HomeMy WebLinkAboutCC RESO 2015-24RESOLUTION NO. 2015 — 24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ALJTHORi71NG THE FILING OF AN APPLICATION FOR
ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR
THE SWEETWATER RIVER TRAIL CONNECTIONS/30TH STREET
BICYCLE FACILITY IMPROVEMENTS PROJECT,
ACCEPTJNG THE TERMS OF THE GRANT AGREEMENT
WHEREAS, $3 Million ($3,000,000) of TransNet funding for capital and non -
capital Active Transportation Grant Program projects is available to local jurisdictions and the
County of San Diego from Fiscal Years 2014-2016; and
WHEREAS, the City of National City wishes to receive $1,000,000 in Active
Transportation Grant Program funds for the Sweetwater River Trail Connections/30th Street
Bicycle Facility Improvements Project ("Project"); and
WHEREAS, the City of National City understands that the Active Transportation
Grunt Program funding is fixed at the programmed amount, and therefore Project cost increases
that exceed the grant awarded will be the sole responsibility of the City; and
WHEREAS, the City of National City agrees to complete the proposed Project
within a timely matter and in compliance with SANDAG Board Policy No. 035.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes staff to submit an application to SANDAG for the TransNet
Active Transportation Grant Program funding in the amount of $1,000,000 for the Sweetwater
River Trail Connections/30th Street Bicycle Facility Improvements Project.
BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund
the Sweetwater River Trail Connections/30th Street Bicycle Facility Improvements Project, then
the City of National City commits to providing $55,000, authorizes staff to accept the grant
funds, authorizes the Mayor to execute the grant agreement on substantially similar terms as
attached, and complete the Project.
BE IT FURTHER RESOLVED that City of Nationa! City agrees to indemnify, hold
harmless, and defend SANDAG, the San Diego County Regional Transportation Commission,
and ail officers and employees thereof against all causes of action or claims related to City of
National City's TransNet funded projects.
PASSED and ADOPTED this 17th day of March, 015.
Y
ATTEST:
Mic ael R. Dalia, ity Clerk
Ron Morrison, Mayor
dia Gacitu
City Attorn6,y
Passed and adopted by the Council of the City of National City California, on March 17,
2015 by the following vote, to -wit:
Ayes: Councilmembers Cane, Mendivii, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Ofide2rk of the City National City, California
By:
Deputy
1 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2015-24 of the City of National City, California, passed and adopted
by the Council of said City on March 17, 2015.
City Clerk of the City of National City, California
By:
Deputy
GRANT AGREEMENT TEMPLATE — FOR INFORMATION ONLY
[SELECT APPLICABLE PROGRAM: TransNet SMART GROWTH INCENTIVE GRANT
PROGRAM OR TransNet ACTIVE TRANSPORTATION GRANT PROGRAM]
THIRD FUNDING CYCLE
GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND
[INSERT AGENCY/JURISDICTION NAME..
REGARDING [INSERT FULL PROJECT TItLE]
THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agreer#ion4)la made this [Day] day of
[Month], 2015, by and between the San Diego Association of,:uernrn nts, 401 B Street, Suite 800,
San Diego, California, hereinafter referred to as SANDAG,indtthe [Grantedpient and Address],
hereinafter referred to as Grantee. This agreement expitesOn [Month] [Dayi1J[Year].
Note to Grant Recipient: This Agreement Tem ate.covers provisions for` th the $GIP
and ATGP. Prior to contract execution, the GrantA ement mill he tailored_to reflect the
applicable grant program. `;
Note to SANDAG Contracts Staff: Alcor to internal routing, references to SGIP and ATGP
should be updated as applicable.
The following recitals are a substantive part of. this Agr ; t:..
Note to SANDAG Contracts -Staff: Selecteri'GiP Recitals or ATGP Recitals.
Smart Growth Incentive Program (SGIP) Recitals (A - J):
A. The SANDAG Board of Direttors-al1ocates funds -under the TransNet local sales tax program to
support local transortatiOnrrelatecijriOastructtire projects in the San Diego region through a
coonvetit ve process.
B. 'The.•TransNet Extension Ord tkar►ce contains provisions to fund the Smart Growth Incentive
',Program (SGUP), wr1 funding`oecan on April -i_ 2008. The SOP encompasses projects that
betterintegrate trans 3oriation aid land use and recognizes the comprehensive effort to
intg,rate smart growth place making;. access to transit; and environmental justice.
C. In January2010, theSANDAG Board of Directors approved Board Policy No. 035 — Competitive
Grant Prog?a rr I'_;, ce lures (Beard Policy No. 035), which is included as Attachment B. This
Grant Award,reement and the Grantee's performance thereunder are subject to
Board Policy No. 35, which includes multiple "use it or lose it" provisions.
D. The SANDAG Board of Directors approved programming of approximately $12 million in
TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number].
E. On December 19, 2014, SANDAG issued a Call for Projects from local jurisdictions in San Diego
County wishing to apply for a portion of the TransNet SGIP funds for use on capitai
improvement and planning projects meeting certain criteria.
