2021/04/29 Riverside County Transportation Commission Funding Under SB 821 Bicycle and Pedestrian Facilities Program (3)AGREEMENT No. 2l-62-107-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
ACREEMENT FOR FUNDING UNDER SB 82I BICYCLE AND
PEDESTRIAN FACILITIES PROGRAM
(Transportation Development Act Article 3; Senate Bill g2l)
This Funding Agreemenr (*AGREEMENT") is entered into as of 2021 ('.EffectiveDate"). by and between the RIVERSIDE couNTy TRANSPORTATION coMMlsstoN("RCTC') and the CITY OF MENIFEE, a municipal corporation C'RECIptEN.f,). RCTC andRECIPIENT'may be referred to herein individually as a "party" and collectively as the..parties.,,
RECITALS
RCTC is a county transportation commission created and existing pursuant to Calilomia
Public Utilities Code Sections 130053 and 130053.5.
Under RCTC's SB 821 Bicycle and Pedestrian Faciliries program ("PROGRAM'), cities and
counties in the county of Riverside are notified of the availability of pROGRAM funding
and a call for projects C'cALL FoR PROJECTS") is anticipated to be issued biennially by
RCTC.
B
C. On February l'1, 2021, a CALL FOR PROJECTS was published by RCTC seeking
applications for FY 2021122 PROGRAM funding, which applications were reviewed in
accordance with the applicable evaluarion criteria included in the cALL FoR PRoJECTS.
D. Based on the application attached as Attachment I and incorporated herein by this reference,
RECIPIENT has been selecred ro receive PRoGRAM funding for its proposed Lazy CreekPark Pedestrian Project ("PROJECT").
E' Funding lor the PRoJECT shall be provided pursuant to the terms contained in this
ACREEMENT and pursuanr to applicable PROCRAM policies adopted by RCTC, which are
attached hcreto and incorporated herein as Attachment 2
Now, THEREFORE, in consideration ol'the preceding recitals and the mutual covenants and
consideration contained herein, the Parties mutually agree as lollows:
l. Incorooration of Recitals 'I'he Parties acknowledge and agree that the above recitals are true
and correct, and hereby incorporate those recitals by this reference into the AGREEMEN'f
2. RCTC F'undins Amount. RC'l'C hereby agrees to distribute to the RECIPIEN'l', on rhe terms
and conditions set forth herein, a sum not to exceed Eighty-Eight 'lhousand 'fhree Hundred
Eighty-One Dollars ($88,381), to be used exclusively for reimbursing the RECIPIENT for
eligible expenses as described herein ("FUNDING AMOUNT"). RECIPIENT'acknowledges
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and agrees that the FUNDING AMoUN'l' may be less than the actual and final cost of thePROJECT, which final cosrs are the sole responsibility of RECIpIENT, and RCTC will not
contribute PROGRAM funds in excess of the maximum authorized in this Section 2 unless
otherwise mutually agreed to in writing by the pARTIES. In the event the FUNDING
AMOUNT is not fully utilized by RECIPIENT for the pRoJECT. rhe unused FLNDING
AMOLJNT must bc retumed to RCTC within ninety (90) ninety days of a written request by
RCTC unless Rt,cIPIENT can demonstrate in writing. subject to written approval by RC1-cin its sole discretion, the following: (i) valid reason for why pROJECT
"osts *"r"
signilicantly lower than the estimate included in RECIpIENT's attached application fbr
flunding, and (ii) written proposal for how any unused FLiNDING AMouNT wlil be used lor
a proposal to support the PRoJECT or other use that supports the goats and requirements of
the PROGRAM.
expressly permitted under Article 3 of the Transportation Devetopment Act and rhe pRoGRAM
policies shall be considered ineligible for REIMBURSEMENT. [n the evenr the SCopE oFwoRK needs to be amended, RECIPIENT shall submit a letter requesting such amendment, the
reasons for the requested change and confirmation that costs associated with the proposed
amendment are eligible for PRoGRAM reimbursement for written approval by RCTC, which
approval is subject to RCTC's discretion.
In the event of any ambiguity between this AGREEMENT, PROGRAM policies, and applicable
law, the following order of precedence will govem: (l) Applicable law; (2) pROCRAM policies;(3) this AGREEMENT. In the case ol any conflict between this Agreement and any of its
attachments, the body of this Agreement shall govem.
2.1 E,lieible Proiect Costs Reimbursement lor PROJECT costs
C'REIMBURSEMENl'") may only include those items expressl y allowed for under Article 3 olthe Transportation Developmenr Act (California public Utilities Code section 99200 e/ seq.),which provides that funding shall be allocated for the construction, including related engineering
expenses, of facilities based on the PROCRAM policies adopted by RCTC, provided that such
items are included in the scope of work included in the application.attached as Attachm enl I
c'sco PE OF WORK*). All PROJECT costs not included in the SCOpE OF WORK and not
2.2 Timins for Pro iect Comoletion ln accordance with the PROGRAM
policies attached hereto as Attachment 2, RECIPIENT has thirty six (36) months to complete the
PROJECT from the date of rhis AGREEMENT, unless otherwise agreed ro in writing by the
PARTIES. If the PROJECT is not completed within 36 months, RCTC shall have the sole
discretion to delete the PRoJECT' lrom the PROGRAM and reprogram the funding for future
approved PROGRAM projects. RECIPIENT will not be reimbursed until the pROJECT is
accepted as complete in writing by RCTC following the submission ol the pROGRAM funding
claim form ('CLAIM FORM") attached hereto and incorporated herein as Attachment 3. In the
event additional time is needed for the completion of the PROJECT, RECIPIENT may submit a
letter to RCTC requesting an extension of time to complete the PRoJEC'I with an explanation ol
why the PROJECT cannot be completed under the existing schedule for completion included as
Attachment I , attached hereto and incorporated herein. Before and alter PROJECT photographs
must be included with the CLAIM FORM upon PROJECl completion, as well as copies of paid
invoices and any other backup requested for repayment and audit purposes.
