TRANSP FUND FOR CLEAN AIR - FY 2001/02

Page 2 FY 01/02 TFCA Agreement Project No. 01ALA09 City of Pleasanton Section 4. DOCUMENTATION OF EXPENDITURES Sponsor will submit a report to the CMA within two (2) months of the end of each fiscal year which itemizes 1) the expenditure of funds on the Project, 2) progress to date in the implementation oi' the Project and any other projects funded by TFCA funds, and 2) the results of the monitoring of the performance of the Project as specified in Section 5. Sponsor is required to maintain employee time sheets documenting hourly labor costs incurred in the implementation of the project described in Section 2 or establish an alternative method to document staffcosts charged to the funded project. Sponsor will, for the duration of the Project and for three (3) years following completion of the Project, make available to BAAQMD or to an independent auditor all records relating to project performance and expenses incurred in implementing the Project. Sponsor agrees to use the BAAQMD's approved logo for TFCA on 1) signs posted at the site of any construction associated with the Project, 2) any vehicles used or obtained as part of the Project, and 3) any printed material, such as project related transit schedules, brochures, handbooks, maps created for public distribution and promotional material associated with the Project. Sponsor agrees to credit the BAAQMD as a funding source for the Project in any related articles, news releases or other publicity materials. Section 5. MONITORING REQUIREMENTS Project No. 01-ALA-09: Complete and submit Project Monitoring Form 1, which is attached for your convenience. Section 6. INDEMNIFICATION Sponsor shall indemnify, protect, defend and hold harmless CMA, its officers, employees, agents, representatives, and successors-in-interest against any and all claims, suits or actions resulting from the negligent or reckless performance by Sponsor of its duties under the Agreement. CMA shall indemnify, protect, defend and hold harmless Sponsor, its officers, employees, agents, representatives, and successors-in-interest against any and all claims, suits or actions resulting from the negligent or reckless performance by CMA of its duties under this Agreement. Section 7. NONDISCRIMINATION During the performance of services under this Agreement, Sponsor and its Consultants shall not discriminate against any persons or group of persons on the grounds of race, religious creed, color, national origin, age, ancestry, physical disability, medical condition, marital status, sex, sexual orientation, Vietnam Era Veteran's status, political affiliation or any other non-merit factor. Sponsor will comply with all applicable provisions of Executive Order 11246 as amended by Executive Order 11375 and as supplemented by Department of Labor regulations. Sponsor shall take affirmative actions to ensure that applicants are employed, and that employees are