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Resolution No. 6912 ,c 1 RESOLUTION NO. 6912 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF PROGRAM SUPPLEMENT NO. 009 TO STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5139 BY AND BETWEEN THE CITY OF VERNON AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION 4 5 6 7 WHEREAS, the State of California and the city of Vernon 8 entered into a State-Local Entity Master Agreement (State-Local 9 Transportation Partnership Program) No. SLTPP-5139 for State 10 matching funds on November 19, 1991; and 11 WHEREAS, the City of Vernon desires to enter into Program 12 Supplement No. 009 to said Master Agreement to cover State matching 13 funds in the City of Vernon for street reconstruction and 14 resurfacing of portions of Vernon Avenue, Soto Street, Bandini 15 Boulevard, and 26th Street in the 1997-1998 fiscal year which were 16 nominated for partial funding under Cycle 7 of said partnership 17 program; and 18 WHEREAS, the estimated total cost of the improvements 19 under Supplement No. 009 is $440,263.00, with the City's share being 20 $389,875.00, and the State's share being $50,388.00; and 21 WHEREAS, the Director of Communi ty Services has 22 recommended that Program Supplement No. 009 to said Agreement be 23 approved. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 25 CITY OF VERNON AS FOLLOWS: 26 SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are 27 28 true and correct. ~ ... 1 SECTION 2: The City Council of the city of Vernon hereby approves Program Supplement No. 009 to State-Local Transportation Partnership No. SLTPP-5139, a copy of which has been presented to 2 3 4 the City Council concurrently with this resolution, and the City Council hereby orders said Program Supplement No. 009 to be received 5 6 and filed by the City Clerk. 7 SECTION 3: The City Council of the City of Vernon hereby 8 authorizes the Mayor and the City Clerk to execute said Program 9 Supplement No. 009 for, and on behalf of, the City of Vernon. 10 SECTION 4: The City Administrator/City Clerk is hereby 11 instructed to return two executed copies of said Program Supplement 12 No. 009, together with a certified copy of this resolution, to Herb 13 Reinl, Chief, Office of Local Programs-project Implementation, 14 Department of Transportation, State of California, P. O. Box 942874, 15 MS#l, Sacramento, CA 94274-0001. 16 SECTION 5: The City Clerk of the City of Vernon shall 17 certify to the passage of this resolution, and thereupon and 18 thereafter the same shall be in full force and effect. 19 APPROVED AND ADOPTED this 4h day of February, 1997. 20 21 ---~~. -//jf~ 22 23 ATT~ 24 BRUCE V. MALKENHORST, City Clerk 25 26 27 28 -2- . ..tII> 1 STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) 2 3 . I, BRUCE V. MALKENHORST, ci ty Clerk of the ci ty of 4 5 Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 6912, was duly adopted by the City Council of the City of Vernon at a regular meeting of the city Council duly held on Tuesday, February 4, 1997, thereafter was duly signed by the Mayor 6 7 8 of the City of Vernon. 9 10 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- ~ ~~~ BRUCE V. MALKENHORST, city Clerk Adaf:fl/9- ... . $TATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY . PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION DESIGN AND LOCAL PROGRAMS P.O. BOX 942874, MS #1 SACRAMENTO, CA 94274-0001 TDD (916) 654-4014 (916) 654-3151 Fax: (916) 654-2409 RECEIVED MAR 1 3 1997 " February 26, 1997 File: 07-LA -O-VER SB97-5139(007) SOTO ST, BANDINI BLVD, VERNON A VE, AND 26TH STREET. Mr. Victor H. Vaits Director of Public Works City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Mr. Brian J. Adel, P.E. Dear Mr. Vaits: Enclosed is your fully executed copy of Program Supplement Agreement No. 009 to State-Local Transportation Partnership Program Agreement No. SL TPP-5139 covering: Construction for the above-referenced project ~%~ ~~%\ ~ ~~\(,<- ~ ..~ ,1 ~~o ~\>>~ ~.:<,o ~o~ ~,c:.:.-<"~ ~<:r.,.~ ~Q~\", 0 c~ c' J (j; ~~- 1fql~~ i~; Jl1lV "" Sincerely, ~~ HERB REINL, Chief Office of Local Programs Project Implementation Enclosure: cc: OLP AE Project Files (07) DLAE- Satish Chander .We'lI Find a Way. EXCLTRPT.FRX . " - PROGRAM SUPPLEMENT NO. 009 to STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. Date: January 13, 1997 Location: 07-LA -O-VER Project Number: SB97-S139(007) E.A. Number: 07-927261 SLTPP-5139 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 12/19/91 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 au~h9rity of Resolution No. (09 J Z- , approved by the Local Entity on Zf 'f 797 (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: SOTO ST, BANDINI BLVD, VERNON AVE, AND 26TH STREET. , TYPE OF WORK: RESURFACING LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [Xl construction Estimated Cost I State Share Funds I Matching Funds $' FY97 $ 440263 FY98 $ FY99 $ 50388 o $ o Local OTHER 389875 $ OTHER o $ o City' of Vernon STATE OF CALIFORNIA Departmen of T sportation Programs ~. eonis G. Ma urg, ayor Date c2~:f' 7 .~ Date ,-7~ '7 ') ~ t//:jz4( ~~roved as to form: Hruce V. Malkenhorst ~~I D, O.~ City Clerk David B. Brearley, Cit Attorney Attest Title I hereby Certify upon my per80nal knowledge that budgeted funds are available for thi8 encumbrance: Accounting Officer Date \-\3':Q, $ 50388.00 ChapterJ Statute8 I Item Year Program I BC I Fund Source AMOUNT 162 1996 2660-125-042 96-97 20.25.010.100 ,C 258010 042-T 50388.00 Page 1 of 3 .. 07-LA -O-VER SB97-5139(007) DATE: 01/13/97 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 $50388 to be encumbered and reimbursed as fo~lows: FY 96-97 $ FY 97-98 FY 98-99 50388 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 ShareFunds" will be limited to the lesser of the produc_t of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) The eligible award amount or (b) Th~ 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 -O-VER , S.B 9 7 - 513 9 (O 0 7 ) DATE: 01/13/97 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 Guildelines 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%. 6. This project and contract incorporates work originally approved as project numbers SB97-5131(001), (003), (004), (005) and (006). Page 3 of 3