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HomeMy WebLinkAboutCC RESO 2015-31RESOLUTION NO. 2015 — 31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT l PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE NATIONAL CITY PEDESTRIAN SAFETY ENHANCEMENTS AT MIDBLOCK CROSSWALKS PROJECT, ACCEPTING THE TERMS OF THE GRANT AGREEMENT WHEREAS, $3 Million ($3,000,0 ; ;) of Tr an s-Net funding for capital and non - capital Active Transportation Grant Program projects is available to local jurisdictions and the County of San Diego from Fiscal Years 2014-2016; and WHEREAS, the City of National City wishes to receive $625,000 in Active Transportation Grant Program funds for the National City Pedestrian Safety Enhancements at MidBlock Crosswalks Project ("Project"); and WHEREAS, the City of National City understands that the Active Transportation Grant Program funding is fixed at the programmed amount, and therefore Project cost increases that exceed the grant awarded will be the sole responsibility of the City; and WHEREAS, the City of 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 Active Transportation Grant Program funding in the amount of $625,000 for the National City Pedestrian Safety Enhancements at MidBlock Crosswalks Project. BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the National City Pedestrian Safety Enhancements at MidBlock Crosswalks Project, then the City of National City commits to providing $25,000, authorizes staff to accept the grant funds, authorizes the Mayor to execute the grant agreement on substantially similar terms as attached, and complete the Project. BE IT FURTHER RESOLVED that City of National City agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of National City's TransNet funded projects. PASSED and ADOPTED this 17th day of March, 2015. Pv- Ron Morrison, Mayor' ATTEST: /! j4a.1l■1:. Michael R. Dalla, Ci Clerk Claudia Gaciva City Attorney \,_, Passed and adopted by the Council of the City of National City, California, on March 17, 2015 by the following vote, to -wit; Ayes: Councilmembers Cano, Mendivii, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. r-,,�da�sta; r: n bNone. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California Clerk of the City o N National a nal City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-31 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 NCENT!VE GRANT PROGRAM OR TransNet ACTIVE TRANSPORTATION GRANT PROGRAM] THIRD FUNDING CYCLE CTRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND VVNSERT AGENCY/iURg5VAC RW. z REGARDING f dNr■ ERT FILL 'PROJECT T.4*tiice 1, THIS GRANT AGREEMENT (AGREEMENT NUMBER) (Agreels enti IS made this (Day] day of [Month], 2015, by and between the San Diego Association of rn 401 8 Street, Suite 800, San Diego, California, hereinafter referred to as SANDAG,. nc the [Gran . ient and Address), hereinafter referred to as Grantee. This agreement expos on [Month] [Day]zR[Year]. Note to Grant Recipient This Agreement Tec ate.. covers provisions for rth the SG1P and ATGP. Prior to contract execration, the Grant4greeme6t will be tailoredto reflect the applicable grant program. Nate to SANDAG Contracts Staff; Pr* r to internal noutr 7ferences to SGWF and ATGP should be updated as applicable. •. _ The following recitals are a substantive par', of this Agreaer tt; .. Note to SANDAG Contract Staff: Select ejther661P Recitals or ATGP Recitals Smart Growth Incentive Program (SGIP) Re is (A - J): A. The SANDAG Boar of Dire& -allocates furls under the TransNet local sales tax program to support local transp " tEtin-relate l infrastructtare projects in the San Diego region through a con etitive.ptocess. B. r' TransNet Ektensiton Ordki,ance contains provisions to fund the Smart Growth Incentive <a Dogram (SOP), r fund ny`tue n on April 1, 2008. The SGIP encompasses project; that IU r integrate trap g Eta#ion aiyd land use and recognizes the comprehensive effort to intii,,,tata smart growl i Mace making, access to transit, and environmental Justice. G In Janualy\2+ 10, therSANDAG Board of Directors approved Board Policy No. 035 - Competitive Grant Program Pecdtires (Board Policy No. 035), which is included as Attachment 3. This Grant Award, Avreement and the Grantee's performance thereunder are subject to Board Policy Iola. "s5, which includes multiple "use it or lose it' provisions. si. 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 IVIPO !D for the Project is [insert iD number]. The purpose of this Agreement is to establish the terms anci4ricntions for SANDAG to provide Grantee with funding to implement the Project.; o. Although SANDAG will be providing financial assist ego Grantett�_uPP � ort the Project, SANDAG will not take an active role or retain su, 4t:aJ control of tfttfotoject. Therefore, this Agreement is characterized as a funding went rather than a crerative agreement. J. Grantee understands that TransNet funds derive frt . transactions and use tax revenues which fluctuate. SANDAG's funding -commitment to Sr -Projects, including this Project, is subject to these fluctuations, whiff **impact funding.aLabillty for this Project. Active Transportation Grant Program GP ) . The SANDAG Board of Directors allot funds r ��� osNet local sales tax program and the Transporta j lopment AtiiaTDA support`Tocal bicycle and pedestrian transportation pj'>esTr,-.San Diego lifegitivn through a competitive process. 1 ' B. The TransNet E' on Ordinance contains visions to fund the Bicycle, Pedestrian, and Neighborhood Saf,' ro .QP), whiff .finding began on July 1, 2008. The BPNSP encompasiesbicycle a i' itdestrian-kameilItrojects and recognizes the comprehensive effort to ' pert grov dace making; access to transit and environmental justice. Ankle 3 of the TD *vides ing for Bicycle and Pedestrian Facilities and Programs. ti iter the TransNert NSP anti TDA Article 3 funding are commonly referred to as the SAS<,Active Translation Grant Program (ATGP). E. In January 410, thpiokfiDAG Board of Directors approved Board Policy No. 035 — Competitive Grant Progr 'P res (Board Policy No. 035), which is included as Attachment B. This Grant Award, Ament and the Grantee's performance thereunder are subject to Board Policy No. 035, which includes mufti* e "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 CaJI 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. ,'dote to SANDAG Contras Staff: Before finalizing this agreement for internal routing, obtain from SANDAG Finance and Planning staff the TTA Claims Number or TransNet MPO ID required to complete Recital 1, below. I. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes linsert dollar amount] in TransUet BPIVSP flindc and r'nsert dollar arnoubtlin TDA fun ds, and the Transider MPO ID for the Project is [insert ID number] and the: ;,Claim Number is finseri. claim number]. J. The purpose of this Agreement is to establish the term0 and cons for SANDAG to provide Grantee with funding to implement the Pry.` K. Although SANDAG will be providing financial,tance to Grantee to start the Project, SANDAG will not take an active role or retaintantial cool of the Pr;•Therefore, this Agreement is characterized as a funding agrenf,rrer than a cooperave agreement. _ Grantee understands that Trans•�'j.��/�'' 1sderive from reviliransactions and use tax revenues which fluctuate. SANDAG's fundininfilirentto ATGPCts, including this Project, is subject to these fluctuations, which 4iidy impact krhiling avallaWiIfy for this Project. NOW, THEREFORE, it is agreed as follows: I. DEFINITIONS f A. Application. 