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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />s <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />COOPERATIVE AGREEMENT NO. C-7.1862 <br />WHEREAS, CITY is an eligible sub -recipient of federal funding under the CMAQ program, and <br />PROJECT is eligible for CMAQ funding contingent on California Department of Transportation <br />("Caltrans") and the Federal Highway Administration ("FHWA") approval; and <br />WHEREAS, on August 8, 2016, AUTHORITY's Board of Directors (BOARD), approved funding <br />of up to One Hundred Thousand dollars ($100,000) in CMAQ funds to be matched with Thirteen <br />Thousand, Six Hundred Forty dollars ($13,640) in CITY funds for the final design phase of PROJECT <br />and Nine Hundred Thirty -Five Thousand, Two Hundred Forty -Two dollars ($935,242) in CMAQ funds <br />to be matched with One Hundred Twenty -Seven Thousand, Five Hundred Thirty -Three dollars <br />($127,533) in CITY funds for the construction phase of PROJECT; and <br />WHEREAS, AUTHORITY and CITY agree that the total funding for PROJECT including final <br />design and construction shall be One Million, One Hundred Seventy -Six Thousand, Four Hundred <br />Fifteen dollars ($1,176,415), or amount in accordance with Exhibit A, entitled "Bicycle Corridor <br />Improvement Program Funding Plan", which is attached herein and incorporated by reference; and <br />WHEREAS, AUTHORITY and CITY agree that CMAQ funding for PROJECT is contingent <br />upon funding being. available through FAST Act and PROJECT maintaining its eligibility for this <br />funding; and <br />WHEREAS, AUTHORITY and CITY agree that Caltrans and FHWA authorization is required <br />following AUTHORITY's amendment to the Federal Transportation Improvement Program ("FTIP"), <br />and in order to proceed or commence each phase of PROJECT for performance under this <br />Cooperative Agreement; and <br />WHEREAS, AUTHORITY is responsible for programming the funds to specific projects within <br />Orange County; and Caltrans administers the CMAQ program on behalf of the FHWA and is <br />responsible for acquiring federal approvals for PROJECT on behalf of CITY, determining federal <br />eligibility, compliance with federal requirements, and reimbursement for PROJECT activities; and <br />WHEREAS, this Cooperative Agreement defines the specific terms and conditions and funding <br />responsibilities between the PARTIES for completion of PROJECT; and <br />Page 2 of 11 <br />