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SUBRECIPIENT COOPERATIVE AGREEMENT
BETWEEN
MENDOCINO COUNCIL OF GOVERNMENTS
AND
CITY OF UKIAH
THIS CONTINUING COOPERATIVE AGREEMENT ("Agreement") is made and entered into effective July 1,
2022 between City of Ukiah ("Subrecipient") and Mendocino Council of Governments ("MCOG"), a Joint
Powers Authority (JPA) and the Regional Transportation Planning Agency for Mendocino County,
California.
WHEREAS,this agreement covers certain local,state or federal funds administered by and through MCOG
that are allocated to Subrecipient for projects and services,and sets forth the terms and conditions under
which these funds are to be expended and reimbursed, including:
o Local Transportation Funds (LTF) under the Transportation Development Act (TDA)
o State Rural Planning Assistance (RPA)
o State Planning, Programming& Monitoring (PPM)
o Surface Transportation Block Grant (STBG) Program
o Regional Early Action Planning(REAP) through Housing& Community Development (HCD)
o Other funding sources, such as grants, to be identified as applicable annually;
WHEREAS, MCOG's annual Transportation Planning Overall Work Program (OWP) is part of an agreement
with the State of California Department of Transportation (hereinafter referred to as Caltrans or State),
which includes the Overall Work Program Agreement (OWPA) and Master Fund Transfer Agreement
(MFTA), and together, the OWP, the OWPA and MFTA set forth the terms and conditions under which
state and federal planning funds are to be expended by MCOG and its subrecipients;
WHEREAS, MCOG's Regional Early Action Planning (REAP) grant funds are part of an agreement with the
State of California Department of Housing&Community Development (hereinafter referred to as HCD or
State), which includes the Standard Agreement with Exhibits A through D that set forth the terms and
conditions under which state planning funds are to be expended by MCOG and its subrecipients;
WHEREAS,Subrecipient is eligible to apply for and receive state and federal financial assistance as a public
body corporate and politic of the State of California;
WHEREAS,Subrecipient has agreed to participate with MCOG, local and state agencies,the general public,
and the private sector in planning efforts to identify and plan policies, strategies, programs and actions
that maximize and implement the regional transportation and housing infrastructure, consistent with
MCOG's adopted OWP and grant agreements, and to participate in the regional planning process;
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WHEREAS, MCOG and Subrecipient intend to cooperate to ensure the timely development, adoption and
implementation of integrated comprehensive regional plans and policies,as set forth by federal and state
requirements and guidelines; and
WHEREAS,for any terms or conditions covered under this AGREEMENT that may be superseded by other
grant or fund agreement(s) signed by MCOG, an exhibit identifying "Special Conditions" shall prevail;
therefore
IT IS MUTUALLY AGREED THAT:
1. Annual Agreement with Subrecipient and Amendments
a. This AGREEMENT constitutes a five-year Continuing Master Agreement, and may be amended by
mutual written agreement. Exhibits are subject to annual renewal. The fiscal year begins July 1
and ends June 30.The term of this AGREEMENT follows the previous agreement expired June 30,
2022, continuing July 1, 2022 through June 30, 2027.
b. This AGREEMENT includes an exhibit detailing "Subrecipient Scope of Work and Budget" (Exhibit
A) and an optional "Sample Subrecipient Invoice" (Exhibit B) hereinafter referred to as Exhibits A
and B respectively, attached hereto and incorporated herein by reference. Any proposed
amendment to the Scope or Budget (Exhibit A) must be made in advance by written amendment
and is subject to approval by Caltrans or any state or federal agency having jurisdiction.
c. This agreement includes MCOG's "Adopted Policies & Instructions," attached as Exhibit C.
d. This AGREEMENT may include "Special Conditions" hereinafter referred to as Exhibit D, attached
hereto. This Exhibit D is purposed to outline requirements for other funds as may be applicable
annually.
e. MCOG's maximum payment obligation to Subrecipient is limited to those funds identified in
Exhibits A and D.
f. Billable work cannot be performed without this fully signed AGREEMENT and corresponding
notice to proceed.
2. Scope of Subrecipient Responsibilities
a. Subrecipient shall be responsible for the complete performance of the work described in Exhibits
A and D.
b. In accordance with Uniform Guidance 2 CFR 200, sections 318 through 326, inclusive and
applicable state laws and procedures, Subrecipient contracts for work identified in the attached
Exhibit A under "Consultant Work" are required to be competitively bid and awarded in
accordance with 2 CFR 200 sections 318 through 326, inclusive and consistent with the Caltrans
Local Assistance Procedures Manual, Chapter 10, or successors thereto, or applicable
procurement procedures as required by funding source.
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c. Subrecipient shall ensure that its Contractor(s)and Subcontractor(s)comply with all provisions of
this agreement.
3. Time of Performance
The services provided pursuant to this AGREEMENT shall begin upon issuance of a Notice to Proceed
by MCOG to Subrecipient and shall continue until completion, but not later than June 30 of each year,
unless an extension of time is approved by MCOG in writing.
4. Materials to be Furnished to Subrecipient
a. At the option of MCOG, and if allowable under federal and state requirements, MCOG may
procure equipment, software, or other materials for use by Subrecipient, only for purposes of
carrying out work described under this AGREEMENT. Subrecipient agrees to comply with all
license agreements for software or other materials procured by MCOG for use by Subrecipient.
b. All equipment or other materials provided to Subrecipient under this AGREEMENT shall remain
the property of MCOG and shall be returned to MCOG upon project completion or termination,
unless other terms are mutually agreed to in writing.
5. Invoices, Reporting and Deliverables
a. In performing the work described in Exhibit A, Subrecipient may incur only the costs authorized
by Exhibit A. Said costs shall comply with Section 6 (Cost Principles) of this AGREEMENT.
Subrecipient shall submit to MCOG, not more frequently than every month, but at least annually,
each requisition for payment (invoice), unless no funds were expended during the fiscal year.
b. Subrecipient shall submit the following relative to an invoice:
i. An invoice with supporting documentation, including a summary list of expenses with date,
payee, description and amount of each expenditure, and including, but not limited to,
documentation of per diem as allowed (refer to Section 5d), in accordance with Exhibit B.
ii. Any additional information or documentation to support the costs contained in the invoice if
requested by MCOG.
iii. Subrecipient shall retain backup documentation supporting the invoiced costs, such as
receipts,for the Records Retention period specified in Section 8(b) of this AGREEMENT.
c. For Work Elements in the Transportation Planning OWP,Subrecipient shall submit an invoice with
supporting documentation to MCOG no later than thirty(30)days after the fiscal year ending June
30. Invoices received by MCOG after July 31 for the preceding fiscal year shall not be paid. This
deadline may be waived if mutually agreed to by MCOG and Subrecipient, in writing.
d. For travel and subsistence (per diem) expenses of Subrecipient and its contractors, rates shall not
exceed rates authorized to be paid rank and file state employees under current State Department
of Personnel Administration (DPA) rules. If the rates invoiced by Subrecipient are in excess of DPA
rates, MCOG will not reimburse those amounts in excess of the DPA rates. Mileage
reimbursements shall not exceed the federal business mileage rate (www.irs.gov).Travel and per
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diem reimbursements and third-party contract reimbursements to subcontractors will be
allowable as project costs only after those costs are incurred and paid for by the subcontractors.
e. Payment of Subrecipient invoices is contingent upon receipt by MCOG of the above
documentation provided by Subrecipient, consistent with Sections 6 through 8 of this
AGREEMENT. Payment to Subrecipient is further contingent upon MCOG's determination that the
performance of Subrecipient meets federal, state and MCOG standards. MCOG shall review
Subrecipient invoices and submit them to the County Auditor-Controller for payment within thirty
(30) days of receipt.
