200 S. Anaheim Blvd.
Suite #276
Anaheim, CA 92805
Tel: (714) 765-5176
Fax: (714) 765-5161
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: DECEMBER 5, 2023
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF
ANAHEIM AND THE ANAHEIM TRANSPORTATION
NETWORK FOR RECEIPT OF STATE EARMARK FUNDS TO
CONSTRUCT ANAHEIM TRANSPORTATION NETWORK
FACILITIES
ATTACHMENT (Y/N): YES ITEM # 12
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by Motion,
1) Approve the Subrecipient Agreement with the Anaheim Transportation Network, in substantial form, in the amount not to exceed $1,300,000, for the construction of Anaheim Transportation Network facilities; authorize and direct the Director of Public Works, or his designee, to execute the agreement and any other related documents which may be necessary in order to implement this Agreement; and 2) Authorize de minimis changes to the Subrecipient Agreement that do not substantially change the terms and conditions as determined by the City Attorney’s Office; and
3) Increase the Public Works FY 2023/24 revenue and expenditure budget in restricted transit grants by $1,300,000.
DISCUSSION:
The Anaheim Transportation Network (ATN), through Ordinance No. 6464 is a transit operator franchisee of the city. ATN began providing transit services in designated areas of the city in 2002 and has expanded service provision since that time.
Currently, ATN is in the process of converting its fleet to Battery Electric Bus (BEB) operations, with 46 of its total 82 buses being BEBs and five more slated for delivery this year. To support full electrification ATN needs to update its charging infrastructure (i.e. provide solar arrays, battery storage systems, and microgrid and smart charging capabilities to optimize energy load usage) and facilities (i.e. building and concrete improvements) at its Claudina Avenue property.
Subrecipient Agreement Between the City of Anaheim and the Anaheim Transportation Network for the Receipt of State Earmark Funds to Construct Anaheim Transportation Network Facilities
December 5, 2023
During development of the fiscal year 2022 state budget, the city at the behest of ATN, applied for and received an earmark to fund a component of the proposed facility improvements (primarily concrete work). The earmark of $1,300,000 is anticipated to cover approximately 56% of the total concrete cost for the project.
This past September, the city and Caltrans executed a funds transfer agreement for the earmark (Attachment 2). This agreement specifies the terms and conditions which the city needs to adhere to, in order to receive the earmarked funds.
Subrecipient Agreement:
Given that ATN, not the city, will be delivering the project at the Claudina Avenue property, approval of a Subrecipient Agreement (Attachment 1) is requested, so the city can pass Caltrans’ terms and conditions for the earmarked funds on to ATN.
The proposed Subrecipient Agreement specifies the following.
ATN is responsible for:
Submitting a self-attestation that it shall only use state funds for the project, as specified in legislation.
Submitting a project close out Report to the city within 30 days of expending the funds, completing the project, or termination, whichever comes first. Submitting a final invoice no later than 60 days after the termination of the agreement. Repayment of any disallowed funds as determined by an audit. Return of unspent project funds.
Repayment, upon request by the city, of any overpayment amounts. o Should ATN fail to refund any moneys due to the city, the city may intercept, withhold, and demand the transfer of moneys back to the city and/or may also withhold approval of future state funded projects proposed by ATN, until the moneys are repaid to the city.
Meeting all applicable Caltrans and state requirements specified in Attachment 1. Providing the city or its designated representatives with the right to review records and supporting documentation pertaining to the project.
Maintaining all appropriate project-related records for a minimum of three years.
City is responsible for:
Reimbursing ATN for eligible direct project costs that are actually incurred in an amount not to exceed $1,300,000.
o Funding is subject to continuing availability of funds from the state to the city.
Upon city council approval of the Subrecipient Agreement, staff will work with ATN to execute and finalize the agreement, so that the city can begin drawing the funds from Caltrans and establish a payment process for delivering the funds to ATN.
Subrecipient Agreement Between the City of Anaheim and the Anaheim Transportation Network for the Receipt of State Earmark Funds to Construct Anaheim Transportation Network Facilities
December 5, 2023
IMPACT ON BUDGET:
This action will increase the Public Works revenue and expenditure budgets in restricted transit grants by $1,300,000 in Fiscal Year 2023/24.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachments:
1. Subrecipient Agreement between City of Anaheim and Anaheim Transportation Network
2. Funds Transfer Agreement Between the California Department of Transportation and the City of Anaheim