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May 20, 2011 File Number 5001667
Mr. Stephen Manganiello
Traffic Engineer
Engineering Division
City of National City
1243 National City Boulevard
National City, CA 91950
Dear Mr. Manganiello:
SUBJECT: Notice to Proceed on Agreement #5001667 Between the San Diego
Association of Governments (SANDAG) and the City of National
City regarding National City Safe Routes To School Education and
Encouragement Initiative Project
This letter will serve as your Notice to Proceed, effective May 19, 2011, on
Agreement #5001667 for the subject Project. A copy of the fully executed,
original signature contract document is included for your records.
Ms. Bridget Enderle of SANDAG's Land Use and Transportation Planning
Department has been assigned the management responsibility for this project.
All questions and administrative matters should be directed to Ms. Enderle at
the above address or at (619) 699-5612.
We look forward to working with National City for a mutually beneficial and
successful outcome on this Project.
Sincerely,
JANET YEH, C.P.M. CPPB
Associate Contract and Procurement Analyst
JYE/ais
Enclosure
cc: Bridget Enderle, SANDAG
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COMMUNITIES PUTTING PREVENTION TO WORK
GRANT AGREEMENT 5001667 BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
CITY OF NATIONAL CITY
REGARDING NATIONAL CITY SAFE ROUTES
TO SCHOOL EDUCATION AND ENCOURAGEMENT INITIATIVE
THIS GRANT AGREEMENT 5001667 ("Agreement") is made this / q th day of
'-A a- , 2011, by and between the San Diego Association of Governments (hereinafter
referred td as "SANDAG"), 401 B Street, Suite 800, San Diego, CA, and the City of National City,
1243 National City Blvd., National City, CA (hereinafter referred to as "Grantee").
RECITALS
The following recitals are a substantive part of this Agreement:
A. Communities Putting Prevention to Work (CPPW) is a program of the County of San Diego
Health and Human Services Agency (HHSA) funded by the federal Centers for Disease
Control and Prevention through the American Recovery and Reinvestment Act (ARRA)
(Catalogue of Federal Domestic Assistance (CFDA) Number 93.724).
B. The goal of the CPPW program is to expand the use of evidence -based strategies and
programs to address obesity rates, physical inactivity, and poor nutrition in the San Diego
Region.
C. SANDAG is partnering with HHSA to implement initiatives relating to transportation and
land use planning and policy in the San Diego Region, including the Healthy Communities
Campaign and Safe Routes to School implementation, which will provide the following four
pass -through grant programs for local planning and implementation projects: Healthy
Community Planning Grant Program, Active Community Transportation Grant Program, Safe
Routes to School Capacity Building and Planning Grant Program and the Safe Routes to
School Education, Encouragement and Enforcement Grant Program.
D. In December 2010 SANDAG issued a call for projects for grant applicants in San Diego
County wishing to apply for a portion of the CPPW funds for use on planning and
implementation projects meeting certain criteria under the four pass -through grant
programs, described above.
E. On March 25, 2011, SANDAG's Board of Directors authorized CPPW funds for the following
project: National City Safe Routes to School Education and Encouragement Initiative
(hereinafter referred to as the "Project").
F. The purpose of this Agreement is to establish the terms and conditions for SANDAG to
provide Grantee with funding to implement the Project.
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Grantee: City of National City Grant No. 5001667
G. Although SANDAG will be providing financial assistance to Grantee to support the Project,
SANDAG will not be responsible for Project implementation or hold any substantial control
of the Project.
NOW, THEREFORE, it is agreed as follows:
Section 1. Definitions
A. Application. The signed and dated grant application, including any amendment thereto,
with all explanatory, supporting, and supplementary documents filed with SANDAG by or
on behalf of the Grantee and accepted or approved by SANDAG. All of Grantee's
application materials, not in conflict with this Agreement, are hereby incorporated into this
Agreement as though fully set forth herein.
B. Agreement. This Grant Agreement, together with all attachments hereto, which are
hereby incorporated into this Agreement and contain additional terms and conditions that
are binding upon the parties.
C. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in
written hard copy or electronically) of a SANDAG official authorized to permit the Grantee
to take or omit an action required by Agreement, which action may not be taken or omitted
without such permission. Except to the extent that SANDAG determines otherwise in
writing, such approval, authorization, concurrence, or waiver permitting the performance or
omission of a specific action does not constitute permission to perform or omit other similar
actions. An oral permission or interpretation has no legal force or effect. (See also Notice to
Proceed, below at paragraph H in this Section 1.)
D. 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, scope of work, and
schedule is attached hereto as Attachment A.
E. CPPW Assistance. Funding for the CPPW's four pass -through grant programs.
F. Grantee. The entity that is the recipient of CPPW Assistance under this Agreement. If the
Grantee enters into agreements with other parties to assist with the implementation of the
Project, each participant in, member of, or party to that agreement is deemed a "Sub -
Grantee" and for purposes of compliance with applicable requirements of this Agreement
for its Project will be treated as a Grantee.
G. Maximum Percentage of SANDAG Participation. Grantee submitted an application and
was evaluated based on its representation that it would provide matching funds for the
Project. Grantee agrees to provide 25 percent or $10,000 of the Approved Project Budget as
matching funds from resources other than the CPPW Assistance. Therefore, the maximum
percentage that SANDAG will pay Grantee for amounts invoiced under this Agreement is 75
percent or $30,000, whichever is the lesser of these two amounts.
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Grantee: City of National City Grant No. 5001667
H. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing
the Grantee to proceed with all or a portion of the work described in the scope of work.
Grantee shall not proceed with the work and shall not be eligible to receive payment for
work performed prior to SANDAG's issuance of a notice to proceed.
Sub -Grantee. Any Grantee or consultant, at any tier, paid directly or indirectly with funds
flowing from this Agreement for the Project.
Section 2. Project Implementation
A. General. The Grantee agrees to carry out the Project as follows:
1. Project Description. Grantee agrees to perform the work as described in the
project description/scope of work attached as Attachment A.
2. Effective Date. The effective date of this Agreement or any amendment hereto is
the date on which this Agreement or an amendment is fully executed. SANDAG
authorizes Grantee to begin working on the Project, and Grantee agrees to
undertake Project work, promptly after receiving a notice to proceed from SANDAG,
notwithstanding the effective date of this Agreement.
3. Grantee's Capacity_ The Grantee agrees to maintain or acquire sufficient legal,
financial, technical, and managerial capacity to: (a) plan, manage, and complete the
Project and provide for the use of any Project property; (b) carry out the safety and
security aspects of the Project; and (c) comply with the terms of this Agreement and
all applicable laws, regulations, and policies pertaining to the Project and the
Grantee..
4. Project Schedule. The Grantee agrees to complete the Project according to the
Project schedule attached hereto as Attachment A and in compliance with the Use-
tt-or-Lose-lt policy attached hereto as Attachment B. SANDAG Board Policy No. 035
(Competitive Grant Program Procedures) does not apply to the CPPW Program,
including this Agreement.
5. Project Implementation and Oversight. Grantee agrees to comply with the
Project implementation and oversight requirements attached hereto as
Attachment C. Additionally, if Grantee hires a consultant other than on -call
consultants provided by SANDAG to carry out professional services funded under
this Agreement, Grantee shall: prepare an independent cost estimate (ICE) prior to
soliciting proposals, publicly advertise for competing proposals for the work, use
cost as an evaluation factor in selecting the consultant, document a record of
negotiation (RON) establishing that the amount paid by Grantee for the consultant
services is fair and reasonable, and pass through the relevant obligations in this
Agreement to the consultant.
6. Work with On -Call Consultants Arranged by SANDAG. Grantee has elected to
work with Alta Planning + Design, a consultant that was competitively procured by
SANDAG on an on -call basis to assist Grantee in completing the Project. The
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Grantee: City of National City Grant No. 5001667
Approved Project Budget includes CPPW Assistance
matching funds from the Grantee in the amount
budget of $40,000. SANDAG will pay Alta Planning
from CPPW Assistance grant funds upon approval
Grantee and SANDAG. Contingent upon the
performance, SANDAG will pay Grantee the balance
as outlined in the Scope of Work.
in the amount of $30,000 and
of $10,000, for a total Project
+ Design up to $21,950 directly
of consultant's invoice by the
Grantee's satisfactory Project
of the CPPW Assistance ($8,050)
7. Changes to Project Composition. This Agreement was awarded to Grantee
based on the application submitted by Grantee, which contained representations by
Grantee regarding the proposed scope of work, and other criteria relevant to
evaluating and ranking the Project based on SANDAG's grant evaluation criteria
("project justification"). Any substantive deviation from Grantee's representations in
the project justification during project implementation may require reevaluation or
result in loss of funding. If Grantee knows or should know that substantive changes
in the project justification have occurred or will occur, Grantee will immediately
notify SANDAG. SANDAG will then determine whether the Project is still consistent
with the overall objectives of the CPPW Program and that the changes would not
have negatively affected the Project ranking during the grant application process.
SANDAG reserves the right to have CPPW Assistance withheld or refunded due to
substantive changes to the project justification. See Section 9; paragraph F of this
Agreement regarding amendments to the scope of work.
B. Significant Participation by a Sub-Grantee/Consultant. Although the Grantee may
delegate any or almost all Project responsibilities to one or more sub-grantees/consultants,
the Grantee agrees that it, rather than any sub-grantee/consultant, is ultimately responsible
for compliance with all applicable laws, regulations, this Agreement and all Project
performance inciuding the requirement that Grantee's Project must be completed by
February 1, 2012.