f. Subrecipient shall not be entitled to reimbursement of indirect costs unless a
copy of a federal cognizant agency-approved, indirect cost allocation plan has been received by
MCOG prior to submittal of the first invoice from Subrecipient.
g. Subrecipient mark-up of direct expenses or of subcontractor invoices are not allowable;therefore,
MCOG will not pay Subrecipient for any such increases to actual costs incurred.
h. Subrecipient shall provide a quarterly progress report, in narrative form, that describes progress
toward completion of tasks, projects, and products, as well as conformance with project
schedules and reporting of all costs incurred for the work elements contained in Exhibit A, no later
than thirty (30) days after close of the quarter.
i. Subrecipient shall provide hard copies of all completed products and/or deliverables to the
assigned MCOG Project Manager, and in a commonly used electronic format, at the discretion of
the MCOG Project Manager, as referenced in Section 7 of this AGREEMENT, according to the
schedule of deliverables in Exhibit A.
j. All final reports and documents produced under this AGREEMENT through the Transportation
Planning OWP shall include the following statement:
"The preparation of the report was financed in part through [insert funding source and
agency]as facilitated by Mendocino Council of Governments as the Regional
Transportation Planning Agency."
Alternatively, certain language may be required by state or federal funding agencies, to be
specified in Exhibit D.
6. Cost Principles
a. Subrecipient agrees to be bound by and comply with, and shall require its Consultants and/or
Contractors to comply with, the following (refer to eCFR :: Title 2 of the CFR -- Grants and
Agreements):
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i. 2 CFR, Subtitle A, Chapter II, Part 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards, shall be used to determine the allowability of
individual project cost items; and
ii. The federal administrative procedures in accordance with Uniform Guidance 2 CFR, Subtitle
A, Chapter II, Part 200 "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments."
b. Any costs for which Subrecipient receives payment or credit that is determined by a subsequent
audit or other review by either MCOG, Caltrans, or other state or federal authorities to be
unallowable under, but not limited to,2 CFR Part 200 or 48 CFR Chapter 1, Part 31,shall be repaid
by Subrecipient within thirty(30) days of Subrecipient receiving notice of audit findings.
c. All costs charged to this AGREEMENT by Subrecipient shall be supported by properly executed
payrolls showing labor(wage) rates per hour,time records,and invoices and vouchers evidencing
in proper detail the nature of the charges.These costs shall comply with the cost principles cited
above in Section 6(a) of this AGREEMENT.
7. Written and Electronic Versions of Work Products and Related Materials
a. Subrecipient shall provide copies of all of its deliverables,as well as support data created pursuant
to Exhibit A, to MCOG in an approved electronic format. Hard copies will also be provided to
MCOG upon request. Related materials, including any reports, newsletters, or other written
materials, will also be provided in hard copy and/or electronic format, upon request by MCOG.
b. Any graphics or images accompanying the text of these written materials shall be
included in the electronic version, in a format (e.g. JPEG, BMP, or PNG) as requested by MCOG
staff. The quality of the images will be a minimum of 300-600 DPI resolution, typically a file size
of 3MB or more.
c. The electronic versions of all written materials, data files, and accompanying graphics or images
shall, when printed or otherwise displayed, appear in the identical format, location, quality, and
state of replicating in which they appear in the hard copy versions.
d. Materials in the electronic version shall be presented to MCOG in a medium pre-approved in
writing by the MCOG Project Manager. For reports this would typically be in Microsoft Word and
Adobe Acrobat(or equivalent) PDF formats.
e. The applicable funding agency shall have a royalty-free, nonexclusive and irrevocable license to
reproduce, publish or otherwise use, and authorize others to use, work products funded under
this AGREEMENT for government purposes.
8. Records Retention and Audits
a. If Subrecipient receives Local Transportation Funds,Subrecipient shall submit to MCOG an annual
certified fiscal audit conducted by an entity other than itself, in compliance with the
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Transportation Development Act (TDA), Section 99245. A report on the audit shall be submitted
to MCOG and to the State Controller within 180 days after the end of the fiscal year. However,
MCOG may grant an extension(s) not to exceed a total of 90 days in writing, at its sole discretion.
The report shall include a certification that the funds allocated to Subrecipient pursuant to TDA
were expended in conformance with all applicable laws, rules and regulations. Except for the first
report,the report shall also include the audited amounts for the fiscal year prior to the fiscal year
audited.
b. For the purpose of determining compliance with California Government Code section 8546.7, as
well as any other state or federal law or regulation, Subrecipients and their contractors shall
maintain all source documents, books, and records connected with their performance of work
initiated under this AGREEMENT and each annual Subrecipient Scope of Work and Budget(Exhibit
A), and Special Conditions (Exhibit D) as applicable, for a minimum of three (3) years from the
date of final payment to Subrecipient, or until audit resolution is achieved for each annual MCOG
OWP,whichever is later, unless a longer period of record retention is stipulated. During this time,
all of the above referenced parties shall make all such supporting materials available for
inspection and audit, at their respective offices at all reasonable times or through transmission of
electronic documents, by representatives of MCOG, Caltrans, HCD,the Bureau of State Audits, or
the federal government upon request.Copies will be made and furnished to MCOG upon request,
at no cost to MCOG. Records relating to any and all audits or litigation relevant to this Agreement
shall be retained for five years after the conclusion or resolution of the matter.
c. Subrecipient shall establish and maintain, and shall require that its Contractor(s) establish and
maintain, an accounting system conforming to Generally Accepted Accounting Principles (GAAP)
to support invoices that segregate and accumulate the costs of work elements by line item (i.e.
direct labor, other direct costs, subcontractors, etc.) and enable the determination of incurred
costs at interim points of completion, and provide support for reimbursement payment vouchers
or invoices.
d. Subrecipient agrees to include all costs associated with this AGREEMENT and any amendments
thereto to be examined in the annual audit and, if applicable, in the schedule of activities to be
examined under a single audit prepared by Subrecipient in compliance with Office of
Management and Budget Circular A- 133.
e. Neither the pendency of a dispute nor its consideration by MCOG, Caltrans, or the state will
excuse Subrecipient from full and timely performance in accordance with the terms of this
AGREEMENT.
f. Subrecipient agrees to furnish documentation to MCOG to support this requirement that its
Agreement(s) with Contractor(s) contain provisions requiring adherence to this Section in its
entirety.
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9. Certifications and Assurances
a. Subrecipient shall adhere to the requirements contained in MCOG's annual Certification and
Assurances ("FHWA and FTA State and Metropolitan Transportation Planning Process Self-
Certification") submitted as part of MCOG's OWP, pursuant to 23 CFR 450.334 and 23 U.S.C. 134.
