HomeMy WebLinkAboutCity Council - 2007-34 RESOLUTION NO. 2007-34
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ADMINISTERING AGENCY-STATE MASTER AGREEMENT NO. 00035S AND
PROGRAM SUPPLEMENT AGREEMENT NO. OD38 Rev. 000 FOR THE
SAFE ROUTES TO SCHOOL PROGRAM IN THE VICINITY OF NEWLAND SCHOOL
WHEREAS, the City of Huntington Beach is eligible to receive Federal and/or State
Funding for certain transportation projects, through the California Department of Transportation;
and
Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements
and/or Fund Transfer Agreements need to be executed with the California Department of
Transportation before such funds could be claimed; and
Program Supplemental No. OD38 Rev. 000 to the above mentioned Master Agreement
has been found eligible for funding under the Safe Routes to School Program administered by
the California State Department of Transportation; and
The estimated project cost for this project is $572,000. State funds will be appropriated
in the amount of$251,700 as shown on Attachment A hereto,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That the Mayor and City Clerk are authorized and directed to execute the
necessary documents to implement Agency-State Master Agreement No. 00035S and Program
Supplement Agreement No. OD38 Rev. 000 for the Safe Routes to School Program in the
vicinity of Newland School.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of June , 2007.
M*er
REVIEWED AND APPROVED: APP ED AS TO FORM:
(ity Administrator Ci Attorney 01
IATED AND APPROVED:
r
Director of Public Works
07-1030/9947
EXHIBIT A
DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 04/13/2007
DIVISION OF ACCOUNTING Agency: 12-ORA-0-HNTB
LOCAL PROGRAM ACCOUNTING BRANCH Project No: SR2SL-5181(161)
EA No: 12-931884�
Attention: City oh Huntington Beach
FINANCE ITEMS TOTAL COST OF PART.COST STATE FUNDS LOCAL FUNDS OTHER FUNDS
WORK
j
Contract Items ` t
Construction $296,00 $296,00 $251,70, $44,300 $0
Totals: $296,00 $296,OOC $251,70 $44,300 $0
Fed. Partic: 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency.The following
encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.
Signature: For questions regarding finance letter,contact:
Title: HQ Local Assistance Area Engineer Printed Name: Patrick Louie
-- -- - - -- --- Telephone No: (916)653-7349
Remarks: Project#110 on 05/06 selection list. Reimbursement ratio=90%.
ACCOUNTING INFORMATION- SR2SL-5181(161) j
Fund Program Fed/State Encumbrance Amount Approp Year Expenditure Amount Reversion Date
L A SAFE ROUTE"" S $251,700 - 2005 _-- — $0 1 06/30/10
Page 1 of 1
STATE OF CALIFORNIA.BUSINESS,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger,Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance { fi
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento,CA 94274-0001
TDD(916)654-4014
(916)654-3151 File : 12-ORA-0-HNTB
Fax(916)653-7621 SR2SL-5181(161)
April 16, 2007 Intersection of Yorktown Avenue
and Windward Lane
Mr. Robert Stachelski
Transportation Manager
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92866
Attn: Mr. William Janusz
Dear Mr. Stachelski:
Enclosed are two originals of the Administering Agency-State Master Agreement No. 00035S, Program Supplement
Agreement No. OD38 Rev. 000 and an approved Finance Letter for the subject project. Please retain the signed
Finance Letter for your records.
Please sign both originals of these two Agreements and return them to this office, Office of Local Programs- MS1within
60 days from the date of this letter. If the signed Agreements are not received back in this office within 60 days,funds
will be disencumbered and/or deobligated. Alterations should not be made to the agreement language or funding.
Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to
execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans.
No invoices for reimbursement can be processed until the agreement is fully executed.
In accordance to Government Code 16304, Federal funds appropriated by the State budget are available for liquidation
only for seven years and the State funds are available only for five years. The attached Finance Letter shows these
deadlines as the "Reversion Date". Please ensure that your invoices are submitted at least 60 days prior to the
reversion date to avoid any lapse of funds. If your agency is unable to seek reimbursement by this date you may
request an extension through a Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the
State Department of Finance. If approved,the CWA may extend the deadline for up to one year for federal funds and
up to three years for State funds.