114# Wined anpl>dated grant Application, including any amendment thereto, with ail explanatol .0 Ie to documents filed with SANDAG byor on . , _ ,� pP r7+ behalf of the Granted accepted 4r-roved by SANDAG. All of Grantee's application matatalrotiin confJicfi this Agreelrnit, are hereby incorporated into this Agreement aE##�vt+gh fuJ forth es. rarval, AuthorNeilion, Cor rence,. Waiver. A written statement (transmitted iri tyritten hard ccpy:..eiectronicaliy) of a SANDAG official authorized to permit the Graitvetio take or one an action required by this Agreement, which action may not be taken or omit -without siiM..written permission. Except to the extent that SANDAG determines otherwise' . -itiri4; ch approval, authorization, concurrence, or waiver permitting the performance' Pion of a specific action does not constitute permission to perform or omit other simifractions. An oral permission or interpretation has no iegai 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 SGJP.] OR [ATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Artide 3 funds.] E. Grantee. The local jurisdiction that is the recipient of ESGIP or ATOP] funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work described -an the Scope of Work. Grantee shall not proceed with the work and shaii not be eli g 't27 receive payment for work performed prior to SANDAG's issuance of a Notice to mod. Subgrantee. Any contractor or consultant, at any tiers =din r..or indirectly with funds flowing from this Agreement for the Project. = ti� II. PROJECT IMPLEMENTATION A. General. The Grantee agrees to carry out the'Repact as fou: 1. Project Description. Grantee agrees to pert work as described in the Scope of Work included as chment A. 2. Effective Date. The effective:4ate-aft ,Agreemen't q nny amendment hereto is the date on which this Agreemen an a-n is fullyVtecuted. The Grantee agrees to undertake Project work pror,y after lalotice to Proceed from SANDAG. 3. Grantee's ;The Grantee. 4 to maintain or acquire sufficient legal, financialAitogical, arid 1anageria acity to: (a) plan, manage, and complete the Project a. brovide foi tie use of any'Pr ject property; (b) carry out the safety and security asp ctf tl ot and (c)'t ,ply with the terms of the Agreement and all applicable laws,44,uVtibr*vpIltraliciel pertaining to the Project and the Grantee, t lout notiotited to the 7144sNet Extension Ordinance and Board Policy too. O3 5--. , Project Sche4tie. The tiliwtpee agrees to complete the Project acc9rding to the Project Schedultlecluded in Attachment A and in compliance with Board Policy '.iito. 035, as ameiwisacf, and included as Attachment B. 5. ProliattimpLintantation and Oversight. Grantee agrees to comply with the ProjectImpOsetitation and Oversight Requirement, Inch dcd as Attachment C, and Board Paiivilo. 035, as amended. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grant;,, based on the application submitted by Grantee, which contained representations by Grantee regarding project par arrieters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG [SLIP or ATGP1 scoring criteria, Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [SGIP or ATGPI and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have ISGIP or ATGP1 Funding withheld from Grantee, or refunded to SANDAL, 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. T4'5rantee agrees to assist SANDAG with media or community events related to tbd:PtOlect, such as ground breaking and ribbon cutting. Press materials shall be4ir sided to SANDAG staff before they are distributed. SANDAG logo(s) should be it tided*press materials and other project collateral, but may never be included iq sit docunI without advance approval from SANDAG. As part of the quarterly reports submit1.1io SANDAG„.the Grante4es to provide project milestone information to suppodia ancjetiar*munications' s_ SANDAG reserves the right to use' the information pro.Ql't#ie Grantee for any combination of the following, including but not limited to: media posts, online photo albums, videos, press releases, Powresentations, ^+.+plates, newsletters, and testimonials. in submitting pltititos.to Utt-NDAG, the e agrees to release the rights of the photos to SANDAL for'jse. 8. Project Signage and Designathen of T wed Facilities. Each capital project in exce0 qf$25.9,000 fund ir41e or in Raft by revenues from the TransNet Extension ianct f*11 be clearl -, gnated during its construction or implemhon as beoprovided bj avenues from the TransNet Extension Ordinance. Grantee agrevto fall) t oz ect Si e Specifications. SANDAG will provide sign g �0+ 9 p .specifications. � a reo ign specifications and submit proof files to +r.appro tl'b,efore prinftrtg. Baseline D .,Coliectii ,!~or capital projects, Grantee is required to coordinate with SANDAG staff:the devilment of a baseline data collection pian in accordance with the Project. Aiplementation and Oversight Requirements. B. Applitation of Lawi Should a federal or state Jaw pre-empt a local law, regulation, or the TransNet>siorrnance, the Grantee must comply with the federal or state law and implementingIons. No provision of this Agreement requires the Grantee to observe or enforce complidwe 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 Partic!pation by a Subgearretee.. Although thefilhatitee may delegate any or almost all Project responsibilities to one or more subarantakthe Grantee agrees that it, rather than any subgrantee, is ultimately responsible fnrrpin with all applicable laws, regulations, and this Agreement. • Eo Third Party Contracting. Grantee shall not a' 'contracts over thr thousand dollars {$3,000) on the basis of a noncompetitive prqpniarnent for work to be per red under this Agreement without the prior written approval C4NDAGr-' tracts awar y Grantee, if intended as local match credit, must meet the reef set forth in this Agreement regarding local match funds, 1. if Grantee hires a consul Garry out profess services funded under this Agreement, Grantee shah )dependent Estimate (ICE ) ) prior to soliciting proposals; publiclyu lvertise ftw c i eting pretposals for the work; use cost as an evaluation factor i ,ofectiri. nt, document a Record of Negotiatibit,.**-establishing.ifiatiDe amount paid by Grantee for the consultant service54fOir an sonable; 614 pats through the relevant obligations in this Agretlrait to the c'1sultant. 2. if Grantejs a'Ao carry wit construction services funded under this _, reement, ee shalt: fiViate,ah ICE (e.g., a construction cost estimate) prior to wilittino,bids;YaNtblicly advertir competing bids for the work; award the work to the loot t-espons-end responsible bidder; document a RON establishing that the amount ptSii by Grarl for the construction services is fair and reasonable; and pass through die releva` obligations in this Agreement to the contractor. E. Grates Respnnsito Extend Agreement Requirements to Other Entities 1 • Enes.Aff. Grantee agrees to take appropriate measures necessary to ensure that al,;4- . rpp :.rdr iicipants compiy w:tn all applicable federal laws, regulations, and policies aftroctina 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. Inc 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 (subaareement, 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 suograntees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. No SANDAG Obligations to Third -Parties. In connection with4ie. Project, the Grantee agrees that SANDAG shall not be subject to any obligations oa.Wilties to any subgrantee, lessee, third -party contractor, or other person or entity thatiisfftit a party to the Agreement for the Project. Notwithstanding that SANDAG may have4doetritad in or approved any solicitation, subagreement, lease, or third -party contra* at any tfir, SANDAG has no obligations or liabilities to any entity other than thiobantee, incluil _:;any subgrantee, lessee, or third -party contractor at any tier. `` tt. Changes in Project Performance. The Gran'loe agrees to.fy SANDAG7ediately, in writing, of any change in local law, conditions (in' in -iegal, financial, or'echnical capacity), or any other event that may adversely aff t Grantee's ability to perform the Project in accordance with the ter.the Agreemerrit_as required by Board Policy No. 035. The Grantee also agrees t ; NDAG immeately, in writing, of any current or prospective major dispute, breach, i' ult, 1 ,ation that adversely affect 5ANDAG's interests in the Project; and agrees tainform SA1skokorso in vviting, before naming SANDAG as a party to litigation for an reason,. '' At a minimum, the Grantee agrees to send eacFp-ioo SANDAG Wy'o;this