Such requirements shall apply to Subrecipient to the same extent as MCOG and may include, but
are not limited to:
i. 23 U.S.C. 134, 49 U.S.C. 5303, and subpart C of 23 CFR part 450;
ii. In nonattainment and maintenance areas, sections 174 and 176(c) and (d) of the Clean Air
Act, as amended (42 U.S.C. 7504, 7506(c) and (d)) and 40 CFR part 93;
iii. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d-1) and 49 CFR part 21;
iv. 49 U.S.C. 5332, prohibiting discrimination on the basis of race, color, creed, national origin,
sex, or age in employment or business opportunity;
v. Section 1101(b) of the FAST Act (Pub. L. 114-94) and 49 CFR part 26 regarding the
involvement of disadvantaged business enterprises in USDOT funded projects;
vi. 23 CFR part 230, regarding the implementation of an equal employment opportunity
program on Federal and Federal-aid highway construction contracts;
vii. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) and
49 CFR, parts 27, 37, and 38;
viii. The Older Americans Act, as amended (42 U.S.C. 6101), prohibiting discrimination on the
basis of age in programs or activities receiving Federal financial assistance;
ix. Section 324 of title 23 U.S.C. regarding the prohibition of discrimination based on gender;
x. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR part 27 regarding
discrimination against individuals with disabilities.
b. Subrecipient shall additionally comply with Federal and State Lobbying Activities Certification:
i. By signing this AGREEMENT, Subrecipient certifies, to the best of its knowledge and belief,
that no state or federal funds have been paid or will be paid, by or on behalf of Subrecipient,
to any person for influencing or attempting to influence an officer or employee of any state
or federal agency, a Member of the State Legislature or United States Congress, an officer or
employee of the Legislature or Congress, or any employee of a Member of the Legislature or
Congress in connection with the awarding of any state or federal contract,the making of any
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state or federal grant, the making of any federal loan, the entering into of any cooperative
agreement,or the extension,continuation,renewal,amendment,or modification of any state
or federal contract, grant, loan, or cooperative agreement.
ii. If any funds other than state or federal funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement,
Subrecipient shall complete and submit Federal Standard Form-LL,"Disclosure Form to Report
Lobbying," in accordance with those form instructions.
iii. This certification is a material representation of fact, upon which reliance was placed when
this AGREEMENT was entered into.Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S.C., and by the MFTA
between MCOG and Caltrans or, alternatively, the grant agreement with the respective
funding entity. Any persons who make a prohibited expenditure or fail to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
c. Subrecipient shall comply with any other applicable federal, state and local laws, including
without limitation, all federal regulatory requirements associated with the applicable federal
funding.
d. Subrecipient shall further require its Contractor(s)to comply with these Certifications.
10. Equal Employment Opportunity/Nondiscrimination
a. In the performance of work undertaken pursuant to this AGREEMENT, Subrecipient, for itself, its
assignees, and successors in interest, shall affirmatively require that its employees and
Contractor(s)shall not unlawfully discriminate, harass or allow harassment,against any employee
or applicant for employment because of sex, race,color, ancestry, religious creed, national origin,
physical disability(including HIV and AIDS), mental disability, medical condition(including cancer),
age (over 40), marital status, denial of family and medical care leave, and denial of pregnancy
disability leave.
b. Subrecipient shall ensure that the evaluation and treatment of their employees and applicants for
employment, as well as their contractors, are free from such discrimination and harassment.
Subrecipient shall comply with the provisions of the Fair Employment and Housing Act
(Government Code section 12900, et seq.) and the applicable regulations promulgated
thereunder (California Code of Regulations, Title 2, section 7285.0, et seq.). The applicable
regulations of the Fair Employment and Housing Commission implementing the Government
Code sections referenced above, are incorporated into this AGREEMENT by reference and made
a part hereof as set forth in full. Subrecipient shall give written notice of their obligations under
this clause to labor organizations with which they have collective bargaining or other labor
agreements.
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c. In the event of Subrecipient's noncompliance with the nondiscrimination provisions of this
AGREEMENT, MCOG shall impose such contract sanctions as it, Caltrans, or other applicable
funding agency may determine to be appropriate, including, but not limited to:
i. Withholding of payments to Subrecipient under this AGREEMENT until Subrecipient complies;
and/or
ii. Cancellation, termination or suspension of the AGREEMENT, in whole or in part.
d. Subrecipient shall permit access to all records of employment, employment advertisements,
application forms, and other pertinent data and records by the State Fair Employment Practices
and Housing Commission or any other agency of the State of California designated by the State to
investigate compliance with this section.
e. Subrecipient shall include the provisions of this Section in every agreement with its Contractor(s).
Subrecipient shall take such action with respect to any such agreement as MCOG, Caltrans, or
other applicable funding agency may direct as a means of enforcing such provisions, including
sanctions for noncompliance including, but not limited to:
i. Withholding of payments to contractor under any agreement with contractor until contractor
complies; and/or
ii. Cancellation, termination or suspension of the agreement in question, in whole or in part.
11. Prevailing Wage and Labor Requirements
a. Should Subrecipient award any construction contracts utilizing Federal funds under this
Agreement, Subrecipient agrees to comply with all pertinent statutes, rules and regulations
promulgated by the federal government including, but not limited to, (i) prevailing wage
requirements of the Davis Bacon Act (40 U.S.C. §276a, et seq.) and related regulations (29 CFR
Part 5); (ii) anti-kickback and payroll records requirements of the Copeland "Anti-Kickback" Act
(40 U.S.C. §276c and 18 U.S.C. §874) and related regulations (29 CFR Part 3); and (iii) workweek
computation and overtime requirements of the Contract Work Hours and Safety Standards Act
(40 U.S.C. §327-333) and related regulations (29 CFR Part 5).
b. Should Subrecipient award any "public work" contract, as defined by California Labor Code
Section 1720, utilizing State funds under this Agreement, Subrecipient agrees to comply with all
pertinent California statutes, rules, and regulations including, but not limited to, prevailing wage
provisions of Labor Code Section 1771.
c. Any contract or subcontract entered into as a result of this Agreement will contain all of the
provisions of this section.
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12. Conflict of Interest
Subrecipient and its officers,employees,and agents,including Contractor(s),that perform work under
this AGREEMENT shall comply with federal and state conflict of interest laws, regulations and policies.
13. Independent Contractor
Subrecipient and its officers, employees, and agents shall be independent contractors in the
performance of this AGREEMENT.
14. Disadvantaged Business Enterprise (DBE)
a. It is the policy of MCOG, the California Department of Transportation, and the U.S. Department
of Transportation, that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26,
shall have an equal opportunity to receive and participate in the performance of agreements
financed in whole or in part with Federal Highway Administration (FHWA)/Federal Transit
Administration (FTA)funds provided under this AGREEMENT.
b. Subrecipient, its employees,and its Contractor(s)shall not discriminate on the basis of race,color,
national origin, or sex in the award and performance of FHWA/FTA funds-assisted contract or in
the administration of MCOG's DBE program per the requirements of 49 CFR Part 26. Failure to
carry out the requirements of this paragraph shall constitute a breach of contract and may result
in termination of this AGREEMENT or such other remedy MCOG may deem appropriate.
c. Subrecipient shall, as required by 49 CFR Part 26, include applicable language into all contracts
funded in whole or in part with FHWA or FTA funds.
15. Disputes
a. Should either party to this AGREEMENT bring legal action against the other (formal judicial
proceeding, mediation or arbitration), it is hereby agreed that this Agreement will be
administered and interpreted under California law and that the matter shall be handled in
Mendocino County Superior Court, California,and that the party prevailing in such action shall be
entitled to a reasonable attorney's fee which shall be fixed by the judge, mediator, or arbitrator
hearing the case and such fee shall be included in the judgment, together with all costs.
b. Neither the pendency of a dispute nor its consideration by MCOG, Caltrans, HCD and/or the
respective funding agency will excuse Subrecipient from full and timely performance in
accordance with the terms of this AGREEMENT.
16. Severability. If any term or provision of this Agreement, or the application thereof to any person or
circumstance will, to any extent, be invalid or unenforceable, the remainder of this Agreement will
not be affected thereby, and each term and provision of this Agreement will be valid and enforceable
to the fullest extent by law, unless the exclusion or application of,such term or provision,would result
in such a material change so as to cause completion of the obligations defined in this Agreement to
be unreasonable.
