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Agmt Program Supplement 03312022
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Agmt Program Supplement 03312022
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9/26/2022 1:09:04 PM
Creation date
7/14/2022 11:48:39 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/31/2022
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PERM
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SPECIAL COVENANTS OR REMARKS <br />04-ALA-0-SLN <br />STPL-5041(048) <br />F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, <br />color, national origin, or sex in the award and performance of any Federal-assisted contract or <br />in the administration of its DBE Program Implementation Agreement. The Administering <br />Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure <br />nondiscrimination in the award and administration of Federal-assisted contracts. The <br />Administering Agency's DBE Implementation Agreement is incorporated by reference in this <br />Agreement. Implementation of the DBE Implementation Agreement, including but not limited <br />to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry <br />out its terms shall be treated as a violation of this Agreement. Upon notification to the <br />Administering Agency of its failure to carry out its DBE Implementation Agreement, the State <br />may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, <br />refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil <br />Remedies Act of 1986 (31 U.S.C. 3801 et seq.). <br />G. 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 limited <br />period is from the start of the fiscal year that the specific fund was appropriated within the <br />State Budget Act to the applicable fund Reversion Date shown on the State approved project <br />finance letter. Per Government Code Section 16304, all project funds not liquidated within <br />these periods will revert unless an executed Cooperative Work Agreement extending these <br />dates is requested by the ADMINISTERING AGENCY and approved by the California <br />Department of Finance. <br />ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local <br />Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the <br />lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the <br />Department of Finance; in order for payment to be made, the last date the District Local <br />Assistance Engineer can forward an invoice for payment to the Department's Local Programs <br />Accounting Office for reimbursable work for funds that are going to revert at the end of a <br />particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated <br />sums of project specific State and Federal funding remaining and available to fund project <br />work, any invoice for reimbursement involving applicable funds that is not received by the <br />Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed <br />fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by <br />the Department's Division of Accounting on the applicable fund Reversion Date. <br />H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering <br />Agency certifies that NO members of the elected board, council, or other key decision makers <br />are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. <br />3Page of 7Program Supplement 04-5041F15-F028-R1- <br />DocuSign Envelope ID: 573EEFC5-2EC8-4102-9D9E-2DBA767A4D66
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