ITEM 4. 8
CITY MANAGER' SREPORT
JUNE 8, 2026 CITY COUNCIL REGULAR MEETING
ITEM: INTERAGENCY AGREEMENT BETWEEN SAN JOAQUIN
REGIONAL TRANSIT DISTRICT AND THE CITY OF
LATHROP FOR THE DUAL DESIGNATED RECIPIENT
ROLE IN THE STOCKTON URBANIZED AREA
RECOMMENDATION: Resolution to Authorize the City Manager or Designee to Execute the Interagency Agreement
with San Joaquin Regional Transit District for the
Dual Designated Recipient Role for Federal Transit
Administration ( FTA) Funding Programs for the
Stockton Urbanized Area ( UZA)
SUMMARY:
The City of Lathrop has recently launched a new microtransit system —an on -demand, flexible transportation service designed to enhance mobility across the City. The new system uses a variety of funding sources, which include, but are not limited to, the Federal Transit Administration ( FTA) funding.
Presently, the San Joaquin Regional Transit District ( RTD) is the Designated Recipient of FTA funds in the Stockton Urbanized Area, to which the City is within. This means that RTD has the supreme authority to apportion the respective federal transit funds in the cities of Stockton and Lathrop that are in the Stockton Urbanized Area. With the City of Lathrop now running its own transit system, city staff asserts it is time to divide the role of apportioning these federal transit dollars between RTD and the City of Lathrop. RTD is the primary bus transit provider for the City of Stockton, and the City of Lathrop is the primary bus transit provider for the City of Lathrop. This would require the identification of " Dual Designated Recipients" for the Stockton Urbanized Area. Dividing the control of where the public transit dollars go in each City is a commonsense solution that allows City residents to be effectively represented. This approach is simple, funding decisions for public transit in the City are made by the City Council, and likewise, funding decisions for all other areas in the Stockton Urbanized Area continue to be made by RTD.
FTA Circulars 9050 1. A, 5010 1. F and 8100, 1. D, as amended, define the roles and responsibilities of a Designated Recipient, including seeking the approval of the Governor of California, which would be filed with FTA Region 9 Regional Administrator for new Designated Recipients.
A draft agreement between RTD and the City describes a Dual Designated Recipient which allows the City of Lathrop Council to have apportionment responsibilities for respective federal transit dollars in the city limits and RTD has responsibility over CITY MANAGER' S REPORT PAGE 2
JUNE 8, 2026 CITY COUNCIL REGULAR MEETING
DUAL DESIGNATED RECIPIENT ROLE FOR FEDERAL TRANSIT
ADMINISTRATION ( FTA) FUNDING PROGRAMS FOR THE STOCKTON
URBANIZED AREA
everything else. Specific Federal Transit Administration programs are identified within the agreement, including how funding apportionments will be split between the proposed two Designated Recipients. This agreement provides technical details to ensure transparency in the process of identifying the Dual Designated Recipients for the Stockton Urbanized Area.
BACKGROUND:
RTD has served as the Designated Recipient for FTA formula funds for the Stockton Urbanized Area. The City became a part of the Stockton Urbanized Area in the 2000 Census; however, it did not operate a public transit program until April 1, 2025, so the FTA funds have historically been split between RTD and San Joaquin Regional Rail Commission ( RRC). In May 2025, RTD convened a process to allocate FTA funds in the Stockton Urbanized Area, to which the City received FTA funding as well as authorization to become a Direct Recipient.
In the following year —this current year —the result of the 2026 process for Federal Fiscal Year 2026 apportionment is identified in the table entitled, " FFY 2026 FTA Apportionments."