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2.3 Increases in Proiect Fundin The FUNDING AMOUNT may, at
RCTC's sole discretion, be augmented with additional PROGRAM funds and local agency
match funds proportionate to the amounts included in Section 3 if there is a FUNDING
AMOUNT balance and the RECIPIENT provides justification as to the reason lor the funding
increase. Any such increase in the FUNDING AMOUNT must be approved in writing by
RCTC's Executive Director and RCTC shall be under no obligation whatsoever to approve any
increase in the FUNDING AMouNT. No such increased funding shall be expended io pay lor
any PROJECT work already completed.
2.4 Cost Savinss. In the event that bids or proposals for the pROJECT are
lower than anticipated, or there are cost savings for any other reason, the FUNDING AMouNT
shall be reduced through an amendment to the AGREEMENT mutually agreed to in writing by
the Parties. RECIPIENT shall inform RCTC olany cost savings and any cost savings shall be
retumed to RCTC or may be reprogrammed with written approval by RCTC for other
RECIPIENT projects that align with the PRoGRAM. No PRoCRAM funding may be used lor
projects not approved by RCTC. If RECIPIENT provides a local match commitment and there
are cost savings on the PROJECT, RCTC will still be reimbursed at the matching rario as
presented in the Project application despite such cost savings in accordance with pRocRAM
po lic ies.
2.5 No Fundins for Temporary Improvements. Only segments or components
of the PRoJECT that are intended to form part of or be integrated inro the pROJECT may be
funded by PROGRAM funds. No improvement(s) which is/are temporary in nature, including
but not limited to temporary lanes, curbs, or drainage facilities, shall be funded with pROGRAM
funds except as needed for staged construction ofthe PROJECT.
2.6 Review and Reimbursem ent bv RCTC Upon receipt of the final detailed
invoice from the RECIPIENI'clearly documenting work completed and corresponding costs,
RCTC may request additional documentation or explanation of the SCOPE OF WORK costs for
which reimburscment is sought. Undisputed amounrs shall be paid by RCTC to the RECIpIENT
within thirty (30) days. In the event that RC'I'C disputes the eligibility of the RECIpIEN't' for
reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an
attempt to resolve the dispute. Additional details conceming the procedure for the
RECIPIENT's submittal of invoices to RCTC and RCTC's consideration and payment of
submitted invoices are set forth in Attachment 3.
lnient's Fundins Oblisation to Como ete the Work. ln the evenl that
the PROGRAM funds allocated to the SCOPE OF WORK represent less than the total cost of the
PROJECT, RECIPIENT shall be solely responsible for providing such additional funds as may
be required to complete the PROJECT. RCTC has no obligation with respect to the safety of any
SCOPE OF WORK performed at a PROJECT site. Further, RCTC shall not be liable for any
action of RECIPIENT or its contractors relating to the condemnation of property undertaken by
RECIPIENT or construction related to the PROJECT.
2.7 Rec
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completed in accordance with the PRoGRAM requirements or this AGREEMENT, RECIPIENI'
agrees that any PROGRAM funds distributed to RECIpIENT for rhe pRoJECT shall be repaidin full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonablerepayment schedule and repayment mechanism which may include, but is not limited to,withholding of Measure A Local streets and Roads revenues, if applicable. RECIPIEN'|acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local
Streets and Roads revenues due to RECIPIEN'|, in an amount not to exceed the total of thePROGRAM funds distributed to RECIPIENT, and./or initiate legal action to compel repayment,if the RECIPIENT fails to repay RCTC within a reasonable time period not io exceed onehundred eighty (180) days, including any good faith negotiations, irom receipt of writennotification from RCTC that repayment is required due to failure to comply with th; PROGRAM
policies or this AGREEMENT.
2.8 R cclnient's Oblisation to Reoav Procram Funds to RCTC. tn the event iris determined , whether through a post-completion audit or otherwise, the PROJECT was not
2-9 Records Retcntion and Audits RFICIPIENT shall retain all PROJECT'
3. Recioient's LocaI Match Contribution RECIPIENT shall provide at leasr Eighty-Eight
lars ($88,381) of funding toward the SCOPE OFThousand Three Hundred Eighty-One Dol
woRK, as indicated in RECIPIENT'S application attached as Arlachment I and submittedto RCTC in response to its CALL FoR PROJECTS. RECIPIENT costs relared ro (i)
preparation and administration costs related to invoices, billings and payments; (ii) anyRECIPIENT fees attributed to the processing of the SCopE oF woRK; and (iii) expenseifor items not included within the attached SCOPE oF woRK shall be borne solely iy the
RECIPIENT and shall not qualily towards RECIPIENT's local match requirement in this
Section 3.
4. Term: The term of this AGREEMENT shall be from the date first herein above written until:(i) the date RCTC formally acceprs the PROJECT as complete, pursuant to Section 2.2; (ii)
termination of this AGREEMENT pursuant to Section l4; or (iii) RECIPIENT has fully
satisfied its obligations under this AGREEMENT. All applicable indemnification and
insurance provisions of this AGREEMENT shall remain in effect lollowing the termination
Of thiS AGREEMENT.
5. Recipient Responsibilities. RECIPIEN'l' shall be responsible for all aspects of the
PROJECT, in compliance with all applicable srate and federal laws, including: (i)
development and approval of plans, specifications and engineer's estimate in accordancewith all applicable laws, regulations and building codes; obtaining any necessary
records in an organized manner for a minimum of three (3) years following completion of thePROJEC'I. PROJECT records shall be made available for inspection by ncic upon requesr. lfa post PROJECT audit or review indicates that RCTC has provided reimbuisement to the
RECIPIENT in an amount in excess of the maximum PROGRAM provided for in this Section 2,or has provided reimbursement ol ineligible PRoJECT costs, the RECIPIENT shall reimburse
19TC fol the excess or ineligible pa),rnents within thirty (30) days ol notification by RCTC.