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F. Grantee successfully applied for TransNet SGIP funding for the [Insert Project Name], as
described in Grantee's grant application.. The Scope of Work, Project Schedule, and
Approved Project Budget are included as Attachment A.
Note to SANDAG Contracts Staff:: Before finalizing this agreement for internal
SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet
MPO ID required to complete Recital G, below.
Grantee's Project is funded with ]insert dollar amount] in TransNet SGIP funds and the
Trans Vet MPO ID for the Project is [insert ID number].
H. The purpose of this Agreement is to establish the terms anckonditions for SANDAG to
provide Grantee with funding to implement the Project..::
1. Although SANDAG will be providing financial assist ceto Grant to:support the Project,
SANDAG will not take an active role or retain su�tial control of t'lkProject. Therefore,
this Agreement is characterized as a funding agr ment rather than a cooperative
agreement.
J. Grantee understands that TransNet funds derive from rOtail.transactions and use tax revenues
which fluctuate. SANDAG's funding commitment to S I1P Projects, including this Project, is
subject to these fluctuations, whuth may -impact funding iVaalability for this Project.
Active Transportation Grant ProgramIATGP)'it a15(A —
A. The SANDAG Board of Directors allocate fundsaarnderkille TransNet local sales tax program
and the TransportaIi6ri Development Ac:(TPA) to support-iocal bicycle and pedestrian
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transportation prtijerts`irrtile San Diego raegidri through a competitive process.
B. The TransNet Exteension Ord Nance contains rovisions to fund the Bicycle, Pedestrian, and
Neighborhood Safer Pro9%arn {'8P SP),, which funding began on July 1, 2008. The BPNSP
encompasses. bicycle aqd pedestrian -have] proects and recognizes the comprehensive effort
toiritegratesniart growth place making; access to transit and environmental justice.
C. . Article 3 of the TbA, providefkinding for Bicycle and Pedestrian Facilities and Programs.
D. Tether the TransNetBPNSP and TDA Article 3 funding are commonly referred to as the
SANQAG Active Transportation Grant Program (ATG P).
E. !n January.2O1O, theSANDAG Board of Directors approved Board Policy No. 035 — Competitive
Grant Prog'ra:at ini ctid^.ures (Board Policy No. 035), which is included as Attachment B. This
Grant Award,jrrnent and the Grantee's performance thereunder are subject to
Board Policy No. 035, which includes multiple "use it or lose it" provisions.
F. The SANDAG Board of Directors approved programming of approximately $3 million in both
TransNet and TDA funds on December 19, 2014, by Resolution Number [insert Resolution
Number].
G. On [December 19, 2014], SANDAG issued a Call for Projects from focal jurisdictions in
San Diego County wishing to apply for SANDAG ATGP funds for use on capital improvement
and planning projects meeting certain criteria.
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H. Grantee successfully applied for ATGP Funding for the [Insert Project Name] (Project), as
described in Grantee's grant application. The Scope of Work, Project Schedule, and
Approved Project Budget are included as Attachment A.
Note to SANDAG Contracts Staff: Before finalizing this agreement for internal:
routing, obtain from SANDAL Finance and Nanning staff the TDA Claim Number or
TransNet MPO ID required to complete Recital i, below.
e. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert
dollar amount] in TransNet BPNSP funds and [insert dollar amountl in TDA funds, and the
TransNet MPO ID for the Project is [insert ID number] and the.TbA,Claim Number is [insert
Claim number].
J. The purpose of this Agreement is to establish the term Artd coridtbons for SANDAG to
provide Grantee with funding to implement the Prat. " \.
K. Although SANDAG will be providing financial. stance to Grantee to support the Project,
SANDAG will not take an active role or retain,substantial control of the Pro tt. Therefore,
this Agreement is characterized as a funding agr ritent.r her than a cooperative
agreement.
t. Grantee understands that TransNO-funds.derive from retail transactions and use tax revenues
which fluctuate. SANDAG's fundir4:6'irnitlitinent to ATGP.Pkojects, including this Project, is
subject to these fluctuations, which `k ay impatt.funding avairatAlity for this Project.
NOW, THEREFORE, it is agreed as follows:
I. DEFINITIONS
A. Application. the signed anil.dated grant application, including any amendment thereto,
with all explanatory, supporting, arid -suppler entary documents filed with SANDAG by or on
behalf of the Grantee,and accepted.or approved by SANDAL. All of Grantee's application
mate ials, not i conflictwith this Agre'ernent are hereby incorporated into this Agreement
a though fully t.farth
B• `, rov AuthorNrAon, C'orcrre t e, Waiver. A written statement (transmitted in
typewritten hard copy -or electronically) of a SANDAG official authorized to permit the
Gran to take or omitaction,may an action required by this Agreement, which actiomay not be taken
or om� without sichwritten permission. Except to the extent that SANDAG determines
othervvisein write
such approval, authorization, concurrence, or waiver permitting the
performance`Qr omission of a specific action does not constitute permission to perform or
omit other similes actions. An oral permission or interpretation has no legal force or effect.
