HomeMy WebLinkAbout10-166 - Resolutions RESOLUTION NO. 10-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
RESOLUTION AND A PROGRAM SUPPLEMENT AGREEMENT
NO. 012-N TO ADMINISTERING AGENCY-STATE
AGREEMENT NO. 08-6420R FOR A SAFE ROUTE TO SCHOOL
EDUCATION GRANT
WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration
a Program Supplemental Agreement No. 012-N to Administering Agency-State Agreement No.
08-5420R between the City of Rancho Cucamonga and the State of California for a Safe Route
to School Bicycle Education Safety Grant; and
WHEREAS, the City of Rancho Cucamonga is eligible to receive Federal funding for a
certain project, through the California Department of Transportation; and
WHEREAS, a Program Supplement Agreement needs to be executed with the California
Department of Transportation before such funds can be claimed; and
WHEREAS, the City Council wishes to delegate authorization to execute this agreement,
and any amendments thereto to the Mayor.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California,
hereby resolves that said Program Supplement Agreement be hereby approved, and the Mayor
is hereby authorized to sign said Program Supplement Agreement on behalf of the City of
Rancho Cucamonga, and the City Clerk to attest thereto.
please see the following page
for formal adoption,certification and signatures
PASSED, APPROVED, AND ADOPTED this 17th day of November 2010.
AYES: Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Wald J. Kurth,U.Di, Mayor
ATTEST:
0alLf G
nice C. Reynolds, Cit Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 3rd day of November 2010, and
was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on
the 17`h day of November 2010.
Executed this 18`" day of November 2010, at Rancho Cucamonga, California.
J01ce C. Reynolds, City Clerk
Resolution No. 10-166 - Page 2 of 7
STATE OF CALIFORNIA.BUSINESS,TRANSPORTATION AND HOUSING AGENCY Arnold Schwarzenegger,Governor
DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
— be ue:. k..�•=' '-'�+:
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
(916)654-3151
Fax (916)653-7621 File : 08-SBD-0-RCUC
hr;;:;^'-= ^;--? �, +; ;I•t.•; SRTSLNI-5420(019)
October 27, 2010
Schools: Cucamonga Middle
School, Grapeland E. S, Etiwanda I.
S, Calton P. Lightfoot E. S, Victoria I
Mr. William O'Neil
Director of Public Works/City Engineer
City of Rancho Cucamonga
10500 Civic Center Drive, P.O. Box 807
Rancho Cucamonga, CA 91729-0807
Dear Mr. O'Neil:
Enclosed are two originals of the Program Supplement Agreement No. 012-N to Administering Agency-State
Agreement No. 08-5420R.
Please note that federal funding will be lost if you proceed with future phase(s) of the project prior to getting
the "Authorization to Proceed" with that phase.
Please review the covenants and sign both copies of this Agreement and return both to this office, Office of Project
Implementation - MS1 within 60 days from the date of this letter. If the signed Agreements are not received back in this
office within 60 days, funds will be disencumbered and/or deobligated. Alterations should not be made to the
agreement language or funding. Attach your local agency's certified authorizing resolution that clearly identifies the
project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to
you upon ratification by Caltrans. No invoices for reimbursement can be processed until the agreement is fully
executed.
A copy of the State approved finance letter containing the fund encumbrance and reversion date information will be
mailed to you along with your copy of the executed agreement.
Your prompt action is requested. If you have questions, please contact your District Local Assistance Engineer.
Sincerely,
tr`
Ati1 RAY ZHANG, Chief
t Office of Project Implementation - South
Division of Local Assistance
Enclosure
c: DLA AE Project Files
(08) DLAE- Savat Khamphou
Resolution No. 10-166 - Page 3 of 7
PROGRAM SUPPLEMENT NO. N012 Date: October 13, 2010
to Location: 08-SBD-0-RCUC
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: SRTSLNI-5420(019)
FOR FEDERAL-AID PROJECTS NO OB-542OR E.A. Number: 08-925199 V�rW 3 L}�tz
Locode: 5420
This Program Supplement hereby adopts and 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 terms and
conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master
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 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:
Schools: Cucamonga Middle School, Grapeland E. S, Etiwanda I. S, Calton P. Lightfoot E. S, Victoria Groves E. S.
TYPE OF WORK: Provide education & encouragement for parents & students to walk LENGTH: 0.0(MILES)
&/or bike to school
Estimated Cost Federal Funds Matching Funds
LU1E $114,800.00 LOCAL OTHER
$114,800.00 $0.00 $0.00
i
CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA
Department of Transportation
By By
Title Chief, Office of Project Implementation
Division of Local Assistance
Date
Date
Attest
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer �G� t i ��2 t- 7�` ` Date ��' 13 / D $114.800.00
Chapter Statutes Item Year Program BC Category Fund Source AMOUNT
7,00,7 -Jozi5o 07110 C Zoe_ Ph2 '� i 800
Resolution No. 10-166 - Page 4 of 7
10/13/2010
SRTSLNI-5420(019)
SPECIAL COVENANTS OR REMARKS
1. 1) This non-infrastructure PROJECT is programmed to receive Federal Safe Routes to
School (SRTS) funds. 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 (LAPG) may render the PROJECT ineligible for Federal reimbursement and
the Administering Agency may be required to return any federal funds reimbursed for the
PROJECT.
2) If a consultant firm will perform the PROJECT work, ADMINISTERING AGENCY shall
submit the draft consultant agreement to the State SRTS Coordinator for review 30
calendar days prior to beginning reimbursable work. Reimbursable work cannot begin
prior to having an executed consultant agreement. The State SRTS Coordinator's
address is:
Department of Transportation
Division of Local Assistance, MS 1
Attn: SRTS Coordinator
Office of Project Delivery & Safety
P. O. Box 942874
Sacramento, CA 94274-0001
The State SRTS Coordinator will, within 21 calendar days, inform ADMINISTERING
AGENCY that the review has been completed or that changes to the draft consultant
agreement need to be made.
3) Award information shall consist of an executed consultant agreement and Exhibit 10-
3. ADMINISTERING AGENCY shall submit a copy of the award information to the DLAE
within 60 days of execution or with the submittal of the ADMINISTERING AGENCY's first
invoice, whichever is earlier. If ADMINISTERING AGENCY will be doing 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.
4) ADMINISTERING AGENCY shall submit a copy of each deliverable specified in the
approved application to the State SRTS Coordinator and to the DLAE.
5) With regard to Student Tally and Parent Survey, ADMINISTERING AGENCY shall, at a
minimum, submit a Student Tally and Parent Survey for each K-8 school to the State
SRTS Coordinator within two months of beginning the PROJECT and within two months
of completing the PROJECT, and prior to submittal of the Report of Expenditures to the
DLAE.
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
Resolution No. 10-166- Page 5 of 7
1 unsrzui u
SRTSLNI.5420(019)
SPECIAL COVENANTS OR REMARKS
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
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.
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 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.).
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.
Resolution No. 10-166- Page 6 of 7
10/13/2010
SRTSLNI-54201019)
SPECIAL COVENANTS OR REMARKS
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
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.
Resolution No. 10.166 - Page 7 of 7