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17. Hold Harmless
a. Subrecipient shall defend, indemnify and hold MCOG, its officers, agents and contracted staff,
harmless from and against any and all liability, loss,expense,claims,or damages arising out of the
performance of this AGREEMENT, but only in proportion to and to the extent such liability, loss,
expense, or claims for injury or damages are caused by or result from the negligent or intentional
acts or omissions of Subrecipient, its officers, agents, employees, or Contractors.
b. MCOG shall defend, indemnify and hold Subrecipient, its officers,agents and employees harmless
from and against any and all liability, loss, expense, claims, or damages arising out of the
performance of this AGREEMENT but only in proportion to and to the extent such liability, loss,
expense, or claims for injury or damages are caused by or result from the negligent or intentional
acts or omissions of MCOG, its officers, agents or contracted staff.
c. Subrecipient further agrees to reimburse MCOG for claims, demands, costs or liability associated
with the incomplete performance of work contained in Exhibit A, in the event that the MCOG
terminates this AGREEMENT in accordance with Section 22(b) herein.
18. Noncompliance
In addition to such other remedies as provided by law, in the event of noncompliance with any grant
condition or specific requirement of this AGREEMENT,this AGREEMENT may be terminated, or State
may require additional remedies specified in grant terms applicable under this AGREEMENT.
19. Assignment
This Agreement cannot be assigned without the prior written consent of MCOG.
20. Successors
This Agreement will be binding on the parties hereto, their assigns, successors, administrators,
executors, and other representatives.
21. Amendments Required by Federal or State Agencies
If the FTA, FHWA, Caltrans, HCD or any other federal or state agency having jurisdiction, requires a
change to the terms of this Agreement, the parties will amend this Agreement as necessary, or will
terminate it immediately.
22. Termination of Agreement
a. Termination for Convenience: Either party may terminate this AGREEMENT at any time by giving
written notice to the other party of such termination at least thirty(30) calendar days before the
effective date of such termination. In such event, all finished or unfinished documents and other
materials as described in the AGREEMENT shall be returned to MCOG at its option. Subrecipient
shall return at the option of MCOG, all equipment, software, or other materials provided to
Subrecipient under this AGREEMENT. If this AGREEMENT is terminated by MCOG, as provided
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herein, Subrecipient shall be reimbursed for expenses incurred prior to the termination date, in
accordance with Section 6 through 8 of this AGREEMENT.
b. Termination for Cause: If through any cause,Subrecipient shall fail to fulfill in a timely and proper
manner its obligations under this AGREEMENT, or if Subrecipient violates any of the covenants,
agreements, or stipulations of this AGREEMENT, MCOG shall thereupon have the right to
terminate the AGREEMENT by giving not less than ten (10) calendar days written notice to
Subrecipient of the intent to terminate and specifying the effective date thereof. MCOG shall
provide not less than 15 days for Subrecipient to cure prior to termination. Upon termination, all
finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs,
reports or other materials prepared by Subrecipient under this AGREEMENT shall be provided to
MCOG. At the option of MCOG, Subrecipient shall return all equipment, software, or other
materials provided to Subrecipient under this AGREEMENT. Subrecipient shall be entitled to
receive compensation for all work satisfactorily completed, in MCOG's judgment, in accordance
with Exhibit A prior to the effective date of termination.
c. Fiscal Funding Out: Subrecipient may terminate this AGREEMENT immediately upon email or
other written notice should funding cease or be materially decreased during the term of this
AGREEMENT.
23. Environmental, Resource Conservation, and Energy Requirements
Subrecipient recognizes that many federal and state statutes imposing environmental, resource
conservation, and energy requirements may apply to the Project. Subrecipient agrees to adhere to
any such federal and state requirements.
24. Notices
Any notice required or permitted to be given pursuant to this AGREEMENT shall be served by certified
mail, return receipt requested,to the following addresses:
If to MCOG:
Mendocino Council of Governments
Attn: Nephele Barrett, Executive Director
525 S. Main St., Suite B
Ukiah, CA 95482
If to Subrecipient:
City of Ukiah
Attn. Sage Sangiacomo, City Manager
300 Seminary Ave.
Ukiah, CA 95482
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25. Counterparts
This Agreement may be executed in multiple counterparts, each of which will constitute an original,
and all of which taken together will constitute one and the same instrument.
26. Ambiguities
The parties have each carefully reviewed this Agreement and have agreed to each term and condition
herein. Each party has also had an opportunity to have this Agreement reviewed by legal counsel. No
ambiguity will be construed against either party.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date of the last
signature below:
Mendocino Council of Governments: City of Ukiah:
Nephele/ arrett, Executive Director Sage Sangiacomo, City Manager
Date: /4 - 2 ' 22 Date: Oct 17, 2022
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 14 of 37
SUBRECIPIENT COOPERATIVE AGREEMENT
BETWEEN
MENDOCINO COUNCIL OF GOVERNMENTS
AND
CITY OF UKIAH
Effective July 1, 2022 through June 30, 2027
Annual Exhibits
Fiscal Year 2022/23
■ Exhibit A—Subrecipient Scope of Work and Budget
■ Exhibit B—Sample Subrecipient Invoice
■ Exhibit C— MCOG's Adopted Policies & Instructions
■ Exhibit D—Special Conditions
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 15 of 37
EXHIBIT A
Subrecipient Scope of Work and Budget
Attached:
A-1 Transportation Planning Overall Work Program (OWP)
■ Work Element 12—Truck Route Study
■ Work Element 14—Training
A-2 Surface Transportation Block Grant Program (STBGP) Section 182.6 d(1)
Formula Distribution— Balances Available to Claim
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 16 of 37
EXHIBIT A-1
Subrecipient Scope of Work and Budget
TRANSPORTATION PLANNING OVERALL WORK PROGRAM (OWP)
WORK ELEMENT 12 -TRUCK ROUTE STUDY
PURPOSE:
This Study will assist the City of Ukiah on determining and designating acceptable truck routes
through the City of Ukiah and throughout the City of Ukiah. The City of Ukiah strives to make our
right of ways multimodal including bikes and pedestrians in every design they perform. Though this
practice, as set forth in the 2017 Regional Transportation Plan, it increases the transportation
options for our citizens, and makes it difficult for the transportation of goods and services. The City
of Ukiah would like to make sure that our multimodal designs are working in harmony with the fact
that large tucks often have to use our City as a bypass for the inadequate height restricted freeway
overpasses that are part of the Caltrans transportation system.
This study will identify exact routes that will be signed through the city. The goal would be that this
study, and the professionals that would be hired to perform the study, will also initiate the process
to alert navigation GPS services, such as Google and Apple, to include these truck routes on their
services.
PREVIOUS WORK:
This study is needed as a result of the previous studies that have led to successful projects, such
as the Downtown Streetscape.
TASKS:
The tasks would be to write a Request for Proposals (RFP), evaluate the proposals, and award a
contract to the most qualified firm. These tasks would be accomplished by the City of Ukiah
Engineering Department. The Engineering Department would then work with the consultant to
analyze our existing system, evaluate our existing system, and define the best transit corridors
for trucks to use in the City of Ukiah.
1. Kickoff Meeting and Project Coordination (Consultant)
2. Evaluation and Community Input (Consultant)
3. Develop Draft and Final Study Report (Consultant)
4. Present to City Council Presentation (Consultant)
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 17 of 37
PRODUCTS:
The final product will be a study that will identify the best truck routes through the City of Ukiah.
These routes will be memorialized with a resolution of the City Council to alert all truck traffic on
proper routes through the city.
FUNDING AND AGENCY RESPONSIBILITIES:
Responsible Estimated Budget Funding Fiscal Year
Agency Person Days Source
Consultant 45 $45,000 State PPM 2022/23
Total 45 $45,000
ESTIMATED SCHEDULE:
Tasks Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1 x x
2 x x
3 x x x x x x x x
4 x
WORK ELEMENT 14—TRAINING
PURPOSE:
To provide funding for technical training in the transportation planning field to the Mendocino
Council of Governments (MCOG) planning staff, and to local agency staff, to stay abreast of
changes in the field.
PREVIOUS WORK:
This is an annual training work element that has been included in MCOG's Overall Work Program
since FY 2003/04.
