Agmt13 BAAQMD Bay Area Air Quality Management District Mid Point Cal Train Shuttle

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BAAQMD FYE 2013 TFCA Funding Agreement ' SECTION II PROJECT SPONSOR OBLIGATIONS ' 1) The Project Sponsor hereby agrees to implement the Project, as described more fully in Attachment A, "Project Specific Information," and in Attachment B, "Project Description." Failure to implement the Project in accordance with the terms and conditions set forth in this Agreement and all attachments thereto shall be deemed a breach of this Agreement and may result in termination of the Ageement or a reduction of the award. 2) The Project Sponsor shall complete the Project within the Total Project Cost. Allowable Project costs are listed in the Matching Funds and TFCA Line Item Project Budgets set forth in the "Project Specific Information," Attachment A. Only those allowable Project costs incurred during the Term of this Agreement are eligible to receive TFCA Regional Funds. No costs incurred following the end of the Term of this Agreement or, if this Agreement is terminated, after the effective date of the termination of this Agreement, are eligible to receive TFCA Regional Funds. Any Project cost overruns are the sole responsibility of the Project Sponsor. 3) The Air District's funding obligation under this Agreement is limited to the TFCA Regional Funds Awarded. The Project Sponsor shall contribute or expend the total amount of Matching Funds prior to submission of the Final Invoice. If the actual total cost of the Project listed in the Final Report submitted and approved by the Air District is less than the Total Project Cost, the Air District reserves the right to reduce the amount of TFCA Regional Funds Awarded at its sole discretion. The Project Sponsor is responsible for assuring that use of the Matching Funds does not conflict with any federal, state or local requirements for their use. 4) If TFCA Administrative Costs are included in the TFCA Line Item Project Budget, Project Sponsor shall not use more then five (5) percent of the TFCA Regional Funds Awarded for allowable costs incurred in the administration of the Project. In the event that the actual Project cost is less than the Total Project Cost, the amount of allowable TFCA Administrative Costs shall be reduced so as not to exceed five (5) percent of the TFCA Funds Awarded. Allowable project administrative costs are listed in Appendix B of the "Transportation Fund for Clean Air (TFCA) Regional Fund Guidance, Policies and Evaluation Criteria For Fiscal Year Ending(FYE) 2013." 5) The Project Sponsor shall submit requests for reimbursement of eligible Project costs consistent with the TFCA Regional Funds Awarded, Invoice and Payment Schedule, and Project Schedule. Each request shall include the Air District's General Invoice Form specifying the Project number, an itemized list of all costs incurred, and the total funds being requested. Each request shall also include supporting documentation such as copies of invoices from vendors, consultants, or contractors with an explanation of the goods or services provided for the Project and copies of time sheets documenting hourly labor costs incurred. The Air District may withhold funds pending receipt of any report. The Air District will retain fifteen percent (15%) of the TFCA Regional Funds Awarded against each invoice paid until the Final Report is received and approved by the Air District. The 15% may be requested by a Project Sponsor in the Final Invoice. If invoices include TFCA Administrative Costs, the Project Sponsor must also provide supporting documentation of the costs incurred. Such documentation shall include the dates such costs were incurred, the job titles and hourly pay rates of employees performing eligible project administrative tasks, tasks performed by those employees, the number of hours spent performing such tasks, and the total charges. TFCA Regional Fund Project 12R07 Page 2