HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-361 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 13, 2004 by the following vote: OV9
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO. 2004/ 361
SUBJECT: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to
execute the Federal Apportionment Exchange and State Match Program
Agreement No. X04-5928{062} under which Caltrans agrees to pay the
County$100,000 from the unobligated balance of its State Matching moneys
for Fiscal Year 2003-04. The money must be used for transportation
purposes in accordance with Article XIX of the California Mate Constitution,
Countywide.
The Board of Supervisors of Contra Costa County RESOLVE:
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 182.6 of the Streets and Highways Code 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, and
WHEREAS, Caltrans agrees to pay to County$100,000.00 from unobligated balance of its
State matching moneys for Fiscal Year 2003/04, and
WHEREAS, County agrees to use all State funds paid hereunder only for transportation
purposes, that are in conformance with Article XIX of California State Constitution.
NOW THEREFORE, the Board of Supervisors of Contra Costa County, by adopting this
resolution, does hereby APPROVE and AUTHORIZE the Chair to execute the Federal
Apportionment Exchange and State Match Program Agreement No. X04-5928(062).
SK:je l hereby certify that this is a true and correct copy of an
G:\TransEngM04\a0-TE\B0 StateMetch.doc action taken and entered an the minutes of the Board of
Contact:
actt:: Stephen Kowalewski{333-2225}
CC} Public Works(TE) action
on the date shown.
cc: County Administrator
Auditor-Controller
M.Shlu,Public Works Director JULY LS, 2004
J.Bueren,Assistant Public Works Director ATTESTED:
J.Lytle,Accounting JOHN SWEETEN, Clerk of the Board of Supervisors and
{2 sealed Board Resolutions and 2 original County Administrator
Program Agreements returned to
Public Works/Transportation Engineering Division}
By
Deputy
RESOLUTION NO. 2004/ 361
STATE MATCH PROGRAM
CALIFORNIA DEPARTMENT OF TRANSPORTATION - COUNT'S
04 CONTRA COSTA
District County
Agreement No. X04-5928(062)
EA No. 04-924210
THIS AGREEMENT is made on JL Y 13, 2t Q4 , by the COUNTY of CONTRA COSTA , a
political subdivision of the State of California (COUNTY), and the State of California, acting by and
through the Department of Transportation (STATE).
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. 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 2008104.
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.
II. COMMON PROVISIONS
A. Subject to the availability of State funds by the State Budget Act, and upon receipt of COUNTY
invoice by STATE, STATE agrees to pay to COUNTY an amount not to exceed $100,000.00 that
equals the State Match funds identified in Section I.A.
B. COUNTY agrees to use all State funds paid hereunder only for transportation purposes that
are in conformance with Article XIX A of the California State Constitution.
For Caltrans Use Only
1 hereby Cerllfy upon my own personal kn ed a that dgeted funds ars available for this encumbrance -
I-- Accounting officer Date &N 0q :E$LO
0,�Y�}.
Chapter es Item _ } Fiscal Year Program BC ' Category Fund Sours $
157 i 2043 2680-102-0042 -12003-2004 20.30.010.830 IN 1 217000 113-042-T
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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 18, Uniform Administrative Requirements for Grants and Cooperative Agreements 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
parties 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. 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 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 over $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 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
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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
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
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.
1. 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 schedules of projects to be
examined under its single audit prepared in accordance with Office of Management and Budget
Circular A-133.
STATE OF CALIFORNIA COUNTY OF CONTRA COSTA
Department Of Transportation
Office of Project Implementation, North C ir, Board of Supervisors
Division of Local Assistance iate:
Date:
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