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CSJ #0016-02-122 <br />District # 14 <br />Code Chart 64 #37950 <br />I-35 Ramps at River Ridge <br />CFDA #20.205 <br />the Local Government shall remit its remaining financial share for the State's estimated <br />construction oversight and construction costs. <br />e. In the event that the State determines that additional funding by the Local Government is <br />required at any time during the Project, the State will notify the Local Government in writing. <br />The Local Government shall make payment to the State within thirty (30) days from receipt of <br />the State's written notification. <br />f. Whenever funds are paid by the Local Government to the State under this Agreement, the <br />Local Government shall remit a check or warrant made payable to the "Texas Department of <br />Transportation Trust Fund." The check or warrant shall be deposited by the State in an <br />escrow account to be managed by the State. Funds in the escrow account may only be <br />applied by the State to the Project. If, after final Project accounting, excess funds remain in <br />the escrow account, those funds may be applied by the State to the Local Government's <br />contractual obligations to the State under another advance funding agreement. <br />g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other <br />directives, including but not limited to outdoor advertising billboards and storm water drainage <br />facility requirements, are more restrictive than State or Federal Regulations, or if any other <br />locally proposed changes, including but not limited to plats or replats, result in increased costs, <br />then any increased costs associated with the ordinances or changes will be paid by the local <br />government. The cost of providing right of way acquired by the State shall mean the total <br />expenses in acquiring the property interests either through negotiations or eminent domain <br />proceedings, including but not limited to expenses related to relocation, removal, and <br />adjustment of eligible utilities. <br />h. The state auditor may conduct an audit or investigation of any entity receiving funds from the <br />state directly under the contract or indirectly through a subcontract under the contract. <br />Acceptance of funds directly under the contract or indirectly through a subcontract under this <br />contract acts as acceptance of the authority of the state auditor, under the direction of the <br />legislative audit committee, to conduct an audit or investigation in connection with those funds. <br />Any entity that is the subject of an audit or investigation must provide the state auditor with <br />access to any information the state auditor considers relevant to the investigation or audit. <br />i. Whenever American Recovery and Reinvestment Act of 2009 ARRA funds are used and the <br />Local Government is performing any work, either directly or through a contractor, it must <br />comply with the following provisions. If a Local Government is receiving ARRA funds, but is <br />not performing any work, the following provisions apply, if appropriate, and to the extent <br />necessary to comply with ARRA regulations. <br />In accordance with Section 902 of the ARRA, should this agreement involve the expenditure of <br />ARRA funds, then the U.S. Comptroller General and its representatives shall have the <br />authority to: <br />a. examine any records of the contractor or any of its subcontractors, or any State or local <br />agency administering such contract, that directly pertain to, and involve transactions <br />relating to the contract or subcontract; and <br />b. interview any officer or employee of the contractor or any of its subcontractors, or any State <br />or local agency administering the contract regarding such contracts. <br />Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way <br />the existing authority of the Comptroller General. <br />AFA-LPAFA_ShortGen.doc Page 3 of 9 Revised 07/10/2009