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Alameda CTC Agreement No. A22-0035 <br />Project No. 157900 <br /> <br />Page 8 of 16 <br /> 2021 PFA Version <br />25. 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 />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 />identified in Appendix G: 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 referenced in Appendix G. <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 compliant <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 />310