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Home My WebLink AboutMINUTES - 05132008 - C.1 t;t ` • TO: BOARD OF SUPERVISORS Contra------"'- o c: .FROM: JULIA R. BUEREN, PUBLIC WORKS Costa . _ ;4 DIRECTOR 1 .4 DATE: MAY 13, 2008 COOK County SUBJECT: Execute State Match Program Agreement with Caltrans SPECIFIC REQUEST(S)Oil RECOMMIENDATION(S)&c BACKGROI ND.tND.)I'STIFICA•r1ON RECOMMENDED ACTION: APPROVE and AUTI IORIZE the Chair,Board of Supervisors,to execute the Federal Apportionment Exchange and State Match Program Agreement with Caltrans, to receive the amount of$100,000 from the State Matching funds for Fiscal Year 2007/2008 for transportation purposes, Countywide. (No Fiscal Impact) (All Districts) FISCAL IMPACT: None REASONS FOR RECOMMENDATIONS AND BACKGROUND: The Federal Apportionment Exchange and State Match Program Agreement No. X08-5928(088) specifies that Caltrans agrees to pay the County$l 00,000'fr6m the unobligated balance of its State Matching moneys for Fiscal Year 2007/2008. 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. CONTI UED ON ATTACHMENT: ❑D SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION V13OARD COMMITTEE APPROVE; OTHER r SIGNI•1•IIRE(S): ACTION OF 130A � N �3 /o APPROVED AS RECOMMENDED Ol'I IER VOTE OF SUPERVISORS: I HEREBY CERTIFY TI IAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT ) . MINUTES OF THE 130ARD OF SUPERVISORS ON 'THE ---fft-- AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Mike Carlson 92-5-313-2321 CL:sw:tr G:Vl'ransEng\2008\BO-TI\130 StateMatch2008a.doc ATTESTED JOHN CULLS ,CLERK 011THE 130ARD OF SUPERVISORS cc: County Administrator Auditor-Controller J.Bucren,Director,Public Works S.Kowalewski,Deputy,Public Works 13Y: ,DEPU Y C.Raynolds,Acctg. (2 original agreements returned to Public Works Transportation Engineering Division) STATE MATCH PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION - COUNTY 04 CONTRA COSTA District County Agreement No. X08-5928(088) EA No. 04-925237 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 2007/08. 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 I hereby Certify upon my own personal knowledge that budgeted funds are available for this encumbrance Accounting Officer Date fC;�d�' $ ;lL'7' c'z Chapter Statutes Item Fiscal Year Program BC Category Fund Source $ 172 2007 2660-102-0042 2007-2008 20.30.010.89 L— _-22-404,9– 113-042-T /G0 a c;. Match (N) Page 1 of 3 (Rev. 05/01/2007) 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) Except as otherwise provided herein, the 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 with 49 .CFR, Part 18, Uniform Administrative . Requirements for Grants and Cooperative Agreements to State and Local Governments. Notwithstanding the foregoing, COUNTY shall not be required to comply with 49 CFR, Part 18.36(1), subsections (3), .(4), (5), (6), (8), (9), (1.2) and (13). . 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. Match(N) Page 2 of 3 (Rev.05/01/2007) F. ACCOUNTING SYSTEM 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 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, iexaminations, 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. I. 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 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 C ir, Board if Su ervisors Division of Local Assistance Date: O��(3 � g . Date: o.Match(N) Page 3 of 3 (Rev.05/01/2007)