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Resolution - 9444RESOLUTION NO. 9444 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING SUPPLEMENT NO. • 002 STATE - LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5259 AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID SUPPLEMENT NO. 002. WHEREAS, the City of West Covina and the State of California have entered into State -Local Transportation Partnership Program Agreement No. SLTPP-5259 for the purpose of expanding State funds with the City of West Covina; and WHEREAS, the City desires to be partially reimbursed for a Shadow Oak Drive project within the City of West Covina pursuant to the State -Local Transportation Partnership Program Act (SB 300); WHEREAS, it is necessary to execute a Program Supplement in order to implement said project. NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows: SECTION 1. The City Council of the City of West Covina does hereby approve Program Supplement No. 002 State -Local Transportation Partnership Program Agreement No. SLTPP-5259, and authorizes the City Manager and City Clerk to execute said Program Supplement No. 002. SECTION 2. The City Clerk shall certify to the adoption of this Resolution and is hereby directed to transmit a copy of Program Supplement No. 002 to the State of California Department of Transportation, District No. 7. APPROVED AND ADOPTED THIS 6TH DAY OF MAY, 1997. ' Mayor ATEST: City Clerk I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof on the 6th day of May, 1997, by the following vote of Council: AYES: Councilmembers: NOES: Councilmembers: . ABSENT: Councilmembers: Herfert, Howard, Melendez, Touhey, Wong None None City C rk APPROVED AS TO FORM: fta01�ea-G� � Yl I nx,LA41nJ City Attor y � Date: April 3, 1997 PROGRAM SUPPLEMENT NO. 002 Location: 07-LA-0-WCOV to Project Number: SB97-5259(001) STATE -LOCAL TRANSPORTATION E.A. Number: 07-927326 PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5259 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 06/10/96 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. 7 q y �pproved by the Local Entity on 51619 (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 setforth on the following pages. PROJECT TERMINI: SHADOW OAK DRIVE: AMAR RD TO NOGALES ST TYPE OF WORK: PAVEMENT REHAB LENGTH: 1.2 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK (XI Construction Estimated Cost State Share Funds Matching Funds FY97 $ 89745 Local OTHER OTHER $ 698950 FY98 $ 0 $ 609205 $ 0 $ 0 FY99 $ 0 City of West Covina rd, City Manager STATE OF CALIFORNIA� Departmen of Transport tion By Chi f Office of Local Programs Project Implementation Date J— - 'F% I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Q Date $ 89745.00 Chapter Statutes I Item I Year I Program 1BC1 Fund Source I AMOUNT 162 1996 2660-125-042 96-97 20.25.010.100 C 258010 042-T Page 89745.00 1 of 3 07-LA-0-WCOV SB97-5259(001) SPECIAL COVENANTS OR REMARKS DATE: 04/03/97 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 isthe 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 $89745 to be encumbered and reimbursed as follows: FY 96-97 $ 89745 FY 97-98 0 FY 98-99 0 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 ShareFunds" will be limited to the lesser 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. C. Prior to reimbursement under this Program Supplement, a Page 2 of 3 07-LA-0-WCOV DATE: 04/03/97 SE97-5259(001) SPECIAL COVENANTS OR REMARKS 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 Guidelines as limited to certain maximum costs and to non -early reimbursement projects of $300,000 or less. 5. Reimbursement Ratio for this Cycle 7 (96/97) Project is 12.84%. Page 3 of 3