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Home My WebLink AboutA5888 - STATE OF CA PROGRAM SUPPL AGR N028 FOR INTERCONNECT SIGNALS/NEW TRAFFIC MGMT CTR AT CITY HALL PROGRAb; SUPPLEMENT NO. N028 Date:July 13,2009 to Location;08-RIL"-O-PSP ADMINISTERING AGENCY-STATE AGREEMENT Pro]ect Number;CML-5282(031) FOR FEDERP-L-AID PROi7ECTS NO. 08-5282R E.A. Numher:H-925113 This Program Supplcmcnt hereby incorporates the Admmnislermg Agency-State Agrcemcni for Fedcral Aid which was cnLcrod into between the Administering Agency and Lho Stale on 02/07/07 and is sub,jccl to all the terms and conditions thereof.This Program Supplcmcnt is crccutcd m acwrdanoc wrih Article i of the albremenuoncd NlnsLer Agreement under authority of Rcsolunon No �. �C) ,approved by Lhc AdnvtusLermg Agency on 0'vzAi) (Sec copv attached). The Administei mg Agency tirther etipillates that as a condition to the payment by State of any funds dot ived from sources noted below obligated to this prgject,the Adinimstenng AgcnLy accepts and w111 comply with the Special covenants or Remark~sutforlh on the following pages PROJECT LOCATION: Throughout Palm Springs TYPE OF WORTc: jnteiconnect signals and new traffic management center at City Hall LENGTH: O (MILES) Estimated Cost Federal Funds Matching Funds L400 $199,00000 LOCAL OTHER S225,000 00 526,000.00 S0.00 $0,00 CS-'X OF,-PALM SPRINGS STATE OF CALIFORNIA Department of Transportation Hy Chief, Office of Pro3eet Implementation .Pate. / d � Division Aof Loca/ln -Assistance Attes _ Date T✓1Y %7/WU �0 , �� / Tit I hereby certi Ey upen my paraanal %AQw.cdgoo/that budg/ettjd funds are available for this encumbrance: Accounting Officer %j..i%•-i11/, ?�, Date I/I ��(-'� $199,000,00 Chapter I Statutes Item Yasr Program Sc Catagory Pund Sourco AMOUNT 268 2008 2660-102-890 2008-2009 20.30.010.820 C 262040 892-F 199,000 00 7 OVEC,-M a mu nI4t APPROVED 6Y CITY COUNCIL Program Supplement 08-5282R-N028- ISTEA Page 1 of 5 08-RIV-O-PSP • 07/22/2009 C ML-5282(031) SPECIAL.COVENANTS OR REMARK I. 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. 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 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 Program Supplement 08-5282R-NO28-ISTEA Page 2 of 3 0R-RIV-O-PSP • 07/22/2009 GM45282(031) SPECIAL COVENANTS OR REMAR are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 5. 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 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 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 6. 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 (EPLS). 7. 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 DBE 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 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-)- Program Supplement 08-5282R-NO28-ISTEA Page 3 of 3 RESOLUTION NO 22690 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING PROGRAM SUPPLEMENT AGREEMENT NO, 031-N TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO 08-5282R WITH THE STATE OF CALIFORNIA, IN THE AMOUNT OF $225,000 ($199,000 CMAQ FEDERAL FUNDS / $26,000 GAS TAX FUNDS), FOR THE TRAFFIC MANAGEMENT CENTER AND CITYWIDE TRAFFIC SIGNAL INTERCONNECT PROJECT, CITY PROJECT NO. 08-04, FEDERAL-AID PROJECT NO. CML-5282(031), AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PALM SPRINGS. A5888. 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 Traffic Management Center and Citywide Traffic Signal interconnect Project, requiring obligation of $199,000 of CMAQ federal-aid funds; and WHEREAS, the California Department of Transportation has prepared Program Supplement Agreement No. 031-N, an amendment to administering Agency-State Agreement No. 08-5282R with the state of California, obligating $199,000 of Congestion Mitigation and Air Quality ("CMAQ") federal-aid funds for the Traffic Management Center and Citywide Traffic Signal Interconnect Project (City Project 08-04), Federal Aid Project No. CML-5282(031). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Program Supplement Agreement No. 031-N, an amendment to administering Agency-State Agreement No. 08-5282R with the state of California, obligating $199,000 of CMAQ federal-aid funds for the Traffic Management Center and Citywide Traffic Signal Interconnect Project (City Project 08-04), Federal Aid Project No. CML-5282(031), is approved. SECTION 2. The City Manager is authorized to execute and administer the Program Supplement Agreement as may be necessary Resolution No. 22590 • . Page 2 ADOPTED THIS 2ND DAY OF SEPTEMBER, 2009. David H. Ready, Cif lariager— ATTEST. dames 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. 22590 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 2nd day of September, 2009, by the following vote. AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tern Mills, Mayor Pougnet. NOES: None, ABSENT: None. ABSTAIN: None. .}Ames Thompson, City Clerk /City of Palm Springs, California