HomeMy WebLinkAbout11/4/2009 - STAFF REPORTS - 2.G. �y
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` "X City Council Staff Report
Date: November 4, 2009 CONSENT CALENDAR
Subject: APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 029-N,
WITH THE STATE OF CALIFORNIA FOR USE OF PUBLIC LANDS
HIGHWAY DISCRETIONARY (PLHD) FEDERAL-AID FUNDS FOR THE
AGUA CALIENTE CULTURAL MUSEUM ROADWAY IMPROVEMENTS,
CITY PROJECT NO. 09-04, FEDERAL-AID PROJECT NO. PLHDL06-
5282(032)
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
Approval of Program Supplement Agreement No. 029-N will formally authorize the
reimbursement of up to $630,791 in federal-aid funds for the preliminary engineering
phase of the Agua Caliente Cultural Museum Roadway Improvements (City Project 09-
04), Federal Aid Project No. PLHDL06-5282(032).
RECOMMENDATION:
1) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO. 029-N TO ADMINISTERING AGENCY-
STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 08-5282R WITH
THE STATE OF CALIFORNIA, IN THE AMOUNT OF $630,791 ($630,791
FEDERAL FUNDS / $0 LOCAL FUNDS), FOR THE AGUA CALIENTE
CULTURAL MUSEUM ROADWAY IMPROVEMENTS, CITY PROJECT NO. 09-
04, FEDERAL-AID PROJECT NO. PLHDL06-5282(032), 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.
ITEM NO.
City Council Staff Report
November 4, 2009-Page 2
Program Supplement Agreement No 029-N
STAFF ANALYSIS:
On February 9, 2009, Michael Hammond, Executive Director of the the Agua Caliente
Cultural Museum ("ACCM"), submitted a letter to the City Manager requesting that the
City help facilitate the ACCM's obligation and use of two federal grants related to the
Agua Caliente Band of Cahuilla Indians future cultural museum. The ACCM was
successful in lobbying for two separate federal grants that total approximately $1 Million
to be used for design related work, including planning and engineering of roadway and
interpretive signage, road and signage improvements, drainage, vehicular parking areas,
and appurtenant structures and facilities. The cultural museum will be constructed at
the southeast corner of Tahquitz Canyon Way and Hermosa Drive.
Federal grants are distributed to each state via the state's Department of
Transportation; in California the funds are distributed to Caltrans. Each recipient of a
federal grant must have an agreement with Caltrans related to the use of federal funds.
Typical recipients of federal grants are local governments, cities, counties, and
metropolitan planning organizations (i.e. RCTC, CVAG, etc.). In attempting to obtain
the federal funds allocated to the ACCM, the ACCM was prevented from directly
seeking those funds as the ACCM is not a typical agency with which Caltrans directly
interacts. Caltrans directed the ACCM to seek the assistance of a public agency that
has experience coordinating the use of federal funds, to obligate the federal funds on its
behalf.
Therefore, pursuant to the ACCM's request, on April 15, 2009, the City Council
approved a Memorandum of Understanding (MOU) between the City and the ACCM
related to the City's assistance and administration of the ACCM's federal funds on its
behalf. Subsequently, the Public Works and Engineering Department coordinated with
Caltrans and successfully obligated the federal funds for one of the two federal
earmarks awarded to the ACCM.
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
on City projects. The Master Agreement is amended by each successive use of federal
funds on a project, and upon the first "authorization" or obligation of the use of federal
funds on a project, the City is provided with a "Program Supplement Agreement", or
amendment, to the Master Agreement.
In light of the City's authorization to proceed with the preliminary engineering phase of
this project using PLHD federal funds, Caltrans has submitted to the City for approval
Program Supplement Agreement No. 029-N, which will facilitate the City's use of federal
funds for this project.
City Council Staff Report
November 4, 2009-Page 3
Program Supplement Agreement No. 029-N
FISCAL IMPACT:
Approval of Program Supplement Agreement No. 029-N with Caltrans will formally
authorize the disbursement and use of up to $630,791 in federal-aid funds for the
design phase of the Agua Caliente Cultural 'Museum Roadway Improvements (City
Project 09-04), Federal Aid Project No. PLHDL06-5282(032).
Prepared by: Recommended by:
11%44,6424 AL�,
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by: /
Thomas J. Wr(son, Asst. City Manager David H. Ready, ager
ATi'ACHMENTS-
1. Program Supplement Agreement No. 029-N
2. Resolution
ATTACHMENT
PROGRAM SUPPLEMENT AGREEMENT NO. 029-N
PROGRAM SUPPLEMENT NO. N029 Date=Octobci 01,2009
to Location-08-R1 V-0-PSP
ADMINISTERING AGENCY-STATE AGREEMENT Project Number:PLADL06.5282(032)
FOR FEDERAL-AXD PROJECTS NO. 08-5282R E.A. Number.09-925152
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 02/07/07 and is subject to all the tcmis and conditions thereof This Program
Supplement is executed in accordance with Article 1 of the aforementioned Masrer 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 finds derived from sources noted
below obligated to this project,the Administering Agency accepts and will comply with the Special covenants or Remarks sclforth
on the fallowing pages.