subsection to SANDAG's Office of General Counsel. Standard of Ct'The Gra:►`e expressly vonts that the work to be performed pursuant to this Agreement ;,be D to din accdfifince with the applicable standard of care. Where approval by 5)141.0.014, , its EX :rector, or other representative of SANDAG is IndirrieScppe of O k it is understood to be conceptual approval only and does not **ye the Grat.WW respojlity for complying with all laws, codes, industry standards, 1c'i liability for dares c.:::.;, negligent acts, errors, omissions, noncompliance with tPd 5try standards, on willful rnisconduct of the Grantee or its subgrantees. Ili. ETHICS A. Grantee . of OrnauctiStanderds of Conduct. The Grantee agrees to maintain a written codesrct or standards of conduct that shall govern the actions of its officers, employees, court or board members, or agents engaged in the award or administration of suuagreements, leases, or third -party contracts supported with (SGIP or ATGP] Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective 18 positions in a manner that presents a real or apparent personal or organizational conflict of interest or 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, b J"' � board I1f �111 AiCl i. 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 subaureerrient support_ec! by [S Iq Tf_P] Funding ' . - *,.I� Ifa real Of apparent conflict of interest would be involved. Such a nffit pp- ��a�ljct would arise when an employee, officer, board member, or agent, includip4.4itIrriember of his or her immediate family, partner, or organization that e4.rs;,oti Itends to employ, any of the parties listed herein has a financial interest iri.rm cdritesting for award. 2. Organizational Conflicts of Interest. Tantee agrees thafi..ode of conduct or standards of conduct shall include proves for identifying and prgoirating real and apparent organizational conflicts of inter:An orgaliiitional conffi.t,;r# interest exists when the nature of the work to be pertimmiti4 Mier a proposed third -party contract or subagreement may, without somections on future activities, result in an unfair competitive advakikckto.the third -party tractor or subgrantee or impair its objectivity in performing*ireizoilittwork. .. SANDAG Code of Conduct. SAPID� has este +�liciesbicerning potential conflicts of interest. These policies apply to G-ra e. For 1'-SANDAG, any practices which might result in unia ,. ,ivity are pr• . it 1 dluding, but not limited to, rebates, kickbacks, or other -bait& a.nsiderati • ,I_ "fJDAG staff members are specifically prohibited fro4 pai-ticipatinti n the selectrp process when those staff have a close personal relationship, fa latioror,past (wii .the last 12 months), present, or potential business or empoyr ,r�� =toith a p+ son or business entity seeking a contract with SANDAL::- 1t:is:_uniawfu . any contramade by SANDAG if any individual Bid gaff hate'iarohibited financial interest in the contract. Staff are also ,., bited from stp Ling or. pting gratuities from any organization seeking funding from AkNDAG. SANDAG' $ icers, a ees, agents, and Board members shall not solicit or a -t gifts, gratuitie' tivors, or anything of monetary value from consultants, potential cons rots, or partiesrb subagreements. By signing this Agreement, Grantee affirms that it has noowledge of,o€thical violation by SANDAG staff or Grantee. If Grantee has any reason to* lave a otitoffict of interest exists with regard to the Agreement or the Project, it should notif4AG Office of General Counsel immediately. C. Bonus or Commission. The Grantee affirms that it has net paid, and agrees not to pay, any bonus or commission to obtain approval of its I:SGIP or ATGP] Funding application for the Project. 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 rnade, 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 [SGIP or ATGP] Funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $6,ry or (b) the amount caicuiated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is 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 forthe Project is the amount that forms the basis upon which SANDAL determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SAANDAG Participation. V. MATCHING FUNDS Grantee has proposed to provide matching funds for the Pr and ore agrees as follows: #, off. A. Duty to Obtain Matching Funds. The Grantee Ames to provide sutfrident funds or approved in -kind resources, together with the-10GP or ATGP] Funding-aWraled, that will assure payment of the actual cost of each Pre activity covered by this Aveoment. The amount of matching funds and percentage(s) of tchin r is Grantee shaieovide are set forth in the Approved Project Budget. The Grantee to complete all proceedings necessary to provide its share of th,e Project costs at ors. re the time the !Hatching funds are needed for Project costs. B. Prompt Payment of Matching Funs. Th agrees �... g t4 littovide the proportionate amount of the matching funds prom as it incu'1,ipaGt.costs or Project costs become due. Each of Grantee's invoi.must includi3._pro.titi mat.fund contribution as reflected in the Approved Prot along wit erting, descriptive and/or explanatory documentatior). ttiee maa�'t g funds prratOed. C. Reduction of Musing Fes. The Grantagrees that no refund or reduction of the amount of matchin May-e_unl;"at the same time, a reduction of the proportOmsfomount o e [SLIP or"A :fkinding provided is made to SANDAG in order to roarinyfin" + um Pe .entage(s) of SANDAG Participation. APPROVED PROJE '' BUDGET Except to.extent that SATaG determines otherwise in writing, the Grantee agrees as follows: The Grantee 0 1:SANDAG h 'agreed to a Project budget that is designated the "Approved Project Budget.. Gran will incur obligations and make disbursements of Project funds only as authorized by d Project Budget. An amendment to the Approved Project Budget requires the issuance.# a....formal amendment to the Agreement, unless the re -allocation of funds among budget items or fiscal years that not increase the total amount of the (SLIT or ATCP] 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 VI!. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required, The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amount notified by the matching share previously provided, or Ce 2. Take any action that would cause the proportion of'tsflf _ATGP] Funding made available to the Project at any time to exceed th cent,thorized by the Agreement for the Project. Payment by SANDAG. Upon receiving a regt:#or payment and ade ate su � pporting information, SANDAG will make payment, [oilerprojects mitt TDA fundirlyr.aithorize the County of San Diego to make payment] for eligil rnou too Grantee with hirty (30) days if Grantee has complied with the requiremen re �+g ement, including submission of a Quarterly Report which is includeclas Attachmen t tlas satisfied SANDAG that the [5GiP or ATGP] Funding requester $ vaited for Project *Oases in that requisition period, and is making adequate progress 'arAiard-Rtiatett-corripletionomitsistent with Board Policy No. 035. After the Grantee has dernitiptistrated'Sati&Oary comptgisce with the preceding requirements, SANDAG may reimburstitilie Gran s t allowable costs incurred consistent with the 4ved Project B etAAN'DAG shaft retain ten percent (10%) from the amounts invoitool.bri‘sisttisfactory etrittietion of work. SANDAG shall promptly release retention amooftes to Grant•1=.o1lowing tee's satisfactory completion of work and receipt of Gran 'S final inu%ce and all reed documentation. Eligible Costs. The titer agree" Project costs eligible for [SLIP or ATGP] F d' Fun mu it toMpty With the foltomng requiremts, unless SANDAG determines otherwise in To fie-014te for r"bursement, Project costs must be: Consistent wItt. Proje&'ope of Work, the Approved Project Budget, and other provisions of thra reement. 2. Niaier,,sary in orcliaito accomplish the Project. 3. ReasoirOte ser sloe goods or services purchased. 4. Actual net•cbsts to the Grantee (Le., 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 TDA] Funding as part of the [SGIP or A T GIB]. 