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Alameda CTC Agreement No. A21-00XX <br />Project No. XXXX <br /> <br />Page 4 of 16 <br />4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS <br />as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement. <br /> <br />5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under <br />this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all <br />funds that are not expended in accordance with all applicable provisions of law. <br /> <br />6. PROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations <br />shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not <br />be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing <br />or the parties execute a separate agreement for a subsequent phase of the PROJECT. <br /> <br />7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, funds realized from <br />the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) <br />is completed prior to the last day of the last year listed as the PROJECT’S “Years of Effectiveness” as <br />identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean <br />Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to <br />ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally <br />used to purchase the vehicle(s). <br /> <br />8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be <br />eligible for reimbursement of staff costs from ALAMEDA CTC ADMINISTERED FUNDS allocated to the <br />PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. <br />PROJECT SPONSOR staff costs can be included in the total cost and other funding amounts for the purpose of <br />meeting the cost and risk sharing provisions of this AGREEMENT. <br /> <br />9. Fringe benefits rates applied to PROJECT SPONSOR staff costs shall not exceed a maximum <br />rate of 70% of the hourly wage. PROJECT SPONSOR staff costs may include the individual’s actual hourly <br />wage plus a fringe benefit of no more than 70% of the hourly wage as approved by a cognizant agency or an <br />independent auditor, and staff costs also may include direct costs including contracts for services, such as <br />legal counsel, that are considered an extension of the PROJECT SPONSOR’S staff. <br /> <br />10. PROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from <br />ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total <br />eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of <br />such total eligible PROJECT costs. <br /> <br />11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or third- <br />party contractors during any temporary suspension of activities associated with the PROJECT will not be <br />considered an eligible cost for reimbursement by ALAMEDA CTC. <br /> <br />12. PROJECT SPONSOR shall advertise, award and administer all professional services contracts for <br />PROJECT work not performed by PROJECT SPONSOR. <br /> <br /> <br />151