MEETING DATE: 2/27/12
AGENDA ITEM. 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
3-7
3. Authorized Agent Signature Authority
8 RESOLUTION NO. 2012-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.
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WHEREAS, the Highway Safety, Traffic Reduction, Air Quality, and Port
10 Security Bond Act of 2006, approved by the voters as California State Proposition 1B on
11 November, 2006; and
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WHEREAS, the California Emergency Management Agency (Cal EMA) is
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one of the State Administrative Agencies for the California Transit Security Grant Program
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15 funded under Proposition 1B with general obligation bonds for transit system safety,
16 security, and disaster response project; and
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WHEREAS, the State Controller of California identified the City of Culver City
18 as an eligible transit operator; and
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WHEREAS, the City has or will provide all assurances required for the project
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to Cal EMA.
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NOW, THEREFORE, the City Council of the City of Culver City, DOES
23 HEREBY RESOLVE as follows:
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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
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7 MARTIN R. COLE, City Clerk CARPV. A. SCHWAB, City Attorney
Al2-00192
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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 113 Transit Security Grant/California Transit Security Grant
4 Program.
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APPROVED and ADOPTED this day of , 2012.
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MICHEAL O'LEARY, MAYOR
City of Culver City, California
11 ATTEST:
APPROVED AS TO FORM:
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-2- Grant Assurances
Transit System Safety, Security and
Disaster Response Account Program
Name of Applicant: 01 -1-7 e n ) L21" 4
Address: L I 31-1 3 DUCP|1010|ie-5 1/1 e---
v
City: CA--1
State: °A- Zip Code:
Telephone Number: ( 3 ID ) 253
E-Mail Address: (A.r4 ciCt CI.) l ,
As the duly authorized representative of the applicant, I certify that the applicant named above:
1. Has the legal authority to apply for Transit System Safety, Security, and Disaster
Response Account 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. Will assure that grant funds are only used for allowable, fair, and reasonable costs.
3. Will give the State of California generally and Cal EMA in particular, through any
authorized representative, access to and the right to examine all paper or electronic
records, books, papers, or documents related to the award; and will establish a proper
accounting system in accordance with generally accepted accounting standards or
Cal EMA directives.
4. Will provide progress reports and other information as may be required by
Cal EMA.
5. Will initiate and complete the work within the applicable timeirarne after receipt of
Cal EMA approval.
6. 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 family, business or other ties.
7. Will comply with all California and federal statues relating to nondiscrimination. These
include but are 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;
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;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 794)
which prohibits discrimination on the basis of handicaps;
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107)
which prohibits discrimination on the basis of age;
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended,
relating to nondiscrimination on the basis of drug abuse;
f. 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;
g.
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;
h. 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;
i. Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
j. The requirements on any other nondiscrimination statute(s) which may apply to
the application.
8. 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.
9. Will comply with applicable environmental standards which may be prescribed pursuant
to California or federal law. These may include, but are not limited to, the following:
a. California Environmental Quality Act. California Public Resources Code Sections
21080-21098. California Code of Regulations, Title 14, Chapter 3 Sections
15000-15007;
b. Institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (E0)11514;
c. Notification of violating facilities pursuant to EO 11738;
d. Protection of wetlands pursuant to EO 11990;
e. Evaluation of flood hazards in floodplains in accordance with EO 11988;
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.);
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.);
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).
10. Will comply, if applicable, with the 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.
11. Will assist Cal EMA, as appropriate, in assuring compliance with 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).
12. Will comply with Standardized Emergency Management System requirements as stated
in the California Emergency Services Act, Gov Code §§ 8607 et seq. and CCR Title 19,
Sections 2445, 2446, 2447 and 2448.
13. Will:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by Cal EMA;
b. In the event the approved amount of the grant is reduced, the reimbursement
applicable to the amount of the reduction will be promptly refunded to the State of
California; and
c. CTSGP-CTAF funds must be kept in a separate interest bearing account. Any
interest that is accrued must be accounted for and used towards the approved
Prop 1B project approved by Cal EMA.
14. Will comply, if applicable, with the Intergovernmental Personnel Act of 1970 (42 U.S
C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded
under one of the nineteen statutes or regulations specified in Appendix A of OPM's
Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
15. Agrees that equipment acquired or obtained with grant 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;
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 or the California Fire Services and Rescue Mutual
Aid Plan.
