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R2024-269 Resolution Authorizing a Consolidated Rail Infrastructure and Safety Improvement Grant Agreement for Construction Engineering Services for the Improvement of Brush College Road over Faries Parkway and the Norfolk Southern Railroad Tracks
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R2024-269 Resolution Authorizing a Consolidated Rail Infrastructure and Safety Improvement Grant Agreement for Construction Engineering Services for the Improvement of Brush College Road over Faries Parkway and the Norfolk Southern Railroad Tracks
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Last modified
7/17/2024 10:24:36 AM
Creation date
7/17/2024 10:24:24 AM
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Resolution/Ordinance
Res Ord Num
R2024-269
Res Ord Title
R2024-269
Department
Public Works
Approved Date
7/15/2024
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�1 U.S.Department of Transportation <br /> Federal Railroad Administration <br /> (3) directing the Recipient to stop work; <br /> (4) any remedy permitted under 2 C.F.R. §§ 200.339-200.340, including <br /> withholding of payments; disallowance of previously reimbursed costs, requiring <br /> refunds from the Recipient to FRA; suspension or termination of the award;or <br /> suspension and disbarment under 2 C.F.R. part 180; or <br /> (5) any other remedy legally available. <br /> (b) The Recipient acknowledges that any amounts FRA requires the Recipient to refund to <br /> FRA under this Section 9.2 constitute a debt to the Federal Government that FRA may <br /> collect under 2 C.F.R. § 200.346 and the Federal Claims Collection Standards(31 C.F.R. <br /> parts 900-999). <br /> (c) Other Remedies. The termination authority under Article 10 of this Attachment 1 <br /> supplements and does not limit FRA's remedial authority under this Article 9 or 2 C.F.R. <br /> part 200, including 2 C.F.R. §§ 200.339-200.240. FRA reserves the right to seek any <br /> appropriate remedy or otherwise enforce the terms and conditions of this Agreement as <br /> authorized by law. <br /> 9.3 Other Oversight Entities <br /> Nothing in Article 9 of this Attachment 1 limits any party's authority to report activity under this <br /> agreement to the United States Department of Transportation Inspector General or other <br /> appropriate oversight entities. <br /> ARTICLE 10: AGREEMENT SUSPENSION AND TERMINATION <br /> 10.1 Suspension of Award Activities <br /> (a) If FRA determines that the remedy for noncompliance imposed under Article 9 of this <br /> Agreement does not achieve the desired result or is unlikely to improve compliance or <br /> performance, FRA may suspend activities under this Agreement pending corrective action <br /> by the Recipient or termination. <br /> (b) If FRA suspends activities under this Agreement, FRA will notify the Recipient in <br /> writing of the following,which may be included in the determinations of non-compliance <br /> under Section 9.1 of this Attachment 1: <br /> (1) what project activities, if any, will take place during the period of suspension; <br /> (2) what costs FRA will reimburse if the suspension is lifted and the award <br /> resumed; <br /> (3) what corrective actions must occur during the suspension; and <br /> (4) FRA's intent to terminate the award under this Article 10 if the Recipient does <br /> not meet the conditions of the remedial action. <br /> 18 <br />
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