This Section 2.9 does not supersede any rights or remedies provided to RCTC under Section 2.g
or applicable law.
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6. Indemnification.RECIPIENT shall defend, indemnify and hold RCTC, its ofllcials,
environmental clearances; right of way acquisition; and, obtaining all permits required by
impacted agencies prior to commencement ofthe PRoJECT; (ii) all aspects of procurement,
contracting, and administration of the contracts and claims for the pRoJECT; (iii) all
construction management of any construction activities undertaken in connection with the
IROJEII1 including surveying and materials testing; and, (iv) development of a budget for
the PROJECT and SCOPE oF woRK prior to award of any contract for the pROJECT.
taking into consideration available lunding, including pROGRAM funds.
governing board members, officers, employees, agents, and consultants free and harmless
from any and all claims, demands. causes ofaction, costs, expenses, liability, loss, damage orinjury of any kind, in law or equity, to propeny, persons or govemment funding agency,
including wrongful death, to the extent arising out ol or incident to any inteitio-nal or
negligent acts, errors or omissions of the RECIpIENT, its officials, officers, employees,
agents, and consultants related to a breach of this AGREEMENT or any act or omission
arising olt of the activities govemed by this AGREEMENT. RECIPIENT'S obligation to
indemnify includes without limitation the payment of all consequential damages and
reasonable attomeys' flees, expert witness fees and other related costs and expenses ofdeltnse. RECIPIENT shall deflend, at its own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against RCTC, its oflcials, officers, employees, agents, and consultants in
connection with this AGREEMENT. RECIPIENT shall pay and satisly any judgment, award
or decree that may be rendered against RCTC, its officials, officers, employees, agents, and
consultants in any such suits, actions or other legal proceedings, including any settlement.
RECIPIENT's obligation to indemnify shall not be restricted to insurance proceeds.
Expenditure of Funds by Recioient Prior to Execution of Asreement. RECIpIENT may
commence the Project starting July l, 2021 , and costs incurred following such date will be
eligible for reimbursement under this AGREEMENT, provided they otherwise meet the
requirements herein, and provided that this AGREEMENT is executed no later than october
1.2021.
7
8.C Do l1'l liance with Aoolicable Laws and Insurance RECIPIENT agrees to comply with all
applicable laws and regulations. including public contracting laws, requirements for any local
state or federal lunding used, and records retention and performance reporting requirements
conceming the SCOPE OF WORK and PROJEC'|, which applicable laws and regulations
shall be passed on to contractors by RECIPIENT as applicable. RECIpIENT shall have the
responsibility of making sure the appropriate amounts of insurance are included in all
applicable agreements for the construction ofthe PROJECT and RCTC shall be named as an
Additional Insured on all insurance certificates obtained for the completion of the pROJECT.
PROJECT insurance funds shall be looked to first for the repayment of any claims
determined to have merit.
Page 5 of 10
9. Representatives of the Parties. RCTC's Executive Director, or his or her designee. shall
serve as RCTC's representative and shall have the authority to act on behalf of RCTC for all
purposes under this AGREEMENT. RECIPIENT's representarive shall be the individuat
identificd in the Project application as RECIPIENT'S represenrative to RCTC.
RECIPIENT'S representative, or designee, shall have the authority to act on behalf of
RECIPIFIN'f for all purposes under this AGREEMENT and shall coordinate all activities
with RCTC conceming the SCOPE OF WORK under the RECIPIENT's responsibility.
RECIPIENT shall work closely and cooperate lully with RCTC's representative and any
other agencies which may have jurisdiction over or an interest in the PROJECI-.
10. Monitorins of Proqress bv RC'l'C RECIPIENT shall allow RCTC's designated
representative, or designee, to inspect or review the progress ol the work at any reasonable
time with prior written notice by RCTC. RCTC may requesr that the RECIPIENT provide
RCTC with progress reports conceming the status of the SCOPE OF WORK and PROJECT
completion.
I l. Bindins on Successors in lnlcrest Each and every provision of this AGREEMENT shall be
binding and inure to the benefit of the successors in interest of the Parties. Due to the
specific obligations contemplated herein, this AGREEMENT may not be assigned by any
Party hereto except with the prior written consent of the other Party.
12. Independent Contractors. Any person or enrities retained by RECIPIEN'f or any contractor
shall be retained on an independent contractor basis and shall not be employees of RCTC.
Any personnel performing services on the PROJECT shall at all times be under the exclusive
direction and control of the RECIPIENT or contractor, whichever is applicable. The
RECIPIENT or contractor shall pay all wages, salaries and other amounts due such personnel
in connection with their performance ofl services on the SCOPE OF WORK and as required
by law. 'l'he RECIPIENT or contractor shall be responsible for all reports and obligations
conceming such personnel, including, but not limited to: social security taxes, income tax
withholding. unemployment insurance and workers' compensation insurancc.
13. Conflicts of Interest. For the term of this AGREEMENT, no member, officer or employee of
RECIPIENT or RCTC, during the term of his or her service with RECIPIENI'or RCTC, as
the case may be, shall have any direct interest in this ACREEMENT, or obtain any present or
anticipated material benefi t arising therefrom.
14. Termination. This AGREEMENT may be terminated for cause or convenience as further
specified below.
14.l Termination for Convenience. Either RCTC or RECIPIENT may, by
written notice to the other party, terminate this AGREE,MENT, in wholc or in pan, for
convenience by giving thi(y (30) days' written notice to the other party of such termination and
specifying the effective date thereot'.
