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HomeMy WebLinkAboutCC RESO 2015-28RESOLUTION NO. 2015 — 28 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 "N" AVENUE IMPROVEMENTS PROJECT, ACCEPTING THE TERMS OF THE GRANT AGREEMENT WHEREAS, $12 Million ($12,000,000) of TransNet funding for capital and plain iig Smart Grua rti-! Incentive Program 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 $500,000 in Smart Growth Incentive Program funds for the "N" Avenue Improvements 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 $500,000 for the "N" Avenue Improvements Project. BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the "N" Avenue Improvements Project, then the City of National City commits to providing $50,000, 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 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 cauCes of action or claims related to City of National City's TransNet funded projects. PASSED and ADOPTED this 17th day of March, 015. ATTEST: Michael R. ❑alia, City Clerk Ron Morrison, Mayor aci 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 Gano, Mendivil, Morrison, Rios, Satelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY• RON MORRISON Mayor of the City of National City, California : I City leof 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. 2015-28 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 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 L►�rrtl• ■ 1,1Vrt1• W. ■ Irvr•arv•••. ■ •v•r 11•104%••1•yyj REGARDING [INSERT FULL PROACT T.111.41 THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agreertieptii is made this [Day] day of [Month], 2015, by and between the San Diego Association ok0OverniniRrits, 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAG,. d'the [Grant ecipient and Address], hereinafter referred to as Grantee. This agreement expires On [Month] [Dait,IYear]. • Note to Grant Recipient This Agreement TemiSatecowers provisions forfarth,the SGIP and ATGP. Prior to contract execution, the Grant4g een a *ill be tailored" reflect the applicable grant program. Note to SANDAG Contracts Staff: Pryor 1internal routs references to SGIP and ATGP should be updated as applicable. . `-- • The following recitals are a substantive partof.this Ag` ettr. `, Note to SANDAG Contra Mtaffl Select ter Recitals'or ATGP Recitals. Smart Growth Incentive Progra '{SGIP) Redta s (A - i): A. The SANDAG Boa• rd 6f Dire4oi`s allocates fur {t .under the TransNet local sales tax program to support local transp tatt& reTht r firastrualire projects in the San Diego region through a co ie tocess. 'k• B. , -T ransAfet Exiepsiion Ora▪ 10t a contains provisions to fund the Smart Growth incentive <; "Pri dm ra(Cr;IP1 wn#h'it•iz It rnnlinn nn Anrii 1 mostTne 5GiP encomp sees nroiects that `beet* integrate transportation and land use and recognizes the comprehensive effort to intevatesmart growth place making, access to transit, and environmental justice. C. In January2O10, thelANDAG Board of Directors approved Board Policy No. 035 -Competitive Grant Proor .Prrcedures (Board Policy No. 035), which is included as Attachment B. This Grant Award,'lreement and the Grantee's performance thereunder are subject to Board Policy No.'35, which includes multiple '"use it or iose 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, 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 ID required to complete Recital G, below. G. 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 and.4on litions for SANDAG to provide Grantee with funding to implement the Project. I. Although SANDAG will be providing financial assistancelo Granteeto support the Project, SANDAG will not take an active role or retain substantial control of tie Project. Therefore, this Agreement is characterized as a funding ajreement rather than a ceerative agreement. J. Grantee understands that TransNet funds derive frgm rOtail.transactions and use tax revenues which fluctuate. SANDAG's funding -commitment to SWProjects; including this Project, is subject to these fluctuations, whi rNay+ripact fundin'evailability for this Project. Active Transportation Grant Prograsn`P►'TGP)'iitls (A - L): f A. The SANDAG Board of Directors alloca .funds4inc ertI TransNet local sales tax program n and the TransportatitDevelopment A 'to"supportiocal bicycle and pedestrian transportation projects irtthe San Diego 'r i through a competitive process. B. The TransNet Ex ern on Ordihqnce contains }rovisions to fund the Bicycle, Pedestrian, and Neighborhood Safety_ Prq,giani,.(131"fiSPLwhiC14:fiinding began on July 1, 2008. The BPNSP encompasses. bicycle end .pedestriarr l projects and recognizes the comprehensive effort tojntegrate smart grovvt4i place making; tactess to transit and environmental justice. C.. i a de 3 of the i DA provides 1`. ,i'rdi.ng for Bicycle and Pedestrian Facilities arid Programs. N._.. ..... D. Teter the TransNe4:BPNSP and TDA Article 3 funding are commonly referred to as the SANAAG.Active Transortation Grant Program (ATGP). E. In January201G, the'SANDAG Board of Directors approved Board Policy No. 035 — Competitive Grant Progr rrt?c 'Jres (Board roiicy No. 035), which is inciucied as .v tachment B. This Grant Award, Aweerrient and the Grantee's performance thereunder are subject to Board Policy No. 035, which includes multiple "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, 20141, 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. 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 MPO ID required to complete Recital I, below. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in TransNet BPNSP tunds and [insert dollar amounts in TDA tunds, and the TransNet MPO ID for the Project is [insert ID number] and the .a 3A.Ciaim Number is [insert claim number]. J. The purpose of this Agreement is to establish the term(ar►d coed ions for SANDAG to provide Grantee with funding to implement the Prot.' K. Although SANDAG will be providing financial.issiFtance to Grantee to support the Project, SANDAG will not take an active role or retain4iti stantial co rol of the Prdjettl Therefore, this Agreement is characterized as a funding a0virientylitilerthan a cooperetive agreement. Grantee understands that TransNetfu derive from rettial.ttransactions and use tax revenues S which fluctuate. SANDAG's funding tbitivattmentto ATGPPiptects, including this Project, is subject to these fluctuations, whichiray irni)eafttiiiding availability for this Project. NOW, THEREFORE, it is agreed .as follows: I. DEFINITIONS A. Application. lire signed and dated grant application, including any amendment thereto, with all explanatory upp tng, and suppleitf tary documents filed with SANDAG by or on behalf of the Granteeand accepfeid..s appr'o►Ied by SANDAG. All of Grantee's application matOriels, notln nfli twith. this Agreement, are hereby incorporated into this Agreement thDugh fully t`fo th he � i:. B. \fiiipproval, Author*rdon, Concurrence, Waiver. A written statement {transmitted in tyitten hard copigr..e!ectronical!y) of a SANDAG official authorized to permit the Grarieeto take or one an action required by this Agreement, which action may not be taken or omitted without si ch written permission. Except to the extent that SANDAG determines otherwise`is Writind,. Bch approval, authorization, concurrence, or waiver permitting the performance q . orr ssion of a specific action does not constitute permission to perform or omit other similes ections. 