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04-ALA-0-SL,.N <br />STPL-5041(044) <br />SPECIAL COVENANTS OR REMARKS <br />04/22/2015 <br />obligation and failure to carry out its terms shall be treated as a violation of this <br />Agreement. Upon notification to the Administering Agency of its failure to carry out its <br />DBE Implementation Agreement, the State may impose sanctions as provided for under <br />49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 <br />U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et <br />seq.). <br />F. Any State and Federal funds that may have been encumbered for this project are <br />available for disbursement for limited periods of time. For each fund encumbrance the <br />limited period is from the start of the fiscal year that the specific fund was appropriated <br />within the State Budget Act to the applicable fund Reversion Date shown on the State <br />approved project finance letter. Per Government Code Section 16304, all project funds <br />not liquidated within these periods will revert unless an executed Cooperative Work <br />Agreement extending these dates is requested by the ADMINISTERING AGENCY and <br />approved by the California Department of Finance. <br />ADMINISTERING AGENCY should ensure that invoices are submitted to the District <br />Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to <br />avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's <br />Office and the Department of Finance; in order for payment to be made, the last date the <br />District Local Assistance Engineer can forward an invoice for payment to the <br />Department's Local Programs Accounting Office for reimbursable work for funds that are <br />going to revert at the end of a particular fiscal year is May 15th of the particular fiscal <br />year. Notwithstanding the unliquidated sums of project specific State and Federal funding <br />remaining and available to fund project work, any invoice for reimbursement involving <br />applicable funds that is not received by the Department's Local Programs Accounting <br />Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. <br />These unexpended funds will be irrevocably reverted by the Department's Division of <br />Accounting on the applicable fund Reversion Date. <br />G. As a condition for receiving federal -aid highway funds for the PROJECT, the <br />Administering Agency certifies that NO members of the elected board, council, or other <br />key decision makers are on the Federal Government Exclusion List. Exclusions can be <br />found at www.sam.gov. <br />H. STATE and ADMINISTERING AGENCY agree that any additional funds which are <br />made available for any new phase(s) of work by future Federal obligations will be <br />encumbered on this PROJECT by use of a Federal Highway Administration -approved <br />"Authorization to Proceed" (E-76) STATE Finance Letter. ADMINISTERING AGENCY <br />agrees that Federal funds available for reimbursement will be limited to the amounts <br />obligated by the Federal Highway Administration. <br />Program Supplement 04-5041 R -N024- ISTEA Page 3 of 3 <br />