C. Approved Project Budget. The most recent statement of the costs of the Project, the
maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the
specific tasks (including specific contingencies) covered, and the estimated cost of each task,
that has been approved by SANDAG. The Approved Project Budget is included in
Attachment A.
Note to Grant Recipient: Only the applicable grant program will be referenced here.
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Note to SANDAG Contracts Staff: Choose the appropriate program here.
D. [SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP.]
aP [ATGP Fiends and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds.]
E. Grantee. The local jurisdiction that is the recipient of [SGIP or ATGP] funding under this
Agreement.
E. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing
the Grantee to proceed with all or a portion of the work described in the Scope of Work.
Grantee shall not proceed with the work and shall not be eligibieto receive payment for
work performed prior to SANDAG's issuance of a Notice to Pceed.
G. Subgrantee. Any contractor or consuitant, at any tiers id dimly or indirectly with funds
flowing from this Agreement for the Project.
11. PROJECT IMPLEMENTATION
A. General. The Grantee agrees to carry out theProiect as fQii'ows:
1. Project Description. Grantee agrees to per ry nit* e work as described in the
Scope of Work included as adj nerit A.
•
2. Effective Date. The effective dattot this Agreemen4 r.any amendment hereto is the
date on which this Agreement; ran amendment.is fully'executed. The Grantee agrees
to undertake Project work pro y afterei+ii;nig a Notice to Proceed from SANDAL.
3. Grantee's Opacity. Ttie Granteeag#e •to maintain or acquire sufficient legal,
financial; riical, a1 d• managerialacity to: (a) plan, manage, and complete the
Project and provide foi' he use of any Project property; (b) carry out the safety and
security asps of thA Pro ett•and (c)'comply with the terms of the Agreement and all
applicable laws.reguiatioris;and,poiicies pertaining to the Project and the Grantee,
inciiud{t but no-ajntited to the.TransNet Extension Ordinance and Board Policy
O. 3 ,
` + .. •Project Si re, The (;witee agrees to complete the Project according to the
•Project Schedule ;included in Attachment A and in compliance with Board Policy
` . No..035, as amended, and included as Attachment B.
5. Pemje5lt:!mpl i'neretatidn and Oversight. Grantee agrees to comply with the
Proje:�t fan r tation and Oversight Requirements, included as Attachment C, and
Board Pvkcy:No. 035, as amended.
6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee
based on the application submitted by Grantee, which contained representations by
Grantee regarding project parameters, project proximity to transit, and other criteria
relevant to evaluating and ranking the Project based on SANDAG [SGIP or ATGP]
scoring criteria. Any substantive deviation from Grantee's representations in the
Application during project implementation may require reevaluation or result in loss of
funding. if Grantee knows or should have known that substantive changes to the
Project will occur or have occurred, Grantee will immediately notify SANDAG in writing.
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SANDAG will then determine whether the Project is still consistent with the overall
objectives of the iSGIP or ATGP; and whether the changes would have negatively
affected the Project ranking during the competitive grant evaluation process. SANDAG
reserves the right to have [SGIP or ATGPI Funding withheid from Grantee, or refunded
to SANDAG, due to Grantee's failure to satisfactorily complete the Project or due to
substantive changes to the Project.
Media and Community Outreach Coordination. The Grantee agrees notify
SANDAG of any media and community outreach efforts, including presentations to
community groups, of :er agencies, and erected officials. Grantee agrees to assist
SANDAG with media or community events related to the Project, such as ground
breaking and ribbon cutting. Press materials shall hers+sled to SANDAG staff before
they are distributed. SANDAG logo(s) should be iatiudecks.press materials and other
project collateral, but may never be included i„..k.su'documn*without advance
approval from SANDAG.
As part of the quarterly reports submit l_to SANDAG,.the Granteetee.es to provide
project milestone information to support;frnedia anclornmunications'tifforts. SANDAG
reserves the right to use the information prwideality.the Grantee for an combination
of the following, including but not limited to:'s ciaj. media posts, online photo albums,
videos, press releases, Pow tpresentations,' eb`updates, newsletters, and
testimonials. In submitting p tos, SANDAG, the Grantee agrees to release the rights
of the photos to SANDAG forits'use.``
S. Project Signage and Designat on of Tx t ended Facilities. Each capital
project in ex s of $250,000 funded' ir fiole or in' art by revenues from the TransNet
Extension Crtlinance. hali be clearlt designated during its construction or
implemeiltatibn as berg provided b`j .venues from the TransNet Extension Ordinance.
Grantee agr tto• follow the Project 5i9nage Specifications. SANDAG will provide sign
.„specifications. 6taarrtee agrees tr oltow'sign specifications and submit proof files to
sowpiAG fbr.approval before prin#ing.
9: Baseline Dat.a CoIle€ ci:-J or capital projects, Grantee is required to coordinate with
SANDAG staff;y the eve4rnent of a baseline data collection pian in accordance
• with the Project implementation and Oversight Requirements.
