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Home My WebLink AboutCC RESO 2015-26RESOLUTION NO. 2015 — 26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE DOWNTOWN — WESTSIDE WAYFINDING AND COMMUNITY GATEWAYS PROJECT, ACCEPTING THE TERMS OF THE GRANT AGREEMENT WHEREAS, $12 Million ($12,000,000) of TransNet funding for capital and planning Smart Growth Incentive P wyrarn projects Is available to iocai jurisdictions and the County of San Diego from Fiscal Years 2014-2016; and WHEREAS, the City of National City wishes to receive $825,000 in Smart Growth Incentive Program funds for the Downtown — Westside Wayfinding and Community Gateways Project ("Project"); and WHEREAS, the City of National City understands that the Smart Growth Incentive 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 National 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 Smart Growth Incentive Program funding in the amount of $825,000 for the Downtown — Westside Wayfinding and Community Gateways Project. BE IT FURTHER RESOLVED that, if a grant award is made by SANDAL to fund the Downtown — Westside Wayfinding and Community Gateways Project, then the City of National City commits to providing $200,000, 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 City of National City agrees 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, Q15. Ra1T1 'orison, Mayor ATTEST: APPROVE AS TO FORM: t:eh/1 Ili :41e Itt'l Iri Mich el R. Dalla, ity Clerk u.,1ia Gacitiia ' ilva Attorne y Passed and adopted by the Council of the City of National City, California, on March 17 2015 by the following vote, to -wit: Ayes: Counciimembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: Noise. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California f.4,rAilit City lark of the City o National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-26 of the City of National City, California, passed and adopted by the Council of said City on March 17, 2015, City Clerk of the City of Nationai 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 cERT AGErucwrEii,Ric +!r r o! ! AMEi REGARDiNG [INSERT FULL PROJECT TA - -I THIS GRANT AGREEMENT [AGREEMENT NUrvlBER] (Agreenien# is made this [Day] day of [Month], 2015, by and between the San Diego Association o .ei rnr'fcnts,.401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAG,4in 'the [Graritet..ecipient and Address], hereinafter referred to as Grantee. This agreement expif-es pn [Month] [Dayj [Year]. Note to Grant Recipient This Agreement Temper covers praovisions for .oth the SGIP and ATGP. Prior to contract execution, the GrantAgxeeeme# t will be tailored t 3 reflect the applicable grant program. , Note to SANDAG Contracts Staff Prior to internal rout t references to SGIP and ATGP 4. should be updated as applicable. The following recitals are a substantive part Of.this Agi n. Note to SANDAG Contracts' Staff: Select eritheptvGrP Recitalls or ATGP Recitals. Smart Growth Incer tive'Progra `(SGIP) Redtafs (A — J): • A. The SANDAG Boar pf Directott•aiiocates furls under the TransNet local sales tax program to support local transPbOatiPn7relat infrastru Lure projects in the San Diego region through a • COn] t1Ve :process. B. '#ire 'ar]sNef Ex't r sion Or ante contains provisions to fund the Smart Growth incentive s. Program (56111), whlai dundingt a n on April 1, 2008. The SGIP encompasses projects that btr integrate trantation and land use and recognizes the comprehensive effort to integ;.rate smart growth pace making, access to transit, and environmental justice. C. In Januai'y 2O10, the•SANDAG Board of Directors approved Board Policy No. 035 — Competitive 3re.rt Prnn�osa+ br.4+^r.r3t rc5 (Board Policy No which 1. r_r .,y. � L,....., ,a.,u�,. �.«Y ,m�,. 035), vb� �� s Included as Attachment B. This Grant Award, Agreement and the Grantee's performance thereunder are subject to Board Policy No. 35, which ncludes 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 Call 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, Projec.t 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 ID required to complete Recital G, below. Grantee's Project is funded with [insert dollar amount] in TransNet SGIP funds and the TransNet MPO ID for the Project is [insert iD number]. H. The purpose of this Agreement is to establish the terms andsnditions for SANDAG to provide Grantee with funding to implement the Project. •- • I. Although SANDAG will be providing financial assistsace`to Granteeto support the Project, SANDAG will not take an active role or retain subantial control of Project. Therefore, this Agreement is characterized as a funding agreement rather than a o perative agreement, J. Grantee understands that TransNet funds derive from r taWW.transactions and use tax revenues which fluctuate. SANDAG's funding commitment to SCP Projects, including this Project, is subject to these fluctuations, whi nazi impact funding-vailability for this Project. Active Transportation Grant Program'+ tGP)' !I'# s .(A — , A• The SANDAG Board of p irectors allocates funds.ut#derTe TransNet local sales tax program and the Transportatitin Development A ]<T }t support local bicycle and pedestrian transportation priiects intke San Diego Won through a competitive process. • B. The TransNet Ektention Orclihance containsn'nvisions to fund the Bicycle, Pedestrian, and Neighborhood Safelkr Fro,gfarnA8PN5P),„whicipriding began on July 1, 2008. The BPNSP encompasses, bicycle aid pedestrianve projects and recognizes the comprehensive effort to Ai- grate smart,grot place making ccessto transit and environmental justice. C. Article 3 of the TD provides )4ndu,g for Bicycle and Pedestrian Facilities and Programs. D. Together the TransNe f BPNSP and TDA Article 3 funding are commonly referred to as the SANDAG Active Transportation Grant Program (ATGP). E. In January.201.0, the' ANDAG Board of Directors approved Board Policy No. 035 —Competitive Grant Progr'c1 'Pr-6cedUres (hootd'uiicy No. 035), which is included as Attachment B. This Grant Award;reement and the Grantee's performance thereunder are subject to Board Policy No. b35, which inciudes muitipie use it or lose it" provisions. F. The SANDAG 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 Call 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. F1lote to SANDAG Contracts staff: Before finalizing this agreement for internal routing, obtain from SANDAG Finance and Planning staff the TDA Claim Number or TransNet MPO 1D required to complete Recital 1, below. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount[ In TramArPt BPNSP fi nrys Anil [Insert do!!er ar ^urnti. in TDA funds, and the TransNet MPO ID for the Project is [insert ID number] and the.thA Claim Number is [insert claim nurrlberj. d. The purpose of this Agreement is to establish the terms nd"con provide Grantee with funding to implement the Pr : ins for SANDAG to K. Although SANDAG will be providing financial.atssistance to Grantee to support the Project, SANDAG will not take an active role or retainubstantial co.ntrol of the PrOj#ct Therefore, this Agreement is characterized as a funding agteement.pither than a cooperative agreement. L. Grantee understands that TransN tfundsderive from ret 1 transactions and use tax revenues which fluctuate. SANDAG's funding clittnitriverit to ATGP‘Projects, including this Project, is subject to these fluctuations, which`rfiay impat-t,tviidang availability for this Project. NOW, THEREFORE, it is agreed as follows: I. DEFINITIONS A. Application. The and] dated grant application, including any amendment thereto, with all explanato r, suppsrting, atigsuppleiveptary documents filed with SANDAG by or on behalf of the Grantee..and aecepteel.or approved by SANDAG. All of Grantee's application materiels, not i confliavith this Agreement, are hereby incorporated into this Agreement , though fufly tforth herseik ' proval, Autir *tian, Concurrence, Waiver. A written statement (transmitted in tjewritten hard cop or electronically) of a SANDAG official authorized to permit the Grate to take or on- t an action required by this Agreement, which action may not be taken or omitted without mach written permission. Except to the extent that SANDAG determines otherwise to writing, such approval, authorization, concurrence. or waiver permitting the performance:NT:Ofi1: ,ion of a specific action does not constitute permission to perform or omit other similar'gctions. 