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15 <br /> 4.05 Capital Improvement Program (CIP) Review.Each year's work program <br /> development process shall include a review of the CIP to determine which, if any,projects no <br /> longer meet the needs of the overall transit plan. Goal for this would be to remove such <br /> project(s) and reallocate funding as necessary to other areas of need. <br /> 4.06 Good Faith Effort.For any Party to this Agreement, or any involved Implementation <br /> Partner, that is unable to deliver a project as included in the Annual Work Program due to <br /> issues outside their control, Parties to a specific Project Agreement will work with the Staff <br /> Working Group through good faith to determine appropriate action to help resolve issues and <br /> facilitate delivery of said project. Parties shall reference supporting Orange County Transit <br /> Financial Policies and Procedures to guide the resolution process. <br /> ARTICLE V <br /> SUPPLANTATION/SUPPLEMENTATION <br /> 5.01 As of the Effective Date of this Participation Agreement, N.C.G.S. § 105-508.2 and <br /> N.C.G.S § 105-564 require that Special District net tax proceeds must supplement and not <br /> supplant existing public transportation systems' funds or other resources as defined in Section <br /> 2.012 of the Governance ILA. The Parties acknowledge that the only funds subject to these <br /> requirements as of the execution of this Participation Agreement are: <br /> (a) Local Government Sales and Use Taxes for Public Transportation (N.C.G.S. 105- <br /> 506:514) which is levied at its maximum allowable rate of one-half(1/2%)percent (non- <br /> supplantation cited in N.C.G.S 105-507.3.b); <br /> (b) Regional Transit Authority Registration Tax (N.C.G.S. 105-560:569)which is levied at <br /> its maximum amount of$8.00 per year with $3.00 of each $8.00 collected allocated <br /> locally to Orange County (non-supplantation cited in N.C.G.S. 105-564). <br /> 5.02 All Parties may pursue additional state and federal funding sources, which are not <br /> controlled locally, when appropriate for implementation of eligible projects. The use of <br /> existing funds or other resources, including state and federal funds, must be documented and <br /> made publicly available as a condition of receiving Orange County Transit Tax Revenue or <br /> other Locally Dedicated Transit Funding Sources. To the extent permitted by law, any audits <br /> required as a condition of receiving the identified funding sources shall be available for public <br /> inspection as well. <br /> 5.03 The most recently audited and reported local fiscal year prior to the January 15, 2012 of <br /> the one half(1/2%)percent Public Transportation Sales Tax Act local option sales and use tax <br /> as defined by N.C.G.S. 105-508 is the baseline for comparing all Parties' annual budgets for <br /> the Agreement. <br /> 5.04 Nothing herein shall be construed to modify, abridge, or deny the authority or discretion <br /> of any Party to independently develop, administer, or control transportation projects pursuant to <br /> enumerated authority or funding sources separate from the authority and funding sources outlined <br /> in this Participation Agreement. <br /> 9 <br />