual Aid Agreement and deployed with personnel trained
in the use of such equipment in a manner consistent with the California Law
Enforcement Mutual Aid Plan, the California Fire Services and Rescue Mutual
Aid Plan, and the State Emergency Plan.
12. Will comply with all applicable federal, state, and local laws, executive orders,
regulations, program and administrative requirements, policies, and any other
requirements governing this program.
13. Understands that failure to comply with applicable state and federal laws governing
general obligation, tax-exempt, and Build America bonds may result in penalties
administered by the Internal Revenue Service or a loss of tax-exempt bond status.
14. Will retain records for thirty-five years after notification of grant closeout by the State,
and ensure that any subcontractors, subgrantees, or entities to which project
responsibilities are transferred, retain records in accordance with state, federal, and local
record retention requirements.
15. Grantees and subgrantees will use their own procurement and contracting procedures,
which comply with applicable state and local laws and regulations, or with the California
Public Contract Code, whichever is more restrictive.
16. Will maintain and abide by procedures to minimize the time between the award of funds
and the disbursement of funds.
17. Will abide by Cal OES CTSGP-CTAF guidelines.
18. Will submit to Cal OES a CTSGP-CTAF Program Investment Justification, listing all
projects to be funded for the life of the bond, including the amount for each project and
the year in which the funds will be requested.
4FY 2013-14 California Governor’s Office of Emergency Services
19. Will submit to Cal OES a signed Authorized Agent form designating the representative
who can submit documents on behalf of the Applicant and an original, certified copy, or
e-signed and verified copy, subject to approval by Cal OES, of the board resolution
appointing the Authorized Agent. Should a new agent be authorized by the Applicant’s
governing board, the Applicant will submit to Cal OES a new, signed Authorized Agent
form designating the representative who can submit documents on behalf of the
Applicant, and an original, certified copy, or e-signed and verified copy, subject to
approval by Cal OES, of the board resolution appointing that Authorized Agent.
20. Will ensure that CTSGP-CTAF funds will be used only for the approved capital project
and that this approved project will be completed within applicable timeframes and remain
in operation for its useful life, in accordance with state and federal laws, including, but
not limited to applicable laws governing the CTSGP-CTAF Program, state general
obligation bond laws, and federal laws governing tax-exempt and Build America bonds.
21. Will promptly notify Cal OES of pending litigation, bankruptcy proceedings, and
negative audit findings related to the project.
22. Will maintain continuing control over the use of project equipment and facilities, and will
maintain project equipment and facilities for the useful life of the project, in accordance
with state and federal laws, including, but not limited to the laws governing the CTSGP-
CTAF Program, state general obligation bond laws, and federal tax-exempt and Build
America bond laws.
23. The project sponsor must notify Cal OES of any changes to the approved project and
obtain Cal OES approval to these changes prior to their implementation.
24. Funds must be encumbered and liquidated within the time allowed in the applicable
budget act and in accordance with grant guidelines.
25. Understands that all of Applicant’s contractors and subcontractors shall comply with all
applicable federal, state and local laws. Applicant assures that its contractors and
subcontractors will be obligated to agree to comply with all applicable federal, state, and
local laws.
26. That any project cost for which the Applicant received funds that is determined by
subsequent audit to be unallowable under applicable federal, state, or local laws, are
subject to repayment by the Applicant to the State of California. Should the Applicant
fail to reimburse the moneys due to the State within thirty (30) days of demand, or within
another time period mutually agreed to in writing between Cal OES and the Applicant,
the State is authorized to withhold future payments due to the Applicant from the State.
27. Will establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain for themselves or others, particularly those with whom they
have familial, business, or other ties.
5FY 2013-14 California Governor’s Office of Emergency Services
28. Will comply with all California and federal statutes relating to nondiscrimination,
including, but not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which
prohibits discrimination on the basis of race, color or national origin; and
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §1681-
1683 and 1685-1686), which prohibits discrimination on the basis of sex; and
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794)
which prohibits discrimination on the basis of disabilities; and
d. The Americans with Disabilities Act of 1990 (42 U.S.C. Chapter 126), as
amended, which prohibits discrimination on the basis of disabilities; and
e. The Unruh Civil Rights Act (California Civil Code §54, et seq.) and California
Government Code §11135, which prohibit discrimination on the basis of
disabilities; and
f. The Age Discrimination Act of 1975, as amended (42 U.S.C. §6101-6107) which
prohibits discrimination on the basis of age; and
g. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended,
relating to nondiscrimination on the basis of drug abuse; and
h. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; and
i. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
§290dd-2), as amended, relating to confidentiality of alcohol and drug abuse
patient records; and
j. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601, et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; and
k. Any other nondiscrimination provisions in the specific statute(s) under which
application for assistance is being made; and
l. The requirements of any other nondiscrimination statute(s) that may apply to the
application or to the Applicant.
29. Will comply, if applicable, with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction and acquisition is $10,000 or
more.
30. Will complete required environmental documentation before requesting an allocation of
CTSGP-CTAF funds. The Applicant certifies that projects approved for CTSGP-CTAF
funds will comply with all applicable federal and state environmental laws. These may
include, but are not limited to:
a. California Environmental Quality Act. California Public Resources Code Sections
21080-21098. California Code of Regulations, Title 14, Chapter 3 Sections
15000-15007; and
6FY 2013-14 California Governor’s Office of Emergency Services
b. Institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO)11514;
and
c. Notification of violating facilities pursuant to EO 11738; and
d. Protection of wetlands pursuant to EO 11990; and
e. Evaluation of flood hazards in floodplains in accordance with EO 11988; and
f. Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §1451 et
seq.); and
g. Conformity of federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401, et
seq.); and
h. Protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended, (P.L. 93-523); and
i. Protection of endangered species under the Endangered Species Act of 1973, as
amended, (P.L. 93-205); and
j. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §1271, et. seq.) related to
protecting components or potential components of the national wild and scenic
rivers system.
k. Section 106 of the National Historic Preservation Act of 1966, as amended (16
U.S.C. §470), EO 11593 (identification and preservation of historic properties),
and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
§469a-1, et seq.).
31. The Applicant and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of federal benefits by a state or federal court, or
voluntarily excluded from covered transactions by any federal department or
agency; and
b. Have not within a three-year period preceding this application been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (federal, state, or local) transaction or contract under a public transaction;
violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property; and
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and (d) have not
within a three-year period preceding this application had one or more public
transactions (federal, state, or local) terminated for cause or default; and where the
applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
78Authorized Agent Signature Authority
FY 2013-2014 Transit System Safety, Security and
Disaster Response Account Program
AS THE City Manager
(Chief Executive Officer / Director / President / Secretary)
OF THE City of Culver City
(Name of State Organization)
I hereby authorize the following individual(s) to execute for and on behalf of the named state
organization, any actions necessary for the purpose of obtaining state financial assistance
provided by the California Governor’s Office of Emergency Services.
Art Ida, Transportation Director_________________ , OR
(Name or Title of Authorized Agent)
Jane Leonard, Sr. Management Analyst___________ , OR
(Name or Title of Authorized Agent)
_____________________________________________ .
(Name or Title of Authorized Agent)
Signed and approved this ___________________day of ______________________, 2014
__________________________________________________________
(Signature)
John Nachbar
City Manager
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