Reso 2020-123 Clean Air Grant Funding with BAAQMD Class IV Bike Lanes

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DocuSign Envelope ID: E22C8FEA-1CBF-4AC8-B97F-228503A7F74B BAAQMD FYE 2020 TFCA Funding Agreement TRANSPORTATION FUND FOR CLEAN AIR FUNDING AGREEMENT BETWEEN THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT AND CITY OF SAN LEANDRO PROJECT NUMBER: 20R15 This funding agreement ("Agreement") is made and entered into between City of San Leandro, hereinafter referred to as "Project Sponsor," and the Bay Area Air Quality Management District, hereinafter referred to as the "Air District" (and hereinafter referred to jointly as the "Parties"). SECTION I RECITALS 1) California Health and Safety Code Sections 44223 and 44225 authorize the Air District to levy a fee on motor vehicles registered within its jurisdiction and to use those fees to implement mobile source and transportation control projects that result in surplus emission reductions. 2) The Air District has established a grant fund, entitled the Transportation Fund for Clean Air ("TFCA") to implement such projects. Under the TFCA's Regional Fund Program, the Air District may issue TFCA funds to public agencies and, for certain vehicle -based projects, to other entities for projects within the Air District's jurisdiction ("TFCA Program"). 3) California Health and Safety Code Section 44241 lists the permissible types of projects, all of which must conform to the transportation control measures and mobile source measures that are included in the Air District's air quality plan(s) adopted pursuant to California Health and Safety Code Sections 40233, 40717, and 40919 and are in effect as of the date of execution of this Agreement. 4) On May 1, 2019, the Air District's Board of Directors approved funding allocations for the TFCA Program for Fiscal Year Ending (FYE) 2020, under California Health and Safety Code Section 44241, and authorized the Executive Officer/Air Pollution Control Officer (APCO) to execute Grant Agreements for eligible projects funded by the TFCA Program, with individual grant awards up to $100,000. 5) On June 5, 2019, the Air District's Board of Directors approved the FYE 2020 TFCA Regional Fund Program Policies (`Program Policies'), which sets forth requirements for projects that are eligible for funding through the TFCA Program. 6) On August 6, 2019, the Air District released the Application Guidance for Vehicle Trip Reduction Program for FYE 2020, dated November 2019 ("Program Guidance"), which includes the Program Policies and sets forth additional requirements for eligible trip reduction projects. 7) On January 29, 2020, the Air District's Board of Directors approved an award of TFCA Program funds to the Project Sponsor to implement an eligible mobile source or transportation control project to improve air quality in the San Francisco Bay Area Air Basin based on the Program Guidance and the information provided in Project Sponsor's application ("Project"). 8) The Project Sponsor affirms that the Project has not commenced, would not have otherwise commenced without TFCA Program funding, and will result in surplus emission reductions. 9) The Parties desire to enter into this Agreement to implement the Project in accordance with the terms and conditions of this Agreement, including all attachments thereto. NOW, THEREFORE, pursuant to California Health and Safety Code Section 44241, the Parties hereby agree as follows: TFCA Project 20R15 Page 1