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14.2 Effect of Termination for Convenience. In the ev€nt that RECIPIENT
terminates this AGREEMENT for convenience, RECIPIENT shall, within 180 days, repay to
RCTC in full all PROGRAM funds provided to RECIPIENT under this ACREEMENT. ln the
event that RCTC terminates this ACREEMENT for convenience, RCTC shall, within 90 days,
distribute to the RECIPIENT PROCRAM funds in an amount equal to the aggregate total of all
14.3 Termination for Cause. Either RCTC or RECIPIENT may, by written
notice to the other party, terminate this AGREEMENT, in whole or in part, in response to a
material breach hereof by the other Party, by giving written notice to the other party of such
termination and specifying the effective date thereof. The written notice shall provide a thirty(30) day period to cure any alleged breach. During rhe 30 day cure period, the parties shall
discuss, in good faith, the manner in which the breach can be cured.
unpaid invoices which have been received from RECIPIENT regarding the SCopE, oF woRK
l'or the PROJECT at the time of the notice oltermination; provided, however, that RCTC shall be
entitled to exercise its rights under Section 2.6, including but not Iimited to conducting a review
of the invoices and requesting additional information from RECIpIENT. This AGREEMENT
shall terminate upon receipt by the non-terminating party of the amounts due it under this
Section 14.
14.4 Elfect of Termination for Cause. In the event that RFICIPIENT terminates
this AGREEMENT in response to RCTC's uncured marerial breach hereof, RCTC shall, within
ninety (90) days, distribute to the RECIPIENT PROGRAM funds in an amount equal 1o the
aggregate total ofall unpaid invoices which have been received lrom RECIpIENT regarding the
SCOPE OF WORK for the PROJECT at the time of the notice of termination. [n the event rhar
RCTC terminates this AGREEMENT in response to the RECIPIENT's uncured material breach
hereof, the RECIPIENT shall, within one hundred eighty (180) days, repay to RCTC in lull all
PR0GRAM funds provided ro RECIPIENT under this AGREEMENT. Notwithstanding
termination of this AGREEMENT by RCTC pursuant ro this section 14.4. RCTC shall be
entitled to exercise its rights under Section 2.6, including but not limited to conducting a review
of the invoices and requesting additional information. This AGREEMENT shall t€rminate upon
receipt by the term inating Party of the amounts due it under this Section I 4.4.
l,4.5 No Proqram F ll'lg In the event that RCTC determines therc are
inadequate PROGRAM funds for whatever reason, RCTC shall have the ability to immediately
terminate the AGREEMENT with written notice to RECIPIENT. In rhe event that RCTC
tcrminates this AGREEMENT under this Section 14.5, RCTC shall, within 90 days, distribute to
thc RECIPIENT PROGRAM I'unds in an amounr equal to the aggregate total of all unpaid
invoices which have been received from RECIPIENT regarding the SCOPE, OF WORK for the
PROJECT at thc time of the notice of termination; provided, however, that RCTC shall be
entitled to exercise its rights under Section 2.6. including but not limited to conducting a review
olthe invoices and requesting additional information from RECIPIENT.
14.6 Cumulative Remedies. The rights and remedies of the Parties provided in
this Section l4 are in addition to any other rights and remedies provided by law or under this
AGREEMENT.
15. Notice. All notices hereunder shall be in writing and shall be effective upon receipt by the
other Party. All notices and communications, including invoices, between the Parties to this
AGREEMENT shall be addressed as set tbrth below and provided by any of the following
methods (i) personally delivered; (ii) sent by electronic mail, with a subject line clearly
identilying this AGREEMtjNT, read receipt requested, and a cc: provided to the identified
PaBe 7 of L0
staff; (iii) sent by first-class mail, retum receipt requested; or (iv) sent by overnight express
delivery service with postage or other charges fully prepaid. Notwithstanding the foregoing,
notices of dispute or termination sent by electronic mail must be followed by hard copy
mailed notice to be effective.
TO RCTC:TO RT],CIPIENT
Anne Mayer
Executive Director
RCTC
4080 Lemon Street, 3rd Floor
Riverside, Califomia 9250 I
Phone: (951) 787-7141
e-mail: amayer@rctc.org
Armando Villa
City Manager
City of Menifee
29844 Haun Rd
Menifee. CA 92586
(9s1) 672-6777
avil la@cityofmenifee.us
cc: JChan@RCI'C.org
Any party may update its address and contact information by providing written notice olthe
new information to the other Parties in accordance with this Section 15.
16. Prevailine Wages. RECIPIENT and any other person or entity hired to perform services on
the SCOPE OF WORK are alerted to the requirements of California Labor Code Sections
1770 et 999., which require the payment of prevailing wages where the SCOPE OI.' WORK
or any portion thereof is determined to be a "public work," as defined therein. RECIPIENT
shall ensure compliance with applicable prevailing wage requirements by any person or
entity hired to perform the SCOPE OF WORK or any portion thereof falling within the
definition of "public work." RECIPIENT shall defend, indemnify, and hold harmless RCTC,
its officers, employees, consultants, and agents from any claim or liability, inctuding without
limitation reasonable attomeys' fees, arising from any failure or alleged failure to comply
with California Labor Code Sections 1770 et ;9g. on the PROJECT.
ual O ortuni mt7.nt. The Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant for employment
because of race, religion, color, national origin, sexual orientation, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
18. Entire Agreement. This AGREEMENT embodies th€ entire undersranding and agreement
between the Parties pertaining to the matters described herein and supersedes and cancels all
prior oral or written agreements between the Parties with respect to these matters. Each Party
acknowledges that no Party, agent or representative ofthe other Party has made any promise,
representation or warranty, express or implied, not expressly contained in this
ACREEMENT, that induced the other Party to sign this document. Modifications to this
ACREEMENT shall be in the lorm of a written amendment executed bv authorized
representatives ofthe Parties to be bound.
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19. Governing Law and Severability. This AGREEMENT shall be govemed by, and be
construed in accordance with, the laws of the state of califomia. If any portion of this
AGREEMENT is found to be unenforceable by a court of law with appropriate jurisdiction,
the remainder of the AGREEMENT shall be severable and survive as binding on the Parties.
20. Attornevs' Fees. Ifl any legal action is initiated for the enforcement/interpretation of this
AGREEMENT, or because of any alleged dispute, breach, default or misrepresentation in
connection with any of the provisions of this ACRE,EMENT, the successful or prevailing
pany shall be entitled to recover reasonable attomeys' fees, witness fees and other costs
incurred in that action or proceeding, in addition to any other reliel to which it may be
entitled as determined by a court ol law or appointed decider under altemative legal
proceedings.