9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the foiiowing documentation as part of the grant app;icatio2 N rials: (I) an indireci cost allocation audit approved by a qualified independent-Atittai#br or (2) the applicant's proposed method for allocating indirect costs in acatortipapee.with OMB guidelines. Indirect cost allocation plans must be reviewed a4-t nev annually. 10. Project generated revenue realized by the tee shall be utithiper4in support of the Project. Project generated revenue and lefiranditures, if any, shalIV reported at the end of the Agreement period. D. Excluded Costs 7. In determining the ti4IP orATGP] Fu..SANDAG will provide for the Project, SANDAG will exdud gt a. Any Project cost incurred zy. the Gr a pre eitft& the date SANDAG issues a Notice to Proceed to Grariliae or th c of the Agreement or any Amendarert hereto; b. Atiost that is* included iv )#'ie latest Approved Project Budget; c. Any air fir Pritivaifploperty or rpces received in connection with a subagre ,+ease;rt ::,rty'diantract, or other arrangement that is required s 1 but has [lot been, ccirettered in or approved in writing by SANDAG; and d. Any ineligi r SANDAG participation as provided by applicable laws, regulates or polite .itertain costs at dies associated with bicycle and pedestrian projects are not eligible the benefik provided is not the exclusive use of bicyclists or pedestrians. These instamies,.area below. a. C-and gutter are part of the roadway drainage system. As such, newly instafiled curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewE.,Jk 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. Linder so -r e 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 Graniee for any Project cost does not constitute SAr!DA G's final decision about whether that -ost is allowable and eligible for payment under the Project and does not constitute a wi ierof any violation by the Grantee of the terms of the Agreement for the Project or Board:policy N'eies.035. The Grantee acknowledges that SANDAG will not make a final d' terrriination abrut the allowability and eligibility of any cost until the final payment has`been made on the Project or the results of an audit of the Project requested by SANDAG/Or :tts independent Taxpayer' Oversight Committee (ITDC) has been completed, which'ew occurs !a#est. if SANDAG determines that the Grantee is not entitled to receive any portionthel ,ip or ATGP] Funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the;rantee's responsibility to -return any funds due to SANDAG as a result of later refunds, correct ;hs; erforniance deflcfencies, or other similar actions; nor will Project closeout alter SANDAG' right to-dii allow costs it'll recover funds provided for the Project on the basis of a later audit oteether review. Upon notikation to the Grantee that specific amounts are owed to SANDAG;;wheth -.for excesspayments of fSGiP or ATGP] Funding, disallowed costs, or funds recover from third parties or elsewhere, the Grantee agrees to promptly remit teSANDAG the amounts owed, including applicable interest, b penalties and miinistrativelcf-iarges. VIiI. ACCOUNTING RE Raps•.; .- In compliance with aplicableelaws,,regulations;-and policies, the Grantee agrees as follows: '-- ti A. / P, ae.ri: Arcnienif The Grar e: agrees toestablish c and maintain for the Project either a r ctarate Set cf 3C�.^,; a,ts a e rate s1:s or ac},aiAi te' accounts within the framework of an established acejunting system th ' can be identified with the Project. The Grantee also agrees to maintain docurnentat n of all checks, payrolls, invoices, contracts, vouchers, orders, or other accoun`tigg documensrelated in whole or in part to the Project so that they may be clearly identified;`radijy,cessible, and available to SANDAG upon request and, to the extent feasible, keptss,rrte from documents not related to the Project. 6'. Documentation of Project Costs and Program kaconiie. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, indludii- j any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records. invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by ldl.v and regulation, policy, this Agreement, and any other reports SANDAG may specify. B. Report Forrr.ats. 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 SANDAL must be prepared and submitted in electronic and/or typewritten hard copy formats, as SANDAL 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 formhree years thereafter from the date of transmission of the final expenditure report, the Gran ee agrees to maintain, intact and readily accessible, all data, documents, reports, reekrds, con acts, and supporting materials relating to the Project, as SANDAG may ruire. i.. Access to Records of Grantees and Subgrafitees. The Grantee agreek to permit, and require its subgrantees to permit, SANDAG err is aauthorizeckepresentatives, upon request, to inspect all Project work, materials, payrolls, andhrrther dam{ and to audit thebooks, records, and accounts of the Grantee and its subgrantees per aliMng to the Project. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record retention requirements of t ais'Agr. mr r t. , Quarterly Reports. Grantee shall submit writterjuarterly reports to SANDAG detailing the ti progress of its work, expenditures incu .red, anal nformtittpn regarding whether the Project is projected to be com feted within the J rrits4the Approved Project Budget, Project Schedule;and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall docut+ent the progress and results of work performed under this Agreement to th`e,katisfactjon.of.SANDAG. T1tis includes progress and final reports, plans, specifications, estimates, nd.other eviidence of attainment of the Agreement objectives, which-aie requested 0-$ANDAG or It0C, Grantee may be required to attend meetings of SANDAG staff_knd commites, including but not limited to ITOC, the Regional Planning Committee, the 'frqrtsportatiec Committee, and the SANDAG Board of Directors, to report on its progress and respond to quesjans_ Coesnitles Served data and Report. If requested, Grantee shall provide SANDAG with data regarding how the Projects benefits and burdens were equitably distributed among socio anc onomic.populations in the area affected by the Project, and associated smart growth data,.„, compmkinn, A?= i : Settlement a W Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or term ination 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 he included. Note to SANDAG Contracts Staff: Please choose the appropriate: For TransNet-funded projects: The Grantee agrees to have financial and compliance audits oerfrrmed as SANDAG may require consistent with the TransNet Extension Ordinance. The r.:intee agrees that Project closeout will not alter the Grantee's audit responsibilities. i - osts are allowable Project costs. For TDA-funded projects: The Grantee agrees to have financial and colpidiartte audits performed ak5ANDAG may require consistent with Public Utilities Code 5 9924544r .DA funds; ado nonsistent with the TransNet Extension Ordinance for TransNet f , TIA4riarntee agrees that.Project closeout will not alter the Grantee's audit responsibl,,Audit costs are allowable Project costs. r ... C. Performance Audit. The Grantee* ees - operate with:tA'Ia1DAG or ITOC with regard to any performance audit that is perforfked on tbiii,triplect pursu[it.fo the TransNet Ordinance. D. Project Closeout. Pro ct,closeout oc irs_whari, IDA ?l;i ifies the Grantee that SANDAG has closed the Pro , grad. if applicable forwards the final [SG!P or ATGP] Funding payment and of owled s:.that the Grantee has remitted the proper refund. The Grantee agrees that PriOct..closeout SANDAG d soot invalidate any continuing requirements imposed by the AV-e* - unmet re Ikements set forth in a written notification from SANDAG. E. Pr4a-Bse4rantee wasrded this Agreement based on representations in its grant iikation regailit ,the Pi't, is intended use. !f the Project is a capital project, Grantee teby commits to binued Listibt the Project for the purposes stated in its application for a lAtitiAd.of at least fivdOars after`ompletian of construction. SANDAG may require Grantee to i.40.0td SGIP fundinf Isrovided for the Project in the event Grantee fails to utilize the Project its intende={aurposes as stated in the grant application or for any disallowed costs. XI. TIMELY Piti*EilliAND RIGHT OF SAMAG TO TERMINATE A. Grantee shall male diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement andlor 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 8. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAL may suspeA;or terminate all or any part of the [SGIP or A T GP] Funding to be provided for the Proikaifthe Grantee has violated the terrns of the Agreement, or Board Policy No. 035, or if, i► AG determines that the purpose of the laws or policies authorizing the Project wii41 r gf be adequately served by the continuation of (SGIP or ATGP] Funding for the Proj?cL ti In general, termination of [SGIP or ATGP] Fundit'I or -the Project will rt`invalidate obligations properly incurred by the Grantee to the termination date 0 the extent those obligations cannot be canceled. If, however, S ,G deterldOes that the dtentiee has willfully misused [SGIP or ATGP] Funding by failingti .olJequate progress, -or failing to comply with the terms of the Agreement, SANDAG res the right to require the Grantee to refund to SANDAG the entire ilotatAittof [SGIP or ATIMPfPunding provided for the Project or any lesser amount as SANDAG rune. E. Expiration of any Project time periociostablishecqftitttProjectScheduie will not, by itself, automatically constitute an expirationottermi t*re4greernent for the Project, however, Grantee n request and SAI .A *ay agree to amend the Agreement in writing if the Project Sclukute'w-i1, t be met. A'ii. endment to the Project Schedule may be made at SAIVDAG's d .etion if Gr tee's requeiN a,consistent with the provisions of Board Policy No. 035. XI!. CIVIL RIGHTS_ The Gae a reel g tatRly I. applicable civil rights laws, regulations and policies and shall incle Ictie provisions o' ice- Sectidti:._ in each subagreement, !easc, third party contract or other legally, cling document's 6'-erform',,rk funded by this Agreement. Applicable civil rights laws, regulatib said policies inert but are not limited to, the following: A. Nonellearilnination, iANDAG implements its programs without regard to income level, disability,•wee,colat, and national origin in compliance with the Americans with Disabilities Act and Title- Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the pub1. •ef their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a compiaint 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. 8. Equal Employment Opportunilty. During the performance of this Agreement, Grantee and all of its subcontractors, if any, shall not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, 26 religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family and medical care leave, denial of pregnancy disability leave, veteran status, or sexual orientation. Grantee and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, et seq.). The applicable regulations of the Fair Employment and Housinq,Commission implementing California Government Code Section 12.990 (a-f), set forth in C b t r 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into.s.Agreement by this reference and are made a part hereof as if set forth in full. Grark4..anictits subcontractors shall give written notice of their obligations under this clause orizations with which they have a collective bargaiining or other agreement. XIIi. OWNERSHIP OF WORK PRODUCT SANDAL shall own any deliverables created in whOlis part. SANDAG's bt pursuant to the Scope of Work for the Project. The term "deliver" glades, but is not -limited to, all original drawings, reports, photos, and other documentsNottWing detailed calculations and other work product developed for the Projectr4i4mices performed - a Project. XIV. DISPUTES AND VENUE ti A. Choice of Law. This Agreement sh li be State of California. _ B. Dispute Resol p Aan Proleps. In the eveeal: performance of thas,Agreerr,{it, Grantee Grantee in writiri§ Of -cease p4W nance. under this Agreement be a intempopitiO accordance with the laws of the Grantee has a dispute with SANDAG during the continue to perform unless SANDAG informs dispute resolution process for disputes arising tettet l sub'eait: a statement of the grounds for the dispute, including all pertineni'4.10t4s, naNas i.of persons involved, and supporting documentation, to SANDAG's Pre; Manage The Project Manager and other appropriate SANDAG staff will review the &umentation in a timely manner and reply to Grantee within twenty f) calendar s. Upon receipt of an adverse decision by SANDAG, Grantee may bit a requtfor reconsideration to SANDAG's Executive Director. The request for re eratio must be received within ten (10) calendar days from the postmark date of reply. The Executive Director wilt respond to the request for =� p y. p 4 reconsidoptiOn within ten (10) working days. The decision of the Executive Director will be in writing. 2. if Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGiP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAL shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. 27 C. Venue. if any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorneys fees, litigation and collection expenses, witness fees, and court costs as determined by the court. XV. ASSIGNMENT Grantee tiilaii not assign, sublet, or transfer (whether tu��,r�� per by assignment or.4igivation) this Agreement or any rights under or interest in this Agreement. XVi. INSURANCE Grantee shall procure and maintain during the period of -performance -III -ibis Agreement, and for twelve (12) months following comipletion, policies/AO insurance from insurance companies authorized to do business in the State of California' ,,�ct the equivalent typegl amounts of self- insurance, as follows: + A. General Liability. Combined single Jimit of 9 per occurrence and $2,000,000 general aggregate for personal and bodily injury, irig death, and broad form property damage. The policy must inclu4 ar acceptable "Wavefel,pf Transfer Rights of Recovery Against Others Endorsement." Th.. ialitytingit name SAN. ,as an additional insured in the endorsement. A deductible or reten may " Olised, sub " +a approval J� pp val by SANDAG. Automobile Liability,,For personal awl bodi ni,'InolgOing death, and property damage in an amount not afl`.$L{000,000,• .� C. .. Workers' Corriensation aid Employers -Liability. Policy must comply with the Jaws of the State of Ca a. The 44114 must ine an acceptable "Waiver of Right to Recover From Others Endorsee nproWANDAGvs an additional insured. D. Other Ikaafiehlents.'lrantee shall fut fish satisfactory proof by one or more certificates Itrogitrial copies# t, it has 4.06 foregoing insurance. The insurance shall be provided by an < atgeptable insura ;.provider o$ determined by SANDAG, which satisfies the following ,mum requiremelt 1. ' -Insurance care** qualified to do business in California and maintaining an agent for &tome of pros- within the state. Such insurance carrier shall maintain a current A.M':. .ra ,tlassification of "A-" or better. and a financial size of "$10 million to $24 mi}9 glass V) or better," or 2. , Lioyds 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 tor 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 SANDAL 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 Pioieel., asserted or established liability for damages or injuries to any person or property, including/injury to the Grantee's or its subgrantees' employees, agents, or officers, which arise frt..r or are connected with or are caused or claimed to be caused by the negligent, reckJ.ess, oriilful acts or omissions of the Grantee and its subgrantees and their agents, offic7sNzr employ in performing the work or services herein, and all expenses of investigatng and defendirig, against same, including attorney fees and costs; provided, however, that the Grantee's duty •to indemnify and hold harmless shall not include any claims or riabilfty arising frorg the establjsfged sole negligence or willful misconduct of SANDAG, its Board ofrectors, "lilts, officers, or employees. B. Intellectual Property.