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 currently 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 wilr 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 [SLIP 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 describes# in the Scope of Work. Grantee shall not proceed with the work and shall not be elig il.zde to receive payment for work performed prior to SANDAG's issuance of a Notice to ['ftsed. G. Subgrantee. Any contractor or consultant, at any tier,, ki dinagtly or indirectly with funds flowing from this Agreement for the Project. II. PROJECT IMPLEMENTATION A. General. The Grantee agrees to carry out the'P4tiect as foi#o :►s: 1. Project Description. Grantee agrees to perfoir tf work as described in the Scope of Work included as ;RVtath..rnent A. 2. Effective Date. The effective.dateef.thts•Agreement,prany amendment hereto is the date on which this Agreement or,an amanit a is fullyxcecuted. The Grantee agrees to undertake Project work proMiatily after Ming i notice to Proceed from SANDAL. 3. Grantees spas . The Grantee..,agt esto maintain or acquire sufficient legal, financia , t :chnical, ar cf rianagerial apacity to: (a) plan, manage, and complete the Project ar4 provide fol-the use of any' Project property; (b) carry out the safety and security aspects of the Project; and (c) amply with the terms of the Agreement and all applicable law ,.regulations; $nd.poiacies pertaining to the Project and the Grantee, -Including but no 1jtn ed to the rrinslkiet Extension Ordinance and Board Policy No, 03 . tc0.©yc' . S+caS. Ute,. The C i tee agrees to complete the Project according to the Project 5chedufe-included in Attachment A and in compliance with Board Policy .No; 035, as amended, and included as Attachment B. 5. Pr*Ct.hnplaitentation and Oversight. Grantee agrees to comply with the 'rrojett.;t ntet+tation and Oversight Requirements, included as Attachment C, and Board Pdkc}:o. G35, as amended. 6. Changes to Project's Scope of Work. This Agreement 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 ATGPj scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in Toss 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 [SLIP orATGPj 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 ATGPi 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 community groups, other agencies, -and eieiled officials. h/e. Grantee agrees to assist SANDAG with media or community events reiated to the.Project, such as ground breaking and ribbon cutting. Press materials shall be,Orv'+ ed to SANDAG staff before they are distributed. SANDAG logo(s) should be in&t.:Iedirypress materials and other project collateral, but may never be included _.si. h docuthcep s. without advance approval from SANDAG. As part of the quarterly reports submitt d to SANDAG .the Grante'eNaprees to provide project milestone information to suppoitm is and-tprnmunications forts. SANDAG reserves the right to use the information p v`ided` t the Grantee for any.combination of the following, including but not limited to:`s ciai. media posts, online photo albums, videos, press releases, Powe otritpresentations,. '•updates, newsletters, and testimonials. In submitting ptitbs,to SANDAG, theantee agrees to release the rights of the photos to SANDAG for #,s`use` 8. Project Signage and Designation of Triri.sNet,Fueided Facilities. Each capital project in exec of $250,000 fungi ioi hele or in part by revenues from the TransNet Extension ,CiklinafiChail be clearly designated during its construction or implemOtatiOn as be`rhg provided by revenues from the TransNet Extension Ordinance. Grantee agrees to fotiowtheProject Si[ page Specifications. SANDAG will provide sign specifications.Gtarntee agrees-t fo low sign specifications and submit proof files to SWAG for. _apprOvti;before printing. Baseline data Collection. For capital projects, Grantee is required to coordinate with SANDAG staffthe development of a baseline data collection plan in accordance with the Projec,rnplementation and Oversight Requirements. B. Application of Laws . Should a federal or state law pre-empt a local law, regulation, or the TransNet{E t: sion,-Ordanance, the Grantee must comply with the federal or state law and irnplernentii'l ,t viations. No provision of this Agreement requires the Grantee to observe or enforce compliance 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. SANDAG's [SGIP orATGPj Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG 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 prevaiiing wage laws consistent with Labor Code Section 1720, et seq. This Agreement requires Grantee's compliance with all federal. state. and local laws and ordinances as applicable. D. Significant Participation by a Subgrantee. Although the ,Grantee may delegate any or almost al! Project responsibilities to one or more subgranteas; the Grantee agrees that it, rather than any subgrantee, is ultimately responsible fgr'COmpliertee with all applicable laws, regulations, and this Agreement.:� Third Party Contracting. Grantee shall not avrd contracts over three thousand dollars ($3,000) on the basis of a noncompetitive prournent for wprk to be permed under this Agreement without the prior written approval f SANDAG toritracts award d by Grantee, if intended as local match credit, must meet the rec[talffaset forth in this Agreement regarding local match funds. 1. If Grantee hires a consult nt<t carry out professignal_ services funded under this Agreement, Grantee shall'l�''epare Independentcoit Estimate (ICE) prior to soliciting proposals; publickivertise Meting proposals for the work; use cost as an evaluation factor irk sefectirl be co sult; document a Record of Negotiatiprf(ROl) establishin6 thane amount paid by Grantee for the consultant services:ls.ffair-aatei;reasonable; and pass through the relevant obligations in this Agreement to the%onsultant. 2. If Grantee.tires a corntractgrto carry out construction services funded under this _...Agreement;'Grantee shalltOrppare.an ICE (e.g., a construction cost estimate) prior to soltc ng. bids;`p#1biicly advertise for competing bids for the work; award the work to the Icivvpstrespo4kreand responsible bidder; document a RCN establishing that the amount pti+i by Grn e tor the construction services is fair and reasonable; and pass through he relevant obligations in this Agreement to the contractor. • F. Grates Responsibility to Extend Agreement Requirements to Other Entities 1. Entl! s.Aff 1. Grantee agrees to take appropriate measures necessary to ensure that drirtimt:participants comply with all applicable federal laws, regulations, and policies wing 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. Fllowdowri. The Grantee agrees to include in each document (subagreemert, !ease, 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 Seaiat,ikci Obligations to Third -Parties. In connection with ;:Ie Project, the Grantee agrees that SANDAG shall not be subject to any obligations or.ifabiiities to any subgrantee, lessee, third -party contractor, or other person or entity thane not a party to the Agreement for the Project. Notwithstanding that SANDAG may haveiontikrred in or approved any solicitation, subagreement, lease, or third -party contta$4.0any tom.