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Funding Agreement No. 9200000000RAP02
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RECREATION ACCESS COMPETITIVE GRANT PROGRAM
PROP A/C/TDA ADMINISTRATIVE FUNDS
FUNDING AGREEMENT
This Funding Agreement is made and entered into effective as of August 14, 2023 and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and the City of Glendale ("GRANTEE") for the Nature Education Program at the Stone Barn Nature Center -
LACMTA Recreation Access Competitive Grant Program ID# RAP02 (the "Project").
WHEREAS, as part of the 2023 Recreation Access Competitive Grant Program, the LACMTA Board of Directors, at its meeting on March 23, 2023, authorized a grant to GRANTEE, subject to the terms and conditions contained in this Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
The terms and conditions of this Agreement consist of the following and each is incorporated by reference herein as if fully set forth herein:
1. Part I - Specific Terms of the Agreement
2. Part II - General Terms of the Agreement
3. Attachment A - Project Funding
4. Attachment B - Scope of Work
5. Attachment C - Reporting and Expenditure Guidelines
6. Attachment C-1 - Quarterly Progress/Expenditure Report
7. Any other attachments or documents referenced in the above documents In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the Specific Terms of the Agreement and any attachments and the Specific Terms of the Agreement shall prevail over the General Terms of the Agreement.
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PART I
SPECIFIC TERMS OF THE AGREEMENT
1. Title of the Project (the "Project"): Nature Education Program at the Stone Barn Nature ; LACMTA Recreation Access Competitive
Grant Program ID# RAP02.
2. To the extent the Funds are available, LACMTA shall make to GRANTEE a one-time grant of the Prop A/C/TDA Administrative Funds in the amount of $252,755.46 for the Project in accordance with the terms of this Agreement. LACMTA action of March 23, 2023, granted the Funds to GRANTEE for the Project. The Funds are programmed over three (3) years, Fiscal Years (FY) 2023-24; 2024-25; 2025-26.
3. approved by LACMTA and is attached as Attachment A. The Project Funding includes the total programmed budget for the Project, including the Funds granted by LACMTA and GRANTEE S local match requirement (the GRANTEE Funding Commitment The Project Funding also includes the fiscal years in which all the funds for the Project are programmed.
4. GRANTEE The Scope
of Work for the Project is attached to this Agreement as Attachment B. The Scope of Work includes a description of the Project, a detailed description of the work to be completed by GRANTEE including, without limitation, Project milestones consistent with the lapsing policy, and a set schedule. Work shall be delivered in accordance with that schedule unless otherwise agreed to by the parties in writing. If a GRANTEE is consistently behind schedule in meeting milestones or in delivering the Project, then LACMTA will have the option to terminate this Agreement for default as described in Part II, Section 9.
5. Eligible Project expenses are defined in the Reporting and Expenditure Guidelines (Attachment C). The form of the Quarterly Progress/Expenditure Report is attached as Attachment C-1. LACMTA will withhold ten percent (10%) of eligible expenditures per invoice as retainage pending an audit of expenditures and completion of the Scope of Work.
6. Amendments to this Agreement shall be in writing executed by the parties. No changes to the (i) grant amount, (ii) Project Funding, (iii) the Scope of Work, or (iv) the lapse date of the Funds shall be allowed without a written amendment to this Agreement, approved and signed by the LACMTA Chief Executive Officer or his/her designee and GRANTEE.
7. Notice will be given to the parties at the address specified below unless otherwise notified in writing of change of address. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered upon receipt by the correct address by United States mail, postage prepaid, certified or registered mail, return receipt requested, or by Federal Express or other reputable overnight delivery service addressed to the parties hereto as follows:
LACMTA's Address:
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
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Los Angeles, CA 90012
Attention: Christopher Moorman; Mail Stop 99-22-4
Email: [email protected]
Phone: (213) 547-4268
GRANTEE's Address:
City of Glendale
613 E. Broadway, Room 120
Glendale, CA 91206
Attention: Amirah Limayo
Email: [email protected]
Phone: (818) 548-2057
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PART II
GENERAL TERMS OF THE AGREEMENT
1. TERM:
1.1 The term of this Agreement shall commence on the Effective Date of this Agreement, and shall expire upon the occurrence of all of the following, unless terminated earlier as provided herein: (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA audit and reporting requirements have been satisfied; and (iii) the final disbursement of the Funds has been made to GRANTEE. All eligible Project expenses as defined in the Reporting Guidelines (Attachment C) incurred after the Effective Date shall be reimbursed in accordance with the terms and conditions of this Agreement. The parties understand and agree there are certain covenants and agreements which specifically remain in effect after expiration or termination of this Agreement.
1.2 Should LACMTA determine there are insufficient Funds available for the Project; LACMTA may terminate this Agreement by giving written notice to GRANTEE at least thirty (30) days in advance of the effective date of such termination. If this Agreement is terminated pursuant to this section, LACMTA will not reimburse GRANTEE any costs incurred after the effective date of such termination, except those necessary to LACMTA
of these costs will be in equal proportion of the grant to GRANTEE Funding Commitment ratio.