C. Grantee's Responsibility to Extend Agreement Requirements to Other Entities
1. Entities Affected. 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, including the requirement that Grantee's Project must be completed by
February 1, 2012.
2. Documents Affected. The applicability provisions of laws, regulations, and policies
determine the extent to which those provisions affect an entity (such as a sub -
grantee) participating in the Project through the Grantee. Thus, the Grantee agrees
to use a written document to ensure that each entity participating in the Project
complies with applicable laws, regulations, and policies. .
a. Required Clauses- The Grantee agrees to use a written document (such as a
subagreement, lease, third -party contract, or other), including all
appropriate clauses stating the entity's responsibilities under applicable laws,
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Grantee: City of National City Grant No. 5001667
regulations, or policies, including, but not limited to, the pass -through
provisions outlined in Attachment E to this Agreement.
b. Flowdown. The Grantee agrees to include in each document (sub -
agreement, lease, third -party contract, or other) any necessary provisions
requiring the Project participant (third -party Grantee, sub -grantee, or other)
to impose applicable laws, Agreement requirements and directives on its
sub -grantees, lessees, third -party Grantees, and other Project participants at
the lowest tier necessary.
D. No SANDAG Obligations to Third Parties. In connection with the Project, the Grantee
agrees that SANDAG shall not be subject to any obligations or liabilities to any sub -grantee,
lessee, third -party Grantee, or other person or entity that is not a party to this Agreement
for the Project, other than making payments(s), from the Grantee's award, to on -call
consultants arranged through SANDAG, if applicable, subject to SANDAG's receipt and
approval of on -call consultant invoices consistent with Section 5, below.
E. Changes in Project Performance. The Grantee agrees to notify SANDAG immediately, in
writing, of any change in local law, conditions (including its legal, financial, or technical
capacity), or any other event that may adversely affect the Grantee's ability to perform the
Project in accordance with the terms of this Agreement. The Grantee also agrees to notify
SANDAG immediately, in writing, of any current or prospective major dispute, breach,
default, or litigation that may adversely affect SANDAG's interests in the Project and agrees
to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any
reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG
required by this subsection to SANDAG's Office of General Counsel. Grantee further agrees
to comply with the Use -It -or -Lose -It policy attached hereto as Attachment B.
F. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant
to this Agreement shall be performed in accordance with the applicable standard of care.
Where approval by SANDAG, the Executive Director, or other representative of SANDAG is
indicated in the scope of work, it is understood to be conceptual approval only and does not
relieve the Grantee of responsibility for complying with all applicable laws, codes, industry
standards, and liability for damages caused by negligent acts, errors, omissions,
noncompliance with industry standards, or the willful misconduct of the Grantee or its sub -
grantees.
Section 3_ Ethics
A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a
written code of conduct or standards of conduct that shall govern the actions of its officers,
employees, council or board members, or agents engaged in the award or administration of
subagreements, leases, or third -party contracts supported with CPPW Assistance. 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 sub -grantee, lessee, or
third -party Grantee at any tier or agent thereof. Such a conflict would arise when an
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Grantee: City of National City Grant No. 5001667
employee, officer, council or board member, or agent, including any member of his or her
immediate family, partner, or organization that employs or intends to employ, any of the
parties listed herein has a financial interest in the entity selected for award. 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 also shall prohibit its officers, employees, council or board members, or
agents from using their respective 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 Grantees or sub -
grantees or their agents.
1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or
standards of conduct shall prohibit the Grantee's employees, officers, council or
board members, or agents from participating in the selection, award, or
administration of any third -party contract or subagreement supported by CPPW
Assistance if a real or apparent conflict of interest would be involved. Such a conflict
would arise when an employee, officer, board member, or agent, including any
member of his or her immediate family, partner, or organization that employs or
intends to employ, any of the parties listed herein has a financial interest in the firm
selected for award.
2. Organizational Conflicts of Interest_ The Grantee agrees that its code of conduct
or standards of conduct shall include procedures for identifying and preventing real
and apparent organizational conflicts of interest. An organizational conflict of
interest exists when the nature of the work to be performed under a proposed
third -party contract or subagreement may, without some restrictions on future
activities, result in an unfair competitive advantage to the third -party Grantee or
sub -grantee or impair its objectivity in performing the contract work.
B. SANDAG Code of Conduct. SANDAG has established policies concerning potential
conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any
practices which might result in unlawful activity are prohibited, including, but not limited
to, rebates, kickbacks, or other unlawful considerations. SANDAG staff are specifically
prohibited from participating in the selection process when those staff have a close personal
relationship, family relationship, or past (within the last twelve [12] months), present, or
potential business or employment relationship with a person or business entity seeking a
contract. It is unlawful for any contract to be made by SANDAG if any individual board
member or staff has a prohibited financial interest in the contract. Staff also is prohibited
from soliciting or accepting gratuities from any organization seeking funding from
SANDAG. SANDAG's officers, employees, agents, and council or board members shall not
solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants,
potential consultants, or parties to subagreements. By signing this Agreement, Grantee
affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. If
Grantee has any reason to believe a conflict of interest exists with regard to this Agreement
or the Project, it should notify the SANDAG Office of General Counsel immediately.
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Grantee: City of National City Grant No. 5001667
C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay,
any bonus or commission to obtain approval of its CPPW Assistance application for the
Project.
D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that
by executing this 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.
Section 4_ Approved Project Budget
Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows:
The Grantee and SANDAG have agreed to a Project budget that is designated the "Approved
Project Budget." The Grantee will incur obligations and make disbursements of Project funds only
as authorized by the Approved Project Budget. An amendment to the Approved Project Budget
requires the issuance of a formal amendment to this Agreement, except that re -allocation of funds
among budget items or fiscal years that does not increase the total amount of the CPPW Assistance
awarded for the Project may be made consistent with applicable laws, regulations, and policies.
Prior SANDAG approval is required for transfers of funds between Approved Project Budget
categories; approval will not be unreasonably withheld.
Section 5. Payments
A. Funding Commitment. Contingent upon the availability of funding and SANDAG's receipt
of satisfactory invoices, the Grantee agrees that SANDAG's maximum commitment for
Project costs will not exceed the maximum SANDAG contribution of $30,000. The
responsibility of SANDAG to make payments under this Agreement is limited to the
amounts listed in the Approved Project Budget for the Project. Within thirty (30) days of
notification to the Grantee that specific amounts are owed to SANDAG, whether for excess
payments of CPPW Assistance, failure to comply with the Use -It -or -Lose -It policy
(Attachment B), disallowed costs, or funds recovered from third parties or elsewhere, the
Grantee agrees to remit the owed amounts to SANDAG, including applicable interest,
penalties, and administrative charges_
B. SANDAG Payment to Grantee. If Grantee costs are designated in the Approved Project
Budget, SANDAG shall pay Grantee on a monthly basis, following receipt and approval of a
monthly invoice accompanied by satisfactory documentation of expenses, including the
Grantee's pro-rata matching portion incurred on the Project (Please see Section 6(b), below).
A sample monthly invoice form is attached hereto as Attachment D. Grantee's monthly
invoices are due to SANDAG's Point of Contact, Heather Ream, at hre@sandag.org by the
15th day of each month. Upon receiving a request for payment and adequate supporting
information, SANDAG will make payment for eligible amounts to Grantee within thirty (30)
days if Grantee has complied with the requirements of this Agreement, has satisfied
SANDAG that the CPPW Assistance requested is needed for Project purposes in that
requisition period, and is making adequate progress toward Project completion. After the
Grantee has demonstrated satisfactory compliance with the preceding requirements,
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Grantee: City of National City Grant No. 5001667
SANDAG will reimburse the Grantee's apparent allowable costs incurred consistent with the
Approved Project Budget for the Project. SANDAG shall retain ten percent (10%) from the
amounts invoiced until satisfactory completion of work. SANDAG shall promptly pay
retention amounts to Grantee following Grantee's satisfactory completion of work, receipt
of Grantee's final invoice, and all required documentation.
C. Payment by SANDAG to On -Call Consultant. If Grantee is utilizing on -call consultant
assistance arranged by SANDAG, the on -call consultant will submit invoices to Grantee for
approval. Grantee agrees to review, and indicate its approval of, Consultant's invoices
within ten working days of receipt. Upon Grantee's approval of each Consultant invoice,
Grantee will send both the Consultant and SANDAG's Project Manager an e-mail confirming
its approval of the invoice, along with a scanned copy of the approved Consultant invoice.
Grantee will then submit approved on -call consultant invoices to SANDAG for payment.
SANDAG will review Grantee's approved on -call consultant invoices, and if satisfactory,
SANDAG will pay on -call consultants directly consistent with the conditions outlined in
Section 5. B, "Payment by SANDAG to Grantee." Grantee understands that up to $21,950 in
on -call consultant invoices, if satisfactory to SANDAG, will be paid from CPPW Assistance
awarded to Grantee.
