ORANGE, COUNTY OF (8) - 2009 - Laserfiche WebLink

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Agreement No. D09-055 SECTION I A. Upon approval of the City's project(s) by the Board of Supervisors, County shall include the City's project(s) in the Prop. 1B project list that the County submits to the State Department of Finance for review and disbursement of the County's second and third Prop. 1B allocations. The City project(s) approved by the Board of Supervisors for Prop. 1B funding is attached hereto as the County of Orange funded Proposition 1B Project(s) in City of Santa Ana (Exhibit A). B. Upon receipt of the County's second and third Prop. 1B allocations from the State, County will disburse a portion of its Prop. 1B Funds to the City in the amount shown on Exhibit A, or as limited by Section II.A, below. C. The City shall expend Prop. 1B Funds on the project(s) listed in Exhibit A in accordance with all Prop 1B Requirements. This includes, but is not limited to, meeting the project delivery and expenditure deadlines, and using the County's Prop. 1B allocation to reduce City's traffic congestion and further deterioration, improving traffic flows, or increasing traffic safety. D. Prop. 1B Funds shall be expended no later than June 30~' of the third fiscal year ("Deadline") following the fiscal year in which each particular allocation was received from the State by the County. Upon receipt of the County's second and third Prop. 1B allocations from the State, County shall notify City of Prop. 1B expenditure deadlines. Any Prop. 1B Funds not expended by the Deadline shall promptly be returned to the County, but in no event shall funds be returned later than sixty (60) days after the Deadline. If the City determines at any time that the City cannot expend Prop. 1B Funds by the Deadline, the City shall immediately notify the County in writing of this determination. The City shall then return its remaining Prop. 1B Funds within sixty (60) days of said notification. E. County will conduct a City expenditure assessment status report in accordance with the reporting schedule set by the Department of Finance in order to verify if City is expending its Prop. 1B Funds in accordance with Prop. 1B Requirements. The status report shall include the date of project award, amount of award, percent completion of project, estimated completion date, the amount of funds that have been expended, the remaining County Prop. 1B allocation to be expended, and any other information or documentation relating to City's expenditure of Prop. 1B Funds. Upon request by County, the City shall provide County with said Prop. 1B Funds status report within fourteen (14) days of the request. F. In the event of an audit by the State, the City shall provide State and/or County all documentation requested by the State within the timeframe required by the State. The City shall work cooperatively with the County during the course of the audit. The City shall attend all audits and audit proceedings, as needed. If the State finds that any City expenditure of Prop. 1 B Funds is ineligible or does not comply with Prop. 1B Requirements, the amount of the ineligible expenditure and any other penalties or assessments shall be immediately reimbursed to the County, which will be returned to the State. The amount of the ineligible expenditure including Page 2 of 7