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96-91
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND cmmON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF PROGRAJ'1
SUPPLEMENT NO. 13 OF LOCAL AGENCY FEDERAL--AID PROJECTS, BETWEEN
SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH
ITS DEPARTMENT OF TRANSPORTATION, RELATING TO IMPROVEMENT OF
CENTRAL AVENUE, FROM TIPPECANOE AVENUE TO MT. VIEW AVENUE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION ONE:
The Mayor of the City of San Bernardino
8 is hereby authorized to execute, in behalf of said City,
9 Program Supplement No.
13 to State-Local Transportation
10 Partnership Program Agreement No. SLTPP-5033 between said City
11 and the State of California, acting by and through its
12 Department of Transportation, relating to the Improvement of
13 Central Avenue, from Tippecanoe Avenue to Mt. View Avenue, a
14 copy of which is attached hereto marked Exhibit "A" and
15 incorporated herein by reference as fully as though set forth
16 at length herein.
17 SECTION TWO: The agreement shall not take effect until
18 fully signed and executed by all parties. The City shall not be
19 obligated hereunder unless and until the agreement is fully
20 executed and no oral agreement relating thereto shall be
21 implied or authorized.
22 SECTION THREE: '1'he authorizatio!"1 to execute the above-
23 referenced agreement is rescinded if the parties to the
24 agreement fail to execute it within ninety (90) days of the
25 passage of this resolution.
26 / / / /
27 / / / /
28////
4-01-96
RESO: AUTHOR I ZING PROGRAH SUPPLEMENT no. 13. OF LOCAL AGENCY
FEDERAL AID PROJECTS.
1
I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Cornmon Council of the City of San
3 Bernardino at a
4 15th day of
April
5 Council Members:
6 NEGRETE
7 CURLIN
8 ARIAS
9 OBERHELMAN
10 DEVLIN
11 ANDERSON
12 HILLER
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2]
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Q~. ~..,,~Ic
Ra~~ Clark, City Clerk
The foregoing resolution is hereby approved this Ib~
April
day of
, 1996.
City
Minor, Mayor
San Bernardino
Approved as to forn
and legal content:
James F. Penman
City Attorney
Bya~-,
./
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96-91
Date:
Location:
Project Number:
E.A. Number:
SLTPP-5033
March 7, 1996
08-SBD-0-SBD
SB96-5033 (002)
08-955904
PROGRAM SUPPLEMENT NO. 013
to
STATE-LOCAL TRANSPORTATION
PARTNERSHIP PROGRAM AGREEMENT NO.
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. 1'-~1
approved by the Local Entity on Y/I"16 (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:
CENTRAL AVENUE FROM TIPPECANOE TO MT VIEW
TYPE OF WORK: CONSTRUCT NEW ROAD
LENGTH: 0.0 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[Xl Construction
Estimated Costl
State Share Funds I
$
FY96 $
152560 FY97 $
FY98 $
8237
o $
o
Matching Funds
Local OTHER
144323 $
OTHER
o $
o
By
::jfJYV\ V/;tt~
Mayor
STATE OF CALIFORNIA
Department of Transp tation
City of San Bernardino
By
Chief, Programs
Project
Date
tfj;t/ql"
C2~. C~
"-
City Clerk
Date bin I)' 6
Attest
Title
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Offic
Item
Date 3.7. 9 f-
$
8237.00
Chapter I Statutes
Program
IBel
Fund Source
AMOUNT
303
1995
2660-125-042
95-96
20.25.010.100
C 258010 042-T
8237.00
Approved as to form
and legal content:
James F. Penman
City Attorney
By /1 J/J...e.)
./~
Page 1 of 3
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08-SBD-0-SBD
SB96 - 5033 (002)
DATE: 03/07/96
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
$8237 to be encumbered and reimbursed as follows:
FY 95-96 $
FY 96-97
FY 97-98
8237
o
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
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cu~, "'l/
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08-SBD-0-SBD
SB96-5033 (002)
DATE: 03/07/96
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 6 (95/96) Project is
5.88%.
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