2l . No ]'hird Partv Beneficiaries There are no intended third party beneficiaries of any right or
obligation assumed by the Parties.
22. Section Headinss and Intemrctlltion The section headings conlained herein arc for
convenience only and shall not alfect in any way the interpretation of any of the provisions
contained herein. The AGREEMENT shall not be interpreted as being drafted by any party
or its counsel.
23. No waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any
of the terms, covenants or conditions in this ACREEMENT shall not be deemed a waiver of
such term, covenant or condition, nor shall any waiver or relinquishment of any rights or
powers hereunder at any one time or more times be deemed a waiver or relinquishment of
such other right or power provided under applicable law.
24. T'ime of Essence. 'l'ime is of the essence for each and every provision of this AGREEMENT.
25. Counterparts. This AGREEMENT may be executed in any number of counterparts, each of
which shall be deemed to be an original, but all which together will constitute but one
agreement.
[SIGNATURES ON NEXT PAGEI
Page 9 of 10
26. F-orm of Sienatures. A manually signed copy of this Agreement which is transmitted by
lacsimile, email or other means ol'electronic transmission shall be deemed to have the same
legal effect as delivery ofan original executed copy of this Agreement for all purposes. This
Agreement may be signed using an electronic signature.
IN wlrNESS WHEREOF, the Panies have caused this ACREEMENT to be signed by their
duly authorized representatives as ofthe Effective Date.
RCTC RECIPIENT
SIGNATURE PAGE
TO
AGREEMENT NO. 2I.62-IO7.OO
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN
FACILITIES PROGRAM
CITY OF E I
Ilv:
Name: Anne Maycr
Title:ve Director
APPROVED AS TO FORM
5u*". Steven C. DeBaun
-1-;1;s. GeneralCounsel
By:
Name: KN hz
l-d. ttti*
LLF Ci-Av 16
Title: AtttSTAN /Yl+M6LAf ctlY
APPROVED AS TO FORM
By:
Nu,n", -J.SF [t<
Title:A*
A. Ma
Clerk
(
,
tlv:
Page 1"0 of 10
I tuauqrellv
(cwrcNnl uoJ NolJVlnddv JNErdrlgu)
I INXl^IH]VIIY
FY?U22 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
IAZY CREEK PARK PEDESTRIAN PROJECT
A. SCOPE OF WORK (500 Charactersl
The Lazy Creek Park Pro.iect consists of reconstruction of eleven (11) ADA ramps along with
installation of truncated domes and installation of high visibility cross walks at two (2) different
locations.
The first set of non-compliant ramps will be upgraded to the latest ADA requirement (truncated
domes) and installed at the following locations:
. SE ramp at Oakbridge Dr and Lazy Creek Rd (1)
. SW ramp at Oakbrid8e Dr and Lazy Creek Rd (1)
The second set of non-compliant ramps will be upgraded to the latest AOA requirement (truncated
domes) and installed at the following locations:
. NE ramp at Zuma Way and Lazy Creek Rd (1)
. NW ramp at Zuma Way and Lazy Creek Rd (1)
The third set of non-compliant ramps will be upgraded to the latest ADA requirement (truncated
domes) and installed at the following locations:
. NE ramp at Brookfield Dr and Lazy Creek Rd (1)
. NW ramp at Brookfield Dr and Lazy Creek Rd (1)
The fourth set of non-compliant ramps will be upgraded to the latest ADA requirement (truncated
domes) and installed at the following locations:
. N ramp at Evans Rd and Apple Creek Rd (1)
. S ramp at Evans Rd and Apple Creek Rd (1)
The fifth set of non-compliant ramps will be upBraded to the latest ADA requirement (truncated
domes) and installed at the following locations:
. N ramp at Evans Rd and Moondance Way (1)
. S ramp at Evans Rd and Moondance Way (1)
The sixth set of non-compliant ramp(s) will be upgraded to the latest ADA requirement (truncated
domes) and installed at the following location(s):
. SE ramp at Evans Rd and Lazy Creek Rd (1)
The high visibility cross walks will be installed at the following locations
. Evans Rd and Lazy Creek Rd lntersection (2) (10ft wide)
. Evans Rd and Newport lntersection (a) (10ft wide)
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FY2L|22 SB 821 Bicycle and Pedestrian Facilities program
BIENNIAL CALL FOR PROJECTS APPLICATION
LAZY CREEK PARK PEDESTRIAN PROJECT
D. PROJECT BACKGROUND & PROJ ECT DESCRIPTION
Describe the project background and the existing conditions ofthe larger project area and or project
vicinity. Discussion can include background information on current roadway configuration, missing bike
and pedestrian facilities, and importance of project to local active transportation users. lf possible,
provide photographs of existing conditions.
Describe the project in its entirety. lnclude the purpose and need, benefit, and location of the project.
Provide a map showing existing and proposed project improvements. lf available, provide typical cross-
sections showing vehicular lane widths, active transportation facilities width, and any landscaping or
lighting features.
Lazy Creek Park is a medium-sized park near the center of Menifee and is predominantly accessed via
Lazy Creek Road. Lazy Creek Park is primarily surrounded by residential land use; however, it is located
only.03 miles away from the Kay Ceniceros Senior Center and .08 miles from Evans Ranch Elementary
School & State Preschool which have an enrollment of 662 students. Lazy Creek Park features one multi
use field, two half-court basketball courts, a picnic area, volleyball court, children,s playground,
restrooms, and parking. ln addition, Lazy Creek Park will also feature a newly renovated Recreation
Center, The project location has .6 miles of missing sidewalk,4 missing curb ramps and has reported 4
pedestrian collisions and 2 bicycle collisions. The proposed project is mainly important to this
community due to the proximity it has to other recreation centers, shopping centers, schools, and
restau rants.
ln order to discourage drivers from encroaching into crosswalks, the city of Menifee is looking at
installing six (6) 10 ft wide high visibility cross walks at two main crossing locations, in which the safety
and capacity of adjacent intersections may create a situation in which crossing the street would be
dangerous (Evans Rd & Lazy Creek Rd) (Evans Rd & Newport Rd). Currently, the Menifee Union School
District does not provide home-to-school transportation to their students (approximately 1,300, of
which 662 students belong to Evans Ranch Elementary school located .8 miles away from the proposed
project location). Students who are currently walking to and from school and to the nearby recreation
center (which offers after school programs) would benefit from the proposed project improvements.
