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LACMTA No. LOA.P000F1605 (1982) -34- APPENDIX IV ASSURANCES AND UNDERSTANDINGS REGARDING RECEIPT AND USE OF PROPOSITION A FUNDS The undersigned, in conjunction with the receipt of funds derived from the one-half cent sales tax imposed by Ordinance No. 16 (Prop. A) of the Los Angeles County Transportation Commission (Commission) ,' and as required by the Commission' s Local Return Program Guidelines, hereby provides the following assurances and understandings . A. The undersigned hereby assures the Commission: 1. That Prop. A funds will not be substituted for property tax funds which are currently funding existing public transportation programs'; 2. That Prop. A funds will be used for public transit purposes as defined in the Commission' s Local Return Program Guide- lines; 3. That the undersigned will submit to the Commission 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; 4. Any proposed use of funds will not duplicate or compete with any existing publicly-funded transit or paratransit service; 5. That Prop. A funds will be used within the year of receipt plus three years thereafter unless specific permission for ' a time extension is granted by the Commission; 6. That the undersigned will submit to the Commission an annual preliminary report on use of funds within 90 days of the close of the fiscal year; 7. Unless otherwise required by the Commission, an audited report, certified by a Certified Public Accountant, will be submitted to the Commission within 180 days of the close of the fiscal year and that this report will be paid for out of the undersigned' s Prop. A funds; 8. That the description of the intended use of the funds, as submitted to the Commission, is an accurate depiction of the project to be implemented; 9. That any change in project scope of financing, defined as a 10% increase or decrease in project area, mileage or funds, will be submitted to the Commission not more than 30 days after the decision to change scope and in any case at least 60 days before that change in scope is implemented; 10. That all projects proposed for Prop. A funding will meet the legal requirements of the Commission' s Prop. A Ordinance and the Commission' s Local Return Program Guidelines criteria. B. The undersigned further understands and agrees: 1. That the Commission will require the undersigned to return any Prop. A funds and may impose interest penalties on any expenditure found to be illegal or improper under the terms of the Commission's Prop. A Ordinance or the Commis- sion' s Local Return Program Guidelines; 2 . That the undersigned will assume all responsibilities for compliance with applicable CEQA and NEPA requirements regarding projects to be funded in part or in whole with Prop. A funds; 3. That the undersigned will comply with all applicable federal, state and local requirements as to affirmative action, fair labor practices and public health and safety; 4 . That the undersigned will either utilize the State Con- troller' s Uniform System of Accounts and Records to accommodate uses and disbursements of Prop. A funds or will establish a separate Prop. A Local Transit Assistance (PALTA) accounting system which will allow financial and compliance audits of Prop. A fund transactions and expen- ditures to be conducted; 5. That any Prop. A funds not encumbered within the year of receipt of funds plus three years thereafter, or as may be extended by the Commission, will be returned to the Commission upon request therefrom. IN WITNESS WHEREOF the undersigned has executed this "Assurances and Understandings Regarding Receipt and Use of Proposition A Funds" this 5th day of October , 1982 by its duly authorized officer: CITY OF Rancho Palos Verdes BY '')ent.d.41-TA144161gy City Managor (TITLE) DATE October 5, 1982