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HomeMy WebLinkAbout2011/09/13 Item 06CITY COUNCIL A STATEMENT `~~~~ CITY OF CHULA VISTA SEPTEMBER 13, 2011, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING GRANT REQUIREMENTS OF SANDAG TO IMPLEMENT A MULTI- YEAR COASTAL CACTUS WREN HABITAT RESTORATION PROGRAM WITHIN THE CHULA VISTA OTAY RANCH PRESERVE MANAGEMENT AREA, AUTHORIZING ACCEPTANCE OF THE GRANT FUNDING SHOULD IT BE AWARDED FROM SANDAG, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WIT ANDAG SUBMTTTED BY: ASSISTANT CITY MANAG EVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY MANAG 4/STHS VOTE: YES ~ NO ~X SUMMARY On March 14, 2011, the San Diego Association of Governments (SANDAG) issued a request for proposals (RFP) for grant funding under the TransNet Environmental Mitigation Program (EMP) to support environmental land management projects. The City prepared and submitted a grant proposal to fund amulti-year land management program to restore and enhance degraded Coastal cactus wren habitat within the City's Otay Ranch Preserve Management Area (Otay Ranch Preserve), particularly within Salt Creek Canyon. On July 12, 2011, the EMP Working Group approved a list of projects, including Chula Vista's, to be considered for funding by SANDAG's Regional Planning Committee. In accordance with the SANDAG's selection process, to be considered eligible for grant funding, grant applicants are required to provide SANDAG with a resolution accepting grant funding, if awarded, acknowledging the City's commitment to provide matching funds through in-kind services, and authorizing subsequent execution of SANDAGs standard grant agreement. Tonight's actions would ratify and approve the grant application for TransNet funding, authorize staff to accept the requested grant funds, if awarded, acknowledge the City's commitment to providing matching funds through in-kind services, and execute a grant agreement between SANDAG and the Ciry to implement the project. 6-1 SEPTEMBER 13, 2011, Item (y Page 2 of 4 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 4 Categorical Exemption pursuant to Section 15304(d) (Minor Alterations to Land) of the State CEQA Guidelines. Consistent with Section 15304(d), the proposed project involves minor alterations in lands within an existing officially designated wildlife management area (i.e., Otay Ranch Preserve) for purposes of improving existing wildlife habitat and resources. Thus, no further environmental review is necessary. RECOMMENDATION Staff recommends that City Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION SANDAG TransNet EMP Grant Fundin In November 2004, the voters of San Diego County approved the TransNet Extension Ordinance 04-01 and Expenditure Plan, including an EMP. The EMP is a funding allocation category for the costs to mitigate habitat impacts for regional transportation projects. The EMP is a unique component of the TransNet Extension in that it goes beyond traditional mitigation for transportation projects by including a funding allocation for habitat acquisition, management, and monitoring activities as needed to help implement regional habitat conservation plans. In January 2011, the SANDAG Board of Directors approved land management and monitoring activities and a budget of $1.9 million for projects promoting invasive species control and restoration, specific management for at risk species, and general activities such as habitat maintenance, access management, and the coordination of volunteers. 2011 SANDAG RFP and Chula Vista's Proposal In March 2011, SANDAG issued an RFP from entities wishing to apply for a portion of TransNet funds for the use of environmental land management projects. A copy of the RFP is provided as Attachment 1 to this staff report. On June 13, 2011, the City submitted a grant proposal requesting grant funds to support a multi-year land management program to restore and enhance degraded Coastal cactus wren habitat within the City's Otay Ranch Preserve, particularly within Salt Creek Canyon. A summary of the City's grant proposal and requested funding amount is provided below: 6-2 SEPTEMBER 13, 2011, Item Page 3 of 4 Restoring and Enhancing Degraded Coastal Cactus Wren Habitat within Salt Creek Canyon, Otay Ranch Preserve The proposed project consists of aspecies-specific land management program focused on restoring and enhancing degraded habitat for the Coastal cactus wren, a Chula Vista Multiple Species Conservation Program (MSCP) Covered Species. This proposal was developed to address the immediate needs of this species in the Otay Ranch Preserve, specifically within Salt Creek Canyon where loss and degradation of existing wren habitat has occurred due to historical cattle grazing, increase of invasive plant species, unauthorized off-road vehicle use, drought and vegetation succession processes. Activities included in this multi-year program include invasives species control with follow-up herbicide treatments, propagation of coast cholla and coast prickly pear cuttings, propagation of Mexican elderberry and focused cactus wren monitoring. The grant amount requested to retain a qualified biological consultant to implement this proposal is $182,282 and would provide up to 3-yeazs of funding. Staff will select a qualified biological consultant to implement this project in accordance with the City's formal competitive bid procedures set forth in Chula Vista Municipal Code (CVMC) 2.56.070. Attachment 2 contains the City's grant proposal. Pending Grant Award and Eligibility Requirements On July 12, 2011 the EMP Working Group approved a list of projects to be considered for funding by SANDAG's Regional Planning Committee. The City's proposal was included on the list of projects recommend for Trasnet funding. To be considered eligible for grant funding, the City is now required to provide SANDAG with a resolution authorizing City acceptance of the requested grant funds, if awarded, and execution of SANDAG's standard grant agreement. The City's grant proposal included matching funds through the use of in-kind resources, more specifically, through the use of City staff time. City staff will be utilized to implement the proposed project and administer the consultant contract. City staff time for this project, and all MSCP related projects, is assured due to the City's obligation to implement the provisions of the Chula Vista MSCP Subarea Plan and the associated MSCP implementing ordinances. This obligation is pursuant to the Implementing Agreement between the U.S. Fish and Wildlife Service, the California Department of Fish and Game, and the City of Chula Vista. Consistent with SANDAG's grant requirements, the City is also required to include a statement in the resolution assuring the City's commitment to provide matching funds through in-kind City services. Applicants that do not provide the required resolution to SANDAG by September 15, 2011 may not be eligible for grant funding. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundary of the property, which is the subject of these actions. 6-3 SEPTEMBER 13, 2011, Item Page 4 of 4 CURRENT YEAR FISCAL IMPACT There is no current fiscal year impact. Staff time associated with the grant application and preparation of any consulting contracts, if the grant is awazded, is within the adopted Development Services Departrnent budget. Pursuant to the timeframe specified in the grant application, implementation of the program is not scheduled to commence until August 2012. ONGOING FISCAL IMPACT The $182,282 in grant funds would be sufficient to cover costs for a biological consultant to perform the necessary habitat restoration and provide routine maintenance and monitoring activities. If the grant funds aze awarded, a sepazate contract will be brought to the City Council for consideration. Payment for invoices received from the biological consultant will be paid directly from grant funds provided by SANDAG. Therefore, no appropriation of funds from the General Fund is required to cover biological consultant services. If the grant funds are awazded, appropriation of funds will be added to the Fiscal Year (FY) 2012-13 CIP Program. The cost of City staff time for three years of project management is anticipated to be $21,810. This time will be provided by City staff whose costs are projected and will be included in the proposed FY 2012-13 budget, and future budgets for the Development Services Department. A breakdown of expected costs per year is provided in Attachment 2. The City is not obligated to continue to implement restoration and enhancement once the grant funds have been expended. ATTACHMENTS 1. SANDAG Request for Proposals, March 14, 2011 2. Coastal Cactus Wren Habitat Restoration Grant Proposal for 2010/2011 SANDAG Land Management Funding Prepared by: Glen Laube, Associate Planner, Advanced Planning J: IPlanninglGLaubeIMSCPIGRANTsISANDAG Tnetlll-12_SaltCreek12011_T- net Resosl2ndDraft_A113_RESOIAgSt4WrenGrant-8-25-11_2ndDraft.dac 6-4 ~~~~~ ~~ 401 BStreet Su1te 800 March 14, 2011 _ San Diego, CA 92 101-4231 (679) 699-7900 Fax (619J 699-1905 TO: Intefested Land OWnefS and Land Managers wwwsandag.org 'fir FROM: `. Charles."MUggs Stoll, Director of Land Use and Traisportat'r"ori Planning SUBIECT:' FY 1 t FUNDING FOR LAND MANAGEMENT PROIECT5 MEMBER AGENUES - citiesof: On_January 2B, 201:1!; the SANDAL Board of Directors approved a competitive car/s6ad grant process to. solicit land management proposals to help implement the cnwa~:ra regional. habitat conservation planning efforts. The.SANDAG Board allocated Coronado $1.95 million of 7ransNet Environmental'. Mitigation Program. funds fore. land Del Mar management.. ..projects that. promote: (1J Invasive Control. and Habitat El ca/on Restoration; (2) Species-Specific Management; and (3) Habitat Maintenance, f°°n~tas Access:Control/Management, and Volunteer Coordination. - Esrondidn Imperial Beach Attached'to 3his memo are the program description; eligible activities; processfbr [a Mesa Lemon Grove allocating funds, schedule, eligibility and weighting criteria (Attachment 1); and an Nandnal city ' application form (Attachment'2):In addition, a standardized contract agreement aeanside and invoicing template is provided for your information (Attachment 3). Your Poway organization will be'required to"enter into aYontract. and use the invoice template son Diego if your project is selected for funding by the SANDAL board of Directors. Note that sanMaicds "all organizations that require a_Board action to accept funds will be required to sanree provide a resolution two weeksprior to SANDAL policy committee act~orconShis Solana Beach grant program, tentatively scheduled in September 2011. Vista and The Grant Submission application and supporting material are due to County of5an Diego SANDAL by4 p.m. on June 13, 2071. A. pre-proposal meeting. will be held on April12, 2077, from 7 p.m. to 3 p.m, in SANDAL Room 7ato address ADVISORY MEMBEFS any questions from, applicants. Imperial County ` Califdmta Department The grant proposal must be submitted by the land owner or representative that of rransporraripn has legal authority. to manage the property. See' Attachmenfl for more Metropolitan information'.on submittal requirements. Transit System Please mail the required signed hard copy and LD to SANDAL, located at Abrchcounry nansir Dlsrricr 401 B. Street; Suite 800, San Diego, CA 92101, Attn:Keith Greer; by the. deadline listed aboves For moreinformation, please call Keith Greer at (619)'899-7390. unwed stare: Department of De/enm '. Attachments: L EMPFY 2010 Land Management Grant Program-0verview and San Diego Unified Pon District - - I n5tf UCtIOnS 2. Grant Submission Form' son Diego County ' W A h i t 3. Standard A reement and lnvoiceTem late g p - a er ut or ty Southern Califomta Tribal Chairmen's Association Mexico 6-5 San Diego Association of Governments ENVIRONMENTAL MRIGATION PROGRAM (EMP) FY 2011 LAND MANAGEMENT GRANTS PROGRAM OVERVIEW AND INSTRUCTIONS Program Description The TransNet Extension Ortlinance and Expenditure Plan,. asapproverl by the voters on November 2, 2004, includer an Environmental Mitigation Program (EMP). The EMP is a funding allocation category for the costs to mitigate habitat impacts for regional transportation projects. The EMP is a unique component of the TransNet Extension in that it goes beyond traditional mitigation for transportation projects by including a funding allocation for habitat acquisition, management, and monitoring activities as needed to help mplementregonalhobitat conservation plans. On' January°28; 2011, the SANDAG Board-of Directors approved land management'and_monitoring activities and a budget foc FY 2011. The Board= approved $1.95 million for land management projects related to: (7) Invasive Control 'and Habitat Restoration ($950;000); (2) Species-Specific Management ($650,000); and (3) Habitat Maintenance, Access. Control/Management and Volunteer Coordination ($350,000), Eligible>Projects SANDAG' has allocated $1.95 million to address invasive species control and restoration,: specific management foE' at-risk species, rand general land management.'. activities. such as habitat maintenance, access management, and the coordination of volunteers. It is envisioned that the $1.95 million would 6e part of a multi-year strategic approach that includes oneor more of the following activities6as approved by the SANDAG Board of Directors on January 28, 20fT: 1, Invasive Contro/ and Habitat Restoration {maximum funding for this eligible activity $950,000) -Projects: that reduce existing or emerging invasive .species that threaten endangered andlor other sensitive species AND that engage in active habitat-restoration on degraded habitat lands'. to promote recovery of native vegetation communities and/or threatened, endangered, and other sensitive species habitat. Projects tFat focus on the following vegetation communities will be given the highest priority for fundnge a. Grasslands. 