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10/29!2008 <br />12-ORA-O-SA <br />BHL.S-5063(090) <br />SPECIAL COVENANTS OR REMARKS <br />Pursuant to a directive from the State Controller's Office and <br />the Department of Finance, the last date to submit invoices for <br />reimbursed work in each fiscal year is May 15th in order for <br />payment to be made out of those then current appropriations. <br />Project work performed and invoiced after May 15th will be <br />reimbursed only out of available funding that might be encumbered <br />in the subsequent fiscal year, and then only when those funds are <br />actually allocated and encumbered as authorized by the California <br />Transportation Commission and the Department's Accounting Office. <br />10. The Administering Agency shall not discriminate on the basis of <br />race, religion, age, disability, color, national origin, or sex <br />in the award and performance of any Federal-asaiated contract or <br />in the administration of its DB8 Program Implementation <br />Agreement. The Administering Agency shall take all necessary and <br />reasonable steps under 49 CFR Part 26 to ensure nondiscrimination <br />in the award and administration of Federal-asaiated contracts.. <br />The Administrating Agency's DBE Implementation Agreement is <br />incorporated by reference in ahis Agreement. Implementation'of <br />the DBE Implementation Agreement, including but not limited to_' <br />timely reporting of DBE commitments and utilization, is a legal <br />obligation and failure to carry out its terms shall be treated as <br />a violation of this Agreement. Upon notification to the <br />Administering Agency of its failure to carry out its DBE <br />Implementation Agreement, the State may impose sanctions as <br />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 <br />Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et <br />seq.)• <br />Page 4 0£ 4 <br />Program Supplement l2-5063-M094-R1 ISTBA <br />