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Home My WebLink About1996-033 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 96-33 RESOLUTION NO. RESOLUTIOll OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAJ'l SUPPLEMENT NO. 9 OF LOCAL AGENCY FEDERAL-AID PROJECTS, BE~WEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, P.ELA~ING TO HIDENING OF BRIDGES ON KENDALL DRIVE AND CAJON BOULEVARD AT DEVIL'S CANYON CHANNEL. BE IT RESOLVED BY THE MAYOR AND CO~lMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: The Mayor of the City of San Berllardino is hereby authorized to execute, in behalf of said City, Program Supplement No. 9 of Local Agency Federal-Aid Projects, between said City and the State of California, acting by and through its DepartMent of Transportation, relating to the Widening of Bridges on Kendall Drive and Cajon Boulevard a,t Devil's Canyon Channel, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length herein. SECTION TWO: The agreement shall not take effect until fully signed and executed bv all parties. The City shall not be obligated hereunder unless and. until the agreement is fully executed and no oral agreement relating thereto shall be iMplied or authorized. SECTION THREE: The authorization to execute the above- referenced agreement is rescinded if the parties to the fail agreement it wi thin ninety to execute (90 ) days of the passage of this resolution. 25 26 / / / / 27 / / / / 28 / / / / 1-09-96 RES 9b-33 RESO: AUTHOR I ZING PROGRAM SUPPLEMENT NO. 9 OF LOCAl,. AGENCY FEDERAL AID PROJECTS. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Connon Council of the City of San 3 Bernardino at a regular meeting thereof, held on the 4 5th day of February 5 Council Members: 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHEU'lAN 10 DEVLIN 11 POPE-LUDLA~l , 1996, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT x x x x x x 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 x ~lILLER ~/l ,/.,,1., ( iLe ,( "-.A A~ 70 Rac el Clark, City Clerk The foregoing resolution is hereby approved this 1~ day of _ February , 1996. ~){{~t~ , Tom l-linor, Hayor Ci ty of San Bernardino Approved as to form and legal content: James F. Penman City Attorney 'I ~-vz.-.z~ - 2 - RES 96-33. 96-3... .e: October 2~, 19"', PRO~RAM SUPPLEMENT"'. 009 1 Looa n: 08-SBD-0-SBD to o~. rroject Number: SB94-5033 (152) STATE-LOCAL TRANSPORTATIONfdt. ,"'.;/..E .A. Number: 08.955820 'PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5033 , . This Program Supplement is hereby incorporated into the State-Local Trans- portation Partnership Program Agreement for State Share Funds which was entered into between the Local Entity and the State on 02/09/93 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 3 of Article I of the aforemen- tioned Master Agreement under authority of Resolution No. ?'-)3 approved by the Local Entity on z.. / ,../9! (See copy attached) . The Local Entity further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with any covenants or remarks set forth on the following pages. PROJECT TERMINI: DEVIL'S CANYON CHANNEL AT KENDALL DR AND CAJON BLVD TYPE OF WORK: WIDEN BRIDGES LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Construction Estimated Costl State Share Funds I Matching Funds s FY94 $ 732561 FY95 $ FY96 $ o 164313 $ o Local OTHER 568248 $ OTHER o $ o By ---;e~ ~(t~ llayor ~ief, Office CALIFORNIA of Transporta on City of San Bernardino iaison Branch rograms Date ;?~1'1r;, ct.~ U?~ Date )J1~-b I ' Attest Title City Clerk : hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: ~ Date \0 -,--~-'j~ $ 164313.00 Accounting Officer Chapter! Statutes Item Year Program IBel Fund Source AMOUNT 55 1993 2660-125-042 93-94 20.25.010.100 C 258010 D42-T 164313.00 Approved as to forn and legal content: Janes F. PenMan City Attorney B';;~ 7ik~ .'J Page 1 of 3 . RES .96-33 .' .. . . DATE: 10/24/95 ~ 08-SBD-O-SBD SB94-5033 (152) nP'lr,>n!,. , . . ," SPECIAL COVENANTS OR REMARKS 1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State-Local Transportation Partnership funds payable by the State shall not exceed $164313 to be encumbered and reimbursed as follows: FY 93-94 $ FY 94-95 FY 95 - 96 o 164313 o Any increase in State Partnership funds will require a revised program supplement. Any decrease in State Partnership funds will require a revised finance letter. 2. The State Funds Share is calculated based on the lower of the approved eligible application amount or the eligible award amount. 3. SPECIAL COVENANTS FOR SLTPP PROJECTS UNDER EARLY REIMBURSEMENT PLAN AND UNDER $300,000 STATE SHARE These Covenants supersede any conflicting provisions of the Master Agreement: A. The LOCAL ENTITY agrees that the payment of State Share Funds will be limited to the lessor of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) The eligible award amount or (b) The total eligible State/Local Partnership Project cost in the approved State/Local Partnership Program Application and accepts any consequent increase in LOCAL ENTITY funding requirements. B. The LOCAL ENTITY will invoice the State for the full "State's Share" after the contract award or upon the State Budget Act appropriation of funds, whichever occurs later. "State's Share" is considered a grant and will be reimbursed as a lump sum payment regardless of final project cost. Page 2 of 3 - RES .96-33 r , OB-SBD-O-SBD . SB94-.5033 (152) . . DATE: 10/24/95 ,~!:,-'~~~"!-),. ~ I~ ~ ",...., ; '. ,', '..._f" 1 -.,' /"\ ,'. SPECIAL COVENANTS OR REMARKS C. Prior to reimbursement under this Program Supplement, a Request For Early Reimbursement form, executed by the LOCAL ENTITY, must be on file with the STATE. D, The financial audit and Final Project Expenditure Report provisions of Sections 9 and 10 of ARTICLE I of the Master Agreement are not applicable to this PROJECT. 4. In accordance with the State-Local Transportation Partnership Program Guidelines dated June 8, 1994, project eligibility is limited to contract items plus locally funded State or Local Entity furnished materials and Supplemental Work. Supplemental Work eligibility is further defined under the Project Eligibility section of the Guildelines as limited to certain maximum costs and to non-early reimbursement projects of $300,000 or less. 5. The Reimbursement Ratio for this Cycle 4 (93/94) Project is 22,43%. Page 3 of 3.