B. Appliiiarton of LawS Should a federal or state law pre-empt a local law, regulation, or the
Transhiensior,-rOrdlnance, the Grantee must comply with the federal or state law and
impiementin'vegulations. No provision of this Agreement requires the Grantee to observe or
enforce compliance with any provision, perform any other act or do any other task in
contravention of federal, state, territorial, or local law, regulation, or ordinance. If
compliance with any provision of this Agreement violates or would require the Grantee to
violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this
occur, SANDAG and the Grantee agree that they will make appropriate arrangements to
proceed with or, if necessary, terminate the Project or affected portions thereof
expeditiously.
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C. Notice Regarding Prevailing Wages. SANDAG's [SGIP or ATGP] Grants are funded with
TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in
November 2004 (SANDAG Ordinance 04-01). Althouah SANDAG Ordinance 04-01 does not
require payment of prevailing wages, California law may require that Grantee's public works
projects pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly
encouraged Grantee to seek legal counsel regarding whether the Project will be subject to
prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement
requires Grantee's compliance with al! federal, state, and local laws and ordinances as
applicable.
D. Significant Participation by a aubgtrantee. Although the Grantee may delegate any or
almost all Project responsibilities to one or more subgrants, the Grantee agrees that it,
rather than any subgrantee, is ultimately responsible forfor'corhNtnce with aii applicable laws,
regulations, and this Agreement.
1
E. Third Party Contracting. Grantee shall not awwrdtontracts over three_ thousand dollars
($3,000) on the basis of a noncompetitive prat *ment for work to be pe or ned under this
Agreement without the prior written approval -of •SANDAG<Cdantracts awarde`.by Grantee, if
intended as local match credit, must meet the regreh>$ set forth in this Agreement
regarding local match funds.
1. If Grantee hires a consult x -t ta'rry.out profes\siirai.services funded under this
Agreement, Grantee shall:prepare.an.J dependent` Estimate (ICE) prior to
soliciting proposals; public!jr, dvertise foX:cor4peting proposals for the work; use
cost as an evaluation factor it :s Iectir the•tor wit; document a Record of
NegotiatiorfIRON)estabiishing thafltie. Amount paid by Grantee for the consultant
servicesis fair`arrcreasonable;d pass through the relevant obligations in this
Agrethient to the gonsultant. `;••
2. If Granteli-es,a contrrtcx to carryout construction services funded under this
Agreement; Crantee shal - teean ICE (e.g., a construction cost estimate) prior to
5cs . bids; p icly advertise -for competing bids for the work; award the work to
thelowt resporiea.nd responsible bidder; document a RON establishing that the
amount did byGrap a for the construction services isand rear band
paid .,,e fear ,..��onaule;
pass through the relevalr}t obligations in this Agreement to the contractor.
E. Grace's Responsibility to Extend Agreement Requirements to Other Entities
•
1. En$ts Aff>af. Grantee agrees to take appropriate measures necessary to ensure
that aitergiect participants comply with all applicable federal laws, regulations, and
policies arming Project implementation. In addition, if an entity other than the
Grantee is expected to fulfill any responsibilities typically performed by the Grantee.
the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as
set forth in this Agreement.
2. Documents Affected. The applicability provisions of laws, regulations, and policies
determine the extent to which those provisions affect an entity (such as a subgrantee)
participating in the Project through the Grantee. Thus, the Grantee agrees to use a
17
3.
written document to ensure that each entity participating in the Project complies with
applicable laws, regulations, and policies.
PooMsdouvre The Grantee. agrees to include in each document (subagreement, lease,
third -party contract, or other) any necessary provisions requiring the Project participant
(third -party contractor, subgrantee, or other) to impose applicable laws, Agreement
requirements and directives on its subgrantees, lessees, third -party contractors, and
other Project participants at the lowest tier necessary.
G. No SANDAG Obligations to Third -Par -ties. In connection with/the Project, the Grantee
agrees that SANDAG shall not be subject to any obligations or<f{at3ities to any subgrantee,
lessee, third -party contractor, or other person or entity tha ;s not a party to the Agreement
for the Project. Notwithstanding that SANDAG may havpetrancu�rred in or approved any
solicitation, subagreement, lease, or third -party contras a any t :, SANDAG has no
obligations or liabilities to any entity other than the`antee, inclu g any subgrantee,
lessee, or third -party contractor at any tier.
t' •- i
Rio Changes in Project Performance. The Gran agrees toaiotify SANDAGIrtmediately, in
writing, of any change in local law, conditions 0110.1diri9 legal, financial, ortechnical
capacity), or any other event that may adversely affect tip Grantee's ability to perform the
Project in actoraance with the ter"r sox.the Agreemerimar4 as required by Board Policy
No. 035. The Grantee also agrees t n9tfy SANDAG imm'etjiately, in writing, of any current or
prospective major dispute, breach, c(efault, -oklitigation thalaray adversely affect SANDAG's
interests in the Project, and agrees to,mform SAN A ,r also in +`Ming, before naming
SANDAG as a party to litigation for aryreason, any-fojum At a minimum, the Grantee
agrees to send each"tiotice SANDAG yrl by this subsection to SANDAG's Office of
General Counsel,'
Standard of Cas The Grantee_expressly warrants that the work to be performed pursuant
to this Agreementxi4aii beperfontned in accdrdance with the applicable standard of care.
