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HomeMy WebLinkAboutMINUTES - 04252006 - C.5 C4I'O: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa o' - . •'s DATE: April 25 2006 �o County °s•- _ SUBJECT: State Match Program Agreement with Caltrans SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chair,Bi and of Supervisors,to execute the Federal Apportionment Exchange and State Match Program Agreement with Caltrans, to receive the amount of$100,000 from the State Matching funds for Fiscal Year 200512006 for transportation purposes, Countywide. (State Funds) (All Districts) FISCAL IMPACT: There will be no financial impact to the General Fund. Continued on Attachment: ® SIGNATURE: [RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE D-APPROVE OTHER SIGNATURE(S): ACTION OF BO ON APPROVED AS ECOMMENDED V1 OTHER ❑ VOTE OF SUPERVISORS ✓ UNANIMOUS (ABSENT O 77 C/ ) I hereby certify that this is a true and correct copy of an action AYES: NOES: taken and entered on the minutes of the Board of Supervisors on ABSENT: ABSTAIN: the date shown. 0 G:\GrpData\TransEng\2006\BO-TE\BO StateMatch.doc ATTESTED: 4 JOHN CULLEN, Clerk of the Board of Supervisors and County Orig.Div: Public Works(TE Division) Administrator Contact: Stephen Kowalewski(313-2225) cc: County Administrator Auditor-Controller M.Shiu,Public Works Director By Deputy J.Bueren,Assistant Public Works Director F.Scudero,Accounting (2 sealed Board Resolutions and 2 orliginal Program Agreements returned to: Public Works/Transportation Engineering Division) SUBJECT: State Match Program Agreement with Caltrans DATE: April 25, 2006 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The Federal Apportionment Exchange and State Match Program Agreement No. X06-5928(073) specifies that Caltrans agrees to pay the County$100,000 from the unobligated balance of its State Matching moneys for Fiscal Year 2005-06. The money must be used for transportation purposes in accordance with Article XIX of the California State Constitution. CONSEQUENCES OF NEGATIVE ACTION: Failure to approve the submittal of this agreement will eliminate a potential funding source THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 25, 2006 by the following vote: AYES: Uilkem - -� - -- - _ a,Piepho,DeSanlnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ .2/9 SUBJECT: APPROVE and AUI HORIZE the Chair of the Board of Supervisors to execute the Federal Apportionment Exchange and State Match Program Agreement No. X06- 5928(073) under which Caltrans agrees to pay the County $100,000 from the unobligated balance of its State Matching moneys for Fiscal Year 2005-06. The money must be used for transportation purposes in accordance with Article XIX of the California State Constitution, Countywide. The Board of Supervisors of Contra Costa County RESOLVE: WHEREAS, County desires to alsign 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 2005/06,0and 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 Slupervisors 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. X06-5928(073). SK:tr I hereby certify that this is a true and correct copy of an action G:\GrpData\TransEng\2006\BO-TE\BR StateMatch.doc taken and entered on the minutes of the Board of Supervisors on Orig.Dept.: Public Works(TE) Contact: Stephen Kowalewski(313-2225) the date shown. cc: County Administrator Auditor-Controller M.Shia,Public Works Director J.Bueren,Assistant Public Works Director ATTESTED: F.Scudero,Accounting I JOHN CULLEN,Clerk of the Board of Supervisors and County (2 sealed Board Resolutions and 2 original Administrator Program Agreements returned to: Public Works/Transportation Engineering Division) By Deputy RESOLUTION NO. 2006/ '�✓9 STATE OF CALIFORNIA BUSINESS,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger,Governor DEPARTMENT OF TRANSPORTATION Division of Local Assistance 1120 N STREET `�d�y` q' °B P.O. BOX 942874,.MS# 1 Sacramento, CA 94274-0001TDID (916)(654)31514014 (V PAR 2006 : 04-CC-0-CR Fax(916)653-7621 CIA Reveived X06-5928(073) ®t Transportation ar 2005/2006 RSTP Exchange&State March 27, 2006 Engine CMatch - fit.£l�''"�` Mr. Maurice Shiu v�6 Director of Public Works Q Contra Costa County 255 Glacier Drive �co i�ry 4 'Martinez, CA 94553-4897 ��;-1%,O' Attn: Nancy Wein Subject: 2005/2006 State Match Program Dear Mr. Shiu: Enclosed are two original agreements for the Fiscal Year 2005/2006 State Match Program. Please sign both copies of the Agreement al d return them by May 5, 2006 to: Department of Transportation Division of Local Assistance P.O. Box 942874, MS # 1 Sacramento, CA 94274-0001 When we.receive your signed agreements,they will be executed and one original returned to your Agency. Once you receive the executed agreement, forward you' r invoice directly to the Accounting Service Center. If you need additional information regarding the program, please refer to Chapter 18 of the Local Assistance Program Guidelines._ Please contact me at(916) 65313581 if you have any questions. DENIX ANBIAH, Chief 1 r Office of Project Implementation Division of Local Assistance Enclosures c: OLP_AE Project Files (04) DLAE - Muhaned Aljabiry STATE MATCH PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION -COUNTY 04 CONTRA COSTA District County Agreement No. X06-5928(073) EA No. 04-924473 L THIS AGREEMENT is made on 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 2005/06. 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. Il. 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 I here ertify u my wn personal know edge that budgeted funds are available for this encumbrance 22 —� _ l Accounting Officer DJe . $ I C)p 0 JJ 00 Chapter Statutes Item FiscaFYear Program BC _ Category Fund Source $ 38 2005 2660-102-0042 2005-2006 20.30.010.840 t 224048 113-042-T I I Do.Match(N) Page 1 of 3 (Rev.3/02/2006) 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-871, 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 admi blistrative 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 fo I 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 ;o.Match(N) Page 2 of 3 (Rev.3/02/2006) '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 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 limitetl 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.reimbursem�ent 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 COUNT '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 COUNTY OF CONTRA COSTA Department Of Transportation Office of Project Implementation, North We: of upenrisors Division of Local Assistance �/ Date: ;o. Match(N) Page 3 of 3 (Rev.3/02/2006)