D. Costs Reimbursed. The Grantee agrees that Project costs eligible for CPPW Assistance must
comply with all the following requirements. Except to the extent that SANDAG determines
otherwise, in writing, to be eligible for reimbursement, Project costs, including matching
funds, must be:
1. Consistent with the Project scope of work, the Approved Project Budget, and other
provisions of this Agreement;
2. Necessary in order to accomplish the Project;
3. Reasonable for the goods or services purchased, as evidenced by the Grantee's
independent cost estimate for the goods/services at issue, along with a record of
negotiation with a vendor/supplier;
4. Actual net costs 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 after the effective date of this Agreement and
following Grantee's receipt of a notice to proceed from SANDAG;
6. Satisfactorily documented;
7. Treated consistently in accordance with accounting principles and procedures
approved by SANDAG for the Grantee (see Section 6. Accounting Records) and with
accounting principles and procedures approved by the Grantee for its third -party
Grantees and sub -grantees;
8. Eligible for CPPW Assistance; and
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Grantee: City of National City Grant No. 5001667
9. Expended allowable indirect costs, including overhead, only if the Grantee has an
approved indirect cost allocation plan and prior written approval has been obtained
from SANDAG. The Grantee shall annually submit to SANDAG an approved indirect
cost allocation plan in accordance with Office of Management and Budget (OMB). If
the Grantee does riot have an acceptable approved indirect cost allocation plan,
then indirect costs are not recoverable and will not be reimbursed.
10. Project generated revenue realized by the Grantee shall be utilized in support of the
Project. Project generated revenue and expenditures, if any, shall be reported at the
end of the Agreement period.
E. Excluded Costs. In determining the amount of CPPW Assistance SANDAG will provide for
the Project, SANDAG will exclude:
1. Any Project cost incurred by the Grantee before the effective date of this
Agreement or Amendment thereto or before SANDAG issues a Notice to Proceed;
2. Any cost that is riot included in the latest Approved Project Budget;
3. Any cost for Project property or services received in connection with a
subagreement, lease, third -party contract, or other arrangement that is required to
be, but has not been, concurred in or approved in writing by SANDAG; and
4. Any cost ineligible for SANDAG participation as provided by applicable laws,
regulations, or policies.
The Grantee understands and agrees that payment to the Grantee for any Project cost does
not constitute a final decision by SANDAG about whether that cost is allowable and eligible
for payment under the Project and does not constitute a waiver of any violation by the
Grantee of the terms of this Agreement for the Project. The Grantee acknowledges that
SANDAG will not make a final determination about the allowability and eligibility of any
cost until the final payment has been made on the Project. If SANDAG determines that the
Grantee is not entitled to receive any portion of the CPPW Assistance requested or paid,
SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that
Project closeout will not alter the Grantee's responsibility to return any funds due SANDAG
as a result of later refunds, corrections, or other similar transactions, nor will Project closeout
alter the right by SANDAG to disallow costs and recover funds provided for the Project on
the basis of a later audit or other review.
F. Duty to Obtain Matching Funds. The Grantee agrees to provide sufficient funds or
approved in -kind contributions, together with the CPPW Assistance awarded, that will
assure payment of the actual cost of each Project activity covered by this Agreement for the
Project. The amount of matching funds and/or percentage(s) of matching funds, and/or in -
kind contributions Grantee shall provide are set forth in the Approved Project Budget. The
Grantee agrees to complete all proceedings necessary to provide its share of the Project
costs, on a pro-rata basis, at or before the time the matching funds are needed for Project
costs. Grantee's monthly invoices must include their pro-rata matching fund contribution as
reflected in the Approved Project Budget.
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Grantee: City of National City Grant No. 5001667
G. Maximum Percentage of SANDAG Participation. Upon receipt of an invoice from
Grantee documenting Grantee's incurred and eligible expenses, SANDAG agrees to pay its
maximum percentage/amount of SANDAG participation based on the invoiced amount.
H. Reduction of Matching Funds. The Grantee agrees that no refund or reduction of the
amount of matching funds, or the value of in -kind contributions may be made unless, at the
same time, a reduction of the proportional amount of the CPPW Assistance provided is
made to SANDAG in order to maintain the ratio or percentage of SANDAG participation.
Section 6. Accounting Records
In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows:
A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a
separate set of accounts or separate accounts within the framework of an established
accounting system that can be identified with the Project. The Grantee also agrees to
maintain all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting
documents related in whole or in part to the Project so that they may be clearly identified,
readily accessible, and available to SANDAG upon request and, to the extent feasible, kept
separate from documents not related to the Project.
B. Documentation of Project Costs and Program Income. Except to the extent that
SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged
to the Project, including any approved services or property contributed by the Grantee or
others, with properly executed payrolls, time records, invoices, contracts, or vouchers
describing in detail the nature and propriety of the charges, including adequate records to
support the costs the Grantee has incurred underlying any payment in which SANDAG has
agreed to participate.
Section 7. Reporting, Record Retention, and Access
A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws
and regulations, policies, this Agreement, and any other reports SANDAG may specify.
Please note that Attachment E to this Agreement includes additional reporting
requirements. Attachment F, to this Agreement, includes the required Monthly ARRA
Reporting form, along with instructions to complete this form.
B. Report Formats. The Grantee agrees that all reports and other documents or information
intended for public availability developed in the course of the Project and required to be
submitted to SANDAG must be prepared and submitted in electronic and or written hard
copy formats as SANDAG may specify. SANDAG reserves the right to specify that records be
submitted in particular formats.
C. Record Retention. During the course of the Project and for three (3) years thereafter from
the date of transmission of the final expenditure report, the Grantee agrees to maintain
(intact and readily accessible) all data, documents, reports, records, contracts, and
supporting materials relating to the Project as SANDAG may require.
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Grantee: City of National City Grant No. 5001667
D. Access to Records of Grantees and Sub -Grantees. The Grantee agrees to permit, and
require its sub -grantees to permit, SANDAG or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data and to audit the books,
records, and accounts of the Grantee and its sub -grantees pertaining to the Project.
E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
Section 8. Project Completion, Audit, Settlement, and Closeout
A. Project Completion. Grantee's Project must be completed by February 1, 2012. Grantee
agrees to submit a final certification of Project expenses and final reports to SANDAG by no
later than February 15, 2012.
B. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG
has dosed the Project and either forwards the final CPPW Assistance payment or
acknowledges that the Grantee has remitted the proper refund to SANDAG. The Grantee
agrees that Project closeout by SANDAG does not invalidate any continuing requirements
imposed by this Agreement or any unmet requirements set forth in a written notification
from SANDAG. All payments made to the Grantee shall be subject to review for compliance
by SANDAG with the requirements of this Agreement and may be subject to an audit upon
completion of the Project. If Grantee uses CPPW Assistance for indirect costs, any final audit,
if performed, will include an indirect cost audit as well.
C. Audit of Grantee. The Grantee agrees to have performed any financial and compliance
audits SANDAG may require. If performed, these financial and compliance audits must
comply with the provisions of OMB Circular A-133, Revised, "Audits of States, Local
Governments, and Non -Profit Organizations," the latest OMB A-133 Compliance
Supplement for U.S. DOT, and any further revision or supplement thereto. The Grantee also
agrees to obtain any other audits required by SANDAG. The Grantee agrees that these
audits will be conducted in accordance with U.S. Government Accountability Office, (U.S.
GAO) "Government Auditing Standards." The Grantee agrees that Project closeout will not
alter the Grantee's audit responsibilities. Audit costs are allowable Project costs.
Section 9. Timely Progress and Right of SANDAG to Terminate
A. Grantee understands that the Project must be completed by February 1, 2012.
Grantee shall make diligent and timely progress toward completion of the Project within
the timelines set forth in the Project schedule (Attachment A). If timely progress is not
achieved, SANDAG may review the status of the Project to determine if the funds should be
reallocated to another eligible project, as per the Use -It -or -Lose -It policy (Attachment B).
Grantee understands and agrees that any failure to make reasonable progress on the
Project or violation of this Agreement that endangers substantial performance of the
Project shall provide sufficient grounds for SANDAG to terminate this Agreement for the
Project.
11
12
Grantee: City of National City
Grant No. 5001667
B. In the event Grantee encounters difficulty in meeting the Project schedule or anticipates
difficulty in complying with the Project schedule, the Grantee shall immediately notify the
SANDAG project manager in writing and shall provide pertinent details, including the
reason(s) for the delay in performance and the date by which Grantee expects to complete
performance or delivery. This notification shall be informational in character only, and
receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or
date or any rights or remedies provided by this Agreement, including the Use -It -or -Lose -It
policy (Attachment B).
C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any
part of the CPPW Assistance to be provided for the Project if the Grantee has violated the
terms of this Agreement or if SANDAG determines that the purposes of the laws or policies
authorizing the Project would not be adequately served by the continuation of CPPW
Assistance for the Project.
D. In general, termination of CPPW Assistance for the Project will not invalidate obligations
properly incurred by the Grantee before the termination date to the extent those
obligations cannot be canceled. If, however, SANDAG determines that the Grantee has
willfully misused CPPW Assistance by failing to make adequate progress or failing to comply
with the terms of this Agreement, SANDAG reserves the right to require the Grantee to
refund the entire amount of CPPW Assistance provided for the Project or any lesser amount
as SANDAG may determine.
E. Grantee must request and SANDAG must agree to amend this Agreement in writing if the
Project schedule will not be met. An amendment to the Project schedule may be made at
SANDAG's discretion if Grantee's request is consistent with the provisions of the Use -It -or -
Lose -It policy (Attachment B).
F. The grant was awarded based on the application submitted by Grantee with the intention
that the awarded funds would be used to implement the Project as described in the scope
of work (Attachment A). Any substantive deviation from the scope of work must be
approved by SANDAG if grant funds are to be used for such changes. If Grantee believes
substantive changes need to be made to the Project, Grantee will immediately notify
SANDAG's Project Manager, in writing. SANDAG will then determine whether the Project is
still consistent with the overall objectives of the CPPW Program and that the changes would
not have negatively affected the Project ranking during the grant application process.
