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Home My WebLink AboutCC RESO 2015-25RESOLUTION NO. 2015 — 25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICAI ION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE NATIONAL CITY BICYCLE PARKING ENHANCEMENTS PROJECT, ACCEPTING THE TERMS OF THE GRANT AGREEMENT WHEREAS, $3 !Million ($3,000,000) of TransNet funding for capital and non - capital Active Transportation Grant Program projects is avaiiabie to local jurisdictions and the County of San Diego from Fiscal Years 2014-2016; and WHEREAS, the City of National City wishes to receive $50,000 in Active Transportation Grant Program funds for the National City Bicycle Parking Enhancements Project ("Project"); and WHEREAS, the City of National City understands that the Active Transportation Grant Program funding is fixed at the programmed amount, and therefore Project cost increases that exceed the grant awarded will be the sole responsibility of the City; and WHEREAS, the City of ivationai City agrees to complete the proposed Project within a timely matter and in compliance with SANDAG Board Policy No. 035. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes staff to submit an application to SANDAG for the TransNet Active Transportation Grant Program funding in the amount of $50,000 for the National City Bicycle Parking Enhancements Project. BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the National City Bicycle Parking Enhancements Project, then the City of National City commits to providing $10,000, authorizes staff to accept the grant funds, authorizes the Mayor to execute the grant agreement on substantially similar terms as attached, and complete the Project. BE IT FURTHER RESOLVED that the City Council of the City of National City gees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of National City's TransNet funded projects. PASSED and ADOPTED this 17th day of March, 15. ATTEST: iviic aei R. Dada, C" Clerk Ron Morrison, Mayor PPROVED AS TO FOR I1Ott MA •!a Gapitu- Silva City Attorney. Passed and adopted by the Council of the City of National City, California, on March 17, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California eAti City erk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-25 of the City of National City, California, passed and adopted by the Councii of said City on March 17, 2015. City Clesk of the City of National City, California By: Deputy GRANT AGREEMENT TEMPLATE - FOR INFORMATION ONLY [SELECT APPLICABLE PROGRAM: TransNet SMART GROWTH INCENTIVE GRANT PROGRAM OR TransNet ACTIVE TRANSPORTATION GRANT PROGRAM] THIRD FUNDING CYCLE GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCY/JURISDICTION NAME] REGARDING [INSERT FULL PROJECT TITLE] THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agreement) i5 made this [Day] day of [Month], 2015, by and between the San Diego Association oftlivernittents, 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAG1. nd'the [Grai4ecipient and Address], hereinafter referred to as Grantee. This agreement expires on [Month] [Da'j;_[Year]. Note to Grant Recipient: This Agreement Template ;covers provisions ft:1;1410h the SGIP and ATGR Prior to contract execution, the GrantGrantAgreempilt be tailored reflect the applicable grant program. • Note to SANDAG Contracts Staff: Prot to internal routing, references to SGIP and ATGP should be updated as applicable. _, :_ The following recitals are a substantive par 4 of this Agreement:-. Note to SANDAG Contracts Staff: Select eriGIP Recitals or ATGP Recitals. Smart Growth Incer Live Program (SGIP) Recjtais (A - J): A. The SANDAG Board of Dire&or5.adlocates finds under the TransNet local sales tax program to support local transportation�relat4nfrastrudtore projects in the San Diego region through a compe cave pirocess. B. `fhe TransNet Ex iwsiprt Ordinance contains provisions to fund the Smart Growth incentive Prcgr:arn (SGIP), vulil, a f=,r,rrir,gilegan on April 1, 2008. The SGIP encompasses projects that biter integrate transportation and land use and recognizes the comprehensive effort to integrate smart growth place making, access to transit, and environmental justice. C. In Janua y2010, th SANDAG Board of Directors approved Board Policy No. 035 - Competitive Grant Program Prbtedkires (Board Policy No. 035), which is included as Attachment B. This Grant Award, Ayreernent and the Grantee's performance thereunder are subject to Board Policy i o. s5, which includes multiple use it or lose it" provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number]. E. On December 19, 2014, SANDAG issued a Cali for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the TransNet SGIP funds for use on capital improvement and planning projects meeting certain criteria. 12 F. Grantee successfully applied for TransNet SGIP funding for the [Insert Project Name], as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal' SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO 1D required to complete Recital G, below. G. Grantee's Project is funded with [insert dollar amount] in TransNet SGiP funds and the TransNet MPO lD for the Project is [insert ID number]. H. The purpose of this Agreement is to establish the terms and.tonditions for SANDAL to provide Grantee with funding to implement the Project./ `rF \ I. Although SANDAG will be providing financial assista ..ceto Grantee to support the Project, SANDAG will not take an active role or retain substantial control of t1ile Project. Therefore, ti this Agreement is characterized as a funding agreement rather than a cberative agreement. J. Grantee understands that TransNet funds derive frim‘retait transactions and use tax revenues which fluctuate. SANDAG's fundingcommitment to SG1P Projects, including this Project, is subject to these fluctuations, whiff inaOmpact funding,avaiiability for this Project. Active Transportation Grant Program'ATGP)`iRls (A — L) -. A. The SANDAG Board of Directors allocates' funds:t lertf a TransNet local sales tax program and the TransportaUi n iievelopmentAtst(TDA)'];ti supportlocal bicycle and pedestrian transportation p,rbjectsinthe San Diego *gio through a competitive process. B. The TransNet Ektprtsion Ordinance contains provisions to fund the Bicycle, Pedestrian, and Neighborhood Safe Program{BPNSP), which funding began on July 1, 2008. The BPNSP encompasses bicycle and pedestrian-trai-projects and recognizes the comprehensive effort toiilttegrateSmart grovwt place making'access to transit and environmental justice. C. Article 3 of the Tri,A, provides-f4inding for Bicycle and Pedestrian Facilities and Programs. D. Tether the TransNetBPNSP and TDA Article 3 funding are cornmonly referred to as the SA G Active Trans ortation Grant Program (ATGP). In Janua 2011A, thOANDAG Board of Directors approved Board Policy No. 035 — Competitive Grant Program . ced'Jres (csoard Policy No. 035), which is included as Attachment B. This Grant Award, Arraernent and the Grantee's performance thereunder are subject to Board Policy No. 035, which includes multiple "use it or iose it" provisions. P. The SAN DAG Board of Directors approved programming of approximately $3 million in both TransNet and TDA funds on December 19, 2014, by Resolution Number [insert Resolution Number]. G. On [December 19, 2014], SANDAG issued a Cal! for Projects from local jurisdictions in San Diego County wishing to apply for SANDAG ATGP funds for use on capital improvement and planning projects meeting certain criteria. 13 H. Grantee successfully applied for ATGP Funding for the [insert Project Name] (Project), as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal routing, obtain from SANDAG Finance and Planning staff` the TDA Claim Number or TransNet MPD ID required to complete Recital 1, below. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in TransNet BPNSP funds and [insert dollar amount in TDA funds; and the TransNet MP0 ID for the Project is [insert ID number] and thethe„.1tA Claim Number is [insert claim number]. J. The purpose of this Agreement is to establish the ter and cond Lions for SANDAG to provide Grantee with funding to implement the P.' K. Although SANDAG will be providing financial.assistance to Grantee to sport the Project, SANDAG will not take an active role or retain -substantial cot of of the PrOwct; Therefore, this Agreement is characterized as a funding agr event rather than a coopee ve agreement. L. Grantee understands that TransN tfunds-derive from retail transactions and use tax revenues which fluctuate. SANDAG's fundirt ctimiAitrn t to ATGP`Pkojects, including this Project, is subject to these fluctuations, which y impfunding availability for this Project. NOW, THEREFORE, it is agreed as follows: I. DEFINITIONS A. Application. Thesigned ani dated grantapplication, including any amendment thereto, with all explanatory, sUppoi-tinR, and. suppletrerrtary documents filed with SANDAG by or on behalf of the Grantee;and accepted.or.a iproved by SANDAL. All of Grantee's application ma# r]ais, not mconflictwiththis Agreed nt, are hereby incorporated into this Agreement a though fulr t'ft.rth he B. ;Approval, riUt :;,,:.., Awritten statement (transmitted in typewritten hard copjr :electronically) of a SANDAG official authorized to permit the Grant to take or Drat an action required by this Agreement, which action may not be taken or omitted without etch written permission. Except to the extent that SANDAG determines otherwise* writirki.such approval, authorization, concurrence, or waiver permitting the performance*lssion of a specific action does not constitute permission to perform or omit other sinitar actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currentiy eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is included in Attachment A. Note to Grant Recipient: Only the applicable grant program will be referenced here. 14 Note to SANDAG Contracts Staff: Choose the appropriate program here. D. [SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP] OR [ATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds.] E. Grantee. The local jurisdiction that is the recipient of [SGIP or ATGP] funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work described in the Scope of Work. Grantee shall not proceed with the work and shall not be eligilt;Oe tp receive payment for work performed prior to SANDAG's issuance of a Notice to Ptccaed. G. Subgrantee. Any contractor or consultant, at any tier,id diTry or indirectly with funds flowing from this Agreement for the Project. `'• II. PROJECT IMPLEMENTATION 1 \ A. General. The Grantee agrees to carry out the P oject as fol4 ws: 1. Project Description. Grantee agrees to perfirn the work as described in the Scope of Work included as IA1ghment A. 2. Effective Date, The effectiveidati .thisAgreement,r�rany amendment hereto is the 4 date on which this Agreement,or an arriertdrnient.is fullyvecuted. The Grantee agrees to undertake Project work promptly after,,,reateMpg a Notice to Proceed from SANDAG. 3. Grantee's ispac_ ,. The Grantee.,,agt'ees to maintain or acquire sufficient legal, financial, -technical, aiad managerial acity to; (a) plan, manage, and complete the Project aid provide fojr the use of anjt-Project property; (b) carry out the safety and security aspects of thi-Piro}ect; and (c) trraply with the terms of the Agreement and all applicable laws,, r uiations,-.nd po1icies'pertaining to the Project and the Grantee, incl.uding-but not'-hmited to the TransNet Extension Ordinance and Board Policy :.: To. 03S:... A,r. Project ScYS404 . The itce agrees to witil:,icte the Project according to the *;~, .. - Project Schedule included in -Attachment A and in compliance with Board Policy No.,035, as amended, and included as Attachment B. 5. Prefect impldirentation and Oversight. Grantee agrees to comply with the ProjetieriOeitientation and Oversight Requirements, included as Attachment C, and Board Pal' o. 035, as amended. S. Changes to Project's Scope of Work. This Agreerent was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG [SGIP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [SGIP or ATGP] and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have [SGIP or ATGP] Funding withheld from Grantee, or refunded to SANDAG, due to Grantee's failure to satisfactorily complete the Project or due to substantive changes to the Project. 7. Media and Community Outreach Coordination. The Grantee agrees notify SANDAG of any media and community outreach efforts, including presentations to wrmnearriiy groups. other agencies, and ejected officials. ;he Grantee agrees to assist SANDAG with media or community events related to the ;project, such as ground breaking and ribbon cutting. Press materials shall be+Vided to SANDAG staff before they are distributed. SANDAG logo(s) should be it uded.n•press materials and other project collateral, but may never be included iri:s Ich docurr r without advance approval from SANDAG. / As part of the quarterly reports submitt t SANDAG,.the Granted.rees to provide project milestone information to support-jedia andcommunications eforts. SANDAG reserves the right to use the information provided'by the Grantee for any combination of the following, including but not limited to:`sial•'media posts, online photo albums, videos, press releases, PowerPoi representations, web updates, newsletters, and testimonials. In submitting pos`to SANDAG, the 3rantee agrees to release the rights of the photos to SANDAG forts use.-' 8. Project signage and Designs of TsNetided Facilities. Each capital project in exc 5ss of $260,000 fund d ip.' nie or in Part by revenues from the TransNet Extension.fS inanci aill be clearfydesignated during its construction or implem rrtation as berg provided by revenues from the TransNet Extension Ordinance. Grantee agre s to foflowtfre-?rpject Sit rrage Specifications. SANDAG will provide sign specifications.k{atrtee. agre`esi folow-sign specifications and submit proof files to SANDAG• for a opi`040,11 before printiitig. Baseline Dada. Coiled: For capital projects, Grantee is required to coordinate with SANDAG staff err the deveiment of a baseline data collection plan in accordance ti with the Projectirrplernentation and Oversight Requirements. B. Appli* on. of Laws -Should a federal or state law pre-empt a local law, regulation, or the TransNet,ensioi . 3rdinance, the Grantee must comply with the federal or state law and irnplernentir4.regulations. No provision of this Agreement requires the Grantee to observe or enforce compliat ce with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions thereof expeditiously. 16 C. Notice Regarding Prevailing Wages. 5ANDAcs's [SCUP or ATGPJ grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAL Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, California law may require that Grantee's public works projects pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly encouraged Grantee to seek legal counsel regarding whether the Project will be subject to prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement requires Grantee's compliance with all federal, stale. and local laws and ordinances as applicable. D. Significant Participation by a Subgrantee. Although the £rantee may delegate any or almost all Project responsibilities to one or more sGbgrateec„ the Grantee agreesthat it, rather than any subgrantee, is ultimately responsible for"cp'tnce with all applicable laws, regulations, and this Agreement. E. Third Party Contracting. Grantee shall not aw;ird-clintracts over three Thousand dollars ($3,000) on the basis of a noncompetitive pr firer ent for work to be pe'rfprnled under this Agreement without the prior written approval fSANDAG. Colntracts awarded by Grantee, if intended as local match credit, must meet the requtireinthitktet forth in this Agreement regarding local match funds. 1. If Grantee hires a consult nt carryout profes‘Sural services funded under this Agreement, Grantee shaIkprepare n Independent ostEstimate (ICE) prior to soliciting proposals; publicly,advertise o_competing proposals for the work; use cost as an evaluation factor ill lectinjthe'co ultant; document a Record of Negotiatio?'f (RON) establishin ,thgt e:amount paid by Grantee for the consultant services fair ari . reasonable; argil pess through the relevant obligations in this Agreement to the'tonsultant. • 2. If Grantee�hrres,a ontract r to carry out construction services funded under this ..Agreement, Grantee shaTF pepate ai __*i ICE (e.g., a construction cost estimate) prior to soliciting hids,• pt hlicly advertiseior competing bids for the work; award the work to the I%iwestresponiie and responsible bidder; document a RON establishing that the • amount paid by Grantg. for the construction services is fair and reasonable; and pass throu the relevant obligations in this Agreement to the contractor. F. Grantee's.. Responsibility to Extend Agreement Requirements to Other Entities 1. Enfi1tiesAffed. Grantee agrees to take appropriate measures necessary to ensure that alt,Pro participants comply with all applicable federal laws, regulations, and policies acting Project implementation. In addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a 17 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Fiorrudown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. No SANDAG Obligations to Third -Parties: In connection with.the Project, the Grantee agrees that SANDAG shall not be subject to any obligations orliabilities to any subgrantee, lessee, third -party contractor, or other person or entity that's not a party to the Agreement for the Project. Notwithstanding that SANDAG may havetoritgtredl in or approved any solicitation, subagreement, !ease, or third -party contrabt,e any t, SANDAG has no obligations or liabilities to any entity other than th‘Girantee, includtngany subgrantee, lessee, or third -party contractor at any tier. H. Changes in Project Performance. The Graritagrees toa'iotify SANDAGImmediately, in writing, of any change in local law, conditions (iiidluljn94ts legal, financial, ortechnical capacity), or any other event that may adversely aff the Grantee's ability to perform the Project in accordance with the terms of the Agreement.