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HomeMy WebLinkAboutCC RESO 2015-29RESOLUTION NO. 2015 — 29 RESOLU T ION 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 SPECIFIC PLAN UPDATE PROJECT, ACCEPTING THE TERMS OF THE GRANT AGREEMENT WHEREAS, $12 Million ($12,000,000) of TransNet funding for capital and planning Smart arcw h i Incei ii ve Program projects is avaiiabie to local jurisdictions and the County of San Diego from Fiscal Years 2014-2016; and WHEREAS, the City of National City wishes to receive $320,000 in Smart Growth Incentive Program funds for the Downtown Specific Plan Update 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 $320,000 for the Downtown Specific Plan Update Project. BE IT FURTHER RESOLVED that, if a grant award is made by SANDAL to fund the Downtown Specific Plan Update 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 City of National City agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and ail officers and empiayees 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 015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, ity Clerk 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 Cana, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California A14) City Clerk of the City of 1tional City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-29 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 [INSERT AGENCY/JURISDICTION NAME] RFnARnING [INSERT FILL PROJECT T1 THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agreemrment :is made this [Day] day of [Month], 2015, by and between the San Diego Association o#4f°`,overn , 401 B Street, Suite BOO, San Diego, California, hereinafter referred to as SANDAGnd'the [Graipient and Address], hereinafter referred to as Grantee. This agreement explfes on [Month] [DajT],ti[Xear]. Note to Grant Recipient: This Agreement Tem 1e covers provisions for` oth the SGIP and ATGP. Prior to contract execution, the Grant4Wheenleht Will be tailored! t reflect the applicable grant program. � .. Note to SANDAG Contracts Staff: Priorto internal routing,:references to SGIP and ATGP should be updated as applicable. :'�•_k The following recitals are a substantive part ofthis Agr rneillt:... Note to SANDAG Contracts -Staff: Select either SGIP Recitals or ATGP Recitals. • Smart Growth Incentive Program (SGIP) Re%iais (A - J): A. The SANDAG Board of,Dir ..c4 allocates funds under the TransNet local sales tax program to support local transpo tiotl-rela°t .! jtifrastrutture projects in the San Diego region through a connive process. E. ,)he. TransNet Ext -,sidii Ordlt ante contains provisions to fund the Smart Growth incentive `'``?i'ogralm (SGIP), viih1.0 auor, b iing s 'r, on April 1 .2noR, The SAGIrr enfnmpassec proje.crs that boetter.integrate transportation and land use and recognizes the comprehensive effort to integrate smart grown place making, access to transit, and environmental justice. C. !n Januat.2010, the•S DAG Board of Directors approved Board Policy No. 035 -Competitive r Prog Prc.`c..d.:_e_m___dn_i:_..w4_ hIch tided la___.,t ..i. Grant �vyi �i� i x.sr�iCU•ti:i CJ (Board rviity e+e u. 035), tiVi ��L�l i� included as ill LQl.f l[ilCllt B. Till3 Grant Award.. AA ment and the Grantee's performance thereunder are subject to Board Poky No.�35, which includes rnuitipie '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 fn 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. Grantee's Project is funded with [insert dollar amount] in TransNet SGIP funds and the TransNet iviPO ID for the Project is [insert ID number]. H. The purpose of this Agreement is to establish the terms and:corditions for SANDAG to provide Grantee with funding to implement the Project...- I. Although SANDAG will be providing financial assista(ce`to Grantee t© support the Project, SANDAG will not take an active role or retain substantial control of tt Project. 'therefore, -this Agreement is characterized as a funding agreement rather than a co4zperative agreement. J. Grantee understands that TransNet funds derive -tr r tall:: transactions and use tax revenues which fluctuate. SANDAG's funding -,commitment to S Projects, including this Project, is subject to these fluctuations, whiff may impact fundinga;lability for this Project. s. Active Transportation Grant Program= TGP)'& 1ss(A — L]:'. A. The SANDAG Board of Directors alloca' es funds. nder #ie TilarisNet local sales tax program and the Transportaan Development A t (TDA)>to supporf1ocal bicycle and pedestrian transportation pr je -in t ie.San Diego Neglon"through a competitive process. i B. The TransNet EitcenSion Ordiance contains .revisions to fund the Bicycle, Pedestrian, and Neighborhood Safe Progfam {(PNSP); which funding began on July 1, 2008. The BPNSP encompasses- bicycle and peclestrien-traverprolects and recognizes the comprehensive effort to ingrate smart grow place making -,-access to transit and environmental justice. C. „Article 3 of the TD4ovidesftnding for Bicycle and Pedestrian Facilities and Programs. D. Ta ether the TransN tBPNSP and-TDA Article 3 funding are commonly referred to as the SAN AG:=Active Transportation Grant Program (ATGP). B. InJanuary2010,the:SANDAG Board of Directors approved Board Policy No. 035 —Competitive Grant Prograa,Q. elures (Board Policy No. 035), which is included as Attachment B. This Grant Award,reement and the Grantee's performance thereunder are subject to Board Poiicy No. 035, which includes muftipie "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 Cail 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 lD required to complete Recital I, below. ;. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in Trans'Vet BPNSP funds and [insert dollar amoupti in TDA funds, and the Tr'ansNet MPO lit for die Project is [insert iD number] and the TDA Claim Number is [insert claim number]. • J. The purpose of this Agreement is to establish the term4;and condjtions for SANDAG to provide Grantee with funding to implement the Pr€t." K. Although SANDAG will be providing financialasrtance to Grantee to sport the Project, SANDAG will not take an active role or retairr;tantial coiatrol of the Prot. Therefore, this Agreement is characterized as a funding ag'rr,ent taler"than a cooperaijve agreement. L. Grantee understands that TransNfunds derive from retalj transactions and use tax revenues which fluctuate. SANDAG's fundin§ cisimt tment to ATGPIkrojects, including this Project, is subject to these fluctuations, which '-ryimp cfoidingavai[ai?iirtyforthisProject. NOW, THEREFORE, it is agreed as follows: DEFINITIONS .3 A. Application. 713eiigned anal dated grant pplication, including any amendment thereto, with all explanatory ssuppftitin9, and--supplemltary documents filed with 5ANDAG by or on behalf of the Grantee nd accepted r appro+ed by SANDAG. All of Grantee's application mat . ials, not in confliCtorth this Agreetne t, are hereby incorporated into this Agreement tirough ful]y t forth leerelrr ... •:Approval. Authorizatiton, Co irrence.;Waiver. Awritten statement (transmitted in Written hard cope, r r.electronically) of a SANDAG official authorized to permit the Grandee to take or onittajl action required by this Agreement, which action may not be taken or omit e i without sett written permission. Except to the extent that SANDAG determines otherwise iu witirxg, sz,ich approval, authorization, concurrence, or waiver permitting the performance .t;mssion of a specific action does not constitute permission to perform or omit other siniierar actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is 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 SGWP.] OR [ATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds.] E. Grantee. The local jurisdiction that is the recipient of [SGIP or ATGP] funding under this Agreement. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the grantee to proceed with all or a portion of the work described in the Scope of Work. Grantee shali not proceed with the work and shall not be eiigri to'receive payment for work performed prior to SANDAG's issuance of a Notice to Blau ed. G. Subgrantee. Any contractor or consultant, at any tier<pai+ di? Uy or indirectly with funds flowing from this Agreement for the Project. 1I. PROJECT IMPLEMENTATION A. General. The Grantee agrees to carry out the Prat as foJ#;Ws: 1. Project Description. Grantee agrees to perfilt} ework as described in the Scope of Work included as & lr rnent A. 2. Effective Date. The effective dateoJ this:Agreementorany amendment hereto is the date on which this Agreement,,or.an amendment_is fully -executed. The Grantee agrees to undertake Project work pronely after ts09-0 Notice to Proceed from SANDAL. 3. Grantee's iapa TI1e Grante +,agtees•to maintain or acquire sufficient legal, financial/feChnical, ardrnanageriaLcapacityto: (a) plan, manage, and complete the Project 444 provide folk -the use of any Project property; (b) carry out the safety and security aspen of the_Pr lect...and (c)\comply with the terms of the Agreement and all applicable lawws,, regu(atiOns,. id pDJicies pertaining to the Project and the Grantee, -111cluding ;+gut nolAratted to the TiansNet Extension Ordinance and Board Policy . No. Project Scheluie The n..tee agrees to complete the Project according to the Project Schedule included in Attachment A and in compliance with Board Policy N,N:o..035, as amOded, and included as Attachment B. S. Pribksitst lmgsleiaa.entation and Oversight. Grantee agrees to comply with the Projectowitrtaentation and Oversight Requirements, included as Attachment C, and Board P6Ikt7.7 No. 035, 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 AJGP] 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 [SGJP 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 ATGP1 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, othei dyen.irs, a id t'let.ir.ii uiTki is.'oi The G'r ntee agrees to assist SANDAG with media or community events related to theProject, such as ground breaking and ribbon cutting. Press materials shall be4rowded to SANDAG staff before they are distributed. SANDAG logo(s) should be i hided i.press materials and other project collateral, but may never be included in slu"docum.without advance approval from SANDAG. �'' : As part of the quarterly reports submits f SANDAG, the Grante x grees to provide project milestone information to suppoit, edia and.,6ordrnunications`bfforts. SANDAG reserves the right to use the information pro idecY'isy: the Grantee for any combination of the following, including but not limited to:'s ciat media posts, online photo albums, videos, ress releases, Pow l. p 't�ntpresentations,'tb`tlpdates, newsletters, and testimonials. In submitting pj'IotR&to SAIUDAG, the t caritee agrees to release the rights of the photos to SANDAG fort`use` �� 8. Project Signage and Designa\tion of TrinsWeitfluVded Facilities. Each capital project in exogs of $250,000 fundkd ip4h fe or in art by revenues from the TransNet Extension i rdinariCe$hal! be cleari\x:clestgnated during its construction or implemtation as being provided byraevenues from the TransNet Extension Ordinance. Grantee agrees to. folfowtne Project Sitinage Specifications. SANDAG will provide sign ecifications. 5�antee agreetofirrtl+sign specifications and submit proof files to SANDAG fjorapprovel before printing. Baseline Da a Collects ; For capital projects, Grantee is required to coordinate with SANDAG staff tfa the development of a baseline data collection plan in accordance with the Projectiimplementation and Oversight Requirements. B. Applion,of Laws Should a federal or state law pre-empt a local law, regulation, or the TransNet ter siorr finance, the Grantee must comply with the federal or state law and impiementirit .reg _+rations. No provision of this Agreement requires the Grantee to observe or enforce compligce 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 or ATGP] 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.Gi-antee may delegate any or almost a!! Project responsibilities to one or more subgrante the Grantee agrees that it, rather than any subgrantee, is ultimately responsible fo to rp1+a1r e. with all applicable laws, regulations, and this Agreement. `'. E. Third Party Contracting. Grantee shall not avrd contracts over thre thousand dollars ($3,000) on the basis of a noncompetitive pr re-fnent for work to be pe ed under this Agreement without the prior written approvalof`SANDAG.Contracts awar by Grantee, if intended as local match credit, must meet the recuireme tset forth in this Agreement regarding local match funds. 1. If Grantee hires a consultarrtV carry. out profesticipalservices funded under this Agreement, Grantee shall:: pare. nlfidependenl st..Estimate (ICE) prior to soliciting proposals; publiclj►,,ddvertise for competing proposals for the work; use cost as an evaluation factor ifi'tilectinithe cc u]tant; document a Record of Negotiatiod(RON) establishing .tiat'eamount paid by Grantee for the consultant servicef.fair`a`rd,reasonable; a pass through the relevant obligations in this Agre.erit to the lonsultant. 2. If Grantee jures,a`cphtractor-to carryout construction services funded under this _Agreement 'Gr; ntee shall -epai aii ICE (e.g., a construction cost estimate) prior to sojicittri ,.bids; Nthlicly advertise=for competing bids for the work; award the work to thelOwpt responseand responsible bidder; document a RON establishing that the amount Oki. by Grante tor the construction services is fair and reasonable; and pass throug') the relev:a`ht obligations in this Agreement to the contractor. F. GrarAee s Responsib ity to Extend Agreement Requirements to Other Entities 1. ;1 AffeiVlabd. Grantee agrees to take appropriate measures necessary to ensure that allidjett.participants comply with al! applicable federal laws, regulations, and policies afting 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 (subegreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G, Cad! SAN AAr of*it ntCfR?7 tn connection ith t u Pr 'ect, the Grantee agrees that SANDAG shall not be subject to any obligations orix ibiitties to any subgrantee, lessee, third -party contractor, or other person or entity that's not a party to the Agreement for the Project. Notwithstanding that SANDAG may havei[onrrd in or approved any solicitation, subagreement, lease, or third -party cont{a etany t`t ; cS ..NDAG has no obligations or liabilities to any entity other than th &rantee, inc!uct any subgrantee, lessee, or third -party contractor at any tier. FI. Changes in Project Performance. The Grantceagrees to,ticOy SANDAG1, rediately, in writing, of any change in local law, conditions (iklydinn ..ftis egal, financial, ortechnical capacity), or any other event that may adversely of t 3rantee's ability to perform the Project in accordance with the tern o#the Agreement:nd•as required by Board Policy No. 035. The Grantee also agrees t -ti SANDAG imme4iately, in writing, of any current or prospective major dispute, breach, .tiefau'itti3Oktigation that' ay adversely affect SANDAG's interests in the Project; and agrees ta,mform SANIDAG,'also in voting, before naming SANDAG as a party to litigation for any reason,,A6 arly` t:..At a minimum, the Grantee agrees to send each iticeto SANDAG r ujitd by this subsection to SANDAG's Office of General Counsel` • Standard of Care. The Grairte,e expressly vaunts that the work to be performed pursuant to this Agreementspaj br'perfogried in_accdcdance with the applicable standard of care. Where approval by SANDAG its Ei tive 1Di ector, or other representative of SANDAG is indi ed in the Scope of,:Work, it is uncle food to be conceptual approval only and does not x teve the Grates of respotst i.lity for complying with al! laves, codes, industry standards, •and liability for da%ages causel b, negligent acts, errors, omissions, noncompliance with \d;.rstry standards, ort*:e wi!!fu!'rs sconduct of the Grantee or its subgrantees. 