6. Maritime succulenfscrub/Coastal bluff scrub'.' c. CoastalsageScru6 d. Riparianand Inland',aquaticsy3tems, inducting vernal pools 2; Species-SpeciflrManagement (maxlmumfunding;for thiseligible activity $6s0,000): Projects that focus on managing pecies at risk of extirpation to species covered under the regional habitat conservation plans,.. generally by identifying and reducing threats, and hat include monitoring io demonstrate-success at ihcreasing,or stabilizing populations. Pursuant to a regional assessmentof monitoring efforts conducted in 2010, the following species have been: determined to be the highest at-risk species in the region where land management activities could benefit existing populations.. Projects thaYfoNs on the following'specieswiIl be given the highest priority for funding: 6-6 a: Western pond turtle 6. Coastal callus wren c. GoldenEagle d. Nuttall's lotus e. San Diego ambrosia f. San Diego thornmint, g, Short•leaveddudleya h. Sticky dudleya i. Orcutt's spineflower 3. Habitat Maintenance, Access Control/Management and Volunteer Coordination (maximum funding"for this eligible activity $35Q000) -Regular day-to-day habitat maintenance,.management of public usecombinedwith monitoring of effects onspeciesand habitats, and the coordination of volunteer programs to implement management actions. This includes signage (both interpretive and cautionary); educatiorr, erosion control, culvert maintenance, fencing, patrolling public use, costs related to volunteer coordination; law. enforcement, and efforts to remove garbage in existing preserve systems to allow habitat. areas totecover. Eligible projects also include data collection/monitoring to: a. Determine the effects of public use on species andbegetation communities b. Track types, quantity, and seasonality of public use c. Assess areas for compatible public use prior to allowing access Process for Allocating the Funds SANDAGwill :accept project proposals from land managers in San Diego County that will benefit regional conservation planning under the Natural Communities Conservation Planning Program. The applicant must--.own the land, or 6e designated to manage the land by the land owner. by contract. or other written farm of legal documentation. The land must be conserved as open space for natural resources. Representatives of the land owner and land manager must be'identified on the applicatian farm and be authorized in writing to enter into a contract agreement with SANDAG; A lead entity needs to be identified in. the application. SANDAG will only enter into'an Aareement with'that lead entiNS. t2 oaaes: Applicant:will identify on the proposal whith eligible: activity area they are applying under';'The proposal will include the purpose of the'projed„the scope of work, timeline, and costs. Applicants must clearly identify their proposed tasks in the scope of work, funding requested for each task, start and` end dates of the tasks, and deliverables::. Applicants are encouraged to identify phasing in their proposal in case full-funding for the project is not available.. ' The .applicant should choose one of aFree eligible. activities that best characterizes their project for consideration under this grant program even ifthe proposed project could be considered under morethan one of the eligible activities 6-~ All project proposals will be reviewed for eligibility, ranked, and prioritized as described below. A list of recommended projects will be submitted for consideration to the Environmental Mitigation Program (EMP) Working Group and the Regional Planning Committee (RPC), andthe projects are subject to approval by the SANDAG Board of Directors. Statcessful applicants will then be required to enter into an agreement with SANDAG. for grant funding shown inAttachment 4. Successful applicants will be required tosubmit quarterly.. reports on their progress. and a final summary report of the project's contribution to promote habitat conservation in the region along with the final invoice. Who Will Score The Projects? An evaluation committee will be made up of EMP' Working Group members and/orother qualified individuals who do not have,an_affiliation with any of the proposed projects. The committee will include. people with knowledge of the regional preserve system and land management: Timing,and,Use of funding, that do not start within one year of the awarded grant agreement's execution, will be at risk of losing theik#unding pursuant to SANDAG Board Policy No. 035, Competitive rant Program Procedures. Projects will only lie funded for a maximum of three years initially. submittal Requirements and Application Deadline.. One (1),signed hardcopy of the grant proposal and one (t)' copy on a disc as a PDF file shall be' submitted. Proposals submitted by facsimile ore-mail are not acceptable: and will riot be considered. The grant' proposal must be submitted by the land owner or representative that has legal authority-to manage the property. Proposer is responsible focsubmitting its entire proposal package with all required submittal documents and any modifications. or revisions, so as to reach SANDAG's office as designated in the RFP by the time specified below, Any proposal, modification, or revision received. by SANDAG after the exact time specified for receipt of proposals isl ±'late" and will not be. considered unless.'it is received before award is made, and the Chief Deputy Executive Director determines that accepting the late proposal would not unduly!delay the procurement process; and: (1) The proposal'was received with all required submittal documents, by SANDAG before proposals were distributed for evaluation or within 24 hours after the exact time specified for receipt,. whichever is earlier, or (2) There is acceptable evidence. to ,establish thaf the proposalwas received,. with. all required submittal documents, at the SANDAG location designated for receipt of proposals and was under SANDAG's control prior to the time set for receipt of'proposals; or (3)'. There is acceptable evidence to establish that theprbposer submitted its proposal, with all requjred submittal documents, to a tfiird-party carrier for guaranteed delivery to SANDAG by the specified "Closing Time/Date" written below, however, due to an unforeseen event beyond 6-$ the proposer's reasonable control, such as poor weather, an act of God, or a delivery mistake by a third-party carrier, the proposal package arrived after the "Closing Time/Date"; or (4) It is the onlyproposalreceived. The proposal must be addressed to and received no later than 4 p.m., local time, on June 13, 2011, at the office of: Keith. Greer, Grant Administrator SanDiegoAssociation of Governments 4016 Street, Suite'SO0 San Diego, CA 92101 Postmarks will not be accepted in lieu of this requirement. 6-9 Project Evaluation and Ranking The following evaluation and ranking criteria will be used by an evaluation committee made up of EMP Working Group Members and outride technical experts NOT applying for land management grants. Eligible Activity: 1. Invasive Control and Habifat Restoration Projects Point Maximum Project Evaluation Criteria Range Weight -'-Score ..Total Score Possible Lacklbf management of vegetation communities and/or exotic species may.. resulf in extirpation of covered species ' 0-5 5 2S Project addresses'species orvegetation community at highest risk of loss 0-5 S 25 Critical linkage parcels or in regional wildlife corridor' 0-5 4 20 Long term success of management activities is likely with clear measurable positive results which will reduce future land management costs. Success criteria have been idenfrfied and will be monitored and reported. (High cost- effectiveness) 0-5 '. 5 25 Urgent action is needed to address a problem that would severely'degrade a sensitive vegetation community 0-5 5 25 Project part of a larger strategic effort which-covers a latge area with multiple.. partners and multiple benefits? High economy of scale- 0-51 3 15 Sufficient matching funds available to c complete the project 0-5 '' 3: >_15~ Project promotes,public awareness of sustainable land managemertthrough publicoutreach and participation 0-5 ` 2' 10 'Total .160 6-10 EligibleAdivityi 2.:Species-Specific Management Point ~. Maximum Project Evaluation Criteria Range' Weight Score Total Score Possible-- Lack of management of vegetation communities and/or exotic species may result in extirpation of covered species 0-5 5 25 Project addresses speciesor vegetation. community at highest riskof loss 0-5 3 1 S Critical linkage parcels or in regional wildlife corridor. ' 0-5 2 10 Long term suaess of management activities is likely with clear measurable positive results which will reduce future land management pasts. Success criteria have been identified'and will - be monitored and reported.,(High' cost-effectiveness) 0-5 5 25 Urgent action is needed to address a problem that would severely'degrade a sensitive vegetation community 0-5 4 20 Project pa rt of a Jarger strateg is effort' whicRcovers a large area with multiple partnersand multiple benefits?High economy-of-scale 0-5 5 '25 Sufficient matching funds available to '' complete the project 0-5 7 5 Project promotes public awareness of '' sustainable land management through public outreach and participation 0-5 1 S Total 130 6-~~ Eligible Activity: 3. Habitat Maintenance, Access ContropManagemen>~ and Voiunteer Coordination Point Maximum Project Evaluation Criteria Range y Weight;. Score Total Score possible Lackof management of vegetation communities and/or exotic species may result in extirpation of covered species 0-5 S 25 Project addresses species or vegetation community at highest risk of oss 0-5 1 5 Critical linkage parcels or in regional wildlife corridor 0-S 2 10 Long erm success of management activities is likely with clear measurable positive resuhs which will reduce futuredand management costs. Success- criteria have beerridentified and will be monitored and reported. (High cost effectiveness) 0-5 5 25 Urgent action is needed to address a problem that would severely`degrade a serisitive vegetation community 0-5 3 15 Projectpart of a larger strategic effort which covers a large area with multiple partners`and multiple benefits? High economy-of-scale 0-5 4 20 Sufficient matchirig funds available to complete the project 0-5 5 ~' 25- Projec8promotes public awareness of sustainable land management through publicoutreach'andparticipation ~. ~ '0-5 4 a.. `20 r Total 145 Proposed Schedule March 74, 2011 - A.call. for projects is provided tointerested stakeholdersinduded in SANDAG's EMP TransNet EMP stakeholder database. A call for projects will also be>posted on the SANDAG, Web site. 6-12 April 12,2011 - A-public workshop will be provided to address any questions on the call for projects or the process. Staff from SANDAG will be present to address. questions and provide information on the eligibility, approval,. contracting, and specific requirementr of this grant program. June 73, 2011 -Applications are due to SANDAG. One signed hardcopy and one electronic version as a PDF delivered to SANDAG by 4 p.m. to Attm Keith Greer, June 13 -June 20, 2011- A notice of receipt will be issued to all applicants.. July 2011 -The evaluation committee will review and rank projects following the criteria above and forward the proposals to the EMP Working Group for consideratioh. July/August 2011 -The. EMP Working.Group,will recommend a list of prioritized projects to the Regional Planning and Transportation Committees who will be askedto recommend a list of land mariagement projects for funding. The list of projects will be subject to approval by the SANDAG Board of Directors. 8 6-13 Grant Submission Form For Consideration for TranslVet Environmental tNitlgatlon Program (EMP) Fiscal Year 2017 Funding for Land Management. (Applications cannot exceed twelve (12) pages, Including all atuchments.). Applicant Namer: Address: Name of Property:. General Location: Jurisdiction: --- _ Total Acree: Estimated Acres Requiring Managemerit_ Owner(s) of Property2: Lanit manager(s) of property (include name(s)), years of experience managing habitat lands, existing land management respdnsibilities, and7eferences): Application is proposed for consideration under the following eligihle activity area (pick onlyone): ^ ' Invasive Control and Habitat Restoration ^ Species-Speci(c Management ^ Hatiitaf Maintenance, Access ControUManagemenf, and Vdunteer CooMination Brief Project Summary. (200=word maximum). Quanti Ex ected Results add bullets as necessa ~ While collaboration is encouraged in the developmenCOf'the grant pmpasal,. me proposal must identify one organizationas the leadenitity which volt" enterinlo an Agreement with SANDAG. ?.If the applicant is not the landovmer, please submit a letter or. rlghtafentry permtt horn the land ownergmntingpermissieq to perform fhe land management dutiesas outlined inthe application. Failure to provide the lettei fir fight-of~ntry permit will lead fo disqual~catlon ofthe application. Attach letter fir fight-of--entry permit if applicable. 6-14 Funding Needs Summary 1. Please indicate how much funding is being requested from SANDAL and any matching funding propdsed Budget Item ' Requacted Funding Amount .Proposed 'Matching Funds• - Daaedptlon ' Personnel Expenses Stall $ $ Includes staff time for non-adminisfratlve wads an the protect PersorinelAdminisGatiJeExpense $ $ Includessllstafftimetdsdministertteconfract Consultant Expenses $ $ Includes all costs forcorisultant servkes Olfier Direct Expenses $ $ Includes alt equipment; supplies mlllbge; etc.... Indirect Costsa $ $ All indirect charges (e.g:,,overhead) on the project, If boy: 'if applicable 2. Are there matching funds available? If yes;'howare the matching funds assured (100-word maximum)? ^ Yes ^ Np Explain how matching funds are assured. PROJECT PROPOSAL (Mepsandlorgraphlcs can be referenced and pasted at the end of this Worddocumehl orattached as aseparate digital gla.). The proposal will include the purpose of the projedt, the scope of v+drk by tasks, proposed budget, including matching funds, bytask, and a schedule far each task Applicants must clearly identify their proposed tasks in the scope of work, footling requested for each task (please identify staff hours and cost separately from consultant costs), start and end dates of the tasks, and deliverables,!.Applipants are encouraged to identify phasidgln thel~ proposal in case full fuhding for the project is not available. A. Project Purpose Address the. tollowing In the proposal. 1 What eligible management adtivities will be done on the property and why? 2. What is the biological significance' of the properly for endangered aFcovered species sensitive habitats, core habitaE areas, vrildlife linkages, and/or regional habitat conservation planning7.. 3. Does the site suffer from natural, human or domestic animal disturbance (e.g., off-road vehicle use, unurontrolled'acbess, unauthorized grazing,: fire,: flooding, erosion, exotic species invasion, andldrferafcats)? 4. Is immediate actiom needed to address a problem to prevent the site irom degrading furtheY? Woultl the fudher degradation poteotialy affect covered species? 8lndieC caars'ae ady aaoia6rd wah eater, ttran iiaieU mY:aeaatlm acid: appwm. rry apWeed iWapdidad aMa «(~ tM appricrd'a WoPeaed mealad faraRraBnO 6w<rCl,mabrtaut beauamfded Ne¢aUanmwanyy(g}y,W'sppored hrSM1D0.G. kF3aU orals WinW N raGnhraabd uiW aNlat Oretwmndw(D7a oaave aera6raea ana idFert omtaitral7on panraW.tie revered s.awry. ~ ... Grant Suhmleslon Farm- iransNet EMP FY ZOfi Footling for Land 6-15 5. Dces the proposal use e(ficieht and proven methods and/or strategies to address the land management needs that would result in a high likelihood of success and reduce future land managemenCcosts (e.g., control of small outbreak of aggressive exotic species, fencing to prevent damage to rare plant populations)? 6. Does the proposal implement a strategic approach which covers large geographic areas {e.g., watershed br subwatershed extent) involving multiple partners and providing multiple benefits (e.g., part of a largercoordinated effort thatishigh economy-of- scale)?. 