SANDAG reserves the right to have CPPW Assistance withheld or refunded due to
substantive Project changes.
Section 10. Disputes and Venue
A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the
State of California.
B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the
performance of this Agreement, Grantee shall continue to perform unless SANDAG informs
Grantee in writing to cease performance. The dispute resolution process for disputes arising
under this Agreement shall be as follows:
12
13
Grantee: City of National City Grant No. 5001667
1. Grantee shall submit a statement of the grounds for the dispute, including all
pertinent dates, names of persons involved, and supporting documentation, to
SANDAG's project manager. The project manager and other appropriate SANDAG
staff will review the documentation in a timely manner and reply to Grantee within
twenty (20) days. Upon receipt of an adverse decision by SANDAG, Grantee may
submit a request for reconsideration to SANDAG's Executive Director. The request
for reconsideration must be received within ten (10) days from the postmark date of
the reply from SANDAG. The Executive Director will respond to the request for
reconsideration 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 shalt make a written request to SANDAG for appeal
to the SANDAG Regional Planning Committee. SANDAG shall respond to a request
for mediation within thirty (30) calendar days. The decision of the Regional Planning
Committee shall be final_
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.
Section 11. Assignment
The Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or
novation) this Agreement or any rights under or interest in this Agreement. However, claims for
money due to Grantee from SANDAG under this Agreement may be assigned to a bank, trust
company or other financial institution without such approval. Notice of such assignment or transfer
shall be promptly furnished to SANDAG in writing.
Section 12. Project Manager
The Grantee has assigned Maryam Babaki, P.E. as the project manager for the Project. Project
manager continuity and experience is deemed essential in Grantee's ability to carry out the Project
in accordance with the terms of this Agreement. Grantee shall not change the project manager
without notice to SANDAG.
Section 13. Insurance
Grantee shall procure and maintain during the period of performance of this Agreement, and for
twelve (12) months following completion, policies of insurance from insurance companies
authorized to do business in the State of California or the equivalent types and amounts of self-
insurance, as indicated in Attachment E, hereto, and as follows:
A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000
general aggregate for personal and bodily injury, including death, and broad form property
13
14
Grantee: City of National City Grant No. 5001667
damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery
Against Others Endorsement,„ naming SANDAG as an additional insured. A deductible or
retention may be utilized, subject to approval by SANDAG.
B. Automobile Liability. For personal and bodily injury, including death, and property damage
in an amount not less than $1,000,000. The policy must include an acceptable "Waiver of
Right to Recover From Others Endorsement," naming SANDAG as an additional insured.
C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the
State of California. The policy must include an acceptable "Waiver of Right to Recover From
Others Endorsement," naming SANDAG as an additional insured.
D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates
(original copies) that it has the foregoing insurance. The insurance shall be provided by an
acceptable insurance provider, as determined by SANDAG, which satisfies the following
minimum requirements:
1. An insurance carrier qualified to do business in California and maintaining an agent
for service of process within the state. Such insurance carrier shall maintain a current
A.M. Best rating classification of "A-" or better and a financial size of "$10 million
to $24 million (Class V) or better,"
OR
2. A Lloyds of London program provided by syndicates of Lloyds of London and other
London insurance carriers, providing all participants are qualified to do business in
California and the policy provides for an agent for service of process in California.
E. Certificates of insurance shall be 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. Each insurance policy shall contain a clause which
provides that the policy may not be canceled without first giving thirty (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.
Section 14_ Indemnification and Duty to Defend
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, council or board members, and
employees harmless from and against any and all claims asserted or liability established for damages
or injuries to any person or property, including injury to the Grantee's or its sub -grantees'
employees, agents, or officers which arise from or are connected with or are caused or claimed to
be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its sub -grantees
and their agents, officers, or employees, in performing the work or services herein, and all expenses
of investigating and defending 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 liability
14
15
Grantee: City of National City Grant No. 5001667
arising from the established sole negligence or willful misconduct of SANDAG, its agents, officers, or
employees.
Section 15. Relationship of Parties
For purposes of this Agreement, the relationship of the parties is that of independent entities and
not as agents of each other or as joint venturers or partners. The parties shall maintain sole and
exclusive control over their personnel, agents, consultants, and operations.
Section 16. CPPW Program Pass -Through Contract Provisions
The American Recovery & Reinvestment Act of 2009 (ARRA) project titled Communities Putting
Prevention to Work No. 1U58DP002496-01 (the "Grant") was initially awarded to the County of San
Diego ("County"). The County awarded a portion of the Grant funds to SANDAG. The County and
SANDAG entered into an agreement outlining the terms and conditions under which SANDAG may
spend its portion of the Grant funds (County-SANDAG Agreement) (County's Reference No. 532637
and SANDAG's Reference No. 5001467).
SANDAG and the Grantees awarded CPPW Assistance are subject to certain pass -through contract
provisions in the County-SANDAG Agreement, described in Attachment E, attached hereto and
incorporated herein by this reference. By signing this Agreement, Grantee agrees to comply with
the pass -through contract provisions set out in Attachment E. If the terms of this Agreement conflict
with a term of the County-SANDAG Agreement, the County-SANDAG Agreement term shall take
precedence over this Agreement's terms.
Section 17. Severabiiity and integration
If any provision of this Agreement is determined invalid, the remainder of that Agreement shall not
be affected if that remainder would continue to conform to the requirements of applicable laws or
regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to
those matters contained in it. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered hereunder. This Agreement may not be modified or altered
except in writing, signed by SANDAG and the Grantee.
Section 18. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or
delivered by depositing the same in any United States Post Office, registered or certified, postage
prepaid, addressed to:
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Attn: CPPW Program Manager_
and shall be effective upon receipt thereof.
15
Grantee: City of National City
1243 National City Blvd.
National City, CA 91950
Attn: Maryam Babaki, P.E.
16
Grantee: City of National City
Grant No.5001667
Section 19. Signatures
The individuals executing this Agreement represent and warrant that they have the legal capacity,
and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written
above.
SAN DIEGO ASSOCIATION
OF GOVERNMENTS
frot v w r w�• vwrW '
GARY L. GALLEGOS
Executive Director
APPROVED AS TO SUFFICIENCY OF FORM
AND LEGALITY:
COLEMAN
late Legal Counsel
16
CITY OF NATIONAL CITY
RON MORRISON
Mayor
17
Grantee: City of National City
Grant No. 5001667
ATTACHMENT A
APPROVED PROJECT BUDGET, SCOPE OF WORK, AND PROJECT SCHEDULE
Task
Deliverable
Start and
End Date
Budget
Amount for
Grantee
Budget
Amount for
Consultant
Services
SANDAG
Grant
Amount
City Match
Amount
Total
Budget
Amount by
Task
1. Project Start Up
Meeting minutes including decisions and
action items
5/11.5/11
$250
$350
$461,50
$138.50
$600
2. Safe Routes to School
Programs •
Menu/Educational
Pamphlet
Print ready document for distribution by city
staff and school administrators.
5/11-6/11
$800
$2,920
$3,276.79
$443,21
$3,720
3. Collaborative Workshops
Workshop summary including a Prioritized
Programs List and the single priority program
selected for delivery in each school for 2011-
2012 school year.
7/11.8/11
$3,000
$6,910
$8,247.95
$1,662.05
$9,910
4. Program Delivery
Training for one program at each school site
or combined school site (upto 10 traininqs).
9/11-10/11
$3,000
$10,240
$11,577.95
$1,662.05
$13,240
5. Parent Patrol
Implementation
"Parent Patrol" jackets, whistles, note pads,
cones, etc.
7/11-12/11
$5,000
$0
$2,229.92
$2,770.08
$5,000
6. Evaluation
Student/parent survey summaries from the
National Center for Safe Routes to School
5/11-12/11
$1,000
$0
$445.98
$554.02
$1,000
7. Project Support/Project
Management
Executed contract, invoicing, reporting and
participation in ongoing communication
5/11-2/12
$5,000
$1,530
$3,759.91
$2,770.09
$6,530
TOTAL
$18,050
$21,950
$30,000
$10,000
$40,000
SANDAG GRANT AWARD AMOUNT
$30,000 /
75%
GRANTEE MATCH AMOUNT
$10,000 /
25%
TOTAL PROJECT AMOUNT
$40,000
17
Grantee: City of National City Grant No. 5001667
• Please note all projects must be completed by February 1, 2012.
• Grantees are responsible for their timely compliance with all reporting requirements outlined in this Agreement.
• Grantee's monthly ARRA reports are due to SANDAG's Point of Contact (POC) Heather Ream at hre@sandag.org by the 3rd day of
each month.
• Grantee's monthly invoices are due to SANDAG's POC Heather Ream at hre@sandag.orq by the 15`h day of each month.
• Grantee's monthly invoices must include their pro•rata matching fund contribution as reflected in the Approved Project Budget.
18
Grantee: City of National City Grant No. 5001667
ATTACHMENT B
USE -IT -OR -LOSE -IT POLICY
Project Milestone and Completion Deadlines
1.1. This policy applies to all Communities Putting Prevention to Work (CPPW) grant funds. By
signing a grant agreement under the CPPW Program, grant recipients agree to the
following project delivery objectives.
