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

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BAAQMD FYE 2013 TFCA Funding Agreement ' insurance coverage. Failure to obtain and maintain the insurance coverage and to comply with all insurance requirements is 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 solely for permitted purposes under 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 and Evaluation Criteria for FYE 2013," which are incorporated therein as Appendix A, and made a part of the "Transportation Fund for Clean Air (TFCA) Regional Fund Guidance, Policies and Evaluation Criteria For Fiscal Year Ending (FYE) 2013," dated October 2012, 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 date of Air District's receipt of such invoice. 3) The Air District will provide timely notice to the Project Sponsor prior to conducting an audit. 4) The Air District will provide the Project Sponsor a copy of the fiscal and performance audits of the Project as specified in California Health and Safety Code Section 44242. 5) The Air District will provide the Project Sponsor all Air District-approved Regional Fund reporting and invoice forms. 6) The Air District will make its logo available to Project Sponsor solely for use to fulfill the Project Sponsor's obligation under Section II.11 of this Agreement. SECTION IV GENERAL PROVISIONS 1) Effective Date: The effective date of this Agreement is the date the Air District Executive Officer/Air Pollution Control Officer executes this Agreement (the`Bffective Date"). 2) Term: The term of this Agreement shall be from January 1, 2013 until the end of three (3) years from the latter of either 1) the date of the Air District's payment after acceptance of the Final Report, or 2) the last day of the Project Useful Life, unless this Agreement is terminated or amended as provided below, or the Term is extended pursuant to Special Conditions, Attachment A. 3) Amendment: This Agreement may not be modified except in writing, signed by both Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect. Any change in Project scope shall constitute an Amendment under this Agreement. TFCA Regional Fund Project 12R07 Page 4