7. How would the project result in measurable biological success tG implement the Natural Communities Canservatior program regional preserve system? What measurable results would be used to determine success of the pro(ed? 8. How would the project involve public oulreacti/public participation to idenfify'lhe land' managemenf activities being funded and promote awareness ofgrant-funded proJedt? In your proposal please estimate he follovring, if any: a number of individuals in public to benefit from the project, ti, number of proposed volunteer hours on project,., c. use of signage and interpretation featuresto be used'to educate public on purpose of project„and d; .outreach effortson public access, if proposed. B. Scope of Work by Task... Please break down the proposal Into discrete tasks with a task name, description of each task, quantify expected results,'and discrete deliverables for each task. Note: make sure to Include tasks for both gcadedy repoding on the status of the grant project and a final report on the outcome of the grant protect. The applicant should choose one of the Nreeeligible acfiviges, descdoed in the Call far Projedsthat hest charadedzeatheir project for consideration under this greni program. C. Budget by Task Please indode a specific budget for eachtask descnbeo in the Scope of Wodt (section Babove), This shaolo Include boN requested SANDAG funds and any matching funds proposed. If metenino funds are nrooased nfease dlsldhute ttfe match'obrnmifinent oraballanateN IhniuohcoE fka oroted- budget For projects requesgng funding for'. more than one year, please indicate the requested funding and match (or each year Applicants are encouraged to identify phasing in Iheir proposal in case full funding far [he project Is not available, You may add or subtract rowsand columns as nnadad (nr Intact an E><cel soreadsheetL: TaekifandNama . -' Total ~~ ,,. Project Cost., : ,' GrantRequesti ,. . ' ~ °' ~'TOfalMetch•i , r , rtii [ Year 7 : ",. ~ ', Grant Request k ''.'I il,~iu .. , YearlMetch~-, , ,; $ S _S .. $ $, $ $ $ $ $ $ $ $ $ $ $ $ $ $ Grant Submission Form-TransNetEMP FY20N Funding tar Land Managemanl ~ ~ 3 6-16 D. Project Schedule Please include a specrfic start and end date far each task descrihed in fhe Scope of Work (section B above). This should include hofh tasks by number and the month and year of the start and end dales. Please include tasks far both quadedy repoding on the status of the grant project and a final report on the outcome of the grant proJed. You may add or subtract row and columnsas needed (ar insert an Excef spreadsheet). .Task#andName-rrr ;,ProposedStertDate ', Proposed End Date,. mmlddtyy' mm/dd/yy mmlddtyy mm/tldtyy mm/dd/yy mm/dd/yy _....... mmfddtyy mrr+/ddtyY mmlddtyy mmlddtyy _.... mmlddtyy'.. - mnJddNY _. mm/ddtyy mrNddtyy NOTICE'REGARDING PREVAILING WAGES°~ SANDAG's EMP Land Management Grants are funded with' TrahsNef revenues oonsistenf wilhahe TransNef Extension Ordinance adopted by the voters in Novemhee2004, (SANDAL Ordinance 04-01) Although SANDAL ONlnance.04-01 does dotiequire payment of prevailing wages a recent appellate court case (ASUZeLand Padners v. Deoadmenl df Industrial Raladons 191 Cal. App 4'~ 1 (2010)); mey require tfial TransNet-funded public works proJecLs pay prevailing wages to workers. The Asuza dose held in park that elf constmdtion of public improvements required as a canditiodof regulatory approval is. subjed'toprevailing-wage iavr, including putilic infrastrudlore consWdted at privaleexperise. Beforesebmltting a grant,.appkcagon lo':SANDAG, applicants are sUOngly encouraged to seek advice from an attorney regarding whether the Asuza_Gase will subject the orooosetl Drool oroiebl to orevailina Gnnl Submlwlon Form-TrvnsNef EMP FY20N Funding far Land Management 6-17 REQUIRED STATEMENTS FROM GRANTEE ^Yes ^No The proposed grantee has read the standardized. agreement ^Yes ^No If theSANDAGBeardofDirectors:approves the grant, the proposed grantee agrees to sign and reWmthe stantlardized'agreementto SANDAG, without exceptions, vAthin 45' days of receipt. ^ Yes ^ No The proposed: grantee agrees to comply. with SANDAG's Board Policy, 035 "Competigve Grant Program Procedures," which outlines "use-it-or-lase-it" project milestone and completion deadlines: BoaMPolidy 035 is included in the standardized agreement, and is also on SANDAG's website ak the fellovdng link: htEalhavw.sardau.'oiglamarr¢atidi~ahoiitlpil6sfoolicv tl~5.odf ^ Yes ^No The proposed grantee understanda that that 10°/a of all invoices will be retained unhll thecompletion of the projedt. ^ Yes ^ No The proposed grantee understands that that'all' invoices must be adwmpanied by vmtteh suppod of the charges far:. both requested reimfiurancement ofgrant fundsand matching'funds: ^ Yes ^ No The proposed.grantee understands tha€approval of funding,by he SANDAG Board of Directors, the applicant will provide a copy of then approved indirect rate audit or their proposed methodology to.SANDAG for review and approval which musEoccur pdor to the executatlon of the!grantagmement: ^Yes ^ No The proposed grantee understaads' that a resolution including the requirements of Board Policy 035, Secbon'4.t, must be submitted° to SANDAG, at least two wee a prior to the recommendation by,'tlte Regional Planhing Committee of the liskof grant projects to be considered eligible. SANDAG vAll provide. applicants wath advahce noticeof the Regbnal Planning Committee's anticipated meeting dates 1 have the authorization"to submit this grant on behalf of my organizatlan _.__ Grantee NameRitle (print or type) ...... ... mm/ddlyy -Grantee Signature - - Date:. .__.. .._ Grant Su6miscton FOrnl-THnsNef EMP FY Yeti Funding for LandManagement. 5 6-18 Standard Agreement FOR INFORMATION ONLY DO ND?FILL OUT TransNet ENVIRONMENTAL MITIGATION PROGRAM FISCAL YEAR 2011 GRANT AGREEMENT [AGREEMENT NUMBER]- BETWEEN. THE SAN DIEGO ASSOCIATION OF GOVERNMENTS .AND [INSERT NAME]' REGARDING [INSERT DESCRIPTION] THIS GRANT AGREEMENT [AGREEMENT NUMBER] is made this [Day] day of [Month]; (Year], byandbetween !the San Diego`,Associatioh of Governments.. (hereinafter referred to as "SANDAL"), 401 B Street, Suite 800, San Diego, California,,and [Land Management Organization and address] (hereinafter referred to as"Grantee"): The following, recitals are a substantive part of this'Agreement: A, In Novemtier.2004, the voters of San Diego: County approved SANDAL Ordinance 04-01, whichextended the TransNef'h cent sales and use tax through 2Q48 (TransNet Ordinance): _B The.TransNet Extension. Ordinance contains provisions for the. creation: of an Environmental Mitigation Program'(EMP), which beganbeingfunded by the.TransNet.Ordinance on April 1, 2008.. C. In March' 2011, SANDAL issued a requesf for proposals from entities wishing to apply for a portion of the EMP funds for use on environmental land management projects meeting certain criteria:: D. Grantee successfully applied for EMP funds for the following project: [Project Name] (hereinafter referred to as the "Project"). _E.; The purpose of this.Agreementis to establish the terms and conditions for SANDAL toprovideGrantee with funding'to implement the Project (TransNet Ordinance Assistance). F Althoughl,SANDAG will be providing financial assistance to Grantee to support the' Project, SANDAL will not take an active role in managing. the Projector retain substantiafcontrol ovecany portion of the Project. NOW, THEREFORE„'(tis agreed as follows;. Section 1. Definitions A. Application means the signed ahd dated grant application,. including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAL by or on behalf of the Grantee andl accepted or approved by SANDAL. 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 means this grant agreement, together with all attachments hereto, which are hereby incorparatedintotkis°Agreement andwhich contain additional terms and conditions that are_bnding upon the parties: C. Approval, Authorization, Concurrence, Waiver means a conscious written statement (transmitted in typewritten hard copy or electronically) of a SANDAL official authorized to permit the Grantee to take or omit an action required by this Agreement, which action may not be taken or omitted without such 6-19 Project. No. Project Name: 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 it this Section t J D. Approved Project. Budget means the most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG fog 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. E; Grantee means that, even if a single organization within a legal entity has executed this Agreement as the Grantee, the entire legal entity is the Grantee. If the Grantee is a consortium, partnership, or other multi- party entity, each participant in member of, or partyto that consortium, partnership, or multi-party entity is deemed'-"Grantee" for purposes of compliance with applicable requirementr of the Agreement foc, the Project.: F Maximum Percentage of SANDAG Participation.:, Grantee submitteda~ application and was evaluated based on its representation that it would provide matching funds for the Project. Grantee agrees to provide '_ percent (_°~), or, $ ~ • ' `. of the Approved Project Budget as matching funds from resources other than the Extension Ordinance. Therefore, the maximum percentage that SANDAG will payGrantee for amounts invoiced under this Agreement Is -percent, ( %), or $ "! whichever is-the lessetof these two amountx __ G Maximum SANDAG Contribution. Grantee submitted art application and was=evaluated based on its representation that it would abide by a budget for the Project, which has been finalized and attached to this Agreement as the,Approved Project Butlget (Attachment A); Based on the Approved Project Budget, the maximum amount of Extension Ordinance Assistance SANDAG will pay to Grantee for amounts invoiced under this Agreement Is $ r,~`~~~. or ~ ~ ~~~!~'percent, (_°h)" of the Approved. Project 6utlget, whichever ii the lesser of these two'amounts. H'., Notice. to Proceed means a written notice from SANDAG issued to the'Grantee authorizing the Grantee to proceed with all oea: portion of the work'descri6ed 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. Subgrantee means'any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project:: Section 2. Project Implementation Al General. The Grantee agrees tocarry outthe Project asfollows: 1. Project Description. Grantee agrees toperform the work as described in the Scopepf Work attached as Exhibit A: 6-2~ ?rojeri: No, 4'i ojcc[ name: 2. Effective Date. The effective date of the Agreement orany amendment thereto is the date on which this Agreement is fully executed; The Grantee agrees to undertake Project work promptly after receiving a fully executed copy of this agreement. 3: Grantee'sCapacity. The Grahtee'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) cbmply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and tfieGra ntee,including but not limjted to the TransNet Ordinance. 4. Project Schedule. The Grantee agrees to complete the Project in a timely manner. Nevertheless, SANDAG and the Grantee agree that milestone dates and otherproject completion dates set forth in the Project Schedule attached hereto as Exhibit B are to be treated a-good faith estimates rather than precise and firm legal requirements. Changes to Exhibit B ar any other Exhibit$o'the Agreement, shall 7equre writtep approval from SANDAG: 5 Use It or Lose IYPolicy. Granteeagrees tocomplywithiANDAG'BOard Policy No. 035, "Competitive Grant Program Procedures"(adopted January ZO10), attached hereto as Exhibit D e. Application of Laws. Should a federal or state law pre empt a local law, regulation, or the TransNet .Ordinance, the Grantee must 'comply with the' federal or state law and implementing regulations. No provision of the Agreement requires the Grantee to observe or enforce 'compliance with any provision;. perform any other act, or do any othet thing in contravention of federal, state, territorial, or local law, regulation,.orordinance: Ifcompliance with any provision of the Agreement violates or would requirethe Grantee to wolate any law, the. Grantee. agrees to notify SANDAG immediately in vyritjng: Shbuld this occur, 'SANDAG and the Grantee agree that they will make appropriate arrangements to proceed' with. or, if necessaryterminate the Projector portionsthereof expeditiously:; 'L. Notice Regarding Prevailing Wages. SANDAG's EMP Land Management Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters. in November-2004', (SANDAG,Ordinarice 04 01). Although SANDAG Ordinance 04'-01 does not' require payment of prevailing wages; a recenYappellate courfcase (Asuza. Land.Partnersv. Department of Industrial Relations 191 Cal. App:: '4`h 1(2010)), may require that TransNet-funded public works projects pay prevailingwages toworkers. The Asuza case held, in .part, that ah construction of public improvements required as a condition of regulatory. approval,is subject to prevailing wage law, including public infrastructure constructed at private expense. Before submitting a grant application to SANDAG, applicants are strongly encouraged to seek advice from an attorney regarding whether: the Asuza"case will subject the proposed grant project to prevailing wage laws consistent with_Labor CodeSedior 1720 et seq. If awarded an EMP Land Management Grant, the grant agreement between SANDAG and the grahtee requires grantee'f compliance with all federal, state and local laws and ordinances applicable fo the agreement. D: Significant Participationby a Subgrantee. Although the Grantee maydelegate any or almost all PrdjeR. responsibilities to bne or more subgrantees, the Grantee agrees that it, rather than any Subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement:. f. Grantee's Responsibility to Extend Agreement; Requirements to Other Entities 1, Entities Affected. Grantee agrees to take appropriate measures necessary tc ensure that all Project participants comply with all applicable Federal laws, regulations, and polities affecting Project implementation. In addition, if an entity 'other than the Grantee is expected to fulfill any 6-21 Projec'.t No. __ .__ Project Name: responsibilities typically perfbrmed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth. in,this Agreement:. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which=those provisions affect an entity (such, as a subgrantee) participating in the Project through the Grantee. Thus, the' Grantee agrees. to use a written document td 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 contrail or other legally binding document) including all appropriate clauses stating the entity's'responsjbilities under applicable laws, regulations, or,policies: 6: Flowdown. The Grantee agrees to,indude in each document (subagreement, lease, third party contract; or other) any necessary provisions requiring the Project participant '(third part/.. contractor, subgrantee, or other). to impose applicable laws, Agreement requirements and directives on its subgrantees,,,lessees, third party contrailors, and other Projeil participants at the lowest ties. necessary: F: No SANDAG Obligations to Third Parties. 1n connection with the Project, the Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee third party contractor, or otfie~ person orentity thatis:not a party to the Agreement for the:Projeil. Notwithstanding that SANDAG. may have concurred in or approved any solicitation, subagreement, lease, br third party contrail at any tier,: SANDAG has no obligations or liabilities to any entity other than the Grantee,. including any. subgrantee,.. lessee, or third pa rty contradorat any. tier: G'- Changes. in Project Performance (i.e.,-Disputes, Breaches, Defaults, or Litigation). :The Grantee agreesto " notify SANDAG immediafely,, 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 the Agreement, and',as required, by SANDAG Board Policy No. 03S (Competitive Grant Program Procedures}. 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'a interests in the Project; and agrees to inform SANDAG, also in writing, before naming ANDAG as a party to litigation. for any reason, in any. forum. At a minimum, the Grantee agreesdo send each notice to SANDAG;required by this subsection to SANDAG's Office of Gerieral Counsel... - H, Standard of Care. The Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance wtth the applicable standard 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 laws, codes, industry standards, and liability for damages caused by negligent ads, errors, omissions, noncompliance withindustry standards,.or the willful miscondu¢ of the Grantee or'its subgrantees- Section 3', Ethics LaA 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, board members, or agents engaged in the award or administration of subagreements, leaseg,or thirtl party contracts supported with. TransNetOrdinance assistance,. The Grantee: agrees that, its code,of conduct onstandards of conduct shall specify that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third party 4 6-22 Project No. Project PJame: contractor at any tier or agent thereof. 