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 tor 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 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 IATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds_], 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 describes in the Scope of Work. Grantee shall not proceed with the work and shall not be eligible to receive payment for work performed prior to SANDAG's issuance of a Notice to [°emceed. G. Subgrantee. Any contractor or consultant, at any tier,.ald di rfiy. or indirectly with funds flowing from this Agreement for the Project. II. PROJECT IMPLEMENTATION A. General. The Grantee agrees to carry out theProject as foJl ws: fl, 1. Project Description. Grantee agrees to perform! he work as described in the Scope of Work included as Attachment A. 2. Effective Date. The effectiv'- dti atetx Agreemerit,pr any amendment hereto is the date on which this Agreementpr an ame rn t:.is fully eeicetuted. The Grantee agrees to undertake Project work promptly after JiteivAgg a':Notice to Proceed from SANDAG. 3. Grantee's paO*y.'l a Grantee4ees•to maintain or acquire sufficient legal, financial,.technical, MO tpanageria ;capacity to: {a) plan, manage, and complete the Project arvi :provide for Ole use of ariy Project property; (b) carry out the safety and security asps of the .P i ect; and (c).`clornply with the terms of the Agreement and all applicable Iawst reguiations;.and:.pohicies pertaining to the Project and the Grantee, inclu It but notl1mted to the`7farOet Extension Ordinance and Board Policy No: 03..E Project Schetitile. The ntee agrees to complete 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. Pre it ImpOrottrirtatiorl and Oversight. Grantee agrees to comply with the ProjeCeynplementation and oversight Requirements, included as Attachment C, and Beard Pokey Je. 035, as amended. 6. C:wage's ti* 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 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 [SLIP 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 community groups, other agencies, and elected officials. The. cirantee agrees to assist SANDAG with media or community events related to tl 'rroject, such as ground breaking and ribbon cutting. Press .materials shall belisovidecl to SANDAG staff before they are distributed. SANDAG logo(s) should be it todedin.press materials and other project collateral, but may never be included in sb docuntentt without advance approval from SANDAG. As part of the quarterly reports submitced.to SANDAG, the Grantee grees to provide project milestone information to supportmedia and.,ko mmunications'effor-ts. SANDAG reserves the right to use the information p`irOMecritrythe Grantee for any combination of the following, including but not limited to:iaj:-media posts, online photo albums, videos, press releases, Power'‘Int-presentations,Nweti updates, newsletters, and testimonials. In submitting photos,to-SANDAG, the 5(antee agrees to release the rights of the photos to SANDAG fort use. 8. Project 5ignage and Designa$on of Trinslifetfunded Facilities. Each capital project in ex of $250,000 funded`irk ie or in Part by revenues from the TransNet Extension.Oidiinance00 be clearfydesignated during its construction or implemetation as being provided by revenues from the TransNet Extension Ordinance. - t Grantee agi'egsto,foll rv.:the Project Signage Specifications. SANDAG will provide sign specifications. Gr ntee agree ,fo lir w'sign specifications and submit proof files to •SANDAG for. appro 'before printing. t Baseline 64i %.a ilecli . For capital projects, Grantee is required to coordinate with SANDAG staf6on the devefinent of a baseline data collection plan in accordance with the Project miplementation and Oversight Requirements. B. Appl cattonof LawsShould a federal or state law pre-empt a local law, regulation, or the TransNet E en op,Ordinance, the Grantee must comply with the federal or state law and implementir .,rest; .ations. No provision of this Agreement requires the Grantee to observe or enforce complier -ice with any provision, perform any other act, or do anv other task in contravention of federal, state, territorial, or local lave, 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 [SG]P orATGP] 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 prevailing 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 all Project responsibilities to one or more subgrant$s, the Grantee agrees that it, rather than any subgrantee, is ultimately responsible for otrrpf once with all applicable laws, regulations, and this Agreement. Third Party Contracting. Grantee shall not awikd-contracts over thi thousand dollars ($3,000) on the basis of a noncompetitive prckt,iirernent for work to be pkrmed under this Agreement without the prior written approva'iof.SANDAG Contracts aware byGrantee,if intended as local match credit, must meet the regujreni ntssset forth in this Agreement regarding local match funds. 1. if Grantee hires a consulirtiOCArryout profesShrai.services funded under this Agreement, Grantee shall `..epa`reAn.lependen cost Estimate (ICE) prior to soliciting proposals; public19.:, 9.vertise COttpgting proposals for the work; use cost as an evaluation factor i'i electingfihe t tant; document a Record of Negotiatioi1 (i ) establishin4 fhe, e-amount paid by Grantee for the consultant service,-fs fair a ttlyeasonable; aid pass through the relevant obligations in this Agre 'neat to the onsuitant. 2. If Grantee fires contractor to carryout construction services funded under this __Agr_eement'`Gra:ntee shallr*e, pa -ah ICE (e.g., a construction cost estimate) prior to soliej it g hids;tyblicly advertisp-for competing bids for the work; award the work to the !oir resporZ`ve and responsible bidder; document a RON establishing that the amount s by Grate for the construction services is fair and reasonable; and pass through the relevant' obligations in this Agreement to the contractor. F. Grar' e's Responsibility to Extend Agreement Requirements to Other Entities 1. En fi iati-Afffeitepel, Grantee agrees to take appropriate measures necessary to ensure that all ro ctparticipants comply with a!! applicable federal laws, regulations, and policies affecting 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. Flowdown. The Grantee agrees to include in each document (subagreement, !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 SANDAL Obngatior:s to Third -Parties. In connection witq the Project, the Grantee agrees that SANDAL, shall not be subject to any obligations orriabliities to any subgrantee, lessee, third -party contractor: or other person or entity that* not a party to the Agreement for the Project. Notwithstanding that SANDAG may hav ontted in or approved any solicitation, subagreernent, lease, or third -party contra;"any tr;.NDAG has no obligations or liabilities to any entity other than th."Grantee, includfng�any subgrantee, lessee, or third -party contractor at any tier. f , H. Changes in Project Performance. The Grarilee..awees to.acotify SANDAGiirnwdiately, in writing, of any change in local law, conditions (i din Legal, financial, ort chnical capacity), or any other event that may adversely aft t tthOGrantee's ability to perform the Project in accordance with the terrtj.of,the Agreemerit#d,as required by Board Policy No. 035. The Grantee also agrees to poif rSANDAG immetpiptely, in writing, of any current or prospective major dispute, breach, o'e"fau; Grl9ation thaiVay adversely affect SANDAG's interests in the Project; and agrees ta,inf orm SA' t A'ts; also in it sting, before naming SANDAG as a party to litigation for anyreason,A6 ai At a minimum, the Grantee agrees to send eacic-otrceto SANDAL t+uirt by this subsection to SANDAG's Office of General Counsel'-.. I. Standard of Coe: The Gra tee,expressly warrants that the work to be performed pursuant to this Agreement aI1 b perforr ci-jn accordance with the applicable standard of care. Where.approval by SANDAL; its EiiecgthfiD,ir4ctor, or other representative of SANDAG is indit. rn.the.S,cope ofWork, it is understood to be conceptual approval only and does not 2.640.re the Gra of respb .5[bi!ity for complying with all laws, codes, industry standards, an liability for dariages cause by negligent acts, errors, omissions, noncompliance with Nir3,1 ;stry standards, di tlo willfernisconcfuct of the Grantee or its subgrantees. . 