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LACMTA No. LOA.P000F1605 (2010) Prop A and C c Coe ASSURANCES AND UNDERSTANDINGS REGARDING RECEIPT AND USE OF PROPOSITION A and PROPOSITION C FUNDS The undersigned, in conjunction with the receipt of funds derived from the one-half cent sales tax imposed by Ordinance No. 16 (Proposition A)and the one-half cent sales tax imposed by the Proposition C Ordinance of the Los Angeles County Metropolitan Transportation Authority(Metro), and as required by Metro's Local Return Program Guidelines, hereby provides the following assurances and understandings. A. The undersigned hereby assures Metro: 1. That the Proposition A and Proposition C funds will not be substituted for property tax funds which are currently funding existing public transportation programs; 2. That Proposition A and Proposition C funds will be used for public transit purposes as defined in Metro's Local Return Program Guidelines; 3. That the undersigned will submit to Metro a description of the use of funds: a. For service expansion or new service: at least 60 days before encumbrance of funds; b. For other projects: at least 30 days before encumbrance of funds; c. Annually, by August 1St of each year, an update of previously approved projects; d. Annually, by October 15th of each year, an update of the prior year's expenditures; 4. Any proposed use of funds will not duplicate or compete with any existing publicly-funded transit or paratransit service; 5. That Proposition A and Proposition C funds will be expended by the date that is three years from the last day of the fiscal year in which funds were originally allocated; 6. Unless otherwise required by Metro, an audit certified by a Certified Public Accountant, will be conducted by Metro within 180 days of the close of the fiscal year; 7. That the description of the intended use of the funds, as submitted to Metro, is an accurate depiction of the project to be implemented; 8. That a 25 percent change in project scope or financing for those projects defined in the Guidelines will be submitted to Metro at least 60 days before that change in scope is implemented; R6876-0001\1288601v1.doc 9. That all projects proposed for Proposition A and Proposition C funding will meet the legal requirements of the Proposition A and Proposition C Ordinances and Metro's Local Return Program Guidelines criteria. B. The undersigned further understands and agrees: 1. That Metro will require the undersigned to return any Proposition A and Proposition C funds and may impose interest penalties on any expenditure found to be illegal or improper under the terms of the Proposition A and Proposition C Ordinance or the Metro's Local Return Program Guidelines; 2. That the undersigned will, for projects to be funded in part or in whole with Proposition A and/or Proposition C funds, comply with all applicable federal, state, and local laws and regulations, including without limitation: American With Disabilities Act (ADA), CEQA and NEPA, affirmative action, transit accessibility and public health and safety requirements and fair labor practices; 3. That the undersigned will either utilize the State Controller's Uniform System of Accounts and Records to accommodate uses and disbursements of Proposition A and Proposition C funds or will establish a separate Proposition A and Proposition C Local Transit Assistance accounting system which will allow financial and compliance audits of Proposition A and Proposition C funds transactions and expenditures to be conducted; 4. That any Proposition A and Proposition C funds not expended within the year of receipt of funds plus three years thereafter will be returned to Metro upon request therefrom. IN WITNESS WHEREOF the undersigned has executed this "Assurances and Understandings Regarding Receipt and Use of Proposition A and Proposition C Funds" this 5th day of October , 201 0 by its duly authorized officer: CITY OF RANCH PALOS VERDFS BY jokw cAtikc (Title) DATE fO ! IO -2- R6876-0001\1288601 v 1.doc