HomeMy WebLinkAbout2008-022 Transit Agreement - SLOCOG-SLORTA r t 7 77(z 1V, o
OPERATOR'S AGREEMENT
BETWEEN THE
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS AND
THE SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY AND
CITY OF ATASCADERO AND CITY OF PASO ROBLES
"Regarding the Administration of Federal Transit Administration 5307 Funds for
the Transit Providers in the North County Urbanized Area".
This Operator's Agreement (OA) is entered into between the SAN LUIS OBISPO
COUNCIL OF GOVERNMENTS,hereinafter referred to as(SLOCOG), the CITY OF
ATASCADERO, CITY OF PASO ROBLES, AND SAN LUIS OBISPO REGIONAL
TRANSIT AUTHORITY, hereinafter referred to as "Transit Operators". The purpose of
this OA is to:
1) Identify the "grantee recipient":and,
2) Identify the responsibilities of the "grantee recipient; and,
3) Identify the responsibilities of the non-grantee recipients of this OA.
WITNESSES THAT:
WHEREAS, the major populations of the Cities of Atascadero and Paso Robles and
certain limited populations of northern San Luis Obispo County are designated as an
"urbanized area" based upon the results of the 2000 census; and
WHEREAS, the Transit Operators and San Luis Obispo Council of Governments have
previously entered into a Memorandum of Understanding relative to the governance and
transit planning needs of the urbanized area as they relate to Federal Transportation
Administration (FTA) 5307 eligibility; and
WHEREAS, the Transit Operators and San Luis Obispo Council of Governments are
eligible to apply for and receive FTA 5307 funding for capital, operating, and planning
assistance for their respective agencies; and,
WHEREAS, the FTA requires that there be a single "grantee recipient" (GR); and,
WHEREAS, the GR will perform grant administration activities for the benefit of all
transit operators included herein; and
WHEREAS, the San Luis Obispo Regional Transit Authority (RTA) is willing to
undertake the role of GR for the benefit of all transit operators, per the 2008/2009
transition plan (Attached); and
NOW THEREFORE, in consideration of the mutual benefits to the parties hereto, and in
consideration of the covenants and conditions herein contained, the parties agree as
follows:
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SECTION 1: Application to Federal Transportation Administration (FTA)
1.1 All Transit Operators and SLOCOG agree to prepare and submit project
requests in an electronic form, as provided by GR. All requests should be
presented in a form that is compatible with FTA requirements. All
operators are also responsible for authoring accurate and complete
progress reports (milestones) with supporting documents to the GR
quarterly. These shall be submitted to in MS Word or other electronic
format(such as for tables and maps) compatible for electronic transfer into
the TEAM system. Said requests shall be submitted to the "grantee
recipient" (GR)for compilation and presentation to the North County
Transit Technical Committee (NCC), as defined by the MOU. Requests
submitted to the GR must be received from each Transit Operator by June
1 each year. Information to be included in project request(s) includes:
a. Project Description; scope of each project with justification
consistent with FTA eligibility rules, and separate descriptions and
cost itemization for safety and security components of projects
b. Project Budget, including local match commitment and source(s)
of local match
C. Project timeline(milestones), and whether project is new or a
continuation of a previous year's project, and status of previous
years projects at the time of the grant application
d. Environmental Findings
e. Fleet Status; including spare ratio, for any vehicle procurement
projects
f. Itemized fare revenues for the operational projects being funded to
show eligible project costs
Information required in the Quarterly Milestone reports to the GR shall
include:
a. Written progress reports on the status of each project
b. Operating and Ridership Summaries, by mode, with data from the
most recent quarter, and compared to the same quarter in the
previous year.
C. Explanation of recent operational performance trends
(productivity)
d. Status of implementation of new services, equipment and capital
projects,
e. Environmental findings.
f. Marketing activities for Operations projects, and
g. Fleet status for Capital projects
h. Financial reports (FSR's)
1.2 Operators and SLOCOG shall submit their individual project requests to
GR(including draft scopes, schedules and budgets) in early June.
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1.3 NCC shall review and adopt the next year's POP by early July.
1.4 GR shall submit project requests (program of projects—POP)to SLOCOG
for final determination of compatibility with the Federal Transit
Improvement Program (FTIP) in late July or early August.
1.5 SLOCOG shall forward to GR a formal letter of concurrence on the
adopted POP including compatibility with RTP and Federal
Transportation Improvement Program in January each year.
1.6 Operators and SLOCOG will provide GR with electronic versions (as
provided by GR) of their final projects and budgets for input into TEAM
(FTA's grant management system) by mid-August.
1.7 GR shall submit FTA 5307 application to FTA by September 1, or at
another date in accordance with their requirements.