PROJECT LOCATION:
Southeast comer of Tahquitz Canyon and Hermosa Drive
TYPE OF WORK.Museum Parking Lot including interpretive signing, landscaping,&pedestria LENGT73: 0(MILES)
Estimated Cast Federal Funds Matching Funds
F130 $630,791.00 LOCAL OTHER
$630,791.00 $0,00 $0,00 $0.00
CXTY OF PALM SPRINGS STATE OF CALIFORNIA
Department of Transportation
.By By
Chief, Office of Project Implementation
Date Division of Local Assistance
Attest
Date
Title
I hereby ec=ti£y upon my Pereonal kno lodge that hudgcted f=da are available for this crcumhrance:
Accounting Officer �Ci Date (� [) $630,791,00
chapter Statutes Item Year Program nC eacegory Fund Source AMOUNT
268 2008 2660-102-890 2008-2009 20.30,010,600 C 262042 892-r 630,791.00
Program Supplement 08-5282R-N029- ISTEA Page 1 of 4
08-RIV-0-PSP 10/01/2009
PLHDL06-5202(032)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the current published Local
Assistance Procedures Manual.
2 . 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. 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.
3 . 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) .
4. 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 Letter. 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 Lot been invoiced by ADMINISTERING AGENCY for
a six-month period.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENC'Z agrees to submit for each phase a written
explanation of the absence of PROJECT activity along with target
billing date and target billing amount.
Program SuPP1Cm0nt09-52e2R-N029- ISTEA Page 2 of 4
0S-RIV•0-PSP 10/01/2009
PLHDL06-5232(032)
SPECIAL COVENANTS OR REMARKS
ADMINISTERING AGENCY agrees to submit the final report documents
that collectively constitu-te 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 180 days of PROJECT completion will result in STATE
imposing sanctions upon ADMINISTERING AGENCY in accordance with
the current Local Assistance Procedures Manual .
5. The Administering Agency shall not discriminate on the basis of
race, religion, age, disability, color, national origin, or sex
in the award and performance ❑f any Federal-assisted contract or
in the administration of its DBE Program Implementation
Agreement. The Administering .Agency shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure nondiscrimination
in the award and administration of Federal-assisted contracts.
The Administering Agency' s DEE Implementation Agreement is
incorporated by reference in this Agreement. implementation of
the DBE Implementation Agreement, including but not limited to
timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall he treated as
a violation of this Agreement. Upon notification to the
Administering Agency of its failure to carry out its DEE
Implementation Agreement, the State may impose sanctions as
provided for under 49 CFR 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
seg. ) .
6. Pursuant to Chapters 268 and 269 of the Statutes of 2008 included
in the State Budget Act, any State and Federal funds that may
have been encumbered for this project are only available for
disbursement for a period of six (6) years and six (6) 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 letters)
issued for this project.
Notwithstanding the ualiquidated sums of project specific State
Program Supplement OB-5282R-NO29- ISTEA Page 3 of 4 ^7
08-RTV-0-PSP 10/01/2009
PLHDL06-5282(032)
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 he 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.
7 . As a condition for receiving federal- aid highway funds for the
PROJECT, the Administering Agency certifies that NO members of
the elected board, council, or other key decision makers are on
the Federal Government Excluded Parties List System MIS) .
8 . In the event that right of way acgiAsition for or construction of
this project of the initial federal authorization for preliminary
engineering is not started by the close of the tenth fiscal year
following the fiscal year in which the project is authorized, the
City shall repay the Federal Highway Administration through
Caltrans the sum of Federal funds paid under the terms of this
agreement.
Program Supplement 08-5282R-N029- ISTEA Paga 4 vf^ 4
C9
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING PROGRAM
SUPPLEMENT AGREEMENT NO, 029-N TO
ADMINISTERING AGENCY-STATE AGREEMENT FOR
FEDERAL-AID PROJECTS NO. 08-5282R WITH THE
STATE OF CALIFORNIA, IN THE AMOUNT OF $630,791
($630,791 FEDERAL FUNDS 1 $0 LOCAL FUNDS), FOR
THE AQUA CALIENTE CULTURAL MUSEUM ROADWAY
IMPROVEMENTS, CITY PROJECT NO. 09-04, FEDERAL-
AID PROJECT NO. PLHDL06-5282(032), 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 a request for authorization to proceed with the preliminary engineering
phase of the Agua Caliente Cultural Museum Roadway Improvements (City Project 09-
04), requiring obligation of $630,791 of Public Lands Highway Discretionary ("PLHD")
federal-aid funds; and
WHEREAS, the California Department of Transportation has prepared Program
Supplement Agreement No. 029-N, an amendment to administering Agency-State
Agreement No. 08-5282R with the state of California, obligating $630,791 of .PLHD
federal-aid funds for the Agua Caliente Cultural Museum Roadway Improvements (City
Project 09-04), Federal Aid Project No. PLHDL06-5282(032).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Program Supplement Agreement No. 029-N, an amendment to
administering Agency-State Agreement No. 08-5282R with the state of California,
obligating $630,791 of PLHD federal-aid funds for the Agua Caliente Cultural Museum
Roadway Improvements (City Project 09-04), Federal Aid Project No. PLHDL06-
5282(032), is approved.
SECTION 2. The City Manager is authorized to execute and administer the Program
Supplement Agreement as may be necessary.
16
Resolution No.
Page 2
ADOPTED THIS 4th day of November, 2009.
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 November 4, 2009, by the
following vote:
AYES:
NOES-
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
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