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8E Consent 2007 0205
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8E Consent 2007 0205
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Last modified
5/4/2007 12:45:40 PM
Creation date
2/6/2007 12:26:04 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/5/2007
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_CC Agenda 2007 0205
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2007\Packet 2007 0205
Reso 2007-005
(Reference)
Path:
\City Clerk\City Council\Resolutions\2007
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<br />ARTICLE I - PROJECT ADMINISTRATION <br /> <br />1. This AGREEMENT shall have no force or effect with respect to any program project unless and <br />until a project-specific Program Supplement to this AGREEMENT for federal~aid projects, <br />hereinafter referred to as "PROGRAM SUPPLEMENT', has been fully executed by both STATE <br />and ADMINISTERING AGENCY. <br /> <br />2. The term "PROJECT', as used herein, means that authorized transportation related project and <br />related activities financed in part with federal-aid funds as more fully-described in an <br />"Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to <br />as "E-76" or "E-76 (AMOD)" document authorized by STATE or the Federal Highway <br />Administration (FHWA). <br /> <br />3. The E-76/E-76(AMOD) shall designate the party responsible for implementing PROJECT, type <br />of work and location of PROJECT. <br /> <br />4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the <br />ADMINISTERING AGENCY to receive federal-aid funds from/through STATE for designated <br />PROJECT. The PROGRAM SUPPLEMENT shall also show these Federal Funds that have been <br />initially encumbered for PROJECT along with the matching funds to be provided by <br />ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the <br />PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT <br />as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly <br />delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written <br />concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the <br />governing body of ADMINISTERING AGENCY. <br /> <br />5. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM <br />SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend <br />future authorizations/obligations and invoice payments for anyon-going or future federal-aid <br />project performed by ADMINISTERING AGENCY if any project-specific PROGRAM <br />SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by <br />STATE in writing. <br /> <br />6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of <br />Federal Funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to <br />comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special <br />Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and <br />Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the <br />specific PROJECT. <br /> <br />7. Federal, State and matching funds will not participate in PROJECT work performed in advance <br />of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project- <br />specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed <br />with the work authorized for that specific phase(s) on the project-specific E-76 or E-76 (AMOD). <br />ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to <br />receiving an E-76 (AMOD) from STATE for that phase(s) unless no Further Federal funds are <br />needed or for those future phase(s). <br /> <br />Page 2 of 26 <br />
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