1 111. ETHIii A. Grantee e. of, nduct!Standards of Conduct. The Grantee agrees to maintain a written code'of -6tict or standards of conduct that shall govern the actions of its officers, employees, tourer; or board members, or agents enaaaed in the award or administration of subagreements, leases, or third -party contracts supported with [SLOP or ATGP] F' ndina. 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 financiai 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 shell 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 [SGIPA GP] Funding if a real or apparent conflict of interest would be involved. Such a tiptiffiawould arise when an employee, officer, board member, or agent, includinis; ark/Member of his or her immediate family, partner, or organization that eploys,•;printends to employ, any of the parties listed herein has a financial interes..t.iriNa.firm coring for award. 2. Organizational Conflicts of Interest. The Grantee agrees that. code of conduct or standards of conduct shall include proluees for identifying and pitting real and apparent organizational conflicts of interest. An org4nizational conflittof interest exists when the nature of the work to be p d t;iiider a proposed third -party contract or subagreement may, without some r trktions on future activities, result in an unfair competitive advagetothe third-pailikcartractor or subgrantee or impair its objectivity in performing tttetwork. B. SANDAG Code of Conduct. SAND ,.has estabk* .poIicies'tpncerning potential conflicts of interest. These policies apply to Greg . For.all auii sby SANDAG, any practices which might result in unlaui activity are prc;iibitil including, but not limited to, rebates, kickbacks, or oth 4rtjlainrf l[onsideratio . ,TUDAG staff members are specifically prohibited fro 'i. participatiriq in the selectii -process when those staff have a close personal relationship, farrii r relation hip; or past (withi =i.the last 12 months), present, or potential business or employ'r a tr fat4orisiiip:eiwith a pion or business entity seeking a contract with SAND i�it-i5-unlawfutfor,any contract# made by SANDAG if any individual Board i n hhr or - staff hae a. prohibited financial interest in the contract. Staff are also ronibited from'spikiting o`r4cce,pting gratuities from any organization seeking funding from \, C S NnAG's reef .icerc, 6 riyPes, agents, anti Rnard memo rc shall not solicit or aS ept gifts, gratuities, favors, or•anything of monetary value from consultants, potential corisketants, or parties;to subagreements. By signing this Agreement, Grantee affirms that it has nonowledge ofn Othicai violation by SANDAG staff or Grantee. If Grantee has any reason to i eve a.ci�ni ict of interest exists with regard to the Agreement or the Project, it % should notify, the SANDAG Office of General Counsel immediately. C. 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 [SGIP 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 invokes. 19 IV. AMOUNT OF FUNDING ASSISTANCE The Grantee agrees that SANDAG will provide [SGIP 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 : percent 4%). 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 SANDAL; 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 Protand tta,acefore agrees as follows: A. Duty to Obtain Matching Funds. The Grantee roes to provide s`t fficient funds or approved in -kind resources, together with theii#t or ATGP] Fundinga.rded, that will assure payment of the actual cost of each Proj tactivity covered by this Avail -rent. The amount of snatching funds and percentage(s) of tchin talds Grantee shaThp ovide are set forth in the Approved Project Budget. The GranteeQr e to complete all proceedings necessary to provide its share of thy.project costs at or. efore the time the matching funds are needed for Project costs. ,. , -... ` Prompt Payment of Matching Fluids. The antee.agreestp provide the proportionate amount of the matching funds p rom {fir as it incurs .Pffcosts or Project costs become due. Each of Grantee's invaic-es.fnust includ tts,pr9 r to maft$irg fund contribution as reflected in the Approved Proje t Budget; along witY isOpOrting, descriptive and/or expianatory documentation for ttie matitjrig funds pi'ovided. C. Reduction of Matching Fir ds. The Graniaaagrees that no refund or reduction of the amount of matchin j: #unds may-t tnade::unie5; at the same time, a reduction of the proportional -amount 'Oka*. [SGIP of AT J Winding provided is made to SANDAG in order to Tait -Main t : t aiirnym Pee t ntage(s) of SANDAG Participation. VI. < APtillO ED Pi3:YJ Tappriim,.... Except tb* e:extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantaa.arad SANDAG hpve agreed to a Project budget that is designated the "Approved Project Budge The Gran.1e will incur obligations and make disbursements of Project funds only ss authorized by'* Project Spdget. An a r cnd.^^ent to the Approved Project Budget requires the issuanc ,pf aformal amendment to the Agreement, unless the re -allocation of funds among budget items of"fiscal years that not increase the total amount of the [SGIP or ATGP] 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 SANDAG, will cover ali costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of snatching 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 1 it;:tied by the matching share previousiy provided, or 2. Take any action that would cause the proportion of MTor,ATGP] Funding made available to the Project at any time to exceed thk'pefcenta a authorized by the Agreement for the Project. B. Payment by SANDAG. Upon receiving a requeistfOr payment and adeq late. supporting information, SANDAG will make payment, [der$ r projects with TDA fundi?rg<_authorize the County of San Diego to make payment] for elig A, Amoyritstt Grantee withi) thirty (30) days if Grantee has complied with the requirementsof .Agreement, including submission of a Quarterly Report which is incl ed as Attachmen' ;has satisfied SANDAG that the [SGIP or ATGP] Funding requested rsced.for Project tbses in that requisition period, and is making adequate progress tetV rd [ ik;completion r ►sistent with Board Policy No. 035. After the Grantee has demoiistrated`satI canary compliance with the preceding requirements, SANDAG may reimburs.te Grar'sar°ent allowable costs incurred consistent with the fAprg d Project Bi, iget SANDAG sf altretain ten percent (10%) from the amounts inv9ite4utytitsatisfactory cprpl ion of work. SANDAG shall promptly release retention amnts.to Grant o,ee following data atee's satisfactory completion of work and receipt of Grari{e's final in'ic�,and all rec]atted documentation. C. Eligible Costs. The Grantee• agreest}]atPrrject costs eligible for [SGIP or ATGP] Funding must" or alyviththe fo":Wing requirern ts, unless SANDAG determines otherwise in Wi it ng: To bo-eligibie for Nirt.tbursement, Project costs must be: • Consistent wilt the Proje Srope of Work, the Approved Project Budget, and other provisions of thie.Agreesnent. 