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08 -SBD -0 -COL <br />STPLER-5065 (010) <br />SPECIAL COVENANTS OR REMARKS <br />01/27/2005 <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 />9. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING <br />AGENCY nor its principals are suspended or debarred at the time <br />of the execution of this agreement. ADMINISTERING AGENCY agrees <br />that it will notify the STATE immediately, in the event a <br />suspension or a debarment happened after the execution of this <br />agreement." <br />10.This PROJECT is programmed to receive Federal Transportation <br />Enhancement'Activities (TEA) fund. The ADMINISTERING AGENCY <br />agrees that any functional or operational change to a TEA <br />PROJECT, before, during or after PROJECT acquisition and/or <br />construction, that does not comply with, or is in conflict with, <br />the TEA program requirements and the original purpose of the <br />project at the time it was programmed may render the PROJECT <br />ineligible for Federal reimbursement and ADMINISTERING AGENCY may <br />be required to reimburse STATE the .,entire amount of- TEA- funds <br />contributed to the project or the .value of the TEA: fund <br />contribution, based upon the fair market value of the.acquisition <br />and/or construction, at the time the conflict and/or <br />non-compliance is determined, whichever is greater. <br />11.All project repair, replacement and maintenance involving the <br />physical condition and the operation of project improvements <br />referred to in Article III MAINTENANCE, of the aforementioned <br />Master Agreement will be the responsibility of the ADMINISTERING <br />AGENCY and shall be performed at regular intervals and as <br />required for efficient operation of the completed project <br />improvements. <br />Program Supplement08-5065-M004- ISTEA Page 4 of 4 <br />