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 entity selected for award. The Grantee may setae minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic4alue. The Grantee agreestfiat its code of'condud or standards of conduct shall also. prohibit its officers, employees, board members, or-agents from using their respeRive positions in a mannerthat presents a real or apparent personal or organizational conflict of'interest'or personal gain. As permitted by state or locallaw or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or dther disciplinary actions for violations by its officers, employees, board members, or their agents, or its third party contraROrsor subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee, agrees tha4'its code of<onduct or standards'ot conduct shall prohibit the Grantee's employees, officers, board members, or agents from participating in the selection award, or administration of anythird party contract or subagreementsupported by TranrNet Ordinance Assistance if a real or apparent conflict of interest would lie 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 thaY.employs'; br intends to employ, any of theparties 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 orstandards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational wnflct of interestexistr when the riature 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 partyzontrador or subgrantee or impair its objedivityn performing. the contra¢ work:: B,.. sANDAG''Code ofConduct.SANDAG has established policies concerning potential conflicts of interest. These.. policies apply-to Grantee. For all awardsbySANDAG; any practiceswhich might result in unlawful activity a,re prohibited including, but not limited tp, rebates, kickbacks,; or other unlawful considerations. SANDAG staff is specifically prohibited from participating in the selection-process when those staff have a close personal relationship, family relationship, or past (within the lastil2 monthsj, present, or potential businesslor employment relationship witha personor businessentity seeking a contract. It is unlawful for any contract to be made 6y SANDAG if any individual board member or staff has. a prohibited. firJahcial interest in the contract. Staff issalso prohibited from soliciting or',accepting gratuities-from any organization seeking funding from SANDAG. SANDAG's officers, employees,: agents, and board members shall, not solicit or accept gifts, gratuities, favors, or anything of monetary value from consuhants, potential consultants, or parties to subagreements. ey signing this Agreement, Grantee-affirms thatit has no knowledge of an ethical violation by SANDAG staff or Grantee. if Grantee has any.. reason to believe a conflictpf interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General'Counsel immediately:. Ca Bonus or Commission. The Grantee affirms that it has not paitl, and agrees not to pay, any bonus, or commission to obtaih approval of its TransNet Ordinance Assistance application for the Project!... D,, False or Fraudulent, Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in conhection with`the Project. 6-23 Project No. __ _ Projert Name' Section 4. Amount of Funding Assistance The.Granteeagrees thatSANDAG will. provide?ransNet Ordinance Assistance for the Project equal to the smallest of the following amounts: (a) the "Maximum. SANDAG Amount Approved" of $ or (b) the amount calculated imaccordance with the "Maximum Percentage(s)pfSANDAG Participation," which. is $. SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project: Grantees estimate in its application for funding from SANDAG for the Project is the amount that forms the-basis upon which SANDAG determines the "Maximum SANDAG Amount Awarded" and "Maximum Percentage(s). of SANDAG Participation." Section 5'. Matching Funds Grantee has proposed toprovide matching funds for the Project and therefore agrees as followsi A: Duty to Obtain Matching Funds. The Grantee agrees to provide 'sufficient funds or approved in-kind resources, togetherwith the TransNet Ordinance Assistance awarded, that will assure payment of the actual cost of'each Project activity covered by the Agreement for the Project. The amount of matching funds and percentage(s) ofmatching funds Grantee shall provide are set forth in #tie Approved Project Budget. The Grantee agrees to complete all proceedings necessary to provide its share of the Project costs at or before the time the matching funds are needed for Project costs: B, Prompt Payment. of Matching Funds. The Grantee agrees to pravide'the proportionate amount of the matching'funds promptly as it incurs Project costs or Piojed costsbecome due: -C.. Reduction of"Matching Funds. The.Granteeagrees ahat,no refund or reduction ofi'the amount of matching funds may be made unless, at the same time, a reduction of the proportional amount of the TransNet Ordinance Assistance provided is made to SANDAG in order to maintain the'- Maximum Percentage(s) of SANDAG Participation.. Section 6. Approved Project Budget,. fxceptao the extent that SANDAG..determinesotherwise. 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 the, Agreement,. except that re-allocation'of funds among budget items or fiscal years that does: not increase the total, amount of the TransNefOrdinance Assistance awarded for the Project. and does not negatively impact the benefits obtained from the. Project may be made consistent with applicable laws, regulations, and policies. Prior SANDAG approval is required for transfers of funds from non construction to construction categories or vice versa or when, in non Construction grants, cumulative transfers, of funds betweeo-total dined cast categories exceed ten (10)'percent of tFietotal budget. 6-24 Prol~ocl' No. Proj crt Nime: Section 7. Payments A. Grantee's Request for Payment When Matching Funds Are Required. The Granteewill demonstrate or certify'that it will provideadequate matching fundsthat, when combined wRh payments from SANDAG, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of its matching funds for the Project, a Grantee required underthe terms of this Agreement to provide matching funds for the Project agrees that it will not: L Request or obtainmatching funds exteeding the amount justified by the matching share previously provided, or 2, Take any action thatwould causethe proportion ofTransNet Ordinance Assistancemade available to the Project at any time to exceed the percentage authorized by the Agreementfor the Project. B. Payment by SANDAG. Upon receiving a request#or payment and adequate supporting information, SANDAG wil(make payment for eligible amounts to Grantee within 30 days if Grantee has complied with the requirements of the Agreement, has satisfied SANDAG thattheTransNet Ordinance.Assistancerequested is needed' for Project purposes in that requisition period, and is making adequate progress toward Project completion consistent with, SANDAG Board Policy No. 035 (Competitive Grant' Program Procedures (Exhibit D)). After the Grantee has demonstrated satisfactory compliance-.with the preceding requirements, SANDAG may reimburse the Grantee's apparent allowable costs incurred (or to be incurred in'the requisition period), as set forth in the Approved Project Budget for the Project. SANDAG encourages Grantee to use the Sample Invoice template attached hereto as Exhibit E, when submitting invoices to„SANDAG. SANDAG shall retain tern'percent (10%) from the amounts invoiced until satisfactory completion ofwork., SANDAG shall promptly"pay retention amounts to Grantee following Grantee' satisfactory completion of work,. receipt of Grantee's final invoice and all required documentation.,, C. Costs Reimbursed. The'Grantee agrees that.Projectcostseligible for TrensNeFOrdinance°Assistance must comply with all the following requirements. Exceptao the extent that SANDAG determines' otherwise, in writing, to be eligible for reimbursement, Project costsmust bei 1. Consistent with the ProjeR Description, the Apprgved Project Budget, and other provisions of the Agreement, 2. Necessary iri order toaccomplish theProject, 3. Reasonable forthe goods. or services purchased„ 4. Actual net costs to the Grantee (i:e., the price paid minus any refunds, rebates, or other items of value ?eZeived by the Grantee'-that have the effect of'reducingthe cost actually incurred, excluding program income),., 5. Incurred foc°work performed after the Effective Date of the. 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, and with accounting principles and procedures approved 6y the Grantee for its third party contractors and subgrantees, and 8. Eligible for TransNet Ordinance Assistance as part of the EMP, 6-25 Project: PIO. Project Mamc: 9. Indirect Corts are only allowable with either: (1) an indirect cost allocation audit approved by a qualified independent auditor or (2) the applicant's proposed method for allocating indirect costs must be submitted in accordance with ONIB guidelines and approved by,SANDAG.-Indirect costr will not be reimbursed until one of the two conditions above are'satisfied and indirect cost allocation plans must be reviewed and renewed annually: D, Excluded Costs t: in determining the-amount of TransNet,Ordinance Assistance SANDAG will provide for the Project, SANDAG will exdude: ai Any Project cost,,ncurred,by the, Grantee before the Effective Date of the Agreement or Amendment tFiereto; b. (b)!Any cost'that is not included in the latest Approved Project Budget;, c. Any coif for Project property_or services received in connection with a subagreement, cease, third party contract, ohother arrangement that is required to be, but has not been, concurred in'or approved in writing by SANDAG, d, Any cost iheligible for SANDAG participation'as provided by applicable laws, regulations, or policies.., 2. The Grantee understands and agrees that. payment to the Grantee for any Projedcost does not .constitute sANDAG's final decisioh about whether that'-cost is allowable and.eligible for payment .under the Project and does not constitute a waiver of anyviolation by the Grantee of the terms of the Agreement for -the Project. The .Grantee acknowledges that SANDAG will not make a final determinatiori'Aboutthe allowability and eligibility o{any. cost untilthe final payment has been made oh the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayer Oversight Committee (ITOC) har been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any,portion of the TransNet Ordinance 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 SANDAG's right to 'disallow costs and recover funds provided for the Project on the basis of a later audit or other review: E. Federal Claims, Excess Payments,. Disallowed Costs, including:Interest. 1. 'Grantee's Responsibility to Pay.:.Upon ngtification tathe Grantee that specific amounts are owed td SANDAG, whether for excess payments of TransNet Ordinance Assistance, disallowed costs, or funds recovered from third parties or elsewhere,. the Grantee agrees to remit to SANDAG promptly. the amountr owed, indudirigcpplicable-interest, penalties, and administrative charges. 6-26 Project: Mo. ____.____ Pruj ari i~l~nne: Section 8. 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, contrails, vouchers, orders, or other accounting documents related in whole ar in parfto the Project so that they may be clearly identified; readilyaccessi6le, and available to SANDAG upon request and, to the extent feasible, kept separate from documentrnot 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 supportall costs charged to the Project, including anyapproved .services or property contributed by the Grantee or others, with property executed payrolls, time records, invoices, contrails, or vouchers describing in detail the pature and propriety of the charges, including adequate records tosupport thecosts the Grantee has incurred underlying any payment SANDAG has agreed to participate in based upon a "payable" milestone.. Section 9. Reporting, Record,Retention, and Access. A. Types of Reports. The Grantee agrees to;,submrt to SANDAG all reports,required by laws and regulations, policies, this Agreement, and any other reports SANDAG may specify. B: ReportFormats. The Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and or typewritten Bard copy formats as SANDAG may specify. SANDAG reserves tfieTight to specify thaf records besubm~tted in particularformats: C. Record Retention:.. During. the course of the Projeil and for three years thereafter from,.the date of transmission of the final expenditure report, the Grantee agrees to maintain, intact and readilyaccessible„all data, documents, reports, records, contracts, and supporting. matenalz relating to the Project as SANDAG may require.. D,. Accessc to Records'.. of Grantees. and Subgrantees. The :Grantee agrees to permit, and require its Subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect all Projeil work, materials, payrolls, and other data, and to auditthe books, records, and accounts of the Grantee and its Subgrantees pertaining to the Project. E. Project Closeout. The Grantee agrees that Project cioseouf does not alter the reporting and record retention requirements of this Agreement: "P.. Quarterly Reports.lt shall be the responsibility of Grantee #oadviseSANDAGon aquarterly basis of the progress'of itswork, expenditures incurred, and information regarding whether the Project isprojeiled to comply with the fee. payment"ichedule and Project`6udget limits. The quarterly progress report shall'. be submitted in writing to SANDAG. Grantee shall document the progress and resuRsrof work performed under this Agreement to the satisfailion of SANDAG and; if applicable, to the satisfailion of°any government agency as directed by SANDAG This may include progress and final reports, plans,3pecifications, estimates, or other evidence of attainment otthirAgreement's objectives, whchare,requested by SANDAG or the ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including ITOC, to report on its progresz and respond to questions. 9 6-27 Project Mo. Prnje<t Manx±: Section 10. Project Completion, Audit, Settlement, and Closeout A: Project Completion. Within ninety (90) calendar days following Project completion or termination 6y SANDAG, the' Grantee agrees to sutsmit a final certification of Project expenses and audit reports, as applicable.:. B: Audit of Grantee. The Grantee agrees to have performed 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 autlits-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. G. Performance Audit. The. Grantee agrees to cooperate with'SANDAG. or the ITOC with regard.. to any performance audit that is performed pursuant to the TransNet Ordinance'oh the Project: D, Project Closeout. Project closeout occurs-whenSANDAG notifies the Grantee that SANDAG has closed the Project; and either-.forwards the final TransNet Ordinance Assistance payment or acknowledges that the Grantee has remitted the. proper refund: The Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed 6y the Agreement or any unmet requirements set forth in a written notificationfrom SANDAG.. Section 11:'Timely Progressand Right of SANDAG to,Terminate A: Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Protect Schedule, (Exhibit: B} and consistent with. SANDAG-°Board Policy No. 035 (Competitive Grant Program Procedures): If timely progress is not achieved, SANDAG may„review the status of the=Project to determine if the funds should be reallocated to ariother eligible project: Grantee understands and agrees tFtat any failure to make reasonable progress on the Project or violation of the Agreement that. endangers substantial performance of the ,Project: shall provide sufficient grounds for SANDAG to terminate the Agreement for the Project.. B. Upon writtennotice, the%~Grantee agrees that:SANDAG may suspend' or terminate all or any,part of the TransNet Ordinance 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 TransNet Ordinance Assistance for the Project:. G In general, termination of TransNet Ordinance'Assistan;e for the: Project will not invalidate obligations properly incurred by the. Grantee before the termination date to the extent those':obligations cannotbe canceled. If, however, SANDAG determines .that ffie Grantee has misused TransNet' Ordinance Assistance by°failing to make adequate, progress, failing to make reasonable and appropriate use of Project property; or failing to comply with: the terms of this Agreement, SANDAG reserves'fhe right to require the Grantee to refund the entire amount of TransNet Ordinance Assistance provitlerl for the Project or any, lesseramount as SANDAG may determine. 