2. INVOICE BY GRANTEE: Unless otherwise stated in this Agreement, the Quarterly Progress/Expenditure Report, with supporting documentation of expenses and Project progress as described in Part II, Section 4.1 of this Agreement, and other documents as required by LACMTA, shall satisfy LACMTA invoicing requirements.
Submit invoice with supporting documentation to:
[email protected] (preferable)
or
mail to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
All invoice material must contain the following information:
Re: LACMTA Project ID# RAP02 and FA# 9200000000RAP01
Christopher Moorman; Mail Stop 99-22-4
3. USE OF FUNDS:
3.1 GRANTEE shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines.
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3.2 GRANTEE shall not use the Funds to substitute for any other funds or projects not specified in this Agreement. Further, GRANTEE shall not use the Funds for any expenses or activities beyond the approved Scope of Work (Attachment B). *3.3 GRANTEE must use the Funds in the most cost-effective manner. If GRANTEE intends to use a consultant or contractor to implement all or part of the Project, LACMTA requires that such activities be procured in accordance with GRANTEE s contracting procedures and consistent with State law. GRANTEE will also use the Funds in the most cost- -
effective use of funds provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits. *3.4 GRANTEE s employee, officers, councilmembers, board member,
GRANTEE
award, or administration of a third-party contract or sub-agreement supported by the Funds if a real or apparent conflict of interest would be involved. A conflict of interest would include, without limitation, an organizational conflict of interest or when any of the following parties has a financial or other interest in any entity selected for award: (a) a GRANTEE Party (b) any member of a GRANTEE GRANTEE Party; (d) any
organization that employs or intends to employ any of the above. This conflict of interest provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits.
3.5 GRANTEE is obligated to continue using the Project consistent with the public transportation purposes for which the Project was approved. The Project right-of-way and real property purchased to implement the Project shall remain dedicated to public transportation use. The obligations set forth in this section shall survive termination of this Agreement.
3.6 If GRANTEE desires to use the Funds to purchase or lease equipment including, without limitation, office equipment, computer hardware or software, or other necessary to perform or provide the services set forth in the Scope of Work, GRANTEE must obtain LACMTA or
leasing any Equipment. Equipment purchased or leased without such prior written consent shall be deemed an unallowable expenditure of the Funds. Equipment acquired as part of the Project shall be dedicated to that Project use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements. For the avoidance of doubt, GRANTEE is not permitted to use the Funds to purchase or lease vehicles for the Project.
3.7 If an Equipment ceases to be used for the proper use as originally stated in the Scope of Work, GRANTEE will be required to return to LACMTA the Funds used to purchase or lease such Equipment in proportion to the useful life remaining and in equal proportion of the Funds to GRANTEE Funding Commitment ratio. The obligations set forth in this section shall survive termination of this Agreement.
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3.8 If any Project facilities or any real property purchased to implement the Project is no longer used or is no longer needed for the Project, including construction easements or excess property, GRANTEE will be required to return to LACMTA the Funds used to design, construct or acquire such Project facilities or real property in equal proportion of the grant to GRANTEE Funding Commitment ratio. The obligations set forth in this section shall survive termination of this Agreement.
3.9 If GRANTEE desires to use any Project facility or any real property purchased to implement the Project to generate revenue, GRANTEE shall first obtain arrangement. GRANTEE shall provide LACMTA with the applicable information regarding the transaction, including without limitation, the property at issue, the proposed use of the property, the amount of revenue, any impact to the Project and the proposed use of the revenue. LACMTA consent may be conditioned on whether bond funds were used, and how GRANTEE plans to use the revenue, including, without limitation, sharing any net revenues with LACMTA. If GRANTEE GRANTEE shall be
considered in default and LACMTA shall have all rights and remedies available at law or in equity, including, without limitation the return of the Funds to cover the cost of the property in question. The obligations set forth in this section shall survive termination of this Agreement.
3.10 GRANTEE understands that this Agreement does not provide any rights for GRANTEE to use LACMTA real property needed for the Project. If the Project requires use of LACMTA Property, GRANTEE will need to enter into a separate agreement with LACMTA in accordance with LACMTA real property policies and procedures. Nothing in this Agreement obligates LACMTA to provide GRANTEE with any real estate right.
4. DISBURSEMENT OF FUNDS:
4.1 GRANTEE shall submit the Quarterly Progress/Expenditure Report (Attachment C-1) within 60 days after the close of each quarter on the last day of the months November, February, May and August. Should GRANTEE fail to submit such reports within 10 days of the due date and/or GRANTEE submits incomplete reports, LACMTA will not reimburse GRANTEE until the completed required reports are received, reviewed, approved.
The Quarterly Progress/Expenditure Report shall include all supporting documentation (such as contractor invoices, timesheets, receipts, etc.) with a clear justification and explanation of their relevance to the Project for reimbursement. If no activity has occurred during a particular quarter, GRANTEE will still be required to submit the Quarterly Progress/Expenditure Report indicating no dollars were expended that quarter. If a request for reimbursement exceeds $500,000 in a single month, then GRANTEE can submit such an invoice once per month with supporting documentation.
