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8A Consent 2009 0105
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8A Consent 2009 0105
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12/19/2008 12:32:39 PM
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12/19/2008 12:32:38 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
1/5/2009
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_CC Agenda 2009 0105
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 0105
Reso 2009-001
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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11. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees <br />that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own <br />funds. <br />12. ADMINISTERING AGENCY shall use its own non STATE FUNDS to finance the local share of <br />eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with <br />STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost <br />eligibility for STATE FUNDED financing with respect to claimed PROJECT costs. <br />13. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work <br />performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include <br />overhead assessments in accordance with section 8755.1 of the State Administrative Manual. <br />14. STATE FUNDS allocated from the STIP are subject to the timely use of funds provisions <br />enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State <br />procedures approved by the CTC and STATE. <br />15. STATE FUNDS encumbered for PROJECT are available for liquidation only for five (5) years <br />from the beginning of the State fiscal year when those funds were appropriated in the State <br />Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative <br />Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the <br />California Department of Finance in accordance with Government Code section 16304. The exact <br />date of fund reversion will be reflected in the STATE signed PROJECT finance letter. <br />16. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per <br />diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors <br />claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to <br />rank and file STATE employees under current State Department of Personnel Administration <br />(DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, <br />ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments <br />inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on <br />demand. <br />17. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) <br />Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform <br />Administrative Requirements for Grants and Cooperative Agreements to State and Local <br />Governments. <br />18. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will <br />be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal <br />Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the <br />allowability of individual PROJECT cost items and (b) those parties shall comply with federal <br />administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative <br />Requirements for Grants and Cooperative Agreements to State and Local Governments. Every <br />sub-recipient receiving PROJECT funds as a contractor or sub-contractor under this <br />AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR, <br />Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State <br />and Local Governments. ADMINISTERING AGENCY agrees to comply with the provisions set <br />Page 8 of 16 <br />
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