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City of Santa Ana <br />Agreement Number 12-TRANSIT-06 <br />AMS ADV ID: 1224000031 <br />Page 3 of 19 <br />Section ll <br />CALTRANS Agrees: <br />That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to <br />conduct the audit in accordance with applicable laws and regulations. <br />Section lII <br />It Is Mutually Agreed: <br />1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to <br />Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of <br />work identified in this agreement and authorized by Streets and Highway Code section 91.41 The <br />funds subject to this RGA must be identified as available to a public entity that is responsible for <br />implementing the scope of work authorized under the Clean California Program in CALTRANS’ <br />budget, and AGENCY represents and warrants that it is a public entity that is responsible for <br />implementing the scope of work authorized under the Clean California Program. <br />2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, <br />AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant <br />Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds <br />may only be used for costs and expenses that are directly related to such purpose. <br />3. AGENCY shall perform all the duties and obligations described in Santa Ana Bus Stop <br />Improvements, hereinafter “Project”, subject to the terms and conditions of this RGA and <br />Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are <br />attached hereto as Attachment III. <br />4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project <br />is attached hereto as Attachment IV. <br />5. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in <br />accordance with California Streets and Highways Code §91.41 including, but not limited to, <br />Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, <br />regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable <br />CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines <br />(Attachment I). <br />California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and <br />external entities that receive state and federal transportation funds from the department, are <br />spending those funds efficiently, effectively, economically, and in compliance with applicable state <br />and Federal requirements. Those external entities include, but are not limited to, private for profit <br />and nonprofit organizations, local transportation agencies, and other local agencies that receive <br />transportation funds either through a contract with the department or through an agreement or <br />grant administered by the department.”