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HomeMy WebLinkAbout94-026BOARD OF ~UPERVISOR~ COUNTY OF BUTTE, STATE OF CALIFORNIA Ih~•~olufior~ ~'~~c~. ~4-~ RESOLUTION AUTHORIZING EXECUTION OF EXCHANGE PROGRAM AGREEMENT NO. X94-5912 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. X94-5912 and the Chairman of the Board be authorized to execute said Agreement on behalf of said County. Exchange Program Agreement No. X94-5912 provides far 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 year 1993j94. 2. That the Clerk of the Board be authorized to attach certified copy of this Resolution to the Exchange Program Agreement No. X94-5912. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 8th day of March , 1994 by the following vote: AYES: Supervisors Dolan, Houx, Thomas and Chair McLaighlin NOES : None ABSENT: Supervisor Meyer NOT VOTING: None 1 CHAIRMAN, Boa d of Supervisors County of Butte, S ate of California ATTEST: JOHN S. BLAC~{I'~OCK, Chief Administrative Of icer and Clerk of the Board By : ~- _ ._ L .. ~ _ '-~ c~.~ j ClerkjDeputy FEDERAL APPORTIONMENT EXCHANGE PROGRAM AND STATE MATCH PR(~RAM: CALIFORNIA DEPARTMENT OF TRANSPORTATION -- MPO COUNTY 03 - Butte. District Ct~unty Agreement No. 94-591 THIS AGREEMENT is made ottMarch 8 _ 1994, by the COUNTY of BUTTE, a political subdivision of the Stale 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 cif 1991, as modified in accordance with section 1 X2.6 of the Streets and Highways Code (Regional Surface Transportation Program (RSTP} funds) in exchange for nonfederal State Highway Account funds, and WHEREAS section ] R2.9 of the Streets and Highways Code requires the allocation oI' 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 I$2_C(h}(2) of the Streets and Highways Code, COUNTY agrees to assign to CALTRANS: $ 392,7O8.~C1 from the eligible portion of its annual minimum RSTP Apportionment for Fiscal Year 1993194. For Caltrans Use Onl I hereb Certif u on m own ersonal knowled e that bud eted funds are available for this encumbrance Accountin Officer Date $ Chapter Statutes Item Fiscal Year Program BC Category Fund Source $ I hereb Certif u on m own ersonal knowled e that bud eted funds are available for this encumbrance Accountin Officer Date $ Chapter Statutes Item Fiscal Year Program BC Category Fund Source $ H;~DOCSiMPOCNTY t .DOC 2 The eligible portion oi~ said minimum apportionment is the COUNTY'S annual minimum RSTY apportionment established under Section 1 R2.fi {d)(2) of the Streets and Highways Code Icss any federal apportionments already obligated for pmjecls chargeable to its annual minimum RSTY apportionment. B. COUNTY agrees to use such funds, as necessary, for those projects already included in the adopted Federal Transportation Improvement Program {FT1P) that were to he funded with RSTP funds exchanged under section LA. 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 iCs 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. 4 II. STATE MATCH PROGRAM A. As authorized by section 11;29 of the Streets and Highways Code, CALTRANS agrees to pay to COUNTY $ l O~l,OO(L{?{) from the unohligated balance of its State Matching moneys for Fiscal Year 19>:~/94. 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 LA. to CALTRANS, CALTRANS agrees to pay to COUNTY an amount not to exceed $492.7f1$.(1(} which amount is equal to the sum of the apportionment amount identified in section LA and the State Match funds identified in 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. COCINTY agrees to establish a special account within their County Road Fund for the purpose of depositing ail payments received from STATE pursuant to this agreement. D. 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 expendc;d 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. E. 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 IILD.. In the event of such requirement by CALTRANS, COUNTY shall provide written verification to CALTRANS that the requested corrective action has been taken. F. CALTIZANS reserves the right for the payments reyuired hereunder to he reduced to offset such additional federal apfrortionments obligated far projects chargeable to the COUNTY'S annual IZSTY minimum apportionment as are. not counted in section I.A. and such additicmal State A4atch funds obligated for federal projects as are nut counted in section ILA.. STATE OF CALIFORNIA Department of Transportation District :~. District Director COUNTY OF BUTTE 4. `~~ Chair, Board of Supervisprs Date: Approval Recommended: District Local Streets & Roads Engineer Date: ~'~~~ ~ ~=~ ~'~~It ATTEST: ` ~ ~ _ ;~_ Acting Clerk, Board of Supervisors