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COUNTY 4F BUTTE
STATE OF CALIFOttNIA
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RC5~12ltlOf2 NO. 08-059
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RF:SOI,U'I'ION :~UTI10RI7,ING F;.l"I:('UTION OF I~'F,DERt1L APPOR"I'[ON~IE:N"T
I{;XC'I1.1NCI: PROGRA~9 AND S`I'A"TE I~1ATC'H I'120C;RAi~I BF"I,~1%F. [:N "I'HE
('OUN`I'Y OF I3 U'1"TF, AND T'11E S"TATF, OF C:ILIFORNIA, DEPARTIt~lEN7' OI;
TRANSPORTATION (AC~RFEMENT NO. X08-5912(077} EA NO. 03-928879}
BE I'I' RI;SOLYF.D by the Board of Supcrvisors of the County of Butte, State of
California, as follows:
I hat Sald Co~inly appl~OheS OI t~lG FXChangC and State MatCfl P1'Ogralll Agreement 'V O.
X0~-X912(077) and the Chair of Board he authorized to execute said ,~grccmcnt on
bchali~ oI~ said County. fhc hcderal apportionment Etchan~~c Program and State
Match Program fined for a Iike amount of nonfederal State Hightiv~a_y account fiords
and the dishurscment of State matching Funds far the fiscal scar 2007%?OU~.
?. That the Clcrl: of this Board be authorized to attach certified copy of this Reso]ution to
the I= edcral apportionnlcnt Exchange and State Match Program agi~eei7~ent No. ?C0~-
59I?(0?7).
PASSED AND ADOPTI+.D by the Board of Supervisors of the County of Butte, State of
California, this (~ ~' day of~ May 200 by the following hots:
aY1S: Supervisors Connelly, Nolan, Kirk, Yamaguchi, and Chair Josiassen
NOES: None
aBSEN~ : None
NO"I L'`O"I ING: None
.ATT F: S "~
CnCt ,Ios~asscn, 'hall'
Board of Supervisors,
County of Butte, State of California
C. Brian Haddix, C1tt~cf adminislrativc Of~ccr
and C'lcrh ofth~ Board "~f Supcrvisors
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By: - ~~ _ ~.~~_-
~Clcrl: eputy,.~~ -
STATE OF CALIFORNIA . BUSINESS,TRANSPORTATION AND HOUSING AGENCY
GtPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TDD (916} 654-4014
(916} 654-3151
Fax (916} 653-7621
April 8, 2008
Mr. Michael Crump
Director of Public Works
Butte County
7 County Center Drive
Oraville, CA 95965
Arnold Schwarzenegger, Governor
t fa~.~
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File : 03-BUT-O-CR
X08-5912(077}
200712008 Exchange and State
Match Program
Subject: Optional Regional Surface Transportation Program (RSTP) Federal Exchange and State Match Program for
FY 200712008
Dear Mr. Crump:
This letter serves to notify you of the opportunity to participate in the Optional RSTP Federal Exchange and State Match
Program for FY 2007/2008.
In an effort to streamline this program, we have enclosed the Federal Exchange and State Match Agreement required
for participation. The agreement contains the estimated amount of federal funds you are eligible to exchange along with
matching state funds. We have not yet received the final apportionment amounts for Federal Fiscal Year (FFY) 2008.
The exchanged amount is based on your FFY 2008 apportionment including adjustments made to prior year RSTP
balances. Necessary rescissions or additions will be reflected on next year's Agreement. In order to participate in this
year's program and receive the funds, you must do the following:
`concur with the amount shown on the agreement. If you do not agree with this amount, please contact HO Local
Assistance at (916) 654-4032 no later than April 30, 2008.
"`Sign both copies of this agreement and return them by May 22, 2008 to Department of Transportation, Division of
Local Assistance, P.O. Box 942874, MS#1, Sacramento, GA 94274-0001. If the agreement is not
received by this date, it may cause a delay in getting the funds to you.
`When we receive your signed agreements they will be executed and one original will be returned to your agency.
Once you receive the executed agreement, forward your invoice directly to the Accounting Service Center.
By copy of this letter, your Regional Transportation Planning Agency (RTPA) is being informed of our intentions to
directly exchange RSTP funds with the County. The RTPA should contact us only if they do not wish for the County to
participate in the program. The County will be notified by my Office if the RTPA disagrees with the direct exchange.
If you need additional information regarding the program, please refer to Chapter 18 of the Local Assistance Pragram
Guidelines. Please contact me at (916) 653-6220 if you have any questions.
r~" ,~ .
