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COOPERATIVE AGREEMENT NO. C-7-1855 <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 />4 WHEREAS, on August 8, 2016, AUTHORITY's Board of Directors (BOARD), approved funding <br />5 of up to One Hundred Thousand dollars ($100,000) in CMAQ funds to be matched with Thirteen <br />6 Thousand, Six Hundred Forty dollars ($13,640) in CITY funds for the final design phase of PROJECT <br />7 and Six Hundred Thirty-Five Thousand, Seven Hundred Three dollars ($635,703) in CMAQ funds to <br />s be matched with Eighty-Six Thousand, Six Hundred Eighty-Six dollars ($86,686) in CITY funds for the <br />9 construction phase of PROJECT; and <br />10 WHEREAS, AUTHORITY and CITY agree that the total funding for the final design and <br />1.1 construction of PROJECT shall be Eight Hundred Thirty-Six Thousand, Twenty Nine dollars <br />12 ($836,029) or amount in accordance with Exhibit A, entitled "Bicycle Corridor Improvement Program <br />13 Funding Plan", which is attached herein and incorporated by reference; and <br />14 WHEREAS, AUTHORITY and CITY agree that CMAQ funding for PROJECT is contingent <br />15 upon funding being available through FAST Act and PROJECT maintaining its eligibility for this <br />16 funding; and <br />17 WHEREAS, AUTHORITY and CITY agree that Caltrans and FHWA authorization is required <br />1s following AUTHORITY's amendment to the Federal Transportation Improvement Program ffTIP"), <br />19 and in order to proceed or commence each phase of PROJECT for performance under this <br />20 Cooperative Agreement; and <br />21 WHEREAS, AUTHORITY is responsible for programming the funds to specific projects within <br />22 Orange County; and Caltrans administers the CMAQ program on behalf of the FHWA and is <br />23 responsible for acquiring federal approvals for PROJECT on behalf of CITY, determining federal <br />24 eligibility, compliance with federal requirements, and reimbursement for PROJECT activities; and <br />25 WHEREAS, this Cooperative Agreement defines the specific terms and conditions and funding <br />26 responsibilities between the PARTIES for completion of PROJECT; and <br />Page 2 of 11 <br />L:\CamrnkCLERICAL\WORDPROC\AGREE\AG71859.docx <br />