MEETING DATE: 2/25/2013
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 Emergency Management
Agency Under the Proposition 1B Transit Security Grant
Program
ATTACHMENTS
Pages
1. Resolution
1-2
2. Certifications and Assurances Agreement
3-8
3. Authorized Agent Signature Authority
9 RESOLUTION NO. 2013-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE ANY ACTIONS
NECESSARY FOR THE PURPOSE OF OBTAINING
FINANCIAL ASSISTANCE PROVIDED BY THE
CALIFORNIA EMERGENCY MANAGEMENT AGENCY (Cal
EMA) UNDER THE PROPOSITION 1B TRANSIT SECURITY
PROGRAM/CALIFORNIA TRANSIT SECURITY GRANT
PROGRAM.
8
WHEREAS, the Highway Safety, Traffic Reduction, Air Quality, and Port
Security Bond Act of 2006, approved by the voters as California State Proposition 1B on
November, 2006; and
WHEREAS, the California Emergency Management Agency (Cal EMA) is
one of the State Administrative Agencies for the California Transit Security Grant Program
funded under Proposition 1B with general obligation bonds for transit system safety,
security, and disaster response project; and
WHEREAS, the State Controller of California identified the City of Culver City
as an eligible transit operator; and
WHEREAS, the City has or will provide all assurances required for the project
to Cal [MA.
NOW, THEREFORE, the City Council of the City of Culver City, DOES
HEREBY RESOLVE as follows:
1. Approves the filing of grant applications with Cal EMA as funding
25 opportunities become available from the Proposition 1B Transit Security
26 Program/California Transit Security Grant Program; and
27
28
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 ANDREW WEISSMAN, MAYOR
City of Culver City, California
APPROVED AS TO FORM:
L A. SCHWAB, City Attorney
1
2. Appoints the City Manager, or designee, as authorizing agent to
2 execute any actions necessary of the purpose of obtaining financial assistance provided by
3 Cal EMA under the Proposition 1B Transit Security Grant/California Transit Security Grant
4 Program.
5
APPROVED and ADOPTED this day of , 2013.
6
7
8
9
10
11 ATTEST:
12
13
14 MARTIN R. COLE, City Clerk
15
A13-00070
16
17
18
19
20
21
22
23
24
25
26
27
28
-2- Grant Assurances
Transit System Safety, Security and
Disaster Response Account Program
Name of Applicant: City of Culver City / Culver CityBus
Grant Cycle: FY12-13
Grant Number: 6561-0002
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 Emergency Management Agency (Cal EMA).
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 EMA in particular, through any
representative authorized by Cal EMA, 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 EMA
directives.
5. Will provide reports and documentation related to this grant to Cal EMA, in accordance
with applicable laws and Cal EMA 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 EMA.
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 EMA.
FY 2012-13 California Emergency Management Agency 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 EMA.
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 EMA CTSGP-CTAF guidelines.
18. Will submit to Cal EMA 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.
FY 2012-13 California Emergency Management Agency Page 23 19. Will submit to Cal EMA 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 EMA, 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 EMA 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 EMA, 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 EMA 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 EMA of any changes to the approved project and
obtain Cal EMA 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 EMA 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.
FY 2012-13 California Emergency Management Agency Page 24 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 (Pl. 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
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
1. 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
FY 2012-13 California Emergency Management Agency Page 25 b. Institution of environmental quality control measures under the National .
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (E0)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.
FY 2012-13 California Emergency Management Agency Page 26 Date:
32. Will comply with the audit requirements set forth in the Office of Management and
Budget (OMB) Circular A-133, -Audit of States, Local Governments and Non-Profit
Organizations.1
33. Agrees that the noncompliance with these assurances, Cal EMA CTSGP-CTAF Program
guidelines, and applicable laws, may be taken into consideration by Cal EMA when
considering future allocation applications from Applicant.
34. Understands that failure to comply with any of the above assurances may result in
suspension, reduction, or termination of grant funds.
As the duly authorized representative of the Applicant, I hereby certify that the Applicant will
comply with the above certifications.
The undersigned represents that he/she is authorized by the above named Applicant to enter into
this agreement for and on behalf of the said Applicant.
Signature of Authorized Agent:
Printed Name of Authorized Agent: Art A. Ida
Title: Transportation Director
FY 2012-13 California Emergency Management Agency Page 27 Authorized Agent Signature Authority
FY 2012-2013 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 Emergency Management Agency.
Art Ida, Transportation Director
(Name or Title of Authorized Agent)
Jane Leonard, Sr. Mgmt Analyst
(Name or Title of Authorized Agent)
(Name or Title of Authorized Agent)
Signed and approved this day of , 20
(Signature)
John Nachbar
City Manager
,OR
,OR
City of Culver City, California
Agenda Item Report
Meeting Date: 02/25/2013 Item Number: C-2
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 Emergency Management
Agency 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: (E-Mail) Meetings and Agendas – City Council (2/19/13); (E-Mail)
Ongoing Topics – Culver CityBus (2/19/13)
Department Approval:
Art Ida (02/11/13)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/19/13)
Chief Financial Officer Approval:
Jeff Muir (02/19/13)
City Manager Approval:
John M. Nachbar (02/19/13)
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 Emergency Management Agency (CalEMA)
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. $60 million out of the $1
billion designated bonds funds have been allocated to Proposition 1B Transit
Security Funds for Fiscal Year 2013. As an agency that is eligible to receive State
Transit Assistance (CTA) funds, Culver City was allocated $66,000.
In prior years, Culver City also received $66,090 from the Proposition 1B Transit
Security Funds and used it towards: (1) the purchase of the Automatic Vehicle
Locator equipment in the six new buses that were purchased for the Bus Rapid
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 a local match of funds
provided to Culver City from the MTA Bridge Fund for the respective years. City of Culver City, California
Agenda Item Report
DISCUSSION:
In order to obtain the funds which have been allocated to the City, the City was
required to file an Investment Justification for the use of the funds that had been
allocated for Fiscal Year 2013. The City will use these funds towards an upgraded
bus security system on the existing 32 buses in the fleet which will serve to enhance
the Transportation Department’s safety, security and emergency response in several
ways.
Adoption of a Resolution is an annual requirement for CalEMA which is the State
Administrative Agency (SSA) 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:
The City has recently received a Notification of Project Eligibility from CalEMA for
the aforementioned project in the amount of $66,000. This means the project meets
the pertinent eligibility criteria but that the project will be subject to available bond
funding. There are no funds available to support this allocation until the State issues
new bonds, which may take place in the spring of 2013.
Consequently, the project approval is not a grant award. Upon approval of the grant
award by the State, staff will seek an adjustment to the department budget.
Staff are in the process of seeking a Letter of No Prejudice, so the City can proceed
to be reimbursed for eligible expenditures at such time the funding from bond
proceeds becomes available. To leverage existing grant authority, the City has
received approval from CalEMA to utilize remaining funds from the previously
approved Fiscal Year 2010/2011 and Fiscal Year 2011/2012 Proposition 1B Transit
Security investment for the same project elements. Additional local match funds
have been identified and are available from the Los Angeles County Metropolitan
Transportation Authority in the form of Prop 1B Security Bridge funds.
ATTACHMENTS:
A. Proposed Resolution
B. Certifications and Assurances Document
C. Authorized Agent Signature Authority
City of Culver City, California
Agenda Item Report
MOTION:
That 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 Emergency Management Agency under the Proposition 1B Transit
Security Grant Program.