Please note that Government Code 16304 does not supersede any other more restrictive expenditure deadlines.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sincerely,
n
f `.r
i-DENIX ANBIAH, Chief
Office of Project Implementation
Division of Local Assistance
Enclosure
c: OLP AE Project Files
(12) DLAE - Alan Williams
Iffol
SAMPLE BLANKET RESOLUTION
Following is a sample language you could include in you blanket
resolution
WHEREAS, the (agency name) is eligible to receive Federal and/or State funding
for certain transportation projects, through the California Department of
Transportation and
WHEREAS, Master Agreements, Program Supplemental Agreements, Fund
Exchange Agreements and/or Fund Transfer agreements need to be executed
with the California Department of Transportation before such funds could be
claimed and
WHEREAS, the (city/county) wishes to delegate authorization to execute these
agreements and any amendments thereto that the (Mayor/
City Engineer/Director of Public Works, etc.) be authorized to execute all Master
Agreements, Program Supplemental Agreements, Fund Exchange Agreements,
Fund Transfer Agreements and/or any amendments thereto with the California
Department of Transportation.
MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT FOR
STATE-FUNDED PROJECTS
12 City of Huntington Beach
------------------------------------
District Administering Agency
Agreement No. 00035S
This AGREEMENT, is entered into effective this c;�3 day ofMAR64 , 2007, by and
between the City of Huntington Beach, hereinafter referred to as "ADMINISTERING AGENCY,
and the State of California, acting by and through its Department of Transportation (Caltrans),
hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a
"PARTY."
RECITALS:
1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain
State funds are made available for use on local transportation related projects of public entities
qualified to act as recipients of these state funds; and
2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation
Commission (CTC) and/or STATE for funding from either the State Transportation Improvement
Program (STIP), or other State-funded programs (herein referred to as STATE FUNDS), as
defined in the Local Assistance Program Guidelines (LAPG), for use on local authorized
transportation related projects as a local administered project(s), hereinafter referred to as
"PROJECT"; and
3. WHEREAS, said PROJECT will not receive any federal funds; and
4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING
AGENCY and STATE are required to enter into an agreement to establish terms and conditions
applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated
PROJECT facility and to the subsequent operation and maintenance of that completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
Page 1 of 16
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and
until a project-specific Program Supplement to this AGREEMENT for state funded projects,
hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE
and ADMINISTERING AGENCY.
2. The State approved project-specific allocation letter designate the party responsible for
implementing PROJECT, type of work and location of PROJECT.
3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the
ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated
PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have
been initially encumbered for PROJECT along with the matching funds to be provided by
ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the
PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT
as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly
delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written
concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the
governing body of ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM
SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend
future allocations, encumbrances and invoice payments for any on-going or future STATE
FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM
SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by
STATE in writing.
5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of
STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to
comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special
Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and
Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the
specific PROJECT.
6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of
the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT.
7. Projects allocated with STATE FUNDS from the STIP will be administered in accordance with
the current CTC STIP Guidelines, as adopted or amended and in accordance with Chapter 23 of
the Local Assistance Program Guidelines (LAPG) published by STATE.
8. Projects allocated with STATE FUNDS not programmed in the STIP will be administered in
accordance with the applicable chapter of the LAPG and/or any other instructions published by
STATE.
9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all
preliminary work directly related to PROJECT up to contract award for construction, including, but
not limited to, environmental studies and permits (E&P), preliminary surveys and reports,
laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E),
Page 2 of 16
advertising for bids, awarding of a contract and project development contract administration.
10. ADMINISTERING AGENCY's eligible costs for construction engineering includes actual
inspection and supervision of PROJECT construction work; construction staking; laboratory and
field testing; and the preparation and processing of field reports, records, estimates, final reports,
and allowable expenses of employees/consultants engaged in such activities.
11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or
its sub-contractor engineering consultant shall be responsible for all PROJECT engineering work.
12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final
environmental approval of PROJECT. Final design entails the design work necessary to complete
the PS&E and other work necessary for a construction contract but not required earlier for
environmental clearance of that PROJECT.