„ SANDAG has no obligations or liabilities to any entity other than tl Grantee, inclu .r.g any subgrantee, lessee, or third -party contractor at any tier. H. Changes in Project Performance. The Grant a agrees to, otify SANDAG‘irmecliately, in writing, of any change in local law, conditions (ir utling* legal, financial, ortechnical capacity), or any other event that may adversely affact the -Grantee's ability to perform the Project in accordance with the tern s of.the Agreement nci as required by Board Policy No. 035. The Grantee also agrees t 0'SANDAG immetItatel.y, in writing, of any current or prospective major dispute, breach, default, -oit)a ,ation that's ay -adversely affect SANDAG's interests in the Project; and agrees td. tiform SAINDA :also in Writing, before naming SANDAG as a party to litigation for an t'eason,. ,aiy ft r lit. -.At a minimum, the Grantee agrees to send each•fiatICeto. SANDAG 'P qu, 1 by this subsection to 5ANDAG's Office of •General Counsel, "t`• Standard of Caere;The Gratee expressly VYarrants that the work to be performed pursuant to this Agreement'shalt-Wperfornidjilaccorclance with the applicable standard of care. Where. approval by SANDAG; its Exeotvehitector, or other representative of SANDAG is indiitated in the Scope citAktirk, it is understood to be conceptual approval only and does not • 'eye the Grantee of respility for complying with all laws, codes, industry standards, •ana liability for dalria,ages cause. v negligent acts, errors, omissions, noncompliance with +dr.Istry standards, okthe willful m sconduct of the Grantee or its subgrantees. III. ETi-i1KS A. Graz tee' 4e of n-duct/Standards of Conduct. The Grantee agrees to maintain a written code Yjf 4+t+ ct or standards of conduct that shall govern the actions of its officers, employees, cot cli or board members, or agents engaged in the award or administration of subagreements, leases; or third -party contracts supported with [SLOP or ATGP1 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 minimis rules where the financial interest is not substantial, 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 persona! gain. As permitted by state or iocai 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, council 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 third -party contract or subagreement supported by [Si,!P A;.-Gpj Funding it a real or apparent conflict of interest would be involved. Such a,Crrflict would arise when an employee, officer, board member, or agent, includiny+nember of his or her immediate family, partner, or organization that a i-i3' by3, pr.wtends to employ, any of the par -ties listed herein has a financial interest in* firm cdiiveting for award. • • 2. Organizational Conflicts of Interest./The grantee agrees thatts code of conduct or standards of conduct shall include prounes for identifying and prating real and apparent organizational conflicts of interOst'An orgarietional conflict of. interest exists when the nature of the work to be PekionAt under a proposed third -party contract or subagreement may, without some l:rktions on future activities, result in an unfair competitive adva ge-to the third-paitJ contractor or subgrantee or impair its objectivity in performing'Che'trac •work. .-_• ti B. SANDAG Code of Conduct. SANDAt has estabii0i4po1Jcies`ccincerning potential conflicts of interest. These policies apply to Gran tee. For41141rWa s byrSANDAG, any practices which might result in unl.a491fiiiactimity are prOibi,t08 incl'Jding,'bu't not limited tc, rebates, kickbacks, or ottle unitonto consideration. SANDAG staff members are specifically prohibited fro °i participatintj in the selectlir. process when those staff have a dose personal relationship, farm reIIationth ; or past (wii in the last 12 months), present, or potential business or employment r 1ati ns—rip.livith_a person or business entity seeking a contract with SAND. -It s.unlawfui; `pranycontra .tobe made by SANDAG if any individual Board rneitnbrzr orstaff h'a4sa prohibited financial interest in the contract. Staff are also ftrohibited from's kiting or€ceptinq gratuities from any organization seeking funding from • i9DAG, tiAi1ir`iAr,Cir! irArc ?r7a narvac anonYc �nrd Gn�r+J w 4 ^..,,c +� Y: :� .te .., ..._, shall „ot so„cit or apt gifts, gratuities favors, or'anything of monetary value from consultants, potential corigOttrits, or partiesd subagreements. By signing this Agreement, Grantee affirms that it has no nowiedge ofan _ethical violation by SANDAG staff or Grantee. If Grantee has any reason toeieve arrfrct of interest exists with regard to the Agreement or the Project, it should noti .fDAG Office of General Counsel immediately. E . Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its ESGiP or ATGP] 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 SANDAG will provide [SLIP or ATGP] Funding for the Project equal to:the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of i r= or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is 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 FUNDS Grantee has proposed to provide matching funds for the Proms anfore agrees as follows: A. Duty to Obtain Matching Funds. The Grantee agrees to provide sufficient funds or approved in -kind resources, together with the4G1P or ATGP] Funding awarded, that will assure payment of the actual cost of each Pr activitycovered bythis P Y � 'Agreement. The amount of matching funds and percentage(s) ofiTatchin2lunds Grantee shall, rovide are set forth in the Approved Project Budget. The GranteeAgrees to complete all proceedings necessary to provide its share of the -Project costs at o 0. ,ore the time the matching funds are needed for Project costs. r B. Prompt Payment of Matching Funds. The ntee agrees'ty provide the proportionate amount of the matching funds prom as it incyrs Profect.costS or Project costs become due. Each of Grantee's invoiresmust includ ,#ts pro te'matciing fund contribution as reflected in the Approved Project Buaget,.along wit smarting, descriptive and/or explanatory documentationAr The matching funds pr svided. C. Reduction of Ma sing hinds. The Granteeagrees that no refund or reduction of the amount of matching.funds airy- maide.unle&s; at the same time, a reduction of the proportional amount of:he'[SGIP or A PJlunding provided is made to SANDAG in order to rr a1 it +i the $►iaxirraurn Pe'teistage(s) of SANDAG Participation. VI. •�.` ROVED PROJ T \ • Except tb4he extent that SAfiiDAG determines otherwise in writing, the Grantee agrees as follows: The Granteeard. SANDAG hhve agreed to a Project budget that is designated the "Approved Project Budget ,Te Gran*Will incur obligations and make disbursements of Project funds only as authorized bi1t#�eApproved Project Budget. An amendment to the Approved Project Budget requires the issuancepf aformal amendment to the Agreement, unless the re -allocation of funds amo.r.g budget item .: c fiscal - that the .� items .+. ��r+-� years not increase 2O5E �LI�C lie:a! 2[i!t3Et+rt of tE le [SG1P or ATGP] Funding awarded for the ?rojcct, 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 SANDAG, 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 fAttidied by the matching share previously provided, or • 2. Take any action that would cause the proportion of[SG'3 or ATGP] Funding made available to the Project at any time to exceed tha;;petcen authorized by the Agreement for the Project. • B. Payment by SANDAG. Upon receiving a rectAstior payment and adett4Ote.supporting information, SANDAG will make payment, [chtfor projects w:rth TDA funding authorize the County of San Diego to make payment] for eligi a arno $ io Grantee with #lnirty (30) days if Grantee has complied with the requirements of the Agreement, including submission of a Quarterly Report which is incli,ided as Attac ;rr;err i .,Rs satisfied SANDAG that the [SGIP or ATGP] Funding requester s 0,electe4for Project Nrjatfses in that requisition period, and is making adequate progress ti we d- ettcompletion\torrsistent with Board Policy No. 035. After the Grantee has demo trated`sattsfactory compliance with the preceding requirements, SANDAG may reimburskthe Granieee`sarent allowable costs incurred consistent with the AppfeAred Project B`t iget,r NDAG sha4l-retain ten percent (10%) from the amounts invoi£d untiLsatisfactory cpion of work. SANDAG shall promptly release retention amountsto Granite following C%ar tee's satisfactory completion of work and receipt of Grant 'sfinal invicact and all rec]#a;red documentation. C. Eligible Costs. The Grantte agrees hat°P,roje�ct costs eligible for [SGIP or ATGP] Funding must'tomplyWith the fotiowing requiienlents, unless SANDAG determines otherwise in W'riti ig: T be d le for'riOribursement, Project costs must be: • Consistent with. the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement. • 2. Necessary in or ter to accomplish the Project. • 3. Reas ablefor the goods or services purchased. 