2. `N essary in order to accomplish the Project. 3. Reasovaia#e:the goods or services purchased. a. Actt a! n,3"tscosts to the Grantee (I.e., the price geld minus any refunds, rebates, or other items of va!L a 'eceived 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. 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). B. Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGIP or ATGP]. g. Indirect Costs are only allowable with prior SANDAG approval.. Grantee must submit the following documentation as part of thegrant ppl� t : to !s: (1) ri indirect cost .,nt u' .Cs: :^v mow' �,rli,�o. u'� C� irCC allocation audit approved by a qualified independent.aud for or (2) the applicant's proposed method for allocating indirect costs in acc ;d ,nce with OMB guidelines. Indirect cost allocation plans must be reviewed ad renev 4nnually. 10. Project generated revenue realized by the Grantee shall be ut\i'lied in support of the Project. Project generated revenue and penditures, if any, shall f .reported at the end of the Agreement period. D. Excluded Costs 1. In determining the amount45f (SSIP or ATGP] Fui'rding.SANDAG will provide for the Project, SANDAG will exdud ;:.:. a. Any Project cost incurredl.,bythe Gran before either the date SANDAG issues a Notice to Proceed to Grarismeor the-. fe't Ye:l ate of the Agreement or any Amendnint thereto; ' _.. / b. Arrk ost that is lot included ix) the latest Approved Project Budget c. Any cat for project -Property or'ices received in connection with a subagre ent,"lease; t rd-party Contract, or other arrangement that is required to be, but hes not been, call reed in or approved in writing by SANDAG; and Any 4neligible f rSANDAG participation as provided by applicable !ems, re ulat 9 ns..or pollt# Certain costs ati rnes associated with bicycle and pedestrian projects are not eligible `when the benefit provided is not the exclusive use of bicyclists or pedestrians. These inst./noes, arejfsted below. a. &fitarid gutter are part of the roadway drainage system. As such, newly ins ailed curb and gutter cannot be considered ari improvement 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. E. The 'Grantee understands and agrees that payment to the Gra,*e for any Project cost does not constitute SANDAG's final decision about whether that#ost is allowable and eligible for payment under the Project and does not constitute a w rota .violation by the Grantee of the terms of the Agreement for the Project or Boa cy .1\1`6,35.. The Grantee acknowledges that SANDAG will not make a final Artermination a�b"' ut the allowability and eligibility of any cost until the final payment has`keen made on the PrdOct or the results of an audit of the Project requested by SANDAc`ot its Independent Taxpayer( Oversight Committee (ITOC) has been completed, whiche r-occurs lafist. If SANDAG "d i'tnines that the Grantee is not entitled to receive any portion of ti-iE lP' or ATGP] Funding requested or paid, SANDAG will notify the Grantee in writing, sta Its reasons. The Grantee agrees that Project closeout will not alter the4'antee's responsibilr tq return any funds due to SANDAG as a result of later refunds, correct'rptis; performance deficipttcies, or other similar actions; nor will Project closeout alter SANDAG rLghtt1Ija4Low costs aid recover funds provided for the Project on the basis of a later audit or other review. Upon iiotif cation to the Grantee that specific amounts are owe.d.to SANDAkiithethei°.t i ex payments of [SGIP or ATGP] Funding, disallowe "cysts, or funds recoYeie6from third parties or elsewhere, the Grantee agrees to promp#ty mit tb,$$ANDAG the rriovnts owed, including applicable interest, penalties and .ai tnistrative'xharges. 'c :'. VIII. ACCOUNTING RECORDS/ In compli )ivith"apjlicable 1e.ws regulations; and policies, the (Grantee agrees as follows: r A. , r ep Pvi:Ltital Ea,11-to Graff-LieAgrees .to establish and maintain for the Project either a `-,r crate set of accounts: or separate accounts within the framework of an established acsO:u sting system that can be identified with the Project. The Grantee also agrees to maint in'documentatiir, n of all checks, payrolls, invoices, contracts, vouchers, orders, or other accountaccountiq d:ocument5 related in whole or in part to the Project so that they may be clearly identified,`r .adily,. c essible, and available to SANDAG 'iron request and, to the extent feasible, keptsarate from documents not related to the Project. _ 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 properiy 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 SANDAL 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 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 for _me years thereafter from the date of transmission of the final expenditure report, the Gratitee Agrees to maintain, intact and readily accessible, all data, documents, reports, re s, contacts, and supporting materials relating to the Project, as SANDAG may r _ e. N - . D. Access to Records of Grantees and Subgraritees. The Grantee agrees ba permit, and require its subgrantees to permit, SANDAG orr, ts.authorizeditepresentatives�upon request, to inspect all Project work, materials, payrolls, and t r. dam, and to audit the bi.rks, records, and accounts of the Grantee and its subgrantees perpsiAirig to the Project. E. Project Closeout. The Grantee rs that Project clos'ut,does not alter the reporting and record retention requirements of tb.isAg i t. F. Quarterly Reports. Grantee shall submit writtenAuarteriy..reports to SANDAG detailing the progress of its work, expenditures incLJ d, animfr rmakon,regarding whether the Project is projected to be coptphtethiVithin the limos Ate Approved Project Budget, Project Schedule; and consistent with Boaf,cl Policy No. 035 and any policy amendments thereto. Grantee all document the program and results of work performed under this Agreement to th'e,satisfactiOn s# SANDAG. Th4s includes progress and final reports, plans, specifications, estim` s, end other v ence 0-attainment of the Agreement objectives, whii^equested by;ANDAG or ?roc, Grantee may be required to attend meetings of SA DAL -staff. nd commit, including but not limited to ITOC, the Regional Planning i.toirimittee, the -rnsportati a ..Ci mmittee, and the SANDAG Board of Directors, to report on Ats progress and sjce,a, iii to quesk ons. G. Coi r unitles Serve Data and Report. If requested, Grantee shall provide SANDAG with data r riling how the Project's benefits and burdens were equitably distributed among socio and'.‘conomi0opuiations in the area affected by the Project, and associated smart growth data>.. Project Completion, a ud ,y. 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 Ievievu 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 Pe 1plent: Only the applicable sections will be included. Note to SANDAG Contracts Staff: Please choose the appropriate: For TransNet-funded projects: �D Cimay Grantee agrees to have financial and compliance audits performed as .,,-�E`�w,-,., , ��ay require consistent with the TransNet Extension Ordinance. The.Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. Audit costs are allowable Project CoStS. /" \ For TDA-funded projects: The Grantee agrees to have financial and coal lance audits performed asSANDAG may require consistent with Public Utilities Code Six, 99245, fotTDAIunds; #.consistent with the TransNet Extension Ordinance for TransNet hods. TI Grantee agrees that:Project closeout will not alter the Grantee's audit responsibf#`.ies.,Audit costs are allowable Project costs. C. Performance Audit. The Grantee rees. o cooperate wit ANDAG or ITOC with regard to any performance audit that is performed on the ect_pursuaptto the TransNet Ordinance. D. Project Closeout. Project -closeout octsirs wh SANDA.notifies the Grantee that SANDAG has closed the Pro, , and, if applicabie;,.ei rforwards the final [SGIP or ATGPj Funding payment and or'aclisowledg that the Grantee has remitted the proper refund. The Grantee agrees that Projt.closeoutbySANDAG d6fcriot invalidate any continuing requirements imposed by the Agreernen/tbra#srurimet rebluieements set forth in a written notification from SANDAL. E. PXtiej 14se,:(4{aritee was: orded this Agreement based on representations in its grant application regar iitiP the Pr +ect:s intended use. if the Project is a capital project, Grantee hatch," commits to ecintinued 6540.the Project for the purposes stated in its application for a ric>id of at least fives rears after completion of construction. SANDAG may require Grantee to refund SGIP fundin4 provided for the Project in the event Grantee fails to utilize the Projecor its intended purposes as stated in the grant application or for any disallowed costs. XL TeirvIELs F A D RIGHT ;;oF 3A17DA asp TERMINATE and timely n! s toward cor !etior' �� A. Grantee `s.�'��!! i^�SL2 .".r1��8'1t a ��e�e�y progress �`i� . ofthe Project within �e 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 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 SANDAG may susptnd_or terminate ail or any part of the [SGIP or ATGP] Funding to be provided for the Prpjectff the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or ifAANDAG determines that the purpose of the laws or policies authorizing the Project 1d i'tctt.be adequately served by the continuation of [SGIP or ATGP] Funding for the Project ``�� In general, termination of [SGIP or ATGP] Fundirib for the Project will ilcot.itivalidate obligations properly incurred by the Granteelmfqre the termination dateAothe extent those obligations cannot be canceled. If, however, SANDAG detemniirjes that the c r ntee has willfully misused [SGIP or ATGP] Funding byfailirig,.#O.rrie adequate progress; or failing to comply with the terms of the Agreement, SANDAG Nerves the right to require the Grantee to refund to SANDAL the entire at ount>of [SGIP or Af`Gl'j Funding provided for the Project or any lesser amount as SANDAG�Y:.+ae. Expiration of any Project time perioc established- . t:ti-eProjectSchedule will not, by itself, automatically constitute an expiration ktermi ri-13f3fie Agreement for the Project, however, Grantee rniist reduest and SAI A etriay'agree to amend the Agreement in writing if the Project Schedule will.00t. be met. Al amendment to the Project Schedule may be made at SANDAG's djscretion if Gr'itee's reques °is'consistent with the provisions of Board Policy No. 035. 5 XII. CIVIL RLGHT.5 The Gr tee -agrees ,'comply All,.applicable civil rights laws, regulations and policies and shall iiici lie pruvisioiis uiiiiis Sectiuit - c. ini each subagreement, lease, third party contract or other legally%bitnc.'ling document" +p,Oerform Work funded by this Agreement. Applicable civil rights laws, reguiatnd policies incI de, but are not limited to, the following: A. Mondiacr: natio!1 SANDAG implements its programs without regard to income level, disability,`s rce, coldr, arid national origin in compliance with the Americans with Disabilities Act and TitleV o t#te Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the pubi ,-'of their rights under these laws, 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 A1D5), 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, etseg.). The applicable regulations of the Fair Employment and Housing..Commission implementing California Government Code Section 12990 (a-f), set forth in CA2apter 5 of Division 4 of Title 2 of the California Code of Regulations: are incorporated intotkhi3.Agreement by this reference and are made a part hereof as if set forth in full. Granita and its subcontractors shall give written notice of their obligations under this clause tp labor 1arizations 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*:SANDAG's be efit pursuant to the Scope of Work for the Project. The term "deliybieincludes, but is not -limited to, all original drawings, reports, photos, and other documents;iuding detailed calculations and other work product developed for the Project'ices performeitOithe Project. XIV. DISPUTES AND VENUE .ti 4 ti A. Choice of Law. This Agreement slilli`-be int.jn,accordance with the laws of the State of California. f E. Dispute Resok$tioh Proc :.In the event grantee has a dispute with SANDAL during the performance of\tliis Agreenict, Grantee al] continue to perform unless SANDAG informs Grantee in writing,t0 ceaseperff rmance. a dispute resolution process for disputes arising under this Agreemer :shij be aicav .., rentee shall submit a statement of the grounds for the dispute, including all pertinentw tes, nark :of persons involved, and supportinci documentation. to SANDAG's Gir%ec . Man$. , T'ne Project Manager and other appropriate SANDAG staff :' will review th�7.documentation in a timely manner and reply to Grantee within twenty 20) calendar 44.,S. Upon receipt of an adverse decision by SANDAL, Grantee may sbmit a requOst for reconsideration to SANDAG's Executive Director. The request for reco srderation must be received within ten (10) calendar days from the postmark date of S '1 iDAGfs. • reply. The Executive Director will respond to the request for recons€de- tion within ten (10) working days. The decision of 'che Executive Director will be in writing. L. 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 r rantee shall not assign, siihlat, or trantfor (wnfhether by assignment oriinvatlnn) this Agreement or any rights under or interest in this Agreement. XVI. INSURANCE Grantee shall procure and maintain during the period o..pe"r'formanceihis Agreement, and for twelve (12) months following completion, policies of insurance fro1' insurance companies authorized to do business In the State of Californi,a`or the equivalent types- d amounts of self- insurance, as follows: A. General Liability. Combined single limit of $V00,11OQ per occurrence and $2,000,000 general aggregate for personal anyi bodily injury,. in along death, and broad form property damage. The policy must inclu (e ari''acceptable "Wad of Transfer Rights of Recovery Against Others Endorsement." Thi3 li y st-name SANbAG'as an additional insured in the endorsement. A deductible or retention maybe;utilized, subje to approval by SANDAG. B. Automobile Liability_.. For personal 60-bodilyltiftirOndipdling death, and property damage in an amount not Le stila t $1,000,000. ,. C. Workers' Cornperisation 'end EmployirtS' Liability. Policy must comply with the laws of the State of Cali ,ia. The poky must inklutde an acceptable "Waiver of Right to Recover From Others Endoisirientat fpg` 1DAG'+ an additional insured. D. Other Requlr rents.