� Upon request by SANDAG4Ci�e=Grantee agrees to indemnify, save, and hold harmless SANDAG and 444oard of Directors; rifcers, agents, and employees acting within the scope of their olicial dutig3 against any liabilitye including costs and expenses, resulting from any willful or inteptjonal lolation by the- Grantee of proprietary rights, copyrights, or right of privacy, arising out ofhe publication, translation, reproduction, delivery, use, or disposition of any data furnish$. underet#he Project. The Grantee shall not be required to indemnify SANDAG for any suc !'lability caused solely by the wrongful acts of SANDAG employees or agents. XVIII. INDEPENDENT° NTRACT1 R_. A. Status of Grantee;` rantee'shalf . . oars thb'senrices provided for within this Agreement as an/indeperndefet contralvt. and not as ark employee of SANDAG. Grantee shall be under the antral oaf SANDAG as to 'ft. result to be accomplished and not the means, and shall consult <'••with SANDAG as Peovded fo'.,inthe Scope of Work. The payments made to Grantee pursuant \to this Agreement shF,Il, be the N Y and con;r.,;e a compensation to which Grantee is entitled. SAI1AG shall not mace any federal or state tax withholdings on behalf of Grantee. SANDAG shalr'ilbtbe required; to pay any workers' compensation insurance on behalf of Grantee. Grantee•agrees to indemnify SANDAG for any tax, retirement contribution, social security, overtime 'Orient' of workers' compensation payment which SANDAG may be required to make on behalf -of Grantee or any employee of Grantee for work done under this Agreement. 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. SEVERABILirf AND INTEGRATION It 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 shah be of any force or effect with respect to those matters covered hereunder. This Agreement may not bemodified or altered except in writing, signed by SANDAL and the Grantee. XX. PROJECT MANAGER The Grantee has assigned [INSERT PROJECT MANAGER NAME] -is tfie Project Manager for the Project. Project Manager continuity and experience is deemed . e#a1..in Grantee's ability to carry out the Project in accordance with the terms of this Agrt. eikalttee shall not change the Project Manager without first providing written notice to1iDAG. XXI. NOTICE Any notice or instrument required to be given or 'deliverer! b .is Agreemeneloty be given or delivered by depositing the same in any United States'I +ike, registered or certified, postage prepaid, addressed to: San Diego Association of Governments 401 B Street, Suite $00 San Diego, CA 92101 Attn: Susan Baldwin of Suchi Mukherjee Grantee: [LOCAL AGENCY NA , • [LOCAL AGENCY ADS] 1 Attn: [LOCAL AGENCY`i .. cT �R] Notice shall beeffective u l�� ipt them*: tNDAG cts. After receiving this original agreement back from the Grazand before reptirig the :Pginal agreement for final SANDAG 'wet" signatures, confinge •. . with SANDAG 'fiance a Planning staff that the applicable RT1P has been approve 30 XXII. SIGNATURES The individuals executing this Agreement represent and 1.varrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. !N WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS [INSERT JURIS` jiONJ GARY L. GALLEGOS OR DESIGNEE Executive Director "WI Name] 'tied APPROVED AS TO FORM: A‘P46:40k13 AS TO FORM: Office of General Counsel i 31 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project De script on [PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, tT4),. TYPES OF IMPROVEMUIENTSIRECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE. SCHEDULE AND APPROVED PROJECT BU 'Ili') Ta 32 ATTACHMENT B set BOARD POLICY NO. 035 COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and P +prow tfi Polity This Policy applies to all grant programs administered through SADAG, whether from TransNet or another source, including but not limited to the Smart Growtii Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior ;Mini Grarit Program, Federal Transit Administration grant programs, and Active Transportatiorl'Gtant Programs, . Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requir`efents in this/Policy. Theregr.e never enough government grant funds to pay for all of the projec[s.worthy.ffunding in the Sari Diego region. For this reason, SANDAG awards grant funds on a compe ftibasis that takes the grantees' ability to perform their proposed project on a timely basis into arci t- SANDAG intends to hold grantees accountable to the project schedules. they have proposed 4i order to ensure fairness in the competitive process and encourage grantees tb get their projectts,impremented quickly so that the public can benefit from the project deliveriles as soon as possible. Procedures 1. Project Milestone and Co`mpietion Deaiines 1.1. When ` Wing a; grant agreement for a competitive program funded and/or administered by bAA, grant recipientsiust agree to the project delivery objectives and schedulesin..the agr ment. In addition, a grantee's proposal must contain a schedule that ,ff11s within. the. following deadlines. Failure to meet the deadlines below may result in ' revocation of'aitgrant fuiws not already expended. The final invoice for capital, planning, • or operations grai't's must ibe thmitted prior to the applicable deadline. 1.1.1. Fundr:g for Capital Projects. If the grant will fund a capital project, the project mustbe completed according to the schedule provided in the grant \' a,reementf`but at the latest, any necessary construction contract must be awarded within tWo years following execution of the grant agreement, and construction must•be`compieted within eighteen months following award of the construction contract. Completion of construction for pur,oses of thi; policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary. the construction project must be complete within eighteen months following execution of the grant agreement. 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. !f 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 a ree„ne,- . and theoperations � op rations must commence within six months following award of operations contract. If no services contract for operations is necessary, thethe,..cfp-egrations project must commence within one year of execution of the grant agre nt .. 1.1.4 Funding for Equipment or Vehiclat rants. if the (..will fund equipment or vehicles, the project must be comp according to theule provided in the grant agreement, but at the iatest,'iyi ecessary purchase cons. for equipment or vehicles must be awarded within iae year mowing execu. pf the grant agreement, and use of the equipment oir.. r the benefit of the public must commence within six months following awaW the purchase contract. 2. Project Milestone and Completioifr Extensions` • 2.1. Schedules within grant agl ements m nrb.rde prb*ct scopes and schedules that will identify interim milestones in dlition tptfrisq.iiscribed in Section 1 of this Policy. Grant recipients marl ive extension o . gr-projet schedules of up to six months for good cause. Ext+ .kf p to six m $ aggregate that would not cause the project to miss a comOilkin deadl%,in Sectiorr f_may be approved by the SANDAG Executive Director. ExtersOwbeyoniiil six months agate or that would cause the project to miss a completion dea tri t * .st be' 'roved by the Policy AdvisoryCommittee has btie[l.clele ated that g + cessa y qity by the Board. For an extension to be granted !ingot on 2, thy itiRowing conetions must be met: 2.1.1. Ft etensio'n uests of up to six months, the grantee must request the extension it-iting toe SANDAG Program Manager at least two weeks prior to the earliest'ect schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension • Id be geed. The Executive Director's action will be reported out to the Board it e4 p onth's report of delegated actions. 