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HomeMy WebLinkAboutCity Council - 6542 RESOLUTION NO. 6542 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE FUND TRANSFER AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF HUNTINGTON BEACH AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, the State of California and the City of Huntington Beach are proposing a traffic signal coordination project in the City of Huntington Beach; and The City Council desires to approve the Fund Transfer Agreement attached hereto as Exhibit 'A" and by this reference incorporated as though fully set forth herein; and, The City Council further desires to authorize the Public Works Director to execute said agreements on behalf of the city; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: That the City Council hereby approve the Fund Transfer Agreement attached hereto as Exhibit :'A," and by this reference incorporated as though fully set forth herein. That the City Council hereby authorizes Louis F. Sandoval, Director of Public Works, to execute said agreement on behalf of the city. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the _ 1st day of November , '1993. Mayor ATTE T: • APPROVED.AS TO FORM: City Clerk -!;�.;2- ;;City A "rney RE]WE6AND -R 1 D: �0"1rN-43 " J11 ATED A D RO D: i City Adm' tra or Director f Public Works 6lresolutltransfer11 011 919 3 Agreement No. PVE-9301 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FUND TRANSFER AGREEMENT EFFECTIVE DATE OF AGREEMENT: RECIPIENT: The City of Huntington Beach COMPLETE TITLE OF PROJECT: Huntington Beach City Traffic Signal Coordination PHASE OF PROJECT [ ] OR COMPLETE PROJECT [ ] FUND AUTHORIZATIONS : U. S. Department of Energy FUND SOURCE : PVE - Stripper Well Expenditure Plan No. 14 , FETSIM Grants, 93 FY, Fund 853 , FD Detail 02 AMOUNT: $500, 000 . 00 FISCAL YEAR: 1993 - 1994 LAST EXPENDITURE DATE: June 30, 1996 TERMINATION DATE OF AGREEMENT: June 30, 1996 Page 1 of 7 Agreement No. PVE--9301 I . Background A. AB 979, Chapter 587, Statutes of 1992 , appropriated $10, 940, 000 from the Petroleum Violation Escrow Account (PVEA) held in the Federal Trust Fund to the State Department of Transportation, hereafter called Caltrans, for allocation to various authorized transportation projects . B. This Agreement, entered into this date of , 1993 , is between Caltrans and the City of Huntington Beach, hereafter called City. IT . Statement of Work A. City will be responsible for implementing the Huntington Beach City Traffic Signal Coordination project, hereinafter called Project . B. The work to be performed under this contract shall be in accordance with City' s Project proposal entitled Huntington Beach City Traffic Signal Coordination, which proposal is marked Attachment A and made a part of this Agreement. C . Project implementation and the schedule of activities for implementation shall be in accordance with the description contained in Attachment A. D. City shall submit a written request for approval to the District PVEA Project Manager prior to any and all changes in project scope. All changes are subject to Federal approval . E. The Project Manager for City will be James Otterson, (714) 536-5431. F . The District PVEA Project Manager for Caltrans will he Danh Phan, (714) 724-2346 . III . Schedule of Reports Annual Report Format - Project Title Description - Cost Anticipated Energy Savings Page 2 of 7 Agreement No. PVE-9301 - Objectives - Target Population - Project Activities and Comments - Next Fiscal Year Expenditures City shall submit the Annual Report by June 30 of each year. IV. Period of Performance A. This Agreement shall begin on July 1, 1993 , contingent upon approval by Caltrans, and will terminate on June 30, 1996 unless extended by supplemental agreement . B . City shall notify the District PVEA Project Manager, in writing, in advance of any changes in scheduled completion dates . V. Payment Provisions A. City shall comply with the audit requirements contained in the U. S. Department of Energy Financial Assistance Rules, 10 CFR 600 , Subpart D, Audits of State and Local Governments . B. Funds disbursed shall be used to supplement and not supplant funds otherwise available for such as provided for under Section 155 of the Further Continuing Appropriations Act, Fiscal Year 1983 . C. Under Section 3 . f . iii . , Administrative Expenses, of the Final Settlement Agreement No. M.D.L. 378 , City is allowed no more than 5 percent of the State of California funds allocated for the Project for administrative expenses . "Administrative expenses" are those expenses which the State has historically considered to be administrative under each program. D. The Contractor shall not commence performance of work or services until this Agreement has been approved by Caltrans . No payment will be made prior to approval nor for any work performed prior to approval of this Agreement . E . Total reimbursement under this Agreement shall not exceed $500, 000 . 