FFY 2026 FTA APPORTIONMENTS
STOCKTON, CA
UACE CODE: 85087
Bus Tier ( San Joaquin RTD)
Bus Tier (City of Lathrop)
Fixed Guideway Tier (SJRRC/ ACE)
Total Apportionment to Stockton UZA
Section 5307 & 5340
Urbanized Area
Apportionment
Section 5339a Section 5337
Bus and Bus High Intensity Fixed
Facilities Guideway State of
Good Repair
7, 941, 056 $ 1, 274, 321
2, 939, 603 $ 292, 706
6, 356, 299
Total
9, 215, 377
3, 232, 309
2, 832, 053 $ 9, 188, 352
17, 236, 958 $ 1, 567, 027 2, 832, 053 $ 21, 636, 038
At the conclusion of the 2026 process, the City, RTD, RRC, and San Joaquin Council of Governments ( SJCOG) discussed a concept raised by the City Manager about a Dual Designated Recipient. Under this framework, RTD would no longer make funding decisions in the City of Lathrop. All agencies discussed at length how the proposed process would work with a Dual Designated Recipient. A foundational understanding was that every step would be in accordance with FTA regulations. The discussion among the respective staff was concurrently on basic apportionment assumptions for each Designated Recipient. These parameters are spelled out in the attached draft Interagency Agreement. This Interagency Agreement does not allocate funding to either party but merely identifies roles CITY MANAGER' SREPORT PAGE 3
JUNE 8, 2026 CITY COUNCIL REGULAR MEETING
DUAL DESIGNATED RECIPIENT ROLE FOR FEDERAL TRANSIT
ADMINISTRATION ( FTA) FUNDING PROGRAMS FOR THE STOCKTON
URBANIZED AREA
and funding apportionment shares. Each party would be ultimately responsible for deciding how the monies are split to eligible transit operators in their role as a Designated Recipient per FTA regulations.
RTD and the City developed the proposed Interagency Agreement, which would recommend the City of Lathrop become a Dual Designated Recipient for FTA Sections 5307 & 5340 and Section 5339. As a Designated Recipient, the City of Lathrop Council has the authority to initiate a funding process to determine how to split transit funds in the Lathrop area. As part of the proposed framework in the distribution of FTA apportionment between the City and RTD, the City would receive the following and would make the final determination on how to split among eligible transit providers:
NTD ( National Transit Database) vanpool revenue miles ( and vanpool incentive) with an origin and destination in the City of Lathrop; NTD City of Lathrop bus transit revenue miles ( and City of Lathrop bus transit incentive); and
City of Lathrop population, population density, and low- income population in the Stockton Urbanized Area.
RTD shall be responsible for apportionments derived from everything else not identified for the City. This includes NTD RTD and rail ( fixed guideway) public transit revenue miles; vanpool service revenue miles that do not have an origin and/ or destination in the City; corresponding bus and fixed guideway incentives; population, population density, and low- income population in the Stockton Urbanized Area with the exclusion of the City.
It should be noted that the City will not have the responsibility of FTA Section 5337 funding, which is specific to fixed guideway operations ( i.e., rail transit); this responsibility remains with RTD. In addition, RTD and the City acknowledge that the California Department of Transportation serves as the Designated Recipient for the FTA Section 5310 - Enhanced Mobility of Seniors and Individuals with Disabilities program funding within the Stockton Urbanized Area.
Upon execution of this Interagency Agreement, the City and RTD will submit a copy of the executed agreement to SJCOG. Under Federal Regulations, SJCOG will need to pass a resolution documenting concurrence by the parties, and then the City and RTD would submit a request to the Governor of California to approve the Dual Designated Recipients. Once the Governor approves these designations, this state approval supersedes any Interagency Agreement at the local level.
CITY MANAGER' S REPORT PAGE 4
JUNE 8, 2026 CITY COUNCIL REGULAR MEETING
DUAL DESIGNATED RECIPIENT ROLE FOR FEDERAL TRANSIT
ADMINISTRATION ( FTA) FUNDING PROGRAMS FOR THE STOCKTON
URBANIZED AREA
REASON FOR RECOMMENDATION:
With the City becoming a Designated Recipient, the City would need to establish a process to distribute funding within its portion of the Stockton Urbanized Area for potential Direct Recipients and/ or subrecipients. This distribution will also include a distribution to the City for its transit needs, which is no different than RTD distributing funds to their agency as part of their process. The key change with this role is that RTD will no longer be making funding decisions from these respective federal transit funds for the City.