111. ETlfi. A. Grarutee' e_of. i uct/Standards of Conduct. The Grantee agrees to maintain a written code`s ►thict or standards of conduct that shall govern the actions of its officers, empioyees, couftci#or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with [SG?P or ATGPI 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, !essec, or third -party contractor at any tier or agent thereof. The Grantee may set de minirnis 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 personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, council or board members, or their agents, or its third -party contractors or subgrantees or their agents. 1. Persona! 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 subagreemerit suppurtrd by ISC,ir j;y AT•GP] Funding if a reai or apparent conflict of interest would be involved. Such a..ebrrf ictwould arise when an employee, officer, board member, or agent, includir any`mernber of his or her immediate family, partner, or organization that ploy§, orvntends to employ, any of the parties listed herein has a financial interes.ii .firm costing for award. 2. Organizational Conflicts of Interest. Tire Grantee agrees that -Its code of conduct or standards of conduct shall include pros for identifying and ting real and apparent organizational conflicts of interestAn orga; uzational confli o1 interest exists when the nature of the work to be pet frOzf under a proposed third -party contract or subagreement may, without some rsu1ctions on future activities, result in an unfair competitive adva e•to the third-partjcortractor or subgrantee or impair its objectivity in performing tract work. • B. SANDAG Code of Conduct. SAND :has esta iotted`policiestapncerning potential conflicts A of interest. These policies apply to Grantee For.I'asSANDAG, any practices which might result in unlat.i,I activity are pro'htbita.iiieluding, but not limited to, rebates, kickbacks, or other unlawftjl nsideratioms. SANDAG staff members are specifically prohibited frot participatin in the selecti in process when those staff have a close personal relationship, faMily.relatio2hhipi or_past (within the last 12 months), present, or potential business or employer ent r iatioisfiip With. a pigeon or business entity seeking a contract with SAND,,i ; It is unlawful r any contrattzto b0 made by SANDAG if any individual Bo rd m b crr'Staff I ak.a prohibited financial interest in the contract. Staff are also h bited frorvs'sol Ling ©r ccepting gratuities from any organization seeking funding from +3K rDAG. 5ANDAc officers. ei iovees; agents_ :arid i Rriard meq!bers shall not solicit or t aep4•gifts, gratuities,, favors, or anything of monetary value from consultants, potential corisvitants, or parties'to subagreements. By signing this Agreement, Grantee affirms that it has n4nowledge of,+tn ethical violation by SANDAG staff or Grantee. If Grantee has any reason t&-bsei eve a,,e r Thct of interest exists with regard to the Agreement or the Project, it shouid notify,,he'tANOAG Office of General Counsel immediately. C. Bonus C'kwi's±t 5sZTa e_ The Grantee affirms that it has not paid, and agrees not to pay, any bunus 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 invoices. 19 IV. AMOUNT OF FUNDING ASSISTANCE The Grantee agrees that SANDAG will provide ISGIP or ATGP] Funding for the Project equai to_ the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $, : or (b) the amount calculated in accordance with the Miax rEum Percentage(s) of SANDAG Participation, which is L percent %). 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 SANDAL Amount Awarded and Maximum Percentage(s) of SANDAG Participation. V, MATCHING FUNDS Grantee has proposed to provide matching funds for the Proktctand flterefore agrees as follows: A. Duty to Obtain Matching Funds. The Grantee *Jives to provide suffi sent funds or approved in -kind resources, together with theAS.GIP or ATGP] Funding awarded, that will assure payment of the actual cost of each Prd3ectactivity covered by this Agreement. The amount of matching funds and percentage(s) o1 n t hing unds Grantee sha1 ,rovide are set forth in the Approved Project Budget. The Grantee -agrees ] to complete all proceedings necessary to provide its share of the -Project costs at orre the time the matching funds are needed for Project costs.• B. Prompt Payment of Matching Funds. The ariteeagrees tc provide the proportionate amount of the matching funds prom as it inc project costs or Project costs become due. Each of Grantee's invyabes_must includi prg.4`ata matthipg fund contribution as reflected in the Approved Pro*.Budget,along witli Siifiporfing, descriptive and/or explanatory documentation- t e matching funds pi'pvacled. C. Reduction of Matching F -The Grantee agrees that no refund or reduction of the amount of matching .'furids.mayf rnade..unlefs, at the same time, a reduction of the proportimatamount Of the.[SGIP oi--A Pj ;Funding provided is made to SANDAG in order to r ritaiii*e aimum Per etitage(s) of SANDAG Participation. VI. ='.,,,,t, O'--'E'� PrIOSE DGET... ti• Excepttdeextent that SANDAG determines otherwise iri writing, the Grantee agrees as follows: The Grantee,and.SANDAG hive agreed to a Project budget that is designated the "Approved Project Budge '.' tae Gran e.will incur obligations and make disbursements of Project funds only as authorized bed Project Budget. An amendment to the Approved Project Budget requires the issuanceofa,formal amendment to the Agreement, unless the re -allocation of funds among budge items �k.fi« that not total l u +the. [SLIP .ATV] budget tit rtt .,..al years increase the v�ti� amount of u�.. i.,.,�i or ATV] � 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 SANDA.c3 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. Inc, 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 tor 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 j t fled by the matching share previously provided, or 2. Take any action that would cause the proportion of[SCi'or, ATGP] Funding made available to the Project at any time to exceed thi -centar e•a.uthorized by the • Agreement for the Project. R. Payment by SANDAG. Upon receiving a request for payment and ade ate supporting information, SANDAG will make payment, [o-for`projects v ith TDA fundifrwouthorize the County of San Diego to make payment] for eligititmouiiis pp Grantee withihAirty (30) days if Grantee has complied with the requirements se Agreement, including submission of a Quarterly Report which is inclytied as Attachment,R,tias satisfied SANDAG that the [SGIP or ATGP] Funding requeste4 .n..0edeci for Project 014ripOses in that requisition period, and is making adequate progress ti 4rc1"4 t-completion,,tonsistent with Board Policy No. 035. After the Grantee has demopstratecrsatofiaRry comp is ce with the preceding requirements, SANDAG may reimbursktl a Gran 's;i aterit allowable costs incurred consistent with the Approved Project BlidOet/SANDAG shelf retain ten percent (10%) from the amounts invest d untij, tttisfactory c'dgniPtetiOn of work. SANDAG shall promptly release retention amod tsto Grantee following antee's satisfactory completion of work and receipt of Grantr 's final intkiise and all recid documentation. C. Eligible Costs. The`tirarit- agre esthatProj ct costs eligible for [SGJP or ATGP] Funding mut p y—withthe .ol.1owing requirerniims, unless SANDAG determines otherwise in tirg."To bipeliga le fort reiettb.ursement, Project costs must be: Consistent with tie Pro eL Scope of Work, the Ap proved N" Project Budget, and Hiner provisions of the Agreement. 