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Agreement No. D10-076 <br />State Department of Finance. The City project(s) approved by the Board of Supervisors for <br />Prop. 113 funding is attached hereto as the County of Orange funded Proposition I B Fourth <br />Allocation Project(s) in City of Santa Ana (Exhibit A). <br />B. Upon full execution of this agreement by both City and County, County will <br />disburse a portion of its Prop. 1B Funds to the City in the amount shown on Exhibit A, or as <br />limited by Section ILA, below. <br />C. The City shall expend Prop. 1B Funds on the project(s) listed in Exhibit A <br />exclusively within City's jurisdiction in accordance with all Prop 1B Requirements. This <br />includes, but is not limited to, meeting the project delivery and expenditure deadlines, and using <br />the County's Prop. 1B allocation to reduce City's traffic congestion and further deterioration, <br />improving traffic flows, or increasing traffic safety. <br />D. Prop. 1B Funds shall be expended no later than June 30, 2013 ("Deadline"). Any <br />Prop. I B Funds not expended by the Deadline or by the State-authorized extension shall <br />promptly be returned to the County, but in no event shall funds be returned later than sixty (60) <br />days after the Deadline or by the State-authorized extension. If the City determines at any time <br />that the City cannot expend Prop. I B Funds by the Deadline or by the State-authorized <br />extension, the City shall immediately notify the County in writing of this determination. The <br />City shall then return its remaining Prop. 1 B Funds within sixty (60) days of said notification. <br />E. County will conduct a City expenditure assessment status report in accordance with <br />the reporting schedule set by the Department of Finance in order to verify if City is expending <br />its Prop. I B Funds in accordance with Prop. 1B Requirements. The status report shall include <br />the date of project award, amount of award, percent completion of project, estimated completion <br />date, the amount of funds that have been expended, the remaining County Prop. 1 B allocation to <br />be expended, and any other information or documentation relating to City's expenditure of Prop. <br />I B Funds. Upon request by County, the City shall provide County with said Prop. I B Funds <br />status report within fourteen (14) days of the request. <br />F. In the event of an audit by the State, the City shall provide State and/or County all <br />documentation requested by the State within the timeframe required by the State. The City shall <br />work cooperatively with the County during the course of the audit. The City shall attend all <br />audits and audit proceedings, as needed. If the State finds that any City expenditure of Prop. I B <br />Funds is ineligible or does not comply with Prop. 1B Requirements, the amount of the ineligible <br />expenditure and any other penalties or assessments shall be immediately reimbursed to the <br />County, which will be returned to the State. The amount of the ineligible expenditure including <br />any other penalties or assessments shall be reimbursed to the County no later than 60 days from <br />the State's determination. <br />SECTION II <br />MISCELLANEOUS PROVISIONS: <br />Page 2 of 7