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Home My WebLink AboutA5914 - STATE OF CA DEPT OF TRANSPORTATION AGUA CALIENTE CULTURAL MUSEUM IMP CP 09-04 PROGRAM "S➢PFLEMENT NO. N029 I- f.,I- - ➢ate:�C[pl)CI' (11,2(J�� to - : . ! Location-03-R1V-0-PSI' ADMINISTERING AGENCY-STATE AGREEMENT Pro3ect Number:PLHDL06-5282(032) FOR FEDERAL-AID PROTECTS NO, OS-52'�I� iFt-3 21, E-A_ Number:08-925152 This Program Supplement hereby incorporates the Admnrils�e n�fide iCy State Agreement for federal Aid which was ontered nto between the Administering Agency and the Slate on 02/07/07 and is subject to.ill the temms and conditions thurcol• This Program Supplement is executed in accordance with Article T of the aforenmentiope ,Master Agreement under authority of Resolution No. z2G �+-7 approved by the Administering Agency on t` i. (See copy attached). The Administering Agency flirther stipulates that as a condition to the payment by State of any funds dcrivud from sources noted below obligated to this project,the Adnnnisteriit;Agency accepts and will comply with the Special covenants or Remarks setfoi th on thu following pages PROJECT LOCATION: Southeabt corner of Tahquitz Canyon and Hermosa Drive TYPE OF WORK: Museur Parking Lot including interpretive signing,landscaping, &pedestria LENGTH: 0(MILES) Estimated Cost Federal Funds Matching Funds F130 $630,791,00 LOCAL OTHER $630,791.00 $0.00 $0 00 S0.00 CXTY OF PALM SPRINGS STATE OF Ce1LTFORNIA Department of Transportation .8 Sy In Chief, Office 09 Project Implementation Date / I o Division of Local Assistance Attu Date ��/��r✓ Ti t116 S HFfrnby c¢xtity upon my parSonal ]cn�ladue that budgatcd £undo are availeblG £oz t"e cncwnbxanca: Accounting Officer Date Q/ o 5630,791.00 Chapter Statutes Tcem Year Program Be Category Fund Source AMOUNT 268 2008 2060-102-890 2008-2009 20 30.010.600 C 262042 892-F 630,791 00 1 IYI a R13IZ 6J tyG:PI �(yU�lt llj L,lL Program Supplement 08-S282R-NO2y- TSTEA Page 1 of 4 Os-Rf V-O-Ps'r i Wo 1/2009 PLHDL0&5252(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. 0. 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 PROTECT 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 PRWECT activity along with target billing date and target billing amount. Program Supplement 08-5282R-NO29- ISTEA Page 2 of 4 0s-aiv-O-Psn 10/01/2009 PLHDLU64282(032) SPECIAL COVENANTS OR REMARKS 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 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual . -9. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of 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 DEE 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 be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE 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 seq. ) . 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 letter (s) issued for this project. Notwithstanding the unliquidated sums of project specific State Program Supplement OB-5282R-NO29- ZSTZ:I Page 3 of 4 08-RIV-0-PSI ' 10/01/2009 PLHDL06-5262(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 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. 7 . As a condition for receiving federal-aid highway funds for the PROTECT, 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 (EPLS) . 8. In the event that right of way acquisition 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 OS-5282R-N029- ISTE,� Page 4 *£ 4 RESOLUTION NO. 22617 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 AGUA CALIENTE CULTURAL MUSEUM 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 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 Ahe -state of California, obligating $630,791 of PLH❑ federal-aid funds for the Agua Caliente Cultural Museum 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 to administering Agency" State Agreement No, 08-6282R with the state of California, obligating $630,791 of PLHD federal-aid funds for the Agua Caliente Cultural Museum 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. CER T IFE❑ COPY Certify that this is a true and correct copy of the document II on file in the official records of Me City of Palm Springs. Chief Oepuly City Clerk This verification must appear in blue with an origon signature. ADOPTED THIS 4th day of November, 2009. David H. Ready, C alter AT i EST: mes 7hompsoro, 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. 22617 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 the 4t' day of November, 2009, by the following vote- ' - - - AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Weigel, Mayor Pro 7em Mills, and Mayor Pougnet. NOES: None- ABSENT:- None. ABSTAIN: None, ;eshompson City Clerk1 r� )2bi $}alm Springs, California T J