10 6-28 Proved No. ProjeU Diame: D, Expiration of any Project time period established in the Project Schedule wilt not, by itself, automatically constitute an expiration or termination of this Agreement for the Project, however, Grantee must request and SANDAG must agree to amend the: contrail if the Project Schedule will not be met. .An amendmentto the Project Schedule may be made at SANDAG's discretion if Grantee provides documentation thatthe Project is delayed due to fadorsexternal to the control of Grantee. Section 12. Civil Rights. The Granteeagrees to complywith. all applicable: civil rights laws,: regulationsand policies: These include, but are not limited to, the following: A: Nondiscrimination =The Grantee agrees to comply, and assures the compliance of each subgrantee, lessee, or: third partycontrador at any tier of the Project, with all provisions prohibiting discrimination on the basis of race, color; gender, religion,. disability,. or national origin under either Title VI of the Ciyil Rightr Ad of 1964, the Americans with Disabilities Ad or the California Fair Employment and Housing Act as amehded. B, Equal Employment Opportunity. Grantee agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, disability, age, or national origin. Such action shall include, but' not 6e limited to, employment,. upgrading, demotions or transfers, recruitment or recruitmentadvertising, layofh pr..terminations, ratesof paybrotherformsofcompensation,andselectionfortraining,includingapprenticeship. Section 13. Ownership of Work Proiduct SANDAG shall own any deliverables created in whole or jn part for SANDAG's benefit pursuant to the Scope of Work for the Project. The'term "deliverables" includes;: but is npf limited to, all original..drawings, reports, and other documents, including detailed calculations and other work product developed for the Projecborservices performed on the ProjeR. Section 14. Disputes and Venue: Al Choice of Law. Tfiis Agreement shall be interpreted in accordance withthe laws of the State of{alifornia,: B:: Dispute Resolution Process. In the event Granteehasa 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.Agreementshall 6e as'followsr 1. Grantee shall'submit a statement of the grounds forthe dispute, including all pertneht dates, names bf persons involved, and supporting documentation,.. to SANDAG's Project Manager. The Project Manager and othecappropriate SANDAGstaff_will reviewithe documentation in a timely manner and reply to Grantee within 20 days._Upon receipt of an adverse decision by SANDAG, Grantee may submit a requestfor reconsideration to SANDAG's Executive Director The request for reconsideration must be received within 10 days from the postmark date of SANDAG's reply. The Executive Director' will respond to'the requestfor reconsideration within t0 working days: The decision of the Execrative Director will be final and in writing: 11 6-29 Project No. Project ~lamc: 2; If Grantee is dissatisfied with the results following exhaustion of the above-dispute resolution procedures, Grantee shall make a written.request to SANDAG#ormediatioh with ten days from the postmark of SANDAG's reply. SANDAG shall respond too request for mediation. within thirty (30) calendar days., If SANDAG agrees mediation is appiopriate, amutually-acceptable mediator shall be selected by the parties, and the parties will proceed to mediation of the dispute. 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 tourt`situated in the: Countyof5an Diego, State of California. In the event of any such litigation between the. parties, the prevailing party shall he entitled to recover all reasonable casts incurred, including reasgnable attorney's fees, litigation and collection .expenses, witness fees, and court costsas determined by the court. Section 15. Assignment' Grantee shall not assign,. sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in thFS Agreement' Section" 16. Insurance Grantee shall procure and maintain during the period of'performartce of this :Agreement, and for. 12 months following completion, policies'bf insurance from. insurance companies authorized to do business in the State of California or the equivalent types and amounts of self-insurance, as follows A: General Liability. Combined'single7imit of $1,000',000 per occurrence and $2,000,000 general aggregate for personal"and bodily injury, including death, and broad form property damage. The policy must'ndude,,an acceptable "Waiverof Transfer Rights of Recovery Against Others Endorsement." The policy must name SANDAG'as an additional insured in the=endorsement. A deductible or retention. maybe utilized, subject to approval,bySANDAG.. B, Automobile Liability. For personal' and bodily injury, inducting death,'and property damage in an amount notlessthan$1,000;000: C: Workers' Compensation and Employer's Liability. Policy must comply with'tfie: laws of the State=of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as ah additional insured.: D Other Requirements. Grantee shall furnish satisfactory proof by one ormore certificates (original copies) that it. has the foregoing insurance. Theinsurance shall be provided by an atceptableinsurance provider, as° determined by SANDAG, whichlsatisfiesthe'followingminimum 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--" orbetter, and a financial sie of "$10 million to$24 million{Class V)_or better," or -.2.: Art insurancecarrier qualified to do business in California and a policyprovision foranagent for service of process in California. 3. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held byiANDAG: shalF not contribute to any loss under Grantee's insurance. Each insurance policy shall contain a clause which provides that the policy may not be 12 6-30 Prnj^ci No.. _ Pmjecf 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 17. Indemnification and Hold Harmless A. Generally. With regard to the. Grantee's performance in connection withor incidental to the Project, the Granteeagrees to defend,: indemnify, protect, and hold SANDAGand .its agents,. officers andemployees harmless from and against any and all claims; including, but not limited to prevailing wages'daims againrt the project, asserted or liability established for damages. or injuries to any person. or property, including injury to the Grantee's or its subgrantees`employees, agents, orofficers,which arise from or areconriected with or are caused or claimed to be caused by the negligeht, reckless, or willful aRs or omissions of the Grantee and its subgrantees 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, thatthe Grantee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its agehts, offlcers, or employees. B. Intellectual Property. Upon request 6y5ANDAG, the Grantee agrees to indemnify,. save, and hold harmless SANDAG and its officers, agents, and employees acting within the scope of their official duties against'any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights,. or right of privacy,.arising out of the publication, translation, reproduction, delivery,, use, or disposition of any data furnished under the' Project. The Grantee shall nofbe required to indemnify,SANDAGfor any suchliabilitycaused solely by thewrongfuf acts of SANDAG.employees'oragenti: Section 18. Independent"Contractor A.. .Status of Grantee. Grantee shall perform the- services provided for: within this Agreementas,. an independent contractor, and not as an employee of SANDAG. Granteeshall be under the control of SANDAG as to the result to be accomplished and not the means, and shall consult with SANDAG'as provided for in the Scope of Work. The payments made to Grantee pursuant to this Agreement shall be the full and complete compensation to which Grantee is entitled: SANDAG shall not make any federal or state tax withholdings on behalf of-.Grantee. SANDAG shall not be required tb pay any workers' compensation insurance'oh behalf of Grantee.-Grantee agrees to indemnify SANDAG for any tax, retirementmntribution, social security, overtime pay,ment,. or workers'. compensation payment which SANDAG may be required to make'on behalf of Grantee or any employee of Grantee forwork done under thisAgreement. B. Actions on behalf of SANDAGe Except as SANDAG may specify In writing„Grantee shall have no authority, express `or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall. have no authority, express or implied, to bind' SANDAG or its members, agents,. or employees, to anyabligation whatsoever,. unless expressly provided in this Agreement. Section 19. Integration .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 pf any force or effect with respell to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. 13 6-31 Project No. Section 20. Severability Project Name: 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. Section 21. Notice Any notice or instrument required. to begivert ordelivered by .this Agreement may be given or delivered by depositing thesame [n any United States PostOffice, registered or certified, postage prepaid, addressed to:' San DiegoAssociationbf Governments. 401 B'Street, Suite 800 Sari Diego, CA92101 AttnKeith Greer GFanteei [Grantee's Address] Attn:{Grantee Project Manager] and'shall be effective upon receipt thereof: Section 22. !Signatures The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalfof their respedivelegal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date writteri. above:. SAN DIEGO ASSOCIATION' [GRANTEE[ OF GOVERNMENTS (SANDAL)' ..:GARY L. GACLEGOS ,. [Fullnamel _... :.`.. .. ._.. ... Executive Director - - [Tkle]. APPROVED AS TO FORM: Office of General Counsel 14 6-32 Project No. Project Introduction [paragraph] Task. #: Description [Describe Task] Deliverables [Describe Deliverables] EXHIBIT A SCOPE OF WORK. 6-33 Project Name: Project No. Project Name: EXHIBIT B PROJECT BUDGET AND SCHEDULE Grantee agrees to submit invoices to SANDAG on a quarterly basis covering the costs of the work done by Task during that. time period. Invoices should include backup material on the matching funds and the requested TransNet funds. PROJECT SCHEDULEand,BUDGET TASK NAME START''. END 'Matchin"Funds TransNelFunds t Z _.. ... 3 _. 4 5. 6 8 ', 9' ..:.. ~. Tota l _ 6-34 Attachment 3 Standard Agreement EXHIBIT C SAMPLEI'INVOICE 01 I W rn To: Keith Greer SANDAG aor"B" sueet, sae aoo San Diego, CA 9 21 0112 3 1 From NAME ORGANIZATION ADDRESS'` =Graht Number:' 'PrdjddName; NAMEOF.GRANT' Grant Invoice Number: # -Billing Period: FROM TO Invdide.Date: DATE t " w ~ ' s~y, x = ~ ~1R 'i~.ry„r> yF~~,iu.v'~ . wJrPROJECT TASK~I' BEGINNINGS -"" ~GRANf M~TCftIN,~Gy, dF.f1NDS . ~` ~:.~ ~ EXPENDED ""~t~P.~CHING t`-F,UNDS~ REMAINING M~TCNI[fG FUND.: ~-13ALANCE ~'" i BEGINNING i GRANY' a BALTAI~ICE° PREV10U5 GRANT E7tPENDATURE _- 3 CUR_ftENTGRANT ~EXPENDATURES - = FJCPENDINRE TO '_~ "~'; DATE' ~_.; i- - REMAINING GRANT ~ ,' BALANCE t' lescription of Task $: $; $~ $ $` - $ b - $- 2 DescnptionofTask $. $ $` $. S' $ E $ 3 Description of Task' $. $. $ '$ 3~ $ $ $ 4 Descriptionof Task $; $ Si: $ $_-.. $ $. $ 5 Descriptionof Task $'. $.. S' $ _$` $ $ $ fi Description of Task $! $. $? $ ~,$:. $'. S $ 7 Description of Task $'. $ $` $ '$ $ $~ S 8 Description of Task i3 $ $" $. $'. -.$. S. $ 9 Description of Task $; $ ,$- S $..~ $ $; S :... Desdri lido of Task S $ S' $ S` $ S $ .Total: $ _ g _ g $ _ g Total Current Expenditures: $ Previous 10~ Withheld $ Tolal Amount Due this Invoice. S ~,rtiy that the abovecosts'were incurred'.in performance of the work requlretl undertheefnangement of tha grant and are wnsisant with the amounts 6y suppoRingdocumedts'arid e>~enditure5.. Pdnted:Nameand Tdle Date - _ _. -. - .Deliverables: Summary, of Deliverables Provided vrith{rtvpice Standard Agreement EXHIBIT D SAMPLE RESOLUTION RESOLUTION NO. Insert Text AUTHORIZING AN APPLICATION FOR ENVIRONMENTAL MITIGATION LAND MANAGEMENTIGRANTFONDS TO THESAN DIEGO ASSOCIATION OF GOVERNMENTS FORPROIECT~NAM~,COMMITTING TO PROVIDEMATCHING FUNDS, and AUTHORIZING STAFF TOACCEPT GRANT FUNDS ANb EXECUTE GRANT AGREEMENT' Whereas, in Ndvemher2004,the voters of San Diego County approved SANDAG'Ordinance 04-01,'which extended the TransNet'/z cent sales and use tax through 2048 (TransNet Ordinance}; and_ Wheteas, the TransNet Extension Ordinance contains provisions for the creation of an Environmental Mitigation Program (EMP), which began being. funded by the TransNet Ordinance on April 1, 2008; and Whereas, in March 2011, SANDAG issued its third Call for. Projects from entities'wishing to apply for a portion of the EMP funds'for use on environmental land management projects meeting certain criteriaand WHEREAS, Na"me'of:~O~garizatioh wishes to receive $Insert Amourit in EMP GranYfunds forthe following project: Protect Name; and WHEREAS, Name of.Orgariiation understands that the EMP Grant funding is fixed at the programmed amount, and therefore project costincreases which exceed the grant awarded will be the sole responsibility of'.the grantee,. NOW, THEREFORE, BE IT RESOLVED by Govermng~,Board Narii~ that Name of.0„~ganaatlori isauthorized to submit an application to SANDAG for Name`ofytfie~GrantPrografit` funding in the amount of $Iri4ert Airlouritfor Project e; and'. BE IT FURTHER RESOLVED that, if a grant award. is made by SANDAG;to fund Projed9Name Goverhgg eda'rd commits to providing $Inserr'Amount Even ifrZe~o of matching funds and/or in-kuid contributions as set forth in its avant application and authorizes Name of~Organization staff to accept the grant funds and executethe .. PASSEOAND ADOPTED by~Name?of~Organization s;"Governiri'g: Board this`,I~nsert~bate' of Insert`~Morith and, fS Year..: Ayes:,:. Nayesc. .._- Absent/Abstention: Sig nature,of'~oyemin''g;Boards-Chal~~bueda ATTEST: Clerkior,5ecreta'ry~of thekGovermngtBoard of Name of Orgamzatlon 6-36 EXHIBIT E SANDAG BOARD POLICY NO. 035 BOARD POLICY NO. O35 COMPETIi1VE GRANT PROGRAM PROCEDURES Applicability and Purpose'of Policy' This Polity applies tothe following grant programs administeredthrough SANDAG, whether from TransNet dr anothersource: Smart Growth Incentive Program, Environmental Mitigation Program, Bike. and Pedestrian Program, Senior. Mini Grant Program; Job Access Reverse_ Commute, New Freedom, and Section 5310EIderly& Persons with Disabilities Transportation Program. Nothing jn this Polity is intended to supersede federal or state,grant rules, regulations, statutes, or contrail documents thateonflict with the requirements in this Policy, There are never enough government grant funds to pay for all of the projects worthy of funding in the San 6iego region: For this, reason, SANDAG awards grant funds on a competitive basis thattakes the grantees' ability to perform their proposed. projecFon a timely basis into account. SANDAG intends to'hold grantees accountable to the project schedules they Rave proposed'in order to ensure 'fairness in the competitive process and encourage grantees to get their projects implemented quickly so thatthe public can benefit from the project deliverables as soon as possible., Procedures 1., Project Milestone and Completion Deadlines 1.1: 'When signing a grant agreement fora competitive program funded and/or administered by SANDAG, grant recipients must agree to the project delivery objectives and schedules in#he'agreement. In addition, a grantee's proposal must contain a schedule that falls within the following deadlines. Failure to meet the deadlines below may result ih revocation of all grahffunds not already expended. The final invoice forcapital, planning, or operations grants must beiubmitted prior to theapplicable deadline. 