Staff recommends that the City Council adopt a resolution authorizing the City Manager or his designee to execute the Interagency Agreement with San Joaquin Regional Transit District for the Dual Designated Recipient. This will enable the Lathrop City Council to have authority over federal transit funding allocations derived in the City of Lathrop and to assess how various transit programs serve Lathrop residents.
FISCAL IMPACT:
If the City is approved as a Dual Designated Recipient for the 2027 FTA process, this will mean the City of Lathrop Council will have the authority to decide where approximately) $ 3 million in transit funds each year are allocated. ( Note: this figure will change year to year). Because funding split decisions are made annually, the precise fiscal impact is determined annually. Staff anticipates that the FTA funding will be used to support Lathrop Transit operations and capital needs for Federal Fiscal Year 2026 and beyond. There is no impact to the General Fund.
ATTACHMENTS:
A. Resolution to Authorize the City Manager or Designee to Execute the Interagency Agreement with San Joaquin Regional Transit District for the Dual Designated Recipient Role for Federal Transit Administration ( FTA) Funding Programs for the Stockton Urbanized Area ( UZA) B. Interagency Agreement for the Dual Designated Recipient Designation CITY MANAGER' SREPORT PAGE 5
JUNE 8, 2026 CITY COUNCIL REGULAR MEETING
DUAL DESIGNATED RECIPIENT ROLE FOR FEDERAL TRANSIT
ADMINISTRATION ( FTA) FUNDING PROGRAMS FOR THE STOCKTON
URBANIZED AREA
APPROVALS:
6/ 3/ Zet tQ
Thomas Hedegard Date
Deputy City Manager
1. Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
AUTHORIZING THE EXECUTION OF AN INTERAGENCY AGREEMENT BETWEEN
SAN JOAQUIN REGIONAL TRANSIT DISTRICT AND THE CITY OF LATHROP FOR
THE DUAL DESIGNATED RECIPIENT ROLE FOR FEDERAL TRANSIT
ADMINISTRATION ( FTA) FUNDING PROGRAMS FOR THE STOCKTON
URBANIZED AREA
WHEREAS, the City of Lathrop is a public transit operator within the Stockton Urbanized Area and started Lathrop Transit on April 1, 2025; and WHEREAS, in May 2025, the City of Lathrop became a Direct Recipient of Federal Transit Administration ( FTA) funding programs within the Stockton Urbanized Area; and
WHEREAS, the City of Lathrop convened meetings with the San Joaquin Regional Transit District ( RTD), San Joaquin Regional Rail Commission ( RRC), and San Joaquin Council of Governments ( SJCOG) and discussed a framework to implement a Dual Designated Recipient approach for the allocation of funds within the Stockton Urbanized Area; and
WHEREAS, as a result of the meetings, the technical parameters discussed have been spelled out in an Interagency Agreement drafted by the City of Lathrop and the San Joaquin Regional Transit District to be considered by their respective governing authority; and
WHEREAS, A Designated Recipient, upon approval by the Governor of California, is responsible for the sub - allocation of allocated funds to its apportionment area to support public transit operational and capital needs and is required to coordinate with the Metropolitan Planning Organization for the programming of funds in the Federal Transportation Improvement Program; and WHEREAS, the City of Lathrop has demonstrated the legal, technical, and financial capacity to manage FTA funds and become a Designated Recipient as defined in FTA Circular 9050 1. A as amended; and
WHEREAS, becoming a Dual Designated Recipient with RTD in the Stockton Urbanized Area will allow the City Council of the City of Lathrop to be able to make decisions on how to split the apportioned funds identified in the Interagency Agreement to eligible transit operators that serve the City of Lathrop; and WHEREAS, a Dual Designated Recipient allows City residents to be more effectively represented by the City Council of the City of Lathrop in the Stockton Urbanized Area funding split process; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lathrop that the City Manager or his designee is authorized to execute the Interagency Agreement with San Joaquin Regional Transit District; and BE IT FURTHER RESOLVED that the City Manager be authorized to coordinate with RTD to implement any actions necessary to facilitate the implementation of the City of Lathrop to become a Dual Designated Recipient within the Stockton Urbanized Area, including but not limited to submitting this Resolution to SJCOG and coordinating with the Governor' sOffice of the State of California for the approval of the City of Lathrop to become a Designated Recipient of FTA Formula Program funds.
