Item 28 - Resolution for Caltrans Clean California Local Grant Program

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City of Santa Ana Agreement Number 12-TRANSIT-06 AMS ADV ID: 1224000031 Page 5 of 19 9.Period of Performance a.Reimbursable work under this RGA shall begin no earlier than on September 1, 2023, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than December 31, 2024. Project closeout and final invoicing to CALTRANS must be submitted no later than June 30, 2025. Work incurred after December 31, 2024 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after June 30, 2025. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through June 30, 2025 (which, in total, shall not exceed 5% of the grant award). b.If requested by the CALTRANS District Partnership Liaison, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS. 10.Changes in Terms/Amendments This Agreement may only be amended or modified by mutual written agreement of the parties. 11.Cost Limitation a.The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $398,000.00. b.It is agreed and understood that the Clean CA funds are limited to the amount granted. CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Partnership Liaison at or below that fund limitation established herein. 12.Termination a.CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination. AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation. b.This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination. c.AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA. Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS. 13.Budget Contingency Clause a.It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect. In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to