Where. approval by 5Ai'.4DAG, its Exetu tive lD+rector, or other representative of SANDAG is
in5llitated In the Scope of.Work, it is understood to be conceptual approval only and does not
,,relieve the Gr-an4,e of respoilaibility for complying with all laws, codes, industry standards,
and liability for damages caused by. negligent acts, errors, omissions, noncompliance with
iqclustry standards, of the willfutiviisconduct of the Grantee or its subgrantees.
III. ETHICS
A. ixrantes tteb. of,titnducti§tandards of Conde. The Grantee agrees to maintain a
written code tif•‹n,duct or standards of conduct that shall govern the actions of its officers,
employees, couel"or board members, or agents engaged in the award or administration of
subagreements, leases, or third -party contracts supported with [SLIP or ATGP] Funding. The
Grantee agrees that its code of conduct or standards of conduct shall specify that its officers,
employees, council er board members, or agents may neither solicit nor accept gratuities,
favors, or anything of monetary, value from any present or potential subgrantee, lessee, or
third -party contractor at any tier or agent thereof. The Grantee may set de minimis rules
where the financial interest is not substantial, or the gift is an unsolicited item of nominal
intrinsic value. The Grantee agrees that its code of conduct er standards of conduct shall also
prohibit its officers, employees, board members, or agents from using their respective
18
positions in a manner that presents a real or apparent personal or organizational conflict of
interest or personal gain. As permitted by state or local law or regulations, the Grantee
agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or
other disciplinary actions for violations by its officers, employees, council or board members,
or their agents, or its third -party contractors or subgrantees or their agents.
1. Persona! Conflicts Of Interest. The Grantee agrees that its code of conduct or
standards of conduct shall prohibit the Grantee's employees, officers, council or board
members, or agents from participating in the selection, award, or administration of any
third -party contract or subagreement supported by [SGIP Qt•#TGP] Funding if a real or
apparent conflict of interest would be involved. Such a..rnfiict would arise when an
employee, officer, board member, or agent, includipg a •mer^ber of his or her
immediate family, partner, or organization that Faiiployr.intends to employ, any of
the parties listed herein has a financial interest.in firm crieripeting for award.
2. Organizational Conflicts of interest. T::Grantee agrees tha,¢ts code of conduct or
standards of conduct shall include pros,lutes for identifying and preting real and
apparent organizational conflicts of intern. An orga`ritzational confl tkof interest
exists when the nature of the work to be permed:under a proposed third -party
contract or subagreement may, without some'RietriOions on future activities, result in
an unfair competitive advantage to.the third-parcontractor or subgrantee or impair
its objectivity in performing thet+ ct.work.
B. SANDAG Code of Conduct. SAND. has esta`i 4'policies ncerning potential conflicts
of interest. These policies apply to Grantee. For, 11 awards i7y' SANDAG, any practices which
might result in unl.a.v411 activity are protiibite ,including, but not limited to, rebates,
kickbacks, or other unlawfi ccnsideratios.•SANDAG staff members are specifically
prohibited frot participatirrt.n the selecti,n process when those staff have a close personal
relationship, fathily 'elation} ipeor past (wit tithe last 12 months), present, or potential
business or employe ent•r at on pilvith. a person or business entity seeking a contract with
SAND .,:it is,unlawfuf,for:any contr'act,to• bp made by SANDAG if any individual
BOrd men ben or staff has.a prohibited financial interest in the contract. Staff are also
prohibited frori so ating o).z.a.ccOpting gratuities from any organization seeking funding from
ANDAG SAF DAGV-i ce s, e vioyees. agents, and Board members shall not 5-)' i - or
"accOpt.gifts, gratuities favors, or anything of monetary value frorri consultants, potential
contents, or partiesjto subagreements. By signing this Agreement, Grantee affirms that it
has nolxtowledge ofan ethical violation by SANDAG staff or Grantee. If Grantee has any
reason tc ieleve a,nfiict of interest exists with regard to the Agreement or the Project, it
should notif thee, NDAG Office of General Counsel immediately.
C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any
bonus or commission to obtain approval of its [SGIP or ATGP] Funding application for the
Project.
D. False or Fraudulent Statements or Clairrs. The Grantee acknovvIedgges and agrees that by
executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and
accuracy of each statement it has made, it makes, or it may make in connection with the
Project, including, but not limited to, the Grantee's grant application, progress reports and
invoices.
