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CC RES 2011-064 RESOLUTION NO. 2011-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR AND ACCEPTANCE OF GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL PROGRAM AND AUTHORIZING THE EXECUTION OF DOCUMENTS BY THE PUBLIC WORKS DIRECTOR. WHEREAS, the Safe Routes to School program provides grant funds to eligible agencies to improve and enhance the safety of pedestrian and bicycle facilities and related structures that will encourage and benefit students walking and bicycling to school safely; and WHEREAS, the California Department of Transportation administers the grant program and has requested applications from eligible agencies; and WHEREAS, before grant funds can be made available, the City of Rancho Palos Verdes ("Administering Agency" or "City") and the California Department of Transportation are required to enter into a program supplement agreement, thereby establishing terms and conditions applicable to the City when receiving grant funds for the designated project; and WHEREAS, no invoices for reimbursement of construction costs can be processed until a program supplement agreement is fully executed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. The City Council approves the filing of applications for and acceptance of the Safe Routes to School grant from the State of California and the City's participation therein, consistent with this Resolution. Section 2. The City Council hereby approves Program Supplement Agreement No. N012, which is attached hereto and incorporated herein by this reference, regarding Project Number SRTSLNI-5413(009). The City Council authorizes the Mayor to execute Program Supplement Agreement No. N012 and directs the City Clerk to attest thereto. Section 3. The City Council hereby authorizes the Mayor to execute this Resolution and directs the City Clerk to attest thereto. 1343656-1 Section 4. The City Council hereby appoints and authorizes the Public Works Director, and his or her designee, as the agent for the City to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, and payment requests which may be necessary for the completion of the aforementioned projects. PASSED, APPROVED and ADOPTED this 16th da of August, 2011. Mayor ATTEST: City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2011-64 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on August 16, 2011. City Clerk 1343656-1 Resolution No. 2011-64 Page 2 of 2 f • PROGRAM SUPPLEMENT NO. N012 Date: July 18, 2011 to Location: 07-LA-0-ROPV ADMINISTERING AGENCY-STATE AGREEMENT Project Number: SRTSLNI-5413(009) FOR FEDERAL-AID PROJECTS NO 07-5413R E.A. Number: 07-933079 Locode: 5413 This Program Supplement iereby adopts and incorporates the Administering Agency-State Agreement for Fede::-A-1 Aid which was entered into between the Administering Agency and the State on 08/22/07 and is subject to all the tc;r ms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned M?aster Agreement under authority of ResOILItion No. 2-C11/ approved by the Administering Agency on 0611 G/ 26i� (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the 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 set forth on the following pages. PROJECT LOCATION: Citywide- Mira Catalina Elem, Miralesta Intermediate, Point Vicente Elem, Silver Spur Elem & Soleado Elem. Schools TYPE OF WORK: Walk to School-Education and Incentive Program LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds LU 1.E $30,000.00 LOCAL OTHER $301000.00 $0.00 $0.00 CITY OF RAN O OS VERDE STATE OF CALIFORNIA Department of r o ati n By ' By ?/ -''Chief, O ce of Pr lect Implementation Title 1q"o Division of Local Assistance Date Date Attest I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: 7/al t i Accounting Officer-dim a-, Date 1 ovic $30.000.00 Chapter Statutes i Item Year Program BC Category Fund Source AMOUNT Resolution No.2011-64,Attachment Page 1 of 6 Program Supplement 07-54138-N012- ISTEA Page 1 of 4 4 r STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF(REV.01/2010) Page of TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER: Claims Audits 7/21/2011 0700021267 3301 "C"Street,Rm 404 REQUISITION NUMBER/CONTRACT NUMBER: Sacramento,CA 95816 RQS 071200000030 FROM: Department of Transportation . - SUBJECT: _ Encumbrance Document VENDOR/ LOCAL AGENCY: _ CITY OF RANCHO PALQS VERDES CONTRACT AMOUNT: $30,000.00 PROCUREMENT TYPE: Local Assistance CHAPTER STATUTES ITEM YEAR PEC/PECT TASK/SUBTASK - AMOUNT 712 2010 2660-102-890 2011 20.30.010.535 2620/0420 9 ADA Noti!For individuals with sensory disabilities,this document is available in alternate formats.For information,call(915)654-6410 of TDD(916)-3880 or write Records and Forms Management,1120 N.Street,MS-89,Sacramento,CA 95814. Resolution No.2011-64,Attachment Page 2 of 6 U/-LH-U-KLJt v U ill a/ZU11 RTSLNI-5413 009 SPECIAL-COVENANTS OR REMARKS 1. 