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COOPERATIVE AGREEMENT NO. C-7-1861 <br />1 WHEREAS, CITY is an eligible sub-recipient of federal funding under the CMAQ program, and <br />2 PROJECT is eligible for CMAQ funding contingent on California Department of Transportation <br />3 ("Caltrans") and the Federal Highway Administration ("FHWA") approval; and <br />a WHEREAS, on August 8, 2016, AUTHORITY's Board of Directors (BOARD), approved <br />5 providing funding of up to One Hundred Sixty-Two Thousand, Eight Hundred dollars ($162,800) in <br />6 CMAQ funds to be matched with Twenty-Two Thousand, Two Hundred dollars ($22,200) in CITY <br />7 funds for the final design phase of PROJECT and Nine Hundred Thirty-Seven Thousand, Two <br />8 Hundred dollars ($937,200) in CMAQ funds to be matched with One Hundred Twenty-Seven <br />9 Thousand, Eight Hundred dollars ($127,800) in CITY funds for the construction phase of PROJECT; <br />10 and <br />11 WHEREAS, AUTHORITY and CITY agree that the total funding for PROJECT including final <br />12 design and construction of PROJECT shall be One Million, Two Hundred Fifty Thousand dollars <br />13 ($1,250,000); or amount in accordance with Exhibit A, entitled "Bicycle Corridor Improvement Program <br />14 Funding Plan", which is attached herein and incorporated by reference; and <br />15 WHEREAS, AUTHORITY and CITY agree that CMAQ funding for PROJECT is contingent <br />16 upon funding being available through FAST Act and PROJECT maintaining its eligibility for this <br />17 funding; and <br />18 WHEREAS, AUTHORITY and CITY agree that Caltrans and FHWA authorization is required <br />19 following AUTHORITY's amendment to the Federal Transportation Improvement Program ("FTIP"), <br />20 and in order to proceed or commence each phase of PROJECT for performance under this <br />21 Cooperative Agreement; and <br />22 WHEREAS, AUTHORITY is responsible for programming the funds to specific projects within <br />23 Orange County; and Caltrans administers the CMAQ program an behalf of the FHWA and is <br />24 responsible for acquiring federal approvals for PROJECT on behalf of CITY, determining federal <br />25 eligibility, compliance with federal requirements, and reimbursement for PROJECT activities; and <br />26 WHEREAS, this Cooperative Agreement defines the specific terms and conditions and funding <br />Page 2 of 11 <br />L\Camm\CLERICAL\WORDPROC\AGREEAG71861.docx <br />