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IV. AMOUNT OF FUNDING ASSISTANCE
The Grantee agrees that SANDAG will provide [SGIP or ATGP] Funding for the Project equal to the
smaller of the following amounts: (a) the maximum SANDAG Amount Approved of $ . . or
(b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation,
which ism percent L..%). SANDAG's responsibility to make payments under this Agreement is
limited to the amounts listed in the Approved Project Budget for the Project- Grantee's estimate in
its application for funding from S NDAC for -e fioject is the amoijriit thai. iorirIs LIIC ua b Uiauri
which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s)
of SANDAG Participation.
V. MATCHING FUNDS
Grantee has proposed to provide matching funds for the Progitt and r fore agrees as follows:
A. Duty to Obtain Matching Funds. The Granteeiairees to provide ident funds or
approved in -kind resources, together with the:[SG1?'or ATGP] Funding aioarded, that wiii
assure payment of the actual cost of each Prfit activity coed by this Agent. The
amount of matching funds and percentage(s) of.tnatchiniriOnds Grantee shafi!provide are set
forth in the Approved Project Budget. The Grantee r s to complete all proceedings
necessary to provide its share of the Project costs at or re the time the matching funds
are needed for Project costs.
B. Prompt Payment of Matching Fulls. The-GT,anHtee agrees 9 provide the proportionate
amount of the matching funds promptiyas it inc.rs F s ect costsor Project costs become due.
Each of Grantee's invoices:must include ItiproWatornitelztibgfund contribution as reflected in
the Approved ProjEA Budget;.along wi-NsufSporting, descriptive and/or explanatory
documentation-farthe mitOltig funds prov;ded.
C. Reduction of Matching Fonds: -The Grant4e.agrees that no refund or reduction of the
amount of matching: funr#s fray-t rrraide; unle 'at the same time, a reduction of the
proportiViatamount of he"'[SGIP orOi."`ATGFP.14tinding provided is made to SANDAG in order to
mntirrihe.Maxinum Pentage(s) of SANDAG Participation.
VI. APPROVED PRO!Ea BUDG.
Except io.e,extent that SA1DAG determines otherwise in writing, the Grantee agrees as follows:
The Grantee,arid SANDAG hilve agreed to a Project budget that is designated the "Approved
Project Budget."The Grantiewill incur obligations and make disbursements of Project funds only
as authorized bitileApproved Project Budget. An amendment to the Approved Project Budget
requires the issuancc.of a iorrnal amendment to the Agreement, unless the re -allocation of funds
among budget items or fiscal years that not increase the total amount of the [SGIP or ATGP]
F d!r ;,sn'rrie.4 fcr tho. :.c e__, ::cs not negatively :Mpac the benefit; obtai;Ite from the
Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG
Project Manager approval is required tor transfers of funds between Approved Project Budget line
items.
20
Vll. PAYMENTS
A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will
demonstrate or certify that it will provide adequate matching funds such that, when
combined with payments from SANDAL, will cover all costs to be incurred for the Project.
Except to the extent that SANDAL determines, in writing, that the Grantee may defer its
provision of matching funds for the Project, a Grantee is required under the terms of this
Ay. to j C True rrrdLaiirry iurids for the Project and agrees that It will not:
1. Request or obtain matching funds exceeding the amount juistified by the matching
share previously provided; or
2. Take any action that would cause the proportion of istiTor ATGP] Funding made
available to the Project at any time to exceed thOrcentNeuthorized by the
Agreement for the Project. :'-
Payment by SANDAG. Upon receiving a requ far payment and adequate supporting
information, SANDAG will make payment, [orf 'projects with TDA funding; authorize the
County of San Diego to make payment] for e!igroIe arnouf'i*.s to Grantee within ;thirty (30)
days if Grantee has complied with the requirementofTheAgreement, including submission
of a Quarterly Report which is inclytied.,as Attachment,], :vs satisfied SANDAG that the
[SGIP or ATGP] Funding requeste4decifor Projectpirposes in that requisition period,
and is making adequate progress t r i Prp completio : sistent with Board Policy
No. 035. After the Grantee has demonstratedrsati far ory compliance with the preceding
se
requirements, SANDAG may reimburthe Grant*$,Iippaitent allowable costs incurred
consistent with the Agfintived Project B4dgeteSANOAG shali retain ten percent (1O%) from
the amounts invzoli6edluntOatisfactory akm6ietion of work. SANDAG shall promptly release
retention amoitntsto Grantee following c antee's satisfactory completion of work and
receipt of Grantee's -final invoice and all rectpired documentation.
C. Eligible Costs. The Gear to agrees_ttat:Proji t costs eligible for [SGIP or ATGP] Funding
must amply vitl,,the Mowing require rats, unless SANDAG determines otherwise in
writing: To`be iigibl.e for reimbursement, Project costs must be:
', i, .• Consistent wit the Project Scope of Work, the Approved Project Budget, and other
provisions of the Agreement.
2. Necessary in order to accomplish the Project.
3. Reaso -124er the goods or services purchased.
.ti
4. Actual nettosts to the Grantee (Le., the price paid minus any refunds, rebates, or other
items of value received by the Grantee that have the effect of reducing the cost
actually incurred, excluding program income).
