Agmt10 Bay Area Air Quality Management District (BAAQMD)

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BAAQMD FY2009/2010 TFCA Funding Agreement 11) The Project Sponsor shall acknowledge the Air District as a Project funding source during the Project Useful Life. The Project Sponsor shall use, and require third parties who implement the Project to use, the Air District's approved logo for the Project, as specified below: A. The logo shall be used on signs posted at the site of any Project construction; B. The logo shall be displayed on any vehicles or equipment operated or obtained as part of the Project; C. The logo shall be used on any public information materials relating to the Project, such as websites and printed materials, including transit schedules, brochures, handbooks, maps, and other promotional materials; and D. The Project Sponsor shall demonstrate to the Air District through evidence such as photographs of vehicles and copies of press releases that Air District logos are used and displayed as required. 12) The Project Sponsor shall obtain and maintain throughout the Term of this Agreement the insurance coverage specified in Attachment D, "Insurance Requirements," and shall comply with all insurance requirements set forth therein, including the provision of documentation of said insurance coverage. Failure to obtain and maintain the insurance coverage and to comply with all insurance requirements shall be deemed a breach of this Agreement. 13) To the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (Government Code section 6250 et seq.), the Project Sponsor shall place in the public domain any software, written document, or other product developed with TFCA funds as part of the Project and shall require recipients of Project funds, if any, to do the same. 14) The Project Sponsor shall use TFCA Regional Funds Awarded only for the implementation of a project that results in surplus motor vehicle emission reductions within the Air District's jurisdiction. Surplus emission reductions are those that exceed the requirements of applicable regulations or other legal obligations (including contracts) as of the Effective Date of this Agreement. 15) The Project Sponsor shall comply with all Program requirements set forth in the Air District's "Board Adopted TFCA Regional Fund Policies for FY 2009/2010," which are incorporated therein as Appendix A, and made a part of the "Transportation Fund for Clean Air (TFCA) Fiscal Year 2009/2010 Regional Fund Grant Application and Guidance," dated November 2009, and which are incorporated herein and made a part hereof by this reference as if fully set forth herein. SECTION III AIR DISTRICT OBLIGATIONS 1) The Air District will provide eligible TFCA funds for this Project in an amount not to exceed the TFCA Regional Funds Awarded. 2) The Air District will endeavor to pay the undisputed amount of an approved invoice within thirty (30) calendar days of the Air District's receipt of such invoice. 3) The Air District will provide timely notice to the Project Sponsor prior to conducting an audit. TFCA Regional Fund Project 09R55 Page 4