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

Home

DocuSign Envelope ID: E22C8FEA-1CBF-4AC8-B97F-228503A7F74B BAAQMD FYE 2020 TFCA Funding Agreement SECTION II PROJECT SPONSOR OBLIGATIONS 1) The Project Sponsor hereby agrees to implement the Project, which is described in "Project Information" (Attachment A), in accordance with the costs, terms, and conditions in the "Project Budget and Payment Process" (Attachment B), and all applicable provisions of federal, state, and local law and regulations. Failure to implement the Project in accordance with the terms and conditions set forth in this Agreement and all attachments thereto shall be deemed a breach of this Agreement and may result in the Air District's enforcement of the Agreement, termination of the Agreement, a reduction in the amount of the Project's TFCA Funds Awarded that are specified in Attachment B, a required reimbursement from the Project Sponsor to the Air District of TFCA Funds already awarded, or other remedies sought by the Air District at its sole discretion. 2) The Project Sponsor shall be responsible for all Project costs necessary to complete the Project prior to submission of the Final Invoice to the Air District for reimbursement. Air District's funding obligation under this Agreement is limited to reimbursement of Eligible Costs, as specified in Attachment B, the amount of which shall not exceed the TFCA Funds Awarded, also as specified in Attachment B. The Project Sponsor shall be solely responsible for all costs that exceed the TFCA Funds Awarded. 3) The Project Sponsor is responsible for assuring that all funds received under this Agreement and Matching Funds are expended only in accordance with the requirements of the TFCA Program, this Agreement, and all applicable provisions of law and regulations. 4) The Project Sponsor shall allow the Air District and its authorized representatives to conduct performance and fiscal audits of the Project at any time during the Term of this Agreement. The Project Sponsor shall cooperate with such audits and shall make available to the Air District all records relating to Project performance and expenses incurred in the implementation of the Project. The Project Sponsor shall allow the Air District or its authorized representatives to inspect the Project at any time during the Project Operational Period. The Project Sponsor shall cooperate with such inspections. 5) The Project Sponsor shall prepare and maintain all necessary Project Records to document Project activities and performance, including invoicing documentation set forth in Section 5 of Attachment B, documentation to support the Project reporting requirements set forth in Attachment C, and insurance documentation set forth in Attachment D (all of which comprise "Project Records"). Project Records shall also include documentation that verifies compliance with the requirements set forth in Section 11.8. The Project Sponsor shall keep Project Records in one central location for a period of three (3) years after the later of a) the date of the Air District's final payment, or b) the end of the Project Operational Period. 6) The Project Sponsor shall submit the reports specified in Attachment C to the Air District by the due dates specified in Attachment C. These reports are public documents. At its discretion, the Air District may accept and process a late -submitted report, without thereby waiving or amending the submission deadline of any or all subsequent reports. 7) The Project Sponsor shall implement and operate the Project for the duration of the Project Operational Period. The Project Sponsor may not make any changes to the operational status of the Project without the prior approval of the Air District. Failure to obtain prior approval is a breach of this Agreement. For purposes of this Agreement, a "change to the operational status" occurs whenever any portion of the Project is removed from active service other than for routine maintenance, relocated to a different location than what is specified in this Agreement (Attachment A), rendered inoperable, sold, or transferred to another entity, before full completion of the Project Operational Period. If the Project Sponsor intends to make a change to the Project's operational status, the Project Sponsor must seek a modification of this Agreement in advance to allow for a change pursuant to Section IV.3. 8) The Project Sponsor shall acknowledge, and require any third party that implements any portion of the Project ("Sub-awardee") to also acknowledge, the Air District as a Project funding source at all times throughout the Project Operational Period as specified in Attachment A. The Project Sponsor shall use, and TFCA Project 20R15 Page 2