* as required by Board Policy No. 035. The Grantee also agrees iv rkqekty.SANDAG immediately, in writing, of any current or prospective major dispute, breach, default;'or4rtigetion that tayadversely affect SANDAG's interests in the Project; and agrees tO,Iriform SA'N A+G; also in `vv iting, before naming SANDAG as a party to litigation for and r asoneen f ny irurri: At a minimum, the Grantee agrees to send eachifotite to SANDAG , qui t y this subsection to SANDAG's Office of General Counsel/ Standard of Care. The Grantee expressly 'warrants that the work to be performed pursuant to this Agreement s:ali beepertgrmeg in accordance with the applicable standard of care. Where, approval by SANDAG, its Exeuttve Director, or other representative of SANDAG is inditited;!nthe Scope o'F,Work, it is understood to be conceptual approval only and does not ,relieve the Gra-aeFe'of resigglAility for complying with all laws, codes, industry standards, c and liability tor dah±ages cause by negligent acts, errors, omissions, noncompliance with `ldt siry standards, O'r.t.he willfuf'misconduct of the Grantee or its subgrantees. ill. ETH S • '• A. Grantee -Cede of, uct!Standards of Conduct. The Grantee agrees to maintain a written codendtict or standards of conduct that shall govern the actions of its officers, employees, coL rotor board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with !SGIP or ATGPl Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de mrnimrs rules where the financial interest is not substantiai, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective 18 positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary, actions for violations by its officers, employees; coiiicd or board members_ or their agents, or its third -party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any �l�irci-;,ar i_y writract or subagreement supported by [SGIP * AT GFI Funding if a reai or apparent conflict of interest would be involved. Such a,./cmtlrct would arise when an employee, officer, board member, or agent, includipg,anyrember of his or her immediate family, partner, or organization that erfipl is;.\or k'tends to employ, any of the parties listed herein has a financial interest-i.n a firm co tang for award. • 2. Organizational Conflicts of Interest. T.t* Grantee agrees thas.tts Code of conduct or standards of conduct shall include pro lures for idennifying and p?+eventing real and apparent organizational conflicts of interest:An organnizational conflittnf interest exists when the nature of the work to be rn d under a proposed third -party contract or subagreement may, without some'r strktions on future activities, result in an unfair competitive advantage to the third-partycontractor or subgrantee or impair its objectivity in performing theact.work.• .' SANDAG Code of Conduct. SAND has estab' shed policies'concerning potential conflicts of interest. These policies apply to Grantee. Foreii aviiarObitiSANDAG, any practices which might result in unlawful activity are pro ibitea including, 'bit not limited to, rebates, kickbacks, or otF r:umtaW4co isideratioris SANDAG staff members are specifically prohibited frog participatinb in the selection process when those staff have a close personal relationship, family relation} ipi or past (wittlin the last 12 months), present, or potential business or employmentr lat..iot ip iwith a meson or business entity seeking a contract with SANDAG-.At is unlawfrlifor any contract to bg made by SANDAL if any individual Bodid mernhkr,or staff ha _aPr-ohibited financial interest in the contract. Staff are also firohibited frorri {citing oNraccepting gratuities from any organization seeking funding from SANDAG. SANDAL officers, employees, ees agents, and Board members chars not solicit or accept gifts, gratuities favors, or `anything of monetary value from consultants, potential co?is 1tants, or parties:to subagreements. By signing this Agreement, Grantee affirms that it has no nowledge of en ethical violation by SANDAG staff or Grantee. If Grantee has any reason to eiteve a c nflrct of interest exists with regard to the Agreement or the Project, it should notity,*etA. lilLiAG Office of General Counsel immediately. C. Bonus or Comii ission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its [SGir or AT GP] Funding application for the Project. D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including, but not limited to, the Grantee's grant application, progress reports and invoices. 19 IV. AMOUNT OF FUNDING ASSISTANCE The Grantee agrees that SANDAL will provide [SLIP or ATGP] Funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $ , or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is te- percent L%). SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application for funding from SANDAG for the Project is the amount that forms the basis upon which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SANDAG Participation. V. MATCHING PrUNDS Grantee has proposed to provide matching funds for the Proitct andrfore agrees as follows: A. Duty to Obtain Matching Funds. The Grantee gees to provide sutfici`ent funds or approved in -kind resources, together with the, {SGW or ATGP] Funding likverded, that will assure payment of the actual cost of each Project activity covered by this Ament. The amount of matching funds and percentage(s) of.tthing funds Grantee sha?i•,rovide are set forth in the Approved Project Budget. The Grantee agreed complete all proceedings necessary to provide its share of the Project costs at 8r. "fore the time the matching funds are needed for Project costs. t'• B. Prompt Payment of Matching Fins. Tte aritee.agrees't provide the proportionate amount of the matching funds promr.as it incurs Project costs or Project costs become due. Each of Grantee's invo ces..must include,its pr94ata•tnat g• fund contribution as reflected in the Approved Project Budget; _along wiiksilpporting, descriptive and/or explanatory documentation or the matching funds provided. • C. Reduction of Matching Fuss. The Grant •a.grees that no refund or reduction of the amount of matching fun #s may -lid. r ade..unl2 , at the same time, a reduction of the propoitionai amount ofthe.[SGIP or-M P] Finding provided is made to SANDAG in order to rntaan the.axirn.um Pekcentage(s) of SANDAG Participation. VI. < a' 'MOVED k • Except to!„th2 extent that SA' #DAG determines otherwise in writing, the Grantee agrees as follows: The Grantee`and SANDAG Nave agreed to a Project budget that is designated the "Approved Project Budget:" The Grants will incur obligations and make disbursements of Project funds only as authorized by'tti e.:A 'o d Project Budget. An ar:;endme.nt to the Approved Project Budget requires the issuanc f a-tormal amendment to the Agreement, unless the re -allocation of funds among budget items cYfiscal years that not increase the total amount of the (SGIP or ATGPJ Funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. 20 VII. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with payments from SANDAL, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amount ju tified by the matching share previously provided, or 2. Take any action that would cause the proportion o##tSGikP or ATGP] Funding made available to the Project at any time to exceed the percentage authorized by the Agreement for the Project.1' B. Payment by SANDAG. Upon receiving a requestfor payment and adegate supporting information, SANDAG will make payment, [o'r for projects with TDA funding authorize the County of San Diego to make payment] for elObje amourils to Grantee withti Thcrty (30) days if Grantee has complied with the requirements:pf4te Agreement, including submission of a Quarterly Report which is incli,ded as Attachmerft.p, has satisfied SANDAG that the [SLIP or ATGP) Funding requested:is needed.for Project pqcposes in that requisition period, and is making adequate progress t`(arcitcompletion,consistent with Board Policy No. 035. After the Grantee has demons#rated sat ztory compliance with the preceding requirements, SANDAG may reimburse.the Grantil'sarent allowable costs incurred consistent with the,oved Project B4et.ANDAG shad retain ten percent (10%) from the amounts invoited.untd satisfactory completion of work. SANDAG shall promptly release retention amonts to Grantee following Grantee's satisfactory completion of work and receipt of GrariteOyfinal invioice,and all refits -Wed documentation. C. Eligible Costs. TheGmitteigiees_thatProjeCt costs eligible for [SGIP or ATGP) Funding mu.