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BAAQMD FYE 2017 TFCA Funding Agreement <br />TFCA Project 17R21 Page 1 <br />TRANSPORTATION FUND FOR CLEAN AIR FUNDING AGREEMENT <br />BETWEEN <br />THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT <br />AND <br />CITY OF SAN LEANDRO <br />PROJECT NUMBER: 17R21 <br />This funding agreement (“Agreement”) is made and entered into between the City of San Leandro, hereinafter <br />referred to as “Project Sponsor,” and the Bay Area Air Quality Management District, hereinafter referred to as <br />the “Air District” (and hereinafter referred to jointly as the “Parties”). <br />SECTION I <br />RECITALS <br />1)California Health and Safety Code Sections 44223 and 44225 authorize the Air District to levy a fee on <br />motor vehicles registered within its jurisdiction and to use those fees to implement mobile source and <br />transportation control projects that result in surplus emission reductions. <br />2)The Air District has established a grant fund, entitled the Transportation Fund for Clean Air (“TFCA”) to <br />implement such projects. Under the TFCA’s Regional Fund Program, the Air District may issue TFCA <br />funds to public agencies and, for certain vehicle-based projects, to other entities for projects within the Air <br />District’s jurisdiction (“TFCA Program”). <br />3)California Health and Safety Code Section 44241 lists the permissible types of projects, all of which must <br />conform to the transportation control measures and mobile source measures that are included in the Air <br />District’s air quality plan(s) adopted pursuant to California Health and Safety Code Sections 40233, 40717, <br />and 40919 and are in effect as of the date of execution of this Agreement. <br />4)On March 16, 2016, the Air District’s Board of Directors approved funding allocations for the TFCA <br />Program for Fiscal Year Ending (FYE) 2017, under California Health and Safety Code Section 44241, and <br />authorized the Executive Officer/Air Pollution Control Officer (APCO) to execute Grant Agreements for <br />eligible projects funded by the TFCA Program, with individual grant awards up to $100,000. <br />5)On July 20, 2016, the Air District’s Board of Directors approved the FYE 2017 TFCA Regional Fund <br />Program Policies (“Program Policies”), which sets forth requirements for projects that are eligible for <br />funding through the TFCA Program. <br />6)On April 25, 2017, the Air District released the Application Guidance for Bicycle Facilities Grant Program <br />for FYE 2017 (“Program Guidance”), which includes the Program Policies and sets forth additional <br />requirements for eligible bicycle facility projects. <br />7)On October 4, 2017, the Air District’s Board of Directors approved an award of TFCA Program funds to <br />the Project Sponsor to implement an eligible mobile source or transportation control project to improve air <br />quality in the San Francisco Bay Area Air Basin based on the Program Guidance and the information <br />provided in Project Sponsor’s application (“Project”). <br />8)The Project Sponsor affirms that the Project has not commenced, would not have otherwise commenced <br />without TFCA Program funding, and will result in surplus emission reductions. <br />9)The Parties desire to enter into this Agreement to implement the Project in accordance with the terms and <br />conditions of this Agreement, including all attachments thereto. <br />NOW, THEREFORE, pursuant to California Health and Safety Code Section 44241, the Parties hereby agree as <br />follows: <br />1543