4.2 Disbursements shall be made on a reimbursement basis in accordance with the provisions of this Agreement.
4.3 LACMTA will make all disbursements electronically unless an exception is requested in writing. Disbursements via Automated Clearing House (ACH) will be made at no cost to GRANTEE. GRANTEE must
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application before grant payments can be made. The link to the portal can be found at http://media.metro.net/uploads/EBB/Vendor Portal Registration.pdf.
4.4 GRANTEE must provide detailed supporting documentation with its Quarterly Progress/Expenditure Report.
4.5 GRANTEE shall demonstrate that the GRANTEE Funding Commitment has been spent in direct proportion to the Funds invoiced expenditures.
4.6 Expenses that are not invoiced within 60 days after the lapsing date specified in Part II, Section 8.1 below are not eligible for reimbursement.
4.7 Any Funds expended by GRANTEE prior to the Effective Date of this Agreement shall not be reimbursed nor shall they be credited toward the GRANTEE Funding Commitment requirement, without the prior written consent of LACMTA. GRANTEE Funding Commitment dollars expended prior to the year the Funds are awarded shall be spent at GRANTEEs own risk.
4.8 Commencing with the Effective Date, Funds will be made available to GRANTEE for all work related to the initial Project milestone identified in Attachment B - Scope of Work. Funds for subsequent Project milestones will not be available until GRANTEE provides evidence that the current Project milestone has been completed, or is clearly on track to be completed on the approved schedule stated in Attachment B, as determined by LACMTA.
5. AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS:
*5.1 LACMTA, and/or its designee, shall have the right to conduct audits of the Project, as deemed appropriate, such as financial and compliance audits; interim audits; pre-award audits, performance audits and final audits. LACMTA will commence a final audit within nine months of receipt of an acceptable final invoice, provided the Project is ready for final audit (meaning all costs and charges have been paid by GRANTEE and invoiced to LACMTA, and such costs, charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization including actual indirect rates for the period under review). GRANTEE agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). GRANTEE shall reimburse LACMTA for any expenditure not in compliance with this Agreement. GRANTEEs eligible expenditures submitted to LACMTA for this Project shall be in compliance with the Reporting and Expenditure Guidelines (Attachment C) and 2 CFR Subtitle A, Chapter II, Part 225. The allowability of costs for GRANTEE s contractors, consultants and suppliers be in compliance with 2 CFR Subtitle A, Chapter II, Part 225 or Federal Acquisition Regulations, Subpart 31 (FAR), whichever is applicable. Any use of the Funds which is expressly prohibited under this Agreement shall be an ineligible use of the Funds and may be disallowed by LACMTA audit. Findings of the LACMTA audit are final. When LACMTA audit RACGP # RAP02
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findings require GRANTEE to return monies to LACMTA, GRANTEE shall return such monies within thirty (30) days after the final audit is sent to GRANTEE. *5.2 GRANTEE s records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referr
to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by LACMTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. These records must be retained by GRANTEE for three years following final payment under this Agreement.
Payment of r is
completed.
*5.3 GRANTEE shall cause all contractors to comply with the requirements of Part II, Sections 5.1 and 5.2 above. GRANTEE shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project. *5.4 LACMTA or any of its duly authorized representatives, upon reasonable written notice shall be afforded access to all of the records of GRANTEE and its contractors related to the Project, and shall be allowed to interview any employee of GRANTEE and its contractors through final payment to the extent reasonably practicable. *5.5 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of GRANTEE and its contractors, shall have access to all necessary records, including reproduction at no charge to LACMTA, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this Agreement.
5.6 In addition to LACMTA Agreement,
LACMTA shall withhold the Funds and/or recommend not to award future Recreation Access Competitive Grant Program grants to GRANTEE if the LACMTA audit has determined that GRANTEE failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA in accordance with LACMTA audit findings) and/or is severely out of compliance with other terms and conditions as defined by this Agreement, including the access to records provisions of Part II, Section 5.
*5.7 When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service, as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates.
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*5.8 GRANTEE shall certify monthly invoices by reviewing all contractor and subcontractor costs and maintaining internal control to ensure that all expenditures are allocable, allowable and reasonable and in accordance with 2 CFR Subtitle A, Chapter II, Part 225 or FAR Subpart 31 (whichever is applicable) and the terms and conditions of this Agreement.
5.9 GRANTEE shall also certify final costs of the Project to ensure all costs are in compliance with 2 CFR Subtitle A, Chapter II, Part 225 or FAR Subpart 31 (whichever is applicable) and the terms and conditions of this Agreement.
5.10 Whenever possible, in exercising its audit rights under this Agreement, LACMTA shall rely on GRANTEE s own records and audit work to minimize direct audit of contractors, consultants, and suppliers.
6. ONE TIME GRANT: This is a one time only grant subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA.
7. SOURCES AND DISPOSITION OF FUNDS:
7.1 The obligation for LACMTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the LACMTA Board of Directors. If such Funds are not made available for the Project, LACMTA shall have no obligation to provide the Funds for the Project, unless otherwise agreed to in writing by LACMTA.
