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HomeMy WebLinkAbout93-069RESOLUTION AUTHORIZING EXECUTION OF EXCHANGE PROGRAM AGREEMENT NO. X93-5912 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 approve Exchange Program Agreement No. X93-5912 and the Chair of the Board be authorized to execute said Agreement on behalf of said County. Exchange Program Agreement No. X93-5912 provides for the exchange of federal apportionment funds for a like amount of non-federal State Highway Account funds and the disbursement of State Matching Funds for the fiscal years 1991192 and 1992193. 2. That the Clerk of this Board be authorized to attach certified copy of this Resolution to the Exchange Program Agreement No. X93-5912. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 25th day of May, 1993 by the following vote: AYES: Supervisors Meyer, NOES: None ABSENT: NO~1e NOT VOTING: None Dolan, McLaughlin, Thomas and Chair Roux t- CHAIR, oard of Supervisors County of Butte, State of California ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer Clerk of the Board By: Clerk/Deputy FEDERAL APPORTIONMENT EXCHANGE PROGRAM AND STATE MATCH PROGRAM: CALIFORNIA DEPARTMENT OF TRANSPORTATION -- MPO COUNTY 03 - Butte District County Agreement No. X93-5912 THIS AGREEMENT is made on May 25_, 199 3 , by the COUNTY of BUTTE, a political subdivision of the State of California (COUNTY), and the State of California, acting by and through the Department of Transportation {CALTRANS). WHEREAS, COUNTY desires to assign apportionments made available to it for allocation to transportation projects under the Intermodal Surface Transportation Efficiency Act of 1991, as modified in accordance with section 182.b of the Streets and Highways Code {Regional Surface Transportation Program {RSTP} funds) in exchange for nonfederal State Highway Account funds, anti 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(h)(2) of the Streets and Highways Code, COUNTY agrees to assign to CALTRANS: $ 392 708.00 from the eligible portion of its annual minimum RSTP Apportionment far Fiscal Year 1991/92 and $ 392,708.00 for Fiscal Year 1992193. For Caltrans Use Only I hereby Certify upon my own personal knowledge that bud eted funds are available for this encumbrance Accounting Officer Date $ Chapter Statutes Item Fiscal Year Program BC Category Fund Source $ hereby Certify upon my own personal knowledge that budgeted funds are available for this encumbrance Accounting Officer Date S Chapter Statutes Item Fiscal Year Program BC Category Fund Source S H:5 DO G S1 M Pp C N 7Y 1. ~ OC 2 The eligible portion of said minimum apportionment is the COUNTY'S 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 its annual minimum RSTP apportionment. B. COUNTY agrees to use such funds, as necessary, for those projects already included in the adopted Federal Transportation Improvement Program (FTIP) that were to be funded with RSTP funds exchanged under section I.A. or reach agreement on amendments to the FTIP. C. COUNTY agrees to that it will not undertake any capacity-expanding project funded herein located in an air quality nonattainment area without its prior inclusion 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 A. As authorized by section 182.9 of the Streets and Highways Code, CALTRANS agrees to pay to COUNTY $200,000.00 from the unobligated balance of its State Matching moneys far Fiscal Year 1991192 and Fiscal Year 1992193. B. COUNTY agrees that before it uses State Matching funds for any other lawful purpose, it shall use such funds to match Federally funded transportation projects. III. COMMON PROVISIONS A. Subject to funds being made available by the State Budget Act, and upon receipt of an invoice evidencing COUNTY'S assignment of its apportionment under section I.A. to CALTRANS, CALTRANS agrees to pay to COUNTY an amount not to exceed $9$5,416.00 which amount is equal to the sum of the apportionment amounts identified in sections I.A and the State Match funds identified in II A. B. Subject to funds being made available by the State Budget Act, CALTRANS agrees to pay to COUNTY prior to July 1, 1993, up to $985,416.00 of the amounts invoiced under section III A, for use in accordance with this agreement. C. 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. D. 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. E. COUNTY agrees to grant State of California auditors access to COUNTY's books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized CALTRANS agents at any time for afour-year period from date of payment under this agreement or one year after the audit is completed or waived by CALTRANS, whichever is later. 3 F. COUNTY agrees in the event COUNTY fails to use funds received hereunder in accordance with the terms of this agreement, CALTRANS will require COUNTY to replace those State funds with local funds and credit the account established under section III.D.. In the event of such requirement by CALTRANS, COUNTY shall provide written verification to CALTRANS that the requested corrective action has been taken. G. CALTRANS reserves the right for the payments required hereunder to be reduced to offset such additional federal apportionments obligated for pro3ects chargeable to the COUNTY's annual RSTP minimum apportionment as are not counted in section I.A. and such additional State Match funds obligated for federal projects as are not counted in section II.A.. STATE OF CALIFORNIA Department of Transportation District 3. District Director Date: Approval Recommended: District Local Streets & Roads Engineer COUNTY OF BUTTE L Chair, Bo d of upervisors Date: May 25, 1993 ATTEST: 1 Asst. Clerk, Board o Supervisors ra ~ Y /I F`•.~~raved ~s to distal and B~;~ge~-~ry ConErol ~~.,~i~a `s ~3eparh~netst gy Slr~l~ ~,