Grantee must sign and return the CPPW grant agreement, and all required
insurance documents, to SANDAG within seven (7) calendar days of receiving the
grant agreement from SANDAG_ Only SANDAG's Project Manager may modify
this deadline in a writing delivered to Grantee indicating a revised deadline.
The Project must be completed according to the schedule provided in the grant
agreement, but at the latest, the Project must be complete within ten months following
grant agreement signature or February 1, 2012, whichever comes first. Failure to meet this
deadline may result in revocation of all grant funds not already expended.
1.2. Grant funds made available as a result of this use -it -or -lose -it policy may be awarded to
the next project on the recommended project priority list from the most recent project
selection process, at SANDAG's discretion.
19
20
Grantee: City of National City Grant No. 5001667
ATTACHMENT C
PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS
1. Contact Information: Grantee must provide SANDAG with contact information for the
Grantee's project manager. Grantee must provide SANDAG with updated contact information
in a timely manner if there are any changes to staff assigned.
2. Stakeholder and Community Meetings: Grantee must provide SANDAG with advance
notice (preferably within two (2] weeks) and agendas of all stakeholder and community
meetings, and a meeting summary following each meeting. SANDAG staff may attend any
meetings as appropriate.
3. Performance Monitoring: SANDAG staff may measure the Grantee's Project performance
against stated project objectives, and evaluate the overall CPPW Program. Grantee is
expected to meet with SANDAG staff to identify relevant performance measures and data
sources and provide available data and feedback regarding the Project as appropriate.
20
21
Grantee: City of National City
ATTACHMENT D
SAMPLE INVOICE
Grant No. 5001667
To:
Frrr.1
Gonrrnunilles Purring Prevemion ro Work (1. PPW/ Haal1Ay Works Giant Program Invoice
3AND.AG • County i :f San Diego Brant /1502637 t 5001467/ .1 Catalogue of Federal Domestic Assistance iCFDAi # 03-724
Heather Renm
20tiOA v
a01 S Street, .Suite S00
.pan D;e^{..+:...-::0'I.t7}1
Project Name:
Contract Number:
Grant Invoice Number: e
Name Bilking Perna' FOCM
.aoaress Invoice Dace. DATE
Grant Award:
Balance Remaining
50 Co
50.00
To
TASK
Description of Activities
Completed in the lime
Period
Previous Mince
Current MM DD!VYYY to h1M.
OD/V0VV
Tot I Expenses SANOAG Total Match Spew
Rayons
-
Ram4urstld •-
<
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• TOWI
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;t.Unaurtttl ut-
kontrector •.
;' Cbste
: <
:. nlhe 0oati:
1:kits Invoice
. This invoice
This invoice
: Remalnirig'-.`
1
Insert Took
trtsei Description
$0.00
$0.00
$0.00
50.00
$0.0o
50.00
30A0
30.00
$0.00
so CC
$0.00
50 00
$0.00
$0.00
0000
5000
0000
$0.00
$000
$0.00
$0.00
$0. 00
50.00
S0 00
$0 00
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5000
$0.00
$0.00
50.00
$0.00
30 00
so no
s0. o0
30.00
$o.00
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$0.00
50.00
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50.00
20.00
$0.00
$0.00
t
SO OD
$0 DO
$0.00
12
SO 00
$0 00
30.00
3
50.00
$2.00
30.00
,..
$0.00
$0 00
$0.00
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SO 00
$0.00
30 00
$0.00
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50 00
7
50.00
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n
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$0.00
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21
50.00
$0.00
S0 OO
22
$0.00
&0 00
SO 00
22.
$0.00
50.00
$0.00
$0.00
30 A0
30.00
25
50.00
50.00
00.00
Total
$0.00
$0.00
50.00
50 00
00 eo
so.0o
SO OD
$0.08
1,0.80
30.00
Total Current Expenditures: S0 00
Total Amount Dl a this Invoice: $0.00
Less 1017 Rerenlmn: $0.00
Match / Met In Dote: FDIViOt
21
Grantee: City of National City Grant No. 5001667
Other Costs (Column G)
Describe Expenses:
Project Budget
' SANDAGg
Grant
Match ,
Total
Task 1
Task 2
Task 1
$0.00
S0.00
S0.00
Task 3
Task 2
$0.00
$0.00
50.00
Task 4
Task 3
$0.00
$0.00
SO GO
Task 4
$0.00
$0.00
SO 00
Task 5
S0.00
Task 6
S0.00
Task 7
50.00
Task 8
S0 00
Task 9
S0.00
Task 10
50.00
Task 11
50.00
Task 12
S0.00
Task 13
$0.00
Task 14
S0.00
Task 15
S0.00
Task 16
$0.00
Task 17
S0.00
Task 18
S0.00
Task 19
$0.00
Task 20
S0,00
Task 21
S0.00
Task 22
$0.00
Task 23
$0.00
Task 24
50.00
Task 25
S0.00
TOTAL
$0.00
$0.00
SO 00
Required Match % #DIV'r0i.
Grantee's monthly invoices must include their pro-rata matching fund contribution as reflected in the Approved Project Budget.
CERTIFICATION OF GRANTEE
I hereby certify that the above costs were incurred in performance of the work required under the grant and are consistent with the amounts evidenced by attached supporting documents and
expenditures, including. if applicable, SANDAG-supplied on -call consultant services.
I further certify, under penalty of perjury under the laws of the State of Cafrfornia, that no employee providing services under the terms and conditions of this contract is currently listed on the GSA
Excluded .Parties Listing or the 01G List of Excluded Individuals/Entities.
Signature
Printed Name and Tale Date
22
Grantee: City of National City
EQUIPMENT TRACKING
Grant No. 5001667
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NOTES..
1. Please provide receipts lor any equipment purchased this month.
Grantee's final Project invoice is due to SANDAG by February 15, 2012.
23
Grantee Name:
ATTACHMENT E
CPPW PROGRAM PASS -THROUGH CONTRACT PROVISIONS
Consistent with Section 3, Special Terms and Conditions, of the SANDAG-County Agreement, (5001467)
Grantee agrees to comply with the following provisions:
3.1 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009:
Funding for the SANDAG-County Agreement has been provided through the American Recovery and
Reinvestment Act (ARRA) of 2009, Pub. L. 111-5. All Grantees, including both prime and sub -grantees,
are subject to audit by appropriate federal entities. SANDAG has the right to cancel, terminate, or
suspend the Agreement if any sub -grantee, Grantee or sub -grantee fails to comply with the reporting
and operational requirements contained herein. Grantee shall comply with all provisions and
requirements applicable to contracts funded in whole or in part by ARRA as currently exist as of the
effective date of this Agreement and as may be amended in the future, including, without limitation,
Pub. L. 111-5, Div. A, Title XVI, § 1605 ("Buy American"), Pub. L. 111-5, Div. A, Title XV, § 1515 ("Access
of Offices of Inspector General"), Pub. L. 111-5, Div. A, Title IX, § 902 ("Access of Government
Accountability Office"), and Pub. L. 111-5, Div. A, Title XV, § 1553 ("Whistleblower Protections"), and
any related regulations or guidance, as applicable.
3.2 ENFORCEABILiTY:
Grantee agrees that if Grantee or one of its sub -grantees fails to comply with all applicable federal
requirements governing the use of ARRA funds, may withhold or suspend, in whole or in part,
funds awarded under the program, or recover misspent funds following an audit. This provision is
in addition to all other remedies available to SANDAG under all applicable state and federal laws.
3.3 PROHIBITION ON USE OF ARRA FUNDS:
Grantee agrees, in accordance with ARRA, Section 1604, that none of the funds made available
under this Agreement may be used for any casino or other gambling establishment, aquarium, zoo,
golf course, or swimming pool.
3.4 REQUIRED USE OF AMERICAN IRON, STEEL AND OTHER MANUFACTURED GOODS:
Grantee agrees that in accordance with ARRA, Section 1605, neither Grantee nor its sub -grantees
will use ARRA funds for a project for the construction, alteration, maintenance, or repair of a
public building or public work unless all of the iron, steel and manufactured goods used in the
project are produced in the United States in a manner consistent with United States obligations
under international agreements. The Grantee understands that this requirement may only be
waived by the applicable federal agency in limited situations as set out in ARRA, Section 1605.
Standard Services Agreement
Exhibit E - Grant Requirements and Pass.Through Provisions 24
25
Grantee: City of National City
3.5 WAGE RATE REQUIREMENTS:
In accordance with ARRA, Section 1606, the Grantee assures that it and its sub -grantees shall fully
comply with said Section and notwithstanding any other provision of law and in a manner
consistent with other provisions of ARRA, all laborers and mechanics employed by Grantee or its
sub -grantees on projects funded directly by or assisted in whole or in part by and through the
federal government pursuant to ARRA shall be paid wages at rates not less than those prevailing
on projects of a character similar in the locality as determined by the United States Secretary of
Labor in accordance with Subchapter IV of Chapter 31 of Title 40, United States Code (Davis -Bacon
Act). It is understood that the Secretary of Labor has the authority and functions set forth in
Reorganization Plan Numbered 14 or 1950 (64 Stat. 1267; 5 U.S.C. App.) and Section 3145 of Title
40, United States Code.