7.2 GRANTEE shall fully fund and contribute the GRANTEE Funding Commitment, as identified in the Project Funding (Attachment A), towards the cost of the Project. If the Funds identified in Attachment A are insufficient to complete the Project, GRANTEE agrees to secure and provide such additional non-LACMTA programmed funds necessary to complete the Project.
7.3 GRANTEE shall be responsible for any and all cost overruns for the Project.
7.4 At any time, if GRANTEE receives outside funding for the Project in addition to the Funds identified in the Project Funding at the time this grant was awarded, this Agreement shall be amended to reflect such additional funding.
7.5 If, at the time of final voucher, available funding for the Project (including the Funds, GRANTEE Funding Commitment, and any additional funding) exceeds the actual Project costs, then the cost savings shall be applied in the same proportion as the sources of funds from each party to this Agreement as specified in the Project Funding and both the Funds and GRANTEE Funding Commitment required for the Project shall be reduced accordingly. LACMTA shall have the right to use any cost savings associated with the Funds at its sole discretion, including, without limitation, programming the unused Funds to another project or to another grantee. If, at the time of final voucher, it is determined that RACGP # RAP02
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GRANTEE has received Funds in excess of what GRANTEE should have received for the Project, GRANTEE shall return such overage to LACMTA within 30 days from final voucher.
8. TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS:
8.1 GRANTEE must demonstrate timely use of the Funds by:
(i) executing this Agreement within ninety (90) days of receiving formal transmittal of the Agreement from LACMTA, or by
December 31st of the first Fiscal Year in which the Funds are programmed, whichever date is later; and
(ii) meeting the Project milestones due dates as agreed upon by the LACMTA and GRANTEE in the Agreement; milestones include, but are not limited to the following:
a. for project development, GRANTEE must complete phase by the end of the second fiscal year following the year the Funds were first programmed; and
b. for right-of-way, GRANTEE must follow its right-of-way acquisition policies and must show a realistic schedule for completion of acquisition required for the project agreed upon by LACMTA and GRANTEE prior to Agreement
execution; and
c. for construction or capital purchase projects, contracts shall be awarded within nine (9) months from the date of
completion of design. Project design (preliminary
engineering) must begin within six (6) months from the
identified milestone start date; and
(iii) submitting the Quarterly Progress/Expenditure Report; and (iv) expending the Funds granted under this Agreement for allowable costs within three years or 36 months from July 1 of the Fiscal Year in which the Funds are programmed. All Funds
programmed for FY23-24 are subject to lapse by June 30, 2026. All Funds programmed for FY24-25 are subject to lapse by June 30, 2027. All Funds programmed for FY25-26 are subject to lapse by June 30, 2028.
8.2 In the event that the timely use of the Funds is not demonstrated as described in Part II, Section 8.1 of this FA, the project will be reevaluated by LACMTA and the Funds may be returned to LACMTA and/or reprogrammed to another project by the LACMTA Board of Directors. In the event that all the Funds are reprogrammed, this FA shall automatically terminate.
8.3 Recertification of Funds will be based on Project progress and is subject to meeting the Project milestones as agreed upon in the Agreement.
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8.4 If GRANTEE does not complete one element of the Project, as described in the FTIP Project Sheet, due to all or a portion of the Funds lapsing, the entire Project may be deobligated, this Agreement shall automatically terminate.
8.5 If GRANTEE fails to meet any of the conditions in paragraph 8.1 above, the Project shall be considered lapsed and will be submitted to the LACMTA Board for deobligation. Expenses that are not invoiced within 60 days after the lapsing date are not eligible for reimbursement.
9. DEFAULT: A Default under this Agreement is defined as any one or more of the following: (i) GRANTEE fails to comply with the terms and conditions contained herein; or (ii) GRANTEE is consistently behind schedule in meeting milestones or in delivering the Project; or (iii) GRANTEE fails to perform satisfactorily or makes a material change, as determined by LACMTA at its sole discretion, to the Financial Plan, the Scope of Work, or the Project Funding without LACMTA
10. REMEDIES:
10.1 In the event of a Default by GRANTEE, LACMTA shall provide written notice of such Default to GRANTEE with a 30-day period to cure the Default. In the event GRANTEE fails to cure the Default, or commit to cure the Default and commence the same within such 30-day period to the satisfaction of LACMTA, LACMTA shall have the following remedies: (i) LACMTA may terminate this Agreement; (ii) LACMTA may make no further disbursements of Funds to GRANTEE; and/or (iii) LACMTA may recover from GRANTEE any Funds disbursed to GRANTEE as allowed by law or in equity.
10.2 Effective upon receipt of written notice of termination from LACMTA pursuant to Section 10.1, GRANTEE shall not undertake any new work or obligation with respect to this Agreement unless so directed by LACMTA in writing. Any Funds expended after termination shall be the sole responsibility of GRANTEE.
10.3 The remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity.
11. COMMUNICATIONS:
11.1 GRANTEE shall ensure that all Communication Materials contain ers-civic. The
Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. GRANTEE shall be responsible for complying with the latest Funding Recipient Communications Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer.
