HomeMy WebLinkAboutRexburg 2022 CPS LHTAC Local AgreementITD-510 2/90
LHTAC/LOCAL AGREEMENT
2022 Local children pedestrian safety (CPS) program
7th South Sidewalk, 12th West RRFB, city of rexburg
CPS# 2022-19
PARTIES
THIS AGREEMENT is made and entered into this _________ day of _________________, _______, by and between the LOCAL HIGHWAY TECHNICAL ASSISTANCE COUNCIL (LHTAC), hereafter called LHTAC,
and City of Rexburg, acting by and through its Board or Council (Sponsor).
PURPOSE
LHTAC is administering the Children Pedestrian Safety (CPS) Program on behalf of both LHTAC and the Idaho Transportation Department (ITD) with state funds obligated from the Idaho Legislature.
This program is intended to serve the cities, counties and highway districts. The Sponsor has requested to receive a grant award to complete construction of its sidewalk/pathway project.
The purpose of this Agreement is to set out the terms and conditions to accomplish this Project.
Authority for this Agreement is established by Senate Bill 1206 and House Bill 334 of the 2017 legislative session.
The Parties agree as follows:
SECTION I. GENERAL<
1. It is necessary for Sponsor to construct the project as part of this Agreement.
2. State participation in the project is in the form of a grant for the amount of $250,000. <No match is required. Scheduled funding for this project is listed in the approved CPS Program
rankings, and subsequent revisions.
If the project is terminated prior to completion,
Sponsor shall repay to LHTAC all state funds received for the project.
The Sponsor acknowledges that eligible uses of funds are material purchases and hiring a contractor to perform work. Ineligible uses of funds include reimbursement of sponsor for agency
work or salary cost including but not limited to design, construction or inspection related activities. Other ineligible uses of funds include engineering fees of any kind, equipment
fees, project costs prior to agreement execution, project match, education and outreach.
Sufficient Appropriation. It is understood and agreed that LHTAC is a governmental agency, and this Agreement shall in no way be construed so as to bind or obligate LHTAC beyond the
term of any particular appropriation of funds by the State.
SECTION II. <LHTAC shall:
1.Provide the following services incidental to Project development:
a. Provide support to the Sponsor on project bidding, procurement processes, general questions, and other technical assistance.
b. Provide approved funding to Sponsor upon receipt of agreement.
Complete final acceptance of each Project based on Sponsor documentation and physical observation.
Maintain all application and award records, including source documentation for all expenditures for a period of three (3) years from the date of final acceptance. If any litigation,
claim, negotiation, or audit has been started before expiration of the three-year period, the records shall be retained until completion of the action and resolution of all issues that
arise from it.
Bill Sponsor for any state funds to be repaid by Sponsor if Project is terminated prior to completion.
Cancel the Agreement should Sponsor not be able to provide an acceptable mid project update by July 21, 2023 and request Sponsor to return the funds, unless a written extension has been
granted by LHTAC.
SECTION III. <Sponsor shall:
Sponsor warrants that it will repay any state funds on this project if Project is terminated prior to completion. The <Sponsor also warrants that it will repay all state funds if an
acceptable mid project update is not provided to LHTAC by July 21, 2023 unless an extension has been granted by LHTAC.
Provide LHTAC with a mid-project report by July 21, 2023.
Provide LHTAC with before and after pictures upon completion of the project.
Bid and award the project following state procurement rules if applicable. <
Complete Project and provide Project Closeout Form and financial records to LHTAC by December 9, 2023.
Comply with all other applicable Federal and State statutes and regulations.
Sponsor agrees that failure to deliver any of the specified items listed above may result in the program award being rescinded.
Any excess funds that cannot be used on eligible expenses shall be returned to LHTAC for the CPS Program.
EXECUTION
This Agreement is executed for LHTAC by its Administrator, and executed for Sponsor by its duly appointed representative, attested to by its Clerk.
</w:t> <LHTAC
_________________________________
Administrator
ATTEST:City of Rexburg
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Clerk Representative </w:t></
2LHTAC/Local Agreement