13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in
accordance with Chapter 11 of the Local Assistance Procedures Manual (LAPM) that describes
minimum statewide design standards for local agency streets and roads. The design standards
for projects off the National Highway System (NHS) allow STATE to accept either the STATE's
minimum statewide design standards or the approved geometric design standards of
ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept
ADMINISTERING AGENCY-approved standard specifications, standard plans, materials
sampling and testing quality assurance programs that meet the conditions described in the then
current Local Assistance Procedures Manual.
14. If PROJECT involves work within or partially within STATE-owned right-of-way, that
PROJECT shall also be subject to compliance with the policies, procedures and standards of the
STATE Project Development Procedures Manual and Highway Design Manual and where
appropriate, an executed cooperative agreement between STATE and ADMINISTERING
AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES.
ADMINISTERING AGENCY and its' contractors shall each obtain an encroachment permit
through STATE prior to commencing any work within STATE rights of way or work which affects
STATE facilities.
15. When PROJECT is not on the State Highway System (SHS) but includes work to be
performed by a railroad, the contract for such work shall be prepared by ADMINISTERING
AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING
AGENCY shall enter into an agreement with the railroad providing for future maintenance of
protective devices or other facilities installed under the contract.
16. The Department of General Services, Division of the State Architect, or its designee, shall
review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and
related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a
PROJECT construction contract for these types of improvements until the State Architect has
issued written approval stating that the PROJECT plans and specifications comply with the
provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further
requirements and guidance are provided in Title 24 of the California Code of Regulations.
17. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection
of each PROJECT. While consultants may perform supervision and inspection work for
PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a
Pa, e 3 of 16
full-time employee to be in responsible charge of each PROJECT.
18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY
shall advertise, award, and administer the PROJECT construction contract or contracts.
19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or
contractor forces during any temporary suspension of PROJECT or at any other time may not be
charged to the PROJECT.
20. ADMINISTERING AGENCY shall submit PROJECT-specific award information, using Exhibit
23-A of the LAPG, to STATE's District Local Assistance Engineer, within sixty (60) days after
contract award. A copy of Exhibit 23-A shall also be included with the submittal of the first invoice
for a construction contract by ADMINISTERING AGENCY to: Department of Transportation,
Division of Accounting Local Programs Accounting Branch, MS #33, PO Box 942874,
Sacramento, California 94274-0001.
21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute
a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure
by ADMINISTERING AGENCY to submit a "Report of Expenditures" within 180 days of project
completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in
accordance Chapters 17 and 19 of the Local Assistance Procedures Manual.
22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of
1990 that prohibits discrimination on the basis of disability and all applicable regulations and
guidelines issued pursuant to the ADA.
23. The Governor and the Legislature of the State of California, each within their respective
jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and
other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the
requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit
A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third
party for performance of work connected with PROJECT shall incorporate Exhibit A (with third
party's name replacing ADMINISTERING AGENCY) as parts of such agreement.
24. ADMINISTERING AGENCY shall include in all subcontracts awarded when applicable, a
clause that requires each subcontractor to comply with California Labor Code requirements that all
workers employed on public works aspects of any project (as defined in California Labor Code
sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by
the Department of Industrial Relations as effective at the date of contract award by the
ADMINISTERING AGENCY.
Page 4 of 16
ARTICLE II - RIGHTS OF WAY
1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all
necessary rights of way have been secured. Prior to the advertising for construction of PROJECT,
ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence
that all necessary rights-of-way are available for construction purposes or will be available by the
time of award of the construction contract.
2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes,
and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures to purchase all real property required for PROJECT free and clear of liens,
conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair
market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.
(b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real
property required for the PROJECT, title free and clear of obstructions and encumbrances
affecting PROJECT and the payment, as required by applicable law, of damages to owners of
remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to
Government Code sections 7260-7277 when PROJECT displaces an individual, family, business,
farm operation or nonprofit organization.
(d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is
recorded for sale proceeds used to offset PROJECT costs.
(e) The cost of all unavoidable utility relocation, protection or removal.
(f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or
removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and
where the actual generator cannot be identified and recovery made.
3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability
that may result in the event the right-of-way for a PROJECT, including, but not limited to, being
clear as certified or if said right-of-way is found to contain hazardous materials requiring
treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING
AGENCY shall pay, from its own non-matching funds, any costs which arise out of delays to the
construction of PROJECT because utility facilities have not been timely removed or relocated, or
because rights-of-way were not available to ADMINISTERING AGENCY for the orderly
prosecution of PROJECT work.