4. Actual nef costs to the Grantee (i.e., the price pair.4. minus any refunds, rebates, 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 [TransNet or TransNet and TDA] Funding as part of the [SGiP or ATGP]. 9. Indirect Costs arc only alto aabrie with prior SANDAG Nrivi �raivvHu dL1lJ[VY2'JJ, Grantee must submit the following documentation as part of the grant application`; aterials: (1) an indirect cost allocation audit approved by a qualified independent. editor or (2) the applicant's proposed method for allocating indirect costs in a,c,Fordance with OMB guidelines. Indirect cost allocation plans must be reviewed a4d rene .2nnually. 10. Project generated revenue realized by the,Grontee shall be uti ed .in support of the Project. Project generated revenue andeipenditures, if any, shal 'be reported at the end of the Agreement period. D. Excluded Costs t. In determining the amount if [SOP or ATGP] Fundjn SANDAG will provide for the Project, SANDAG will exclur * a. Any Project cost incurred, by the Gr n eaebefore e t er the date SANDAG issues a Notice to Proceed to Grar .or the'iffectitie Date of the Agreement or any Amend/Kent Thereto; b. Any .Cost that isnot included in the latest Approved Project Budget; \ • c. Any cfor Prof property orices received in connection with a subagren it;, lease; t#rd-party Contract, or other arrangement that is required to be, but `a$ not been, concurred in or approved in writing by SANDAL; and Any oRstineligib for. SANDAL participation as provided by applicable laws, regulaN.: or po:id ., 2. ` . Certain costs at times associated with bicycle and pedestrian projects are not eligible "when the benef tprovided is not the exclusive use of bicyclists or pedestrians. These instance.s are.dfsted below. a. c anti gutter are part of the roadway drainage system. As such, new!y inst 1]ed curb and gutter cannot be considered an improvement exci'usiveiy 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 Grantee for any Project cost does not constitute SANDAG's final decision about whether tha . ost ps allowable and eligible for payment under the Project and does not constitute a waiiierOf,„...kry violation by the Grantee of the terms of the Agreement for the Project or Board cy NP4135.The Grantee acknowledges that SANDAG will not make a final drmination abr„.the allowability and eligibility of any cost until the final payment has'b en made on the Prgjector the results of an audit of the Project requested by SANDA 'pr Ili Independent TaxpayerOversight Committee (ITOC) has been completed, whiche:occurs I.rtest. If SANDAG determines that the Grantee is not entitled to receive any portion -Vibe -OOP or ATGP] Funding requested or paid, SANDAG will notify the Grantee in writing, stalkit3 reasons. The Grantee agrees that Project closeout will not alter the4rantee's responsibilitytn return any funds due to SANDAG as a result of later refunds, correct ns formance defiarikncres, or other similar actions; nor will Project closeout alter SANDAG',rsght tdtat1ow,costs a recover funds provided for the Project on the basis of a later audit Plcoiher review. Upton.notifitation to the Grantee that specific amounts are owed to SANDA ,,:vVhethe for exce&s payments of [SGIP or ATGP] Funding, disallows Costs, pi' funds recciveredfrorn third parties or elsewhere, the Grantee agrees to prompfiytemit ckSANDAG the .m tints owed, including applicable interest, N. penalties and ministrative!charges. VIII. ACCOUNTING RECORDS' -. y . ` . In compli tewJith applicable tikw .regulatiori3, and policies, the Grantee agrees as follows; A. .,/ Project Accounts,,The Grams agrees to establish and maintain for the Project either a \-rate set of accoiin s pr separate accounts within the framework of an established accht.ing system that+ran be identified with the Project. The Grantee aiso agrees to mairitjn documentation pf all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documernt`s related in whole or in part to the Project so that they may be clearly identified.`r : i.ly, croscihle, and available to SANDAG upon request anti to the. extent feasible, kep . parate from documents not related to the Project. B. 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 all reports required by law and regulation, policy, this Agreement, and any other reports SANDAG may specify. R. 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 be submitted to SANDAG must be prepared and submitted in electronic andlortypewritten hard copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be submitTeci in F artici liaar formats. C. Recrard Retention. During the course of the Project and for -three years thereafter from the date of transmission of the final expenditure report, the _rant�, agrees to maintain, intact and readily accessible, all data, documents, reports, ree¢rds, con`t d and supporting materials relating to the Project, as SANDAG may retire. • D. Access to Records of Grantees and Subgrattees. The Grantee agre tp permit, and require its subgrantees to permit, SANDAG oirkts authorized4epresentatives; upon request, to inspect all Project work, materials, payrolls, and 4 her da ; at d to audit the xbi oks, records, and accounts of the Grantee and its subgrantees pex Sini to the Project. E. Project Closeout. The Grantee eesthat Project closeout does not alter the reporting and F +. record retention requirements of t is Agree, F. Quarterly Reports. Grantee shall submit writtei quarbEriy reports to SANDAG detailing the progress of its work, expenditures incurred, and anforrriatl9nregarding whether the Project is projected to be co feted vvthin the liers,difine Approved Project Budget, Project Schedule and conslsterit with Board Policy No. 035 and any policy amendments thereto. Grantee shall docurpent the progrl sand results of work performed under this Agreement to thetisatisfactjon cif SANDAG. tills includes progress and final reports, plans, specifications, estimates, at d other:evt fence 0-attainment of the Agreement objectives, which-a?re ireq ested byANDAG or C,,,Grantee may be required to attend meetings of 5 DAE-sta f aod.commite ; including but not limited to 1TOC, the Regional Planning minittee, the lino+ nortatIbpromrnitfee and the SANDAG Board of Directors, to report on �, ere ^.r ogr ess and i esp r . to qu-e' lls• G. Communities Servef Data and Report. If requested, Grantee shall provide SANDAG with data r *,ding how tI e-Project's benefits and burdens were equitably distributed among socio ana-qcOnomi0ojiuiations in the area affected by the Project, and associated smart growth date..; . t. Project Completion, Audit, Settlement, and 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 to have financial and compliance audits per *med as SANDAG may require consistent with the TransNet Extension Ordinance. Tne: srantee agrees that Project closeout will not alter the Grantee's audit responsibilities. Aid#'t costs