The foregoing resolution was passed and adopted this 8th day of June 2026, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Attachment B
Interagency Agreement
between
San Joaquin Regional Transit District
and the
City of Lathrop
for the
Dual Designated Recipient Designation
for
Federal Transit Administration Funding Programs
for the
Stockton Urbanized Area
This Interagency Agreement is entered into by and between the San Joaquin Regional Transit District ( RTD) and the City of Lathrop, herein referred to collectively as the Parties, or individually as a Party.
WHEREAS, per the 2020 United States (" US") Decennial Census, the Stockton Urbanized Area has a population of over 200, 00 people, and this urbanized area includes the population of the City of Lathrop; and
WHEREAS, per the Federal Transit Administration, the Stockton Urbanized Area is considered a large urbanized area; and
WHEREAS, a
large urbanized area can have one or more Designated Recipient( s), and that selection( s) is made by the Governor of California; and WHEREAS, the San Joaquin Regional Transit District and the City of Lathrop mutually agree to serve as dual Designated Recipients for Federal Transit Administration ( FTA) programs Sections5307 & 5340, and FTA Section 5339( a); and
WHEREAS, the parties desire to set forth the roles and responsibilities for each agency acting as dual Designated Recipients for each of the FTA programs as described herein; and WHEREAS, RTD and the City of Lathrop wish to enter this Interagency Agreement to document funding and administrative efforts for development of FTA Programs of Projects for FTA funding for the Stockton Urbanized Area.
NOW THEREFORE, the parties do mutually agree as follows:
1. The above recitals are true and correct and incorporated herein.
2. Overview and Introduction
A. The purpose of this Interagency Agreement is to document and agree to serve as dual Designated Recipients for the Stockton Urbanized Area (" UZA").
B. The Parties agree that the UZA shall have dual Designated Recipients as follows:
Interagency Agreement between RTD and City of Lathrop Page 1 of 10 i. San Joaquin Regional Transit District (" RTD"); and
ii. City of Lathrop
C. The Federal Transit Administration (" FTA") requires Designated Recipient( s) for the following Federal Formula Funding Programs that are the subject of this Interagency Agreement:
i. FTA Sections 5307 and 5340 - Urbanized Area Funding Grants ii. FTA Section 5339( a) - Grants for Buses and Bus Facilities Formula Program Not subject to this Interagency Agreement is the FTA Section 5337 State of Good Repair Grants Program and/ or any other FTA funding programs not identified in C( i) and C( ii). The Parties acknowledge that the California Department of Transportation serves as the Designated Recipient for FTA Section 5310 - Enhanced Mobility of Seniors and Individuals with Disabilities program within the UZA.
D. Funding will be apportioned to Designated Recipients to support the transit needs for the UZA and may be further allocated by the Designated Recipients to other public transit providers in the UZA. The Designated Recipients will serve the following roles:
i. Receive and apportion funds to eligible projects and recipients in UZA ( conveyed through Split Letter to FTA).
ii. Develop program of projects (" POP") for Sections 5307 & 5340 and 5339( a) funds that includes suballocation of funds to Direct Recipients or Subrecipients and project descriptions and corresponding costs.
iii. Ensure the POP meets program requirements and coordinate with the San Joaquin Council of Governments acting as the Metropolitan Planning Organization (" MPO") to ensure projects in POP are included in MPO planning and project programming products (e.g., Regional Transportation Plan (" RTP"), Federal Transportation Improvement Program (" FTIP")).
iv. Sub -allocation of funds to Direct Recipients and Subrecipients is a local decision based on local needs in coordination with the Designated Recipients through a defined process that the Parties wilt develop for their respective areas.
