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8D Consent 2016 1205
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8D Consent 2016 1205
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11/30/2016 12:36:11 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/5/2016
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Alameda CTC Agreement No. A16-0079 <br />Project No. 1468.020 <br /> <br />Page 10 of 16 <br />be funded by ALAMEDA CTC as shown in Appendix B: Alameda CTC Administered Funds Obligated by this <br />Agreement. <br /> <br />6. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund <br />availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be <br />amended, as necessary, to reflect the applicable requirements. <br /> <br />7. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC <br />ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be <br />transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered. <br />ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available <br />for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control <br />Information, has been committed and/or encumbered to the PROJECT. <br /> <br />8. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, <br />rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this <br />AGREEMENT. <br /> <br />9. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current <br />BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix H: <br />Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the <br />BAAQMD upon Alameda CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will <br />only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible <br />under the applicable BAAQMD TFCA Policies. <br /> <br />10. The laws of the State of California shall govern this AGREEMENT. <br /> <br />11. All correspondence and communications will contain ALAMEDA CTC project number and <br />name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this <br />AGREEMENT, all correspondence and communications will also contain the TFCA project number as <br />identified in Appendix H: Transportation Fund for Clean Air Policies and Requirements. <br /> <br />12. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT <br />work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall <br />require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all <br />appropriate and relevant PROJECT records promptly available for audit and copying. <br /> <br />13. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a pro- <br />rated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT <br />SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: <br />Project Control Information. Pro-rated basis, as used herein, equals the amount of Alameda CTC <br />Administered Funds Obligated by this Agreement to a phase, divided by the total funding for the phase, as <br />shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes <br />such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement <br />period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by Alameda <br />CTC Administered Funds Obligated by this Agreement, and (iii) request reimbursement for the dollar
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