TASKS:
1. Attendance at transportation planning academies, seminars, workshops or training
sessions that may be offered through Caltrans or other agencies (MCOG, County, Cities,
MTA). This task includes staff time and direct costs (i.e. registration, travel, lodging,
meals, etc.)
Specific training sessions are not identified. Examples of prior training funded under this
annual work element include: workshops provided through U.C. Berkeley's Tech
Transfer Program -SB 743/Vehicle Miles Traveled; Traffic Control for Safer Work Zones;
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 18 of 37
and training offered through Caltrans - Resident Engineer Academy; Emergency Relief
(ER); Consultant Contract training;training on various grant programs; as well as training
offered through the Rural Counties Task Force, CalCOG, and other agencies.
PRODUCTS: Educational and training materials; trained/educated staff.
FUNDING AND AGENCY RESPONSIBILITIES:
Responsible Approx. Funding Fiscal Year
Agency Person Budget Source
g y Days
MCOG Staff 27 $ 20,890 Local LTF 2021/22
MCOG Direct Costs n/a $ 11,807 Local LTF 2021/22
County/Cities/MTA n/a
Direct Costs $ 9,594 Local LTF 2021/22
Total $42,291
ESTIMATED SCHEDULE:
Tasks Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1 x x x x x x x x x x x x
The parties to this AGREEMENT agree to the terms of this Annual Exhibit and acknowledge that
all applicable terms and conditions of the Master Agreement, effective July 1, 2022, shall apply.
The parties also agree that any amendments to the FY 2022/23 Transportation Planning Overall
Work Program (OWP) approved by MCOG's Board of Directors may result in a revised Budget
that shall apply to this Annual Exhibit.
Mendocino Council of Governments: City of Ukiah:
O IL i l S'
Nephele Barrett, Executive Director Sage Sangiacomo, City Manager
Date: M-1 ZS' 212. Date: Oct 17, 2022
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 19 of 37
EXHIBIT A-2
Subrecipient Scope of Work and Budget
SURFACE TRANSPORTATION BLOCK GRANT PROGRAM (STBGP) SECTION 182.6 D(1)
FORMULA DISTRIBUTION — BALANCES AVAILABLE TO CLAIM
PURPOSE:
Formerly known as Regional Surface Transportation Program (RSTP), the name has been
changed to Surface Transportation Block Grant Program. MCOG annually elects to exchange its
federal STBGP funds for state funds under a program offered by California Department of
Transportation (Caltrans). Eligible uses are as follows.
CALIFORNIA CONSTITUTION
ARTICLE 19 MOTOR VEHICLE REVENUES
SECTION 1. Revenues from taxes imposed by the State on motor vehicle fuels for use in motor
vehicles upon public streets and highways, over and above the costs of collection and any
refunds authorized by law, shall be used for the following purposes:
(a)The research, planning, construction, improvement, maintenance, and operation of public
streets and highways (and their related public facilities for nonmotorized traffic), including the
mitigation of their environmental effects,the payment for property taken or damaged for such
purposes, and the administrative costs necessarily incurred in the foregoing purposes.
(b)The research, planning, construction, and improvement of exclusive public mass transit
guideways (and their related fixed facilities), including the mitigation of their environmental
effects,the payment for property taken or damaged for such purposes,the administrative costs
necessarily incurred in the foregoing purposes, and the maintenance of the structures and the
immediate right-of-way for the public mass transit guideways, but excluding the maintenance
and operating costs for mass transit power systems and mass transit passenger facilities,
vehicles, equipment, and services.
PREVIOUS WORK: Not applicable.
PRODUCTS: Refer to Administrative Procedures, provided as Exhibit C-2, attached.
FUNDING AND AGENCY RESPONSIBILITIES:
A schedule of funds available to claim by each MCOG member agency is attached to this exhibit.
Any funding presented as an estimate may result in more or less actual funding available to claim,
without amendment to this Annual Exhibit. Refer also to Administrative Procedures, provided as
Exhibit C-2, attached. All other terms and conditions applicable to this Scope of Work and Budget
are specified in the Master Agreement, effective July 1, 2022.
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 20 of 37
MENDOCINO COUNCIL OF GOVERNMENTS(MCOG)
TEA-21 and SAFETEA-LU and MAP-21 and FAST Act
Surface Transportation Block Grant Program(STBG)
a.k.a.RSTP Section 182.6 d(1)
"d1 Fund"
Cumulative(Formula)Distributions by MCOG 2005/06 to 2022/23
TOTALS New distrib'n New policy Balances
1997/98 policy adopted adopted Preliminary FY 2005/06 Available
through 615/2006* 616/11'* Actuals Actuals Actuals Actuals Estimate to 2022/23 to Claim
Fiscal Year: 2004/05 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 Totals As of 916/2022
Partnership Fund 0 50,000 75,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 , 00 1,725,000 NA
Local Assistance 0 0 0 0 0 0 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 90,000 1,170,000 NA
Point Arena 347,081 49,214 51,031 43,367 51,480 45,979 54,677 54,677 62,885 54,622 65,346 55,310 50,409 60,390 67,653 72,779 71,732 74,880 74,753 1,061,184 74,880
Willits 501,833 74,461 77,210 65,615 77,889 69,566 82,726 82,726 95,145 82,643 98,869 83,684 76,268 91,370 102,359 110,115 108,530 113,293 113,101 1605571 331,938
Fort Bragg 531,697 79,333 82,262 69,908 82,986 74,118 88,139 88,139 101,370 88,051 105,338 89,159 81,259 97,348 109,057 117,320 115,631 120,706 120,501 1:710:628 560,063
Ukiah 773,729 118,820 123,207 104,703 124,290 111,009 132,009 132,009 151,825 131,876 157,767 133,536 121,703 145,801 163,337 175,713 173,184 180,785 180,478 2,562,052 529,682
County DOT 582,951 88,290 91,550 77,801 92,355 82,486 98,091 98,091 112,816 97,992 117,231 99,226 90,433 108,339 121,370 130,566 128,687 134,334 134,106 1,903,764 0
11,738,199
TOTALS 2,737,291 460,119 500,261 461,393 528,999 483,158 645,642 645,642 714,041 645,185 734,551 650,915 610,072 693,249 753,777 796,494 787,764 813,998 812,9391 14,475,490 1,496,564
Cross Check: 2,737,291 460,119 500,261 461,393 528,999 483,158 645,642 645,642 714,041 645,185 734,551 650,915 610,072 693,249 753,777 796,494 787,764 813,998 812,939 14,475,490
FY 1997/98
No Shading=Available to Claim to 2022123
Green Shading=Paid to Claimants
Orange Shading=Estimated funding/not yet received from State
NOTES:
Administrative procedures as of 2002/03:Claimants to submit Annual Report,Project List,and compliance agreement each funding cycle.
Since 2017/18,Subrecipient Agreements replace the compliance agreement form.
Reserves MCOG share"off the top"to capital fund for regional projects.
Reserves additional MCOG share"off the top"for Local Assistance-Project Delivery.
FY 2022/23-2026/27 Subrecipient Cooperative Agreement-City of Ukiah
Prep'd by J,Orth STBG Distribution Summary-Revised Updated 9/6/2022
Page 21 of 37
EXHIBIT B
Sample Subrecipient Invoice
(Available by request in Excel format)
Agency Letterhead
INVOICE
Work Element/Project Title
To:
Mendocino Council of Governments Invoice Date:
Attn.:
367 N. State St.. Suite 206 Invoice Number:
Ukiah. CA 95482
Dates of Service:
Description of Activity Personnel-Name&Title Hourly Hours Amount
Rate Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total Labor: $0.00
Reimbursable Expenses-attach Item
Quantity Total Cost
receipts Cost
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total Reimbursable Expenses] $0.00
Total Amount Due: $0.00
Overall Funding Summary
Total Budget $ -
Amount Previously Billed
Current Amount Billed $ -
Balance Remaining $ -
I certify the charges for work billed are proper and that progress of the project is commensurate with cash
disbursements being claimed on the"Total Amount Due"line above.I have reviewed the invoice and supporting
documentation and concur that expenses are consistent with the scope of work.