3.6 INSPECTION OF RECORDS:
In accordance with ARRA Sections 902, 1514 and 1515, Grantee agrees that it shall permit the State
of California, the United States Comptroller General or his/her representative or the appropriate
Inspector General appointed under Section 3 or 8G of the United States Inspector General Act of
1978 or his/her representative to: (1) examine any records that directly pertain to, and involve
transactions relating to, this Agreement; and (2) interview any officer or employee of Grantee or
any of its sub -grantees regarding the activities funded with funds appropriated or otherwise made
available by the ARRA. Grantee shall include this provision in all of its agreements with its
sub -grantees from whom the Grantee acquires goods or services in its execution of the
ARRA funded work.
3.7 WHISTLEBLOWER PROTECTION:
Grantee agrees that both it and its sub -grantees shall comply with Section 1553 of the ARRA, which
prohibits all non-federal Grantees, including SANDAG, and all Grantees of SANDAG, from
discharging, demoting or otherwise discriminating against an employee for disclosures by the
employee that the employee reasonably believes are evidence of: (1) gross mismanagement of an
agreement relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific
danger to public health or safety related to the implementation or use of ARRA funds; (4) an abuse
of authority related to implementation or use of ARRA funds; or (5) a violation of law, rule, or
regulation related to an agency agreement (including the competition for or negotiation of an
agreement) awarded or issued relating to ARRA funds. Grantee agrees that it and its sub -grantees
shall post notice of the rights and remedies available to employees under Section 1553 of Title XV
of Division A of the ARRA.
Standard Services Agreement
Exhibit E - Grant Requirements and Pass -Through Provisions 25
26
Grantee: City of National City
3.8 FALSE CLAIMS ACT:
Grantee agrees that it shall promptly notify SANDAG, and shall refer to an appropriate federal
inspector general, any credible evidence that a principal, employee, agent, sub -grantee or other
person has committed a false claim under the False Claims Act or has committed a criminal or civil
violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct
involving ARRA funds.
3.9 REPORTING REQUIREMENTS:
Pursuant to Section 1512 of the ARRA, in order for Counties receiving ARRA funds to prepare the
required reports, Grantee agrees to provide SANDAG, and SANDAG will then provide the County,
with the following information on a monthly basis as requested:
3.9.1 The total amount of ARRA funds received by Grantee during the Reporting Period;
3.9.2 The amount of ARRA funds that were expended or obligated during the Reporting Period;
3.9.3 A detailed list of all projects or activities for which ARRA funds were expended or obligated,
including:
3.9.3.1 The name of the project or activity;
3.9.3.2 A description of the project or activity;
3.9.3.3 An evaluation of the completion status of the project or activity; and
3.9.3.4 An estimate of the number of jobs created and/or retained by the project or
activity.
3.9.4 For any sub -awards equal to or greater than $25,000:
1.9.4.1 The name of the entity receiving the sub -award;
1.9.4.2 The amount of the sub -award;
1.9.4.3 The transaction type;
1.9.4.4 The North American Industry Classification System (NAICS) code or Catalog of
Federal Domestic Assistance (CFDA) number;
1.9.4.5 The Program source;
1.9.4.6 An award title descriptive of the purpose of each funding action;
1.9.4.7 The location of the entity receiving the sub -award;
Standard Services Agreement
Exhibit E - Grant Requirements and Pass -Through Provisions 26
27
Grantee: City of National City
1.9.4.8 The primary location of performance under the sub -award, including the city,
state, congressional district and country;
1.9.4.9 The DUNS number, or name and zip code for the'entity headquarters;
1.9.4.10 A unique identifier of the entity receiving the sub -award and the parent entity of
recipient, should the entity be owned by another;
1.9.4.11 The names and total compensation of the five most highly compensated officers
of the company if it received: 1) 80 percent or more of its annual gross revenues in
Federal awards; 2) $25M or more in annual gross revenue from Federal awards
and; 3) if the public does not have access to information about the compensation
of senior executives through periodic reports filed under section 13(a) or 15(d) of
the Securities Exchange Act of 1934 or section 6104 of Internal Revenue Code of
1986.
1.9.5 For any contracts of less than $25,000 or to individuals, the information required above may
be reported in the aggregate and requires the certification of an authorized officer of the
Grantee that the information contained in the report is accurate.
A Monthly ARRA Reporting form, along with instructions to complete this form, are incorporated
herein by this reference in Attachment F. If you have any questions about the Monthly ARRA
Reporting form you may contact SANDAG's Michelle Merino at mme@sandag.orq or (619) 699.5608.
1.10 INVENTIONS.
Grantee shall comply with the standard patent rights clause in 37 CFR 401.14.
1.11 PUBLICATIONS.
Publications, journal articles, etc. produced under this Agreement must bear an acknowledgment
and disclaimer, as appropriate, such as,
This publication (journal article, etc.) was supported by the Cooperative Agreement Number
1 U58DP002496-01 from The Centers for Disease Control and Prevention through the County
of San Diego, Health and Human Services Agency. Its contents are solely the responsibility of
the authors and do not necessarily represent the official views of the Centers for Disease
Control and Prevention.
Standard Services Agreement
Exhibit E - Grant Requirements and Pass -Through Provisions 27
28
Grantee: City of National City
1.12 CONFERENCE DISCLAIMER AND USE OF LOGOS.
1.12.1 Disclaimer.
Where a conference is funded by a grant or cooperative agreement, a subgrant or a
contract, the Grantee must include the following statement on conference materials,
including promotional materials, agenda, and Internet sites:
Funding for this conference was made possible (in part) by the cooperative
agreement award number 1U58DP002496-01 from The Centers for Disease Control
and Prevention. The views expressed in written conference materials or publications
and by speakers and moderators do not necessarily reflect the official policies of the
Department of Health and Human Services, nor does mention of trade names,
commercial practices, or organizations imply endorsement by the U.S. Government.
1.12.2 Logos.
Neither the HHSA nor the CDC logo may be displayed if such display would cause confusion
as to the source of the conference or give the false appearance of government
endorsement. A non-federal entity unauthorized use of the HHSA name or logo is governed
by U.S.C. 1320b-10, which prohibits the misuse of the HHSA name and emblem in written
communication. The appropriate use of the HHSA logo is subject tb the review and approval
of the Office of the Assistant Secretary for Public Affairs (OASPA). Moreover, the Office of
the Inspector General has authority to impose civil monetary penalties for violations (42
C.F.R. Part 1003). Neither the HHSA nor the CDC logo can be used on conference materials,
under a grant, cooperative agreement, contract or co-sponsorship agreement without the
expressed, written consent of either the Project Officer or Grants Management Officer. It is
the responsibility of the Grantee (or recipient of funds under a cooperative agreement) to
request consent for the use of the logo in sufficient detail to assure a complete depiction
and disclosure of all uses of the government logos, and to assure that in all cases of the use
of government logos, the written consent of either the Project Officer or the Grants
Management Officer has been received.
1.13 EQUIPMENT AND PRODUCTS.
To the greatest extent practicable, all equipment and products purchased with CDC funds should
be American -made. CDC defines equipment as tangible non -expendable personal property
(including exempt property) charged directly to an award having a useful life of more than one
year AND an acquisition cost of $5,000 or more per unit.
1.14 TRAFFICKING IN PERSONS.
This Agreement is subject to the requirements of Section 106(g) of the Trafficking Victims
Protection Act of 2000, as amended (22 U.S.C. 7104). For the full text of the award term and
condition, go to
http://www.cdc.gov/od/pgo/funding/grants/Award_Term_and_Condition_for_Traf fisking_i n_Persons.shtm
Standard Services Agreement
Exhibit E - Grant Requirements and Pass•Through Provisions 28
29
Grantee: City of National City
1.15 LOBBYING STATEMENT.
Federal law prohibits award recipients and their subrecipients from using Federal funds for
lobbying Congress or a Federal agency, or to influence legislation or appropriations pending
before the Congress or any State or local legislature. This prohibition includes grants/cooperative
agreements that, in whole or in part, involve conferences for which Federal funds cannot be used
directly or indirectly to encourage participants to lobby or to instruct participants on how to
lobby. Any activity designed to influence action in regard to ,a particular piece of pending
legislation would be considered lobbying. That is, lobbying for or against pending legislation, as
well as indirect or grass roots lobbying efforts by award recipients that are directed at inducing
members of the public to contact their elected representatives at the federal, State, or local levels
to urge support of, or opposition to, pending legislative proposals is prohibited.
Recipients and subrecipients of CDC grants and cooperative agreements need to be careful to
prevent CDC funds from being used to influence or promote pending legislation. With respect to
conferences, public events, publications, and grassroots activities that relate to specific legislation,
recipients and sub -grantees of CDC funds should give close attention to isolating and separating
the appropriate use of CDC funds from non -CDC funds.
CDC also cautions recipients and subrecipients of CDC funds to be careful not to give the
appearance that CDC funds are being used to carry out activities in a manner that is prohibited
under Federal law.
All reported activity under the Project, including Recovery Act reporting, must be activity that is
consistent with federal law.
1.16 DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATIONS.
Grantee shall comply with the following, which are incorporated into this Agreement by
reference:
1.16.1 Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as
amended by Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor Regulations (41 CFR chapter 60).
1.16.2 Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor
regulations (29 CFR Part 3). (Applicable to all contracts and subgrants for construction or
repair).
1.16.3 Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Applicable to construction contracts in excess of $2000 awarded
by Grantees and sub -grantees when required by Federal grant program legislation).
3.16.4 Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Applicable to
construction contracts awarded by Grantees and sub -grantees in excess of $2000, and in
excess of $2500 for other contracts which involve the employment of mechanics or laborers).