•t`compiy with the foi c wing requirements, unless SANDAG determines otherwise in wilting. To tie-e gible for re`rnbursement, Project costs must be: Consistent w`i'tti the Projee Scope of Work, the Approved Project Budget, and other provisions of the Agreement. 2. \Necessary in or,#erto accomplish the Project. 3. e�,.prjabk for tlic g.. x s ,:�v„u,�.�.•eu� �.�.. �.,,,..� or services purchased. 4 Actual ne' osts to the rantee (i e , the price paid minus any refunds, rebate, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). • 5_ Incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG. 21 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for jTransNet or TransNet and TDA] Funding as part of the [SGIP or ATGP]. 3. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the following documentation as part of the grant app?icationl terials: (1) an indirect cost allocation audit approved by a qualified independent euditor or (2) the applicant's proposed method for allocating indirect costs in accordance with OMB guidelines. Indirect cost allocation plans must be reviewed afit :renew l.an.nually. ( f { 10. Project generated revenue realized by theGrantee shall be utiliZed in support of the Project. Project generated revenue and eScpenditures, if any, shaII1 a reported at the end of the Agreement period. D. Excluded Costs 1. In determining the amount,61 MGR or ATGP] FuntjingSANDAG will provide for the Project, SANDAG will exclude;,'`4a a. Any Project cost incurred by the Gra ee before either the date SANDAG issues a Notice to Proceed to Grantee or the ;Ettie pie of the Agreement or any Amend lent thereto; . b. Any cost that istoti included Po the latest Approved Project Budget c. Any ickst.for Pr ettproperty orservices received in connection with a subagre ht, lease; ci- a ty'tontract, or other arrangement that is required to be, but has not been, conitrred in or approved in writing by SANDAG; and Any 'Cost mneligi .for. SANDAG participation as provided by applicable laws, regulatlQris;or polio*, . Certain costs at times associated with bicycle and pedestrian projects are not eligible en the beneit provided is not the exclusive use of bicyclists or pedestrians. These inSt r .es are }i ted below. a. Cub arm gutter are part of the roadway drainage system. As such, newly instated curb and gutter cannot be considered an improverner-t exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. b. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may not include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per -square - foot cost of the sidewalk. 22 c. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. d. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. The Grantee understands and agrees that payment to the Graantee.or any Project cost does not constitute SANDAG's final decision about whetherthattostis allowable and eligible for payment under the Project and does not constitute a wai4e+r. of`,anyviolation by the Grantee of the terms of the Agreement for the Project or Board-Oplicy Nda,O3'S .The Grantee acknowledges that SANDAL wi!l not make a final ill rmination ahoutthe allowability and eligibility of any cost until the final payment has• seen made on the Project or the results of an audit of the Project requested by SANDAqr.or its Independent Taxpayel ! Oversight Committee (ITOC) has been completed, whichetker.occurs latest; If SANDAG determines that the Grantee is not entitled to receive any portion` f•t e orATGP] Funding requested or paid, SANDAG will notify the Grantee in writing, statipg its reasons. The Grantee agrees that Project closeout will not alter theOantee's responsibilltyta,return any funds due to SANDAG as a result of later refunds, correcttcns; rrinance defidencdes, or other similar actions; nor will Project closeout alter SANDAG's: fght fd-d ow_costs and recover funds provided for the Project on the basis of a later audit ol- other revrqrr+°.+.notification to the Grantee that specific amounts are owed to SANDA ',w iethet.ftr exc payments of [SGIP or ATGP] Funding, disallowed:costs, or funds reco ed"-frdi'n third parties or elsewhere, the Grantee agrees to promptly reMit tti SANDAG the+ r etints owed, including applicable interest, penalties and arIrnjnistrative! barges. VIII. ACCOUNTING RECORDS,' In compliance with apnlicable1 w regulationk-and policies, the Grantee agrees as follows: A. ; Project Accounts The Grange awees to establish and maintain for the Project either a un parate set of accots or separ teaccounts within the framework of an established aeep ht ng system tha ca.n be identified with the Project. The Grantee also agrees to mairitamdocumentatiori Of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounti documents related in whole or in part to the Project so that they may be clearly identifiert\readil.virc scihle, and available to SANDAG upon request and, to the extent feasible, keptrparate from documents not related to the Project. IB. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. The Grantee agrees to submit to SANDAG a![ reports required by law and regulation, policy, this Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to he submitted to SANDAG must be prepared and submitted in electronic and/or typewritten hard copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and fox three years thereafter from the date of transmission of the final expenditure report, the G'ran1ee agrees to maintain, intact and readily accessible, all data, documents, reports, records co , and supporting materials relating to the Project, as SANDAG may rgqutre. D. Access to Records of Grantees and Subgr ees. The Grantee agreestopermit, and require its subgrantees to permit, SANDAG euthorizec 4epresentativees� upon request, to inspect all Project work, materials, payrolls, anchather.da . and to audit the* ks, records, and accounts of the Grantee and its subgrantees p to the Project. E. Project Closeout. The Grantee atirees:that Project closegut does not alter the reporting and record retention requirements of t1 Aeent. l F. Quarterly Reports. Grantee shall submit written uarterly reports to SANDAG detailing the progress of its work, expenditures inciired, an iforrha n,regarding whether the Project is projected to be coca Ieted within the liTiit 4ithe Approved Project Budget, Project Schedula,and"cons1serit with Boafd Policy No. 035 and any policy amendments thereto. Grante all docuritent the progr .and results of work performed under this Agreement to the\satisfactiOn o1 SANDAG. Ttisincludes progress and final reports, plans, specifications, esti rriVei,..and.other evidence Of attainment of the Agreement objectives, whist -are requested b? ANDAG or I Grantee may be required to attend meetings of SA JDAG-staff, nd commit .including but not limited to iTOC, the Regional Planning Committee. the Ti nsnortati Committee; and the SANDAG Board of Directors, to report on progress and resprd.toqueastc-1s. G. CoMmimities Servel Data and Report. If requested, Grantee shall provide SANDAG with data reporting how the Project's benefits and burdens were equitably distributed among socio andusnomi.(6opuiations in the area affected by the Project, and associated smart growth ciao=, Y. Project Completion, Audit, See :em�_wdt,Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. 