are allowable Project C05tS. , For IDA-funded projects: The Grantee agrees to have financial and corn lance audits performed a SANDAG may require consistent with Public Utilities Code S etae 99245, f&TDA funds; alti consistent with the TransNet Extension Ordinance for TransNet funds, _Tb Gntee agrees that.,Project closeout will not alter the Grantee's audit responsibtiltiei Audit costs are allowable Project cost. C. Performance Audit. The Grantee` grees.to topperate wit1SANDAG or ITOC with regard to any performance audit that is perfoed on`t1h„t pursua to the TransNet Ordinance. D. Project Closeout. Proje€t_closeout occ is:whati #iVDA6;#ptifies the Grantee that SANDAL has closed the Proje i, and, if applicable eJ .k & Torwards the final [SGIP or ATGP] Funding payment and of cknowle ges that the Grantee has remitted the proper refund. The Grantee agrees that Projectcloseout SANDAG donot invalidate any continuing requirements imposed by the Agreement'orany unmet rei iirements set forth in a written notification from SANDAG. r E. Project.VDse-. rantee wasawarded this Agreement based on representations in its grant `aireation regarrg the Pro `s intended use. if the Project is a capital project: Grantee hereby commits toinued use... of the Project for the purposes stated in its application for a pt r od.of at least five'uears after Completion of construction. SANDAG may require Grantee to rind SGIP funding provided for the Project in the event Grantee fails to utilize the Project its intended purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PROORESSAND RIGHT OF Srsaa'erirAsa TG TERMINATE A. Grantee shell !T ke diligent encl. timely progress toward completion of the Project within the timelines set forth in the Projec-i. Schedule, and consistent with Board Policy No. JJS 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 the delay in performance and the date 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. C. Upon written notice, the Grantee agrees that SANDAL, may suspend or terminate aii or any part of the [SGiP or ATGP] Funding to be provided for the Projt:if the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if A€ NAG determines that the purpose of the laws or policies authorizing the Project Al -not be adequately served by the continuation of [SGIP or ATGP] Funding for the Projeict.\:::' D. In general, termination of [SGIP or ATGP] Fundirig.for the Project will i' tinvalidate obligations properly incurred by the Grantee re the termination dat .:the extent those obligations cannot be canceled. If, however, SANDAG det_g mrnes that the G antee has willfully misused [SGIP or ATGP] Funding by failin'g,to m e_ dequate progress',' or failing to comply with the terms of the Agreement, SANDAGs the right to require the Grantee to refund to SANDAG the entire a1i ountof [SGIP or ATE Funding provided for the Project or any lesser amount as SANDAG rtay:tie trine. • E. Expiration of any Project time period -;established .Project'Ufiedule will not, by itself, automatically constitute an expiration +r #erm1 ion f, 'Agreement for the Project, however, Grantee raftrecuest and SAN .Gr'rneyagree to'amend the Agreement in writing if the Project Schedute wits.not be met. Ali amendment to the Project Schedule may be made at SANDAG's accretion if Grpntee's requesjjs`consistent with the provisions of Board Policy No. 035. . • XII. CIVIL RIaHTS.. The GrAntee agrees tsmply vir1Fa ail applicable civil rights laws, regulations and policies and shall inchkie: tie provisions of_.t ,5ectior ;2..in each subagreement, lease, third -party contract or other iegailyJ,n ding documentN4o perform'wwrk funded by this Agreement. Applicable civil rights laws, regulatiakia and policies inclkde, but are not limited to, the following: A. Nondbcriminatiorkz SANDAG implements its programs without regard to income level, disability>r ace,.colo , arid national origin in compliance with the Americans with Disabilities Act and Title io t} a Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the pub1T . "of their rights under these iaws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for Rini/ 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 sexual 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 Ch pt_ r 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into:thisAgreement by this reference and are made a part hereof as if set forth in full. Gram and its subcontractors shall give written notice of their obligations under this clause '#abor-tiF enizations with which they have a collective bargaining or other agreement. ` `,-•; XIII. OWNERSHIP OF WORK PRODUCT 1` SANDAG shall own any deliverables created in whom or in part:for SANDAG's benefit pursuant to the Scope of Work for the Project. The term "deliver les=` Includes, but is not -limited to, all original drawings, reports, photos, and other documents;tluding detailed calculations and other work product developed for the Project,d5r- Nices performed on the Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement sh 11 be interf r t i .M •-accordance with the laws of the State of California. _- - `-,. . R. Dispute Resolbltiori Procr;s. In the evit Grantee has a dispute with SANDAL during the performance of,tfiis.,Agreer t, Grantee''sxall continue to perform unless SANDAG informs Grantee in writini•to cea 0ehormance. The dispute resolution process for disputes arising under this Agreement s aH be asftIkwS . `i. 1 / A rit shall sub-mit 'a statement of the grounds for the dispute, including all pertinent ates. nark of persons involved, and supporting documentation, to SA��Y: G'S ": et , e.n fir. T he Project .,,anagei and other appropriate SANDAG staff will review the;do cumentation in a timely manner and reply to Grantee within twenty (20) calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may .Nbm:it a request for reconsideration to SANDAG's Executive Director. The request for reCeq-,micierati6r1 must be received within ten (10) calendar days from the postmark date of 5A DA s:.'reply. The Executive iDirector will respond to the request for reconsid`ation 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 attorneys fees, litigation and collection expenses, witness fees, and court costs as determined by the court. XV. ASSIGNMENT Grantee shall not assign. sublet, nr Transfer (whether by assignment or.fiavation) this Agreement or any rights under or interest in this Agreement. XVI. INSURANCE A� Grantee shall procure and maintain during the period o peiformance`Qf this Agreement, and for twelve (12) months following completion, policies... f: insurance frorra• insurance companies authorized to do business in the State of California'or.tthe equivalent types d amounts of self- insurance, as follows: `•, A. General Liability. Combined single limit of 14.080:-'per occurrence and $2,000,000 general aggregate for personal an,d._bodil y injury; inirr?g death, and broad form property damage. The policy must inclut4e can acceptable "Wa* . of Transfer Rights of Recovery Against Others Endorsement." The,pd ity,mu ..name SAN ;AG as an additional insured in the endorsement. A deductible or reten maY-be,,utflized, subject.to approval by SANDAG. B. Automobile Liability_,_For personal and bodil / njury; irlird ng death, and property damage in an amount not l-e s than 01,000,000. '°; C. Workers' Coripensation and Employers Liability. Policy must comply with the laws of the State of California. The' policy must in'dude an acceptable "Waiver of Right to Recover From Others Endorsement n au-g,SANDAG\as an additional insured. Other Requtreinents. rantee shall famish satisfactory proof by one or more certificates ,j#irlgiiial copies)_,that it has the foregoing insurance. The insurance shall be provided by an ac eptabie insurance provide(' . -as. determined by SANDAG, which satisfies the following in mum requiremeri 1. insurance carrier qualified to do