2. \`Rt essary in order to accomplish the Project. Q. Re35 ^for the goods or services purchased. 4. Actual ne -cosfis to the Grantee (i.e., the price paid 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 TEA] Funding as part of the [SLIP or ATGPI. f. lnd;rest Cots are only allowable with JlllrS1NE.Hr tlp{ViL]. rFd1iCC roust JlL(ll the following documentation as part of the grant applicatic, 'materials: (1) an indirect cost allocation audit approved by a qualified independent utitor or (2) the applicant's proposed method for allocating indirect costs in accord ce with OMB guidelines. Indirect cost allocation plans must be reviewed at d eenev annually. 10. Project generated revenue realized bythe,Grartee shall be utilrzed •in support of the Project. Project generated revenue andelveoditures, if any, shall`tae reported at the end of the Agreement period. Excluded Costs �' _ ` / 1. in determining the amounttf ISGIPor ATEP] Functing SANDAG will provide for the Project, SANDAG will exclude.• a. Any Project cost incurre ;by the Gram 'Wore eider the date SANDAG issues a Notice to Proceed to Gran .or th f ecbh Date of the Agreement or any Amen tteto; 1 �' b. AOcost that is''not included in the latest Approved Project Budget; c. Any ct-t for Project property or.ices received in connection with a subagre + it, lease dparty hlontract, or other arrangement that is required tote, but riot been, cohrAired in or approved in writing by SAN DAG; and Anytspst ineligibl for SANDAG participation as provided by applicable laws, regulaf?Qn ;.or poIice. Certain costs attires associated with bicycle and pedestrian projects are not eligible `en.the benefrt,provided is not the exclusive use of bicyclists or pedestrians. These inittnees.are)ikefi below. a. C a td gutter are part of the roadway drainage system. As such: newly installed curb and gutter cannot be considered an improvement exciusiveiy 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 sicievvaik. 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 Gran ee' for any Project cost does not constitute SANDAG's final decision about whether thatcost is allowable and eligible for payment under the Project and does not constitute a wad ofatiy violation by the Grantee of the terms of the Agreement for the Project or Board- icy No:.1 5 The Grantee acknowledges that SANDAG will not make a final,y t,:rrnination abt the ailowability and eligibility of any cost until the final payment hasbeen made on the Pr� or the results of an audit of the Project requested by SANDAL'` Ifs Independent Taxpayer Oversight Committee (ITOC) has been completed, which .occurs la est: If SANDAG Iternines that the Grantee is not entitled to receive any portion tirteliG1P or ATGP] Funding requested or paid, SANDAG will notify the Grantee in writing, sta g its reasons. The Grantee agrees that Project closeout will not alter theGrantee's responsibilityto: return any funds due to SANDAG as a result of later refunds, correctiptit-TOrifbrmance defi ences, or other similar actions; nor will Project closeout alter SANDAGr..ig ht t`o -disallow costs anctrecover funds provided for the Project on the basis of a later audit orother reviei . 1po .notification to the Grantee that specific amounts are owed to SANDAL vheth,eif 'exc .payments of [SGIP or ATGP] Funding, disallowedito or funds recoc(ered frorn third parties or elsewhere, the Grantee agrees to promptly r+emlt to.NDAG the`rrpUnts owed, including applicable interest, penalties and a1ministrativecharges. VIII. ACCOUNTING RECCtW5/ • In comoli cewith iicable ,; :regulations, -,and policies, the Grantee agrees as follows: A. , :'Project Account§, .sae Granter aiorees to establish and maintain for the Project either a '`karate set of accobriti.or sepalto accounts within the framework of an established a t 1t ng system that n be identified with the Project. The Grantee also agrees to mairhain documentatibn of all checks, payrolls, invoices, contracts, vouchers, orders, or other account documen4 related in whole or in part to the Project so that they may be clearly identified>,d.ily*cestible, and available to SANDAG upon request and, to the extent feasible, kept`3pparate from documents not related to the Project. El. 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 al! reports required by law and regulation, policy, this Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that all reports and other documents or information intended for public availability developed in the coarse 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 fo Three years thereafter from the date of transmission of the final expenditure report, the/Grantee agrees to maintain, intact and readily accessible, al! data, documents, reports, recd¢,•con`.s, and supporting materials relating to the Project, as SANDAG may r tire. D. Access to Records of Grantees and Subgraniees. The Grantee agreec;to permit, and require its subgrantees to permit, SANDAG off-.its.o.uthorized.representatives, upon request, to inspect all Project work, materials, payrolls, and'okterda 3, and to audit the bgoks, records, and accounts of the Grantee and its subgrantees portaiiing to the Project. E. Project Closeout. The Grantee a greei that Project closeout not alter the reporting and record retention requirements oft ;'71JetkOerit, F. Quarterly Report. Grantee shall suit writtefl uarterly reports to SANDAG detailing the progress of its work, expenditures incutred, aru infronlatipn regarding whether the Project is projected to be completed Within the linlItsattheApproved Project Budget, Project Schedule,arid consistent with Bo d Pglicy No. 035 and any policy amendments thereto. Grantee shall docuri ent the progr'assanci results of work performed under this Agreement to theatisfactjon'Of SANDAL. This includes progress and final reports, plans, specifications, estimates, dbt# er, evidence Of attainment of the Agreement objectives, whicliate-reques.ted bitALANDAG or It6C, Grantee may be required to attend meetings of SASIDAG sta .lnd commies,.including but not limited to ITOC, the Regional Planning Cornmittee, theme ortat.I nmmittee. and the SANDAL Board of Directors, to report on J s progress and rerespcaid to quc3 ons. G. Coh rnti nities Served Data and Report. If requested, Grantee shall provide SANDAG with data regarding ing how tie Project's benefits and burdens were equitably distributed among socio and'onomit;piopuJations in the area affected by the Project, and associated smart grown data- A. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAL, 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 Star: Please choose the appropriate: For TransNet-funded projects: The Grantee agrees to have financia! and compliance audits performed as SANDAG may require consistent with the 1tansNet Extension Ordinance. T heGrantee 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 conance audits performedS1NIDAG may require consistent with Public Utilities Code S'octkiin99245,_f .,TDAfunds;'arid consistent with the TransNet Extension Ordinance for rransNet`r'gn# . TheGrentee agrees that:Project closeout will not alter the Grantee's audit responsib4,ittet.Audit costs are allowable Project costs. C. Performance Audit. The Grantee rees.,1 oeQperate witfa SANDAG or ITOC with regard to any performance audit that is perfolp e4 on Pro ject pursUant to the TransNet Ordinance. D. Project Closeout. Project closeout oc4iri wh9tiSANDAG otifies the Grantee that SANDAG has closed the Proj+ and; If applicableXtut4fer fdrwards the final [SLIP or ATGP] Funding payment and o cicnowledgesthat the Grantee has remitted the proper refund. The Grantee agrees that PrOkectcloseoutSy.SANDAG ddias. rot invalidate any continuing requirements imposed by the A reemenVor iy- nmet rein i iements set forth in a written notification from SANDAL. E. lA¢'i'3,j vsz...praritee w4awarded this Agreement based on representations in its grant ;'a p'ication regart4n6 the Priests intended use. If the Project is a capital project, Grantee Eta 2hv r_rftilmits toil{ tinued usc of the Project for the purposes stated in its application for ,a 'period of at least fivel rs after completion of construction. SANDAG may require Grantee to rist.nwl SGIP fundin0-provided for the Project in the event Grantee fails to utilize the Projeet$or.its intende4 purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PkOGREli AND RIGHT OF SANDAG TO TERMINATE A. Grantee sha!I make diligent and tirne!y progress toward co pl tion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy . to. 