5. Incurred for work performed, only on a reimbursement basis, after both the
Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed
from SANDAG.
21
6. Satisfactorily documented with supporting documentation which is to be submitted
with each invoke.
7. Treated consistently in accordance with generally accepted accounting principles and
procedures for the Grantee and any third -party contractors and subgrantees,
(see Section 6 Accounting Records).
for fi-ra." Net nr Trmns !et and TDas part of+L.. [SGIP or ATGP].
9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the
following documentation as part of the grant applicatiorrinaterials: (1) an indirect cost
allocation audit approved by a qualified independenttaditor or (2) the applicant's
proposed method for allocating indirect costs in ac Ortce.with OMB guidelines.
Indirect cost allocation plans must be reviewed ad;renevannually.
rz
10. Project generated revenue realized by the,Gtarntee shall be utilized in support of the
Project. Project generated revenue and,editures, if any, shaft* reported at the
end of the Agreement period.
D. Excluded Costs
1. In determining the amount* t5EIP or ATGP] Fundfnt SANDAG will provide for the
Project, SANDAG will exclude:
a. Any Project cost incurred';_ by the Grantee before eitkier the date SANDAG issues a
Notice to Proceed to Grariteeor thetfeett Date of the Agreement or any
Amen ritent thereto;
b. A,rW cost that is iot included it the latest Approved Project Budget;
y
c. Any cast for Poet property or vices received in connection with a
subagreeetit, 1ease;fikid-partyi:ntract, or other arrangement that is required
to be, but Nsrot been, conned in or approved in writing by SANDAG; and
Any ineligible for SANDAG participation as provided by applicable laws,
reguIatit*..or policies
2. \Certain costs at prsles associated with bicycle and pedestrian projects are not eligible
en the benefit provided is not the exclusive use of bicyclists or pedestrians. These
instces arejssted below.
a. ei t and gutter are part of the roadway drainage system. As such, newly
instated curb and gutter cannot be considered an improvement exclusively for
the benefit of the sidewalk or bike lane and are not an eligible expense.
b. Driveway ramps installed across sidewalks are not for the benefit of pedestrians,
and in fart degrade the pedestrian environment. Claimants may not include the
cost of driveway ramps in applications for sidewalk projects. However, the
distance across the driveway may be included when computing the per -square -
foot cost of the sidewalk.
22
c. Where roadway design standards require a roadway shoulder width at least as
wide as would be required for a standard bike lane, the cost of the shoulder
construction will not be eligible. Appropriate bikeway signage is eligible.
d. Under some circumstances, it may be necessary to remove and replace curb and
gutter, driveway ramps, drainage facilities and other existing improvements in
order to construct a bikOway or side ,„calk. In such cases the cost of this work is
mosi likely eligible, but claimants shouid carefuiiy document why this is so in the
claim submittal.
The Grantee understands and agrees that payment to the Grafor any Project cost does
not constitute SANDAG's final decision about whether that,Cost is allowable and eligible for
payment under the Project and does not constitute a w it►er.of any violation by the Grantee
of the terms of the Agreement for the Project or Boay ., cy N6:935. The Grantee
acknowledges that SANDAG will not make a final tmination about the allowability and
eligibility of any cost until the final payment haste* made on the Prior the results of
an audit of the Project requested by SANDA4r [ts Independent Taxpayer' Oversight
Committee (JTOC) has been completed, which`e 'occurs latest. If SANDAG tIc.itet nines that
the Grantee is not entitled to receive any portionVthe4GW or ATGP] Fundinig requested or
paid, 5ANDAG will notify the Grantee in writing, staNtig flts reasons. The Grantee agrees that
Project closeout will not alter thec're`s responsibility to -return any funds due to SANDAG
as a result of later refunds, correctifi4;f:ttformance defiderges, or other similar actions; nor
will Project closeout alter SANDAG's;right d aHt w costs aht.recover funds provided for the
Project on the basis of a later audit other reviewrw. li rt,riuurri ation to the Grantee that
specific amounts are owed to SANDAGp whethet for exc payments of [SGIP or ATGP]
Funding, disallowed -cogs, car funds recovered€irorn third parties or elsewhere, the Grantee
agrees to promptly remit t s,SANDAG the*MoUnts owed, including applicable interest,
penalties and administrative charges.
Vlll. ACCOUNTING RECORD ' - __•
In compljahee with ap{ilicable1aws regulation`s; end policies, the Grantee agrees as follows:
/
A. ,.'Prs;e€t Account;, Grarit-rgrees to establish and maintain for the Project either a
parate set of accois`or separate accounts within the framework of an established
a`csptirting system thGt.can be identified with the Project. The Grantee also agrees to
mairr�� ocurnentatoori of all checks, payrolls, invoices, contracts, vouchers, orders, or other
accoung documents related in whole or in part to the Project so that they may be clearly
identified; i;eadijy,atccessible, and available to SANDAG upon request and, to the extent
feasible, kepfsa+te from documents not related to the Project.