1.1.1. Funding for Capital Projects. If the grant will. fund a capital project, the project must be completed according to the schedule. provided' in the .grant agreement] but. at the latest, any necessary construsion contrail must be awarded within two years following execution of the grant agreement, and construction must be completed within eighteen monthsfollowing award of theconstrusion contras. Completion of'construction'for purposes of this policy shall be when tfie prime mnstructiontontractor is relieved from its maintenance responsibilities. If no construsion contras award is necessary, the construction project must be complete within eighteen monthsfollowng execution of the grant agreement... t:1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest,. any necessary consultant contract'mustbe awarded within orie year following execution of the grant agreement, and the planning project must be complete. within two years following award of the. consultant'contrad_Completion of planning for purposes'of this policy shall. be when grantee approves the final planning project deliverable. If no consultant contrail award is necessary, the 6-37 Project Plo. Project Name: NOTE TO GRANT APPLICANT: THIS SAMPLE RESOLUTION SATISFIES THE REQUIREMENTS OF SANDAG BOARD POLICY NO. 035, SECTIONS 4.1.1 AND 4.1.2. FAILURE TO SUBMIT A RESOLUTION THAT INCLUDES THE`PROVISIONS FROM SECTION''4.1A AND 4.1.2 OF SANDAG'S'BOARD POLICY NO. 035 WILL RESULT IN REJECTION OF THE APPLICATION AND THE APPLICATION WILL BE bROPPED'.FROM CONSIDERATION. WITH FUNDING,GOINGTO THE NEXT PROJECT AS SCORED BY THE EVALUATION COMMITTEE. BOARD LETTERS, MINUTE ORDERS, MEETING MINUTES OR ANY OTHER DOCUMENT THAT IS NOi A RESOLUTION, WILL NOT SATISFY SECTION 4.1.1 AND'4.1.2 OF BOARD POLICY NO. 035. PLEASE DELETE THESE: THREE HIGHLIGHTED PARAGRAPHS BEFORE PRESENTING THIS'RESOLUTION TO YOUR GOVERNING BODY. THANK YOU. 2 6-38 planning project must be complete within two years of 'execution of the grant agreement. 1.13 Funding for Operations Grants. If the grant will fund operations, the project must6e completed according to the schedule provided in thegrant agreement, but at the latest,`any necessary services contract for operations must be awarded within one year following execution of the grant agreement, and the: operations must commence within six months fallowing award of the operations contract.. If no services contract for operations is necessary, the,pperations. project must commence within: one year of execution of the grant agreement. 1,1.4 Funding for Equipment oi• Vehicles Grants. If'the grant will fund equipment or vehicles, the: project must be completed according to the schedule provided in the grant agreement, but atthe latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year!following'executioff of the-grant agreement, and use of the equipment or vehicles for the benefit of tfie publjc must commence within six months following award ofYhe purchase contract;. 2. Project Milestone and.Completion Deadline Extensions 2.1. .Schedules within granYagreements may include projectscopes and zchedulesthat will identify interim milertones in addition to those described in Section 1 of this Policy. G~antrecipients may receive extensions on their project schedules_of up to`six months for goad cause. ExtensionsPOf up to six months aggregate that would not cause the projectlto .miss a completion deadline in Section 1 may be approved by 'the SANDAG Executive Director. Extensions beyond six. months aggregate or that would cause the project to miss a completion deadline in Section 1 must be approved by he Policy Advisory Committee that has been delegated the necessary authority by the Board. Foran extension o be granted under thisSection 2, the following_conditions must be met: 2.1:1. For extension requests of upl ti extension in writing tothe SANDAG Pr the karliert project schedule milestom requested. The' Executive. Director orde should be granted. The Executive Direct in following mohth's report of delegate 2:13. A.grantee7seeking ari extension grantee the grantee court request the der afleast two_weeksprior to which an extension is being termine whether the extension II tie reported out to the Board lelay, explain why fie in the extended time 2:1:3. If the Executive [)hector'denies an.extension request under this'$ection 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy,Advisory Committee. by sending the appeal to the SANDAG Program Manager. 2.1:4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of-the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days: Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Commjttee. 6-39 3. 4. Project Delays and Extensions in Excess of Six Months 3.1. Requests forextensions in excess of six months, or that will causea project to miss a completion deadline in Section 1 (including those projects. that were already. granted extensionsbythe Ezecutive.Directorand areagain falling behind schedule), will be considered. by the Policy Advisory Committee upon request to the. SANDAG Program Manager: 3.2 A grantee seeking an extension must' document previous. efforts undertaken to maintainthe project schedule, explain the reasons#or the delay,.. explain why the delays. unavoidable,. and tlemonstrate art abilityto succeed in the extended time frame the grantee proposes. The grantee must provide the necessary information to_SANDAGstaff to place in a reportto. the Policy Advisory Committee.: If sufficient time isavailable,and the grant, utilized TransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representative available at the meeting to present the information to, and/ar answer' questions from, the ITOC and Policy Advisory Committee 3i3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuating circumstances thatthe granteecould not have reasonably foreseen. Resolutionand Execution of the Grant Agreement '4.1 Two weeks prior to the review by-the Policy Advisory Committee of the proposed-. grants, prospective grantees mustsubmit a resolution from their authorized governing Lindy '.'.that includes the provisions in this Subsection 4.1. Failure Yo provide a resolution that meets 'the requirements in this Subsection 4.1 will result in rejection of the application and the application will be dropped from consideration with funding going to the next project as scored by the evaluation committee. In order to assist grantees in meeting this resolution deadline,. when SANDAG issues the call foi projects it will allow. at least 90 days for grant' application submission.. 5; 4.1.1 Grantee .governing body .commits to providing the amount of matching funds set fortfi!'in the grant application. 4.1:2 Grantee governing body',authorizes staff to accept the grant funding and. execute a.grant agreement if an award is made,by SANDAGy 4.2 Grantee's authorized representative. must execute the. grant agreement within' 45 days from the date SANDAG presents the grant agreement to the prospective grantee foc execution, Failure to meet the requirements in this Subsection 4,2 may result in revocation of the grant award.: Increased Availability of Funding, Under this Policy' 5.1. Grant funds made available as'a result of the procedures in this Policy may be awarded to'the next project on'the recommended project priority,list from the most recent. project selection'process, or may be added to the funds available for the next project funding Lytle, at the responsible Policy Advisory Committee's discretion. Any project 'that loses funding due, to failure to meet the deadlines specified in this Policy may 6e resubmitted to compete for funding in a future call for grant applications: Adopted: January 2010 6-40 Attachment 2 Grant Submission Form For Consideration for TransNet Environmental Mitigation Program (EMP) Fiscal Year 2011 Funding for Land Management (Applications cannot exceed twelve (12) pages, including all attachments.) Applicant Name* Ci of Chula Vista Address: 276 Fourth Avenue Name of Property: Otay Ranch Preserve The Otay Ranch Preserve Management Area (PMA) encompasses ali Preserve areas of the Otay Ranch Planning Component within the City, including Otay River Valley, Salt Creek Canyon, and Wolf Canyon. Approximately 2,742 acres of the General Location: Otay Ranch Preserve is located within the City of Chula Vista MSCP Subarea Plan. Jurisdiction: Citv of Chula Vista The target area for this program encompasses approximately 290 acres located Total Acres: within Salt Creek canyon. Management activities will be performed on approximately 15 acres located along south facing slopes within Salt Creek Canyon. Opportunities for additional restoration /enhancement beyond the 15 acres exist within the identified target area and may occur based on availablefunds following project implementation. Estimated Acres Requiring Management: Owner(s) of Propertyz: City of Chula Vista Land manager(s) of property (include name(s)), years of experience managing habitat lands, existing land management responsibilities, and references): Application is proposed for consideration under the following eligible activity area (pick only one): ^ Invasive Control and Habitat Restoration ® Species-Specific Management ^ Habifaf Maintenance, Access ControUManagement, and Volunteer Coordination The Otay Ranch PMA is jointly managed by the City of Chula Vista and County of San Diego; as the Preserve/Owner Manager (POM) The POM is responsible for overseeing the day-today and long-term preserve management activities within the Otay Ranch Preserve in accordance with the Otay Ranch Resource Management Plan (RMP). In accordance with the Otay Ranch RMP, preserve management activities focus on protecting, restoring and enhancing biological resources, maintaining biological diversity, promoting the survival and recovery of native species and their habitats, and annual biota monitoring to track changes in. the quality and quantity of biological resources including sensitive wildlife species, sensitive plant species and sensitive habitat types. ~ While collaboration is encouraged in the development of the grant proposal, the proposal must identify one organization as the lead enitity which will enter into an Agreement with SANDAG. ' If the applicant is not the landowner, please submit aletter or dght-of-entry permit from the land owner granting permission to perform the land management duties as outlined in the application. Failure to provide the letter orright-of-entry permit will lead to disqualification of the application. Attach letter orright-of-entry permit if applicable. 6-41 Brief Project Summary (200-word maximum) The proposed project consists of a multi-year land management program focused on restoring and enhancing degraded habitat for the coastal cactus wren. This program address the immediate needs of this species within Salt Creek Canyon (Otay Ranch Preserve) where loss and degradation of existing wren habitat has occurred due to historical cattle grazing, increase of invasive plant species, unauthorized off-road vehicle use, drought and vegetation succession processes. Activities included in this program include invasives species control with follow-up herbicide treatments, propagation of coast cholla and coast pdckly pear cuttings, propagation of Mexican elderberry and focused cactus wren monitoring. The methodologies use in conjunction with this proposal are similar to those used to successfully restore27 acres of law-quality coastal cactus wren habitat located in Wolf Canyon (Otay Ranch Preserve) that has enabled coastal cactus wrens to move into and begin nesting in areas formerly dominated by weeds. This oroiect is consistent with the management efforts prescribed in the CiN's MSCP Subarea Plan and the Otav Ranch ResourceManacement Plan. Quantify Expected Results (add bullets as necessa The City anticipates that the methodologies and tasks implemented though this program will: • Restore/enhance approximately i5 acres of degraded habitat for coastal cactus wrens within Salt Creek • Reduce the risk of callus wren habitat loss from fires • Reduce weed infestation • Remove invasive seed sources that can migrate to adjacent sensitive habitat areas • Beneft other Covered Species by reducing weed competition • Revitalize an existing avian wildlife corridor by complementing similar coastal cactus wren projects in the vicinity (i.e., County of San Diego) Funding Needs Summary 1. Please indicate how much funding is being requested from SANDAG and any matching funding proposed: ~ w. ~t' ,. Re nested q " Pry osed '`` ri " i ~~ ~` ' ~ , ~ ,vt,t ~ - ~ . ~ Budgetjtem ~ ~,. .. ' ~ + I' IFubdiri Amount p "MaYbftm `FanAs r .~ i,~r h,~"'r~t'• Descnptlon I ~ I , ~ ~ ,: n ~ , r r~., ~ i .l ~;l , i~ i l ., . , , . ,~ .., ~ . 9 i ~,.~ 9 ~ , , ,r - r .u-., .. x ~ ,; ~ fir' utj,)I ,[ ~Pi 6 .'d l a ' ~ :` , , .. ._. , - .. ,... . ,. . ~ , . .., -.. . . . Personnel Expenses Staff $ $ Includes staff time for non-administrative work on the project Personnel Administrative Expense $ $21,810 Includes all staff time to administer the contract Consultant Expenses $182,282 $ Includes all costs for consultant services Other Direct Expenses $ $ Includes all equipment, supplies, mileage, etc.... Indirect Costs' $ $ All indirect charges (e.g., overhead) on the project, if any. "if applicable 2. Are there matching funds available? If yes, how are the matching funds assured (100-word maximum)? ® Yes ^ No Explain how matching funds are assured. The City is proposing to match funds through the use of in-kind resources, more specifically, through the rise of City staff time. City staff will be utilized to implement the proposed project and administer the consultant contract. City staff time for this project, and all MSCP related projects, is assured due to the City's obligation to implement the provisions of the Chula Vista MSCP Subarea Plan and the associated MSCP implementing ordinances. This obligation is pursuant to the Implemenfing Agreement between the U.S. Fish and Wildlife Service, the California Department of Fish and Game, and the City of Chula Vista. 3 Indirect Costs are only allowable with either (1) an indirect cost allocation audit approved by a qualifietl independent auditor or (2) the applicant's proposed method ror allocating intlirect costs must be submitted in accoMance with OMB Guidelines and approvetl by SANDAG. IndireM costs will not be reimbursed until one of the two conditions above are satisned and and intlirect cost allocation plans must be renewed annually. Grant Submission Form -TransNef EMP FY 2011 Funding far Land Management 6-42 PROJECT PROPOSAL The proposal will include the purpose of the project, the scope of work by tasks; proposed budget, including matching funds, by task, and a schedule for each task. Applicants must clearly identify their proposed tasks in the scope of work, funding requested (or each task (please identify staff hours and cost separately from consultant costs), start and end dates of the tasks, and deliverables. Applicants are encouraged to identify phasing in their proposal in case full funding for the project is not available. A. Project Purpose Address the following in the proposal. 1. What eligible management activities will be done on the property and why? 2. What is the biological significance of the properly for endangered or covered species, sensitive habitats, core habitat areas, wildlife linkages; andlor regional habitat conservation planning? 3. Does the site suffer from natural, human, or domestic animal disturbance (e.g., off-road vehicle use, uncontrolled access, unauthorized grazing, fire, flooding, erosion, exotic species invasion, andlor feral cats)? 4. Is immediate action needed to address a problem to prevent the site from degrading further? Would the further degradation potentially affect covered species? 5. Does the proposal use effcient and proven methods andlor strategies to address the land management needs [hat would result in a high likelihood of success and reduce future land management costs (e.g., control of small outbreak of aggressive exotic species, fencing to prevent damage to rare plant populations)? 6. Does the proposal implement a strategic approach which covers large geographic areas (e.g., watershed or subwatershed extent) involving multiple partners and providing multiple benefits (e.g., part of a larger coordinated effort that is high economy-of- scale)? 7. How would the project result in measurable biological success to implement the Natural Communities Conservation Program regional preserve system? What measurable results would be used to determine success of the project? 