Agency Representative Signature:
Printftype Name and Title: Date
Approved for Payment By:
Name of MCOG Representative: Date
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 22 of 37
EXHIBIT C
MCOG's Adopted Policies & Instructions
Attached:
C-1 Transportation Planning Overall Work Program (OWP) Policies and
Application Instructions (4 pages)
C-2 Surface Transportation Block Grant (STBG) Program Administrative Procedures
(5 pages)
C-3 Local Transportation Fund 2% Bicycle & Pedestrian Program Application Form
(4 pages)
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 23 of 37
Amended 1013116
(Administrative update 10115118)
EXHIBIT C-1
MCOG's Adopted Policies & Instructions - OWP
MENDOCINO COUNCIL OF GOVERNMENTS
OVERALL WORK PROGRAM (OWP)
POLICIES AND APPLICATION INSTRUCTIONS
General Information
The Mendocino Council of Governments has adopted a policy that a portion of Local
Transportation Funds (LTF) will be allocated to assist in funding the annual transportation planning
work program. Other funding sources for the work program include various State and Federal funds.
Eligible Applicants/Proiects
Eligible applicants include the parties to MCOG's Joint Powers Agreement (JPA), which are
the Cities of Ukiah, Willits, Fort Bragg, and Point Arena; and the County of Mendocino. Mendocino
Transit Authority is also an eligible applicant. Other potential applicants must have an eligible JPA
member sponsor agency.
Projects funded under the annual work program are of a planning nature, including studies
related to transportation needs, technical assistance, transportation-related training for Technical
Advisory Committee (TAC)members, Local Agency Staff, and MCOG staff, administration of the
work program, and direct costs.
Application Cycle/Schedule
The cycle for the OWP process shall begin annually October 15, at which time MCOG staff
will forward the OWP application package consisting of these Policies and Application Instructions, an
Application/Proposed Scope of Work Form(attached), and a Quarterly Report Form(attached) to TAC
members. There shall be a six week application period of October 15 -December 1,with all
applications due to the MCOG office no later than 5:00 p.m. on December 1 of each year(if this date
falls on a weekend, the following Monday shall apply).
Applicants must submit three (3) copies of the completed application/scope of work form, and
one electronic copy. Incomplete applications or applications with insufficient copies will be returned
to the applicant for completion.
A preliminary draft OWP is prepared by MCOG staff for review at the TAC level, and
submitted to Caltrans by March 1. After incorporation of Caltrans' comments, a Final OWP is
prepared for MCOG approval. The Final OWP is adopted along with the Regional Transportation
Planning Agency annual budget in June of each year.
Ouarterly Reporting/Payments
All agencies that are funded under the work program are required to submit quarterly progress
reports to the MCOG office within 15 days following the end of each quarter. The progress of each
work element is then compiled into a quarterly OWP report, which is submitted to the State.
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 24 of 37
Amended 1013116
(Administrative update 10115118)
Payments are tied to timely submittal of quarterly reports and satisfactory performance as
determined by MCOG. Payments are made to work program participants upon invoicing with
documentation of work performed, and subject to approval by MCOG's Executive Director.
Amendments
Any formal amendment to the approved work program requires approval by both MCOG and
Caltrans, therefore any delays or problems should be promptly communicated with MCOG staff.
Amendments to the approved work program are not allowed by Caltrans after May 1 of any year.
Administrative amendments which involve insignificant changes (with no changes to state or federal
funding) require approval only by MCOG.
Carryover Requests
The program period for each work program is July 1 through June 30 of each year. Every
attempt must be made to complete programmed activities within the programmed fiscal year; however,
if there is a need to carry over a project to the next fiscal year for completion, the requesting agency
must submit justification for the carry over to MCOG. Carryover requests are subject to the following
restrictions:
Projects funded with State Rural Planning Assistance (RPA) funds are expected to be
completed in the initial year of programming; however, limited extensions are possible and will be
considered on a case-by-case basis (subject to approval by the MCOG Executive Director). Caltrans
allows up to 25% of an agency's annual RPA allocation to be carried over for a maximum of one year,
after the initial year or programming.
Projects funded with Local Transportation Funds (LTF) funds maybe carried over (subject to
approval by the MCOG Executive Director) for a maximum of two years, after the initial year of
programming.
Projects funded with Planning, Programming & Monitoring (PPM) funds may be carried over
(subject to approval by the MCOG Executive Director) for a maximum of two years, after the initial
year of programming.
Grant funded projects are subject to the carryover provisions of the pertinent State or Federal
funds.
Attachments: OWP Application— Scope of Work Form
OWP Quarterly Report Form
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 25 of 37
MENDOCINO COUNCIL OF GOVERNMENTS
FY OVERALL WORK PROGRAM
APPLICATION - PROPOSED SCOPE OF WORK
Applicant Agency: Date Submitted:
Contact Person:
Project Title:
Use additional sheets as necessary to prepare outline.
GOAL/PURPOSE -What does this planning project intend to achieve? How does this planning work
address the goals and objectives of the 2017 Regional Transportation Plan? See RTP pages 18-29,
available on MCOG's website https://mendocinocog.s]2ecialdistrict.org.
PREVIOUS WORK- Has any related work been done in the past?
TASKS -List all tasks and responsible party for each task.
PRODUCTS - Identify products of the planning effort. How will these products be used to improve the
state, regional, or local transportation system?
TIME SCHEDULE -Provide a monthly schedule by task. Schedule must indicate that all tasks can be
completed in one fiscal year.
SAMPLE
Tasks Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1 x x x
2-6 x x x x x x
7 x x x
ESTIMATED PERSON DAYS/COST BREAKDOWN -Provide estimated person days and costs for
each agency and consultant.
PROPOSED FUNDING SOURCES &AMOUNTS -Provide amounts of proposed funding from all
sources. Are there leveraging opportunities available? Has funding from other sources been sought for
this planning project?
Notes:
1. Receipts and documentation are required for all direct costs,including copies of consultant invoices and
receipts. Mark-up of direct costs is not allowed.
2. Travel costs are limited to Caltrans approved travel rates,available at the following link:
http://www.dot.ca.gov/hq/ase/traveVchl2/lconsultant.htm#rr.
3. It is applicant's responsibility to comply with all fiscal and procurement requirements of federal,state,
regional,or local funding agencies.
4. The Transportation Development Act(TDA) requires recipients of Local Transportation Funds to submit
annual fiscal audits to MCOG.
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Amended 1013116 Page 26 of 37
(Administrative update 10115118)
MENDOCINO COUNCIL OF GOVERNMENTS
OVERALL WORK PROGRAM QUARTERLY REPORT
Quarter, FY
AGENCY: DATE:
WORK ELEMENT NO. & TITLE:
PURPOSE:
PROGRESS:
PRODUCT EXPECTED:
PROBLEMS:
OUTLOOK/STATUS:
FUNDS:
OWP Funding: $
Claimed to date $
Balance to be claimed: $
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
EXHIBIT C-2 STBG Program Administrative Procedures Page 27 of 37
MENDOCINO COUNCIL OF GOVERNMENTS
SURFACE TRANSPORTATION BLOCK GRANT (STBG) PROGRAM
Claim Procedures
Revised October 7,2021
Supersedes"Administrative Procedures"of 2003,2007
Funding Overview
Federal transportation legislation authorizes funding for the STBG Program, most recently through the
Fixing America's Surface Transportation(FAST) Act of 2015, administered by the Federal Highway
Administration(FHWA). Previously known as the Regional Surface Transportation Program(RSTP),
"block grant"was added to the name under the FAST Act, acknowledging the historically flexible
eligibility of these funds to best address State and local transportation needs. The funds are
apportioned to the States,which then suballocate by region.