" ge 5 of 16
ARTICLE III - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed,
constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as
the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE,
ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer
this obligation and responsibility to maintain and operate PROJECT property for that intended
public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon
contractor being relieved of the responsibility for maintaining and protecting PROJECT,
ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the
expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of
STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the
duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between
itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance,
ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING
AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in
a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after
receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly
operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the
conditions complained of, the approval of future STATE FUNDED PROJECTS of
ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition
of operation and maintenance satisfactory to STATE. The provisions of this section shall not
apply to a PROJECT that has been vacated through due process of law with STATE's
concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of
engineers and/or such other professionals and technicians as PROJECT reasonably requires.
Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another
unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All
maintenance will be performed at regular intervals or as required for efficient operation of the
complete PROJECT improvements.
Page 6 or 16
ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the
Legislature and the allocation of resources by the CTC.
2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this
AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's
approved finance letter.
3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement
of allowable PROJECT costs on a monthly or quarterly progress basis once the project-specific
PROGRAM SUPPLEMENT has been executed by STATE.
4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six
months commencing after the STATE FUNDS are encumbered on either the project-specific
PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE.
STATE reserves the right to suspend future allocations and invoice payments for any on-going or
future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have
not been invoiced by ADMINISTERING AGENCY for a six-month period
5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address
of ADMINISTERING AGENCY and shall be formatted in accordance with Chapter 5 of the LAPM.
6. Invoices must have at least one copy of supporting backup documentation for allowable costs
incurred and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup
documentation includes, but is not limited to, agency's progress payment to the contractors,
copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a
computerized summary of PROJECT costs.
7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements
of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.
8. An indirect cost allocation plan and related documentation are to be provided to STATE
(Caltrans Audits & Investigations) annually for review and approval prior to ADMINISTERING
AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for
reimbursement. The indirect cost allocation plan must be prepared in accordance with the
requirements set forth in Office of Management and Budget Circular A-87 and Chapter 4 of the
Local Assistance Procedures Manual.
9. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY
submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT
PROJECT.
10. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the
required matching funds may be adjusted by mutual consent of the PARTIES with an allocation
letter and finance letter. STATE FUNDING may be increased to cover PROJECT cost increases
only if such additional funds are available and the CTC and/or STATE concurs with that increase
in the form of an allocation and finance letter.
Page 7 of 16
11. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees
that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own
funds.
12. ADMINISTERING AGENCY shall use its own non STATE FUNDS to finance the local share of
eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with
STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost
eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.
13. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work
performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include
overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
14. STATE FUNDS allocated from the STIP are subject to the timely use of funds provisions
enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State
procedures approved by the CTC and STATE.
15. STATE FUNDS encumbered for PROJECT are available for liquidation only for five (5) years
from the beginning of the State fiscal year when those funds were appropriated in the State
Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative
Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the
California Department of Finance in accordance with Government Code section 16304. The exact
date of fund reversion will be reflected in the STATE signed PROJECT finance letter.
16. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per
diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors
claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to
rank and file STATE employees under current State Department of Personnel Administration
(DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates,
ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments
inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on
demand.
17. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB)
Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments.
18. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors 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 PROJECT 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. ADMINISTERING AGENCY agrees to comply with the provisions set
Page 8 of 16
forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.
19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit
that are determined by subsequent audit to be unallowable under OMB Circular A-87, 48 CFR,
Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646 or 49 CFR, Part 18, are subject to repayment
by ADMINISTERING AGENCY to STATE.
20. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts
invoiced to STATE shall be returned to STATE.
21. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided herein
or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT
without adequate justification and approval by STATE, then, within thirty (30) days of demand, or
within such other period as may be agreed to in writing between the PARTIES hereto, STATE,
acting through the State Controller, the State Treasurer, the CTC or any other public entity or
agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid
by or owed to STATE for each PROJECT, from future apportionments, or any other funds due
ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds,
and/or may also withhold approval of future STATE FUNDED projects proposed by
ADMINISTERING AGENCY.
22. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint
powers authority, special district, or any other public entity not directly receiving funds through the
State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding
are available, including the withholding or transfer of funds, pursuant to Article IV - 21, from those
constituent entities comprising a joint powers authority or by bringing of an action against
ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by
STATE hereunder.
23. ADMINISTERING AGENCY acknowledges that the signatory party represents the
ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers
Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or
otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING
AGENCY in contravention of the terms of this AGREEMENT.
Page 9 of 16
ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and
records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees,
and shall require its contractors and subcontractors to agree, to cooperate with STATE by making
all appropriate and relevant PROJECT records available for audit and copying as required by
paragraph three (3) of Article V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an
accounting system and records that properly accumulate and segregate incurred PROJECT costs
and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING
AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting
Principles, enable the determination of incurred costs at interim points of completion, and provide
support for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. For the purpose of determining compliance with Title 21, California Code of Regulations,
Chapter 21, section 2500 et seq., when applicable, and other matters connected with the
performance and costs of ADMINISTERING AGENCY's contracts with third parties pursuant to
Government Code section 8546.7, ADMINISTERING AGENCY, ADMINISTERING AGENCY's
contractors and subcontractors, and STATE shall each maintain and make available for inspection
and audit 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 AGREEMENT and
PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times
during the entire PROJECT period and for three (3) years from the date of final payment to
ADMINISTERING AGENCY under any PROGRAM SUPPLEMENT. STATE, the California State
Auditor, or any duly authorized representative of STATE or the United States, shall each have
access to any books, records, and documents that are pertinent to a PROJECT for audits,
examinations, excerpts, and transactions and ADMINISTERING AGENCY shall furnish copies
thereof if requested.
4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act
of OMB Circular A-133 if it receives a total of $500,000 or more in STATE FUNDS in a single
fiscal year. The STATE FUNDS received under PROGRAM SUPPLEMENT are a part of the
Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research.
5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the
terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING
AGENCY'S annual audit and in the schedule of projects to be examined under its single audit
prepared in accordance with OMB Circular A-133.
6. ADMINISTERING AGENCY 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 under this AGREEMENT without the prior
written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or
used as local match credit must meet the requirements set forth in this AGREEMENT regarding
local match funds.
Page 10 of 16
7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT
shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V,
AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 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.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match
funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the
same manner that is required of all other PROJECT expenditures.
9. In addition to the above, the pre-award requirements of third-party contractor/consultants with
ADMINISTERING AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES.
Page 11 of 16
ARTICLE VI - MISCELLANEOUS PROVISIONS
1 . ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for
transportation purposes that are in conformance with Article XIX of the California State
Constitution and other California laws.
2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and
regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures
Manual as published by STATE and incorporated herein, including all subsequent approved
revisions thereto applicable to PROJECT unless otherwise designated in the project-specific
executed PROJECT SUPPLEMENT.
3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute
enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or
funding of this AGREEMENT in any manner.
4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY,
when engaged in the performance of this AGREEMENT, shall act in an independent capacity and
not as officers, employees or agents of STATE.
5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and
funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM
SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.
6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals
are suspended or debarred at the time of the execution of this AGREEMENT, and
ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a
suspension or a debarment occurs after the execution of this AGREEMENT.
7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or
selling agency has been employed or retained to solicit or secure this AGREEMENT upon an
agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling agencies
maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or
violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay
only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct
from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount
of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby
certifies under penalty of perjury that no more than one final unappealable finding of contempt of
court by a federal court has been issued against ADMINISTERING AGENCY within the immediate
preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an
order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the
National Labor Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with
STATE that may have an impact upon the outcome of this AGREEMENT or any individual
PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall
also list current contractors who may have a financial interest in the outcome of a PROJECT
undertaken pursuant to this AGREEMENT.
Page 12 of 16
10. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any
financial or business interest that would conflict with the performance of any PROJECT initiated
under this AGREEMENT.
11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured
through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE
employee. For breach or violation of this warranty, STATE shall have the right, in its sole
discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually
performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full
amount of such rebate, kickback, or other unlawful consideration.
12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed
of by agreement shall be decided by the STATE's Contract Officer, who may consider any written
or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract
Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact
considered and determined by the Contract Officer.
13. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse the
ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this
AGREEMENT and each PROGRAM SUPPLEMENT.
