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Item 27 - Resolution and Agreement for the CALTRANS Intercity Rail Capital Program
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Item 27 - Resolution and Agreement for the CALTRANS Intercity Rail Capital Program
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12/12/2024 11:50:03 AM
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City Clerk
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Agenda Packet
Agency
Public Works
Item #
27
Date
12/17/2027
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Agency Name <br />Master Agreement No. 64SantaAnaMA <br />amendment and will provide a copy of that additional Resolution to State with <br />the Program Supplement or any amendment to that document. <br />C. Termination <br />Termination Convenience by State <br />a. State reserves the right to terminate funding for any Program <br />Supplement, subject to CaISTA approval, upon written notice to Recipient in the <br />event that Recipient fails to proceed with Project work in accordance with the <br />Program Supplement, or otherwise violates the conditions of this Agreement <br />and/or the Program Supplement or the funding allocation such that substantial <br />performance is significantly endangered. <br />b. No such termination shall become effective if, within thirty (30) days <br />after receipt of a notice of termination, Recipient either cures the default involved <br />or, if not reasonably susceptible of cure within said thirty (30)-day period, <br />Recipient proceeds thereafter to complete the cure in a manner and time line <br />acceptable to State. Any such termination shall be accomplished by delivery to <br />Recipient of a notice of termination, which notice shall become effective not less <br />than thirty (30) days after receipt, specifying the reason for the termination, the <br />extent to which funding of work under this Agreement is terminated and the date <br />upon which such termination becomes effective, if beyond thirty (30) days after <br />receipt. During the period before the effective termination date, Recipient and <br />State shall meet to attempt to resolve any dispute. <br />C. Following a fund encumbrance made pursuant to a Program <br />Supplement, if Recipient fails to expend GGRF, SB 1, and/or General Funds monies <br />within the time allowed specified in the Program Supplement, those funds may <br />revert, and be deemed withdrawn and will no longer be available to reimburse <br />Project work unless those funds are specifically made available beyond the end <br />of that Fiscal Year through re -appropriation or other equivalent action of the <br />Legislature and written notice of that action is provided to Recipient by State. <br />d. In the event State terminates a Program Supplement for <br />convenience and not for a default on the part of Recipient as is contemplated in <br />this section, Recipient shall be reimbursed its authorized costs up to State's <br />proportionate and maximum share of allowable Project costs incurred to the date <br />of Recipient's receipt of that notice of termination, including any unavoidable <br />costs reasonably and necessarily incurred up to and following that termination <br />date by Recipient to effect such termination following receipt of that termination <br />notice. <br />Revised as of 9/12/2024 Page 17 <br />
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