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3 1/2% MPO-Co. E/M (N)(Rev. 04/09/2018 )Page 2 of 4
B. COUNTY agrees that it will not undertake any capacity-expanding project funded herein
located in an air quality nonattainment area without prior inclusion of said project by its RTPA in
the "build" alternative of the air quality conformance analysis and the RTPA's subsequent
concurrence in the project's implementation.
II. STATE MATCH PROGRAM - Section 182.9
A. As authorized by Section 182.9 of the Streets and Highways Code, STATE agrees to pay to
COUNTY $100,000.00 from the unobligated balance of COUNTY's State Matching funds for
Fiscal Year 2020/2021.
B. COUNTY agrees that before COUNTY uses State Matching funds for any other lawful
purpose, COUNTY shall use such funds to match federally funded transportation projects.
III. COMMON PROVISIONS
A. Subject to the availability of State funds by the State Budget Act, and upon receipt of COUNTY
invoice evidencing COUNTY's assignment of COUNTY's estimated apportionment under Section
I.A to STATE, STATE agrees to pay to COUNTY an amount not to exceed $368,108.00 that
equals the sum of the estimated apportionment amounts identified in Sections I.A and the State
Match funds identified in Section II.A.
B. COUNTY agrees to use all State funds paid hereunder only for transportation purposes that
are in conformance with Article XIX of the California State Constitution.
C. COUNTY agrees to establish a special account within their County Road Fund for the purpose
of depositing all payments received from STATE pursuant to this agreement.
D. COST PRINCIPLES
1. The COUNTY agrees to comply with, and require all project sponsors to comply with, Office of
Management and Budget Supercircular 2 CFR Part 200, Cost Principles for STATE and LOCAL
government, Uniform Administrative Requirements for Grants and Cooperative Agreements to
STATE and LOCAL governments.
2. COUNTY will assure that its fund recipients will be obligated to agree that (a) Contract Cost
Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, part 31,
et seq., shall be used to determine the allowability of individual project cost items and (b) Those
parties shall comply with Federal Administrative Procedures in accordance with 2 CFR Part 200,
Uniform Administrative Requirements for Grants and Cooperative Agreements to STATE and
LOCAL governments. Every sub-recipient receiving funds as a contractor or sub-contractor
under this agreement shall comply with federal administrative procedures in accordance with 2
CFR Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to
STATE and LOCAL governments.
3. Any fund expenditures for costs for which COUNTY has received payment or credit that are
determined by subsequent audit to be unallowable under Office of Management and Budget
3 1/2% MPO-Co. E/M (N)(Rev. 04/09/2018 )Page 3 of 4
Supercircular, 2 CFR Part 200, are subject to repayment by COUNTY to STATE. Should
COUNTY fail to reimburse funds due STATE within 30 days or demand, or within such other
period as may be agreed in writing between the parties hereto, STATE is authorized to intercept
and withhold future payments due COUNTY from STATE of any third-party source, including, but
not limited to, the State Treasurer, the State Controller and the CTC.
E. THIRD PARTY CONTRACTING
1) COUNTY shall not award a construction contract over $10,000 or other contracts over $25,000
[excluding professional service contracts of the type which are required to be procured in
accordance with Government Code Sections 4525 (d), (e) and (f)] on the basis of a
noncompetitive negotiation for work to be performed using funds without the prior written approval
of STATE.
2) Any subcontract or agreement entered into by COUNTY as a result of disbursing funds
received pursuant to this Agreement shall contain all of the fiscal provisions of this Agreement;
and shall mandate that travel and per diem reimbursements and third-party contract
reimbursements to subcontractors will be allowable as project costs only after those costs are
incurred and paid for by the subcontractors.
3) In addition to the above, the preaward requirements of third party contractor/consultants with
COUNTY should be consistent with Local Program Procedures as published by STATE.
F. ACCOUNTING SYSTEM
COUNTY, its contractors and subcontractors shall establish and maintain an accounting system
and records that properly accumulate and segregate fund expenditures by line item. The
accounting system of COUNTY, its contractors and all subcontractors shall conform to Generally
Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim
points of completion, and provide support for reimbursement payment vouchers or invoices.
G. RIGHT TO AUDIT
For the purpose of determining compliance with this Agreement and other matters connected with
the performance of COUNTY'S contracts with third parties, COUNTY, COUNTY's contractors and
subcontractors and STATE shall each maintain and make available for inspection all books,
documents, papers, accounting records, and other evidence pertaining to the performance of
such contracts, including, but not limited to, the costs of administering those various contracts. All
of the above referenced parties shall make such materials available at their respective offices at
all reasonable times for three years from the date of final payment of funds to COUNTY. STATE,
the California State Auditor, or any duly authorized representative of STATE or the United States
Department of Transportation, shall each have access to any books, records, and documents that
are pertinent for audits, examinations, excerpts, and transactions, and COUNTY shall furnish
copies thereof if requested.
H. TRAVEL AND SUBSISTENCE
Payments to only COUNTY for travel and subsistence expenses of COUNTY forces and its
subcontractors claimed for reimbursement or applied as local match credit shall not exceed rates
authorized to be paid exempt non-represented State employees under current State Department
03/23/2021
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