In California, the Department of Transportation (Caltrans) offers an optional Federal Apportionment
Exchange Program to the Regional Transportation Planning Agencies. The Mendocino Council of
Governments (MCOG) customarily has taken advantage of this option to exchange for nonfederal
State Highway Account(SHA) funds, to relieve the administrative burden of receiving federal funds,
by executing an exchange agreement annually with Caltrans. The terms are governed by California
Streets and Highways Code, Article 5, Section 182.6.
MCOG annually allocates STBG funds by budget resolution to the County of Mendocino and the
Cities of Ukiah, Willits, Fort Bragg, and Point Arena, according to a distribution formula adopted by
MCOG on November 2, 1998 and amended on June 5, 2006. The funds are held until claimed by each
of these member local agencies, subject to administrative requirements to comply with State terms.
Eligible uses of the STBG funds are identified in the California Constitution Article 19, Motor Vehicle
Revenues, Section 1, summarized as:
The research,planning, construction, improvement,maintenance, and operation of public
streets and highways (and their related public facilities for nonmotorized traffic), including
the mitigation of their environmental effects,the payment for property taken or damaged for
such purposes, and the administrative costs necessarily incurred in the foregoing purposes.
Administrative Requirements
This amendment of MCOG's claim requirements is meant to better align with the master terms of its
Subrecipient Cooperative Agreement with the member agencies (started in 2017), which flow down
terms and conditions of the various public funds received and administered by MCOG. Terms for
submittal of Invoices, Reporting and Deliverables are detailed in Section 5 of the Agreement.
Whereas previously MCOG has distributed RSTP/STBG funds as either an advance or a reimbursement,
as requested by the claimant, this amendment requires documentation of costs incurred for the eligible
project before release of the funds allocated to claimants, consistent with the Agreement.
Claimants may"save up" annual allocations to accumulate in MCOG's fund for a larger project than can
be funded in a single year, until ready to submit a multi-year claim. Conversely, a project may be broken
down into phases for more manageable cash flow, to be reimbursed in annual installments.
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 28 of 37
MENDOCINO COUNCIL OF GOVERNMENTS
Before expending funds on a project for later reimbursement, each claimant shall submit to MCOG
a list of eligible projects on which they plan to expend the funds, for determination of eligibility. A
form is provided for this purpose. MCOG will notify each claimant agency of their fund balances
available, at least annually.
The list shall include a project description, the names of all streets and roads with potential projects,
the type of project(e.g. rehabilitation, maintenance, improvement, operations, safety, etc.) and the
functional classification based on the "annual maintained mileage report" prepared by each agency.
If the project is for equipment or other street/road-related items, specify relevant details in the
description.
Upon determination by MCOG of project eligibility, reimbursable work may proceed. Claims may be
submitted for reimbursement upon project or phase completion, to include an invoice and a summary
list of expenses with date, payee, description and amount for each expenditure. Claimant shall retain
backup documentation such as receipts for at least three years after final STBG payment. Unclaimed
amounts will remain reserved in claimant's available fund balance for future claims.
Note that this revised procedure might not perfectly reflect terms of the current master Subrecipient
Agreement, which is due for review and update in Fiscal Year 2022/23, when terms may be amended
as needed.
Checklist
❑ Refer to annual Subrecipient Agreement exhibit for available funds.
❑ Plan project, consult with MCOG staff as needed.
❑ Submit list to MCOG for review and determination of eligibility.
❑ On approval, proceed with reimbursable project work.
❑ Following project or phase completion, submit invoice to MCOG.
❑ Keep expense documentation on file for the required retention period.
Attachments
■ List submittal form, available as Word document
■ Sample reimbursement invoice, available as Excel spreadsheet
■ Sample expense summary
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
rev. 10/7/2021
Page 29 of 37
MENDOCINO COUNCIL OF GOVERNMENTS
SURFACE TRANSPORTATION BLOCK GRANT PROGRAM (STBG)
Project List
for Fiscal Year
(List all Potential or Planned Projects)
Name of Type of Project Functional Class
Street/Road/Project (examples below)* and/or Description **
Authorized Signature Date
Printed Name &Title
Agency
* Protect Type examples: Rehabilitation, maintenance, improvement,operations,equipment,safety, bicycle lane,
pedestrian access,environmental mitigation,streetscape
** Functional Classification and/or Description examples:
Arterial, major/minor collector, local road, paving,chip seal,sidewalks,storm drains,street sweeper,traffic signal
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 30 of 37
Agency Letterhead
INVOICE
Date Invoice #
BILL TO: Mendocino Council of Governments
Attn. Janet Orth, Depuity Director& CFO
525 S. Main St., Suite B
Ukiah, CA 95482
PROJECT: Surface Transportation Block Grant (STBG) Program
Name of project
Date/s Completed: Date range
Fiscal Year of MCOG Difference of Total Reimbursement
Funding Allocation by MCOG Amount Allocated Allocation and Request
Formula Distribution Amount Claimed
Example: FY 2019/20 $0
FY 2020/21 $0
FY 2021/22 $0
$0
$0
$0
$0
TOTAL INVOICE AMOUNT DUE: $0
Supporting documentation, including expense summary list, is attached.
Further detailed documentation is on file for the required retention period.
All expenditures requested for reimbursement have been processed and paid.
Name of authorized signator Date
Postion title
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 31 of 37
[Report Date]
[PROJECT NAME] EXPENSE SUMMARY
Type Date Num Source Name Memo Debit Credit Balance
Bill 07/27/2020 9094 MENDOCINO METALS 196.71 196.71
Credit Card Charge 09/01/2020 OFFICE SUPPLY.COM 233.87 430.58
Credit Card Charge 09/17/2020 OFFICE SUPPLY.COM 58.47 489.05
Bill 10/09/2020 Estimate 10092020 JERI-CO GARAGE DOORS 8,100.00 8,589.05
Bill 10/09/2020 Remaining Balance JERI-CO GARAGE DOORS 8,100.00 16,689.05
Bill 10/12/2020 9195 MENDOCINO METALS 716.76 17,405.81
Bill 10/14/2020 505237-2 AACTION RENTS 54.88 17,460.69
Bill 10/1512020 9074649 HOME DEPOT 138.23 17,598.92
Bill 10/2912020 5022154 HOME DEPOT 63.47 17,662.39
Bill 11/02/2020 1070212 HOME DEPOT 292.87 17,955.26
Bill 11/04/2020 781159 Solid Waste Systems, Inc 88.85 18,044.11
Bill 11/20/2020 513463-2 AACTION RENTS 163.52 18,207.63
Bill 11/2512020 146754 RELIABLE MILL SUPPLY INC 542.72 18,750.35
Bill 11/30/2020 November 2020 FRIEDMAN BROS. 1,966.10 20,716.45
Bill 12/04/2020 November 2020 HOME DEPOT 3,533.92 24,250.37
Credit Card Charge 12/16/2020 HOME DEPOT 85.22 24,335.59
Credit Card Charge 12/1712020 Northern Tool 420.70 24,756.29
Bill 12/18/2020 Solid Waste Systems. Inc 171.19 24,927.48
Credit Card Charge 12/22/2020 HD Supply White Cap 543.50 25,470.98
Credit Card Charge 12/23/2020 HOME DEPOT 1,598.66 27,069.64
Credit Card Charge 12/23/2020 Norcal Recycle Rock 251.86 27,321.50
Credit Card Charge 12/30/2020 Norcal Recycle Rock 90.62 27,412.12
Bill 12/31/2020 20809 NOR-CAL RECYCLED ROCK 157.43 27,569.55
Bill 12/31/2020 December 2020 FRIEDMAN BROS. 2,903.00 30,472.55
Credit Card Charge 01/01/2021 National Business Furniture 1,386.90 31,859.45
Bill 01/04/2021 321132 MENDO MILL 233.68 32,093.13
Bill 01/05/2021 December 2020 HOME DEPOT 1,055.01 33,148.14
Bill 01/11/2021 521708-2 AACTION RENTS 411.59 33,559.73
Bill 01/11/2021 1544749 HOME DEPOT 601.62 34.161.35
Bill 01/13/2021 9544826 HOME DEPOT 151.55 34,312.90
Bill 01/19/2021 20841 NOR-CAL RECYCLED ROCK 37.76 34,350.66
Bill 01/2112021 1353921 HOME DEPOT 353.46 34,704.12
Credit Card Charge 01/25/2021 AMAZON BUSINESS 269.68 34,973.80
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Page 1 of 5
EXHIBIT C-3 MCOG's Adopted Policies & Instructions - Bicycle & Ped. Page32of37
MENDOCINO NEPHELE BARRETT, EXECUTIVE DIRECTOR
IWAO COUNCIL OF GOVERNMENTS Administration:Suite B
(707)463-1859
MCOG 1) 525 South Main Street—Ukiah—Cal ifornia---95482 Transportation Planning:Suite G
w ~nnendocinocog.org (707)234-3434
2022-23
APPLICATION FOR MCOG FUNDING
PEDESTRIAN and/or BICYCLE FACILITIES PROJECT
Please complete each portion of the application in as much detail as possible/appropriate.
