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City of San Leandro <br /> FTA No. 74A0834 <br /> Page 3 of 12 <br /> b. AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within <br /> one (1) week from receipt of Notice to Proceed letter by the CALTRANS' Contract <br /> Manager. <br /> 3. Changes in Terms/Amendments <br /> This FTA may only be amended or modified by mutual written agreement of the <br /> parties. <br /> 4. Cost Limitation <br /> a. The total amount reimbursable to AGENCY pursuant to this FTA by CALTRANS <br /> shall not exceed$201,510.00. <br /> b. It is understood and agreed that this FTA fund limit is an estimate and that CALTRANS <br /> will only reimburse the cost of services actually rendered as authorized by the <br /> CALTRANS Contract Manager or its designee at or below the fund limitation amount <br /> set forth in section 4a, above. <br /> 5. Termination <br /> a. CALTRANS reserves the right to terminate this FTA upon written notice to AGENCY <br /> at least thirty(30) days in advance of the effective date of such termination in the event <br /> AGENCY fails to proceed with PROJECT work in accordance with the terms of this <br /> FTA. <br /> b. In the event of termination for convenience, CALTRANS will reimburse <br /> AGENCY for all allowable, authorized and non-cancelled costs up to the date of <br /> termination. <br /> c. AGENCY has sixty (60) days after the Termination Date to submit invoices to <br /> CALTRANS to make final allowable payments for Project costs in accordance to <br /> the terms of this FTA. Failure to submit invoices within this period may result in <br /> a waiver by AGENCY of its right to reimbursement of expended costs. <br /> 6. Budget Contingency Clause <br /> a. It is mutually agreed that if the U.S. Congress or the State Legislature fail to <br /> appropriate or allocate funds during the current year and/or any subsequent years covered <br /> under this FTA does not appropriate sufficient funds for the program, this Agreement shall <br /> be of no further force and effect. In this event, CALTRANS shall have no liability to pay <br /> any funds whatsoever to AGENCY or to furnish any other considerations under this <br /> Agreement and AGENCY shall not be obligated to perform any provisions of this FTA. <br /> b. If funding for any fiscal year is reduced or deleted by the U.S. Congress or the <br /> State Legislature for purposes of this program, CALTRANS shall have the option to either <br /> terminate this Agreement with no liability occurring to CALTRANS, or offer a FTA <br /> Amendment to AGENCY to reflect the reduced amount. <br />