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12.ORA-0-SA <br />DEMOOL-5063(446) <br />SPECIAL COVENANTS OR REMARKS <br />F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, <br />color, national origin,, or sex in the award and performance of any Federal -assisted contract or <br />In the administration of its DBE Program Implementation Agreement. The Administering <br />Agency shall take all necessary and reasonable steps under 49 CFR Part 26 .to ensure <br />nondiscrimination in the award and administration of Federal -assisted contracts. The <br />Administering Agency's DBE Implementation Agreement is incorporated by reference in this <br />Agreement.. Implementation of the LOBE Implementation Agreement, including but not limited <br />to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry <br />out its terms shall be treated as a violation of this Agreement. Upon notification to the <br />Administering Agency of its failure to carry out its DBE Implementation Agreement, the State <br />may impose sanctions as 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 Program Fraud Civil <br />Remedies Act of 1986 (3.1 U.S.C. 3801 et seq.), <br />G. Any State and Federal funds that may have, been encumbered for this project are <br />available for disbursement:for limited periods of time. For each fund encumbrance the limited <br />period is from the start of the fiscal year that. the specific fund was appropriated within the <br />State Budget Act to the applicable fundReversionDate shown on the State approved project <br />finance letter. Per Government Code. Section 16304, all project funds not liquidated within <br />these periods will revert unless an executed Cooperative Work Agreement extending these <br />dates is requested by the -ADMINISTERING AGENCY and approved by the California <br />Department of Finance. <br />ADMINISTERING AGENCY should ensure that invoices are submitted 'to the District Local <br />Assistance Engineer at least 75 days prior to tf e:applicable fund ReversionDate 'to avoid the <br />lapse of applicable funds. Pursuant to a directive from the State Contrciler's Office and the <br />Department of Finance; in order for payment to be made, the cast date the District Local <br />Assistance Engineer can forward an invoice for payment to the Department's Local Programs <br />Accounting. Office for reimbursable work for funds that are going to revert 'at the end of a <br />particular fiscal year is May 15th of the particular i scal year. Notwithstanding the unliquidated <br />sums of project specific State and Federal funding remalning and available to fund project <br />work, any invoice for reimbursement Involving applicable funds that is not received by the <br />Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed <br />fund.Reversion Date will not be paid. These unexpended: funds.witi be Irrevocably reverted by <br />the Department's Division of Accounting on the applicable fund Reversion Date. <br />H. Asa condition forrecelving federal -aid highway funds for the PROJECT, the Administering <br />Agency certifies that NO members of the elected board, council, or other key decision makers <br />are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. <br />Program Supplement 12-5063R-N144-R1- ISTEA Page 3 of 7 <br />