Standard Services Agreement
Exhibit E - Grant Requirements and Pass -Through Provisions 29
30
Grantee: City of National City
3.16.5 All applicable standards, orders, or requirements issued under section 306 of the Clean Air
Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order
11738, and Environmental Protection Agency regulations (40 CFR Part 15). (Applicable to
contracts, subcontracts, and subgrants of amounts in excess of $100,000).
3.16.6 Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
3.16.7 Pursuant to the Department of Health and Human Services (HHSA) notice requirements at
45 CFR 92.36(i)(8)-(9), SANDAG hereby notifies the Grantee that HHSA has implemented the
following regulations pertaining to patents, copyrights, and rights in data: 37 CFR 401 and
45 CFR 92.34. Under the Communities Putting Prevention to Work Cooperative Agreement,
HHSA requires the County and SANDAG to submit reports pursuant to Section 1512 of the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, as well as final
performance and financial status reports.
3.16.8 Grantee shall provide access to the County, SANDAG, HHSA, the Comptroller General of the
United States, or any of their duly authorized representatives to any books, documents,
papers, and records of the Grantee which are directly pertinent to that specific contract for
the purpose of making audit, examination, excerpts, and transcriptions.
3.16.9 Grantee shall retain all required records for three years after SANDAG makes final payments
and all other pending matters are closed.
3.16.10 Grantee shall comply with all applicable provisions of 45 CFR Part 92 and with all clauses
required by Federal statute and executive orders and their implementing regulations, as
applicable.
3.16.11 Grantee shall comply with Executive Order 13513. Grantee and its sub -grantees are
prohibited both from texting while driving a Government owned vehicle and/or using
Government furnished electronic equipment while driving any vehicle. Texting means
reading from or entering data into any handheld or other electronic device, including SMS
texting, e-mailing, instant messaging, obtaining navigational information, or engaging in
any other form of electronic data retrieval or electronic data communication. Driving means
operating a motor vehicle on an active roadway with the motor running, including while
temporarily stationary due to traffic, a traffic light, stop sign or otherwise. Driving does not
include operating a motor vehicle with or without the motor running when one has pulled
over to the side of, or off, an active roadway and has halted in a location where one can
safely remain stationary. Grantee is responsible for ensuring that its sub -grantees are aware
of this prohibition and adhere to this prohibition. The requirement may be accessed at:
http://www.cdc.gov/od/pgo/funding/grants/additiona I_req.shtm.
3.1 7 Grantee shall include the provisions of this Section 3 in all agreements with sub -grantees
END OF ARRA PASS -THROUGH PROVISIONS
Standard Services Agreement
Exhibit E - Grant Requirements and Pass -Through Provisions 30
31
Grantee: City of National City
BEGIN PASS -THROUGH PROVISIONS FROM SANDAG-COUNTY GRANT AGREEMENT 5001467
4.2.1 Invoices for Reimbursement.
Grantee shall submit properly executed monthly invoices to SANDAG for reimbursement of allowable
costs associated with the work performed in the prior month. Grantee's monthly invoices shall be
completed and submitted in accordance with this Agreement and shall include a statement certifying
whether it is in compliance with the Debarment and Suspension section of this Agreement.
DEBARMENT AND SUSPENSION (Section 8.12)
As a sub -grantee of federal funds under this Agreement, Grantee certifies that it, its principals,
its employees and its sub -grantees:
8.12.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded fromcovered transactions by any Federal Department or agency.
8.12.2 Have not within a 3-year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for the commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction;
violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
8.12.3 Are not presently indicted or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in the paragraph
above; and
8.12.4 Have not within a 3-year period preceding this Agreement had one or more public transactions
(Federal, State, or local) terminated for cause or default.
Consistent with Section 4.2.2, and Section 11, Audit and Inspection of Records, of the SANDAG-County
Agreement, Grantee/Consultant/Grantee shall maintain supporting documentation of expenses incurred as
follows:
SANDAG shall have the audit and inspection rights described in this section.
11.1 AUDIT AND INSPECTION
Grantee/Consultant/Grantee agrees to maintain and/or make available within San Diego County
accurate books and accounting records relative to all its activities under this Agreement.
Authorized Federal, State or SANDAG representatives shall have the right to monitor, assess, or
evaluate Grantee's performance pursuant to this Agreement, said monitoring, assessments, or
evaluations to include but not limited to audits, inspection of premises, reports, and interviews of
project staff and participants.
At any time during normal business hours and as often as SANDAG may deem necessary, Grantee
shall make available to SANDAG, State or Federal officials for examination all of its records with
respect to all matters covered by this Agreement and will permit SANDAG, State or Federal officials
to audit, examine and make excerpts or transcripts from such records, and to make audits of all
invoices, materials, payrolls, records of personnel, information regarding clients receiving services,
and other data relating to all matters covered by this Agreement.
Standard Services Agreement
Exhibit E - Grant Requirements and Pass -Through Provisions 31
32
Grantee: City of National City
If any services performed hereunder are not in conformity with the specifications and requirements
of this Agreement, SANDAG shall have the right to require the Grantee to perform the services in
conformity with said specifications and requirements at no additional increase in total Agreement
amount. When the services to be performed are of such nature that the difference cannot be
corrected, SANDAG shall have the right to (1) require Grantee immediately to take all necessary
steps to ensure future performance of the services in conformity with requirements of the
Agreement, and (2) reduce the Agreement price to reflect the reduced value of the services
performed. In the event Grantee fails to perform the services promptly or to take necessary steps
to ensure future performance of the service in conformity with the specifications and requirements
of the Agreement, SANDAG shall have the right to either (1) by Agreement or to otherwise have
the services performed in conformity with the Agreement specifications and charge to Grantee any
cost occasioned to SANDAG that is directly related to the performance of such services, or
(2) terminate this Agreement for default as provided in the Termination clause.
11-2 Cost or Pricing Data.
If the Grantee submitted cost or pricing data in connection with the pricing of this Agreement or
any change or modification thereto, unless such pricing was based on adequate price competition,
established catalog or market prices of commercial items sold in substantial quantities of the
general public, or prices set by law or regulation, SANDAG shall have the right to examine all
books, records, documents and other data of the Grantee related to the negotiation pricing or
performance of such Agreement, change or modification, for the purpose of evaluating the
accuracy, completeness and currency of the cost or pricing data submitted.
11.3 Availability.
The materials described above shall be made available at the office of the Grantee. at all
reasonable times, for inspection, audit or reproduction, until the expiration of three (3) years from
the date of final payment under this Agreement, or by section 11.3.1 and 11.3.2. below:
11.3.1 If this Agreement is completely or partially terminated, the records relating to the
work terminated shall be made available for a period of three (3) years from the date of any
resulting final settlement.
11.3.2 Records which relate to appeals under the "Disputes" clause of this Agreement, or
litigation or the settlement of claims arising out of the performance of this Agreement, shall
be made available until such appeals, litigation, or claims have been disposed of, or three
years after Agreement completion, whichever is longer.
SANDAG shall keep the materials described above confidential unless otherwise required by law.
REGARDING PAYMENT
Consistent with Section 4.2.4 of the SANDAG-County Agreement Grantee shall submit
its June 2011 invoices no later than June 30, 2011.
Consistent with Section 4.2.6.1.1 of the SANDAG-County Agreement, unless otherwise set forth in
this paragraph, Grantee shall promptly pay its vendors and sub-grantee(s) for satisfactory
performance under its subcontract(s) to this Agreement. Such prompt payment shall be no later
than thirty (30) days after Grantee receives payment for such services from SANDAG and shall be
paid out of such amounts as are paid to Grantee under this Agreement.
Standard Services Agreement
Exhibit E - Grant Requirements and Pass -Through Provisions 32
33
Grantee: City of National City
Grantee shall include a payment clause conforming to the standards set forth in the preceding
paragraph in each of its subcontracts, and shall require each of its sub -grantees to include such a
clause in their subcontracts with each lower -tier sub -grantee or supplier.
Availability of Funding.
SANDAG's obligation for payment of any Agreement beyond the current fiscal year is contingent
upon the availability of funding from which payment can be made. No legal liability on the part
of SANDAG shall arise for payment beyond June 30 of the calendar year unless funds are
designated by SANDAG and are made available for such performance.
SANDAG shall, in its sole discretion, have the right to terminate or suspend this Agreement or
reduce compensation and service levels proportionately upon thirty (30) days' written notice to
Grantee in the event that Federal, State or County funding for this Agreement ceases or is
reduced prior to the ordinary expiration of the term of this Agreement. In the event of reduction
of funding for the Agreement, SANDAG and Grantee shall meet within ten (10) days of written
notice to renegotiate this Agreement based upon the modified level of funding. In this case if no
Agreement is reached between SANDAG and Grantee within 10 days of the first meeting, either
party shall have the right to terminate this Agreement within ten (10) days written notice of
termination.
In the event of termination of this Agreement in accordance with the terms of this Section,
Grantee shall be entitled to retain all sums paid as of the effective date of such termination,
subject to any payment offset to which SANDAG may be entitled, for damages or otherwise,
under the terms of this Agreement. In the event of termination of this Agreement pursuant to
this Section, in no event shall Grantee be entitled to any loss of profits on the portion of this
Agreement so terminated, or to other compensation, benefits, reimbursements or ancillary
services other than as herein expressly provided.
REGARDING OWNERSHIP, RECORDS AND REPORTS
Consistent with Article 13 of the SANDAG-County Agreement, Grantee shall comply with the
following terms and conditions related to the use of documents and submission of reports.
Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and
any other material or properties produced under this Agreement shall be the sole and exclusive
property of SANDAG, but may be used by the Grantee, its consultants and sub -grantees for
purposes that are consistent with the SANDAG-County Agreement and this Agreement. No such
materials or properties produced in whole or in part under this Agreement shall be subject to
private use, copyright or patent right by Grantee in the United States or in any other country
without the express written consent of SANDAG. SANDAG shall have unrestricted authority to
publish, disclose, distribute and otherwise use, copyright or patent, in whole or in part, any such
reports, studies, data, statistics, forms or other materials or properties produced under this Agree-
ment.
Standard Services Agreement
Exhibit E - Grant Requirements and Pass -Through Provisions 33
34
Grantee: City of National City
Maintenance of Records
Grantee shall retain all required records for three years after SANDAG makes final payments and
all other pending matters are closed.
Reports
Grantee shall submit reports required in Exhibit A, Article 3, by this Agreement, and additional
reports as may be requested by SANDAG and agreed to by the Grantee. The timely submission of
these reports is a necessary and material term and condition of this Agreement and Grantee
agrees that failure to meet specified deadlines will be sufficient cause to withhold payment.
Grantee shall submit to SANDAG within fourteen (14) calendar days of the termination of this
Agreement a report detailing all work done pursuant to this Agreement by Grantee.
REGARDING INSURANCE
Commercial General Liability
All Commercial General Liability policies shall name the County of San Diego, the members of the
Board of Supervisors of the County and the officers, agents, employees and volunteers of the
County, individually and collectively. [See County-SANDAG Agreement 5001467, Exhibit B, Section
4], and SANDAG, its directors, officers, agents, and employees as additional insureds as their
interests may appear. Consultant waives any rights of subrogation against SANDAG, and the
policy form must permit and accept such waiver.
Deductibles / Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to and approved by SANDAG and the
County of San Diego's Risk Manager [See County-SANDAG Agreement 5001467 Exhibit B, Section
3]. If a self -insured retention is used, the policy must be endorsed to allow any insured entity to
satisfy the retention for the purposes of triggering coverage. Consultant shall cause the insurer to
reduce or eliminate such deductibles or self -insured retentions as respects SANDAG, its officers,
officials, employees and volunteers. If Consultant is unable to reduce or eliminate such
deductibles or retentions, Consultant shall provide a financial guarantee satisfactory to SANDAG
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
In accordance with 45 CFR 92.36(e) Grantee shall take the affirmative steps listed therein to assure
that minority firms, women's business enterprises, and labor surplus area firms are used when
possible.
REGARDING EVALUATION
Consistent with Section 7.4 of the County-SANDAG Agreement, Grantee shall work with the
County of San Diego's Evaluation Grantee and the County to conduct evaluation activities related
to their respective projects as required by the CDC and the County.
Standard Services Agreement
Exhibit E - Grant Requirements and Pass -Through Provisions 34
35
Grantee: City of National City
REGARDING MEDIA/MATERIALS/PUBLICATIONS
Consistent with Section 7.2 of the County-SANDAG Agreement, any media/materials/publications
developed by the Grantee with ARRA funds shall be reviewed and approved by the County.
Materials developed (creative source files -in electronic or other media) with ARRA funds are
property of the County. All items developed shall include language detailed in Section 3.11 or
3.12 of these CPPW Grant Requirements, above, as applicable.
1.2.2 Media Communications
1.2.2.2 Grantee shall send all press releases and media events regarding contracted services
to the County for review and approval at least 72 hours in advance. Notification
shall be through both email and telephone call to the County's Contracting Officer's
Technical Representative ("COTR"): Ms. Adrienne Yancey, MPH, Assistant Deputy
Director, Public Health Services 3851 Rosecrans Street, Suite 522 San Diego,
CA 92110-3134 (Phone: (619) 692-8808; e-mail: Adrienne.Yancey@sdcounty.ca.gov).
1.2.2.3 Grantee shall include the County HHSA logo on all media communications, as
determined by the County.
1.2.2.4 Acknowledgement of Federal Support
When issuing statements, press releases, requests for proposals, bid solicitations and
other documents describing projects or programs funded in whole or part with
Federal money, all awardees receiving Federal funds, including and not limited to
State and local governments and recipients of Federal research grants, shall clearly
state:
1.2.2.4.1. The percentage of the total costs of the program or project which will be
financed with Federal money,
1.2.2.4.2. The dollar amount of Federal funds for the project or program, and
1.2.2.4.3. Percentage and dollar amount of the total costs of the project or program
that will be financed by nongovernmental sources.
7.2.3 Grantee shall ensure that all resources, printed materials, media, messages, websites and
advertisements are culturally competent and age appropriate to the target population
that will be reached.
Standard Services Agreement
Exhibit E - Grant Requirements and Pass -Through Provisions 35
36
Grantee: City of National City
NDA G
ATTACHMENT F
40I R Street. :u to 800. San Diego, CA 92101 4271
619-699-1900
AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)
Contractor MONTHLY EMPLOYMENT REPORT
SAt3DAG Pr'4LY
Gent Eeoeral Contract :.i Linn ' Program.�ource Code 4AAS
1 SANDAG + 0rt ac t•i>_r.ner
., To:.ai Original Contract....._
1. Tot.: Payments Receveo to Cate:
6, Pr0IeC Name:
5. '6 CJ',Ci De:Cr:pttc,n
9 Contractor DUNS S
2. Contract Signature Cate
a. iota: An efldeo Contract Ira;+ E-
7. 5-6 Complete.
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17 Report ;tan Date'
State' Zip + 4
19. BRIEFLY :DESCRIBE THE
TYPES •_)F NEW JCRS CREATED
THIS REPORTING PERIOD AS A
-RESL LT OF THIS AWARD:
15. Report Ind Gate:
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22. 9 of Employee Hours
23. Total Fay: ci; Paid to Employees
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Standard Services Agreement
Exhibit E - Grant Requirements and Pass -Through Provisions 36
25. Teiepho`e:
37
Grantee: City of National City
401 B Street. Suite 800, an Diego, CA 92101-4231 LEEt11, RECryti!C1ZY.r:+. t' TIGER
GE.
INSTRUCTIONS FOR COMPLETING ARRA CONTRACTOR MONTHLY EMPLOYMENT REPORT
This rower is to be completed nronridy by the Prime Cann'acior on the referenced agreement
Reported c'ara irxardes ali 5'rrbcon0''aclor anp?onnea: and payroll in1'$771;ar:an
The• report is to be fire. d to the.S:dND.-i GResident Engineer (RE) no liner than dre 5rb calendar dam of ;he month joi)osing the Reporr End Date.
BOX 1 Tfie Contras : Grant; mots Number assigned to the agreement between the prime contractor and SANDAG
BOX 2: The Can0ad Signature Date
BOX 3: Total Original r:ontra:a value - Maximum value of the contract when first executed
BOX 4: Total Contract Value inctudina amendment; to cast up to the reporting end date.
BOX S: Total Payments prime contractor has received from SANDAL for this project as of the reporting end date
BOX 6: Project Name - i.e. -.Automated Fare Collection -
BOX 7: >is of the project completed as of end date of the current reporting period
BOX 8: Brief description of the project - i e-Gualcomm Stadium Station PCIO Installtion-
BOX 9: DUNS number of the prime contractor
BOX 10: The Central Contractor Registration number issued through hapsi/-. oe..bpn.gao:rccridefault.aspx.
Required for all businesses and individuals receiving Recovery funding.
BOX 11: Zip Code for the he3dquarers of the prime contracar.
BOX 12: Congressional District in which the headquarters of the prime contractor reside.
BOX 13: The Business Name o` the prime contractor as reflected in your CCR registration.
BOX 14: 5hvv:ical Location where most of she work will be done on this contract.
BOX 15: Conoresslosal District of the Project Location.
BOX 16: NAICS Codes ::which apply to this project
BOX 17: Start Date of the Reporting Period - should always be the first day of the month being reported except initial reoors :•thich bearn;
on the contract start daze.
BOX 18: Last date of the Reporting perad - last date of the month being reported except final report which ends when the award money
has been expended.
BOX 19: Brier description o': the new jobs created with the award funds.
BOX 20: This_ cable reflects the total jobs, hours, and dollars expended in ARRA projects.
Prime contrcors will use. the Prime ro'A' to report empicgment data specific to their business.
Prime contractart will total she employment data for ail subcontractors on the contract and raver the data into the row ia5eled Sub(si.
BOX 21: Enter the number of employees 'funded by this award durino the reparting period.
Eater as Tull Time Equivalent (=5E1 amounts - i.e. 2 full time employees = 2. One halt time employee = 5.
2 Full time, one half time, one quarter time = 2.75
BOX 22: Enter the total hours of employees;aid by the contractor for this project during the reporting period.
An FTE - 40 per week attributed to work funded by this award:
If a payroll period is split between months, adjust repot•, to reflect payments made within the reporting month and carryover remaining
hours to the falfos-ving month report
BOX 23: Enter the total payroll 5, paid to the employees reported in box 20 and "nor hours repored in box 21
If a payroll period is split between months, adjust report to reflex;-t payments made within the reporting month and carryover remaining
payrc?I amount :o the `olla.vino month report.
BOX 24: Sum: ci Prime and Sub amounts for each category.
BOX 25-28: Repenting person insets their contact information and verifies as to report accuracy via signature.
Standard Services Agreement
Exhibit E - Grant Requirements and Pass -Through Provisions 37
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