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Home My WebLink About04-123•,.•o~ svpE••., • A•••rurrrr ~~/•~. • O • ~ ~~ ~~ ~ • _:~' '`-~ ~y BOARD OF SUPERVISORS ~* '~' r *• %'~'•. ~~~~~~ ~ ,:"y:` COUNTY OF BUTTE, STATE OF CALIFORNIA ••.?,~•+••••••..•r•••' ~.• Resolution No. 04-123 RESOLUTION AUTHORIZING EXECUTION OF EXCHANGE AND STATE MATCH PROGRAMS AGREEMENT NO. X04-5912(065) BETWEEN THE COUNTY OF BUTTE AND THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, as follows: 1. That said County approves Exchange and State Match Program Agreement No. X04- 5912(065) and the Chair of the Board be authorized to execute said Agreement on behalf of said County. Exchange and State Match Program Agreement No. X04-5912(065) provides for the exchange of federal apportionment funds for a like amount of nonfederal State Highway Account funds and the disbursement of State Matching Funds for the fiscal year 2003/2004. 2. That the Clerk of this Board be authorized to attach a certified copy of this Resolution to Exchange and State Match Program Agreement No. X04-5912(065). PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 13'h day of July, 2004, by the following vote: AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler NOES: None ABSENT: None- NOT VOTING: None ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board By ~ ;. ~,~ Clerk/Deputy ~~ , 1 ~~ Chair, Board of Supervisors County of Butte, State of California FEDERAL APPORTIONMENT EXCHANGE PROGRAM AND S i NTE MATCH PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION -NON MPO COUNTY 03 BUTTE District County Agreement No. X04-5912(065) EA No. 03-928521 THIS AGREEMENT is made on ________, by the COUNTY of BUTTE ,apolitical subdivision of the State of California (COUNTY), and the State of California, acting by and through the Department of Transportation (STATE). WHEREAS, COUNTY desires to assign apportionments made available to COUNTY for allocation to transportation projects under the Surface Transportation Extension Act of 2004 (STEA04), as modified in accordance with Section 182.6 of the Streets and Highways Code (Regional Surface Transportation Program (RSTP) funds) in exchange for nonfederal State Highway Account funds, and WHEREAS Section 182.9 of the Streets and Highways Code requires the allocation of State Matching moneys from the State Highway Account to COUNTY: NOW, THEREFORE, the parties agree as follows: I. FEDERAL APPORTIONMENT EXCHANGE PROGRAM A. As authorized by Section 182.6 of the Streets and Highways Code, and the RTPA having agreed to exchange or elected not to exercise its authority as it relates to the COUNTY'S portion of the RSTP under Section 182.6(8), COUNTY agrees to assign to STATE: $392,708.00 from the eligible portion of its estimated annual minimum RSTP Apportionment for Fiscal Year 2003104. nce I hereby Certify upon my own personal knowle that geted funds are available for this encumbra Accounting Officer ff Date ~(~~U`~ $ ~~a~7~.~ Chapter Stat Item Fiscal Year Program BC Category Fund Source $ 157 2003 2660-102-0042 2003-2004 20.30.010.830 N 217000 113-042-T N,,,,_nnpn_r~ F1M llJl Page 1 of 4 (Rev. 5/12!2004 ) The eligible portion of said minimum apportionment is the COUNTY's estimated annual minimum RSTP apportionment established under Section 182.6(d)(2) of the Streets and Highways Code less any federal apportionments already obligated for projects chargeable to COUNTY'S eligible portion of its estimated annual minimum RSTP apportionment. B. COUNTY agrees to use such funds, as necessary, for those projects already included in the adopted Federal Statewide Transportation Improvement Program (FSTIP} that were to be funded with RSTP funds exchanged under Section I.A or reach agreement on amendments to the FSTIP. C. COUNTY agrees that it will not undertake any capacity-expanding project funded herein located in an air quality nonattainment area without prior inclusion of said project by its RTPA in the "build" alternative of the air quality conformance analysis and the RTPA's subsequent concurrence in the project's implementation. II. STATE MATCH PROGRAM -Section 182.9 A. As authorized by Section 182.9 of the Streets and Highways Code, STATE agrees to pay to COUNTY $100,000.00 from the unobligated balance of COUNTY's State Matching moneys for Fiscal Year 2003/04. B. COUNTY agrees that before COUNTY uses State Matching funds for any other lawful purpose, COUNTY shall use