24 B. Project Audit. Note to Grant Recipient: only the applicable sections will be included. Note to SANDAG Contracts Staff: Please choose the appropriate: For TransNet funded projects: The Grantee agrees toh v financial and compliance audits p;r{a;^pdaSANDAG may require consistent with the 7ransNet Extension Ordinance. T h,`antee agrees that Project closeout will not alter the Grantee's audit responsibilities. Afm;t costs are allowable Project costs. For TDA-funded projects: . The Grantee agrees to have financial and cohipliance audits performed SANDAG may require consistent with Public Utilities Code S'ectign 99245, fOr TDA funds; .atldconsistent with the TransNet Extension, Ordinance for TransNet ftiritis._Tb4 Grantee agrees that,Froject • closeout will not alter the Grantee's audit responsibilfttes Audit costs are allowable Project costs. C. Performance Audit. The Granteeligrees:10 ooperate withhSANDAG or ITOC with regard to any performance audit that is perfoiiklied on the..rroject pursjarit to the TransNet Ordinance. D. Project Closeout. Project_ closeout oc .who S 1DAG notifies the Grantee that SANDAG has dosed the Prc je t, and, tf•applicable;; eitt er.forwards the final [SGIP or A T GP] Funding payment and or -acknowledges that the Grantee has remitted the proper refund. The Grantee agrees that Pro#.ect.tloseoutpySANDAG ds:not invalidate any continuing requirements imposed by the A eetnent'ot 6ny unmet reelu cements set forth in a written notification from SANDAL. ; • E. Pr € _Use..GraI tee was. o arded this Agreement based on representations in its grant ircation regartjtng the Projects intended use. If the Project is a capital project, Grantee t. ceby commits to r tinued tithe Project for the purposes stated in its application for a =°� --: j p PP 'Period of at least five,years after completion of construction. SANDAG may require Grantee to end SGIP funding provided for the Project in the event Grantee fails to utilize the Project for its intended! purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PROpRE.Si AND RIGHT OF SANDAG csc TERMINATE ,. A. Grantee shall rnate diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. 25 B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for h delay pthedateh the ue�a in performance and by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements. Upon written notice, the Grantee agrees that SANDAG maysuspel'Itircir iermiri to all or any part of the [SGIP or ATGP] Funding to be provided for the Proiect if the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if,5ADAG determines that the purpose of the laws or policies authorizing the Project} ld notbe adequately served by the continuation of [SGIP or ATGP] Funding for the Project:;" •,� D. In general, termination of [SLOP or ATGP] Funding ft�rthe Project will not Invalidate obligations properly incurred by the Granteebefore the termination date*, the extent those obligations cannot be canceled. If, however, SNANDAG determines that the G1r ntee has willfully misused [SGIP or ATGP] Funding by failirWke adequate progress -or failing to comply with the terms of the Agreement, SANDAG rives the right to require the Grantee to refund to SANDAG the entire 0ount.of [SGIP or Ate] Funding provided for the Project or anylesser amount as SANDAG rika y:Jne. �. P. Expiration of any Project time periodi;established; the Project'Schedule will not, by itself, automatically constitute an expirationsprtermi iori the:Agreement for the Project, however, Grantee must request and SANtAG'm.ay agree to`amend the Agreement in writing if the Project Schedule Wiltript,be met. Al amendment to the Project Schedule may be made at SANDAG's dlscretion if GrB fee's reques' Is consistent with the provisions of Board Policy No.035. ti • XIl. CIVIL RIGHTS. The G ntee agrees`to comply wit all applicable civil rights laws, regulations and policies and shall incI de the provisions i'f. hi Sei i 2 in each ssubagreement, lease, third party contract or other iegafi bi tJing documenetp:perform'work funded by this Agreement. Applicable civil rights laws, regulatlokis and policies incligle, but are not limited to, the following: A. !®e� ttinati nf SANDAG implements its programs without regard to income level, disability; ce color, and national origin in compliance with the Americans with Disabilities Act and TitleNioitthe Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the puo1: of their rights under these iaws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. Grantee must notify SANDAG immediately if a complaint is lodged that relates to the Project or program funded by this grant. B. Equal Employment Opportunity. During the performance of this Agreement, Grantee and all of its subcontractors, if any, shall not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, 26 religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, denial of pregnancy disability leave, veteran status, or sexuai orientation. Grantee and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations. Title 2, Section 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing .Commission implementing California Government Code Section 12990 (a-f), set forth in cailitite.r 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into,i:is Agreement by this reference and are made a pat hereof as if set forth in full. Grant and its subcontractors shah give written notice of their obligations under this clause Labor o(ganizations with which they have a collective bargaining or other agreement. , XIII. OWNERSHIP OF WORK PRODUCT SANDAG shall own any deliverables created in whole or in part for.SANDAG's *et pursuant to the Scope of Work for the Project. The term "deiiveil<a it es" includes, but is not limited to, all original drawings, reports, photos, and other documents;'including detailed calculations and other work product developed for the Project&services performed,ot+the Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement sh't1I1 -be inteted in accordance with the laws of the State of California. R. Dispute ResoltAion-Procass. In the evej tGrantee has a dispute with SANDAG during the performance of, this Agreerent, Granteesh2il1 continue to perform unless SANDAG informs Grantee in writing._t© ceaseceasi .�mance. The dispute resolution process for disputes arising under this Agreemeri shaft be asfc ll Cararrt shall subriTt a statement of the grounds for the dispute, including all pertinent•dates, nah s of persons involved, and supporting documentation. to SANDAG's Piiveet Mana6 ;The Project :Manager and other appropriate SANDAG staff will review thekthPcumentation in a timely manner and reply to Grantee within twenty (20) calendar days. Upon receipt of an adverse decision by SANDAL, Grantee may `subunit a request for reconsideration to SANDAG's Executive Director. The request for rederati6n Must be received within ten (10) calendar days from the postmark date of SANDAG's reply. The Executive Director will respond to the request for recorisideta'tron within ten (10) working days. The decision of the Executive Director will be in writing. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. 27 C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. in the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. XV. ASSIGNMENT Grantee .shall not assign, sublet, or transfer (whether by assignment oir.no;cation) this Agreement or any rights under or iiieresi. in this Agreement. XVI. INSURANCE Grantee shall procure and maintain during the period ofVerfOrman e'ofthis Agreement, and for twelve (12) months following completion, policies -'of insurance from .insurance companies authorized to do business in the State of California::or,the equivalent typesnd. amounts of self- insurance, as follows: A. General Liability. Combined single limit of f 1,, G;' • per occurrence and $2,000,000 general aggregate for personal anci.bodily injury, intiting death, and broad form property damage. The policy must include .kg 'acceptable "Waiver .of Transfer Rights of Recovery Against Others Endorsement." The.. pofey.jnuSt-name SANDAG es an additional insured in the , endorsement. A deductible or retentmaybe utilized, subj to approval by SANDAG. B. Automobile Liability.•_ or personal aid bodily.mjury;wicliuding death, and property damage in an amount not !eshan' 1.,000,000. C. Workers' Con pensation aims! Employe 's •Liability. Policy must comply with the laws of the State of Calikorn:ia. Thq"policy must in'dude an acceptable "Waiver of Right to Recover From Others Endorsement"' •nar g-SApipAG s,an additional insured. D. Ot it Requiurements.`Grantee shall fQish satisfactory proof by one or more certificates .>tabren.irial copiess.that.it has..ie.foregoing insurance. The insurance shall be provided by an •:y acceptable insurance provider, a determined by SANDAG, which satisfies the following inimum requirem e :' • 1. t' . n insurance cairier qualified to do business in California and maintaining an agent for s te.of prodrss:'within the state. Such insurance carrier shall maintain a current A . est rating,classification of "A-" or better, and a financial size of "$10 million to $24 r i li iii Mass V) or better," or 2. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. E. