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Home My WebLink AboutRES CC 2005 2349 2005 0615RESOLUTION NO. 2005 -2349 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION PERTAINING TO THE TREE PLANTING PROJECT [STPLER- 5436(009); EA 07- 932228] WHEREAS, the City has applied for and has received approval of Federal Transportation Enhancement Act (TEA) funds for tree planting; and WHEREAS, it is necessary and appropriate to document the receipt of said grant funding through the execution of a Supplemental Agreement to the City /State Agreement pertaining to Federal -Aid Projects. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That Program Supplement No. M008 to Agreement No. 07 -5436 is hereby approved. Section 2. That the City Manager of the City of Moorpark is hereby authorized to execute said Program Supplement on behalf of the City. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and shall cau fied resolution to be filed in the book of original Resolu se ons. PASSED AND ADOPTED thi,X 15th day of J 1ne, 2#M. ATTEST: 0 �. Deborah S. Traffenste'de, City Clerk Attachment A: Supplemental Agreement rick HTnT r, Mayor Resolution No. 2005 -2349 Page 2 ATTACHMENT A PROGRAM SUPPLEMENT NO. M008 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 07 -5436 Date: May 19, 2004 Location: 07- VEN- 0-MRPK Project Number : STPLEE- 5436(009) S.A. Number: 07-932228 This Program Supplement hereby incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 03/01/96 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. , approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth on the following pages. PROJECT LOCATION: VARIOUS LOCATIONS AROUND CITY OF MOORPARK TYPE OF WORK-* STREET TREES LENGTH: 0(MILSS) Estimated Cost Federal Funds Matching Funds $26,334.00 BTKO $23,216.00 LOCAL $3,118.00 $0.00 OTHER $0.00 CITY OF MOORPARK By Date Attest STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementatic Division of Local Assistance Date Title I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrances ` q _ Accounting Officer Date $23,216.00 Chapter I Statutes I — Items I Year I —Program I BC I Category I Fund Source I ANDUM 157 2003 2660 -102 -890 2003 -2004 20.30.100.813 S 262042 892 -F Program Supplement 07- 5436 -XOOS- ISTEA 23,216.00 page 1 of 4 Resolution No. 2005 -2349 Page 3 07- VEN- 0-MRPK 05/19/2004 STPLEE - 5436(009) SPECIAL COVENANTS OR REMARKS 1. The ADMINISTERING AGENCY will reimburse the STATE for the ADMINISTERING AGENCY share of costs for work requested to be performed by the STATE. 2. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the most current published Local Assistance Procedures Manual. 3. All project repair, replacement and maintenance involving the physical condition and the operation of project improvements referred to in Article III MAINTENANCE, of the aforementioned Master Agreement will be the responsibility of the ADMINISTERING AGENCY and shall be performed at regular intervals and as required for efficient operation of the completed project improvements. 4. This PROJECT is programmed to receive Federal Transportation Enhancement Activities (TEA) fund. The ADMINISTERING AGENCY agrees that any functional or operational change to a TEA PROJECT, before, during or after PROJECT acquisition and /or construction, that does not comply with, or is in conflict with, the TEA program requirements and the original purpose of the project at the time it was programmed may render the PROJECT ineligible for Federal reimbursement and ADMINISTERING AGENCY may be required to reimburse STATE the entire amount of TEA funds contributed to the project or the value of the TEA fund contribution, based upon the fair market value of the acquisition and /or construction, at the time the conflict and /or non - compliance is determined, whichever is greater. S. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A -133 if it receives a total of $300,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning & Research. OMB A -133 superceded OMB A -128 in 1996. A reference to OMB A -128 in a Master Agreement (if any) is superceded by this covenant to conform to OMB A -133. 6. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal -Aid Project Authorization /Agreement or Amendment /Modification (E -76) and Program Supplant 07- 5636 - 1[008- ISTEA Page 2 of 4 Resolution No. 2005 -2349 Page 4 07- VEN- 0-MRPK 05/19/2004 STPLEE- 5436(009) SPECIAL COVENANTS OR REMARKS accepts any resultant increases in ADMINISTERING AGENCY funds as shown on the Finance Letter, any modification thereof as approved by the Division of Local Assistance, Office of Project Implementation. 7. Award information shall be subwi.tted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS #33 P. O. Box 942874 Sacramento, CA 94274 -0001 Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual and LPP 01 -06. 8. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available for new phase(s) of work by future Federal obligations will be encumbered on this PROJECT by use of a STATE approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. 9. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this Project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 10. 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 Program Supplement 07- 5436 -K008- ISTEA Page 3 of t Resolution No. 2005 -2349 Page 5 07- VEN- 0-MRPK 05119/2004 STPLEE- 5436(009) SPECIAL COVENANTS OR REMARKS the State Budget Act. All these periods will-revert Agreement extending these the California Department 16304. The exact date of in the approved finance L project funds not liquidated within unless an executed Cooperative Work dates is requested and is approved by of Finance per Government Code Section each fund reversion will be reflected otter(x) 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 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 Comission and the Department's Accounting Office. Program Supplement 07 -5436- 1[008 -- iSTZ& Page i of 4 Resolution No. 2005 -2349 Page 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2005 -2349 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 15th day of June, 2005, and that the same was adopted by the following vote: AYES: Councilmembers Harper, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Mikos, Millhouse, Parvin WITNESS my hand and the official seal of said City this 23rd day of June, 2005. Deborah S. Traffensted City Clerk (seal)