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Alameda CTC Agreement No. A16-0079 <br />Project No. 1468.020 <br /> <br />Page 8 of 16 <br /> <br />29. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA <br />CTC’s request, in regard to its receipt, compliance audit findings, and usage of its funds before the ALAMEDA <br />CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as <br />applicable. <br /> <br />30. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a <br />BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any <br />TFCA funds for five (5) years from the date of BAAQMD’s final audit determination. Existing TFCA funds <br />already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been <br />satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an <br />uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD <br />performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT. <br />SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings. <br /> <br />31. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to <br />ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if PROJECT is not <br />maintained and/or operated throughout and at least until the conclusion of its “Years of Effectiveness” as <br />shown in Appendix H: Transportation Fund for Clean Air Policies and Requirements. <br /> <br /> <br />SECTION II <br /> <br />ALAMEDA CTC AGREES: <br /> <br />1. ALAMEDA CTC shall make a good faith effort to provide all Alameda CTC Administered <br />Funds Obligated by this Agreement. <br /> <br />2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in <br />resolving issues related to the PROJECT. <br /> <br />3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as <br />required by this AGREEMENT. <br /> <br />4. ALAMEDA CTC shall withhold an amount equal to four percent (4%) of the funds requested <br />for each phase in an approved Request for Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS <br />obligated by this AGREEMENT as retention for such phase. ALAMEDA CTC shall release the retained amount <br />per phase upon the PROJECT SPONSOR’S request to release the retention after completing the phase, and <br />upon ALAMEDA CTC‘s acceptance of all deliverables, including progress and final reporting for such <br />PROJECT phase required by this AGREEMENT. <br /> <br />5. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures <br />made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA <br />CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures. <br />