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HomeMy WebLinkAbout2011 CON SANDAG - Communities Putting Prevention To Work (CPPW)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 /% th day of wt.Ca- , 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. 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. 2 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 - It -or -Lose -It 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 3 Grantee: City of National City Grant No. 5001667 Approved Project Budget includes CPPW Assistance in the amount of $30,000 and matching funds from the Grantee in the amount of $10,000, for a total Project budget of $40,000. SANDAG will pay Alta Planning + Design up to $21,950 directly from CPPW Assistance grant funds upon approval of consultant's invoice by the Grantee and SANDAG. Contingent upon the Grantee's satisfactory Project performance, SANDAG will pay Grantee the balance of the CPPW Assistance ($8,050) as outlined in the Scope of Work. 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 including 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, 4 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 5 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. 6 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, 7 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 8 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 not 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 not 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. 9 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. 10 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 closed 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 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 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 shall 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 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 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. 1 U58DP002496-01 (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. Severability 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. Grantee: City of National City Section 19. Signatures Grant No. 5001667 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 op," 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 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 52,920 $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. 7111-8/11 $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 (up to 10 trainings). 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 i $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 1 75% GRANTEE MATCH AMOUNT $10,000 1 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 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 Grantee: City of National City ATTACHMENT D SAMPLE INVOICE Grant No. 5001667 Tc: Fro Gomm unhles Puittng Prevcmion m Work jCPPWW Healthy Works" Grant Pt OW Hrvolce 2ANDe :warty or San Diego Grant €53 037 ;502467; 0 ra' r , tie. of Feoa ar Drnmesik Asalsracce (CF : 0:r3 724 Heather Ream alJ� =3 a�1 "tree*., Su, WO Son Gzge. CA 9210 i-d201 Name tire, Project Name: C_onrracl Number: Grant Invoice Warner 0 Eri:liny Pexkd. F:Z3'. Invoice Dave. GATE Grant Award: Balance Remaining SG GO $0 AO TASK DeSCOiStl on of Activities Completed in the Time Period Previous Rahn u0 Curnnr A9Ml00IYYY ter A9M.DC}YYYO Tetel Experts," SANOAG Total Hatch Speer Balance I Remdrrnsil at TMaI StaR'O030 n.ortwroar as , Ca+rracibr Coats VAher cots Thlsinvntag Ttk01nvelte TNis Nrwolur Rernelati t Insert Task set ❑0ecr,p ml 30 0. 3,0 00 56.0G 9+7..G 30.001 30 10 3D 00 SD 00 5300 S=`...GO $C.DO SO 00 SO GC SC GC 5:=:O,C v 10 ii. BD SO 30 30 00 SD nr I $,;,.HOC SG.v0 SG DC sG £JO. SO DC 5 a- OO 30.00 e DO s, 5I:.ad. SOW SO 00 a+a 00 3,', 20 50.30 50.00 %..0 0 S0 00 5 30 00 : 512:.00 a0.00 S0 00p' 3!:.i10 30.00 a :See CC S,A J0 30 00 ,2 SO 00 3P,.Ott: , ISvO..00 ;.3 S0.0 5d0. 7C 30 00 r» SD DO SO 00l SD 00 SO 00 Sc as $o D0 „ 39.00 S0 O: SO DO t 7 30 OD SG 00 Sr2DU 50 60 SD DC- SD SO 00: SG .3, 35. DO _ So.crc 30, VG 30 a0 21 30 00 $ys 00: 3D DC _2 SD ti'0 3G 0C 3u DC 23 30.00 $G.00. 3:0.00 24.,!. c,0 3, Dv 30 DC 25 3i.OG ,F,. 0G TO00 Total 05 50 SO a70 S!J.JIi S0 00 $0 00 SO OD S6. 