To come into compliance with the California Euilding Code, the City of Menifee is also proposing the
upgrade of eleven (LL) ramps that are non-ADA compliant and installation of truncated domes at each
ramp. Proposed upgrades would benefit anyone who is visually impaired and those who may fall under
the American with Disabilities Act.
Typical cross sections include Newport Rd and Evans Rd and Lazy Creek and Evans Rd. There is existing
streetlights throughout the proposed project site.
FY21.122 SB 821 Bicycle and Pedestrian Facilities program
BIENNIAL CALL FOR PROJECTS APPLICATION
IAZY CREEK PARK PEDESTRIAN PROJECT
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MENIFEE
New Better. Best.
IAZY CREEK PARK: PROPOSED PROJECI TMPROVEMENIS
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BIENNIAL CAIT FOR PROJECTS APPTICATION
LAZY CREEK PARK PEDESTRIAN PROJECT
Tlre i@nd set of nqn-complaant rdmpj wrllbc upgrad€d toth€ latest ADA requarement (truncatad
domcrland instaltcd at thc follotrring location5:r NE rdmp.t Zum. Way and L.zy Creek Rd (1). W Iamp at Zuma WaV and t-izy Cree* Rd {l)
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Th€ ttird ser ot norFcompli.m ra.npr wil be upgrdded to t E tat€* ADA rcquircmcm (t unc.tcd dqnE5l
and innal€d at th. follo\ ing locdtions:
. llE r.mp at EroomeH Dr and Laty C.rett Rd (l)
. NW ramp at E{ootfidd Dr and 1.ry Creek Rd t1l
IAZY CREEK PARK: EXISTING CONDITTONS
TtE frri 'et of nor-compli.nt .amps wil bc upgrdded to lh. latest ADA requiremem (trlrEat€d donres)
and inst.lled ar dE fotlowing to6tion5:. St .amp ar Oatbrldg€ Dr and t-.zy creek Rd (1). SW ramp Ortbriec 0r..l.l t zy Cr.e* Rd {1)
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FY2L|22 SB 821 Bicycle and Pedestrian Facilities program
BIENNIAL CALL FOR PROJECTS APPLICATION
LAZY CREEK PARK PEDESTRIAN PROJECT
Th€ tullth s€l of no.Ko.nptiint ramE wilt be qgrdded to the tatcsr A.DA requircrneot {truncated
domcs) and ift'tafl.d at thc foltos4ng lo(llions:
The fifii set of nort<ompliant ramps uri be upgrded to th. lnten ADA requirement (truncated domes)
and installed al t E follouing locatioo5:
. N rarnp at Ev.ns Rd arld l!,loondanc€ Way (1). S ramp at Ev.n5 Rd afit M@ndanceWaV (l)
Th€ rixth set of non-comdaaar rarlp{s) wil bG upgraded to tie hcst ADA requirement (lrurEated
(bmes) aM insrallcd at rhe foatowing lcatbn(rl:. SE ramp at Eyan5 Rd and t"azy Creet Rd (ll
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FY21-l22 SB 821 Bicycle and pedestrian Facilities program
BIENNIAL CALL FOR PROJECTS APPLICATION
IAZY CREEK PARK PEDESTRIAN PROJECT
The higtr visibilrty crost watks wilt be in5ta0ed it dE follorrihg tocation5
Evanr Rd ard tary Cr..* Rd tnte.s€dim (2) (10ft widel
tvans Rd and tlsi,port lnre.sertiqr (41 (10fr wid€l
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BIENNIAL CALL FOR PROJECTS APPLICATION
LAZY CREEK PARK PEDESTRIAN PROJECT
Briefly summarize and list all the destinations served by the proposed project. provide a project
vicinity map identifying all the destinations served by the proposed project within a,l mile or a
2-mile radius. Destinations are schools or higher education facilities, commercial centers,
municipal or any other civic centers, medical facilities, and recreationalcenters.
For pedestrian projects, the destinations need to be within % mile radius to be eligible. For bicycle
or multi-use trail projects, destinations need to be within a 2-mile radius. Each destination served
will receive 3 points each.
On the map, prcvide a% mile buffer or a 2-mile buffer surrounding the project site. Maps without
the marked buffer will receive half of its eligible points.
E. DESTINATIONS SERVED (2 points for each destinatiot served, max 14 pointsl
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aq uo3 outhollol aq!' alua) afi) oyo puD ,sJatual p4pau ,sLuA6 ,spoq)s , alua) uoBDaDa)
'epDd 'statuar dutddor.qs pra^as uaahtaq paprol Allu)uar s! pa[ord )pDd \aa) lzol aq1
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FY21.122 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
LAZY CREEK PARK PEDESTRIAN PROJECT
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FY21.122 SB 821 Bicycle and Pedestrian Facilities program
BIENNIAL CALL FOR PROJECTS APPLICATION
LAZY CREEK PARK PEDESTRIAN PROJECT
Describe the extent to which the proposed project will increase safety for the non-motorized
public. Additionally, explain any safety enhancement features included in the project scope, suchas rectangular rapid flashing beacons, bicycle box (see
httos://safet fh wa. d ot. eo /orovencou ntermea 5U res ). lnclude information about project
characteristics such as: no existing shoulder within project limits, no existing/pla n ned sidewalk
or bikeway adjacent to the project, etc. Applicants may wish to consider including documented
pedestria n/bicycle collision or injury history, most current and valid g5th percentile speed of
motorized traffic in project limits, photos of existing safety hazards the project will address,
existing pedestria n/bicycle traffic counts, student attendance figures for school served by
proiect. Additionally generate a collision heat map for the project site using collision data from
the last ten years. Heat map can be generated using the ATp Maps & summary interface from
rMs (httos://tim s. berkelev.edu/)or Crossroads.