business in California and maintaining an agent for serzace of prge~ s within the state. Such insurance carrier shall maintain a current A.IVII.vst ra1 ng classification of "A-" or better, and a financial size of "$10 million to $24 mi'lt Dn (Class 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 tiled 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 D. 28 (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall 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, assertW or established liability for damages or injuries to any person or property, including)0ryi to the Grantee's or its subgrantees' employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckI Ss,. or iliful acts or omissions of the Grantee and its subgrantees and their agents, officers,4r.eMpldtAie performing the work or services herein, and all expenses of investigatirig and defending; against same, including attorney fees and costs; provided, however, t tit tote Grantee's dutys indemnify and hold harmless shall not include any claims or liab' .rising frorr the establd sole negligence or willful misconduct of SANDAG, its Board ofors, ag&its;•officers, or epfoyees. B. Intellectual Property. Upon request by SANDAG;.,the •Grantee agrees to indemnify, save, and hoid harmless SANDAL and its &Qard of Directors;\ officers, agents, and employees acting within the scope of their official‘ciirns against any lia1$kty, including costs and expenses, resulting from any willful or inteona1--a s3Lation by the,:Gr-antee of proprietary rights, copyrights, or right of privacy, arisng out eff e-publication, translation, reproduction, delivery, use, or disposition of any dakfurnish `ah e,project. The Grantee shall not be required to indemniifr SA NDAG for any sticK liability caused solely by the wrongful acts of SANDAG employor gt e a s.` XVI1I. INDEPENDENTcDNTRACT A. Status of Grantee:lirarttee sp r hall f ern the services provided for within this Agreement as an indeencdertit contra . and not as $tl.'employee of SANDAG. Grantee shall be under the ntrol of SANDAG as to.result to be accomplished and not the means, and shall consult 5 }.. S A"!D AG as •p provider,' foi ;. the Scope of Work. The payments made to Grantee pursuant • 'e this Agreement si {it�e the'full and complete compensation to which Grantee is entitled. SODA G shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shall`t• be required' to pay any workers' compensation insurance on behalf of Grantee. Grantee••rees to ipnnify SANDAG for any tax, retirement contribution, soda! security, overtime &a mentor;workers' compensation payment which SANDAG may be required to make on behalf of i antee or any employee of Grantee for work done under this Agreement. B. Actions on behalf of SAMAG. 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 if 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 SANDAL and the Grantee. XX. PROJECT' a MANAGER The Grantee has assigned [INSERT PROJECT MANAGER NJAME1 s the Project Manager for the Project. Project Manager continuity and experience is deemed,ntrl in Grantee's ability to carry out the Project in accordance with the terms of this Agratament. tscantee shall not change the Project Manager without first providing written notice to.NDAG. \ . XXJ. NOTICE Any notice or instrument required to be given or delivered bit* Agreement'ay be given or delivered by depositing the same in any United States3lostbffice, registered or certified, postage 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 NAND [LOCAL AGENCY ADIS] Attn: [LOCAL AGENCY" 1 JECT NANA-6ER] Notice shall be.aeffective upon receipt there. Note,ft6NDAG`itacts S'; After receiving this original agreement back from the irl.rzi,titte and before . g ti.eyc►r$ginal agreement for final SANDAG "yveff signatures; confirm with SANDAL`` nce ands`' Planning staff that the applicable ATIP has been approvW. 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 ASSOLIAI ION OF GOVERNMENTS [INSERT JURISDICTiON] GARY L. GALLEGOS OR DESIGNEE Executive Director APPROVED AS TO FORM: Office of General Counsel 31 „#Wl1 iganriel [Title] APPROVED AS TO FORM: 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, ETCIII TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS) (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGE TrarfsiVet MPG ID NO. 32 ATTACHMENT B 6,1111L2g1por COMPETITIVE GRANT PROGRAM PROCEDURES Appilcarada6;w and Purpose of Policy This Policy applies to all grant programs administered through SDAG, whether from TransiVet or another source, including but not limited to the Smart Growtf`i incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior`lfri Grt..Program, Federal Transit Administration grant programs, and Active Transportatiori`Granit Program; • Nothing in this Policy is intended to supersede federal or state grant rules, rerguiations, statutes, or contract documents that conflict with the redualtinents in this'Policy. Therere never enough government grant funds to pay for all of the projects irthy funding in the *Diego region. For this reason, SANDAG awards grant funds on a compet$4 basis that takes the grantees' ability to perform their proposed project on a titney basis into acent,.SANDAG intends to hoid grantees accountable to the project schedules ,they, heye proposed`irt .Order to ensure fairness in the competitive process and encourage gran'4ee to gettfteir project'.jinplemented quickly so that the public can benefit from the project deliverables as si n.apossible. BOARD POLICY NO. 035 Procedures 1. Project Milestone and Completion Dead1 net 1.1. When '10ning a j rant _agreemetit. ,for a competitive program funded and/or administered by SiANDA4grant ecrpients Pm rst agree to the project delivery objectives and schedules in the agr rent. Jn additipp, a grantee's proposal must contain a schedule that f s Withick,thefpllowii 'deadlines. Failure to meet the deadlines below may result in Vocation of'a;J rant funds not already expended. The final invoice for capital, planning, operations orariliinust b.ii,ibinitted prior to the applicable deadline. Sl • : 1.1.1. Fundljng for Capital Projects. If the grant will fund a capital project, the \ project must be completed according to the schedule provided in the grant greement,'but at the latest, any necessary construction contract must be awarded *a,n_.Wiz; years fall_ w:_g eiCcutiorii of the grant agreement, and construction must* completed within eighteen months following award of the construction contra: Completion of construction for purposes of this poiicy shall be when the prune 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. 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 shadl 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.!f thegrant will t' the fundoperations, project must be completed according to the scheduie provided in the grant agreement, but at the latest, any necessary services contract tor operations must be awarded within one year following execution of the grant agreement, :and the operations rriusi commence within six months following award oj.` a operations contract. If no services contract for operations is necessary, the, perretions project must commence within one year of execution of the grant agreirnent , 1.1.4 Funding for Equipment or Vehiclesf <rants. if the grant will fund equipment or vehicles, the project must be complefd:according to the stedule provided in the grant agreement, but at the latest/ nypecessary purchase contractsfor equipment or vehicles must be awarded withih.,one year.,•fo1(9wing execution of the grant agreement, and use of the equipment or;u ides for the benefit of the public must commence within six months following award of the purchase contract. mot._ 2. Project Milestone and Completion.Deediine,.Extensions'. 