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FULL PACKET_2014-07-01
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FULL PACKET_2014-07-01
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6/27/2014 1:04:58 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
7/1/2014
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Standard Agreement DOT -213 City of Santa Ana <br />642572 <br />Page 6 of 29 <br />EXHIBIT C <br />i <br />GENERAL TERMS AND CONDITIONS FOR ALL FEDERAL GRANT PROGRAM <br />1. Subrecipient. For the purpose of this Agreement, the CONTRACTOR is the subrecipient as referenced in <br />the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU) <br />(pub.L.109.059). As a grant subrecipient of FTA funds the CONTRACTOR agrees to comply with the <br />Federal statutes, regulations, executive orders, directives and administrative requirements which relate to <br />applications made to and grants received from FTA including but limited to the USDOT FTA Master <br />Agreement (15), October 1, 2008 and FTA C 9070.1 F, Elderly Individuals and Individuals with Disabilities <br />Program Guidance and Application Instructions, or FTA C 9040.1 F, Nonurbanized Area Formula Program <br />Guidance and Grant Application Instructions, or FTA C 9045.1, New Freedom Program Guidance and <br />Application Instructions, or FTA C 9050.1, The Job Access and Reverse Commute (JARC) Program <br />Guidance and Application Instructions. <br />2, Approval. <br />A. Except as provided herein this Agreement is of no force or effect until signed by both parties and <br />approved by the STATE. <br />B. The STATE reserves the right to sign and approve the Agreement provided however, the <br />commencement of work should not be authorized until the expenditure of federal funds has been <br />authorized by the FTA for a specific Federal fiscal year. The CONTRACTOR may not commence <br />performance until federal authorization has been obtained. <br />C. It is mutually understood between the parties that this Agreement may have been written before <br />ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit <br />of both parties in order to avoid program and fiscal delays that would occur if the Agreement were <br />executed after the determination was made. <br />D. This Agreement is valid and enforceable only if sufficient funds are made available to the STATE by <br />the United States Government or the California State Legislature for the purpose of this program. In <br />addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute <br />enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of <br />this Agreement In any manner. <br />E. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds <br />for the program, this Agreement shall be amended to reflect any reduction in funds. <br />F. State Law. This Agreement shall be interpreted according to the laws of the State of California, except <br />as to those provisions where federal law shall apply; as to those provisions where federal law applies, <br />the rules, regulations, statutes and executive orders of the federal government shall be applicable. In <br />the event that any provision of this Agreement requires that CONTRACTOR observe or comply with or <br />perform any activity in contradiction or violation of State law, the CONTRACTOR will notify STATE at <br />once, in writing, of such provision. The remaining Agreement provisions shall not be affected. The <br />unenforceable provislons(s) shall be renegotiated by the CONTRACTOR and STATE for mutually <br />agreed appropriate changes and /or modifications; and the CONTRACTOR shall proceed, as soon as <br />Is possible, with PROJECT. <br />G. No issuance of a Standard Agreement or amendments will be provided until proof of the project has <br />been programmed and is in an approved FSTIP. <br />Rev, 03/25/2014 <br />20A -11 <br />
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