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Resolution - 9653RESOLUTION NO. 9653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING SUPPLEMENT NO. 004 STATE — LOCAL TRANSPORTATION PARTNERSHIP PROGRAM . AGREEMENT NO. SLTPP-5259 AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID SUPPLEMENT NO. 004. 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 the Merced Avenue 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 reimbursement; 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. 004 State -Local Transportation Partnership Program Agreement No. SLTPP-5259, and authorizes the City Manager and City Clerk to execute said Program Supplement No. 004. SECTION 2. The City Clerk shall certify to the adoption of the Resolution and is hereby directed to transmit a copy of Program Supplement No. 00to the State of California Department of Transportation, District No. 7. APPROVED AND ADOPTED this 19th day of January, 1999. ATTEST: City Clerk's 1 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 19th day of January 1999, by the following vote of Council: AYES: NOES: is ABSENT: Herfert, Howard, Touhey, Wong, Melendez None None APPROVED AS TO FORM: City elerk. V - City Attorney PROGRAM SUPPLEMENT NO. 004 to STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5259 Date: November 19, 1998 Location: 07-LA -0-WCOV Project Number: SB98-5259(001) E.A. Number:07-931211 This Program Supplement is hereby incorporated into the State -Local Transportation 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 aforementioned Wter Agreement under authority of Resolution No. approved by the Local Entity on (See y 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: Merced Ave: Sunset Ave to Willow Ave TYPE OF WORK: Pavement Rehab LENGTH: 0(MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [XI Construction Estimated Cost State Share Funds Matching Funds FY1998 $66,219.00 LOCAL OTHER $273,005.00 19$0.00 $206,786.00 $0.00 $0.00 FFYY99 CITY OF WEST COVINA Date Attest Title STATE OF CALIFORNIA Department of Transportation By Chief, Office of Local Programs Project Implementation Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date J (_ 1 9 -qy $66,219.00 Chapter Statutes Item year Program BC Fund Source AMOUNT 282 1997 2660-125-042 97-98 20.25.010.100 C 258010 042-T 66,219.00 Program Supplement SLTPP-5259-004- Page 1 of 3 07-LA -0-WCOV SB98-5259(001) SPECIAL COVENANTS OR REMARKS 11/19/1998 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 the sum of the "State Share Funds" column on page 1 of this Program Supplement. The funds to be encumbered and reimbursed are according to the schedule shown under the aforementioned column. 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. 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. 4. 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 rats, percentage as determined by the STATE by either: Program Supplement SLTPP-5259-004- Page 2 of 3 07-LA -0-WCOV SB98-5259(001) SPECIAL COVENANTS OR REMARKS 11/19/1998 (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 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. 5. The Reimbursement Ratio for this Cycle 8 (97/98) Project is 24.54%. Program Supplement SLTPP-5259-004- Page 3 of 3