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Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall
<br />comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform
<br />Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards,
<br />excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to
<br />comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with
<br />railroad and utility companies.
<br />18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall
<br />comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31,
<br />LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381
<br />(non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a),
<br />and other applicable STATE regulations.
<br />19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit
<br />that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2
<br />CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public
<br />Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E
<br />services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other
<br />applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to
<br />STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as
<br />described in Chapter 20 of the Local Assistance Procedures Manual.
<br />20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by
<br />STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by
<br />failing to complete PROJECT without adequate justification and approval by STATE, then,
<br />within thirty (30) days of demand, or within such other period as may be agreed to in writing
<br />between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer,
<br />the CTC or any other public entity or agency, may intercept, withhold and demand the transfer
<br />of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future
<br />apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users
<br />Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE
<br />FUNDED projects proposed by ADMINISTERING AGENCY.
<br />21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
<br />otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a
<br />joint powers authority, special district, or any other public entity not directly receiving funds
<br />through the State Controller, STATE is authorized to obtain reimbursement from whatever
<br />sources of funding are available, including the withholding or transfer of funds, 20from those
<br />constituent entities comprising a joint powers authority or by bringing of an action against
<br />ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by
<br />STATE hereunder.
<br />22. ADMINISTERING AGENCY acknowledges that the signatory party represents the
<br />ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers
<br />Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict
<br />or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by
<br />ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.
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