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Insurance policies shall not be canceled without first giving thirty 28 (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shah be considered a cancellation. XVII. INDEMNIFICATION AND HOLD HARMLESS A. Generally. With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wage claims against the Project, asserted or established liability for damages or injuries to any person or property, including,. rry to the Grantee's or its subgrantees' employees, agents, or officers, which arise fry or are connected with or are caused or claimed to be caused by the negligent, reckl.e; :or.i{Iful acts or omissions of the Grantee and its subgrantees and their agents, officers,*emplOygoS,.in performing the work or services herein, and all expenses of investigatintend defending* a aainst same, including attorney fees and costs; provided, however, thei the Grantee's duty'tp indemnify and hold harmless shall not include any claims or liability arising from the establish sole negligence or willful misconduct of SANDAG, its Board of 13 tors, ag nts;; officers, or erlaployees. ry, B. Intellectual Property. Upon request by SANDAC,kthe Grantee agrees to indemnify, save, and hold harmless SANDAG and its:Bard of Directors; ffkers, agents, and employees acting within the scope of their officiar\dut,agajpst any lialk,1147,including costs and expenses, resulting from any willful or inte iona't io! ian by the.; Grantee of proprietary rights, copyrights, or right of privacy, arislr g out of.:the -publication, translation, reproduction, delivery, use, or disposition of any data ftornished under the Project. The Grantee shall not be required to indemnify SANDAG for an& s +d1 liability caused solely by the wrongful acts of SANDAG employes or agent, ti XVIII. INDEPENDENtTRACIPH...._ A. Status of Grantee: CTra sha1 p rfor'm the services provided for within this Agreement as an ja lependent-contra or; as and not an,.employee of SANDAG. Grantee shall be under the c Ohio! of S&Nt;�AG`as to result to be accomplished and not the means, and shall consult with SAN DAG asp o:,dedfor' , the Scope of Work. The payments made to Grantee pursuant '4,b this Agreement s pil be the ii.01 and complete compensation to which Grantee is entitled. SA,'CAG shall not rnae any federal or state tax withholdings on behalf of Grantee. SANDAG shall' • be required' to pay any workers' compensation insurance on behalf of Grantee. Grantee... grees to indemnify SANDAG for any tax, retirement contribution, social security, overtime oavnrrent;or workers' compensation payment which SANDAG may be required to make on befiltif antee or any employee of Grantee for work done under this Agreement. B. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 29 XIX. SEVERABILITY AND INTEGRATION !f any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. XX. PROJECT MANAGER The Grantee has assigned [INSERT PROJECT MANAGER NAMEL.as the Project Manager for the Project. Project Manager continuity and experience is deemed.esseTaal in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. tee shall not change the Project Manager without first providing written notice to 5ANDAG. �, XXI. NOTICE Any notice or instrument required to be given delivered by depositing the same in any United prepaid, addressed to: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Susan Baldwin / Suchi Mukherjee Grantee: [LOCAL AGENCY NAME'j [LOCAL AGENCY ADt?RESS] s . Attn: [LOCAL AGENCY`PRO!•ECT MAKER] Notice shall be -effective up...4aq receipt them, or del red b . this Agreemenemay be given or States 1Rgst owe, registered or certified, postage } Note ,tb SAND-AGTheutitracts Stott After receiving this original agreement back from the GT. a$ue and before ivggitiv € riginap agreement for final SANDAG 'wet- signatures, confirm with SANOAG'Flhance anti Planning staff that the applicable RTIP has been approtr 30 XXII. SIGNATURES The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS GARY L. GALLEGOS OR DESIGNEE Executive Director APPROVED A5 TO FORM: [INSERT JURISD.ICxlON] dfull Warne] (Title] APP1tOVE AS TO FORM: Office of General Counsel . ' t'fitle] 31 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project Description [PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, E T4),'i'i'PES OF IMPROVEMENT S/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT SU Tj -, Trat*Vet MPO ID NO. N. 32 ATTACHMENT B NIIIL COPPER TIVE Oft PROGRAM PROCEIfIi1RES Applicability and Pasppose Pol!!cy, BOARD PlifoLiCif Me. 035 This Policy applies to al! grant programs administered through SANDAL, whether from TransNet or another source, including but not limited to the Smart Grow** Wm -Rive Program, Environmental Mitigation Program, Bike and Pedestrian Program, 5enior< fni Gi'artt Program, Federal Transit Administration grant programs, and Active Transportatio..Acaiit Progra\rit,., Nothing in this Policy is intended to supersede feder .ot~state grant rules, regulations, statutes, or contract documents that conflict with the requirernehts in this<policy. There t'e:never enough government grant funds to pay for all of the projects, ,:rthy,.4f funding in the 5ai;Diego region. For this reason, SANDAG awards grant funds on a comp basis that takes the grantees' ability to perform their proposed project on a t4 e.ly basis into actiwrit SANDAG intends to hold grantees accountable to the project schedules` wth: Jiave proposed' ik order to ensure fairness in the competitive process and encourage grams tort fir project ..,implemented quickly so that the public can benefit from the project deliverles as oa3 possible. `•� Procedures - Project Mileste and Completion Dead1rles 1.1. When`•spgding a�.'griant..,agreemeit for a administered by S ie , graz r ipients irrust agree to the project delivery objectives and sched+ s.in-the agreementag4errent. In additi iaArantee's proposal must contain a schedule that Mjs.withio theFailure to meet the deadlines below may result in `revocation of al giant fu is ,'tot already expended. The final invoice for capital, planning, or operations gra`rt s rust be'spbt itted prior to the applicable deadline. 1.1.1. Fundirig':for Capital Projects. If the grant will fund a capital project, the '`. Project must; be completed according to the schedule provided in the grant \3graement; but at the latest, any necessary construction contract must be awarded ..-years following execution of the grant agreement, and construction must'c completed within eighteen months following award of the construction contract. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. • competitive program funded and/or 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be 33 complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. if no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the y -ai;t ayret- r eri , :1rid 'W4_' operations must commence within six months following award of.rie operations contract. if no services contract for operations is necessary, the.*rtions project must commence within one year of execution of the grant agr rat:; 1..1-4 Funding for Equipment or Vehicles Grants. If the`nt will fund equipment or vehicles, the project must be completed.according to the stdule provided in the grant agreement, but at the Iatest4ny,necessary purchase con'tirat#s for equipment or vehicles must be awarded withitr,,oi a year,: oRowing executi n of the grant agreement, and use of the equipment bty4allides fir the benefit of the public must commence within six months following avvN3d of the purchase contract. 2. Project Milestone and CompletiorD ihe.,Extensions 2.1. Schedules within grant ag'irrnents rnay`irithde prof scopes and schedules that will identify interim milestones in Odition tsithost,ciescribed in Section 1 of this Policy. Grant recipients may-Feceive extensiaps or < h i project khedules of up to six months for good cause. Ex ions t p to six motes aggregate that would not cause the project to miss a complition deadli*ne in Sectio6:1may be approved by the SANDAG Executive Director. Exter ions beyond six ,months aggregate or that would cause the project to miss a completion deadia!e`inr$ection 1 must be vproved by the Policy Advisory Committee that has been. delegated ,e necessary' at,ttherity by the Board. For an extension to be granted un ler this Section 2, the following conditions must be met: 2.1.1. �istr xterlsi3`r{ ,-e nests of up to six months, the grantee must request the extension 114 Writing to die SANDAG Program Manager at least two weeks prior to the earliest'project schedule milestone deadline for which an extension is being requested. The 1xecutive Director or designee will determine whether the extension \stiould be anted. The Executive Director's action will be reported out to the Board irlaoilov�tr3 month's report of delegated actions. 2.1.2. \ `grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. 34 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects, -that were already granted extensions by the Executive Director and are again failif;g .behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program • Manager. 