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Item 14 - Resolution and Master Agreement for State -Funded Transit Projects
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Item 14 - Resolution and Master Agreement for State -Funded Transit Projects
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Agenda Packet
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Clerk of the Council
Item #
14
Date
2/1/2022
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City of Santa Ana <br />Master Agreement No. 64AO274 <br />Page 8 of 26 <br />RECIPIENT shall contribute not less than its required match amount toward the <br />PROJECT cost in accordance with a schedule of payments as shown in the Project <br />Financial Plan prepared by RECIPIENT and approved by STATE as part of a <br />PROGRAM SUPPLEMENT. <br />B. Funding Contingencies <br />Delivery by STATE of all funds encumbered to reimburse allowable PROJECT costs pursuant <br />to this AGREEMENT is contingent upon prior budget action by the Legislature, fund allocation <br />by the CTC or the United States Department of Transportation, and submittal by RECIPIENT <br />and approval by STATE of all PROJECT documentation, including, without limitation, that <br />required by Government Code section 14085. In the event of the imposition of additional <br />conditions, delays, or a cancellation or reduction in funding, as approved by the Legislature, the <br />CTC or the United States Department of Transportation, RECIPIENT shall be excused from <br />meeting the time and expenditure constraints set forth in the Project Financial Plan and the <br />Project Schedule to the extent of such delay, cancellation or reduction and the PROGRAM <br />SUPPLEMENT will be amended to reflect the resultant necessary changes in PROJECT <br />funding, scope, or scheduling. <br />C. Funds Movement <br />RECIPIENT shall not make any proposed changes in any of the four PROJECT expenditure <br />Components (Environmental and Permits, PS&E, Right -of -Way and Construction), including <br />major equipment acquisitions without prior written STATE approval. STATE will also <br />determine whether those proposed changes are significant enough to warrant CTC review. <br />Specific rules and guidelines regarding this process may be detailed in the applicable CTC <br />Resolutions, including, but not limited to, numbers G-06-04 and G-06-20 or their successors. <br />Section 2. Audits and Reports <br />A. Cost Principles <br />(1) RECIPIENT agrees to comply with Title 2 Code of Federal Regulations 200 (2 CFR <br />200), Uniform Administrative Requirements, Cost Principles and Audit Requirements <br />for Federal Awards. <br />(2) RECIPIENT agrees, and will assure that its contractors and subcontractors will be <br />obligated to agree to follow 2 CFR 200 and it shall be used to determine the <br />allowability of individual Project cost items. Every sub -recipient receiving Project <br />funds as a contractor or sub -contractor under this agreement shall comply with 2 CFR <br />200. <br />(3) Any PROJECT costs for which RECIPIENT has received payment or credit that are <br />determined by subsequent audit to be unallowable under 2 CFR 200, are subject to <br />repayment by RECIPIENT to STATE. Should RECIPIENT fail to reimburse <br />moneys due STATE within thirty (30) days of demand, or within such other period as <br />Revised December 23,2020 <br />
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