SECTION 2: Grant Financial/Budget Administration
2.1 GR shall submit quarterly financial and budgetary data to FTA in
accordance with their requirements, beginning with federal fiscal year 2009
2.2 In order for GR to satisfy FTA reporting requirements, Transit Operators
shall provide financial and budgetary data to GR in a format satisfactory to
the GR by the 20th day of the following month after the close of the
calendar quarter.
2.3 Unless specifically called out in the approved FTA application, all projects
shall be completed and officially"closed-out" annually. GR shall
undertake close out activities on behalf of each Transit Operator in
accordance with FTA requirements. However, Transit Operators shall
provide GR similar financial and budgetary data as noted in 2.2 above by
the 45th day following the end of the federal fiscal year(September 30).
SECTION 3: Program Reporting
3.1 Transit Operators agree that, at a minimum, monthly operating data shall
be maintained on a basis equivalent to the requirements of the National
Transit Database (NTD) and/or any requirements of the FTA as the result
of their receipt of 5307 funds.
3.2 Operating data as noted above in 3.1 shall be provided to the GR in
electronic form as provided by the GR.
3.3 Operating data shall be provided to the GR on a quarterly basis and shall
be submitted by the 20th day of the month immediately following the
close of each calendar quarter.
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3.4 Recipients shall provide information to address any request from the FTA
Regional Administrator on Project scope and budget in a in a timely
manner.
3.5 Recipients shall provide assistance to the GR in addressing any questions
on programs raised by FTA triennial auditors
SECTION 4: Distribution of Funds
4.1 The GR shall make timely requests to FTA for reimbursement of
expenditures made by Transit Operators.
4.2 Should any Transit Operator require reimbursement more often than
quarterly in accordance with 2.2 above, the Transit Operator shall provide
said financial data to the GR no later than the last day of the following
month.
4.3 Upon receipt of 5307 funds, the GR will distribute funds within fifteen
(15) working days to Transit Operators.
SECTION 5: Cooperation
The parties to this OA agree to cooperate fully with the GR in performance of the
agreement and comply fully with any and all FTA regulations and requirements as
recipients of 5307 funds including but not limited to:
a. Drug free workplace regulations and testing
b. Procurement practices
C. Meet any matching fund requirements, and
d. All areas within the jurisdiction of the FTA triennial audit
Recipients also agree to comply fully with any State and/or local regulations and
requirements as recipients of 5307 funds.
SECTION 6: Special Requirements
Transit Operators shall maintain compliant Civil Rights status as required by FTA,
including but limited to:
a. Equal Employment Opportunity (EEO)
b. Title VI (non-discrimination in projects)
C. Disadvantaged Business Enterprise (DBE)
d. Americans with Disabilities Act (ADA)
SECTION 7: Grant Administration Activities
GR shall accurately track staff time spent in grant administration activities and
shall report to the Operators and SLOCOG annually.
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SECTION 8: Indemnification and Hold Harmless
Transit Operators agree to defend, indemnify and hold harmless the San Luis
Obispo Regional Transit Authority, from any and all acts or omission in the
performance of its duties and obligation under the terms of this OA.
SECTION 9: Breach
Should any party to this agreement breach their fiduciary responsibilities under the
terms of this agreement that result in the return of federal funds and/or the payment
of penalties of any type for non-compliance with Federal and/or State restrictions
and regulations relating to the receipt and use of 5307 funds, the breaching party
shall fully reimburse the other parties. Reimbursement shall include any actual
reimbursement, any penalty paid and/or any cost incurred by the GR or other
Transit Operator to remedy said breach.
SECTION 10: Withdrawal and Dissolution
Any party to this agreement may terminate its participation in this OA by resolution
of its governing board. The withdrawal of the member shall have no effect upon
the continuation of the OA among the remaining members. The Agreement as
specified and required by federal law shall remain in full force and effect in regard
to the remaining members in order to continue to receive applicable FTA funding.
SECTION 11: Authorization
By signature, we agree that the responsibilities outlined in this Agreement foster
healthy collaboration for the purpose of fostering transit planning and programming
federal funds wit�`Fiin)the SLOCOG Federal Transportation ImprovementP o ram.
Fr e Date Joho( Sho �s Date
Ma o aso obles Pr sident, LOCOG and SLORTA
r
Me Brennler Date
Mayor, City of Atascadero
Attachments: Governance Organizational Chart
Electronic formats and sample reporting documents
Transition Plan APPROVED AS TO FORM
AND LEGAL EFFECT
R. T 1.eA.
COUNTY COUNSEL
SAhLLUIS OB SPO COUNTY
C-5-7 By
eputy Cou ty Counsel
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