00 . F. Caltrans will make progress payments monthly in arrears based on work performed and actual costs incurred. Page 3 of 7 Agreement No. PVE-9301 Caltrans will withhold 10 percent of each progress payment . The retention amount will be paid to City upon successful completion of the Project pursuant to this Agreement . Monthly payments will be made as promptly as fiscal procedures permit upon receipt by the District PVEA Project Manager of an itemized signed invoice in triplicate . Invoices shall be mailed to the District PVEA Project manager at the following address: Department of Transportation District 12 Traffic Management & Systems Development 2501 Pullman Street Santa Ana, CA 92705 Attn: Danh Phan G. City will provide vouchers of actual expenditures incurred and narrative work completed. I . City shall provide written notification to the District PVEA Project Manager in advance of any changes in program direction that may require budget revisions . VI . Subcontracting A. Any work pertinent to this Agreement which is to be subcontracted is subject to prior approval by Caltrans . B . Any Subcontract in excess of $25, 000 as a result of this Agreement shall contain all the provisions stipulated in this Agreement . VII . Nondiscrimination A. During the performance of this Agreement, City, its subcontractors and consultants shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) , or sex. City, its subcontractors and consultants shall comply with the provisions of the Fair Employment and Housing Act (Government Code: . Section 12900 et seq. ) and applicable regulations promulgated thereunder (California Administrative Code, Title 2 , Section 7285 . 0 et Seq. ) . The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the Page 4 of 7 Agreement No. PVE-9301 California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full . City, its subcontractors and consultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement . R . City shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement . C. Appendix A, relative to nondiscrimination on federally- assisted projects, is attached hereto and made a part of this Agreement . D. City shall comply with Title VI of the Civil Rights Act of 1964, as amended. Accordingly, 49 CFR 21 through Appendix C and 23 CFR .710 .405 (b) are applicable to this Agreement by reference . VIII. Cost Principles A. City agrees that the Agreement Cost Principles and Procedures, CFR 48, Federal Acquisition Regulations System, Chapter 1, Part 31, shall be used to determine the- allow-ability of individual items of cost . B . City also agrees to comply with Federal procedures in accordance with CFR 49, Part 18 , Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local governments. C. Any costs for which payment has been made to City, that are determined by subsequent audit to be unallowable under CFR 48, Federal Acquisition Regulations System, Chapter 1, Part 31, are subject to repayment by City to Caltrans . IX. Disputes A. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by Caltrans ' s Contract Officer, who may consider any written or verbal evidence submitted by City. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on both parties to the Agreement on all questions of fact considered and determined by the Contract Officer. Page 5 of 7 Agreement No. PVE-9301 B. Neither the pendent of a dispute nor its consideration by the Contract officer will excuse City from full and timely performance in accordance with the terms of the Agreement . X. Retention of Record/Audits City, its subcontractors and consultants, and Caltrans shall maintain all books, documents, paper, accounting records, and other evidence pertaining to the performance of the Agreement, but not limited to, the costs of administering the Agreement . All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement . Caltrans, the State Auditor General, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of City that are pertinent to the Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested (Government Code Section 10532) . XI . Funding Requirements It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. This Agreement is valid and enforceable only if sufficient funds are made available to Caltrans by the United States Government and the California State Legislature for the purpose of this program, and if the previously mentioned Statement of work is approved by the U.S . Department of Energy. In addition, this Agreement is subject to any additional restrictions, limitations, conditions or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this Agreement in any manner. