HomeMy WebLinkAbout06-067Resolution
BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, as
follows:
1. That said County approves of the Exchange and State Match Program Agreement No. X06-
- 3912 {072) and the Chair of Board be authorized to execute said Agreement on behalf of
said County. Exchange and State Match Program apportionment fund for a like amount of
nonfederal State Highway Account funds and the disbursement of State matching Funds far
the fiscal year 2005/2006:
2. That the Clerk of this Board be authorized to attach certified copy of this Resolution to
Exchange and State Match Frogram Agreement No. X06-5912 (072}
PASSED AND ADOPTED by Board of Supervisors of the County of Butte, State of
California, this 25~' day of Apri12006, by the following vote:
AYES: Supervisors Connelly, Dolan, Houx, Xa~aguchi anal Chair Josiassen
NOES: None
ASSENT: None
NOT VOTING: None
J Fassen, Chair
f Supervisors,
County of Butte, State of California
ATTEST;
PAUL MCINTOSH, Chief Administrative Officer
And Clerk of the Board of Supervisors
By:
Cle eputy
RESOLUTION AUTHORIZING EXECUTION OF EXCHANGE AND STATE MATCHING
PROGRAMS AGREEMENT NO. X06-5912(072) BETWEEN THE COUNTY FO BUTTE AND
THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION
1*EDERAL APPORTIONMEN ~ ~XCHANGE PROGRAM AND STF ~ MATCH PROGRAM
CALIFORNIA DEPARTN[tNT OF TRANSPORTATION -NON MPO COUNTY
03 BUTTE
District County
Agreement No. X06-5912(072)
EA No. 03-928657E
THIS AGREEMENT is made on , by the COUNTY of BUTTE , a political
subdivision of the State of California (COUNTY), and the State of Cafifomia, 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 "Safe, Accountable, Flexible, Efficient, Transportation Equity
Act - A Legacy for Users" (SAFETEA-LU), 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:
1. 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 2005106
For Caltrans Ilse Oniy
1 hereby Cer6 upon my own per ona[ knowled that budgeted funds are available for this encumbrance
~
Accounting Officer ~j //^^
Date `q~pC `~!O
$~q~ ~~~Q
Chapter Statutes Item Fiscal Year Program BC Category Fund Sourc $
38 2005 2660-102-0042 2pp5-2006 2D.30.010.840 C 224040 113-042-7 ~ ,
tn-MPO-Co. E/M {hf) Page 1 of 4 {Rev. 3102!2006 }
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 ofi its estimated annual minimum RSTP apportionment.
B. COUNTY agrees to use such funds, as necessary, far 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 2005106.
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.
Ili. 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
l.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 1-8, Uniform- Administrative -Requirements for--Grants and Cooperative Agreerrtents 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
m-MPO-Ca. EJM (~I) Page 2 of 4 (Rev. 3/02/2006 )
parties shaft 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. 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 withhald future payments due COUNTY #rom 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 shat[ 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 Cade Sections 4525 (d), (e) and (f}] on the basis of a
noncompetitive negotiation far 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 property accumulate and segregate Fund expenditures by line item. The
accounting system of COUNTY, its contractors and all subcontractors shalt conform to Generally
Accepted Accounting Principles (GAAP}, enable the determination of incurred costs at interim
points of completion, and provide support for 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 alt 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
sn-MPO-Co. EJM (iV) Page 3 of 4 (Rev. 3/02/2006 )
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
States Department of Transportation, shall each have access to any books, retards, 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 aA 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-~33.
STATE OF CALIFORNIA COUNTY OF BUTTE
Department Of Transportation
Office of Project Implementation
Division of Local Assistance
Date:
~n-NiPO-Co. FJM (N}
air, oard of Supervisors
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