Agmt 2003 Alameda County Transportation Improvement Authority ACTIA

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ACTIA 2003-16 13. Make itself available upon request from ACTIA, the Citizens Watchdog Committee or PAPCO, through CITY's administrative officer or designated staff, to render a report or answer any and all reasonable and relevant inquiries, as determined by the requesting entity, in regards to its receipt, usage and compliance audit findings of its funds pursuant to this Agreement before ACTIA's Governing Board, the Citizens Watchdog Committee, and/or PAPCO. Right to Withhold: If the above items are not provided to ACTIA by the annual due date and/or such items or the activities of CITY are found not to be in compliance with this Agreement, Public Utilities Code Section 180000 et seq., 2000 Measure B or the Plan, ACTIA will notify CITY of the non-compliance. The CITY will have 45 days (or will create a mutually agreed upon schedule) to correct the deficiency to ACTIA's satisfaction. If it is not corrected within the appropriate time frame, ACTIA shall withhold Measure B sales tax funds from CITY until CITY has corrected any noted deficiencies to ACTIA's satisfaction. While funds are being so withheld all interest on withheld funds shall be retained by ACTIA as an administrative fee. During the term of this Agreement only, ACTIA may not withhold Measure B sales tax funds from CITY for failure to meet the performance measures and criteria included in CITY's local paratransit plan. Jurisdiction: The laws of the State of California wiB govern the validity of this Agreement, its interpretation and performance, and any other claims related to it. Legal Action: All legal actions by either party against the other arising from this Agreement, or for the failure to perform in accordance with the applicable standard of care, or any other cause of action, will be subject to the statutes of limitation of the State of California. Term: The term of this Agreement shall be from July 1, 2003 to June 30, 2007. Modification: This Agreement, including its Exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 4 011455.00 0 116 10 61 7.3