The proposed project would generate an active transportation network that ensures residents
of all ages and abilities have access to safe streetscapes, especially the more vulnerable sectors
of our community, such as low-income populations, children, and seniors whose primary mode
of transportation is walking, biking, and public transportation.
By completing the Lazy Creek Park Project, the non-motorized infrastructure would allow users
of all ages and a bilities to access transit, commercial and employment centers, neighborhoods,
parks, and schools to provide a viable alternative for transportation to reduce vehicle miles
traveled and traffic congestion. The proposed project would also develop non-motorized
multimodal resources that will meet both commuter and recreation needs, including bicycle
support facilities once they meet their destinations. Evans Ranch school has a population of
662 student while Bear River has an estimated student population of 250 students. This is a
pre-developed area, sidewalk and lighting fixtures are existing.
F. SAFETY (15 points)
FY2L(22 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
1AZY CREEK PARK PEDESTRIAN PROJECT
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BIENNIAL CALL FOR PROJECTS APPLICATION
TAZY CREEK PARK PEDESTRIAN PROJECT
G. MULTIMODAL ACCESS I1 ooint each, max 5 ooints)
ln a project vicinity map, identify all the bus routes, Metrolink stations, park-and-ride facilities,
bicycle lanes, sidewalks or crosswalks improved by the proposed project within a% mile or aZ-
mile radius. For pedestrian projects, these amenities need to be within % mile radius to be
eligible. For bicycle or multi-use trail projects, amenities need to be within a 2-mile radius. Each
amenity will receive l point. On the map, provide a % mile buffer or a 2-mile buffer surrounding
the project site. Maps without the marked buffer will receive half of its eligible points. Discuss
how the project along with its nearby amenities encourage multi-modalism. Briefly summarize
and list allthe bus stops, Metrolink Stations, park-and-ride facilities, missing bicycle or sidewalks,
or crosswalks en ha nced by the proposed project and indicate if the items are existing or planned.
FYZUL2 SB 821 Bicycle and Pedestrian Facilities program
BIENNIAL CALL FOR PROJECTS APPTICATION
LAZY CREEK PARK PEDESTRIAN PROJECT
The project location contains bicycle lanes along the main road (Newport Rd) and is located within an
active Bus route. The bus route currently connect this are of Menifee to vital locations such as the
nearby community college and the Temecula mall,a s well as docto's offices and recreation areas. This
project contains no missing side walks and we are proposing the improvement of six (5) crosswalks.
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FY27l22 SB 821 Bicycle and Pedestrian Facilities program
BIENNIAL CALL FOR PROJECTS APPLICATION
J. CERTIFICATION
I certify that the information presented herein is complete and accurate and, if this agency
receives funding, it will be used solely for the purposes stated in this application and following
the adopted policies. lf awarded, agency is committed to executing the Memorandum of
U nd erstand ing w Riversi y Transportation Commission by Octob et L, 2O2L.
Signature Title
Date
Appendix A: Commitment to Local Match
Appendix B: En8ineers Estimate
Appendix c: lf applicable, copies of completed environmental document, title sheet, or right-of-
way clearance.
Deyrhlfimw,^ \
MEN!FEE
New. Better. Best.
April 8,2021
Riverside County Transportation Commission
4080 Lemon St.
Riverside, Ca 92501
Sincerely,
29844 Ha!o Ro.d Menrfee. CA 92586
951 6)2.677? Fax 951-679 3843
cityormenifee.us
RE: FY21l22 SB 821 Bicycle and pedestrian Facilities program
To Whom it may concern,
As part of the FY21l22 SB 821 Bicycle and Pedestrian Facilities Program application process, leveragingof additional funds for a desired project is highly encouraged by thJCommission. The City of Menifee iscommitted, subiect to council approval, to leverage funds for the Lazy Creek Park, should lhe applicationbe approved.
The total estimated project cost is $176,761.20; therefore, the City of Menifee wilt leverage 50% of thetotal project cost or $88,380.60. The City will meet this financial commitment through-the followingdifferent funding sources:
- Measure DD (local sales tax)- Measure A
lf you have any questions about our local funding commitment, please do not hesitate to call me at(951) 672-6777.
e/ Wend
Deputy Finance Director
Matt Liesemeyer
Dlstr ct 2
Greg August
D 5lr,at I
gill Zimmerman
tvl4r ! or
Lesa A. Sobek
Corrna ln)IrIlrlfer
Drstr at 3
DeEn Deines
Councilnrerr,ber
DrStrict 4
Armando G. Villa
City M,rraqef
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ATTACHMENT 2
(PROGRAM POLICIL]S)
TransDortation Deve loD ment Act Policies
1. Up to 57o of Article 3 apportionment can be used to supplement other funding sources
used lor bicycle and safety education programs; the allocation cannot be used to fully
fund the salary of a person working on these programs.
2. Article 3 money shall be allocated for the construction, including related engineering
expenses, ofthe facilities, or for bicycle saflety education programs.
3. Money may be allocated for the maintenance of bicycling trails, which are closed to
motorized traffic.
4. Facilities provided lor the use of bicycles may include projects that serve the
needs of commuting bicyclists, including, but not limited to, new trails serving
major transportation corridors, secure bicycle parking at employment centers, park
and ride lots, and transit terminals where other funds are available.
5. Within 30 days after receiving a request for a review lrom any city or county, the
transponation-planning agency shall review its allocations.
6. Up to 20 percent ofthe amount available each year to a city or county may be
allocated to restripe Class ll bicycle lanes.