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 shaii 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. U1j ,rr vv ii,tt ri no Lice, the Grantee agrees that SANDAL may suspe► d or terminate ail or any part of the [SGIP or ATGP] Funding to be provided for the Proj:ert rfthe Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if.SANDAG determines that the purpose of the laws or policies authorizing the Project uiiff'ntgt be adequately served by the continuation of [SLIP or ATGP] Funding for the Proj ct.\ O. In general, termination of [SGIP or ATGP] Funding for the Project will hotinvalidate obligations properly incurred by the Granteet►efore the terrrnination dated the extent those obligations cannot be canceled. If, however, S DAG detPeres that the ariee has willfully misused [SGIP or ATGP] Funding by failin.to meadequate progress, -or failing to comply with the terms of the Agreement, SANDAG re erbes the right to require the Grantee to refund to SANDAG the entire *01..nit of [SGIP or ATGFJ funding provided for the Project or any lesser amount as SANDAG try amine. Expiration of any Projccttime period, tablishe tlie:Project`'Sthedule will not, by itself, automatically constitute an expiration f;termi ri-ofOmAgreement for the Project, however, Grantee rnf�st request and SA} DA m y agree to amend the Agreement in writing if the Project Scly uje.Wi1% i st be met. kaitiendment to the Project Schedule may be made at SANDAG's el'fstretion if Gr tee's requestis•consistent with the provisions of Board Policy No. 035. XIII. CIVIL MOM The G hteeagrees tQco iply -ail applicable civil rights laws, regulations and policies and shall inclvile.Ithe provisions otthis..Sectiop 2..in each subagreement, lease, third party contract or other legally binding document''tp -erform Viork funded by this Agreement. Applicable civil rights laws, reguladoktsand policies incilride, but are not limited to, the following: N I. A. Nond m.inationi.SANDAG implements its programs without regard to income level, disability, e;=.cold. aid national origin in compliance with the Americans with Disabilities Act and Title`s vrthe'Civi! !tights Act. Grantee shall prohibit discrimination on these grounds, notify the pub• 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 SAN DAG 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 ail 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 evaluations 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 Ci)a*4tei 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated intcytlai6,Agreement by this reference and are made a part hereof as if set forth in full. Granter attic .its subcontractors shall give written notice of their obligations under this clause tcir)'fortgonizations with which they have a collective bargaining or other agreement. XIII. OWNERSHIP OF WORK PRODUCT SANDAG shall own any deliverables created in who`Iq_or in part -fat SANDAG's befit pursuant to the Scope of Work for the Project. The term "delive( e ' infudes, but is not, limited to, all original drawings, reports, photos, and other documents,•f ttctuding detailed calculations and other work product developed for the Project.6r services performed, tii the Project. XIV. DISPUTES AND VENUE ,, `ice ,. \. A, Choice of Law. This Agreement sliall`be inter ted in -accordance with the laws of the State of California. E. Dispute Resoldtiion 'Procloo..In the ev+trt Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee 441 continue to perform unless SANDAG informs Grantee in writing to cease.peef ?rrnance. T e dispute resolution process for disputes arising under this Agreemefl s ih:i]'be a fows:- ,_ 1 t ra shall subs it a statement of the grounds for the dispute, including all pertinent- 'late.,s, na?r s-of persons involved, and supporting documentation, to SANDAG's Pr t M nig .. The Project Manager and other appropriate SANDAG staff .will review the, ocumentation in a timely manner and reply to Grantee within twenty (20) calendar day,s, Upon receipt of an adverse decision by SANDAG, Grantee may ' i snit a request for reconsideration to SANDAG's Executive Director. The request for rec'ensideratkin rust be received within ten (10) calendar days from the postmark date of S41,D's:'repiy. The Executive Director will respond .to the request for reconsidekat on 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 Pianning Committee for SGIP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. 27 C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. in the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. XV. ASSIGNMENT Grantee shall not assign, sublet, or transfer (whether by assignment or. i vation; this Agreement or any rights under or interest in this Agreement. XV!. INSURANCE Grantee shall procure and maintain during the period of -performance f this Agreement, and for twelve (12) months following completion, policies of insurance frolta .insurance companies authorized to do business in the State of California' or,the equivalent types'»nd-amounts of self- insurance, as follows: • . A. General Liability. Combined single limit of I$ O49JOD `per occurrence and $2,000,000 general aggregate for personal anti bodily injury; iiil tsdt g death, and broad form property damage. The policy must include arr:acceptable "Wa&ver•.of Transfer Rights of Recovery Against Others Endorsement." The, ii C.it iSt-name SANW as an additional insured in the endorsement. A deductible or reten ma i1 utlized, subject approval by SANDAL. B. Automobile Liability for personal and bodiWiripty;-mdutiing death, and property damage in an amount not lea than:$1,000,000. \ •.•./ C. Workers` Compensation and Employee' liability. Policy must comply with the laws of the State of Cal9(ia. The policy must in':tde an acceptable "Waiver of Right to Recover From Others EndorS t nt" n 5.Afa1DAGV an additional insured. D. Ott Requ entsf'Grantee shall furnish satisfactory proof by one or more certificates t ng nal copies ..that it has„the foregoing insurance. The insurance shall be provided by an <'. acceptahle insurance provider, a5 determined by SANDAL, which satisfies the following `minimum requirerne: s: 1. \ n insurance carrier qualified to do business in California and maintaining an agent for serviceof pre a.ss within the state. Such insurance carrier shall maintain a current A.M`'$est retina classification of "A-" or Netter, and a financial Si,p of "$11) million to $24 miiinn (C'Fass 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 snail be considered a cancellation. KVI1. INDEMNIFICATION AND HOLD HARMLESS A. Generally. With regard to any claim, protest, or Jitigation 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 ciaoms against the Project, assertassertati or established !;ability for dariages or injuries to any person or property, including, fury to the Grantee's or its