ORANGE, COUNTY OF (5) - 2009 - Laserfiche WebLink

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Agreement No.D09-032 return its remaining CAP Funds within thirty (30) days of said notification. Should City's CAP Funds be returned to County prior to Deadline, County will attempt to reallocate the funds to other County projects. However, if County is unable to do so, the funds will be returned to the State. 3.4 Upon the expenditure of all CAP Funds, City shall promptly submit, but no later than August 31, 2011, an expenditure certification to County, listing the project(s) for which CAP Funds were used and certifying that all expenditures of CAP Funds comply with Prop. 42 Requirements. 3.5 Upon request by County, City shall provide County, within thirty (30) days.of the request, all documentation and other information relating to City's expenditure of CAP Funds. 3.6 In the event of an audit by the State, City shall provide State and/or County all documentation requested by the State within the timeframe required by the State. City shall work cooperatively with County during the course of the audit. City shall attend all audits and audit proceedings, as needed. If the State finds that any City expenditure of CAP Funds is ineligible or does not comply with Prop. 42 Requirements, the amount of the ineligible expenditure shall be immediately reimbursed to County, which will be returned to the State. 4. Miscellaneous Provisions 4.1 Availability of Funds County's obligation is subject to the availability of funds appropriated for this purpose, and nothing herein shall be construed as obligating County to expend or as involving County in any contract or other obligation for future payment of money in excess of appropriations authorized by law. If County's total Prop. 42 allocation from the State falls 10 percent or more below the anticipated eighteen million, three hundred thousand dollars ($18,300,000) yearly allocation, County will adjust the seven million dollar ($7,000,000) total CAP allocation by the same percentage. City's allocation of CAP Funds will likewise be adjusted. There will be no adjustment if County's total Prop. 42 allocation from the State exceeds County's anticipated allocation amount. 4.2 Indemnification & Hold Harmless City shall indemnify, defend with counsel approved in writing, save and hold County and each of its elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses, including attorney's fees and costs, of every type and description to which they may be subjected arising out of any act or omission of, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this agreement. Should a City expenditure of CAP Funds be determined to be ineligible by the State, City is further liable for any interest payments, fines, or other forfeitures that may be assessed by the State. Notwithstanding Sections 3.2 and 3.3, City shall return CAP Funds to County within thirty (30) days should 1) the State or County deem any City expenditure of CAP Funds to be ineligible; or 2) the City Aid Program be found to be incompatible with State requirements. Page 3 of 6