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds . Caltrans has the option to void the Agreement under the 30-day cancellation clause or to amend the Agreement to Page 6 of 7 Agreement No. PVE-9301 reflect any reduction of funds . XII . Change in Terms This Agreement may be amended or modified only by mutual written agreement of the parties . XIII . Termination A. This Agreement may be terminated for breach of any obligation, covenant or condition hereof, upon written notice to the breaching party. with respect to any breach which is reasonably capable of being cured, the breaching party shall have 30 days from the date of the notice to initiate steps to cure, not to exceed 60 days from the date of the initial notice, unless a further extension is granted. B. In the event this Agreement is terminated, reimbursement shall be made to City for all expenses incurred up to the time of termination, subject to expenditure limits applicable to this Agreement . IN WITNESS WHEREOF, the parties hereto have executed this Agreement . STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BY: F. Edward Khosravi, Chief Traffic Systems Development Branch RECIPIENT BY : TITLE: Page 7 of 7 ` 1 Agreement No. PVE-9301 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FUND TRANSFER AGREEMENT EFFECTIVE DATE OF AGREEMENT: ' RECIPIENT: The City of Huntington Beach COMPLETE TITLE OF PROJECT: Huntington Beach City Traffic Signal Coordination PHASE OF PROJECT [ ] OR COMPLETE PROJECT [ ] FUND AUTHORIZATIONS: U. S. Department of Energy FUND SOURCE: PVE - Stripper Well Expenditure Plan No. 14, FETSIM Grants, 93 FY, Fund 853 , FD Detail 02 AMOUNT: $500, 000 . 00 FISCAL YEAR: 1993 -- 1994 LAST EXPENDITURE DATE: June. 30 , 1996 TERMINATION DATE OF AGREEMENT: June 30, 1996 Page 1 of 7 6542 Agreement No. PVE-9301 I . Background A. AB 979, Chapter 587, Statutes of 1992, appropriated $10, 940, 000 from the Petroleum Violation Escrow Account (PVEA) held in the Federal Trust Fund to the State Department of Transportation, hereafter called Caltrans, for allocation to various authorized transportation projects . B. This Agreement, entered into this date of , 1993 , is between Caltrans and the City of Huntington Beach, hereafter called City. II. Statement of Work. A. City will be responsible for implementing the Huntington Beach City Traffic Signal Coordination project, hereinafter called Project. B. The work to be performed under this contract shall be in accordance with City' s Project proposal entitled Huntington Beach City Traffic Signal Coordination, which proposal is marked Attachment A and made a part of this Agreement . C. Project implementation and the schedule of activities for implementation shall be in accordance with the description contained in Attachment A. D . City shall submit a written request for approval to the District PVEA Project Manager prior to any and all changes in project scope . All changes are subject to Federal approval. E. The Project Manager for City will be James Otterson, (714) 536-5431. F. The District PVEA Project Manager for Caltrans will be Oanh Phan, (714) 724-2346 . III . Schedule of Reports Annual Report Format - Project Title - Description - Cost - Anticipated Energy Savings Page 2 of 7 Agreement No. PVE-9301 objectives Target Population Project Activities and Comments Next Fiscal Year Expenditures City shall submit the Annual Report by June 30 of each year. IV. Period of Performance A. This Agreement shall begin on July 1, 1993 , contingent upon approval by Caltrans, and will terminate on June 30, 1996 unless extended by supplemental agreement . B. City shall notify the District PVEA Project Manager, in writing, in advance of any changes in scheduled completion dates . V. Payment Provisions A. City shall comply with the audit requirements contained in the U.S. Department of Energy Financial Assistance Rules, 10 CFR 600, Subpart D, Audits of State and Local Governments. B. Funds disbursed shall be used to supplement and not supplant funds otherwise available for such as provided for under Section 155 of the Further Continuing Appropriations Act, Fiscal Year 1983 . C. Under Section 3 . f. iii . , Administrative Expenses, of the Final Settlement Agreement No. M.D.L. 378, City is allowed no more than 5 percent of the State of California funds allocated for the Project for administrative expenses. "Administrative expenses" are those expenses which the State has historically considered to be administrative under each program. D. The Contractor shall not commence performance of work or services until this Agreement has been approved by Caltrans . No payment will be made prior to approval nor for any work performed prior to approval of this Agreement. E. Total reimbursement under this Agreement shall not exceed $500, 000 . 00 . F. Caltrans will make progress payments monthly in arrears based on work performed and actual costs incurred. Page 3 of 7 6542 Agreement No. PVE-9301 Caltrans will withhold 10 percent of each progress payment . The retention amount will be paid to City upon successful completion of the Project pursuant to this Agreement. Monthly payments will be made as promptly as fiscal procedures permit upon receipt by the District PVEA Project Manager of an itemized signed invoice in triplicate . Invoices shall be mailed to the District PVEA Project Manager at the following address : Department of Transportation District 12 Traffic Management & Systems Development 2501 Pullman Street Santa Ana, CA 92705 Attn: Danh Phan G. City will provide vouchers of actual expenditures incurred and narrative work completed. I . City shall provide written notification to the District PVEA Project Manager in advance of any changes in program direction that may require budget revisions . VI. Subcontracting A. Any work pertinent to this Agreement which is to be subcontracted is subject to prior approval by Caltrans . B. Any Subcontract in excess of $25, 000 as a result of this Agreement shall contain all the provisions stipulated in this Agreement . VII. Nondiscrimination A. During the performance of this Agreement , City, its subcontractors and consultants shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical ,condition, marital status, age (over 40) , or sex. City, its subcontractors and consultants shall comply with the provisions of the Fair Employment and Housing Act (Government Code . Section -12900 et seq. ) and applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285 . 