2.1. Schedules within grant agments May l=idude pr scopes and schedules that will identify interim milestones in .edcJition -tsi(th.f244-tieXribed in Section 1 of this Policy. Grant recipients rr,j,ay naive extensioq 'aryr'pr4ct.,schedules of up to six months for good cause. Ex sions.tjf;uap to six mnntcl ggregate that would not cause the project to miss a compiet4ori deadl rte' in Section:; 1.,may be approved by the SANDAG Executive Director. Exten ons. beyond rix_months aggregate or that would cause the project to miss a completion deadl4e in $ectit 'J 1'nust be `proved by the Policy Advisory Committee that has been delegated a :hecessaiy autdrity by the Board. For an extension to be granted queer this Secti n 2, the.foilowing conditons must be met: 2.1.1, forleartensiquests of up to six months, the grantee must request the extension i-Writing to.`e SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension ht uld beyented. The Executive Director's action will be reported out to the Board lie. o1 owifig rnonth's report of delegated actions. 2.1.2. ' i' 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 vvith!n 30 days. Unexpended funds are funds for �t 1 ro'e. costs not incurred prior to resection of the extension request by the N 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 wiii cause a project to miss a completion deadiine in Section 1 (including those projects. ; t .�•crc already granted extensions by t!ie Executive Director and are again fai,j g .behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAL Program Manager. 3.2 A grantee seeking an extension must durnent previers'efforts undertaken to maintain the project schedule, explain the re ns'for the delay, 1pin why the delay is unavoidable, and demonstrate an ability toAikceed in the extended tihke frame the grantee proposes. The grantee must provide the very inforrrion to SANDAL staff to place in a report to the Policy Advisory Committee. '1f; iffjcit .,time is available; :and the grant utilized TransNet funds, the request will first`iiie taken to the Independent Taxpayer Advisory Committee (ITOC) c t : a_ recommendation+:. The grantee should make a representative available at the ti-ao present ie.information to, and/or answer questions from, the ITOC and Poli -AdVisory Cdrornittee. 3.3 The Policy Advisory Committee will on».graniit ai'extension under this Section 3 for extenuating circurnstarites that the g**ite Id not have reasonably foreseen. f 4. Resolution aqd".Execution of the Grant Avvement 4.1 Two weeks prior,to.the review by\the Policy Advisory Committee of the proposed grants, prospective arf~t-ees m kita ..oesOlution from their authorized governing body thatialtide3 the prof ions in this -Suwon 4.1. Failure to provide a resolution that meets tiTe cequirer in this\Subsection 44.1 will result in rejection of the application and the application wiiie_droop4l. from consideration with funding, going to the next project as by the a vu ya. on corivAtee. In order to assist grantees in meeting this resolution `eadJine, when SAIktAQ issues the call for projects it will allow at !east 9.0 days for grant ap tcOtion submission. Gral atee governing body commits to providing the amount of matching funciS.setiorth 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 SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirernents 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: January2010 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 timely manner if there are any changes to staff assigned. 2. Baseline Data C_oliection: Prior to the construction of grant -funded improvements, the Grantee is responsible for developing a baseline data collectio.fi plan with SANDAG to gather information on pedestrian and bicyclist activity. At a minijiurn,.. data should be collected for observed bicycle and pedestrian volumes, behavior, and attiteide in oject area. Once the data collection plan is approved by SANDAG staff, the Grantte'i!s responsib{for carrying out the plan and returning collected data to SANDAG as a delivpra1ble. Standardized forms required for data collection will be provided by SANDAG. i N„ Grantees are encouraged to use the National 13icj 4e-anc9.•Pedestrian Documentation Project methodology and plan for the following: • Conduct counts prior to project' ccn `ruction, during"Alational Documentation Days in the second week of September. SuppleFnet counts an • rnreys can be conducted during January, May, and July to provide staSonardet0,111slesired. Conduct counts for two hours, at pepic.timeiC re-lative•tp the facility. For example, facilities attracting utilitari n trips should be tpu d,on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., witereaSiaagies attractin6,recceational trips should be counted on a Saturday, from 9 to 116k.txi .. ` In the case that the ab'bve tirr3efra s, are-tieemtd infeasible due to the project schedule, the Grantee and---SANDAG will.,; collaborate' an` alternative data collection methodology and proced. A skset.of Grantees rray ibe seiectPtj 3rsr in-depth evaluation by SANDAG, in which case, SANDAG will col duct the data colleen effort ti '.th required participation from Grantee staff. Such in-depth evaivati -conducted by SANDAG will take place solely for the purpose of SANDAG Active Trarnsp*ctation data; collection and monitoring efforts, and will not impact Grantees' budgets. Grantees should pia to.dget five thousand dollars ($5,000) for data collection. For questions or assistance with dat�; e 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, 6C 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 podestrianlbicycle facility and smart growth design standards. 5_ Quarterly Reports and Invoices: Grantee must submit quarterly reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated prtsg;ess next quarter, pending issues and actions toward resolution, and status of budget and scidule. Furthermore, the Grantee agrees to provide project milestone information (such as preserit-tigns,to community groups, other agencies, and elected officials, ground-breakings, and ri ort.cutf •.. to support media and communications efforts. 6. Media and Community Outreach Coordination: Press materials shall be ovided to SANDAG staff before they are distributed. SANDAG logos)<tfould be included in press rh ttrials and other project cofiateral. Furthermore, the grantee agrees 'to. provid project milestone formation to •• support media and communications efforts. 7. Photo Documentation: Grantees ate ronsible for the following photo documentation: • Before and after photos, which .*ould‘be.taken.. from srr> ilait• angles to showcase how a particular area has been transforrn6ti over Project milestone tos (such as grow 4-breakings and ribbon -cuttings). I, Photos taken tlIfoUgliOdt,coilstructionphases and throughout the length of the project. Photos should belhigfiresolutiOnlat feast 4 iri hes by 6 inches with a minimum of 300 pixels per inch) and contain captions .Itn 'sject.descrii1tions, dates, locations, and the names of those featured, [_appropriate`:.,. • 8 Pro :Siignage!,j arh. proje or program in excess of $250,000 funded in whole or in part by re_v a€jeg.'FrornhTry ni.er .f.xte.4.k Ordi ne .cc shall be dearly designated during its construction or 6i .s j eritation as beilio provided, y such revenues. SANDAG wiii provide sign specifications. Grantee'Agrees to follow si.n.$pecifications and submit proof files to SANDAL for approval before printing. ~`• , 9. PerfoPanan2ki knit SANDAG staff may measure performance of the constructed capital improvements agartl ttd project objectives, and evaluate 'ihe overall grant program. Grantee is expected tomeet wilt e 5ANDAG staff to identify relevant performance measures and data sources. and provide available data and feedback regarding the procram 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 (Atta ent A). 3. Quarterly Reports. Grantee must submit quarterly: reports to SANDAG, detailing accomplishments in the quarter, anticipated progress nex .:'quarter, pending issues and actions toward resolution, and status of budget and schedule. 