Agmt 2011 Association of Bay Area Governments ABAG

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• ASSOCIATION OF BAY AREA GOVERNMENTS Agreement for Local Agency Participation in Grant - Funded • Bay Area -wide Trash Capture Demonstration Project This agreement is made and entered into effective 1 5 , 20 by and between the Association of Bay Area Governments (ABAG), a public entity formed under the California John Exercise of Powers Act, Govemment Code Sections 6500, et seq. and the City of San Leandro (San Leandro), a City. Recitals A. ABAG and the California State Water Resources Control Board (State Water Board) have entered into Project Finance Agreement No. 09- 823 -550 (PFA) in the amount of $5,000,000 (five million dollars) for Clean Water State Revolving Fund Project No. C-06-6441-110, the Bay Area -wide Trash Capture Demonstration Project (Project). Funding is provided by the federal American Recovery and Reinvestment Act of 2009 (ARRA). The PFA and amendments are located at hup://www.bavareatrashtracker.orn/content/contract-resources B. The Project is comprised of the following elements: acquisition of trash capture devices (TCDs), provision and /or installation of TCDs in existing storm drainage infrastructure, maintenance of installed TCDs and monitoring of installed TCDs. C. San Leandro is one of many local goyemment entities that are eligible to participate in the Project (collectively, "Potential Participants ") by facilitating installation of the TCDs in its existing storm drainage infrastructure and by maintaining and monitoring installed TCDs, as set forth in the attached Exhibit A, Scope of Work, which is incorporated herein by this reference. D. ABAG issued Requests for Proposals for small capacity trash capture devices (small TCDs) and for high flow capacity trash capture devices (large TCDs) (collectively. "TCDs ") and assembled a panel of vendors for devices in both categories that can meet minimum trash capture permit requirements when properly installed and maintained. E. ABAG has contracted with each vendor on the panel to furnish, and if requested, install small TCDs selected by Participating Entities [as defined in section 2(a)); and to provide large TCDs; and for ABAG to pay the cost thereof. • F. ABAG has made an initial determination that each Potential Participant will have access to a portion of the funds available under the PFA (PFA Funds) for the acquisition and installation of TCDs, all as shown in Exhibit A -1. • ABAG and San Leandro mutually agree as follows: 1. Initial Allocation and Current Balances. San Leandro has access to 599,893 (ninety-nine thousand, eight hundred and ninety-three dollars) in PFA Funds to acquire and install TCDs. PFA Funds may only be used to fund or defray the costs of acquiring and/or installing TCDs from the panel of vendors listed in Exhibit A -2 (see section 3). ABAG will calculate the amount of PFA Funds to which San Leandro has access on any given day by reducing the initial allocation by the amount encumbered by TCDs on order (see section 3) and amounts paid for accepted TCDs. This information will be posted at http:/ Jwww. bavareatrashtracker .org/content/contract- resources and will be adjusted on an as- needed basis. 2. Reallocations. (a) San Leandro acknowledges that the success of the Project depends on maximum use of the PFA Funds and that greater use may be achieved by reallocating access to PFA Funds among the Potential Participants that have executed an "Agreement for Local Agency Participation Grant Funded SF Bay Area Trash Capture Demonstration Project' by January I, 2011 (Participating Entities). All reallocations will be reflected in the current balance (see section 1). 1