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Alameda CTC Agreement No. A21-00XX <br />Project No. XXXX <br /> <br />Page 9 of 16 <br />2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative <br />Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total <br />ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope <br />of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT <br />SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A: <br />Project Control Information which reflects the requested changes by the PROJECT SPONSOR. <br /> <br />3. For the purposes of this AGREEMENT, (i) a “Contract” shall mean and refer to a third party <br />agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another <br />public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs related <br />to staff dedicated directly to management, oversight, or development work on the project and may include <br />direct costs including contracts for services, such as legal counsel, that are considered an extension of <br />PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer <br />to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration <br />Date” shall mean and refer to the expiration date of this AGREEMENT. <br /> <br />4. Funds expended for work directly related to the phases of the PROJECT covered by this <br />AGREEMENT prior to the applicable allowable start date identified in Appendix B: Alameda CTC <br />Administered Funds Obligated by this Agreement will not be considered for reimbursement pursuant to this <br />AGREEMENT. In all cases, reimbursable costs will be limited to those costs shown in Appendix A: Project <br />Control Information. <br /> <br />5. 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 />6. 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 />7. 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 />8. 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 G: <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 <br />will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are <br />eligible under the applicable BAAQMD TFCA Policies. <br /> <br />9. The laws of the State of California shall govern this AGREEMENT. <br /> <br />156