2.1.2. - grantee seeking an extension must document previous efforts under-teken to maintain the project scheduie, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager, 34 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion riPariiina in Section 1 (including those s ,�i,i,�u.,ir[y UrUiE'CTs_/t{�? were already granted extensions by the Executive Director and are again falliM :behind schedule), will be considered by the Policy Advisory Committee upon r O t to the SANDAG Program Manager. _ 3.2 A grantee seeking an extension must cioStrignent previ efforts undertaken to maintain the project expJainthe re ro ect schedule, pfor the delay, rain why the delay is unavoidable, and demonstrate an ability toed in the extended tinvekarne the grantee proposes. The grantee must provide the necry infornatkion to SANDAq gaff to place in a report to the Policy Advisory Committee. satric_ time is available, -and the grant utilized TransNet funds, the request will first ` n to the Independent Taxpayer Advisory Committee (ITOC) -:a. recomrr-�enda'il The grantee should make a representative available at the rii ;etp present formation to, and/or answer questions from, the iTOC and Poll =. dvi atimmittee. • 3.3 The Policy Advisory Commit*: will ordij r extension under this Section 3 for extenuatingcirca rpalnes.that the gCkinitee.da�d not hie reasonably foreseen. 4. Resolution aniE cution #ie Grant Ament 4.1 Two wetlic:prior..iiijtheereview by itie Policy Advisory Committee of the proposed grants, prospectiver•i tr -itt a tvfioiution from their authorized governing body that' the provigoris in this Simon 4.11. Failure to provide a resolution that meets 1.44 i gtii in this section 4.1 will result in rejection of the application and the application wilt e ilroppeli fitrn consideration with funding going to the next project as tired by the eva" on ..oCIAllittee. in order to assist grantees in meeting this resolution ite4dline, when SAROAG issues -the call for projects it will allow at least 90 days for grant apion submission 41..1:. Grime governing body commits to providing the amount of matching fur4 i0101h in the grant application. 4.1.2 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAL. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the 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 in this Policy may be resubmitted to compete for funding in a future cali for grant applications. Adopted: . anuary 2010 Amended: November 2014 35 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Sa'iseine Data Collection: Prior to the construction of graritended improvements, the Grantee is responsible for developing a baseline data collectiQ6 Olen with SANDAG to gather information on pedestrian and bicyclist activity. At a minim data should be collected for observed bicycle and pedestrian volumes, behavior, and attit'in tJ'iik.ject area. Once the data collection plan is approved by SANDAG staff, the Granter is i`esponsicarrying out the plan and returning collected data to SANDAG as a deliver b . Standardized collection will be provided by SANDAG. fii<irs required for data Grantees are encouraged to use the National Bic } : ��nd. `�strian Docurnetion Project methodology and plan for the following: • Conduct counts prior to project. aatruction, during' onal Documentation Days in the second week of September. Sup m i -counts and4pilreys can be conducted during January, May, and July to provide Spiasonaltfatokit-desired. Conduct counts for hours, �' q at P tim dative40.(?Jae facility. For example, facilities attracting utility n:_trips. mould be ,on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., ws faZitcfiggt.. attracting.,rreationaJ trips should be counted on a Saturday, from 9 to 74; In the case that the ab . deerrhrr infeasible due to the project schedule, the Grantee ar i-SANDAG wigtoffaborate viz aicalternative data collection methodology and procedi ti A s r of Grantees may-selectt4 ftr in-depth evaluation by .JIN cv', the data colieV%j effort With required participation evaluatiey ducted by` JDAG will take place solely Active Transtion data,'ev_giiection and monitoring efforts, budgets. SANDAG, in which case, SANDAG from Grantee staff. Such in-depth for the purpose of SANDAG and will not impact Grantees' - h Grantees should plalOgyptidget five thousand dollars ($5,000) for data collection. For questions or assistance with date'/ collection, contact Christine Eary at i'hristine• �s ,Earyt (619) 699-6928. a.+.iug,org, or . 3. Design Development and Community meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design dP1:elopment 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 Cubstantial 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 pedestrianlbicycie facility and smart growth design standards. 5. Quarterly Reports and Invoices: Grantee must submit quarterly. reports and invokes to SANDAG, detailing accompiishments in the quarter, anticipated poilmss next quarter, pending issues and actions toward resolution, and status of budget and sct d ii-e. Furthermore, the Grantee agrees to provide project milestone information (such as pres sto community groups, other agencies, and elected officials, ground-breakings, and ricuttliilj to support media and communications efforts. 6. Media and Community Outreach Coordinati ess materials shall beigovided to SANDAG staff before they are distributed. SANDAG logo(s) ad be ind} ed in press . ials and other project collateral. Furthermore, the grantee agrees Ip. rovi eject milestone, iiormation to support media and communications efforts. i. Photo Documentation: Grantees of a onsible for the T'bt ring photo documentation: • Before and after photos, which uid -i .,€ _.from si`rar. angles to showcase how a particular area has been transforms .,.over time.: Project milestone'1 uch as gro0d6.0.0.4aitigs and ribbon -cuttings). Photos taken thughbstruction 'pia' and throughout the length of the project. Photos should be a=resolut Jat least 4 i,. es by 5 inches with a minimum of 300 pixels per inch) and contain ca}iD i1 p t.descri pns, dates, locations, and the narnes of those featured, if.a.ppropriate. - 8. Pr?IfiatiSigna§el.kailq,,projetVek,program in excess of $250,000 funded in whole or in part by rev uetffrom the Trans t.fxten r Drdinance shall be clearly designated during its construction or ir*Opentation as bet: Orovidec4y such revenues. SANDAG will provide sign specifications. Grantees lies to follow si ecifications and submit proof files to SANDAG for approval before printing. 9. Per€ormana tit ; SANDAG staff may measure performance of the constructed capita) improvements aga project objectives, and evaluate the overall grant program. Grantee is expected to meet wit Y 3ANDAG staff to identify, relevant performance measures and data sources; and provide available data and feedback regarding the program as appropriate. 38 Planning and ,ion -Capital Grants 1. Contact Information. Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Request for Proposals and Consultant Selection. Upon request by SANDAG. Grantee must submit consultant draft Request for Proposals to SANDAG staff for- review and comment for consistency with the agreed upon Scope of Work with SANDAG (Att p3+ A). 3. Quarterly Reports. Grantee must submit ter'. quarterly marts to SANDAG, detailing accomplishments in the quarter, anticipated progress next 4,lartei,, *riding issues and actions toward resolution, and status of budget and schedule. - ..` 4. Stakeholder and Community Meetings. Grants must provide SAND with advance notice (preferably within two weeks) and agendas of a4i stAkeholder and commun meetings, and a meeting summary following the meeting. SANDAL stay at;any meetings i appropriate. 5. Media and Community Outreach Coordination. Pietislnaterials shall be provided to SANDAG staff before they are distributed. SAN 1 o(s) should be4 eluded in press materials and other project collateral_ Furthermore, the Grove _as to provide inject milestone information to support media and communications effor*. 