7. A portion ofeach city's allocation may also be used to develop comprehensive bicycle
and pedestrian plans. Plans must emphasize bike/pedestrian facilities that support
utilitarian bike/pedestrian travel rather than solely recreational activities; a maximum
ofone entire allocation per five years may be used lor plan development.
8. Allowable maintenance activities for the local funds are limited to maintenance and
repairs of Class I off-street bicycle facilities only.
RCTC Policies
The SB 821 Call for Projects will occur on a biennial basis, with a release date of the
first Monday of every other February and a close date of the last Thursday of every
other April, beginning in 2015.
If a project cannot be fully funded, RCTC may recommend partial funding for
1
2
Attachment 2
RIVERSIDE COLTNTY TRANSPORTATION COMMISSION
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 BICYCLE
AND PEDESTRIAN FACILITIES PROGRAM ADOPTED POLICIES
award. To handle tiebreakers, RCTC will use, in terms of priority, the safety
question first then construction readiness.
3. Agencies awarded funds will not be reimbursed for any project cost overruns.4. Agencies being awarded an allocation will be reimbursed in arrears only upon
submitting adequate proof of satisfactory project completion. Claims need to
include: the claim form, copies ofpaid invoices. a copy ofthe Notice of
Completion (NOC), and phorographs of the completed project.
5. The allocated amount represents the maximum amount eligible for reimbursement.
For projects completed under the allocated amount, the agency will be reimbursed at
the matching ratio as presented in the application.
6. An agency will have thirty-six (36) months from the time of the allocation to complete
the project. There will be no time extensions granted unless the reason lor the delay can
be demonstrated. Where substantial progress or a compelling reason for delay can be
shown, the agency may be granted administrative extensions in twelve-month
increments at the discretion of the Executive Director.
7. Any programmed and unused Article 3 Program funds will be forfeited unless that
agency can a) utilize the unused funds to complete pro.jects that are the same or similar
in scope and/or are contiguous to the approved project or b) apply the funds to a project
previously submitted under an Article 3 call for projects and approved by the
Commission, subject to Executive Director approval.
8. Design and construction of facilities must conform to the general design criteria for
non-motorized facilities as outlined in the Caltrans Highway Design Manual.
9. Temporary facilities, projects in the bid process, or projects that are under
construction will not be lunded.
10. The SB 821 evaluation committee will be comprised of a minimum of five evaluators
representing a wide range ol interests; such as: accessibility, bicycling, Coachella
Valley, public transit, and the region. Staff, consultants, and other representatives from
agencies submitting project proposals will not be eligible to participate on the
evaluation committee that year.
1 1. Following each call, staffwill monitor the equity of allocations to Coachella Valley
versus Westem Riverside County; the allocation should be relative to what the
Coachella Valley's share would have been ifdistributed on a per capita basis (the
percentage offunds applied for should also be taken into consideration). Ifthe
allocation is often found to be inequitable to the Coachella Valley, staffwill
recommend adoption of a new policy to correct the imbalance.
12. Certain costs at times associated with bicycle/pedestrian projects are not eligible when
the benefit provided is not the exclusive use of bicyclists/pedestrians, such as: curb and
gutter as part of roadway drainage system, driveway ramps installed across sidewalks,
and where roadway design standards require a roadway shoulder width that is at least
as wide as a standard bike lane.
Attachment 2
13. For each Call for Projects, a city is eligible ro submir up to three (3) applications, and
the County of Riverside is eligible to submit up to two (2) applications per
Supervisorial District.
14. Each application is limited to a maximum request of l0% of the current Call flor
Projects programming capacity.
'15. Total award 1o onejurisdiction is limited to 20Zo ofcurrent Call for project's
programming capacity.
16. Awarded agencies can commence reimbursable project activities on July I ofthe call
for Project fiscal year cycle. E.g.: for FY 21122 Call for projects, reimbursable work
starts on July l, 2021.
17. Awarded agencies have until October I ofthe Call for project fiscal year cycle to
execute the Memorandum of Understanding (MOU) with RCTC. E.g.: for Fy 2l/22
Call for Projects, MOUs must be executed by October | . 2021 .
Attachment 2
TDA ARTICLE 3 BICYCLE AND PEDESTRIAN FACILITIES
NON-TRANSIT CLAIM FORM
CLAIMANT:
ADDRESS:
COUNTY: Riverside
CONTACT PERSON:TITL E:
I verify that the information on this claim Form is true and accurate to the best of my
knowledge.
Signed:Date:
PROJECT NAME:
PROJECT AWARDED IN FY:
START DATE (Mo/Yd:
COMPLETED DATE (MoAr):
TDA ARTICLE 3 REVENUES AND EXPENSES OF CLAIMANT:
Total Project Cost
Local Match Spent:
SB 821 Fu nds Spent:
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5
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(%t
(%l
Breakdown of Project Cost (must add up to "Total project Cost" above):
Admin istration
PA/ED
PS&E
Right-of-Way
Construction
Other (specify):
Other (specify):
Su pporting Document Checklist:
o Notice of Completion
o Eefore and After pictures of project siteo Paid lnvoices
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S
S
s
S
s
s
Attachment 3
ATTACHMENT 3
ASSURANCE OF MA!NTENANCE
sB 821 STDEWALK/B|KEWAY FAC!UTtES
WHEREAS, THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION HAS
ALLOCATED 5 TO THE CITY/COUNTY OF
FOR THE IMPROVEMENT OF THE
SIDEWALK/BIKEWAY PROJECT; AND,
WHEREAS, THIS INVESTMENT OF PUBLIC FUNDS CAN BE FULLY REALIZED IF
THIS FACILITY IS MAINTAINED TO ADEQUATE OPERATING STANDARDS FOR USE BY
COMM UTER AND RECREATIONAL PEDESTRIANS/BICYCLISTS;
THEREFORE, THE CITY/COUNTY OF ASSU RES
THAT THIS FACILIW WILL BE MAINTAINED AT ADEQUATE OPERATING STANDARDS.
SIGNED:
TITLE:
Attachment 3
NATF.-