4. Stakeholder and Community Meetings. Grantee must provide SANDA with advance notice (preferably within two weeks) and agendas of aft stakeholder and commuri y 'meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings'ks appropriate. 5. Media and Community Outreach Coordination. Preis materials shall be provided to SANDAG staff before they are distributed. SAN `iogo(s) should be.jncisided in press materials and other project collateral. Furthermore, the Gr rtee:,a es to provide p oject milestone information to • support media and communications effor, . 6. Photo Documentation. Grantees are re nsible#rg_ftv.ng photo documentation: N Existing conditiods phs, which shoid irate the current conditions of the project site and demonstrate: ie need.for improver . ac lities ▪ Project miletiane .photos...tsclCh as work tops, presentations to community groups, other agencies, and ele ed off c ah) - --- �} ' Photos Photos shouldbe high resold om.(at least4-40es by 6 inches with a minimum of 300 pixels per inch) aria contain -motions wilt project descriptions, dates, locations, and the names of those featued; if appropriate.., 39 s ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and TransNetlTDA Active Transportation Grant Prograsta Quarterly Report Report Submittal Date: [Insert] Reporting Period: [insert - Example: FY 2014, Quarter 1 J • 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 REP and convened a selection panel of 5 members from the City, MTS, NTCD, and SANDAG 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 February/March 2014 timeframe. • Task 3 -Etc. • Task 4 - Etc, 2. Deliverables Produced This Reporting Period [INSTRUCTIONS: Summarize the deliverables produced during :his 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 REP Submitted in December 2014. • Approved Consultant Contract and Kick -Off Meeting Notes - Submitted with this report. Please see accompa:iyin j list of attachments. 3. is there an accompanying invoice for this period? 40 [INSTRUCTIONS: Indicate YES or 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 Attachments [INSTRUCTIONS: List any deliverables or invoice documents attached to this report. Attachments over 6MB should be sent via WeTransfer.] WeTransfer Link: httpsi/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 Of Different from Grant Scope of Work) NTP Date Task 1 [mrn/cid/yt/1 [rnr//dd/yy]. [ '., Progress/ Completed/ Not Started] I [On Time/ Delayed] [rpm/cidfyy] [rim/dd, y] Task 2: Policy No. 035 Milestone [mm/dd/yyl [rnmldd/yy] [In Progress/ Completed/ Not Started] [On Tirnef Delayed] Imm/dd/yyj [mm/dd/yy] Task 3: Policy No. 035 Milestone [rnmlcddfyy] [mr idd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] (mm/dd/yy] [mm/ddlyy] • 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 tatter; tic resolve issues. If an amendment i; needed, provide_ justification and check the appropriate box be!ow.; Q No amendment requested at this time Q Amendment requested to*: Q 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 I NVQICE giISTRUC TIQ('a Step 1: Complete the Quarterly Progress Report, Reimbursements cannot be made without a completed Quarterly Progress Report. Step 2: Gather Documentation for Staff Costs, Consu9tantrContractor Costs, and Other Costs. Provide SANI)AG 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 proof of payment can be eit he- a copy cf the check provided to the consultant or printout from 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 proof of payment The proof of payment can be either a copy of the check provided to the contractor or a printout from the project's financial accounting system showing that funds were disbursed. Other costs should be supported by either en invoice from the vendor or a receipt AND must be accompanied by a proof of payment. The proof of p.:.yment 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 disbu ed. Clearly identify (i.e., highlight or circle) all grant -related expenses on documents that include non -related costs. Stela 3: Complete the Expense Summary. Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurred dung 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 ant make sure all sub -totals have been calculated correctly. Step 4; Complete the Invoice Statement. Enter the costs for each tsk (calcu]ated In Step 3) into the appropriate cells of the Invoice Statement. The SANDAG contribution, 'mach contribution, and retention amounts should automatically calculate. Enter previous; costs by task into the appropriate cells of the spreadsheet. The remaining grant balance should automatically c:.Iculate, Step 5: Submit Quaiterly Progress Report, lnvoice,andi Supporting Documentation to SANDAG at: sgatorants1 sandaq.org Sign and scan the completed Quarterly Progress Report. Submit it in PDF form Sign and scan the invoice :statement. Submit it in PDF form Submit supporting documentat'ori in PDF form. Submit the completed Excel workbook. Files in excess of SMB should be submit'i 3cd via: https://sandag.wetransfer.com 43 mMif PART 1.1 STAFF COSTS Personnel Tinge Period Hours Hourly Rate Amount Documentation Attached? Staff Person A mmfdd/yy to mm/ddiyy 10 $ 100 00 $ 1,000.00 YES/NO Staff Person B mm/dd/yy to mm/dd/yy 10 $ 10000 $ 1,000.00 YES/NC) Staff Person C mm/dd/yy to mm/dd/yy 10 $ 100,00 $ 1,000.00 YES/NO [INSERT ADDITONAL LINES AS NEEDED.) PART 2: CONSU LTANT/CONTRACTOR COSTS- Consultant/Contractor invoice No. Invoice Date Description of Costs Consultant XYZ 1 1/1/201.4 Professional services for tha month of January 2014 Consultant XYZ 2 2/1/2014 Professional services for the month of Febnaary 2014 Consultant XYZ 3 3/1/2014 Professional semces•for the month of March 2014 Outreach Organization ABC 1 3/1/2014 Outreach from January 2014 to March 2014 [INSERT ADDITONAL LINES AS NEEDED] PART 3: OTHER COSTS Amount Documentation Attached? $ 10,000.00 YES/NO $ 10,000.00 YES/NQ $ 10,000.00 YES/NC $ 10,000.00 YES/NO Vendor VendorA Invoice No. Invoice Date Description of Casts Amount Documentation Attached? 1 1/1/2014 Printing costs for January 2014 $ 100,00 YES, NO 2/1/2014 News Announcement for $ 100.00 YES/NO Vendor B February 2014 Workshop 1 2/28/2014 Snacks for February 2014 $ 100.00 YESfNO VendorC Workshop [INSERTADDITONAL LINES AS NEEDED] 45 fa: TASK Existin. Conditions Re•ort Public Outreach Draft Plan 5 Final Plan TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE SUCKt MUKHMIEIE SAN DAG 401 B :treat, Suite 800 San Diego, CA92101-4231 !dame Address Fteiirbureed to Date Previous Balance Match to Date $0.00 $0.00 $0.00 _$0.00 _ _0.00 $0.00 _$0.00 $0.00 $0.00 $0.00. Total $0.001 $0.00 Project Name: PROJECT NAA+EJ Contract Number: 500XXX Grant Invoice Number: Billing Period: FROM Invoice Date: DATE Grant Award; Balance Remaining $0.0G $0.00 TC Total to Date $0.00 $0.00 $0.00 $0.00 0.00 $0.00 Current iolhVDOPNYyto IMMJIXW YYY Staff Costs $0.00 $0.00 $0.00 $0 00 $000 $0.00 Consultant Or Contractor Coats $0-00 Total Protect Budget Grant + Match) Teak 1 I ask 2 tTask 3 Tassk 4 task 5 1 OTAL $0.00 $0.00 $0.00 $0.00 $0.00' $0.00' iANDAG Grant: *.00' &latch: $0,00 EANDAG Contribution % #DNJ01 Required Match % #DIVJ01 46 $0.00 ;0, 00 $0.00 $0.00 $0.00 Other Costm $0, 00 $0.00 $0.00 $0.00 $0.00 $0_00 Total EXIens es SANDA.CTotal Match Spent This Invoice This Invoice This Invoice $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 Total Cu rent Expenditures: $0.00 'total Amount Due this invoice: $0.00 Less /0% Retention: $0.00 Match % Met to Date: ' #DIVJ01 CERTIFICATION OF GRANTEE I hereby certify Ihat the above costs were incurred in performance of the work required under ihe grant and are consistent with the amounts evidenced by Etac:hed supporting documents and expenditures_ Signature Printed Name and Title Date 47