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~ACTIA AGMT #2002-41 <br /> <br />NOW, THEREFORE, it is mutually agreed by and between the parties as follows: <br /> <br />The ACTIA agrees that it shall: <br /> <br /> 1. Within five working days of actual receipt of the monthly Measure B sales tax <br />revenues from the State Board of Equalization, remit to CITY an amount calculated by the <br />percentages of net revenues as set forth in Exhibit A attached hereto and by this reference <br />incorporated herein, subject to the terms of this Agreement. <br /> <br /> 2. Provide an annual projection of CITY's share of Measure B sales tax revenues for <br />paratransit funding on a cash basis of reporting. <br /> <br /> 3. Report the amount of Measure B Program revenues passed thxough to each CITY <br />for paratransit funding for the fiscal year and for the total Program to date, on a cash basis. <br /> <br /> 4. Provide notice to CITY of any and all expenditures made by CITY which are not <br />in compliance with this Agreement, the Plan, 2000 Measure B, or the performance measures <br />included in the local plan developed by CITY pursuant to this Agreement, promptly after such <br />expenditures come to ACTIA's attention. <br /> <br />5. Provide plan, budget and reporting templates to CITY in electronic format. <br /> <br />The CITY agrees that it shall: <br /> <br /> 1. Use the funds distributed to CITY pursuant to this Agreement for non-mandated <br />paratransit services aimed at improving the mobility of seniors and persons with disabilities. <br /> <br /> 2. Set up an appropriate system of accounts to keep separate accounting and <br />reporting for funds received pursuant to this Agreement. The accounting system shall provide <br />adequate internal controls and audit trails to facilitate an annual compliance audit for usage and <br />application of such fnnds. <br /> <br /> 3. Agree to the percentages used in the allocation of the Measure B sales tax <br />revenues as reflected in 2000 Measure B, the Plan and Exhibit A. <br /> <br /> 4. Develop local paratransit plans with local consumer input and governing body <br />approval, including the adoption of appropriate and enforceable performance measures and <br />criteria for services fully or partially funded with 2000 Measure B revenues. Use the forms for <br />development of the first year paratransit plan and budget included in Exhibit B. Submit to <br />ACTIA, at CITY's expense, an independent compliance audit of the funds received and used <br />under this Agreement, including plans and reports of expenditures. The compliance audit is to <br />be completed, certified and provided to ACTIA by December 31, 2003. <br /> <br />5. Develop and submit paratransit plans using the schedule included in Exhibit C. <br /> <br /> 6. In the event, as of July 1, 2003, CITY's expenditures of funds received pursuant <br />to this Agreement are less than the amount received by CITY, provide ACTIA with a written <br />explanation as to why the revenues exceeded expenditures and what CITY intends to do with the <br />reserve amount. <br /> <br />2 <br /> <br /> <br />