Agmt 2006 Bay Area Air Quality Management District BAAQMD

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FUNDING AGREEMENT BETWEEN THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT AND CITY OF SAN LEANDRO PROJECT NUMBER 05R60 This Agreement is made and entered into between the 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." SECTION I RECITALS: 1) Air District is authorized to administer the Transportation Fund for Clean Air (TFCA) pursuant to California Health and Safety Code Sections 44223 and 44225, which allows the Air District to levy a fee on motor vehicles registered within its jurisdiction and to use the funds generated to implement projects and programs to reduce air pollution from motor vehicles. 2) California Health and Safety Code Section 44241 requires that TFCA funds be allocated to public agencies within the Air District's jurisdiction and that TFCA funds be used only for specified eligible transportation control measures and mobile source measures included in the latest version of any plans adopted in accordance with California Health and Safety Code Sections 40233, 40717, and 40919 for the California and federal ambient air quality standards. 3) Air District and Project Sponsor, a public agency in Air District's jurisdiction, desire to enter into this Funding Agreement (Agreement) to implement an eligible transportation control or mobile source measure (Project) to improve air quality in the San Francisco Bay Area Air Basin. NOW, THEREFORE, the parties agree as follows: SECTION II PROJECT SPONSOR OBLIGATIONS: 1) Project Sponsor will implement the Project in accordance with this Agreement and Attachment A, Project Specific Information; Attachment B, Project Description; and Attachment C, Monitoring of Project Performance, which are hereby incorporated into this Agreement. 2) Project Sponsor will complete the Project in accordance with the budget described in Attachment A and the following conditions: A. The Air District's funding obligation under this Agreement is limited to the "Total TFCA Regional Funds Awarded" as specified in Attachment A. Any Project cost overruns are the sole responsibility ofthe Project Sponsor. B. In the event that the "Total Project Cost" is less than the amount listed on Attachment A, the Air District may reduce the "Total TFCA Regional Funds Awarded" to the Project. Any reduction in TFCA funding will maintain the percentage, listed on Attachment A, of "Total TFCA Regional Funds Awarded" to "Total Project Cost". C. Only those allowable Project costs incurred after the "Air District Approval Date" as specified in Attachment A, and up to the completion or termination of the Project, whichever occurs first, are eligible to receive TFCA funds. TFCA Regional Fund Project 05R60 Page 1