8. Haw would the project involve public outreach/public participation to identify the land management activities being funded and promote awareness ofgrant-funded project? In your proposal please estimate the following, if any: a. number of individuals in public to benefit from the project, b. number of proposed volunteer hours on project, c. use of signage and interpretation features to be used to educate public on purpose of project, and d. outreach efforts on public access, if proposed. Overview Summary • What eligible management activdies will be done on the property and why? The City is proposing to implemenYa multi-year species-specific management program focused on restoring and enhancing approximately 15 acres of degraded habitat for the coastal cactus wren, a Covered Species under the City's MSCP Subarea Plan. This program address the immediate needs of this species within Salt Creek (Otay Ranch Preserve) where loss and degradation of existing coastal callus wren hahitai has occurred due to historical cattle grazing, increase of invasive plant species, unauthorized off-road vehicle use, drought, and vegetatiohsuccession processes. Activities included in this grant proposal include intensive exotic species control with follow-up herhicide treatments, propagation of coast cholla and coast prickly pear cuttings, propagation of Mexican elderberry and focused monitoring surveys for the coastal cactus wren in the treatment areas. The methodologies use in conjunction with this proposal are similar to those used to successfully restore 27 acres of low-quality coastal cactus wren habitat located in Wolf Canyon (Otay Ranch Preserve) that has enabled coastal cactus wrens to move into and begin nesting in areas formerly dominated by weeds. Biological Significance of the Property • What is the biological significance of the property for endangered or covered species, sensitive habitats, core habitat areas, wildlife linkages, and/or regional habitat conservation planning? The target areas for restoration/enhancement within Salt Creek Canyon are all located within the Olay Ranch Preserve Management Area (Otay Ranch PMA), refer to Figure 1.Overall, this PMA contains 11,375 acres of preserve land established to create an open space system that will protect natural resources and provide a series of interconnected viable habitats to protect MSCP covered species and regional wildlife conidors. Sensitive habitat communities identified within the project area include maritime succulent scrub, coastal sage scrub, Grant Submission Fortn - TiansNet EMP FY 2011 Funding For Land Management 6-43 valley needlgrass grassland, non-native grassland, southern willow scrub, freshwater marsh, Cismonlane Alkali Marsh, and Baccharis flooplain scrub. Sensitive species observed on site include Otay tarplant, variegated dudleya, San Diego barrel cactus, snake cholla, coastal cactus wren, California gnatcatcher, and coast horned lizard. Recent coastal cactus wren surveys performed in 2009-2010 by the Otay Ranch Preserve StewardlBiologist detected four pairs, two individuals, and 36 nests within Salt Creek. Incidental sightings of coastal cactus wren made on other surveys count for an additional five pairs and nine individuals. One of the pair was detected with a third juvenal wren, indicating a possible family unit. Salt Creek Canyon is identifed in the Otay Ranch RMP as an avian conidor for coastal cactus wren and California gnatcatcher, providing north/south movement from the Otay River Valley. Salt Creek Canyon connects with the Otay River Valley just south of the Lower Otay Reservoir. This corridor system provides a critical linkage to several MSCP designated biological core areas, including the Otay River, Wolf Canyon, Otay Lakes, Otay Mountain (with connections east toward Tecate Peak), the Jamul Mountains, San Miguel Mountain, and upper Sweetwater River. Site Risks • Does the site suffer from natural, human, or domestic animal disturbance (e.g., oN--road vehicle use, uncontrolled access, unauthorized grazing, fire, flooding, erosion, exotic species invasion, and/or feral cats)? • Is immediate action needed to address a problem fo prevent the sde from degrading further? Would the further degradation potentially affect covered species? In San Diego County, the coastal cactus wren nests almost exclusively in habitat containing large patches of mature coast cholla. Within Sall Creek Canyon, the loss and degradation of cactus wren habitat has occurred due to historical cattle grazing, increase of invasive plant species, unauthorized off-road vehicle use, drought, and vegetation succession processes. Coastal cactus wren habftat is at risk of conversion over the long term due to increasing dominance of invasive species within existing coast cholla patches. Without active management (i.e., weed control and habitat expansion) existing coastal cactus wren habitat may ultimately secede from the area. Recent site reconnaissance performed in conjunction with this grant proposal identified the presence of several invasive species within the project area including annual grasses and herbs, such as bromes, wild oats, ryegrass, filaree, and black mustard. These invasive species compete for light and water that would otherwise support existing coast cholla patches. Additionally, at the end of the growing season of these non-natives, dry out and provide potential fuel for wildfres. Combined with native shrubs such as lemonadeberry, this standing biomass may increase the intensity of future fres around coast cholla patches. If fires are of sufficient heat intensity, coast chollas maybe killed or severely damaged. If that occurs, recovery of the coast cholla patches may not be possible or will take many years without management intervention. After the 2003 and 2007 wildfires, regional populations of coastal cactus wrens have severely declined in the region due to lack of suitable nesting and foraging habitat. In addition to the direct competition effects between coast cholla, past disturbance of the area (i.e., off-highway vehicle use and historical grazing) has also reduced the diversity of native plants, including fruit bearing species such as Mexican elderberry and pdckly pear cactus that wrens depend on forfood during the late summer and fall when insect populations are lower. Proposed Management Activities • What management activities will he done on the property and why? The scope of work for this project includes pre-implementation monitoring such as delineation of the areas for restoration and enhancement both as GIS data/map and in the feld. Recent survey data collected in 2009-2010 will 6e used to establish baseline conditions far coastal callus wren. Annually in the spring a qualified biologist will perform focused coastal cactus wrens surveys in the restoration and enhancement areas to assess wildlife use of the sites, weed control and coast cholla planting efforts. In addtion, repeal photos will be taken each year provide a visual record of changes in the density and distribution of coast cholla patches. Restoration and enhancement will begin by thinning areas dominated by non-native annuals by dethatching. Dethatching includes cutting dried weedy material and removing it from the site. Retgrowth of non-native annuals will also be treated with herbicide pdor to seed set. Coast cholla cuttings within the immediate area will be collected and. planted in newly opened areas. Where feasible, native brush generated from thinning efforts will be used to close unauthorized trails and to create additional wildlife habitat in degraded areas. The enhancement sites will be maintained, monitored, and repoded on over a 3-year period. Maintenance and monitoring activities that will be performed over the 3-year program include: follow-up weed control, repeat photographs from the established photo point locations, focused cactus wren surveys, and ground cover estimates using the releve method. Following the initial 3-year establishment period, long-term management of the site will be the responsibility of the Otay Ranch POM. Methodology • Does the proposal use efficient and proven methods and/or strategies to address the land management needs that would result in a high likelihood of success and reduce future land management costs (e.g., control of small outbreak o/aggressive exotic species, fencing to prevent damage fo rare plant populations)? • Does the proposal implement a strategic approach which covers large geographic areas (e.g., watershed orsub-watershed extent) involving multiple partners and providing multiple benefrts (e.g., part of a larger coordinated effort that is high economy-of- scale)? The methods outlined in this scope of work are similar to those used to restore 27 acres of highly degraded cactus wren habitat in Wolf Grant Suhmission Fonn - iransNet EMP FY 2011 Funding for Land Management 6-44 Canyon, Otay Ranch Preserve. The success of that project has enabled cactus wrens to move into and begin nesting in the restoration area formerly dominated 6y weeds. Consistent with the successful efforts in Wolf Canyon, the methods proposed though this program involve intensive removal of invasive species, herbicide treatment, collection and dispersal of coast cholla cuttings, and routine maintenance. In addition to the propagation of coast cholla, restoration/enhancement areas will be supplemented with container stock of Mexican elderberry to augment food sources during the late summer and fall when insect populations are lower. The potential restoration and enhancement areas within Salt Creek Canyon are similar to the pre-restoration conditions located within Wolf Canyon and, based on previous biological surveys, focus on areas historically known to be occupied by coastal cactus wren. As illustrated on Figure 2, suitable restoration/enhancement areas identifed for this grant proposal are located immediately adjacent to each other, which will facilitate dispersal of birds between restored and existing habitat patches. This project is also consistent with the management efforts prescribed in the City's MSCP Subarea Plan and Otay Ranch RMP. The City's MSCP Subarea Plan has been prepared to meet the requirements of the NCCP and serves to implement the San Diego County MSCP Subregional Plan for the regional preservation of natural vegetation communities. Implementation of City's MSCP Subarea Plan and Otay Ranch RMP will ensure that the biological value of the Preserve is maintained and protected in perpetuity. All use of weed whips will be done outside of the breeding season (February 15'^ through August 15'"). The City's proposal is in-line with the recovery strategies identifed through the ad-hoc "cactus wren recovery team' comprised of representatives from each of the Southern California coastal counties, Wildlife Agencies, and science advisory groups. In addition, the City's proposal also is intended to complement a similar coastal cactus wren Transnef grant being implemented by the County of San Diego's Parks and Recreation Department. Figure 2 idenlifes the location of the areas begin actively restored/enhanced by the County relative to the locations proposed by the City through this grant proposal. It is important to note that the there will be no overlap or duplicative effons expended between the two proposals. The combined results of these efforts are essential for the prolongation of the coastal cactus wren populations and would reduce the risk of potential extirpation of this species. Ezpected Results ..How would the project result in measurable biological success to implement the Natural Communities Conservation Program regional preserve system? What measurable results would be used fo determine success of the project? The project is designed to result in measurable success to implement the NCCP by improving and increasing existing habitat for the coastal cactus wren. Focused surveys for the coastal cactus wren will be conducted annually in the spring to assess wildlife use of the enhancement areas. Annual estimates of shrub and weed cover and density of coast cholla will he conducted using the releve method. Repeat photographs will betaken annually to provide a visual record of changes in the density and distribution of coast cholla patches. Public OutreachlPublic Participation • How would the project involve public outreach/public participation to identify the land management activities being funded and promote awareness ofgrant-funded project? !f applicable, estimate the following: number of individuals in public to benefd from the project, number ofproposed volunteer hours on project, and/use of signage to educate public on access andpurpose. The City will promote awareness of this multi-year restoration/enhancement program through the City's MSCP webpage and through local newspaper distributors, such as the San Diego Union Tribune and the Star News. Through these efforts, the City will inform the public on the land management activities being funded through, and promote awareness of, SANDAG's Transnef grant program. In additon, the City will purpose and need project for the project, summary of land management activities, and expected results. The web page would be updated annually to track progress. In terms of community outreach, the City would inform and promote the conservation efforts funded through this project through presentations to local community groups including the Otay River Valley Park Citizens Advisory Group. Through these meetings the City would discuss restoration and enhancement methodologies, conservation techniques, and the results of our active management efforts in an effort to provide meaningful educational information to the public about the importance of habitat conservation and how it adds to their quality of life. The City anticipates annual follow-up meetings with these groups to update the general public on the restoration/enhancement efforts. The City has also contacted the program coordinators of High Tech High Chula Vista to arrange for volunteer staff and students collaboratively participate in this grant program. High Tech High Chula Vista is an environmentally focused charter school located adjacent fo Salt Creek Preserve. Through this grant proposal, staff and students will have a unique opportunity to actively participate, contribute to, and promote awareness of local and regional MSCP conservation efforts. Over the course of this multi-year program, the City's MSCP Staff, in coordination with the Otay Ranch Preserve StewardlBiologist, would meet with High Tech High staff and students in a classroom setting to promote awareness of the City's MSCP conservation goals and strategies. Classroom discussions would be supplemented with regularly scheduled site visits to Salt Creek to: engage students in project implementation (resource salvage and planting); develop innovative classroom exercises to track, monitor, and evaluate the differences in coast cholla growth between cholla/elderberry container stock and newly created restoration/enhancement areas; expose staff and students to current biological monitoring techniques and methodologies; and instill a vested interest and appreciation for local and regional habitat conservation. Included as part of this program, approximately 45 coast cholla clippings and 20 containers of Mexican elderberry will be propagated as container stock at the High Tech High Chula Vista Campus. Under the general oversight of the City's biologist, staff and students will tend to the plants until they are of sufficient size for replanting. It is anticipated the container stock produced at the school will be planted within the restoration/enhancement areas during Years 2 and 3 of the program. High Tech High Program Coordinators Lisa Davis and Valede Root Grant Suhmission Form - TransNet EMP FY 2011 Funding far Land Management 6-45 would oversee the management of resources retained on site over the entire duration of the three-year program. Project Phasing The proposed project is hosed on the restoration and enhancement of approximately 15 acres. If the available funding is less than requested, the number of habitat patches restored and enhanced will be reduced accordingly. Oppodunities for additional restorationlenhancement, beyond the 15 acres proposed, exist within the identified target area and may occur based on available funds following project implementation. 