HomeMy WebLinkAbout95-043BE 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. X95-5912 and the Chair of the Board be authorized to execute
said Agreement on behalf of said County. Exchange Program
Agreement No. X95-5912 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 1994/95.
2. That the Clerk of the Board be authorized to attach
a certified copy of this Resolution to the Exchange Program
Agreement No. X95-5912.
PASSED AND ADOPTED by the Board of Supervisors of the
County of Butte, State of California, this 28th day of
March , 1995 by the following vote:
AYES: Supervisors Meyer, Dolan, Hain, Thomas and Chair McLaughlin
NOEB:None
ABSENT: None
NOT VOTING: None
~e
CHAIR, Board of upervisors
County of Butte, State of California
ATTEST: JOHN S. BLACK OCK, Chief Administrative
Officer and erk of the Board
By:
Clerk/Deputy
RESOLUTION AUTHORIZING EBECUTION OF
EXCHANGE PROGRAMS AGREEMENT NO. 895-5912
BETWEEN THE COUNTY OF BUTTE AND THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION
1
FEDERAL APPORTIONMENT EXCHANGE PROGRAM AND STATE MATCH
PROGRAM: CALIFORNIA DEPARTMENT OF TRANSPORTATION -~
MPO COUNTY
03 - Counter of Butte
District County
Agreement No. Xg,~-5912
THIS AGREEMENT is made on Apr i i 5 ~ 1995, 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 {CALTR.ANS}.
WHEREAS, COUNTY desires to assign apportionments made available to it for allocation to
transportation projects under the Intermodal Surface Transportation Efficiency Act of ].991, 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(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 for Fiscal Year 1994/95.
For Caltrans Use OnfY
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xesi~MPO.noc
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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 eligible
portion 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 FST1P.
C. COUN'T'Y 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
A. As authorized by section 182.9 of the Streets and Highways Code, CALT'l2ANS
agrees to pay to COUNTY X100.000.00 from the unobligated balance of its State
Matching moneys for Fiscal Year 1994/95.
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 X492,708.00
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
COUNTY prior to duly 1,1995, up to $492,708.00 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.
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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.
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 projects 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 03.
Fa~G : District Director
Date: +~'~` ~~~ 9 ~~-
Approval Recomme d:
Dis ict Local ssis ce Engineer
COUNTY OF BUTTE
C
a
Chair, Board of pervisors
Date: MAR 2 $ X995
ATTEST:
~' ~. ~
Acting Clerk, Board of Supervisors
X95k%MPO.DOC