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11.2 but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, and construction s
in the Funding Recipient Communications Guidelines.
11.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. The preferred logo lock-up for Funding Recipients to use is included in the Funding Recipient Communications Guidelines.
11.4 GRANTEE shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section.
11.5 The LACMTA Project Manager shall be responsible for monitoring comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein.
12. OTHER TERMS AND CONDITIONS:
12.1 This FA, along with its Attachments, constitutes the entire understanding between the PARTIES, with respect to the subject matter herein. The FA shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the PARTIES who agreed to the original FA or the same level of authority. Adoption of revisions or supplements to the Guidelines shall cause such revisions or supplements to become incorporated automatically into this Agreement as though fully set forth herein.
12.2 GRANTEE is obligated to continue using the Project dedicated to the public transportation purposes for which the Project was initially approved. The Project right- of-way, the Project facilities constructed or reconstructed on the Project site, and/or Project property purchased, excluding construction easements and excess property (whose proportionate proceeds shall be distributed in an equal proportion of the grant to GRANTEE Funding Commitment ratio), shall remain dedicated to public transportation use in the same proportion and scope and to the same extent as described in this FA. Equipment acquired as part of the Project, including office equipment, vehicles, shall be dedicated to that use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements.
12.3 In the event that there is any legal court (e.g., Superior Court of the State of California, County of Los Angeles, or the U.S. District Court for the Central District of California) proceeding between the PARTIES to enforce or interpret this FA, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and RACGP # RAP02
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12.4 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by GRANTEE under or in connection with any work performed by and or service provided by GRANTEE, its officers, agents, employees, contractors and subcontractors under this FA. GRANTEE shall fully indemnify, defend and hold LACMTA and its subsidiaries, and its officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of risk of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising out of the Project, including without limitation: (i) use of the Funds by GRANTEE, or its obligations under this FA; or (iii) any act or omission of GRANTEE, or its officers, agents, employees, contractors or subcontractors in the performance of the work or the provision of the services, in connection with the Project including, without limitation, the Scope of Work, described in this FA.
12.5 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this FA.
12.6 GRANTEE shall comply with and ensure that work performed under this FA is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR), and the applicable requirements and regulations of LACMTA. GRANTEE acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations, and LACMTA requirements including any amendments thereto.
12.7 GRANTEE agrees that the applicable requirements of this FA shall be included in every contract entered into by GRANTEE or its contractors relating to work performed under this FA and LACMTA shall have the right to review and audit such contracts.
12.8 GRANTEE shall not assign this FA, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee. Any assignment by GRANTEE without said prior consent by LACMTA shall be void and unenforceable.
12.9 This FA shall be governed by California law. If any provision of this FA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
12.10 The covenants and agreements of this FA shall inure to the benefit of, and shall be binding upon, each of the PARTIES and their respective successors and assigns.
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12.11 GRANTEE will advise LACMTA prior to any key Project staffing changes.
Notice will be given to the PARTIES at the address specified in Part I, unless otherwise notified in writing of change of address or contact person.
12.12 GRANTEE, in the performance of the work described in this FA, is not a contractor nor an agent or employee of LACMTA. GRANTEE attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. GRANTEE shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.
RACGP#: RAP02 FA# 9200000000 RAP02
(LACMTA Programmed Funding and Sponsors Match Only)
TOTAL % OF
PROGRAMMED FUNDS PRIOR YEARS FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 BUDGET BUDGET LACMTA PROGRAMMED FUNDING:
SELECT:
Prop A/C/TDA Administrative Funds 84,251.82$ 84,251.82$ 84,251.82$ 252,755.46$ 90.9% 252,755.46$
252,755.46$ 90.9%
GRANTEE/SPONSOR MATCH:
Grantee Funding Commitment (specify type)
(Write specific type of funding match)
SELECT:
AB2766 Subvention Funds -$
In Kind -$
Other: -$
Measure S (local measure in Glendale) 8,425.20$ 8,425.20$ 8,425.20$ 25,275.60$ 9.1% 25,275.60$ 9.1%
TOTAL PROGRAMMED FUNDING -$ $92,677.02 $92,677.02 $92,677.02 $278,031.06 100.0% Rev: 04.12.2023 FA Prop A/C/TDA Administrative Funds Attachment A Project Funds
GRANTEE / PROJECT SPONSOR MATCH SUBTOTAL
($ in Actual Dollars)
ATTACHMENT A - PROJECT FUNDING
PROJECT TITLE : Nature Education Program at the Stone Barn Nature Center in Glendale's Deukmejian Wilderness Park GRANTEE/ PROJECT SPONSOR: City of Glendale
LACMTA SUBTOTAL
RACGP # RAP02
FA# 9200000000RAP02
Rev: 04.12.2023 1 FA Attachment B Scope of Work
ATTACHMENT B
SCOPE OF WORK
Bus transportation with designated stops in Glendale to visit Deukmejian Wilderness Park once a week to allow youth and their families to explore the park on their own as part of the monthly Glendale Outdoors (GO!) Program where youth and their families can ride the bus at no charge. Community Services & Parks (CSP) staff will also offer bus transportation for school field trips to Deukmejian Wilderness Park with Glendale Unified School District (GUSD) and other local schools in Glendale.