8. Scope of Work by Task Please break dawn the proposal into discrete tasks wit6a task name, description of each task, quantify expected results, and discrete deliverables for each task. Note: make sure to include tasks for both quarterly reporting on the status of the grant project and a foal report on the outcome of the grant project. The applicant should choose one of the three eligible activities, described in the Call for Projects that best characterizes their project for consideration under this grant program. Task 1: Implementation and Maintenance a. Site Preparation: Based on the results of the pre-implantation monitoring, areas dominated by non-native annuals will be delhatched using weed whips where appropriate. Dethatched plant material will be raked up and composed on site. b. Cactus propagation and redistribution: Collect coast cholla and coast prickly pear cuttings from adjacent Preserve areas and redis(ri6ute in newly dethatched areas and existing open areas. Approximately 45 coast cholla clippings will be transported to High Tech High Chula Vista where they will be planted and propagated as container stock. c. Mexican Elderberry Seed Collection: After the fruits of the Mexican Elderberry have ripened during Year 1 of the program, seeds will be collected at Salt Creek and propagated as container stock. Based on the estimated size of this restoration/enchainment program, it is anticipated that a total of 100 Mexican Elderberry plants will need to be procured. d. Transport Container Stock to High Tech High: The majority of Mexican Elderberry container stock (approximately 80 containers) will be transported and maintained at a local nursery specializing in native plant propagation. Approximately 20 containers of Mexican elderberry will also be transported to High Tech High Chula Vista where students, under the oversight of a qualifed biologist, will maintain the plants until they are of .sufficient size for replanting. it is anticipated the Elderberry container stock will be planted within the restorationlenhancement areas during Year 2 of the program. e. Fallow-up Maintenance: Newly germinated weeds will be controlled using glyphosate prior to seed set. f. Mexican Elderberry Container Stock Planting: Mexican Elderbeny container stock from the native plant nursery will be planted in areas adjacent to drainages and existing cholla patches during year 2 of the project. g. Coast Cholla Container Stack Planting: Coast cholla propagated as container stock at High Tech Nigh will be planted within newly created restoration areas. during year 3 of the project. Task 2: Project Monitoring a. Pre-implementation Monitodng: Prior to implementation, the project biologist will survey the project area to confrm areas best suited for restoraton and/or enhancement. Areas best suitedfor restoration include open areas with lower shrub cover located adjacent to existing nesting size coast cholla patches. In addition, new patches of cholla will be created nearby existing patches to produce more nesting sized plants over the long-term. b. Pre-implementation Monitodng: Prior to initiating vegetation weeding/thinning activities, a quailed biologist will determine which habitat patches are occupied by coastal callus wrens in the specifc habitat patchesidentified for restoration and enhancement. Locations of wrens and their nests will be recorded using a GPS.This information will be used to update the 2009-10 wren survey data. c. Pre-implementation Monitoring: Prior to implementation, the project biologist will delineate the areas selected for restorationlenhancement d. Pre-implementation Monitoring: Permanent photo points will be established at each restoration and enhancement area to document weed controland coast cholla planting efforts. e. Follow-up Photo Monitoring: Photos will be taken annually from the established photos points to provide a visual record of changes in the density and distribution of shrubs and coast cholla patches. f. Focused coastal Cactus Wren Surveys: Focused surveys for the coastal Cactus Wren will be performed annually to assess wildlife use of the restoration and enhancement areas. g, Follow-up Vegetation Monitoring: Cover of shrubs and density of coast cholla will be estimated at each site annually. Vegetation coverwill be estimated using the releve method Task 3: Reporting (Deliverables) a. Quarterly progress will be prepared and submitted to SANDAG reports to document enhancement activities b. Annual report thatsummarizes enhancement efforts and monitoring results (Annual Reportwill also serve as the fourth quarterly progress report). The report will include management recommendations for the following season. c. The final report (Year 3) will discuss monitoring results and will include a discussion of future management needs for coastal cactus wren in the restoration and enhancement areas as well as the surrounding Preserve. The Final Report will also serve as the fourth quarterly progress report and annual report for year 3 of the project Grant Submission Form- iransNef EMP FY 2011 Funding for Land Management 6-46 Task 4: Misc. Consultant Expenses a. Plant production (Mexican Elderberry), herbicide, and document printing Task 5: City of Chula Vsta Promote Public Awareness and Contract Administration a. Coordinate with High Tech High staff and student volunteers b, Update City's MSCP web page c. Coordinate with local interest groups d, Oversee biological contractor e. Prepare and submit quarterly progress reports to SANDAG f. Contract administrationfinvoice review C. Budget by Task Please include a specific budget for each task described in the Scope of Work (section 8 above). This should include both requested SANDAG funds and any matching funds proposed. If matchino funds are proposed please distribute the match commitment orooorlionately throughout the oroiect budget. For projects requesting funding for more than one year, please indicate the requested funding and match far each year. Applicants are encouraged to identity phasing in their proposal in case full funding for the project is not available. You may add or subtract rows and columns as needed (or insert an Excel spreadsheet). Task Name 1 Total Project Costs' Total Grant Total Year 1 z Year 1r Task Number r Re uest Match Grant Re uest Match Implementation&Maintenance $118022 $118,022 $0 $72,690 $0 Task 1 (a-e) Project Monitoring $35,882 $35,882 $0 $14,418 _ $0' Task 2 (a-g) Reporting (Deliverables) $20,178 $20,178 $0 $7,760 $0 Task3 a,b Misc. Consultant Expenses $8,200 $8,200 $0 $4,500 $0 Task 4a City Administration $21,810 $0 $21,810 $0 $7,270 Task 5 a- Tofal Year i Grant Request $99,368 Task Name 1 Total Total Grant Total Year2 Year 2 Task Number Pro'ed Costs Re uest~ Matchr Grant Re uest~ Match' Implementation 8 Maintenance $118,022 $118,022 $0 $24,424 $0 Task 1 e, Project Monitoring $35,882 $35,882 $0 $'10,896 $0 Task 2 e Repoding(Deliverables) $20,178 $20,178 $0 $6,508 $0 Task3 a,b Misc. Consultant Expenses $8,200 $8,200 $0 $2,200 $0 Task 4a City Administration $21,810 $0 $21,810 $0 $7,270 Task 5 a- Tofal Year 2 Grant Request $44, 028 Task Namel Total Total Grant Total Year3 Year3 Task Number Pro'ect Costs' Re uestr Matchr Grant Re uest' Match2 Implementation & Maintenance $118,022 $118,022 $0 $20,908 $0 Task 1 e, Project Monitoring $35,882 $35,882 $0 $10,568 $0 Task 2 e Reporting (Deliverables) $20,178 $20,178 $0 $5,910 $0 Task3 a,c Misc. Consultant Expenses $8,200 $8,200 $0 $1,500 $0 Task 4a I Misc. Consultant Ex enses City Administration $21810 $0 $21,810 $0 $7,270 Task 5 a- TofalYear3 Grant Request $38,886 Grant Submission Form - TransNet EMP FY 2011 Funding for Land Management 6-47 Note: 1. Columns 211 reflect cumulative grant request and associated match totals for all three years. 2. Columns 5 and 6 reflect the grant request and associated match for each individual year. D. Project Schedule Please include a specific start and end date for each task described in the Scope of Work (section B above). This should include both tasks by numher and the month and year of the start and end dates. Please include tasks for hoth quarterly reporting on the status of the grant project and a final report on the outcome of the grant project. You may add or subtract row and columns as needed (or insert an Excel spreadshee(). y Project Monilodng Tasks: 2 (a-d) 811112 9/15112 Implementation & Maintenance Tasks: 1 (a, c, d) 9116/12 10129112 Implementaton&Maintenance Tasks: l(b) 11/1/12 11/30/12 Impiementation&Maintenance Task: 1(e) 11/1/12 9/30/13 Project Monitoring Tasks: 2 (ey) . 511113 6130/13 Reporting (Deliverables) Task: 3(a) Duarterly Report 1 11/1/12 12/1112 Reporting (Deliverables) Task: 3 (a) Duarterly Report 2 211/13 3/1113 Reporting (Deliverables) Task: 3 (a) ~uartedy Report 3 411113 5/1/13 Reporting (Deliverables) Task: 3 (b) Annual Report 7/1113 8/1/13 City Administration Tasks: 5 (a-f) 8/1/12 8/1/13 Implementation&MaintenanceTask:1(e) 8/2/13 8/1/14 Implementation & Maintenance Task:1(f) 1211113 2115114 Project Monitoring Task: 2 (eta) 5/1/14 6/30114 Reporting (Deliverables) Task: 3 (a) Quarterly Report 1 1111113 1211/13 Reporting (Deliverables) Task: 3 (a) Quarterly Report 2 2/1114 311114 Reporting (Deliverables) Task: 3 (a) Quarterly Report 3 4/1114 511114 Reporting (Deliverables) Task: 3 (b)Annual Report - 711114 811114 City Administration: Tasks: 5 (a-f) 812113 8/1/14 Impiementation & Maintenance Task: 1 (e) 8/2/14 6130/15 Impiementation & Maintenance Task: 1 (g) 11/1/14 12/15114 Project Monitoring Task: 2 (e-g) 5/1115 6130115 Reporting (Deliverables) Task: 3 (a) Quarterly Report 1 1111114 1211/14 Reporting (Deliverables) Task: 3 (a) Quarterly Report 2 - 2/1/15 3/1115 Reporting (Deliverahles)Task: 3 (a) Duartedy Report 3 411115 511115 Reporting (Deliverables) Task: 3 (c) Final Report 711115 811115 City Administration Tasks: 5 (a-f) 812114 8/1115 NOTICE REGARDING PREVAILING WAGES SANDAG's EMP Land Management Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004, (SANDAG Ordinance 04-01). Although SANDAG Ordinance 0401 does not require payment of prevailing wages, a recent appellate toad rase (ASUZa Land PaMers v. Deoartment of Industdal Relations 191 Cal. App. 4~^ 1 (2010)), may require Nat TransNet-funded public works projects pay prevailing wages to workers. The Asuza case held, in part, Nat all consWClion of public improvements required as a condition of regulatory approval is subject to prevailing wage law, including public infrasWdure constructed at private expense. Before submitting a grant applirafion to SANDAG, applicants are strongly encouraged to seek advice from an attorney regarding whether Ne Grant Submission Fomn -TransNet EMP FY 2011 Funding for Land Management 6-48 REQUIRED STATEMENTSFROM GRANTEE ® Yes ^ No The proposed grantee has read the standardized agreement. ®Yes ^ No if the SANDAG Board of Directors approves the grant, the proposed grantee agrees to sign and return the standardized agreement to SANDAG, without exceptions, within 45 days of receipt. ®Yes ^ No The proposed. grantee .agrees to comply with. SANDAG's Board Policy 035 'Competitive Grant Program Procedures; which oWines 'use-it-or-lose-it" project miiestohe and completion deadlines. BoardPolicy 035 is included in the standardized agreement, and is also on SANDAG's wetisile.. at. the following link: htto•/hw+wsandaa.oralomanizaNon/about(oubs/oolia 035.ddf ® Yes ^ No' The proposed granteebnderstands that that 10°,G of ail invoices will. be retained uniJl ttie mmpletlon gf the project. ® Yes ^ No The proposed grantee understands Nat'that all invoices must be accompanied by wdtten suppon of the. charges for both requested reimhurancement ofgrant funtlsand matchingfunds. igI Yes ^ No The proposed grantee underslandsthat approval at funding by the SANDAG Board df DireGOrs, he applicant will provide'a copy of tfieir approved indirect rate audit oitheG proposed methodology to SANDAG (oireview and approval which must pear pdor to tneaxecufatlon pf the grant agreement;: - ®Yes '^ No (have the autliodzatiort fo submit t/rk grant on behalf ofmy organization. Gary. Halbert Assistant Ciry Manager/Developmeri(Servioes Director GraeteeNameiTitfe,(pdntorrypep, Grant Suhmission Form-TransNef EMP FY 2011 Funding for Land Management .1, must be listof grant committee's 9 6-49 J W Q $ ~ !' P' ~ ~ ~ ¢ LL .~P ~ ~~ ~"~ ~ ~ a, ~~;3 ~~ $_ ~~ ~ ~ ~, ~~ ~a j~g~ +g~ ~~~~ ' ~ ~~ ~~ .~ i~ ~~~~ ®e®®oo ~~ ~. g ~ ; ~ 3 ~9 ~ ~~~~ ~_ ~ ~°~ = ~ d 22?<2~Q~i~® ._ ,,~ v €i €i I 6-51 RESOLUTION NO. 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING GRANT REQUIREMENTS OF SANDAL TO IMPLEMENT A MULTI- YEAR COASTAL CACTUS WREN HABITAT RESTORATION PROGRAM WITHIN THE CHULA VISTA OTAY RANCH PRESERVE MANAGEMENT AREA, AUTHORIZING ACCEPTANCE OF THE GRANT FUNDING SHOULD IT BE AWARDED FROM SANDAL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH SANDAL WHEREAS, the TransNet Extension Ordinance contains provisions for the creation of an Environmental Mitigation Program (EMP), which began being funded by the Extension Ordinance on April 1, 2008; and WHEREAS, the TransNet EMP allocates funding for land management and monitoring activities including habitat acquisition, habitat management, and biological resource monitoring activities to help implement regional habitat conservation planning efforts; and WHEREAS, in January 2011 SANDAL Board of Directors allocated $1.9 million of TransNet EMP funding for land management projects that promote invasive species control and restoration, specific management for at risk species, and general activities such as habitat maintenance, access management, and the coordination of volunteers; and WHEREAS, in March 2011 SANDAL issued a request for proposals from entities wishing to apply for a portion of the EMP funds for use on environmental land management projects meeting certain criteria; and WHEREAS, in June 2011 the City prepared and submitted a grant application to SANDAL requesting $182,282 to fund amulti-year Coastal cactus wren habitat restoration program within the Otay Ranch Preserve Management Area (Otay Ranch Preserve); and WHEREAS, the Coastal cactus wren is a Covered Species under the City's Multiple Species Conservation Program (MSCP) Subarea Plan; and WHEREAS, loss and degradation of Coastal cactus wren habitat within the Otay Ranch Preserve is occurring due to historical cattle grazing, weed invasion, drought, and vegetation succession; and WHEREAS, the proposed restoration and enhancement program has been developed to ensure the prolongation of the Coastal cactus wren through active management of suitable Cactus wren habitat; and 6-52 Resolution No. Page 2 WHEREAS, the grant proposal has been developed consistent with the City's adopted MSCP Subarea Plan to ensure that Covered Species aze adequately protected; and WHEREAS, the requested funding amount of $182,282 would sufficiently fund the activities offered though the proposed Coastal cactus wren restoration and enhancement program which are essential for the prolongation of the Coastal cactus wren and would reduce the vulnerability of this species to extirpation; and WHEREAS, as part of the grant, the City will provide $21,810 of matching funds through in-kind City services as set forth in the grant application; and WHEREAS, in July 2011 SANDAG's Environmental Mitigation Program Working Group recommended the City's proposal for funding to SANDAG's Regional Planning Committee; and WHEREAS, Staff will select a qualified biological consultant to implement this program in accordance with the City's formal competitive bid procedures set forth in Chula Vista Municipal Code (CVMC) 2.56.070. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize acceptance of the subject grant funds should they be awarded by SANDAL. BE IT FURTHER RESOLVED that should SANDAL award the grant funding, the City commits to provide $21,810 in matching funds through in-kind services. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute the subject grant agreement with SANDAL. Presented by Gary Halbert, PE, AICP Assistant City Manager / `~ Development Services Director 6-53 Approved as to form by