14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or
liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY
under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY
arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY
shall fully defend, indemnify and save harmless STATE and all of its officers and employees from
all claims and suits or actions of every name, kind and description brought forth under, including
but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of
liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY
under this AGREEMENT.
15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or omitted to be done by, under or
in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is
understood and agreed that STATE shall fully defend, indemnify and save harmless the
ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions
of every name, kind and description brought forth under, including but not limited to, tortuous,
contractual, inverse condemnation and other theories or assertions of liability occurring by reason
of anything done or omitted to be done by STATE under this AGREEMENT.
16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective
PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to
maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and
conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right
to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING
AGENCY.
17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice
of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is
not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING
Page 13 of 16
AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to
STATE.
18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a
Notice of Termination, which notice shall become effective not less than thirty (30) days after
receipt, specifying the reason for the termination, the extent to which funding of work under this
AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon
which such termination becomes effective, if beyond thirty (30) days after receipt. During the
period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to
attempt to resolve any dispute. In the event of such termination, STATE may proceed with the
PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for
PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of
ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING
AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to
termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and
conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the
cost of any PROJECT completion to STATE shall first be deducted from any sum due
ADMINISTERING AGENCY.
19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a
project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in
that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this
AGREEMENT.
20. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in
writing and signed by the PARTIES, and no oral understanding or agreement not incorporated
herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized
officer.
STATE OF CALIFORNIA City of Huntingto Be h
DEPARTMENT OF TRANSPORTATION S•- �
x
By B a�J
Cit Cle
Chief, Office of Project Implementation City of Huntington Beach
6 Division of Local Assistance Representative Name & Title
(Authorized Governing Body Representative)
Date 44 / Oe 7 Date June 08, 2007
APPROVED AS TO FORM
JENNIFER M.GRATH,City Attorney
,�..�J�%f�✓`�' }�$/off
By Paul D'Alessandro
Page 14 of 16 Assistant City Attorney
EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against
any employee for employment because of race, color, sex, sexual orientation, religion, age,
ancestry or national origin, physical disability, medical condition, marital status, political affiliation,
family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY
will take affirmative action to ensure that employees are treated during employment without regard
to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability,
medical condition, marital status, political affiliation, family and medical care leave, pregnancy
leave, or disability leave. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to
employees for employment, notices to be provided by STATE setting forth the provisions of this
Fair Employment section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Gov. Code, ?1290-0 et seq.), and the
applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, ?7285.0, et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing
Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations are incorporated into this AGREEMENT by reference and made a
part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all
subcontractors shall give written notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of
this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment
advertisements, application forms, and other pertinent data and records by STATE, the State Fair
Employment and Housing Commission, or any other agency of the State of California designated
by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment
section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred
upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING
AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing
Commission that it has investigated and determined that ADMINISTERING AGENCY has violated
the Fair Employment Practices Act and had issued an order under Labor Code section 1426 which
has become final or has obtained an injunction under Labor Code section 1429.
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate
this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing
the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and
by the surety under the performance bond, if any, and STATE may deduct from any moneys due
Page 15 of 16
or thereafter may become due to ADMINISTERING AGENCY, the difference between the price
named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING
AGENCY's breach of this Agreement.
Page 16 of 16
t
PROGRAM SUPPLEMENT NO. D38 Date:April 09,2007
to Location:12-ORA-0-HNTB
ADMINISTERING AGENCY-STATE AGREEMENT Project Number:SR2SL-5181(161)
FOR STATE FUNDED PROJECTS NO. 00035S S.A. Number:12-931884
Locode:5181
This PROGRAM SUPPLEMENT,effective X107,hereby incorporates into the Administering Agency-State Agreement No.
000355 for State funded Pro'ects which was entered into between the ADMINISTERING AGENCY and the STATE with an
effective date of kn) 0/and is subject to all the terms and conditions thereof.This PROGRAM SUPPLEMENT is executed in
accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 2007-34 approved by the
ADMINISTERING AGENCY on 6/4/07(See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from
sources noted below encumbered to this project,it accepts and will comply with the Special Covenants and Remarks set forth on the
following pages.