3. Term
The term of this Interagency Agreement shall commence when the agreement secures approval by the San Joaquin Regional Transit District Board and the City of Lathrop Council and when the Governor of California approves the Dual Designated Recipients, unless otherwise modified. Terminating the Interagency Agreement does not terminate the Governor of California dual designation for the UZA.
4. Roles and Responsibilities
A. The City of Lathrop shall be responsible for apportionments that are a result of National Transit Database vanpool revenue miles ( and vanpool incentive) with an origin and destination in the City of Lathrop; National Transit Database, City of Lathrop bus transit revenue miles ( and City of Lathrop bus transit incentive); City of Lathrop population, population density, and low- income population in the UZA.
InteragencyAgreement between RTD and City of Lathrop Page 2 of 10 B. RTD shall be responsible for apportionments derived from everything else not identified for City of Lathrop in sections 4A and 4C. This includes National Transit Database RTD and rail fixed guideway) public transit revenue miles; vanpool service revenue miles that do not have an origin and/ or destination in the City of Lathrop; corresponding bus and fixed guideway incentives; population, population density, and low- income population in the UZA with the exclusion of City of Lathrop.
C. The parties agree to the following allocation of funds between the dual Designated Recipients for the FTA Sections 5307 & 5340 and FTA Section 5339( a) programs:
i. RTD and City of Lathrop shall both serve as Designated Recipients for these federal funding programs.
ii. RTD and the City of Lathrop shall convene once the FTA releases annual apportionments for these FTA funding programs to review and agree upon apportionment amounts between RTD and City of Lathrop, no later than 30 business days after the release of apportionments by FTA. RTD and City of Lathrop jointly agree SJCOG will calculate the apportionment amounts based upon the parameters of this agreement for review by RTD and City of Lathrop.
iii. Annually, FTA Sections 5307 & 5340 and Section 5339( a) funding shall be allocated as follows with the allocation amounts prepared by SJCOG using the defined formula:
Lathrop Population - based, Lathrop Population x Density - based and Lathrop Low - Income - based revenues shall be allocated to City of Lathrop.
Attributable performance -based vanpool revenue miles are those revenues apportioned by FTA based on data reported to the National Transit Database associated with vanpool transit operations with an origin and/ or destination in City of Lathrop, and any corresponding vanpool incentives will be allocated to City of Lathrop.
Attributable performance - based City of Lathrop bus transit revenue apportioned by FTA based on data reported to the National Transit Database and any related City of Lathrop bus incentive will be allocated to the City of Lathrop.
Everything else in FTA Sections 5307 & 5340 and Section 5339( a) revenue mites attributable to bus and rail (fixed guideway) transit operator performance shall be allocated to RTD as follows:
Attributable performance - based revenues for rail transit ( fixed guideway) service and fixed guideway incentive will be allocated to RTD.
Attributable performance -based revenues for RTD bus transit service and RTD bus incentive will be allocated to RTD.
Attributable performance -based vanpool revenue reported to the National Transit Database, and corresponding bus incentive, that do not have an origin and destination in the City of Lathrop will be allocated to RTD.
D. For FTA Section 5337 Fixed Guideway program, the parties agree that RTD will serve as the Designated Recipient for this federal funding program.
5. Relationship and Third Parties
Nothing in the Interagency Agreement creates any partnership, principal -agent, employer - employee or joint venture relationship between the Parties or any of their agents or employees for any purpose. The Interagency Agreement is for the sole benefit of the parties InteragencyAgreement between RTD and City of Lathrop Page 3 of 10 and is not intended to confer any rights on any other person; there are no third -party beneficiaries of this Interagency Agreement.