3.2 A grantee seeking an extension must document previt s efforts undertaken to maintain the project schedule, explain the rzaions for the delay,*lain lain why the delay is unavoidable, and demonstrate an ability tofsped in the extended tirr frame the grantee proposes. The grantee must provide the nery inforrion to SANDAc off to place in a report to the Policy Advisory Committee. `lf; fficient time is available> and the grant utilized TransNet funds, the request will first`i;.ten to the Independent Taxpayer Advisory Committee (ITOC) fs' a., recommendation. The grantee should make a representative available at the; xh eting ;to present the information to, and/or answer questions from, the ITOC and Poli*Advisery COmmittee. 3.3 The Policy Advisory Committee:will only giant a: extension under this Section 3 for extenuating circumattices that the gr e-eou1d not Fiat reasonably foreseen. 4. Resolution and Executionsfthe Grant Agreement 4.1 Two we* prior{#fo the :review by,.the Policy Advisory Committee of the proposed grants, prospective, rant -ice suita isolution from their authorized governing body that -Oki -tides the pro'vi ioi s in this'5ub5ert on 4.1. Failure to provide a resolution that meets requtterti s-i.n th Subsection 4.1 will result in rejection of the application and the Anpliratior w'lte droppei._frem consideration with funding going to the next project as '•.. stored by the evaluation corr)mttee. In order to assist grantees in meeting this resolution `leadline, when SAislpAG issues the call for projects it will allow at least 90 days for grant aiiisqication submissi n GrAtitee governing body commits to providing the amount of matching ruNds4efTprth in the grant application. 4.1.2 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAL. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the yraril agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 35 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 Amended: November 2014 36 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG; with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a .Limeiy mariner if there are any changes to staff assigned. 7. Haseliine Data Collection: Prior to the construction of gratf*-funded improvements, the Grantee is responsible for developing a baseline data collectipf; plan with SANDAG to gather information on pedestrian and bicyclist activity. At a minirnur,,, data should be collected for observed bicycle and pedestrian volumes, behavior, and attit is -in t 0roject area. Once the data collection plan is approved by SANDAG staff, the Granter Is iresponsibre,for..carryinq out the plan and returning collected data to SANDAG as a deliverable: Standardized' errs required for data collection will be provided by SANDAG. Grantees are encouraged to use the National Bicycle' and/Pedestrian Docum tation Project methodology and plan for the following: • Conduct counts prior to project striction, during -'National Documentation Days in the second week of September. Sup{emer4ary-counts ana surveys can be conducted during January, May, and July to providelaBona iata,,desired. • Conduct counts for two hours, at pea tirn,egfrelatiVe44 the facility. For example, facilities attracting utilitarihs gips should be c t.ib d•on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., wl reas facili es• attracting recreational trips should be counted on a Saturday, from 9 to 11a. In the case that the abate tirnefrar are-d.eeml ad• infeasible due to the project schedule, the Grantee arid--SANDAG wiii 4iiaborate of ari., alternative data collection methodology and • procedure, : - A. s►,e;. of Grantees may be,selecthd for, in-depth evaluation by SANDAG, in which case, SANDAG will cbr u t the data cone:Von effort frith required participation from Grantee staff. Such in-depth evaluatin •conducted by SANDAG will take place solely for the purpose of SANDAG Active Trar portetion data collection and monitoring efforts, and will not impact Grantees' budgets. \ Grantees should pilaf to budget five thousand dollars ($5,000) for data collection. For questions or assistance with date= • collection, contact Christine Eary at Christine.Eary@sandag.org, or (619) 699-6928. 3. Design Development and Community Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 37 4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent SANDAG staff may meet with the Grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: • Whether they are consistent with the Project proposed in the original grant application, and • Consistency with accepted pedestrian/bicycle facility and smart growth design standards. C /1r r!►r+er�*r Qer.r+w+lr w►1 Mu—levey Gvr Ynletemust JLi.Im:+ .J Jrtelly reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated press next quarter, pending issues and actions toward resolution, and status of budget and sr, efiuie. Furthermore, the Grantee agrees to provide project milestone information (such as presentalgpSto community groups, other agencies, and elected officials, ground-breakings, and rilibtn-cutf tg) to support media and communications efforts. 6. Media and Community Outreach Coordinati: Press materials shall be rovided to SANDAG staff before they are distributed. SANDAG logo(sf tot ld be inc utied in press rhtterials and other project collateral. Furthermore, the grantee agrees'i-.pr• ov project milestone•.,kiformation to support media and communications efforts.:..• 7. Photo Documentation: Grantees ale rionsible for the fgfiowing photo documentation: • Before and after photos, which*Ovid 'biktaken.from sinuja':.angles to showcase how a : particular area has been transform: over ti • Project milestonetoo{such as ground-Jfk-irgs and -ribbon -cuttings), • Photos taken thioug•haut.,onstruction s and throughout the length of the project. Photos should be'Mrgfa resoluti. n._(at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain ca'ptions.w+rth ajoa.,descrikitions, dates, locations, and the names of those featured, if appropriate:,. :. : " .' 6. Proms 6igraage::ach, proje -ir program in excess of $250,000 funded in whole or in part by revcr,;:esfr:.ml the TranWttExtenilqn Ordinance shall be clearly designated during its construction or impiementation as beiv .provideacyby such revenues. SANDAL will provide sign specifications. Grantee rgrees to follow si4h specifications and submit proof files to SANDAL for approval before printing. 9. Performanee..y lrariii4 iv: SANDAG staff may measure performance of the constructed capital improvements agaW4vt Aatpd project objectives, and evaluate the overall grant program. Grantee is i� expected to meet uvitrs,ANDAG staff to identify reievant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. 38 Planning and Non -Capital Grants 1. Contact Information, Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Request for Proposals and Consultant Selection. Upon request by SANDAG, Grantee must submit consultant draft Request for Proposals to SANDAG staff for -review and comment for consistency with the agreed upon Scope of Work with SANDAG (Attac#ment A)_ 3. Quarterly Reports. Grantee must submit quarterly,. ;twits to SANDAG, detailing accomplishments in the quarter, anticipated progress nex :quartet=, pending issues and actions toward resolution, and status of budget and schedule. - t- `, ,, 4. Stakeholder and Community Meetings. Granted must provide SANDAG with advance notice (preferably within two weeks) and agendas of afi: Aakeholder And commun meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings appropriate. • 5. Media and Community Outreach Coordination. Preis materials shall be provided to SANDAG staff before they are distributed. SANG ioyo(s) should bntiuded in press materials and other project collateral. Furthermore, the Grant ,,agrees to provida,project milestone information to support media and communications effor c,... 