0 et Seq. ) . The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 , set forth in Chapter 5 of Division 4 of Title 2 of the Page 4 of 7 Agreement No. PVE-9301 California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full . City, its subcontractors and consultants shall. give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement . B . City shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. C. Appendix A, relative to nondiscrimination on federally- assisted projects, is attached hereto and made a part of this Agreement. D. City shall comply with Title VI of the Civil Rights Act of 1964, as amended. Accordingly, 49 CFR 21 through Appendix C and 23 CFR .710 . 405 (b) are applicable to this Agreement by reference. VIII . Cost Principles A. City agrees that the Agreement Cost Principles and Procedures, CFR 48 , Federal Acquisition Regulations System, Chapter 1, Part 31, shall be used to determine the- allow-ability of individual items of cost . B . City also agrees to comply with Federal procedures in accordance with CFR 49, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and local governments . C. Any costs for which payment has been made to City that are determined by subsequent audit to be unallowable under CFR 48 , Federal Acquisition Regulations System, Chapter 1, Part 31, are subject to repayment by City to Caltrans . IX. Disputes A. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by Caltrans ' s Contract Officer, who may consider any written or verbal evidence submitted by City. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on both parties to the Agreement on all questions of fact considered and determined by the Contract Officer. Page 5 of 7 6542 Agreement No. PVE-9301 B. Neither the pendent of a dispute nor its consideration by the Contract officer will excuse City from full and timely performance in accordance with the terms of the Agreement. X. Retention of Record/Audits City, its subcontractors and consultants, and Caltrans shall maintain all books, documents, paper, accounting records, and other evidence pertaining to the performance of the Agreement, but not limited to, the costs of administering the Agreement . All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. Caltrans, the State Auditor General, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of City that are pertinent to the Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested (Government Code Section 10532) . XI . Funding Requirements It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional or legislative appropriation of funds for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made . This Agreement is valid and enforceable only if sufficient funds are made available to Caltrans by the United States Government and the California State Legislature for the purpose of this program, and if the previously mentioned Statement of Work is approved by the U. S . Department of Energy. In addition, this Agreement is subject to any additional restrictions , limitations , conditions or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this Agreement in any manner. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds . Caltrans has the option to void the Agreement under the 30-day cancellation clause or to amend the Agreement to Page 6 of 7 Agreement No. PVE-9301 reflect any reduction of funds . XII . Change in Terms This Agreement may be amended or modified only by mutual written agreement of the parties. XIII . Termination A. This Agreement may be terminated for breach of any obligation, covenant or condition hereof, upon written notice to the breaching party. With respect to any breach which is reasonably capable of being cured, the breaching party shall have 30 days from the date of the notice to initiate steps to cure, not to exceed 60 days from the date of the initial notice, unless a further extension is granted. B . In the event this Agreement is terminated, reimbursement shall be made to City for all expenses incurred up to the time of termination, subject to expenditure limits applicable to this Agreement . IN WITNESS WHEREOF, the parties hereto have executed this Agreement . STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BY: c F. Edward Khosravi, Chief Traffic Systems Development Branch RECIPIENT BY: TITLE: Page 7 of 7 6542 Res. No. 6542 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the rtG day of November , 19 U by the following vote: AYES: Councilmembers: Rnhita;1lp- Baljer. Moulton-Pg,=son, Winchell. Silva, Sullivan, Leipzig NOES: Councilmembers: None ABSENT: Councilmembers: Now_ — City er an ex-officioKlerk of the City Council of the' Ci ty of Huntington Beach, California