6. Designated Representatives & Notices
Parties shall establish a Designated Representative for administering this Interagency Agreement. Any notice or consent required or permitted to be given under this Interagency Agreement shalt be given to the respective parties in writing, by personal delivery, or with postage prepaid by first class mail, registered or certified mail, or express courier service, to the Designated Representative. Those representatives are shown below:
Agency Contact Individual and Information
RTD Mr. Bearnard O. Veasley
Interim Chief Executive Officer
San Joaquin Regional Transit District
421 E. Weber Avenue
Stockton, CA. 95202
City of Lathrop Mr. Stephen J. Salvatore
City Manager
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
RTD and City of Lathrop may modify their Designated Representative by providing in writing the new individual' scontact name and information to the other party' s Designated Representative. The parties may also provide notice at such other address or to such other person that the parties may from time to time designate in accordance with this Notices section. If sent by first class mail, notices and consents under this section shall be deemed to be received five ( 5) days following their deposit in the U. S. mail. This Notices section shall not be construed as meaning that either party agrees to service of process except as required by applicable law.
7. Indemnification
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to California Government Code Section 895. 6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead all parties agree that pursuant to California Government Code Section 895. 4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by California Government Code Section 810.) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Interagency Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Interagency Agreement.
InteragencyAgreement between RTD and City of Lathrop Page 4 of 10
8. Entire Interagency Agreement and Amendments
In conjunction with the matters considered herein, this Interagency Agreement contains the entire understanding and agreement of the Parties, and there have been no promises, representations, agreements, warranties or undertakings by any of the Parties, either oral or written, of any character or nature hereafter binding except as set forth herein. This Interagency Agreement may be altered, amended or modified only by an instrument in writing, executed by the Parties to this Interagency Agreement and by no other means. Each Party waives their future right to claim, contest, or assert that this Interagency Agreement was modified, canceled, superseded, or changed by any oral agreements, course of conduct, waiver, or estoppel.
9. Termination
This Interagency Agreement may be terminated by either party for convenience or otherwise upon ninety (90) days of written notification to the other. Terminating the agreement does not terminate the Governor of California' sdesignation of dual Designated Recipients as the termination only affects funding apportionment split between City of Lathrop and RTD.
10. California Law and Jurisdiction
This Interagency Agreement shall be governed by the laws of the State of California. Any litigation regarding this Interagency Agreement or its contents shall be filed in the County of San Joaquin, if in State court, or in the federal district court nearest to San Joaquin County, if in federal court.
11. Compliance with Law
Each party, at its sole cost and expense, shall comply with all Federal, State, Local, Executive Orders, statutes, regulations, circulars, and ordinances, including regulations now in force or which may hereafter be in force as applicable to this Interagency Agreement.
12. Execution of Counterparts
This Interagency Agreement may be executed in any number of counterparts, and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.
13. Authority
All signatories and Parties to this Interagency Agreement warrant and represent that they have the power and authority to enter into this Interagency Agreement in the names, titles and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity( ies), person( s), or firm( s) and that all formal requirements necessary or required by any State and/ orfederal law in order to enter into this Interagency Agreement have been fully complied with.
14. Precedence
In the event of conflict between the provisions contained in other agreements between the parties in existence as of the effective date of this Interagency Agreement between the parties, the provisions contained herein control with respect to FTA dual Designated InteragencyAgreement between RTD and City of Lathrop Page 5 of 10 Recipient roles. If this Interagency Agreement should conflict with either Party' sFTA Master Agreement, the FTA Master Agreement shall control.
15. Debarment and Suspension
The Parties certify that it and its employees and principals are not debarred, suspended, or otherwise excluded from or ineligible for, participation in federal, state, or local government contracts.