00 $>r .00 $0 3`t 57 00 Total Current Expenditures: S,J CC Total Amount Dt a this Invoice: 50.00 LESS 70% Reten110r, 30.05 Match b Mei to Dale: 0Dll9pl 21 Grantee: City of National City Grant No. 5001667 Other Costs (Column G) Describe Expenses: Project Budget SANDAGi - Cirant Match : Totat Task 1 Task 2 Task 1 5000 3000 $0_00 Task 3 Task 2 50.00 50.00 50.00 Task 4 Task 3 50.00 50.00 50.00 1-3Sil 4 50 90 50 00 50.00 Task 5 50.00 Task 6 50.00 Task 7 50.00 Task 9 50:00 Task 9 50.00 Task 10 $0:00 Task 11 50.00 Task 12 $0.00 Task 13 50.00 Task 14 50.00 Task 15 50.00 Task 16 50:00 Task 17 50.00 Task 18 50:00 Task 19 50.00 Task 20 50.00 Task 21 50-00 Task 22 50:00 Task 23 50.00 Task 24 50.00 Task 25 50.00 TOTAL SO. 4 Sys CO 40.00 Required'. A latch % ADIV/0! 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 gram and are consistent with the amourds evidenced by attached supporting docurnents and ,expenddures, inckding, If applicable, SANOAG-supplied os.cail consultant services. further certify, under penalty 0i perjury under the laws of the State of California, that no employee providng services under t terms and conditions of this contract is currently fisted on the GSA ,Excluded Parties Listing or the OIG List of Exclu7ed individuatslEn hies. Signature Printed Name and Title pate 22 Grantee: City of National City EQUIPMENT TRACKING Grant No. 5001667 NOTES: f. Please Provide receipts for any ^tlidprnent purchased ihix 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 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 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 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 Tess 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@sandatorg 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 Provision 27 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 to 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 httpi/www.cdc.gov/od/pgo/tunding/grants/Award Term and_Condition_for_Trafficking_in_Persons.shtm Standard Services Agreement Exhibit E - Grant Requirements and Pass -Through Provisions 28 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 F - Grant Requirements and Pass -Through Provisions 29 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/additional req.shtm. 3.17 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 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 from covered 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 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 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 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 reteiiiions 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 Grantee: City of National City REGARDING MEDIAIMATERIALS/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 Grantee: City of National City D4G ATTACHMENT 401 !w »» , Diego, CA em= 1 619-699-1900 RECOVER 2« AM ERICA N RECOVERY AND REINVESTMENT ACT (ARRA) Contractor MONTHLY EMPLOYMENT REPO 2. tantract 5,ignature .Ate 3 TotalOriginal ConiDa« r :Total Faymen5.5 « sCale: :FroleM e: eProject D x *TotsP Amended zsComplete: aid®Cf r Contramor z Namie «: v. ,ple,ce of re rorriiiarrei s F cr Co v a 12 t =rC,gr CS 1,3r[ r x :m, THE rypEs s,EW S CREATED »» G PF;908 AS RESULT OF THFS AWARD: State s xlaEmployees 124 Em » : » Total — «Bid totmployeen 24. Total: 26Signature: » Telephone: Standard Services Agreement Exhibit cGrant Requirements ,m Pass-Throughma_, 36 Grantee: City of National City SANDAL 4CT B Street, St_ie BOO, San Diego, CA 92101-4731 :Twee 6196'k3-1900 LRY., .; TtGErit INSTRUCTIONS FOR COMPLETING ARRA CONTRACTOR MONTHLY EMPLOYMENT REPORT s to be compiatzG',rtc; Red data encludes a%! ire CCA17717'ifrP oYt File it -e'vc d ag on:_v oc:memr and p n rote Alt tre The ',port ,s to be fined to the .SA:SDA G Resident Engineer 1RE1 no Teter than the 5th calendar dill of the month folivoi ag the Report End ;mete. 60X 1. The Contract Glen;; 1205 tdumfue. „9 ied to?he a7reorrent between the r:ume cont actorarid StANDCirn BOX 2: The Contract SignMpie Date 80X 3: Total Olirviral r u_ tract "vacua ➢riaximum value of the CDC,act when first executed BOX 4 total Contract Value nctudinc amendments to cost up to the reportir,.g end date. BOX 4 Total P=.r,3r--cnt: or+me cor2rados has received 'rcta SANDAria for this prosecs as cif the <0Lar irtg end date. BOX 6: FittaXenii PeatrrC - ir. "A tolr•3ied Fare Collection' BOX 7: :, of the project -ornpre€ed as of end date of the CVO' repot/Mg pentad BOX 8: Brief de.c introit of the project -;.e. "Qt ateomm Star -Dam Station 51 10 matalit ch- BOX 9: DUNS, number of the prime car tractor BOX 10: Nitre Central s .tr'sactar Registration number sue„ through rttpsilanaaa hello+red for a i businesses and individuals receiving Recovery ;taidrg. BOX i t: Zip Code far the headgrarer n' the prime contrachr. BOX 12: Congressional Dome:. in which the headqurrrers of the prime cantracto :BOX 13: The Business Name of tine prime