6. Photo Documentation, Grantees are re nsible Ar'3fiL�ting photo documentation: Existingcondi#i - i V sxhich silo* rate the current conditions of the project site and demons the needfor. improvedliities Project milestope photos ,ch as works, presentations to community groups, other agencies, and eferlofita- Photos shoe a resolisa-..(at least es by 6 inches with a minimum of 300 pixels per inch) add corrfarn sons with. eject descriptions, dates, locations, and the names of those feat,.if appropriate:. 39 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and Tr'ansNetITDA Active Transporlation Grant Program Qurarterry Report 4 Report Submittal Date: [Insert] Reporting Period: [Insert- Example: FY 2014, Quarter I] 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 ane convened a selection panel of 5 members from the City, ITS, NTCD, and SANDAG to shortlist 3 of 9 firms. The panel interviewed the 3 firms and selected XYZ Group for this project The City Council approved the consultant contract with XYZ Group on January 1, 2014. City staff held a kick-off meeting on January 10, 2014. • Task 2 - Public Outreach: City staff and XYZ Group began organizing the first workshop for this project. The anticipated date of the first workshop will be in the February/March 2014 timeframe. Task 3 - Etc. • Task 4 - Etc. 2. Deliverables Produced This Reporting Period [INSTRUCTIONS:the deliverables produces` durino this period end inciic t: The date submitted to .;A DAc . De iv r:ble.s can be sub , tt d as an atiachment to this report. See Item 5 for more details.] Example: • Final RFP - Submitted in December 2014. • Approved Consultant Contract andKick-Ott Meeting Notes - Submitted with this report. Please see accompanying list of attachments. 3. Is there an accompanying invoice for this perioei7 40 [INSTRUCTIONS: Indicate YES or F4O.] 4. Work Anticipated for the Next Reporting Period iNIS T RUCTIONS: Replace this text with a brief description of work anticipated for the i ex 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 5MB should be sent via WeTransfer.] WeTransfer Link; httpsJlsandag.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 NTP Date Task 1 Task 2: Policy No. 035 Milestone Task 3: Policy No. 035 Milestone [mm/dd/yy] [mm/ddlyy] [r m/dd/yy] [mm dd1 y] rnrniddl-yy] Lin Prooressi j [On Completed/ Time/ Not Started] Delayed] [In Progress/ [On Completed/ Time/ FM—Nt Stureeu] I Delayed] Anticipated Start Date (/f Different from Grant Scope of Worn) [mm/dd/yy] Anticipated Completion (1f Different from Grant Scope of Work) [rn rr►/dd/yy] [In Progress/ J [On Completed/ Time/ Hot Started] i Delayed] [mrr „ddfvy] J [mn+iddiyy] • 41 PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS Challenges and Actions Try•grard Resolution Of applicable) [INSTRUCTIONS: IONS: 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 bekivv.1 1-1 No amendment requested at this time 0 Amendment requested to*: • Project Schedule ❑ Project Budget ❑ Scope of Work *Failure to check a box in the above section assumes there is no action requested. Amendment requests are subject to SANDAG's approval. it is the Grantee's responsibility to ensure compliance with SANDAG Board Policy No. 035: Competitive Grant Program Procedures and grant agreement terms and conditions. • PART 4: PROJECT STATUS REPORT SIGNATURE Prepared by Date: Project Manager • • 42 JNVQICE INSTRUCTIONS Seep is Complete the Quarterly Progress Report. Reimbursernents cannot be made without a completed Quarterly Progress Report. Si!ep 2: Gather Documentation for Staff Casts, CansuliantrContractor Costs, and Other Costs. Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant Staff Costs should be supported by certified payroll documentation Consultant costs should be supported by the consultant invoice AND a proof of payment_ The proof of paymen: can be either a copy of the check provided to the consultant or prntoul 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 pay molt can be either a copy of the check provided to ';ha contractor or a printout from the project's financial accounting system showing that funds were disbursed. Other costs should be suppors;rd by either an invoice from the vendor or a receipt AND must be accompanied by a proof of payment. The proof of payment can be either a copy of the check provided to the vendor or a printout from the project's financial accounting system showing that funds were disbursed. Clearly identify (Le., highlight or circle) all grant -related expenses on documents that include non -related costs. Step 3: Complete the Expense Summary. Summarize the total Staff Costs, ConsultantUContractor 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 sure ail sub -totals have been calculated correctly. Step 4: Complete the Invoice Statement Enter the costs for each task (calculated in Step 3) into the appropriate cells of the Invoice Statement. The SANDAG contribution, match contribution, and retention amounts should automatically calculate. Enter previous costs by task into the appropriate cells of the. spreadsheet. The remaining grant balance should automatically calculate. Step 3: Submit Quarterly Progress Report, invoice, arrd supporting Documentation to SANDAG at: saatg ra ntsasan darg.ara Sign and scan the completed Quarterly Progress Report. Submit it in PDF form Sign and scan the invoice statement. Submit it in PDF form, Submt supporting documentation in PDF form, Submit the completed Excel wcrkbock riles in excess of 6MB should be submitted via: https:llsandag.wetransfer.com 43 ;AV liSTAfrcertt Personnel Staff Person A Staff Person B Staff Person C [INSERTADDITONAL IJNES AS NEEDED) Consultant/Contractor Consultant XYZ Consultant XYZ Consultant XYZ OuYeach Organization ABC [INSERT ADDITONAL UNES AS NEEDED) Vendor VendorA Vendor B VendorC [INSERT ADDITONAL LINES AS NEEDED] Time Period mmldd/yy to mmidd/yy rnm/ddiyy to mmldd/yy mm/dd/yy to mmiddfyy Invoice No, Inve,No. Hours Hourly Rate 10 $ 10 $ 10 $ Amount Documentation Attached? 10040 $ 1,000.00 YES/NO 106,00 $ 1,000,00 YES/NO taro $ 1,000.00 YIESlrND 1 / Invoice Date Description otCcists 1 111/2O t4 Professional serves r the Mang) of January 2014 . . 2 2/1/ '14 Pr .l,senices for tf* •, month of Febniay 2014 3/1120:14.Professional a/4**W the month ofMtirch 20'14; 3/1/2014:0Ultagiattiam January 2014 to Maith.2014 Invoice Date 1 1/1/2014 1 2J1/2014 1 2/28/2014 Description of Costs Printing costs for January 2014 News Announcement for February 2014 Workshop Snacks for February 2014 Workshop 45 Amount Documentation Attached? $ 10,000.00 YES/NO $ 10,000.00 YES/NO $ 10,000.00 YES/NO $ 10,000.03 YES/NO Amount DocumentationAttached? $ 100.00 YES/NO $ 100.00 YES/NO $ 100.00 YES/NO To: From: TRANSMET SMART GROWTH INCENTIVE PROGRAM IKVOICE SUCH MIIISHERJEE SANDAG 4I1 s Street Subs SOO Sul Diag,), CA 92141 4231 Name Address TASK RP 2 Existing Conditions Re 3. Public Outrage?) 44 Draft Plan 51Final Plan Current milit rYYteMM/Dbrninf L7 Preti01itil215 gilialleft Flofpnbursed to atch et Data - Data Total to Data iDDer Con:rattan! or tontracrxe Staff Costs OrC�js li0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 10.00 $0.00 .0.00 $0.00 $0.00 50.00 $0.00 10.00 $0.00 50.60 10.00 - $0.00 10.00 $0.00 $0.0 50,00 $0.00 $0.44 50.00 $0,00 Project Name: [PROJEcT NAME] Contract Number: 500XXX Grant Invoice Number Billing Period: Imice Date: Grant Award: 13a la nos Remaining FROM DATE $0.00 $0.00 TO 50.00 10.00 10.00 $0.0 Total• Project Budget (Grant + Match) Task 1 $4.00 Task 2 _ $0.00 Task 3 $0.00, Task 4 . $0.00 Task 5 $0.00 TOTAL $0.00 SANDAG Grant $0.00 Match: $0.00, SANDAG Corrtibution % WDIV/0/ Required Match % WDIV/01 46 $0.00 Total Expenses SANDAL:rile-tat Thts knobs This intvice 50.00 50.00 $4.00 $0.00 $0.00 $0.00 $0.00 $0.40 $0.00 $0,00 f0.00 $0.00 $0.00 Total Current Ex pertlituras: Totat Amount Due this 3rivoice: Less 10% Retention: % Net Ito Date: &Satoh S ITt $0.00 $0.00 $0.00 $0.44 $0.04 $0.0D $0.01) $0.00 #D1W01 CERTIFICATION OF GRANTEE V ---' herebycertify slat the abo.ve costs were incurred in performance of the work required under the grant and are consistent with the amounts evidenced t:y a-tacned supporting documents and ependitures. Signature Printed Name andittlt bate. 47