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Resolution to Ratify the GreenDOT Agreement for Study - Deputy Director Riske-Gomez
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Requested Action(s)
recommendation
Adopt the Resolution 11-2024 to ratify and affirm the Agreement for the Climate Implementation Program Development.
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Financial Impact:
$247,576.48 in Federal and State funding.
Background Information:
Resolution 02-2022: Designated Authority, directs staff to execute or administer all related work, including but not limited to: allocation requests, certificate of assurances, standard agreements, exchange agreements, fund transfer agreements, final expenditure reports, grant proposals and all related work, fixed asset procurement, invoices, reports, request for proposals, amendments, budget updates, correspondence, and California Transportation Commission (CTC) agenda items for State Transportation Improvement Program (STIP) projects.
Resolution 02-2022 further authorizes the Executive Director or The Deputy Director-Transportation to execute all documents related to transportation funding. Staff, due to extensive delay in approvals of the agreement include herein, utilized the signature authority of the Executive Director to execute the AGREEMENT BETWEEN THE TEHAMA COUNTY TRANSPORTATION COMMISSION AND GREENDOT TRANSPORTATION SOLUTIONS FOR THE CLIMATE IMPLEMENTATION PROGRAM DEVELOPMENT on October 2, 2024.
Resolution 11-2024 ratifies the actions taken by the Executive Director of the Commission on October 2, 2024 (attached) to execute the agreement in order to avoid further delay which jeopardizes the utilization of the Regional Early Action Planning (REAP) funding which is set to expire December 31, 2024.
Delays leading to staffs’ decision to execute and request ratification is contributed to:
• REAP funding project application approval.
o The project funding application was originally submitted on January 26, 2021 and version eight (8) was approved August 22, 2022.
• Carbon Reduction Program (CRP) funding awarded to project.
o Additional CRP funding was paired with REAP and approved by the Commission on January 30, 2023, while the project was concurrently being advertised for award. Agreement award was delayed in order to process the necessary Project Application and programming requests.
o The Climate Implementation Program project was successfully programmed in the Federal Statewide Transportation Improvement Program (FSTIP) on October 31, 2023.
o Preliminary Environmental Screening for Non-Infrastructure Projects was approved on December 1, 2023.
• The Requests for Proposal (RFP) for the project had to be readvertised.
o The RFP was distributed to the Caltrans D2 due to the need of a Disadvantaged Business Enterprise goal that was later set for the project at 8%. However, as the project was awarded through FHWA to the Transportation Commission, Caltrans required the adoption of a Master Fund Transport Agreement (MFTA) for the Funds.
o TCTC has an MFTA for planning funding with the State of California Department of Transportation however, a separate MFTA is required for Planning/Construction funding from FHWA.
• Pre-award Audit.
o In order to process the MFTA Agreement a Pre-Award Audit was requested by District 2 to the California Internal Audit Office (CIAO). The audit was conducted and concluded on April 29, 2024, and the Final Report was completed May 1, 2024.
• Corrective Action Plan.
o The California Department of Transportation’s (Caltrans) Division of Local Assistance (DLA) required corrective actions for the findings described in the Pre-Award Audit File 24PRE.A05, for the Tehama County Transportation Commission (TCTC) dated May 1, 2024.
• Approval to Re-Advertise.
o The MFTA was approved June 26, 2024, by the Office of Project Management Oversight and the Project Authorization/Adjustment Form was submitted to D2.
o Confirmation that the 8% DBE goal appeared to be reasonable and appropriate was received on July 15, 2024.
o Funding was Authorized on July 31, 2024, and TCTC was given permission to proceed.
o The RFP for the Climate Implementation Program project development agreement was readvertised for 30 days starting August 12, 2024.
• Sole Source Award.
o Questions were received between both solicitations from two interested parties however no proposals were submitted by the September 12, 2024, deadline.
o To award the agreement both parties were contacted, and GreenDOT Transportation Solutions was available to perform the work.
o A Public Interest Finding was submitted to Caltrans District 2 and was approved on September 23, 2024.
• REAP Funding Expiration.
o Staff approached the California Department of Housing and Community Development (HCD) to request an extension to the funding expenditure deadline but were informed that the deadline was set by statute and immovable.
o Staff followed up with HCD on October 2, 2024, and were allowed to move forward under their oversite.
o The Agreement was executed by Executive Director Simon and the project proceeded on October 3, 2024.