6. Photo Documentation. Grantees are rettKinsible,,forthefollowing photo documentation: } • Existing conditions ph c s,which shoiY14 ai ustrate the current conditions of the project site and demonstrate the need for improver ;facilities • Project miles n.e photos{such as workshops, presentations to community groups, other agencies, and ethteci official ,' -.: Photos should l high resoli on (at Ieast'4 hes by 6 inches with a minimum of 300 pixels per inch) and cntain-captions with project descriptions, dates, locations, and the names of those feat reE, If arrlrropriata., 39 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and TransNetITDA Active Transportation Grant Program Quarter:y Report Report Submittal Date: [Insert] Reporting Period: [Insert - Example: rY 2014, Quarter 1] a PART 1: DESCRIPTION OF ACTIVITY' FOR REPORTING PERIOD 1. Work Accomplished This Reporting Period [INSTRUCTIONS: Replace this text with a detailed description of work completed and underway during the reporting period . In a bullet format, reference specific tasks.] Example: • Task 1 - Award Consultant Contract: Issued RFP and convened a selection panel of 5 members from the City, MTS, NTCD, and SAN DAG to shortlist 3 of 9 firms. The panel interviewed the 3. firms and selected XYZ Group for this project The City Council approved the consultant contract with XYZ Group on January 1, 2014. City staff held a kick-off meeting on January 10, 2014. • Task 2 - Public Outreach. City staff and XYZ Group began organizing the first workshop for this project. The anticipated date of the first workshop will be in the FebruarylMarch 2014 timeframe. • Task3-Etc • Task 4 - Etc 2. Deliverables Produced This Reporting Period [INSTRUCTIONS: Summarize the deliverables produced during this period and indicate the date submitted to SANDAG. Deliverables can be submitted as an attachment to this report, See Item 5 for more details.] Example: • final RFP - Submitted in December 2014. • Approved Consultant Contract and Kick -Off Meeting Notes - Submitted with this report. Please see accompanying) list of attadhments. 3. is there an accompanying invoice for this period? 40 [INSTRUCTIONS: Indicate YES cY NO.] 4. Work Anticipated for the Next Reporting Period [INSTRUCTIONS: Replace this text with a brief description of work anticipated for the next reporting period. Also note any upcoming meetings or workshops.] 5. List of Attachme: is (INSTRUCTIONS: List any deliverables or invoke documents attached to this report. Attachments over 6M8 Should be sent via WeTransfer.i WeTransfer Link: httpsJ/sandag.wetransfer.com/ Example: • • Attachment 1: Consultant Contract • Attachment 2: Kick -Off Meeting Notes • Attachment 3: Invoice Spreadsheet • Attachment 4: Invoice Documentation PART 2: SCHEDULE AND TASK STATUS • Task Scheduled Start Date (Per Grant Scope of Work) Scheduled Completion Date (Per Grant Scope of Work) Status Timing Anticipated Start Date (If Different from Grant Scope of Work) Anticipated Completion (If Different from Grant Scope of Work) NIP Date Task 1 lmm/ddfyy] ,[mm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/ddlyy] Task 2: Policy No. 035 Milestone [Frm/ddfyy] [mm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/ddfyy] [mm/dd/yy] Task 3: Policy No. 035 Milestone [mm/dd/yy] [mmfdd/yy] [In Progress/ Completed/ Not Started.] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] 41 PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS Challenges and Actions Toward Resolution (If applicable) [INSTRUCTIONS: If you are experiencing challenges in completing project tasks, please provide information about the delay and actions taken to resolve issues. If an amendment is needed, provide justification and check the appropriate box below.] ❑ No amendment requested at this time Li Amendment requested to*: ❑ Project Schedule ❑ Project Budget ❑ Scope of Work *Failure to check a box in the above section assumes there is no action requested. Amendment requests are subject to SANDAG`s approval. it is the Grantee's responsibility to ensure compliance with SANDAG Board Policy No. 035: Competitive Grant Program Procedures and grant agreement terms and conditions. PART 4: PROJECT STATUS REPORT SIGNATURE Prepared by Date: Project Manager 42 INVOICE INSTRUCTIONS Step is Complete the Quarterly Progress Report. Reimbursements cannot be made without a completed Quarterly Progress Report. Steil 2: Gather Documentation for Staff Costs, Consultant/Contractor Costs, and Other Costs. Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant Staff Costs should be supported by certified payroll documentation Consultant costs should be supported by the consultant invoice AND a proof of payment. The prof of payment can be either a copy of the check prodded to the consultant or printout Mom the project's financial accounting system showing that funds were disbursed Contractor costs should be supported by the contractor invoice, schedule of values, AND a prcof of payment The proof of payment cat be either a copy of the check provided to tha contractor or a printout from the proiects financial accounting system showing that funds were disbursed. Other costs should be supported by either an invoice from the vendor or a receipt AND must be accompanied by a proof of payment, The proof of payment can be either a copy of the check provided to the vendor or a printout from the project's financial accounting system showing that funds were disbursed. Clearly identify (i.e., highlight or circle) all grart-relaied expenses on documents that include non-rtala;ed costs. Step 3_ Complete the Expense Summary. Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurred dunng the reporting period. Confirm that you have the adequate documentation. Break down each cost by task. This will help with the next step to complete the invoice statement Double check and make sure all sub totals have be:en calculated correctly. Step 4: Complete the Invoice Statement Enter the costs for each task (calculated in Step 3) into the appropriate cells of the Invoice Statement. The SANDAG contribution, irian.ch contribution, and retention amounts should automatically calculate. Enter previous costs by task into the appropriate cells of the spreadsheet. The remaining grant balance should aa..itomaticaily calculate. Step 5: Submit Quarterly Programs Report, Invoice, aid Supporting Documentation to SANDAG at: sgatgLrants( sandag.orq Sign and scan the completed Quarterly Progress Report_ Submit it in PDF form Sign and scan the invoice statement. Submit it in F'DF form Submit supporting documentation in PDF form. Submit the completed Excel work -book ma imidmisila.hir Files in excess of 6MB should be subrnitted.vFa: htt s:llsantiag.we#rartsfer.com 43 PART': STAFF COSTS Personnel Star Person A Staf/ Person B Star Person C [INSERTADDITONAL LINES AS NEEDED] Tirne Period mm/ddlyy to mm/dd/yy mm/dd/yy to mrn/ddiyy mm/dd/yy to mm/dd/yy Hours hourly Rate 10 $ 10 $ 10 $ Amount Documentation Attached? 100 00 $ 1,000.00 YES/NO 100 00 $ 1,000.00 YES/;NCB 100 00 $ 1,000.00 YES/NO PART 2: CONSULTANT/CONTRACTOR COSTS Consultant/Contractor Consultant XYZ Consultant XYZ Consultant XYZ Outreach Organization ABC [INSERTADDITONAL ONES AS NEEDED] Invoice No. Invoice Date Description of Costs Amount Documentation Attached? 1 1/1/2014 Professional services iar the $ 10,000.00 YES/NC, month of January 2014 2 2/1/2014 Professional services for to $ month of February 2014 3 3/1/2014 Professional sermces.far the $ month of March 2014 1 3/1/2014 Outreach from January 2014 to $ March 2014 10,000.00 YES/NC 10,000.00 YES/NO 10,000.00 YES/NC PART 3: OTHER COSTS Vendor Vendor A VendorB Ven.lorC [INSERT ADDITONAL ONES AS NEEDED] Invoice No, Invoice Date Description of Costs Amount Docurne ntation Attached? 1 1/1/2014 Printing costs for January 2014 $ 100.00 YES/NC 1 2/1/2014 News Announcement for $ 100.00 YES/NO February 2014 Workshop 1 2/28/2014 Snacks for February 2014 $ 100.00 YES/NC Workshop 45 lb; From: TRAIVSNET SMART GROWTH INCENTIVE PROGRAM INVOICE SUCK MU[(FIERJLE SAN L AG 401 3 Street:, Suits 9DO San Di:ago, CA 82101-4231 Kama Address Project Name: [PROJECT NAME] Contract Number: 500XXX Grant Invoice Number: Billing Period: FROM Inwice Date: DATE Grant Award: $0.00 Balance Remaining $0.00 TO TASK i ,_Previous Balance Current MM/DDIYYYYto MMIDDMYYY Total Expenses SANDAC:Total Match Spent Rsiur,burerstl to Date Match to Data T3tai to Date Staff Coats Conseltar-=r Contractor Costs Other Caste This Invoice _.._ This Invoice This Invoice 1 RFP $0.00 $0.00 $O.00 . $0.00 $0,00 _ $0.00 $0.00 $0.00 $0.00 2 Existing Conditions Report $0.00 $0.00 $0.00 $0.00 $0.00. $0.00 $0.00 $0.00 $0.00 3 Public Outreach $0.00 $4.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 Draft Plan $0.00 $0.00 $0.00 $0.00 $4.00 $0.00 $0.00 _ $0.00 $0.00 5 Final Plan $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Current Expenditures: $0.00 Total Amount Due this Invoice: $0.00 Less 1 O% RetE oticiri: $0.00 Ailatth 'Yl, Mat S.r+ Date: 4DlVI01 Total Project Budget `, (Grant +MAW' Task 1 $0.00 Task 2 $0.00 Task 3 $0.00 `rank .4 $0.00 "flask a $0.00 OTAL $0.00 Grant: $0.00 hatch: $0.00 rtANDAG iANIDAG - Contrlbutlon °A i#DNJO! Required Match °A #DIVI01 46 CERTIFICATION OF GRANTEE I hereby certifythat the above costs were incurred in performance of the work required under the grant and are cor:sistentwith the amounts evidenced by attached supporting documents and ependitures. Signature Printed Name and Title Gate 47