1. Project Name: 9. Line item cost estimate:
2. Applicant (City, County, MTA) a. Environmental Documentation
3. Estimated Total Cost:
$ b. Design
4. Funding Requested:
$ c. Right-of-Way
5. Other Funding: (identify amounts & sources)
d. Construction
6. This Form Prepared By:
7. Phone Number:
8. Date:
10. Description of project: Specify type of facility (pedestrian walkway, standard sidewalk,
bikeway (Class I, II, or III) multi-use facility, ADA compliance, etc. How does this project
implement the 2008 California Complete Streets legislation?
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah Revised form approved by MCOG 1014110
Administrative update 812122
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11. How would this facility improve safety? (Upgrade existing facility, provide new facility,
remove gaps in existing system?)
12. How much use (in users per day, or per week) would this facility get? What is the basis for
this estimate? (What is the traffic volume on adjacent street/road, if applicable?)
13. To what extent would this facility be used by commuters? Commuters are people (including
children) who use the facility for utilitarian purposes (including work, school, shopping, etc.).
Identify below and on project map, non-motorized traffic generators and attractors
(residential neighborhoods, schools, shopping, recreational areas, etc.) along or at termini of
proposed project.
14. What is the readiness of this project? Include milestones for each activity below:
Activity Date (mo/yr)
Environmental
Design
Right-of-Way
Construction
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Revised form approved by MCOG 1014110
Administrative update 812122
Page 34 of 37
15. Will this project completely or partially implement a specific plan that has been developed and
adopted for the area? Examples are: Downtown Design Plan, Community Action Plan,
Downtown Streetscape Plan, ADA Implementation Plan, Transit Service Implementation Plan.
16. Is the proposed project identified in or consistent with existing plans for the area (Active
Transportation Plan, Bikeway Plan, City/County General Plans, Regional Transportation Plan,
and others)? Identify where project is listed in plan or state how consistency with plan is
achieved.
17. What alternate sources of funding have been sought for this project?
Source Application Date Status Date Available if Approved
18. Is this non-motorized project a component of a larger project? If so, provide details of the
larger project
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Revised form approved by MCOG 1014110
Administrative update 812122
Page 35 of 37
19. What other funds have already been committed to this project?
Fund Type Amount Documentation (Funding Agreement, Resolution/Minute Order)
20. Does your agency currently have any open LTF 2% Bike & Pedestrian projects? If so, what
is the status?
21. Other Comments:
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
Revised form approved by MCOG 1014110
Administrative update 812122
Page 36 of 37
EXHIBIT D
Special Conditions
REGIONAL EARLY ACTION PLANNING (REAP)
MCOG amended its Joint Powers Agreement (JPA) in 2020 to add housing matters as a specific
power, with all five member agencies approving by resolution, in order to take advantage of grant
opportunities from California Department of Housing and Community Development (HCD).
HCD awarded a Regional Early Action Planning (REAP) Program grant to MCOG under its Local
Government Planning Support Grants Program to Councils of Governments and other Regional
Entities (as described in Health and Safety Code section 50515.02), for activities that "increase
housing planning and accelerate housing production in ways that align with state planning
priorities, housing, transportation, equity, and climate goals" with eligible activities that include
providing technical assistance, performing infrastructure planning, and conducting feasibility studies.
MCOG elected to suballocate 90 percent of the grant funds to member jurisdictions for these
activities, and after consultation with agency staffs, approved a distribution formula. Each
agency chose one or more eligible projects to accomplish. MCOG shall reimburse each agency
upon receipt of invoices for allowable costs as described in the grant proposal.
Due to a time extension by HCD, projects may be carried over to Fiscal Year 2023/24. Refer to
MCOG's REAP application for details, available by request.
City of Ukiah's 2022/23 grant funding is $69,536.
FUNDING AND AGENCY RESPONSIBILITIES:
REAP Suballocations—Carried Over
County of Mendocino $177,228
City of Ukiah 69,536
City of Fort Bragg 46,410
City of Willits 35,365
City of Point Arena 0-project completed
Subtotal $328,539
MCOG REAP funds carried over(of$38,325 or 10%) $ 25,912
for Grant Administration & Management
TOTAL REAP Grant carried over $ 354,451
Responsible Estimated Funding
Budget Funding Year
Agency Person Days Source
City of Ukiah N/A 69,536 State HCD 2020/21
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah
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Excerpt of MCOG's REAP application:
"The City of Ukiah plans to use their REAP funds to upgrade their permitting software, helping
them improve the building and permit processing for residential construction. The intent of
the software upgrade is to bring the City's planning and building permitting processes more
fully into the 21s'century, enabling electronic plan and application submittals and routing.
The Building Official has estimated this improvement will reduce the time building permit
applications reviewed by 5-15 business days (1-3 weeks), allowing projects to more quickly
receive approval, therefore reducing project completion time. It will save time and money for
the building community by not requiring multiple hard copies of building plan submittals. On
the planning side, the time savings are expected to be primarily on the clarity of information
presented and contract routing. The City currently uses a paper application for planning
permit applications and this would be replaced by an electronic application with customizable
fields, allowing the division to more quickly update and customize applications for ease of use
by applicants and when new ordinances and regulations are updated. The planning division
expects time savings to be between 5 and 10 business days (1-2 weeks)."
Project Timeline and Budget for Eligible Activity 4-Suballocating moneys to jurisdictions or
other subregional entities:
Task Est. Cost Begin End Deliverable
City of Ukiah
Update Permitting Software $ 69,536 3/1/2021 1/31/2024 New permitting software
The parties to this AGREEMENT agree to the terms of this Annual Exhibit D and acknowledge that all
applicable terms and conditions of the updated Master Agreement, effective July 1, 2022, shall apply.
Mendocino Council of Governments: City of Ukiah:
Nephele Barrett, Executive Director Sage Sangiacomo, City Manager
Date: Date: Oct 17, 2022
FY 2022/23—2026/27 Subrecipient Cooperative Agreement—City of Ukiah