subgrantees' employees, agents, or officers, which arise fiori err are connected with or are caused or claimed to be caused by the negligent, reck1e or. iUlful acts or omissions of the Grantee and its subgrantees and their agents, officejsy'vr erriplCyitK".in performing the work or ;entices herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Grantee's duty'ta'indemnify and hold harmless shall not include any claims or liabi ty.prising from the establisW.sole negligence or willful misconduct of SANDAG, its Board of%tors, agents; officers, or 'etitprgyees. B. Intellectual Property. Upon request by SANDAG;..,,the Grantee agrees to indemnify, save, and hold harmless SANDAG and i93oard of Directors; cers, agents, and employees acting within the scope of their officiaNd. utiks against any lia'bbil3ty, including costs and expenses, resulting from any willful or inteitItional,i4ipittion by thie, Grantee of proprietary rights, copyrights, or right of privacy, arittng out o •)the. blication, translation, reproduction, delivery, use, or disposition of any dat i furnishe Onterttte-P-roject. The Grantee shall not be required to indempif 'SANDAG for any clf-..ilatiility caused solely by the wrongful acts of SANDAG empl oyeor ag e... XVIII.INDEPENDENtcONTRACT ,_, A. Status of Grantee.antetsh-all rf the services provided for within this Agreement as an int1e'pendent•contra r,::and not ak-ag employee of SANDAG. Grantee shall be under the antrei`of SANDAG`.es to* result to be accomplished and not the means, and shall consult fSANDAG rr t �y, r of per SANDAG as �ovided IONti the Scope work. The payments made to Grantee pursuant Agreement s`haii i2e the'NI and complete compensation to which Grantee is entitled. SADAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shaIk of be required tci' pay any workers' compensation insurance on behalf of Grantee. Grantet,kgrees to i unify SANDAG for any tax, retirement contribution, social security, overtime rigsien :'r:workers' compensation payment which SANDAG may be required to make on beh t of -Grantee or any employee of Grantee for work done under this Agreement. B. Actions on behalf of SANDAS. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 29 XIX. SEVERABILITY AND INTEGRATION !f any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or aitered except in writing, signed by SANDAG and the Grantee. XX. PROJECT MANAGER The Grantee has assigned [INSERT PROJECT MANAGER NAMElffis the Project Manager for the Project. Project Manager continuity and experience is deemed,se tja1 in Grantee's ability to carry out the Project in accordance with the terms of this Agrentantee shall not change the Project Manager without first providing written notice to,gNbAG. \. XXI. NOTICE Any notice or instrument required to be given or i elrtared by thiS Agreement ay be given or t,. delivered by depositing the same in any United States 'i�, #fke, registered or certified, postage prepaid: addressed to: San Diego Association of Governments 401 8 Street, Suite 800 San Diego, CA 92101 Attn: Susan Baldwin / Suchi Mukherjee Grantee: . [LOCAL AGENCY NAME [LOCAL AG ENCY ADORES5I Attn: [LOCAL AGENCY JECT I si ►DER] Notice shall be -effective uporkreceipt there Note le SANDAL Contracts f After receiving this original agreement back from the Gee and befre r▪ o• etinoT the,priginal agreement for final SAkit,O, C' "ref°' signatures, confirm With SANDAG4inance and Planning staff that the applicable R??P has been ap,rov€,. 30 XXI1. SIGNATURES The individuals executing this Agreement represent and sarrant that they have and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of above. SAN DIEGO ASSOCIATION OF GOVERNMENTS IINSERT JURIST 7Ns the regal capacity the date written GARY L. GALLEGOS OR DESIGNEE Name] Executive Director ; •• tle7 APPROVED AS TO FORM: Office of General Counsel 31 APPROVED -AS TO FORM: . / 0i00 ``.-. 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 CONS T KULI ION, MASTER PLAN, ETC.), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUII ')`" •� TrarrsNet MPO ID NO. 32 ATTACHMENT B BOARD POLICY NO. 035 COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy This Policy applies to all grant programs administered through SADAG, whether from TransNet or another source, including but not limited to the Smart Grov0 Inwitive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior<:` +10 G� t Program, Federal Transit Administration grant programs, and Active Transportatio r :r.a it Program Nothing in this Policy is intended to supersede fedeitil or state grant rules, regu ations, statutes, or contract documents that conflict with the requinamints in this/Policy. There re never enough government grant funds to pay for all of the projects prthy44 funding in the Sag Diego region. For this reason, SANDAG awards grant funds on a comptie.basis that takes the grantees' ability to perform their proposed project on a,,iniely basis into ac rt._SANDAG intends to hold grantees accountable to the project schedules p f ff have proposed r:Order to ensure fairness in the competitive process and encourage grarirtees to-g. their project'§:„implemented quickly so that the public can benefit from the project deliver ales as sotai `possible.'`- Procedures 1. Project Milestptie and Colpietion Deacilines 1.1. When `signing a jgran#_ agreement `.for a competitive program funded and/or administered by S` 1 ACa; g recipients *st agree to the project delivery objectives and schedules -in —the agreement. In addrtign, grantee's proposal must contain a schedule that { 1s Lath folloWlg. deadlines. Failure to meet the deadlines below may result in evocation of at. grant fU'hil.s not already expended. The final invoice for capital, planning, or.operations oaf" itted pr rn to the appiic b deadline, •. 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the `project muse be completed according to the schedule provided in the grant '-iti,greementibut at the latest, any necessary construction contract must be awarded ..it ..r,:.� _ folk- ..:__ r ���+'a+�� �a•v gcn�3 i�Jleuvveii� cria�uuvii �� the grant agfeeiiPefsi, and e.VClsLruttlon must a completed within eighteen months following award of the construction contract C.:orri1J CL On of construction for purposes of this policy sha:i be when the prime construction contractor is relieved from its maintenance responsibilities. if no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be 33 complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. if no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. if the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the grant agreement, .and the operations must commence within six months following award (One/Operations contract. If no services contract for operations is necessary, the, erat;oi;s project must commence within one year of execution of the grant agrree nent:\ 1.1.4 Funding for Equipment or Vehicle, Grants. If thegsnt will fund equipment or vehicles, the project must be comply according to the s edule provided in the grant agreement, but at the latest, atwnecessary purchase con for equipment or vehicles must be awarded within. one yearef011Owing execu to of the grant agreement, and use of the equipment 6icvetlides far the benefit of the public must commence within six months following aw1.of'the purchase contract. 