Major Project Milestones Completion Dates
Identify bus transportation vendor to provide services and finalize agreement
~ 60 Days from NTP
Draft and finalize an evaluation survey for program participants, and surveys will be completed throughout the grant period
~ 60 Days from NTP
Develop plans for community outreach and engagement at Year One, and outreach will be ongoing throughout the grant period ~ 60 Days from NTP
Year One (about 260 days): At least 4 bus transit trips will be provided per month from south Glendale to Deukmejian Wilderness Park for the public to explore nature education and the wilderness park (GO! Program, visits to the Stone Barn Nature Center, hiking, etc.) ~ 270 Days from NTP
Year One (about 260 days): At least 80 participants per month will ride the bus to and from the pick-up/ drop-off locations
~ 270 Days from NTP
Year Two (about 260 days): At least 4 bus transit trips will be provided per month from south Glendale to Deukmejian Wilderness Park for the public to explore nature education and the wilderness park (GO! Program, visits to the Stone Barn Nature Center, hiking, etc.) ~ 640 Days from NTP
Year Two (about 260 days): At least 100 participants per month will ride the bus to and from the pick-up/ drop-off locations ~ 640 Days from NTP
Year Three (about 260 days): At least 4 bus transit trips will be provided per month from south Glendale to Deukmejian Wilderness Park for the public to explore nature education and the wilderness park (GO! Program, visits to the Stone Barn Nature Center, hiking, etc.)
~ 1,005 Days from NTP
Year Three (about 260 days): At least 120 participants per month will ride the bus to and from the pick-up/ drop-off locations ~ 1,005 Days from NTP
The Community Services & Parks (CSP) department have identified a school bus for transportation currently used in the Glendale Outdoors (GO!) Program and school fields trips to be organized with Glendale Unified School District (GUSD) and other local schools in Glendale.
RACGP # RAP02
FA# 9200000000RAP02
Rev: 04.12.2023 2 FA Attachment B Scope of Work
For the GO! Program, the route starts at Pacific
Community Center (501 S Pacific Ave, Glendale, CA
91204) and ends at Deukmejian Wilderness Park (3429
Markridge Rd, Glendale, CA 91214), which is about 9.5
miles for one-way (as seen with included map) and a total of about 19 miles roundtrip.
Routes for the school field trips will be determined based on location of the participating school(s).
Some of the performance metrics to be used includes, but not limited to:
Number of participants served per fiscal year of grant period Number of unlinked passenger trips
o Note: Unlinked passenger trips counts the number of total one-way trips provided to all riders during a specific period. For example, if one vehicle transports three individuals from their homes to the grocery store and then back home, six unlinked passenger trips were provided.
Participant feedback
As part of the performance metric to track community support/awareness, CSP will be engaging local nonprofit organizations in the Glendale community. These community partners will assist with conducting outreach to clients, residents and other stakeholders in Glendale. Also, CSP will be tracking the number of CSP events where outreach will take place (Summer Concerts at the Park, National Night Out, Fall Festival, Holiday Celebration, and other events throughout the year) and number of webpage visits on the CSP website.
Task #1 Project Management (Ongoing)
RACGP # RAP02
FA# 9200000000RAP02
Rev: 04.12.2023 3 FA Attachment B Scope of Work
Meeting with Admin and Program staff to discuss project deliverables and grant timeline
Review scope of work and budget for project implementation Track program through key performance metrics, data collected for progress reporting
Task #2 Transit Program Development (Q1 2023)
Finalize routes and stops from neighborhood parks and community centers in South Glendale to Deukmejian Wilderness Park (located in North Glendale) Identify bus transportation vendor to provide services and finalize agreement Review ADA accommodations for bus transportation services Task #3 Program Evaluation Development (Q1 2023)
Draft and finalize an evaluation survey (for ex. SurveyMonkey) for program participants
Request for program participants to input basic information on a trail sign-in book placed inside the Stone Barn Nature Center to track all visitors to the park and center.
In addition, create and place QR codes for the surveys at the welcome desk at the Stone Barn Nature Center and on the trail headboard. The QR codes will also be available on signs at the bus drop-off and pick-up locations for the program participants to access.
Task #4 Community Outreach (Q1 2023)
Develop and implement engagement process, communications o Announcements through the CSP website and social media posts o Monthly email newsletters
o CSP Leisure Guides (Summer, Fall, Winter and Spring editions) o Advertising through partner organizations, including neighborhood associations
o Flyers distributed during CSP community events (Teen Night Out, STAR:
Students Training as Role Models, and other special events) Identify community partners Glendale Unified School District (GUSD) and local nonprofit organizations
o Contact GUSD and other local schools in Glendale for school field trips RACGP # RAP02
FA# 9200000000RAP02
Rev: 04.12.2023 4 FA Attachment B Scope of Work
o Contact Glendale Parks & Open Space Foundation (GPOSF), a nonprofit organization that supports park projects, recreation programs, and trails and open space activities that enrich the entire community. o CSP has ongoing communication with community-based organizations throughout Glendale that cater to the low-income families such as YMCA, YWCA, Door of Hope, and Ascencia. Community partners will be notified of the program opportunities and will assist with outreaching to their clients and youth they serve.
o CSP will continue to tap into its relationship with the local organizations like the Boys and Girls Scouts and Homenetmen (Armenian youth organization) to get the word out about the Nature Education Program.