16. Will comply, if applicable, with Subtitle A, Title 11 of the Americans with Disabilities
Act (ADA) 1990. 17. Will comply with all applicable requirements, and all other California and federal laws,
executive orders, regulations, program and administrative requirements, policies and any
other requirements governing this program.
18. Understands that failure to comply with any of the above assurances may result in
suspension, termination or reduction of grant funds.
a. The applicant certifies that it and its principals:
I. 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;
2. 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;
3. 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.
19. Will retain records for thirty-five years after notification of grant closeout by the State.
20. 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."
21. Grantees and subgrantees will use their own procurement procedures which reflect
applicable state and local laws and regulations.
22. Grantees and subgrantees will comply with their own contracting procedures or with the
California Public Contract Code, whichever is more restrictive.
23. Grantees and subgrantees will maintain procedures to minimize the time elapsing
between the award of funds and the disbursement of 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 appli n
Signature of Authorized Agent: V [ ;fiq
Printed Name of Authorized Agent:
Title:
)j-jectill\-- 1) 1 frejilY Date:
7 Authorized Agent Signature Authority
FY 2011-2012 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
,OR
(Name or Title of Authorized Agent)
Crystal Alexander, Sr. Mgmt Analyst
,OR
(Name or Title of Authorized Agent)
Diana Chang, Sr. Mgmt Analyst
(Name or Title of Authorized Agent)
Signed and approved this day of , 20
(Signature)
John Nachbar
City Manager
City of Culver City, California
Agenda Item Report
Meeting Date: 02/27/2012 Item Number: C-3
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Authorizing the City
Manager or Designee to Perform 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.:
Crystal Alexander, Transportation
Phone Number: 310-253-6543
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 (2/22/12); (E-Mail)
Ongoing Topics – Culver CityBus (2/22/12)
Department Approval:
Art Ida (02/13/12)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/21/12)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (02/22/12)
City Manager Approval:
John M. Nachbar (02/22/12)
RECOMMENDATION:
Staff recommends the City Council adopt a resolution authorizing the City Manager
or designee to perform 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. Of the $1 billion of
designated bond funds, $60 million have been allocated to Proposition 1B Transit
Security Funds for Fiscal Year 2012. As an agency that is eligible to receive State
Transit Assistance (CTA) funds, Culver City was allocated $66,090 for this fiscal
year.
In prior years, Culver City also received $66,090 from this funding source and
allocated them 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. City of Culver City, California
Agenda Item Report
These funds were also supplemented by a local match of funds provided to Culver
City from the MTA Bridge Fund, for the respective years.
DISCUSSION:
In order to obtain the funds which have been allocated to the City of Culver City, the
City was required to file an Investment Justification for the use of the funds that had
been allocated for Fiscal Year 2012. Should the City Council adopt the proposed
resolution, the City will use these funds towards an upgraded bus security system for
12 of the existing 32 buses in the fleet.
FISCAL ANALYSIS:
The City of Culver City Transportation Department has recently received a
Notification of Project Eligibility from CalEMA for the aforementioned project, in the
amount of $66,090. This means the project meets the pertinent eligibility criteria but
that the project will be subject to available bond funding. Currently, there are no
funds available to support this project until the State issues new bonds, which may
take place in the spring of 2012.
Consequently, the project approval is not a grant award. Upon approval of the grant
award, staff will present a budget amendment to the City Council for consideration.
Staff is in the process of seeking a Letter of No Prejudice, so the City can proceed
with the project and be reimbursed for our expenditures at such time the funding
from bond proceeds is available. This is required since the cameras will be installed
as we receive part of the new 20 replacement buses, which are scheduled to begin
arrival, in stages, in late February/early March of 2012. Funding for cameras on
these news buses has been covered with prior CalEMA and MTA Bridge Funds.
To leverage existing grant authority, we have received approval from CalEMA to
utilize left over funds from the previously approved grant in Fiscal Year 2008/2009,
available as the Transportation Facility Security Camera project came in well under
budget. This action will decrease the local match needed for the Fiscal Year
2010/2011 CalEMA approved grant for bus security cameras, which is linked to this
new Fiscal Year 2011/2012 approved grant.
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 perform 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.