` rantee shall fiJh.nsh satisfactory proof by one or more certificates r� finial copie . ,that. it has --.,the foregoing insurance. The insurance shall be provided by an acceptable insurance' provideY, as determined by SANDAG, which satisfies the following ! .inimurn requirements: , 1. insurance ca vier qualified to do business in California and maintaining an agent for seiyite of prgi:esz within the state. Such insurance carrier shall maintain a current A.M $est rathig •classification of "A-" or better, and a financial size of "$10 million to $24 iniIit ,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 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, asserleil .or established liability for damages or injuries to any person or property, including, .y rry. to the Grantee's or its subgrantees' employees, agents, or officers, which arise fr#r n or are connected with or are caused or claimed to be caused by the negligent, reckl : , or ilful acts or omissions of the Grantee and its subgrantees and their agents, officers,,erriplo in performing the work or services herein, and all expenses of investigatiri and defendi against same, including attorney fees and costs; provided, however, teat the Grantee's dutyp indemnify and hold harmless shall not include any claims or liab4I ty arising from, the establi d sole negligence or willful misconduct of SANDAG, its Board of sire tors, agentr, officers, or employees. B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save, and hold harmless SANDAG and it Board of Directors; ers, agents, and employees acting within the scope of their official'OOte&sagainst any liabOitw including costs and expenses, resulting from any willful or intentional- ia''tion by th ,Grantee of proprietary rights, copyrights, or right of privacy, arising, out 6f1:1-**blicaiitanc translation, reproduction, delivery, use, or disposition of any daitlftirnisheti 4ndet,telProject. The Grantee shall not be required to indemp+tt SANDAG for any,.$14lial ility caused solely by the wrongful acts of SANDAG employees orager.. �{ XVIII. INDEPENDENTTRACE A. Status of Grantee.`Gr +ntee shia1f'pfrfoim th`e'services provided for within this Agreement as an it nde ,t contra +r, and not as'an;zmployee of SANDAG. Grantee shall be under the iA1 of SANQAG as tolthe result to be accomplished and not the means, and shall consult SANDAG ':�.._ 'J � io e •� 'x"vi'1 „�,�yC,•,U as u�.r�ireu �o�'.t��G Scope of Work. The payments made to Grantee pursuant 0 'this Agreement shall be the fi Ii'and compete compensation to which Grantee is entitled. SAkiDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shalt iat'•be required' 'lb pay any workers' compensation insurance on behalf of Grantee. Grantee grees to iai`demnify SANDAG for any tax, retirement contribution, social security, overtime Pa ment:`orworkers' compensation payment which SANDAG may be required to make on beh of Grantee or any employee of Grantee for work done under this Agreement. R. 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 reguiations. Ihis 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 NAME],.: s the Project Manager for the Project. Project Manager continuity and experience is deemed.sertsal in Grantee's ability to carry out the Project in accordance with the terms of this Agrent, GCaittee shall not change the Project Manager without first providing written notice to'S ,NbAG. XXI. NOTICE t Any notice or instrument required to be given or delivered this Agreement`tnay be given or delivered by depositing the same in any United States` Vie, registered or certified, postage prepaid, addressed to: _ `-A San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Susan Baldwin / Suchi Mukherjee Grantee: [LOCAL AGENCY NAM) [LOCAL AGENCY ADDRESS] Attn: [LOCAL AGENCY1 tOJECT MANAGER] Notice shall be effective upon receipt Note tb SANDAG-C retracts Staff:After receiving this original agreement back from the Graeitee and before iefith log €he\original agreement for final SANDAG "wet" sag atctres. canon with SANDAG Fi ance and Planning staff that the applicable RTIP has been approval - 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 [INSERT JURISD `T'ION) GARY L. GALLEGOS OR DESIGNEE Executive Director APPROVED AS TO FORM: Office of General Counsel 31 ifu li Name] r,. I(Titie] �..•APPROVED AS TO FORM: [FV11 Norne] [Title] ATTACHMENT A SCOPE OF WORK, SCHEDULE. AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Pr44ect Description 'PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, E ), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS) (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BLli) ` '410 11111111ihk' Tr a nspeir. IVfPC ID NO_ 32 ATTACHMENT B BOARD POLICY NO. 035 COMPETIffittlE GRANT PROGRAM PROCEDURES Applicability and Purpose n? Policy This Policy applies to ail grant programs administered through SA i AG, whether from TransNet or another source, including but not limited to the Smart Grovy,tti. inczentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior yin Gat Program, Federal Transit Administration grant programs, and Active TransportatioifGrant Prograrti. Nothing in this Policy is intended to supersede federat.Or state grant rules, reguietions, statutes, or contract documents that conflict with the requirr.ts in this 'Policy. There Are never enough government grant funds to pay for all of the projects<yirOrthy4f funding in the San Diego region. For this reason, SANDAG awards grant funds on a comp rile basis that takes the grantees' ability to perform their proposed project on a t, ,. ely basis into acc +1 .: SANDAG intends to hold grantees accountable to the project schedules\tlteyhave proposed'wr seder to ensure fairness in the competitiveprocess and encourage grantees ta _ it project im lemented quickly so that the P g 9 � p J 1p G Y public can benefit from the project deliverables as soon as 'possible. .L Procedures 1. Project Milestone end Con pietion Deac#tine*' 1.1. When 'signing a,:•treat.agreeme1t`,for a competitive program funded and/or administered by SANDAG, grangrant.redpients mist agree to the project delivery objectives and schedules- in the agreement. in adtivtt n,, : grantee`s proposal must contain a schedule that �fe s ;t ;n, folio g deadlines. Failure to meet the deadlines below may result in reiiocation of 'et! giant fur, not already expended. The final invoice for capital, planning, o operations grai9ts rnust besmb pitted prior to the applicable deadline. 1.1.1. Fundtrig':for Capital Projects. If the grant will fund a capital project, the , project must .be completed according to the schedule provided in the grant •agreement;'bu; at the latest, any necessary, construction contract must be awarded vv;n. 4z.:years following execution of the grant agreement, and construction must`'.be .completed within eighteen months following award of the construction contracts. 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 compete 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 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 arant 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 ofie year following execution of she °rani agreemerf% Ond the operations must commence within six months following award o1Ee operations contract. If no services contract for operations is necessary, theOpations project must commence within one year of execution of the grant agrent '. • • 1.1.4 Funding for Equipment or Vehicl G ants. If the `gTa t.vvill fund equipment or vehicles, the project must be completed atcording to the s edule provided in the grant agreement, but at the latest y..tecessary purchase cont,tc s for equipment or vehicles must be awarded within, one year:. -following execuliT of the grant agreement, and use of the equipment iec for the benefit of the public must commence within six months following awd.'the purchase contract. 