2. Project Milestone and Completion D iire Extensions" 2.1. Schedules within grant agionnents'nuly l udo prbj ct scopes and schedules that will identify interim milestones in addition 'Owl:tune efeseiribed in Section 1 of this Policy. Grant recipients may rive extensions'' or the project schedules of up to six months for good cause. Ex `rsions.f up to six mSi hsaggregate that would not cause the project to miss a completion deadline. in Sectioii.,,1:`may be approved by the SANDAG Executive Director. Extetrqons beyond six months aggregate or that would cause the project to miss a completion dead e in tide f:'tticist be approved by the Policy Advisory Committee that has been_delegated e:necessary. uthor—ty by the Board. For an extension to be granted un;iderthis Section 2, th fr liowir'.g conditions must be met: 2.1.1. r e?xi.ensio ,reauests of up to six months, the grantee must request the extension its vi.friting t6-etne SANDAG Program Manager at least two weeks prior to the earliest eject schedule milestone deadline for which an extension is being requested. T%te`Executive Director or designee will determine whether the extension ``•.should be anted. The Executive Director's action will be reported out to the Board in wing month's report of delegated actions. 2.1.2. ` grantee seeking an extension must document previous efforts undertaken to maintain the project schedule: explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. 34 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that wiii cause a project to miss a completion deadline in Section 1 (including those projects.4h t were already granted extensions by the Executive Director and are again falliti .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 5l4turrient previs 'efforts undertaken to maintain the project schedule, explain the reas for the delay, 'e `' in why the delay is unavoidable, and demonstrate an ability to,.,sbed in the extended ti frame the grantee proposes. The grantee must provide the netvliary information to SANDA9 staff to place in a report to the Policy Advisory Committee. '1 st'ffi rttime is available, and the grant utilized TransNet funds, the request will first taken to the Independent Taxpayer Advisory Committee (ITOC) f6r: -a recommenda`to#f:. The grantee should make a representative available at the, g to present 'tom :information to, and/or answer questions from, the ITOC and Po144Adviseity mittee. '`t 3.3 The Policy Advisory Committer will on1y'grarktan`extension under this Section 3 for extenuating circumstaiites.that the gr‘vrrte0atkicinot fiavie reasonably foreseen. 4. Resolution and Execution'of the Grant A9reement 4 4.1 Two weprior,.to ##'fie-t-_eview by: Policy Advisory Committee of the proposed grants, prospective. rar9t rnustsu it a kuSolution from their authorized governing body that it7tdes the provisions in this section 4.1. Failure to provide a resolution that meets f e.requiren its in thi ubsection 4.1 will result in rejection of the application and the application wil1\41a dronpeV from consideration with funding going to the next project as stored by the eval{i"q on coliiitti°t ee. In older to assist grantees in meeting this resolution '''ead11ne, when SAr+D G issues the call for projects it will allow at !east 90 days for grant arlokcaiti.on submissk n 1.i .. GrAthtek governing body commits to providing the amount of matching • fungSseiTti,rth 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 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 iri this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted• January 2010 Amended: November 2014 36 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any charges to staff assigned. J 2. Baseline Data Collection: Prior to the construction of g �artrfonded improvements, the Grantee is responsible for developing a baseline data collections. Win with SANDAG to gather information on pedestrian and bicyclist activity. At a mini.raii.data should be collected for observed bicycle and pedestrian volumes, behavior, and attit-in t froject area. Once the data collectionplan is approved bySANDAG staff the Gran pp t: is esponsibl�..f�� carrying out the plan and returning collected data to SANDAG as a deliverable. Standardizeefgrfris required for data collection will be provided by SANDAG.. Grantees are encouraged to use the National Bicy, C ,and/Pedestrian Documentation Project methodology and plan for the following: x• • Conduct counts prior to project conuction, during'lational Documentation Days in the second week of September. Su m . counts and•• rveys can be conducted during January, May, and July to provide V_Atonarclaka, If desired. • Conduct counts for :WO hours, at p timesrelatives the facility. For example, facilities attracting utiliti n. trips:should be eopre4 on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., vivlitreas faCiliVesattractin :,r& reational trips should be counted on a Saturday, from 9 to 11. • In the case that the above tirrllefrar are -deerri i-' infeasible due to the project schedule, the Grantee and.--SAfJPAG witcoiaborate ari; alternative data collection methodology and procedur0. A se et;of Grantees m lae.selert for in-depth evaluation by SANDAG, in which case, SANDAG wil! obittioct the data co!!e;[ effort'with required participation from Grantee staff. Such in-depth evaluatioq.:ccknducted by', SANDAG will take place solely for the purpose of SANDAG Active Trans okation data icdollection and monitoring efforts, and will not impact Grantees' budgets. Grantees should pl to 4udget five thousand dollars ($5,000) for data collection. For questions or assistance with data. 'collection, contact Christine Pare at Christ ne.FGry::,andag.org, or (619) 699-6928. 3. Design Development and Community Meetings: Grantee must provide SANDAG with advance notice (prpfprahiy 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 rneet 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 Invoices: Grantee must submit quarterly, reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipatedres next quarter, pending issues and actions toward resolution, and status of budget and s edule. Furthermore, the Grantee agrees to provide project milestone information (such as presatigns to community groups, other agencies, and elected officials, ground-breakings, and rib=cu +ils) to support media and communications efforts. 6. Media and Community Outreach Coordination:Press materials shall b\643rovided to SANDAG staff before they are distributed. SANDAG iogo(s)'sk ld be inclL4bled in press rhkorterials and other project collateral. Furthermore, the grantee agrees'Iv:.01-0Viqi.0yoject milestone•,Jnformation to support media and communications efforts. 7. Photo Documentation: Grantees aiteresponsible for the following photo documentation: • Before and after photos, which Id `be. taken from similar angles to showcase how a particular area has been transforms over time.; `, • Project milestone. hotooAsuch as groupd-.rigs and -ribbon -cuttings). • Photos taken t jt,rghout;crstruction aims and throughout the length of the project. Photos should be i>t gh resolution fat least 4 in es by 6 inches with a minimum of 300 pixels per inch) and contain capT.icinsta iith prolOrt .clescriAions, dates, locations, and the names of those featured,_if appropriate:k 8. Projot Signage:.f.a0projett or program in excess of $250,000 funded in whole or in part by re „tuea'from the Tra iNVa Extensigh ordinance shall be clearly designated during its construction or imjiernentation as be i,. provided -by such revenues. SANDAG will provide sign specifications. Grantee' ices to follow sign specifications and submit proof files to 5Ai 1DAG for approval before printing. 9. Performanconifing: SANDAG staff may measure performance of the constructed capital improvements aga -t ated project objectives, and evaluate the overall grant program. Grantee is expected to rneet wi SANDAG 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 1. Contact :zfcr:neAnn, 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 fop• review and comment for consistency with the agreed upon Scope of Work with SANDAG (Attacim►ent A). 3. Quarterly Reports. Grantee must submit quarterly .