PROJECT LOCATION:
Intersection of Yorktown Avenue and Windward Lane
TYPE OF WORK: Signal,speed feedback signs,curb ramps,and striping
Estimated Cost State Funds Matching Funds
STATE $251,700.00 LOCAL OTHER
$296,000.00 $44,300.00 $0.00 $0.00
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
Department of Transporton
By By
yor �; � '�'''hief, Office of Project Implementation
Date June 08 200 f Division of Local Assistance
Date 61
Title le k j
I hereby certify upon rsona1 know dge�tJh/aat budgeted funds are available for this encumbrance:
AccountingOfficer( /L � �I1`l� 4— �g—off/
Date / $251,700.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
38 2005 2660-102-042 2005-2006 20.30.010.535 C 262040 042-T 251,700.00
Program Supplement 00-035S-D38- SERIAL Page 1 of 4
12-ORA-O;HNTB 04/09/2007
SR2SL-5181(161)
SPECIAL COVENANTS OR REMARKS
1. 1. This Program Supplement Agreement (PSA) is intended for Safe
Route to School (SR2S) Program funded with State-only funding.
Separate agreements are needed if PROJECT is also funded with any
other STATE administered State or Federal funds.
2. The PROJECT will be administered in accordance with the SR2S
Program Guidelines (LPP 02-01 effective March 11, 2002) , as
approved and amended, and the PROJECT Application.
3 . This PSA allows reimbursement of eligible PROJECT
expenditures to the ADMINISTERING AGENCY for which State funds
are allocated. The effective State allocation date establishes
eligibility for the ADMINISTERING AGENCY to start reimbursable
work and seek reimbursement of funds. Any work done prior to the
effective allocation date is not eligible for reimbursement from
the SR2S funds.
4. The STATE and ADMINISTERING AGENCY agree that SR2S funds
available for reimbursement to the ADMINISTERING AGENCY by the
STATE will be limited to the amount allocated and encumbered by
the STATE. Any additional funds made available by future
allocations will be encumbered on this PROJECT by use of a STATE
approved Allocation Letter and Finance Letter.
5. The ADMINISTERING AGENCY agrees to submit to the STATE,
Exhibit 24-B "Project Status Report" as required by the SR2S
Program Guidelines.
6. The ADMINISTERING AGENCY agrees to encumber the funds under
agreement and award the construction contract by June 30th of the
fiscal year in which funds are programmed. For projects unable to
meet this deadline, the. ADMINISTERING AGENCY may request, in
writing, a time extension from the District Local Assistance
Engineer (DLAE) . A one-time extension, for a maximum period of
one year, may be granted by the DLAE. Projects unable to meet
the new deadline may be dropped from the program.
7 . The ADMINISTERING AGENCY agrees to provide contract award
information to the STATE when submitting first invoice for this
PROJECT. Attachment I of this PSA may be used for providing the
necessary contract award information.
Program Supplement00-035S-D38- SERIAL Page 2 of 4
12-ORA-O-PNTB 04/09/2007
SR2SL-5181(161)
SPECIAL COVENANTS OR REMARKS
8. The ADMINISTERING AGENCY agrees to submit the "Report of
Expenditures" to the DLAE within six (6) months after the project
completion in accordance with Section 17 .5 of the Local
Assistance Procedures Manual (LAPM) .
9. The ADMINISTERING AGENCY agrees to follow all relevant State
laws and requirements including the California Environmental
Quality Act (CEQA) .
2 . The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
3 . All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and
the encumbrance of funds under this Agreement. Funding and
reimbursement are available only upon the passage of the State
Budget Act containing these STATE funds.
4 . Any State and Federal funds that may have been encumbered for
this project are only available for disbursement for a period of
five (5) years and seven (7) years, respectively, from the start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is .not submitted to the
Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year' s
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
on that date.
Pursuant to a directive from the State Controller's Office and
Program Supplement00-035S-D38- SERIAL Page 3 of 4
12-OR A-O,HNTB 04/09/2007
SR2SL-5181(161)
SPECIAL COVENANTS OR REMARKS
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
Program Supplement00-035S-D38- SERIAL Page 4 of 4
Res. No. 2007-34
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 4th day of June, 2007 by the following
vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen
NOES: None
ABSENT: Hardy
ABSTAIN: None
Cit Jerk and ex-officio Mrk of the
City Council of the City of
Huntington Beach, California