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Alameda CTC Agreement No. A17-0127 <br />Project No. 1468020 <br /> <br />Page 8 of 16 <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 />26. 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 />27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA <br />Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the <br />TFCA Final Report Form, included in Appendix H. <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 <br />ADMINISTERED 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 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 /> <br />5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an <br />audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are in compliance <br />with this agreement or the applicable ALAMEDA CTC ADMINISTERED FUNDS. <br /> <br /> <br />SECTION III <br /> <br />IT IS MUTUALLY AGREED AS FOLLOWS: <br /> <br />1. That obligations of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT <br />may be shifted between the phases of the PROJECT covered by this AGREEMENT, or between activities in the <br />same phase of the PROJECT, provided that PROJECT SPONSOR: (A) obtains ALAMEDA CTC’s prior written <br />approval through completion and submittal to ALAMEDA CTC of the form in Appendix D: Alameda CTC <br />Funding Shift Approval Form, and (B) provides a revised and updated Appendix A: Project Control