Task #5 Program Goals and Outcomes (Year One: 2023-2024) At least 4 bus transit trips will be provided per month from south Glendale to Deukmejian Wilderness Park for the public to explore nature education and the wilderness park (GO! Program, visits to the Stone Barn Nature Center, hiking, etc.) At least 80 participants per month will ride the bus to and from the pick-up/ drop-off locations
Task #6 Program Goals and Outcomes (Year Two: 2024-2025) At least 4 bus transit trips will be provided per month from south Glendale to Deukmejian Wilderness Park for the public to explore nature education and the wilderness park public to explore nature education and the wilderness park (GO! Program, visits to the Stone Barn Nature Center, hiking, etc.) At least 100 participants per month will ride the bus to and from the pick-up/ drop- off locations
Task #7 Program Goals and Outcomes (Year Three: 2025-2026) At least 4 bus transit trips will be provided per month from south Glendale to Deukmejian Wilderness Park for the public to explore nature education and the wilderness park public to explore nature education and the wilderness park (GO! Program, visits to the Stone Barn Nature Center, hiking, etc.) At least 120 participants per month will ride the bus to and from the pick-up/ drop- off locations
Rev: 04.12.2023 FA Local Attachment C Reporting Guidelines 1 FA ATTACHMENT C
REPORTING & EXPENDITURE GUIDELINES
REPORTING PROCEDURES
* Quarterly Progress/Expenditure Report (Attachment C-1) is required for all projects. The GRANTEE shall be subject to and comply with all applicable requirements of the funding agency regarding project-reporting requirements. In addition, GRANTEE will submit a quarterly report to the LACMTA at [email protected] or by mail to Los Angeles County Metropolitan Transportation Authority, Accounts Payable, P. O.
Box 512296, Los Angeles, California 90051-0296. Please note that letters or other forms of documentation may not be substituted for this form.
* The Quarterly Progress/Expenditure Report covers all activities related to the project and lists all costs incurred. It is essential that GRANTEE provide complete and adequate response to all the questions. The expenses listed must be supported by appropriate documentation with a clear explanation of the purpose and relevance of each expense to the project. Expenses must reflect the proportionate share of local match, including in- kind, charged to the grant.
* In cases where there are no activities to report, or problems causing delays, clear explanation, including actions to remedy the situation, must be provided. * GRANTEES are required to track and report on the project schedule. LACMTA will monitor the timely use of funds and delivery of projects. Project delay, if any, must be reported each quarter. Projects not delivered in a timely manner will be reevaluated annually by LACMTA and the Funds may be deobligated and reprogrammed by the LACMTA Board.
* The Quarterly Progress/Expenditure Report is due to the LACMTA as soon as possible after the close of each quarter, but no later than the following dates for each fiscal year:
July September November 30
October - December February 28
January - March May 31
April - June August 31
submitted.
Rev: 04.12.2023 FA Local Attachment C Reporting Guidelines 2 EXPENDITURE GUIDELINES
* Any activity or expense charged above and beyond the approved Scope-of-Work (Attachment B) is considered ineligible and will not be reimbursed by the LACMTA unless prior written authorization has been granted by the LACMTA Chief Executive Officer or his/her designee.
* Any expense charged to the grant or local match, including in-kind, must be clearly and directly related to the project.
* Any activity or expense charged as local match cannot be applied to any other LACMTA- funded or non-LACMTA-funded projects; activities or expenses related to a previously funded project cannot be used as local match for the current project. * Administrative cost is the ongoing expense incurred by the GRANTEE for the duration of the project and for the direct benefit of the project as specified in the Scope-of-Work (Attachment B). Examples of administrative costs are personnel, office supplies, and equipment. As a condition for eligibility, all costs must be necessary for maintaining, monitoring, coordinating, reporting and budgeting of the project. Additionally, expenses must not exceed ten percent (10%) of the total project cost and be reasonable and appropriate to the activities related to the project.
* LACMTA is not responsible for, and will not reimburse any costs incurred by the GRANTEE prior to the Effective Date of the FA, unless written authorization has been granted by the LACMTA Chief Executive Officer or his/ her designee.
DEFINITIONS
* Local Participation: -
than funds, the following contributions may be included:
* Costs incurred by a local jurisdiction to successfully complete the project.
Examples include engineering, design, rights-of-way purchase, and construction management costs.
* Donations of land, building space, supplies, equipment, loaned equipment, or loaned building space dedicated to the project.
* Donations of volunteer services dedicated to the project. * A third-party contribution of services, land, building space, supplies or equipment dedicated to the project.
* Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and necessary, consistent with established practices of the organization, and consistent with industry standard of pay for work classification.
* Excessive Cost: LACMTA staff would be adjusted to
please refer to the Federal Register
.
