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City of Santa Ana <br />Master Agreement No. 64AO274 <br />Page 18 of 26 <br />Business Enterprises goals (or RECIPIENT's applicable higher goals) in the award of <br />every contract for PROJECT work to be performed under these this AGREEMENT. <br />(2) RECIPIENT shall have the sole duty and authority under this AGREEMENT and each <br />PROGRAM SUPPLEMENT to determine whether these referenced code sections are <br />applicable to RECIPIENT and, if so, whether good faith efforts asserted by those <br />contractors of RECIPIENT were sufficient as outlined in Military and Veterans Code <br />sections 999 et seq. <br />O. Environmental Process <br />Completion of the PROJECT environmental process ("clearance") by RECIPIENT (and/or <br />STATE if it affects a State facility within the meaning of the applicable statutes) is required <br />prior to requesting PROJECT funds for right-of-way purchase or construction. No State agency <br />may request funds nor shall any State agency, board or commission authorize expenditures of <br />funds for any PROJECT effort, except for feasibility or planning studies, which may have a <br />significant effect on the environment unless such a request is accompanied with all appropriate <br />documentation of compliance with or exemption from the California Environmental Quality Act <br />(CEQA) (including, if as appropriate, an environmental impact report, negative declaration, or <br />notice of exemption) under California Public Resources Code section 21080(b) (10), (11), and <br />(12) provides an exemption for a passenger rail project that institutes or increases passenger or <br />commuter services on rail or highway rights -of -way already in use. <br />P. Force Majeure <br />Each party will be excused from performance of its obligations where such non-performance is <br />caused by any extraordinary event beyond its reasonable control, such as any non -appealable <br />order, rule or regulation of any federal or state governmental body, fire, flood, earthquake, storm, <br />hurricane or other natural disaster, epidemic, pandemic, war, invasion, act of foreign enemies, <br />hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, <br />military or usurped power or confiscation, terrorist activities, nationalization, government <br />sanction, blockage, embargo, labor dispute, strike, lockout or interruption, provided that the party <br />excused hereunder shall use all reasonable efforts to minimize its non-performance and to <br />overcome, remedy or remove such event in the shortest practical time. <br />Should a force majeure event occur which renders it impossible for a period of forty-five (45) or <br />more consecutive days for either party to perform its obligations hereunder, the Parties agree to <br />negotiate in good faith to amend the existing Master Agreement or Supplemental Agreement to <br />deal with such event and to seek additional sources of funding to continue the operation of the <br />Service. <br />ARTICLE III — SPECIAL PROVISIONS <br />Section 1. Bond Provisions (Applicable only to State Bond Funding encumbered <br />against a specific Program Supplement). <br />Revised December 23,2020 <br />