1. This non-infrastructure PROJECT is funded by the Federal Safe Routes to School (SRTS) program. ADMINISTERING AGENCY agrees that any changes to the PROJECT that conflict with the approved Federal funded Safe Routes to School (SRTS) Application and/or the SRTS Program requirements in the Local* Assistance Program Guidelines (LAPD) may render the PROJECT ineligible for Federal reimbursement. 2. ADMINISTERING AGENCY agrees! to administer PROJECT in accordance with the applicable SRTS Program Guidelines under which the project was selected. ADMINISTERING AGENCY agrees to the program delivery and reporting requirements established for the applicable SRTS Program funding cycle. 3. ADMINISTERING AGENCY agrees to submit a Student Tally and Parent Survey for each school to the National Center for Safe Routes to School (NCSRTS). The survey information (Student Tally and Parent Survey), collected during the regular school year, must be completed within two months of beginning .the PROJECT and within two months after completing the PROJECT. ADMINISTERING AGENCY agrees to submit a copy of said surveys to the District Local Assistance Engineer (DLAE). For instructions on data submission requirements, go to the NCSRTS website at: http://www.saferoutesinfo.org/data/ 4. ADMINISTERING AGENCY shall submit a copy of the consultant contract- award information to the DLAE within 30 days of execution of the contract and prior to submittal of the ADMINISTERING AGENCY's first invoice. - Award information shall consist of an executed consultant agreement and Exhibits, 10-C, "Consultant Reviewers Checklist", 10-02, "Local Agency Proposer DBE Information (Consultant Contract)" and if applicable, 10-01, "Local Agency Proposer UDBE Commitment (Consultant Contract)" of the Local Assistance Procedures Manual (LAPM). If ADMINISTERING AGENCY is performing the PROJECT work, then ADMINISTERING AGENCY shall submit a letter indicating the beginning of reimbursable work on the PROJECT. Failure to do so will cause delay in the State processing-invoices. 5. , Support documentation (adequate to verify reasonableness of costs invoiced) shall accompany ADMINISTERING AGENCY invoices and shall also include the deliverables specified in the STATE approved SRTS Application. 2. 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 for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if Resolution No.2011-64,Attachment Page 3 of 6 Program Supplement 07-5413R-NQ12- iSTEA Page 2 of 4 W-LA-u-pour v 4 07/18/2011 a SRTSLNI-5413(009) SPECIAL COVENANTS OR REMARKS 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) .ays 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. 3. 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,:th'is Agreement. Implementation of the DBE implementation AgreementT including but notlimited to timely reporting -of DBE commitments and utilization, is a legal,,.- obligation egal,,.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.). 4. 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). 5. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific- fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to Resolution No.2011-64,Attachment Page 4 of 6 Program Supplement 07-5413R-N012-ISTEA Page 3 of 4 u 1-LIJ-U-KUV V + ' 07/18/2011 SRI OLNI-5413 009 SPECIAL COVENANTS OR'REMARKS avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. 1 Resolution No.2011-64,Attachment Page 5 of 6 Program Supplement 07-5413R-NO12- ISTEA Page 4 of 4 DEPARTMENT OF TRANSPORTATION FINANCE LETTER Date: 09/22/2011 - DIVISION OF ACCOUNTING A enc : 07-LA-0-ROPV LOCAL PROGRAM ACCOUNTING BRANCH Project No: SRTSLNI-5413(009) EA No: 07-933079 Attention: City of Rancho Palos Verdes FINANCE ITEMS TOTAL COST OF FEDERAL PART. FED.REIMB% FEDERAL WORK COST LU1E Construction $30,000.00 $30,000.00 100.00% $30,000.0 Totals: $30,000.0 $30,000.00 0.00% $30,000.0 =ed.Partic: 100.00% This Finance Letter was created based on specific financial information provided by the responsible local agency.The following encumbrance history is prep red b Local Assistance Accounting Office and is provided here for local agency's information and action. Signature: r For questions regarding finance letter,contact: Title: HQ Sr.Area Engineer Printed Name: Nahed Abdin Telephone No: 916-653-7928 Remarks: Based on the City's FL dated 05/02/2011. Non Infrastructure Project ACCOUNTING INFORMATION _ SRTSLNI-5413(009) Adv.Proj.ID Approp.Unit State Prog. Fed/State Encumbrance Amount Approp Year Expenditure Amount Ecumbrance Balance Reversion Date 0700021267 11102E 1 2030010535 F $30,000.00 1011 $0.00 $30,000.00 06/30/16 Resolution No.2011-64,Attachment Page 1 of 1 Page 6 of 6