17 AAC 55.060 - Termination of local control agreement by department for convenience of state
(a) The department will, in its discretion,
at any time, terminate an agreement executed under
17 AAC 55.020 and assume control
of the project itself, if the department determines that termination is in the
best interests of the state. The department will give written notice to the
municipality of its decision to terminate the agreement not less than 15 days
before the effective date of termination. The written notice will include a
statement of why the decision to terminate was made.
(b) If an agreement is terminated for the
convenience of the state under this section, the department will reimburse the
municipality for that portion of its expenses which was not otherwise
reimbursed under the agreement, and which is directly attributable to
performance under the agreement. The department will also reimburse the
municipality for any costs properly incurred by the municipality in honoring
convenience termination clauses in its agreements with its contractors, as long
as those clauses conform to the standard convenience termination clause used by
the state for similar type contracts.
(c) The department will, in its discretion,
waive the requirements of this section in an agreement if the municipality must
sell revenue bonds to provide money for construction of a public works project
as proposed in that agreement.
Notes
Authority:AS 35.15.080
AS 44.42.030
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