16. No Publicity or Endorsement
Neither Party shall use the other Party' s name or logo or any variation of such name or logo in any publicity, advertising, or promotional materials, unless otherwise required. Neither Party will use each other' sname or logo in any manner that would give the appearance that one is endorsing the other. Neither Party shall in any way contract on behalf of or in the name of the other Party. Neither Party shall release any informational pamphlets, notices, press releases, research reports, or similar public notices concerning the other Party or its projects without obtaining the prior written approval of the other Party.
17. Property and Information
The Party providing property, documents, and information for use in connection with the services shall remain the property of that party. Both Parties shall return any such items whenever requested by the other Party and whenever required according to the Termination section of this Interagency Agreement. Each Party may use such items only in connection with providing the services. Neither Party will disseminate any of the other Party' sproperty, documents, or information without prior written consent.
18. Records, Audit, And Review
Each Party shall keep and maintain business records pursuant to this Interagency Agreement for at least four (4) years following the termination of this Interagency Agreement. All accounting records shall be kept in accordance with generally accepted accounting practices. Each Party shall have the right to audit and review all such documents and records at any time during the other Party' sregular business hours or upon reasonable notice. Each Party agrees to participate in any audits and review, whether by the other Party, Federal, or the State, at no charge.
19. Mandatory Disclosure
Each Party must disclose, in a timely manner, in writing to the other party all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the award. Each party is required to report certain civil, criminal, or administrative proceedings to the System for Award Management ( SAM) located at www. sam. gov. Failure to make required disclosures can result in any of the remedies described in Title 2 of the Code of Federal Regulations (" CFR"), section 200. 338 Remedies for Noncompliance, including suspension or debarment. (See also 2 CFR part 180 and 31 U. S. C. 3321.)
20. Civil Rights, Nondiscrimination, and Equal Employment Opportunities Each Party agrees to, and assures that any Third - Party receiving FTA funding will comply with applicable federal laws, regulations, and requirements, and follow applicable federal guidance regarding civil rights, nondiscrimination, and equal employment opportunities including but not limited to:
InteragencyAgreement between RTD and City of Lathrop Page 6 of 10 A. Prohibiting discrimination based on race, color, religion, national origin, sex ( including sexual orientation and gender identity), disability, or age.
B. Complying with federal transit law, specifically 49 USC § 5332 prohibiting discrimination or the exclusion from participation in employment or a business opportunity for reasons identified.
C. Complying with Title VI of the Civil Rights Act of 1964, as amended, 42 U. S. C. §2000d, et seq., and US DOT regulations, " Nondiscrimination in Federally -Assisted Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964," 49 CFR Part 21. Following the most recent edition of FTA Circular 4702. 1, "Title VI Requirements and Guidelines for Federal Transit Administration Recipients," to the extent consistent with applicable federal laws, regulations, requirements, and guidance; Following US Department of Justice " Guidelines for the enforcement of Title VI, Civil Rights Act of 1964," 28 CFR § 50. 3and all other applicable federal guidance that may be issued.
D. Prohibiting discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and: (i) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 USC § 2000e, et seq.; (ii) Comply with Title I of the Americans with Disabilities Act of 1990, as amended, 42 USC §§ 12101, et seq.; (iii) Facilitate compliance with Executive Order No. 11246, "Equal Employment Opportunity" September 24, 1965 ( 42 U. S. C. § 2000e note), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs; (iv) FTA Circular 4704. 1 "Equal Employment Opportunity (" EEO") Requirements and Guidelines for Federal Transit Administration Recipients;" and (v) Follow other federal guidance pertaining to EEO laws, regulations, and requirements.
E. Prohibiting discrimination based on disability in accordance with ( i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, which prohibits discrimination based on disability in the administration of federally assisted Programs, Projects, or activities; ( ii) The Americans with Disabilities Act of 1990 (" ADA"), as amended, 42 USC § 12101, et seq., which requires that accessible facilities and services be made available to individuals with disabilities; (iii) The Architectural Barriers Act of 1968, as amended, 42 USC § 4151, et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; ( iv) Federal transit law, specifically 49 USC § 5332, which now includes disability as a prohibited basis for discrimination; and ( v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities.