2. Project Milestone and Completio t.:.Extensions 2.1. Schedules within grant ag ments'rn-influde pre cf scopes and schedules that will identify interim milestones in addition toi`eribed in Section 1 of this Policy. Grant recipients mafiticeive extensi4Won- project schedules of up to six months for good cause. Ext siorts•-of up to six mites aggregate that would not cause the project to miss a compl€tion' deadliitte • in Section.ti 1 may be approved by the SANDAG Executive Director. Extends beyond six months aijoregate or that would cause the project to miss a completion deadfive in, t 1 rrrust be 4roved by the Policy Advisory Committee that has been rcig g a t e'd4fit necessary- uth-Orrirty by the Board. For an extension to be granted un Qf this Section 2, the following conclitions must be met: 2.1.1. `uTEerxtensiOA requests of up to six months, the grantee must request the extension itvriting to-e SANDAG Program Manager at least two weeks prior to the earliest 'pi", ject schedule milestone deadline for which an extension is being requested. Tide Executive Director or designee will determine whether the extension `..;thouId be granted. The Executive Director's action will be reported out to the Board in-., i vyrr. n.month'c 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 wiii cause a project to miss a completion deadline in Section 1 (including those project 'that were already granted extensions by the Executive Director and are again fal'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 chiturnent pre iopis gfforts undertaken to maintain the project schedule, explain the rens'for the delay, evitin why the delay is unavoidable, and demonstrate an ability to,.cd in the extended tit frame the grantee proposes. The grantee must provide the ne ary infori4tion to SANDAL Staff to place in a report to the Policy Advisory Committee. 4..„Siiffisitint,time is available and the grant utilized TransNet funds, the request will first'tke taken to the Independent Taxpayer Advisory Committee (ITOC) fdr- :a - recommenda'ttora The grantee should make a representative available at the�,rr��a,to present he:information to, and/or answer questions from, the ITOC and Poli ,+:Advisw t mittee..\ 3.3 The Policy Advisory Commit will or get adextension under this Section 3 for extenuating circurpstbiltes that the gi' nt-ee4 uId not have reasonably foreseen. 4. Resolution and Execution of The Grant Aiiirement i 4.1 Two weeks priorato the review bV.the Policy Advisory Committee of the proposed grants, prospectivegrarft€es mu iz ft_ahr solution from their authorized governing body tha ddud s the prav{sions in this Subsection 4.1. Failure to provide a resolution that meets requirements- in this.:5ubsection 4.1will result in rejection of the application and the .17ifilirPtinn wile p eroppr from consideration with funding going to the next project as r 5ircu by the cva '$h`Gii COn'itj#ee. In order to assist grantees in meeting this resolution adIine, when SANDAG issues the call for projects it +Hill allow at least 90 days for grant aqikljeation submiss;9n Gr ht e governing body commits to providing the amount of matching fins Set-ft til in the grant application. 4.1.2 rantee 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 fur 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. Adoptcd: January 2010 Amended: November2014 36 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact information: Grantee must provide 5ANDAG 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 Collectiere: Prior to the construction et ora41*--f ded improvements, the Grantee is responsible for developing a baseline data collecti, plan with SANDAG to gather information on pedestrian and bicyclist activity. At a mini rfian data should be collected for observed bicycle and pedestrian volumes, behavior, and attic in OA project area. Once the data collection plan is approved by SANDAG staff, the Grantotis tesponsibl fo- carryinq out the plan and returning collected data to SANDAG as a deliver` fate: 5tandardizeef^orms required for data collection will be provided by SANDAG. Grantees are encouraged to use the National Biry> 'and.-edestrian Documentation Project methodology and plan for the following: • Conduct counts prior to projecf construction, during'$ational Documentation Days in the second week of September. Su irkie counts anc •$u r eys can be conducted during January, May, and July to provide a:sonal'ti a, if desired. • Conduct counts for two- hours, at plc time,s4e0tiiie-442 the facility. For example, facilities attracting utilita n olps'should be ear on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., w,liereas facilit es attracting recreational trips should be counted on a Saturday, from 9 to 11 ;:.': In the case that the abOiie tirre*a are-deernr d infeasible due to the project schedule, the Grantee andr.SANDAG willxn:Nrilic cc iaborate'-on ari,:-alternative data collection methodology and procedy. A stOset.Of Grantees maybe select for in-depth evaluation by SANDAG, in which case, SANDAG will conduct the data col!etaot; effort th required participation from Grantee staff. Such in-depth evaluatiC conducted by 5ANDAG will take place solely for the purpose of SANDAG Active Trarisportation data;. collection and monitoring efforts, and will not impact Grantees' budgets. Grantees should piaito.budget five thousand dollars ($5,000) for data collection. For questions or assistance with dat -. • collection, contact Christine Eary at Christine.Eary@ endeg.or^.�, 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. 5. Quarterly Reports and ;Elvoiaes: Grantee must submit quarterly reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated prfigras next quarter, pending issues and actions toward resolution, and status of budget and sr.4edt.ale. Furthermore, the Grantee agrees to provide project milestone information (such as preserftatli5to community groups, other agencies, and elected officials, ground-breakings, and rib -.cut i gs)..to support media and communications efforts. 6. Media and Community Outreach Coordinatiof ; Press materials shall b`eprovided to SANDAG staff before they are distributed. SANDAG logo(s)<tiquld be inclotied in press ?ritkvterials and other project collateral. Furthermore, the grantee agrees` i provivb6.prOjeLt milestone' reformation to support media and communications efforts. 7. Photo Documentation: Grantees ate riegtionsible for the figliowing photo documentation: • Before and after photos, which sstoquld bet en.. from sir ii:ar angles to showcase how a particular area has been transform #:aver time,. ti • Project milestone oto5 (such as grow d- a Trigs and rbbon-cuttings). • Photos taken thtougho0t:c0nstruction 'i and throughout the length of the project. Photos should be filOh resoluti0. fat least 4 initfies by 6 inches with a minimum of 300 pixels per inch) and contain cagtion,s_wrth prof ct•..descripons, dates, locations, and the names of those •featured, -I,fpropriate�:.. 8. Proj.ia Si ages. ath project or program in excess of $250,000 funded in whole or in part by revetilies from the earis7#i ' xterisipi Ordiiiaiice shall be dearly designated during its construction or ii*ernentation as beiiv provided,,py'such revenues. SANDAG will provide sign specifications. Granteers to follow si4 specifications and submit proof files to SANDAG for approval before printing. 9. PerformanC nit • o: 5ANDAG staff may measure performance of the constructed capital improvements aga sated project objectives, and evaluate the overall grant program. Grantee is expected to meet wifh5ANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. 