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ACTIA Bike/ped Countywide Discretionary Fund Grant Agreement ACTIA #: A05-0033 Sponsor: East Bay Regional Park District 2) Project Sponsor will complete the Project in accordance with the budget described in Attachment A and the following conditions: A. The ACTIA funding obligation under this Agreement is limited to the "Total ACTIA Funds Awarded to Project" as specified in Attachment A. Any Project cost overruns are the sole responsibility of the Project Sponsor. B. In the event that the "Total Project Cost" is less than the amount listed on Attachment A, ACTIA may reduce the "Total ACTIA Funds Awarded to Project." Any reduction in ACTIA funding will maintain the percentage, listed on Attachment A, of "Total ACTIA Funds Awarded" to "Total Project Cost." C. Only those allowable Project costs incurred after the ACTIA Award Date, and up to the cornpletion or termination of the Project or the expiration of this Agreement, whichever occurs tirst, are eligible to receive ACTIA funds for reimbursement for expended Project costs. D. Project Sponsor will contribute or expend those "Project Sponsor Matching Funds," if any, as specified in Attachment A. In the event the specified "Project Sponsor Matching Funds" are to be contributed by a third party, either identified by the ACTIA Award Date or not yet identified, and the Project Sponsor does not receive all such funds, ACTIA reserves the right to terminate this Agreement in whole or in part, or renegotiate the terms and conditions. 3) Project Sponsor will submit invoices to ACTIA for reimbursement of eligible Project costs and expenses consistent with the budget and schedule contained in Attachments A and B, respectively, in a form acceptable to ACTIA. Invoices will include a summary sheet specifying the project number; time period for the invoice; itemized staff charges to the Project, if any; itemized payments to vendors, consultants, or contractors and total funds being requested for the invoice period. Each invoice will also include detailed supporting documentation which will include accounting summaries documenting hourly labor costs incurred in the implementation of the Project, copies of invoices from vendors, consultants, or contractors or an explanation of the goods or services provided for the Project. Project Sponsor may establish an altemative method, subject to approval in advance by ACTIA, to document staff costs charged to the Project. Project Sponsor must submit the tinal invoice for payment no later than ninety (90) days after the submission of the Final Report as required by Attachment C. 4) Project Sponsor will submit all reports set forth in Attachment C to ACTIA by the specified due dates. A. Progress Reports must be submitted every six months. These reports shall describe the current status of the Project, actions taken and eligible costs expended or incurred during the reporting period, actions expected to be taken during the next reporting period, an updated schedule with estimated completion date, scope changes, project- related issues, any unexpected legal, environmental, engineering or construction difficulties, notices of potential claims, and any additional relevant information requested by ACTIA. The Project Progress Report in Attachment C: Exhibit A shall F:\Adl1linistrativc\ACTlA\Agrecmcnt~\Agreements\Bike & Pcdcstrian\Cyclc 2_BP _grants\A05_0033_Agrecmcnt__Alamo Canal Trail Undercrossing_.EBRPD.doc Page 2 of 15 --