CONGESTION MANAGEMENT AGENCY PVEA

ALAMEDA COUNTY CONGESTION MANAGEMENT AGENCY PVEA FUND TRANSFER AGREEMENT This agreement is made on OCTOBER 4,1994 , between the Alameda County Congestion Management Agency (hereinafter CMA), and the CITY OF PLEASANTON (hereinafter SPONSOR). Section 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the terms and conditions for the advancement of funds made avallabl~ from the Petroleum Violation Escrow Account (PVEA) for fiscal year 1992-93 As program manager in Alameda County, the CMA will annually program 100% of the PVEA funds available to Alameda County. The CMA will receive payment from Caltrans which will be advanced to project sponsors, pursuant to this agreement. Section 2. DESCRIPTION OF PROJECT The CMA Board has! approved the list of projects to be recipients of PVEA grant money. The Board has proposed $ 15,0 0 0 to be allocated to the PARKING CASH-OUT DEMONSTRATIO~ PROJECT project. Section 3. ADVANCEMENT OF FUNDS According to the terms of the CMA's contract with the' State of California Department of Transportation, District 04, progress payments will be made based on receipt of invoice by the CMA indicating work performed and actual costs incurred. Ten (10) per cent of each progress payment will be withheld until comPletion of the contract..Upon receipt of quarterly invoice, the CMA will bill Galtrans and reimburse project SPONSOR upon receipt of those funds. Section 4. DOCUMENTATION OF EXPENDITURES SPONSOR will submit a report to the CMA by the end of each fiscal year (June 30) which itemizes the expenditures of funds. SPONSOR will, for the duration of the project, and for three (3) years froml the date of finafpayment, make available to the State, the State Auditor General, FHWA or any duly authorized representative of the Federal Government any books, records, and documents of the SPONSOR that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested (Government Code Section 10532). section 5. INDEMNIFICATION SPONSOR agrees tO indemnify and hold harmless the CMA, their officers and employees, for any and all liability Caused by the negligence or wrongful act of SPONSOR arising out of the performance of this Agreement, and to pay all claims, damages, judgments, legal costs and attorney's fees related thereto. It is also understood and agreed that, pursuant to Government Code Section 895.4i SPONSOR shall fully indemnify and hold the CMA harmless from any liabilty imposed for !injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by SPONSOR under this Agreement or in connection with any work, authority or jurisdiction delegated to SPONSOR under this Agreement.