HomeMy WebLinkAbout4/18/2007 - STAFF REPORTS - 2.E. ;Of 7 A L M Sp4
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City Council Staff Report
APRIL 18, 2007 CONSENT CALENDAR
Subject: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 022-N,
WITH THE STATE OF CALIFORNIA FOR USE OF EMERGENCY
RELIEF (ER) FEDERAL-AID FUNDS FOR EMERGENCY ROAD
OPENING ON VISTA CHINO AT THE WHITEWATER RIVER, FEDERAL-
AID PROJECT NO. ER-4211(011)
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Approval of Program Supplement Agreement No. 022-N will formally authorize the
reimbursement of $17,614 in federal-aid funds to reopen Vista Chino through the
Whitewater River due to flooding, Federal Aid Project No. ER-421 1(011).
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. 022-N TO ADMINISTERING AGENCY-
STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH
THE STATE OF CALIFORNIA, IN THE AMOUNT OF $17,614 IN EMERGENCY
RELIEF (ER) FUNDS, FOR EMERGENCY ROAD OPENING ON VISTA CHINO
AT THE WHITEWATER RIVER, FEDERAL-AID PROJECT NO, ER-4211(011),
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
ON BEHALF OF THE CITY OF PALM SPRINGS;" and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
In December 2004 and January 2005, significant winter storms caused substantial
flooding and damage throughout the Coachella Valley. On several occasions, Vista
Chino through the Whitewater River was closed to traffic due to damage and debris
flows.
ITEM NO. �
City Council Staff Report
April 18, 2007 - Page 2
Program Supplement Agreement No. 022-N
On February 4, 2005, President Bush declared a major disaster for the State of
California, determining that the damage in certain areas of the State of California,
including Riverside County, resulting from severe storms, flooding, debris flows, and
mudslides on December 27, 2004, through January 11, 2005, was of sufficient severity
and magnitude to warrant a major disaster declaration. The President's declaration was
necessary for local agencies to receive Emergency Relief (ER) federal-aid funds. All
costs incurred by the City to reopen Vista Chino through the Whitewater River are
reimbursed at 100%.
The City operates under a "Master Agreement" with the state of California, identified as
the "Administering Agency — State Agreement No. 08-5282R" for use of federal funds by
the City. The Master Agreement is amended by each successive use of federal funds
by the City, the City is provided with a "Program Supplement Agreement", or
amendment, to the Master Agreement.
In light of the City's submittal of Disaster Assistance Forms to the State of California,
through the Department of Transportation (Caltrans) administering the release of
Emergency Relief (ER) federal-aid funds, Caltrans has submitted to the City for
approval Program Supplement Agreement No. 022-N, which Nill facilitate
reimbursement of the City's costs to reopen Vista Chino. }y
FISCAL IMPACT: Finance Director Review: Cr ��
Approval of Program Supplement Agreement No. 022-N with Caltrans will formally
authorize the reimbursement of $17,614 in federal-aid funds to reopen Vista Chino
through the Whitewater River due to flooding, Federal Aid Project No. ER-421 1(011).
Submitted:
ca,-�, 40 _ry�
David J. Barakian Thomas J. Wilso/
Director of Public Works/City Engineer Assistant City Manager
Approved:
r
David H. Ready
City Manager
ATTACHMENTS.
1. Program Supplement Agreement No. 022-N
2. Resolution
PROGRAM SUPPLEMENT NO. N022 Date:Mnrch 19, -007
to Location:08-IZIV-0 PSI'
ADMINISTUIING AGENCY-STATE AGREEMENT Project Number-lIt-42I I(DI I)
FOR FEDErRbL-AXD PROJECTS NO. 08-5282R E.A. Number.0S•924959
This Piograin Supplement hereby incorpnrates the Admmi Lerim, Agency-Stale Al,rcnnpnl Im Pedelal Aid which was entered inlii
between the Administering Agency and the State on 02/07/07 and iti subject ui.ill the tcnm and conditions thereof.This Prugiain
Supplement is executed in accordance with Artele I of the aforementioned Maaci Amccpmnt under M31110rlty of Resoluaun No.
approved by the Administering Agency On (See copy attached).
The Administegng Agency further stipulates that as a condition to the payment by Statc of any funds derived from sources noted
below obligated to this project,the Administering Agency accepts and will comply with the Spccial covenants or Rcmarls setforth
on the following pages.
PROJECT LOCATION:
Vista Chmu 12aad at the Whitewater River, in Palm Springs" DAF#W WL-PSP-003-0
TYPE OF WORK: Roadway Debris Removal LENGTH: O(MILES)
Estimated Cost Federal Funds Matching Funds
L^R60 $17,614.00 LOCAL OT&ER
$17,614,001 $0.00 $0.00 $0,00
CITY OF PAIN SPRINGS STATE OF CALIFORNIA
Department of Transportation
By By
Date Chief, Office of Project Implementation
Division of Local Assistance
Attest
Date
Title
I hereby cavtify upon my personal knowledge that budgeted £grads arc available for this encumbrance:
ram`
Accounting Office Date '"�/Cr9��") $17,614,00
r_ "r
CbapteY Statutes -item, Mill-'yeas FxOgram SC Category Fund Source .1Me17APF
47 2006 2660-102-990 2006-2007 20,30.010.650 C 225000 892-F 17,614.00
Program Supp2,ement 08-5282R-No22- ISTEA Pago l of 5
08-RIV-0-PSP 03/19ra07
ER-42(1(011
SPECIAL COVENANTS OR REMARKS
1. The work eligible for Federal Reimbursement shall be performed by
the ADMINISTERING AGENCY either by using their own forces or by
contract. The ADMINISTERING AGENCY must be able to identify the
costs incurred at each site and be subject to an audit for
verification.