•- sorts to SANDAG, detailing accomplishments in the quarter, anticipated progress ne44:ortset, pending issues and actions toward resolution, and status of budget and schedule. 4. Stakeholder and Community Meetings. Grant must provide SANDAc with advance notice (preferably within two weeks) and agendas of a (.'stakeholder and commur i flieetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings' appropriate. 5. Media and Community Outreach Coordination. Pr materials shall be provided to SANDAG staff before they are distributed. SANDAS:vgo(s) should beAnduded in press materials and other project collateral. Furthermore, the Grntee,aW oes to provide project milestone information to support media and communications effort. 6. Photo Documentation. Grantees are re psible416tthslptiowing photo documentation: • Existing conditi ph , which sho illustrate the current conditions of the project site and demonstr te;the need,fot improvedtfacalities 8 Project milese photos Enoch as work's+ttops, presentations to community groups, other agencies, and elegy offdais).' Photos should be iih resol or .(at (east 4w�ches by 6 inches with a minimum of 300 pixels per inch) and oontairi-ic ttbns witty; project descriptions, dates, locations, and the names of those feat,ed, if appropriate:, 39 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and TransNetlTDA Active Transportation Grant Program Quarterly Report Report Submiital Date: [Insert] Reporting Period: [Insert - Example: FY 2014, Quarter 1] • PART 1: DESCRIPTION OF ACTIVITY FOR REPORTING PERIOD 1. Work Accomplished This Reporting Period [INSTRUCTIONS: Replace this text with a detailed description of work completed and underway during the reporting period In a bullet format, reference specific tasks.] Example: • Task 1 - Award Consultant Contract: issued RFP and convened a selection panel of 5 members from the City, MTS, NTCD, and 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 contractwith 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 this period and indicate the date submitted to SANDAG. Deliverables can be submitted as an attachment to thi; 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.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 Of Different from Grant Scope of Work) Anticipated Completion (If Different from Grant Scope of Work) NTP Date Task 1 [mm/ddiyy] irnmldd/yyl [In Proc r essi Completed/ Not Started] [O� . Time/ Delayed] [mmldd/yy] [mmkidtyy] Task 2: Policy No. 035 Milestone [mmlddtyy] [mm/cid/yy] fin Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/ddiyyl [mm/ddlyyl Task 3: Policy No. 035 Milestone [mm/dd/yy] [mmiddiyy] [In Progress/ Completed/ Not Started] lOn Time/ Delayed] [rnm/dd/yy] Cmm/dd/yy] • 41 • PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS Challenges and Actions Toward Resolution (If applicable) [INSTRUCTIONS: If you are experiencing challenges in completing project tasks, please provide information about the delay and actions taken to resolve issues. If an amendment is needed, provide justification and check the appropriate box below.] ❑ No amendment requested at this time ❑ 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 Prot -echo -es and grant agreement terms and conditions. • PART 4: PROJECT STATUS REPORT SIGNATURE Prepared by Date: Project Manager • 42 INVOICE INSTRUCTIONS Step 1: Complete the Quarterly Progress Report. Reimbursements cannot be made without a completed Quarterly Progress Report. Step 2: Gather Documentation far Staff Costs, Consu[tantUContractor Costs, and Other Costs. Provide SANDAL with a copy of any consultant and contractor agreernents awarded through the grant Staff Costs should be supported by certified payroll documentation Consultant costs should by supported by the consJltant Invoice AND a proof of payment. The proofo' payment can be either 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 cal 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 an invoice from the vendor or a receipt AND must be accompanied by a proof of payment. The proof of payment can be either a copy of the check provides to the vendor or a printout from the project's financial accounting system showing that funds were disbursed. Clearly 'identify (i.e., highlight er circle) all grant -related expenses on documents that include non -related costs. Step 3: Complete the Expense Summary. Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurred during 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 stare all sub -totals have been calculated correctly. Step 4: Complete the Invoice Staterent. Enter the costs for each task (calculated 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 remarning grant balance should automatically calculate. Step 3: Submit Quarterly Progress Report, Invoice, grid Supporting Documentation to SANDAG at sgatarants(cr7sandag.orq Sign and scan the completed Quarterly Progress Report. Submit it in PDF form Sign and scan the invoice staten.ent. Submit it in PDF form Submit supporting documentation in PDF form. Submit '.:he completed Excel workbook Files in excess of 6MB should be submitted via: https : Nsa n d aq .wetransfer.com`�� 43 PART is STAFF COSTS Pe monnel Staff Person A Staff Person B Staff Person C [INSERTADDITONAL LINES AS NEEDED] Time Period mm/dd/yy to mrNdd/yy mm/dd/yy to rwn/dd/yy mrn/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/CONTrtAC1raR, COS"d i Consultant/Contractor Consultant XYZ Consultant XYZ Consultant XYZ Outreach Organization ABC [INSERTADDrTONAL LINES AS NEEDED] Invoke No. Invoice Date Description of Costs 1 1/1/2014 Professional services for the month of January 2014 2 2/1/2014 Professions! services for the month of February 2014 3 3/1/2014 Professional serwrces for the month of March 2014 1 3/1/2014 Outreiach from January 2014 to March 2014 Amount Documentation Attached? $ 10,000.00 YES/NCB $ 10,000.00 YES/NO $ ' 0,000.00 YES/NCO $ 10,000.00 YES/NCB PART 3: OTHER COSTS Vendor VendorA Vendor VendorC [INSERT ADDIToNA.L LINES AS NEEDED] Invoice No. Invoice Date Description of Costs Arno 1 1/1/2014 Printing costs for January 2014 $ 1 2/1/2014 News Announcement for February 2014 Workshop 2/28/2014 Snacks for February 2014 Workshop 45 unt Documentation Attached? 100.00 YES,INO $ 100.00 YES/NO $ 100.00 YES'NO Match to Total to Data Date Staff Costs SC. 00 $0.0 $040 $4.00 $0.00 $0-00 $0 00 $0.00 $0 00 ELI) To: From: TASK PFP TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE SUCHI MIJI(FIFRJFE SAN DAG 401 f3 Street, Suite 1300 San Diego, .3A92101.4251 Fxnrn.B Addraee Project Name: IPROJECT NAME] Contract Number: 500XXX Grant Invoice Number: Billing Period: fnwlce Date: Grant Award: Balance Remaining FROM DATE $0.00 $0.00 TO Previous Balance Current MMIDOIYYYYto MMIDONYYY Fauabursed to Date $0,00 Existing_Conditicns Report $0.00 Public Outreach Draft Plan Final Plan $0 00 $0.00 Total[__ $0 00I $OAOE $0,00 $0.00 $0.00 $0. 0.00 $0 00 Consehani ay Contractor Coats: $0. 00� $0, 00 $0.00 $0_ DO $0.00 Other Costs $0.00 $0.00 $0,00 $0.00 $0.00 Total Expeesea SANDAG ro#al Match Spent This Invoice $0.00 $0.00 $0.00 This Invoice $0.00 $0.00 $0.00 This Invoice $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0-00 $0.00 $0.00 $0.00 $0.00 Total Project Budget lGrant + Match) Task 1 $0.00 Task Task Task 4 Task 5 $0.00 $0.00 $0.00 $0.00` TOTAL S- ANDAG Grant: $0.00 $0-00 Match: $0.00 SANDAG Contribution °A Required Match % #DWIO! #DIVIO! 46 $0.00 $0.00 $0.00 $0.00 $0.00 Total Current Expenditures: $0.00 Total Amount Duo this Invoice: $0.00 Less /0% ftefentIort: $0.00 Match (4 Met to Dots:1,iDNJ01 CERTIFICATION OF GRANTEE I hereby certifythat the a bow josh> were incurred in performance of the work required under the grant and are consistent with the amounts evidenced byattached supporting documents and epend itures. Signature Printed Name and' Title Date 47