38 Planning and Non -Capital Grants I. Contact Ertformation. Gran,trc must provide SANDAL 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 SANDAL. Grantee must submit consultant draft Request for Proposals to SANDAG staff fol. review and comment for consistency with the acreed upon Scope of Work with SANDAG (Attachment A). 3. Quarterly Reports. Grantee must submit quarterly/reports to SANDAG, detailing accomplishments in the quarter, anticipated progress nextq'uarter1-pending issues and actions toward resolution, and status of budget and schedule. F- 4. Stakeholder and Community Meetings. Gran:tee most provide SANDA wwth advance notice (preferably within two weeks) and agendas of an stakeholder •and commun'rMeetings, and a meeting summary following the meeting. SANDAG sia#f+° ay attend,any meetings appropriate. 5. Media and Community Outreach Coordination. Pry materials shall be provided to SANDAG staff before they are distributed. SANDAG logos) should be,thtluded in press materials and other project collateral. Furthermore, the Gr'antee agrees to provide project milestone information to support media and communications effor `4. 6. Photo Documentation. Grantees are responsible .#Tefol1owing photo documentation: • Existing conditioips photps, which sho jd ifustrate the current conditions of the project site and demonstr the need,_for improveckfac Pities • Project mileste photos Asitch as workS#iops, presentations to community groups, other agencies, and eler~ted Aff: aLs) Photos s[pi.ilifbe high resoli ori,(at least 4 - ch s by 6 inches with a minimum of 300 pixels per inch) and'contain captions with project descriptions, dates, locations, and the names of those feats ,.If appropriat6__, 39 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and Tr-ansNet!TDA Active Transportation &ant Program Quarterly Report Report Submittal Date: [Insert] Reporting Period: [Insert - Example; FY 2014, Quarter 1 o • PART 1: DESCRIPTION OF ACTIVITY FOR REPORTING PERIOD 1. Work Accomplished This Reporting Period [INSTRUCTIONS: Replace this text with n 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 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 kickoff 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 FNMA Fi I-, 2014 timeframe. • Task 3 -Etc. • Task 4 - Etc. 2. Deliverables Produced This Reporting Period [INSTRUCTIONS: Summarize the deliverables produced during this period anti 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 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: https://sandag.wetransfer.coml 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) NTP Date Task 1 i [mmldddvy] [nm/ddlyy3 [In Progress/ Completed/ Not Started] [On Time/ Delayed] 1 (mmiddlyy] 1 =mmlddlyy] Task 2: Policy No. 035 Milestone [rnm/dd/yy] [mrn/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 3: Policy No. 035 Milestone [mmldd/yy] [mrn/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [rrnmlddlyyj [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 Zvi ucivi'd .; No amendment requested at this time ❑ 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. f PART 4: PROJECT STATUS REPORT SIGNATURE Prepared by Date: Project Manager 42 Jj IQLGE_lNSTRUUT1OM Step 1: Complete the Quarterly Progress Report. Reimbursements cannot be. made without a completed Quarterly Progress Report. Step 2: Gather Documentation for Stal 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 casts should be supported by the consultant invoice AND a proof of payment. The proof of payment can be either a copy a' the check provided to the consultant or printout from the project's financial accounting system showing that funds were disbursed, Contrac'or 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 corr:ractor or a printout from the project's 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 o payrnen;. The proof of payment can be either a copy of the check provided to the render or a printout from the project's financial accounting system showing that funds wore disbursed, Clearly identify (i.e„ highlight or circle) all grant -related expenses on documents that include non -related costs. Step 3: Complete the Expenee Z.vrnrnary. Summarize the total Staff Costs, ConsultantiContractor 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 been calculated coneutly. 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, match contribution, and retention amounts should automatically calculate. Enter previous costs by task into the appropriate cell, of the spreadsheet. The remaining grant balance should automatics !y calculate. Step 5: Submit Quarterly Progress Report, Gnvoice, And Supporting Documentation to SANDAG at: sciatq ra ntsllsan da q.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 workbook. Files in excess of 6MB should be submitted via: https:I/sancta .wetrs ssfer_c_ 43 PART 1: STAFF COSTS Personnel Staff Person A Staff Person B Staff Person C [INSERTADDITONAL LIMES AS NEEDED] Time Period mmfdd/yy to mm/dd/yy mm/ddlyy to mm/dd/yy mm/dd/yy to mm/ddiyy Hours Hourly Rate 10 $ 10 $ 10 $ Amount Documentation Attached? 100.00 $ 1,000.00 YES/NO 100 00 $ 1,000,00 YES/NO 100.00 $ 1,000.00 YES/NO PART 2: CONSULTANT/CONTRACTOR COSTS Consultant/Contractor Consultant XYZ Consultant XYZ Consultant XYZ Outreach Organization ABC [INSERTADDITONAL LINES .AS NEEDED] Invoice No. Invoke Date 'Description of Costs 1 1/1/2014 Professional services for the month of January 2014 2 2/1/2014 Professronal services for the $ month of February 2014 3 3/1/2014 Professional services for the $ month of March 2014 1' 3/1/2014 Outreach from January 2014 to $ March 2014 Amount DocuntentationAttached? $ 10,000.00 YES/NO 10,000.00 YES/NO 10,000.00 YES/NO 10,000.00 YES/NO PART 3: OTHER COSTS Vendor VendorA Vendor B VendorC [INSERT ADDITONAL LINES AS NEEDED! invoice No. Invoice Date 1 1/1/2014 1 2/1/2014 1 2/28/2014 Description of Costs Amount Dow mmritation Attac#ted? Printing costs for January 2014 $ 100.00 YES/NO News Announcement for $ 100.00 YES/NO February 2014 Workshop Snacks for February 2014 $ 100.00 YE4./NC1 Workshop 45 To: F'rorn: TR4NSNET SMART GROWTH INCENTIVE PROGRAM INVOICE SUCHI TILIK11ERJEE SAN DAG 431 5 Street, Suifs B00 San Diego, CA82101.4231 Marna Address Project Name; TPROJECT NAME) Contract Number: 500XXX Grant Invoice Number: i>t Biliing Period: FROM Inwice Date: DATE Grant Award: Balance Remaining $0.00 $0.00 TO TASK Previous Balance Current MI OD,rYltYYto NJMUDDIYYYY TotaI Expenses SAWDAG Total latch Spent F7almburseri to Date Match to Date Total to Date / Staff Costs Momsu[tantor Contractor Coats Other Costs This Irlvoicn This Involve This Invoice • 2 RFP 10.00 $0.00 $0.00 $0.00.. $0 00 $0.00 $0.00 $0.00 $0.00 Existing Condition Report $0.00 $0.00 $0,00 $0.00 $0.00• $0.00 $0.00 $0.00 $0.00 3 in Public Outreach $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0_00 $0,00 Draft Plan $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5 F_'Inal Plan $0.00 $0,00 $0.00, $0.00 $0.00 $0.00 $0.00 $0.00 0.00 $0.00 $0.00 1 Total $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 10% Rai ntion: $0,00 Match %Met to Date: #DN'O! Total Project Budget ____(Grant Match) r as k 1 $0.00 ask 2 $0.00 Task 3 $0_00 L ssic 4 $0.00 { ask 5 $0.00 U'OTAL $0.00 �SANDAG Grant: $0.00 Dlfatch: $0.00 SANDAG Contribution % #DW10! Required Match % #DNI01 46 CERTIFICATION OF GRANTEE ! hereby certifythatthe above costs were invu Ted in performance of the work required under the grant and are consistent with the amounts evidenced byattathed supporting documents and evenditures. S ignature Printed Name and Tale Date 47