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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�/f-1 U.S.Department of Transportation Federal Railroad Administration (c) The duration of the temporary suspension of activities under the Agreement should be commensurate with the corrective action needed, but should not exceed 120 days at the outset. If the Recipient is not making sufficient progress in correcting the noncompliance, FRA must consider both financial and programmatic requirements in determining the appropriate extension to avoid the need for termination. 10.2 FRA Termination (a) FRA may terminate this Agreement and all its obligations under this Agreement if any of the following occurs: (1) the Recipient fails to obtain or contribute the required Non-Federal Funds, or alternatives approved by FRA, as provided in this agreement and consistent with Article 6 of Attachment 2 of this Agreement; (2) the Recipient fails to meet a milestone by six months after the completion date listed in Article 5 of Attachment 2 of this Agreement and the Recipient fails to request an amendment to this Agreement pursuant to Section 5.3 of this Attachment 1; (3) the Recipient fails to comply with the terms and conditions of this Agreement; (4) there are changes to the Project that FRA determines are inconsistent with FRA's basis for selecting the Project to receive the award; or (5) FRA determines that termination of this Agreement is in the public interest. (b) The Recipient may request that FRA terminate the Agreement,which may result in FRA determining noncompliance and imposing remedies pursuant to Article 9 of this Attachment 1. 10.3 Closeout Termination (a) This Agreement terminates on Project Closeout. (b) In this Agreement, "Project Closeout" means the date that FRA notifies the Recipient that the award is closed out. Under 2 C.F.R. § 200.344, Project Closeout should occur no later than one year after the end of the Period of Performance. 10.4 Post-Termination Adjustments The Recipient acknowledges that under 2 C.F.R. §§ 200.345-200.346,termination of this Agreement does not extinguish FRA's authority to disallow costs, including costs that FRA reimbursed before termination, and recover funds from the Recipient. 10.5 Non-Terminating Events (a) The end of the budget period described under Section 4.4 of this Attachment 1 does not terminate this Agreement or the Recipient's obligations under this Agreement. 19