Rev: 04.12.2023 FA Local Attachment C Reporting Guidelines 3 * Ineligible Expenditures: Any activity or expense charged above and beyond the approved Scope-of-Work is considered ineligible.
Invoice #
QUARTERLY PROGRESS / EXPENSE REPORT Invoice Date
FA# 9200000000F
Quarterly Report #
GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO
[email protected]
or by mail to Los Angeles County Metropolitan Transportation Authority Accounts Payable, P. O. Box 512296, Los Angeles, CA 90051-0296 after the close of each quarter, but no later than November 30, February 28, May 31 and August 31. Please note that letters or other forms of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment C) for further information.
Grantee To Complete
LACMTA FA ATTACHMENT C-1
$$ %
Local Match (Incl.
In-Kind)
SECTION 1: QUARTERLY EXPENSE REPORT
$
Total Project Budget
Net Invoice Amount (Less
Retention)
Retention Amount
This Quarter Expenditure
Project Quarter Expenditure
Project-to-Date Expenditure
Funds Expended to Date
(Include this Quarter)
Please itemize grant-related charges for this Quarter on Page 5 of this report and include totals in this Section.
Local Match TotalLACMTA Grant
Balance Remaining
% of Project Budget
Expended to Date
Rev: 12.28.2022 1FA Prop A/C/TDA Administrative Funds Attachment C-1 Quarterly Report PROJECT TITLE:
QUARTERLY REPORT SUBMITTED FOR:
Fiscal Year : 2024-2025 2025-2026
2026-2027 2027-2028
Quarter : Q1: Jul - Sep Q2: Oct - Dec
Q3: Jan - Mar Q4: Apr - Jun
DATE SUBMITTED:
LACMTA MODAL CATEGORY:
Goods Movement
Phone Number:
E-mail:
City / Agency:
Department:
E-mail:
TDM
Transit
Signal Synchronization
Mailing Address:
SECTION 2: GENERAL INFORMATION
Contact Name:
2023-2024
Job Title:
RSTI Pedestrian
Bicycle
Name:
FA #:
LACMTA Project
Manager
Project Sponsor
Contact / Project
Manager
Phone Number:
Rev: 12.28.2022 2FA Prop A/C/TDA Administrative Funds Attachment C-1 Quarterly Report Start Date End Date
On schedule per original FA schedule Less than 12 months behind original schedule Between 12-24 months behind original schedule More than 24 months behind original schedule Yes No Not Applicable
Yes No Not Applicable
A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) :
Design
FA Milestones
Ribbon Cutting Event
List all deliverables and milestones as stated in the FA, with start and end dates. Calculate the total project duration. DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES SHOWN IN THE 2 ND AND 3 RD COLUMNS BELOW.
Grantees must make every effort to accurately portray milestone dates in the original FA Scope of Work, since this will provide the basis for calculating any project delay. If milestone start and/or end dates change from those stated in the Original FA Scope of Work, indicate the new dates under Actual Schedule below and re-calculate the project duration. However, this does not change the original milestones in your FA. PER YOUR FA AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE.
B. Was the project design started within 6 months of the date originally stated in the FA? C. Was a construction contract or capital purchase executed within 9 months after completion of design / specifications?
SECTION 3 : QUARTERLY PROGRESS REPORT
Actual Schedule
End Date
1. DELIVERABLES & MILESTONES
Original FA Schedule in Scope of
Work
Right-of-Way Acquisition
Environmental Clearance
2. PROJECT COMPLETION
Total Project Duration
(Months)
Design Bid & Award
Start Date
Construction Bid & Award
Construction
Ground Breaking Event
Rev: 12.28.2022 3FA Prop A/C/TDA Administrative Funds Attachment C-1 Quarterly Report
4. PROJECT DELAY
If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter".
5. ACTION ITEMS TO RESOLVE DELAY
List tasks or milestones accomplished and progress made this quarter.
3. TASKS / MILESTONES ACCOMPLISHED
If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resolve the delay.
Rev: 12.28.2022 4FA Prop A/C/TDA Administrative Funds Attachment C-1 Quarterly Report 1 2
3 4
5 6
7 8
9 10
11 12
13 Invoice Payment Information:
LACMTA will make all disbursements electronically unless an exception is requested in writing.
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107.
ACH Request Forms can be found at www.metro.net/callforprojects.
Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107.
Signature Date
Name Title
stated in this report is true and correct.
2. All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above).
1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant.
TOTAL EXPENSES /
CHARGES
TOTAL
$ CHARGED TO LACMTA GRANT $ CHARGED TO LOCAL MATCH
SECTION 4: ITEMIZED LISTING OF EXPENSES AND CHARGES THIS QUARTER INVOICE #
All expenses and charges, including grant and local match, must be itemized and listed below. Each item listed must be verifiable on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work. Use additional pages if needed. and that to the best of my knowledge and belief the information I certify that I am the responsible Project Manager or fiscal officer and representative of ITEM
Notes:
Rev: 12.28.2022 5FA Prop A/C/TDA Administrative Funds Attachment C-1 Quarterly Report