such funds to match federally funded transportation projects. III. COMMON PROVISIONS A. Subject to the availability of State funds by the State Budget Act, and upon receipt of COUNTY invoice evidencing COUNTY's assignment of COUNTY's estimated apportionment under Section I.A to STATE, STATE agrees to pay to COUNTY an amount not to exceed $492,708.00 that equals the sum of the estimated apportionment amounts identified in Sections I.A and the State Match funds identified in Section II.A. B. COUNTY agrees to use all State funds paid hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution. C. COUNTY agrees to establish a special account within their County Road Fund for the purpose of depositing all payments received from STATE pursuant to this agreement. D. COST PRINCIPLES 1) COUNTY agrees to comply with, and require all project sponsors to comply with, Office of Management and Budget Circular A-87, Cost Principles for State and Local Government, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 2) COUNTY will assure that its Fund recipients will be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b} those parties shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Non-MPO-Co. ElM (N) Page 2 of 4 {Rev. 5!12/2004 } Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving Funds as a contractor or sub-contractor under this Agreement shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3) Any Fund expenditures for costs for which COUNTY has received payment or credit that are determined by subsequent audit to be unallowable under Office of Management and Budget Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by COUNTY to STATE. Should COUNTY fail to reimburse Fund moneys due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due COUNTY from STATE or any third-party source, including, but not limited to, the State Treasurer, the State Controller and the CTC. E. THIRD PARTY CONTRACTING 1} COUNTY shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed using Funds without the prior written approval of STATE. 2) Any subcontract or agreement entered into by COUNTY as a result of disbursing Funds received pursuant to this Agreement shall contain all of the fiscal provisions of this Agreement; and shall mandate that travel and per 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. 3) In addition to the above, the preaward requirements of third party contractor/consultants with COUNTY should be consistent with Local Program Procedures as published by STATE. F. ACCOUNTING SYSTEM COUNTY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate Fund expenditures by line item. The accounting system of COUNTY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support far reimbursement payment vouchers or invoices. G. RIGHT TO AUDIT For the purpose of determining compliance with this Agreement and other matters connected with the performance of COUNTY'S contracts with third parties, COUNTY,COUNTY's contractors and subcontractors and STATE shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times for three years from the date of final payment of Funds to COUNTY. STATE, the California State Auditor, or any duly authorized representative of STATE or the United Non-MPO-Co. E/M (N) Page 3 of 4 (Rev. 5112!2004 ) States Department of Transportation, shall each have access to any books, records, and documents that are pertinent for audits, examinations, excerpts, and transactions, and COUNTY shall furnish copies thereof if requested. H. TRAVEL AND SUBSISTENCE Payments to only COUNTY for travel and subsistence expenses of COUNTY forces and its subcontractors claimed for reimbursement or applied as local match credit shall not exceed rates authorized to be paid exempt non-represented State employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced are in excess of those authorized DPA rates, then COUNTY is responsible for the cost difference and any overpayments shall be reimbursed to STATE on demand. I. SINGLE AUDIT COUNTY agrees to include all state (Funds) and federal funded projects in the schedule of projects to be examined in COUNTY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with Office of Management and Budget Circular A-133. STATE OF CALIFORNIA COUNTY OF BUTTE Department Of Transportation Office of Project Implementation, North Division of Local Assistance Date: Chair, Board of Supervisors Date: Von-MPO-Co. ElM (N) Page 4 of 4 (Rev. 5!12!2004 )