21. Survival
All provisions of this Interagency Agreement which by their nature are intended to survive the termination or expiration of this Interagency Agreement shall survive such termination or expiration.
Interagency Agreement between RTD and City of Lathrop Page 7 of 10
22. Severability
If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Interagency Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
23. Remedies Not Exclusive
No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise.
24. Exemption
Each party' sobligations under this Interagency Agreement are subject to the appropriation of resources by the FTA, State Legislature, the State Budget Act authority, and each Party' s governing body.
25. Conflict of Interest.
RTD and the City agree that both Parties are subject to Title 2, Code of Federal Regulations, Section 200. 112 Conflict of Interest.
26. Federal Uniform Guidance.
As applicable, the Parties agree to comply with the requirements of Title 2, Code of Federal Regulations, Part 1201 et seq., which are hereby incorporated by reference.
27. Definitions
The following definitions apply to this Interagency Agreement. Any word not defined herein shall be defined as found in, or in accordance with, first, current FTA regulations or circulars, then, the most current FTA Master Agreement entered into by either party with respect to dual Designated Representation.
A. Density means the number of people per square mile of land area, as reported by the US Census to FTA.
B. Designated Recipient means one or more agency( ies) designated by the Governor or their designee to apply directly for, receive, manage, and sub -allocate grants for specified FTA formula programs.
C. Direct Recipient means an agency that receives FTA formula grants based on a split or suballocation letter.
D. Incentive Portion of Tier means additional 5307 and 5339( a) funding awarded on the basis of a relatively high level of passenger miles and/ orrelatively low operating costs.
E. RTD Bus and Fixed Guideway Transit Service means RTD operated and/ or controlled bus transit and San Joaquin Regional Rail Commission vehicle trips, routes, or lines.
F. City of Lathrop Public Transit Service means vehicle trips, routes and services reported to the National Transit Database for City of Lathrop operated and/ or controlled bus transit.
Interagency Agreement between RTD and City of Lathrop Page 8 of 10 G. Lathrop Vanpool Transit Service means vanpool trips or routes which begin or end within the City of Lathrop operated by the San Joaquin Council of Governments' Dibs Program.
H. All Other Vanpool Transit Service means vanpool trips or routes which begin or end outside the City of Lathrop, but within the Stockton Urbanized Area operated by the San Joaquin Council of Governments' Dibs Program.
I. Origin means where a transit vehicle trip, route, or line begins revenue service.
H. Population means the number of people in a given area according to the US Census Bureau.
I. Low -Income Population means it refers to persons with incomes of up to 150% of poverty, per the American Community Survey Table " Age by Ratio of Income to Poverty in the Last Twelve Months", as reported by the US Census Bureau to FTA.
J. Revenue Miles mean the number of miles a transit vehicle travels when it is available to the general public, and there is an expectation of carrying passengers.
K. Split Letter means documentation sent to FTA showing how the FTA Sections 5307 & 5340, 5337 and 5339( a) formula apportionments will be split among multiple Direct Recipients in large, urbanized areas. FTA can only make grants to Direct Recipients after the Designated Recipient provides a Split Letter to the FTA regional office.
Interagency Agreement between RTD and City of Lathrop Page 9 of 10 This Interagency Agreement is entered into in San Joaquin County and shall be effective on the last date appearing below, executed by the parties.
SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Derek Graves
Chair, RTD Board of Directors
ATTEST:
Bearnard Veasley
Interim Chief Executive Officer, RTD
CITY OF LATHROP
Paul Akinjo
Mayor, City of Lathrop
ATTEST:
Stephen J. Salvatore
City Manager, City of Lathrop
APPROVED AS TO FORM:
Salvador Navarrete
City Attorney, City of Lathrop
DATE:
DATE:
DATE:
DATE:
DATE: ( 117A 110
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