~" BILL SANDOVAL, Chief
Office of Project Implementation -North
Division of Local Assistance
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Enclosures
c: Regional Transportation Planning Agency
OLP AE Project Files
FEDERAL APPORTIONMENT EXCHANGE PROGRAM AND STATE MATCH PROGRAM
CALIFORNIA DEPARTMENT OF TRANSPORTATION -NON MPO COUNTY
03 BUTTE
District County
Agreement No. X08-5912(077)
EA No. 03-928879
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 "Safe, Accountable, Flexible, Efficient, Transportation Equity
Rct - A Legacy far 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:
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(g), COUNTY agrees to assign to STATE:
$392,708.00 from the eligible portion of its estimated annual minimum
RSTP Apportionment for Fiscal Year 2007/08
For Galtrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for this encumbrance
~.._:.= ~-~--k""~ ~~c.,~~..~' f'~ Accounting Officer Date ~ ~~-~ - ~.: ') S y~~ /~ ~~
Chapter Statutes Item Fiscal Year Program BC
172 2007 2660-102-0042 2007-2008 20.30.010.840 C
7y a~ro7 a26.o-~0,2 ~~~t~ ao~?-;mil ~.3~ uto .~3~, h/
Category Fund Source
224040 113-042-T
fUL/llG~.ci~
on-MPO-Co. E/M (N) Page 1 of 4 (Rev. 05/01/2007 )
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 Gode
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 2007/08.
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. GOUNTY 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 } Except as otherwise provided herein, the COUNTY agrees to comply with, and require all
praject sponsors to comply with, Office of Management and Budget Circular A-87, Cost
Principles for State and Local Government, and with 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments.
Notwithstanding the foregoing, COUNTY shall not be required to comply with 49 CFR, Part
18.36(1), subsections {3}, {4}, (5), (6}, {8), (9}, (12) and (13}.
2) COUNTY will assure that its Fund recipients will be obligated to agree that (a} Contract Cost
ors-MPO-Co. E~'P~1 (N} Page 2 of 4 (Rev. 0 510 112 0 0 7 }
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 GFR, 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 Gooperative Agreements to State and
focal 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
Gircular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are subject to repayment by
GOUNTY 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 aver $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 casts only after those casts are
incurred and paid for by the subcontractors.
3) In addition to the above, the preaward requirements of third party contractorlconsultants 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
paints 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 all books,
documents, papers, accounting records, and other evidence pertaining to the performance of
on-MPO-Co. E1M (N) Page 3 of 4 (Rev. Q5./01/2007
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
States Department of Transpartation, shall each have access to any books, records, and
documents that are pertinent far 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
Department Of Transportation
COUNTY OF BUTTE
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Office of Project Implementation
Division of Local Assistance
Date:
Chair, [hoard of Supervisors
Date:
on-MPO-Co. EiM (Nj Page 4 of 4 (Rev. 05;01;2007 )
FEDERAL APPORTIONMENT EXCHANGE PROGRAM AND STATE MATCH PROGRAM
CALIFORNIA DEPARTMENT OF TRANSPORTATION -NON MPO COUNTY
03 BUTTE
District County
Agreement No. X08-5912(077)
EA No. 03-928879
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 "Safe, Accountable, Flexible, Efficient, Transportation Equity
Act - R 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:
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(g), COUNTY agrees to assign to STATE:
$392,708.00 from the eligible portion of its estimated annual minimum
RSTP Apportionment for Fiscal Year 2007108
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for this encumbrance
i;,,,.c~_-~----~'~-^~-~ ~ {-.:~~';~...^--`--~ ,, Accounting Officer Date [~ ~-{ ~1 $y~~ ~~~'.Od
Chapter Statutes Item Fiscal Year Program BC Category Fund Source S
172 2007 2660 102-0042 2007-2008 20.30.010.840 G 224040 113-042-T ,.3Y.7R ,ivv'.~
~7~ .~~ ~ ~4~.,~....o~Y~ ~, ~~ ~v.so U«.rr ~ ~ .ztrao~ ~~3 ~~-T,r~a~~v.~
on-MPO-Co, EiM {N) Page 1 of 4 (Rev. 05!01/2007 1
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.
I1. 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 GOUNTY's State Matching moneys for
Fiscal Year 2007/08.
B. COUNTY agrees that before GOUNTY 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.
G. 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) Except as otherwise provided herein, the 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 with 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments.
Notwithstanding the foregoing, COUNTY shall not be required to comply with 49 CFR, Part
18.36(1), subsections (3), (4), (5), (6), (8), (9), (12) and (13).
2) COUNTY will assure that its Fund recipients will be obligated to agree that (a) Contract Cost
on-MPO-Co. 6iM (N) Page 2 of 4 (Rev. 05101/2007 )
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,
Uniform Administrative Requirements far 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 ar 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
GTC.
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 Cade Sections 4525 (d), (e) and (f)] an 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. ACGOUNTING 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 casts 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 all books,
documents, papers, accounting records, and other evidence pertaining to the performance of
on-MPO-Go. EtM (N) Paye 3 of 4 (Rev. 0510112007 )
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
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
Department Of Transportation
Office of Project Implementation
Division of Local Assistance
Date:
COUNTY OF BUTTE
Chair, Board of Supervisors
Date:
o~~-MPO-Co. E!M {N) Page 4 of 4 (Rev- o5i0L'2007 )