contractor as reflected in your Cc8 leg BOX 14: 0hes•'cai Locution where rove of the work *iti he done on this c.n rar1 Net. vlca'defaultaspx. BOX 15i Congressional piston- of the Project Lcce.:tiion. BOX 16: Nc"•IC°. Codes tthich.aoply to this protect BOX 17: Start Does at the Reporting Period - should a ,rags .,e the fva day of fhe month being reported except initial re;)of 'urh he ins on, tkse contract start date - BOX 18- Last lass ot the Reporting dried - ta:t dale of the month being reported e:,ce.and money has been expended. BOX19: 8ne1 description o` the re,. jobs trey ed v:n.h the andi'd funds BOX 20: Tnis. table r. hots the total robs. two,rt anti di Izr. expended in AP -A. or or n:e c.^ntrnc.nn, ;Nil use the Parr-e rov, to report er-p.oyrnent data speciTic to heir' bus€Tess. Pir .e CCitr"r ,ter s .pia totidi the employment data fora 1 subcontractors nn ice contract and tart the dz : - to the r.,w lateled Si .'.;=.i BOX 21: Enter the thorn hen of enapicayees, funded by this award during the rarcrra9 period Ea -et as. Full Time E9ui• aterM rFTEi arruan - i.e. 2 Nall Ione employees 2 erne half time errei.o}'ee - S 2'-0 tine, one half time, one quarter thine = 2.75 BOX 22: Enter the teal hours of eimpleyees :paid by the contactor `or this project d' An FTE = 40 per Week attrr:;.ated In'oork funded by this award. E+ a payroll pe- oo is split between months.adjust report :o reflect payments r*,atie hours to the toilori:,no month reooht BOX 23: Ente, he tonal potreir `a paid .0 the nit thyees reported l.. .z P r _„a for hce:c ff a payroll period in sp1t henoleer; me nit,.. . dost reoor to reflect payments mHa pay r cid ante ra t ,3 th-2 iulw s iu;1 srzexrth repro r BOX 24: Seth hi` Fume and Saban -loons:. fore_ h category ;arced in bon:. 21. ls the r._0ariie9 BOX 25-28: Repo' nd certifie.s as. to report accuracy vita signet Standard Services Agreement Exhibit E - GI ant Requirements and Pass -Through Provisions 37 del cis tle er1 rat arI Carrycive re1SG RESOLUTION NO. 2011 — 115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING COMMUNITIES PUTTING PREVENTION TO WORK GRANT AGREEMENT 5001667 BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF NATIONAL CITY FOR THE NATIONAL CITY SAFE ROUTES TO SCHOOL EDUCATION AND ENCOURAGEMENT INITIATIVE WHEREAS, on February 1, 2011, the City Council adopted Resolution No. 2011- 10, approving submittal of a $30,000 Communities Putting Prevention to Work ("CPPW") grant application, commitment of $10,000 in matching funds, and approval to enter into an agreement with San Diego Association of Governments ("SANDAG") should funding be awarded; and WHEREAS, on March 25, 2011, SANDAG's Board of Directors authorized $30,000 in CPPW funds for the National City Safe Routes to School Education and Encouragement Initiative, which requires matching funds in the amount of $10,000 that are available through the Tax Increment Fund; and WHEREAS, to meet the grant funding requirements, Mayor Morrison executed CPPW Grant Agreement 5001667 on May 19, 2011, which was substantially similar to the draft grant agreement approved on February 1, 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies 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. Said Grant Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of June, 20 on Morrison, Mayor ATTEST: /' Michael R. Della, City Clerk Passed and adopted by the Council of the City of National City, California, on June 7, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City C erk of the ity of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-115 of the City of National City, California, passed and adopted by the Council of said City on June 7, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 7, 2011 AGENDA ITEM NO. 13 .TEM TITLE: Resolution of the City Council of the City of National City ratifying the Mayor's execution of Communities Putting Prevention to Work (CPPW) Grant Agreement 5001667 between SANDAG and the City of National City for the National City Safe Routes to School Education and Encouragement Initiative ($30,000 CPPW grant; $10,000 required grant match available through Tax Increment Fund) PREPARED BY: Stephen Manganiello, Traffic Engineer1l.2 DEPARTMENT: Developmen - ices / PHONE: 619-336-4382 APPROVED BY: E EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. 296-406-226-XXX-0000: $30,000 (CPPW Grant) 511-406-226-XXX-0000: $10,000 (Tax Increment Fund) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: 41,1 Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation 2. Resolution 3. Grant Agreement P, `- 0LUTV- �k5