2. 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.
3- 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 $500, 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_
4_ 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
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_
5. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer within 60 days 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_ Sox 942874
Program Supp7.ement 08-5282R-N022- ISTEA page 2 of 5
08-RiV�O.PS P M/19/2007
ER-4211(011)
SPECIAL COVENANT'S OR REMARKS
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.
6. 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_
7 . 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) .
8_ 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
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.
9_ 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
Program Supp2 ment08-5282R-N022- ISTEA Page 3 of 5
DS-RiV-0-P51 01 /1 911007
LR-4211(011)
SPECIAL COVENANTS OR REMARKS
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 Commission and the Department's Accounting Office_
10_ "ADMINISTERING AGENCY certifies that neither the ADMINISTERING
AGENCY nor its principals are suspended or debarred at the time
of the execution of this agreement_ ADMINISTERING AGENCY agrees
that it will notify the STATE immediately, in the event a
suspension or a debarment happened after the execution of this
agreement. "
11. The Administering Agency shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance
of any DOT -assisted contract or in the administration of its DBE
Program or the requirements of 49 CFR Part 26. The Administering
Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and
administration of DOT -assisted contracts. The administrating
Agency's DBE Race-Neutral Implementation Agreement is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recepient of its failure to carry out its
approved DBE Race-Neutral. Implementation Agreement, Caltrans may
impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986
(31 U.S.C. 3801 et seq. ) .
>5rogram Supplement 08-5282E-N022- ISTEA Page 4 of 5
08-RIV-0-PSP 03/19/2007
HR-4211(01 1)
SPECIAL COVENANTS OR REMARKS
12_ ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at
least once every six months commencing after the funds are
encumbered for each phase by the execution of this Project
Program Supplement Agreement, or by STATE' s approval of an
applicable Finance Fetter_ STATE reserves the right to suspend
future authorizations/obligations, and invoice payments for any
on-going or future federal-aid project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for
a six-month period.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY agrees to submit for each phase a written
explanation of the absence of PROJECT activity along with target
billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents
that collectively constitute a "Report of Expenditures" within
one hundred. eighty (180) days of PROJECT completion_ Failure of
ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 160 days of PROJECT completion will result in STATE
imposing sanctions upon ADMINISTERING AGENCY in accordance with
the current Focal. Assistance Procedures Manual.
13 . Disaster No. CA-05-1-- Emergency opening work will be reimbursed
at 100% if completed within 180 days from the initial day of
storm occurence. The initial day of storm occurence is December
28, 2004_ ADMINISTERING AGENCY records must clearly identify
those costs incurred on or after December 28, 2004 _ Incurred
costs are defined as disbursements made or in process for goods
and services delivered_ Emergency opening work completed after
June 26, 2005 will be funded at the federal-aid reimbursement
ratio of 88.53%. Restoration work, including preliminary
engineering, will be reimbursed at an 88.53% ratio. The
ADMINISTERING AGENCY will be responsible for the matching
requirement.
Program supplement 08-5282R-No22- ISTEA Page 5 of 5
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. 022-N TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO. 08-5282R WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $17,614 IN
EMERGENCY RELIEF (ER) FUNDS, FOR EMERGENCY
ROAD OPENING ON VISTA CHINO AT THE
WHITEWATER RIVER, FEDERAL-AID PROJECT NO. ER-
4211(011), AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
OF PALM SPRINGS
WHEREAS, the City of Palm Springs has submitted to the California Department of
Transportation Disaster Assistance Farms related to the emergency opening of Vista
Chino through the Whitewater River due to flooding which occurred in December 2004
through January 2005, requesting reimbursement of $17,614 from Emergency Relief
(ER) federal-aid funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. 022-N, an amendment to administering Agency-State
Agreement No. 08-5282R with the state of California, obligating $17,614 in federal-aid
funds for the emergency opening of Vista Chino through the Whitewater River, Federal
Aid Project No. ER-4211(011).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. 022-N, an amendment to
administering Agency-State Agreement No. 08-5282R with the state of California,
obligating $17,614 in federal-aid funds for the emergency opening of Vista Chino
through the Whitewater River, Federal Aid Project No. ER-4211(011), is approved.
SECTION 2. The City Manager is authorized to execute and administer the Program
Supplement Agreement as may be necessary.
Resolution No.
Page 2
ADOPTED THIS 18th day of April, 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on April 18, 2007, by the
following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California