Documentation of Project Costs and Program income. Except to the extent that
SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to
the Project, including any approved services or property contributed by the Grantee or others,
with properly executed payrolls, time records, invoices, contracts, or vouchers describing in
detail the nature and propriety of the charges, including adequate records to support the
costs the Grantee has incurred underlying any payment in which SANDAG has agreed to
participate in based upon a payable milestone.
23
IX. REPORTING, RECORD RETENTION, AND ACCESS
A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by law and
regulation, policy, this Agreement, and any other reports SANDAG may specify.
R. Report Formats. The Grantee agrees that al! reports and other documents or information
intended for public availability developed in the course of the Project and required to be
submitted to SANin.a must bP prepared a'id cu ihmihte in a ctrvni` end or typewritten hard
copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be
submitted in particular formats.
C. Record Retention. During the course of the Project and forthreeyears thereafter from the
date of transmission of the final expenditure report, theGr:agrees to maintain, intact
and readily accessible, all data, documents, reports, re ` ds con"t acts, and supporting
materials relating to the Project, as SANDAG may ruire. `_ •
D. Access to Records of Grantees and Subgrariteet. The Grantee agre tars permit, and
require its subgrantees to permit, SANDAG ok1.ts,Outhorizedfepresentatives„ upon request, to
inspect all Project work, materials, payrolls, and'et er.dat , and to audit the boors, records,
and accounts of the Grantee and its subgrantees pei-1,,iii6in,to the Project.
E. Project Closeout. The Grantee atirees ttiat Project close utdoes not alter the reporting and
record retention requirements ofts'At t:ten.t.
Quarterly Reports. Grantee shall su' wit writt #jjuarf rjy reports to SANDAG detailing the
progress of its work, expenditures incr}i"ted, and trifdrinatIOntegarding whether the Project is
projected to be co rOleted.Within the litzit$41.ft e Approved Project Budget,
Project Schedul 'a.nd conslstent with Boardf'ciicy No. 035 and any policy amendments
thereto. Granter steal! docuthent the progr and results of work performed under this
Agreement to the,sfactj sation-of-SANDAG. SANDAG. This includes progress and final reports, plans,
specifications, estim s itd. her evidence of attainment of the Agreement objectives,
which terequested byi5ANDAG or ItO Grantee may be required to attend meetings of
SAD; ;G=stafl, ddcommits;including but not limited to ITOC, the Regional Planning
./.Cefnirittee, the nsportatrisn Committee, and the SANDAG Board of Directors, to report on
its progress ?n;ite kw.i+c,
G. Coiunities ServeiData and Report. If requested, Grantee shall provide SANDAG with
data regarding how the Project's benefits and burdens were equitably distributed among
socio andnomicp puiations in the area affected by the Project, and associated smart
growth date;' .f
X. Project Compt on, Audit, Settlement, and Closeout
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses
and final reports, as applicable. Ali payments made to the Grantee shall be subject to review
for compliance by SANDAG with the requirements of this Agreement and shall be subject to
an audit upon completion of the Project.
24
B. Project Audit.
Note to Grant Recipient: Only the applicable sections will be included.
Note to SANDAG Contracts staff: Please choose the appropriate:
For TransNet-funded projects:
The Grantee agrees to have financial and compliance audits perfdirned as SANDAG may
require consistent with the TransNet Extension Ordinance. The°:Graritee agrees that Project
closeout will not alter the Grantee's audit responsibilities. Aijdit Costs are allowable Project
costs.
For TDA-funded projects:
404‘ /\\'\
The Grantee agrees to have financial and co r iat ce audits performecial SANDAG may
require consistent with Public Utilities Code Sin 99245, fdr-TDA funds; thJd consistent with
the TransNet Extension Ordinance for TransNet -..TI fGr ntee agrees tha"t,Project
closeout will not alter the Grantee's audit responsibilitis..Audit costs are allowable Project
•
costs.
C. Performance Audit. The Grantee',agrees. ao boperate wit\ ANDAG or ITOC with regard to
any performance audit that is perfoi ed on ttte ect pursu`attt to the TransNet Ordinance.
D. Project Closeout. Project oc j � ,le errs wh�5 SA�JDA�nfl#]fies the Grantee that SANDAL
has closed the Proj; and, €applicable; td.erforwards the final [SLIP or ATGP] Funding
payment and or'ackrnwledges.that the Grantee has remitted the proper refund. The Grantee
agrees that Projectcloseout>y SANDAG do:not invalidate any continuing requirements
imposed by the Agi,:eemenYor ariyunmet requirements set forth in a written notification
from SANDAG.
s.
E. Prl fer -the, ratttee wad girded this Agreement based on representations in its grant
:application regardistq the Prt's intended use. If the Project is a capital project, Grantee
sa eby commits to't9 3'hnuec u`sv of the Project for the purposes stated in its application for -e
•-e.lqi•t.3.d of at least five:years after Completion of construction. SANDAG may require Grantee
to isefund. SGIP fundin0 provided for the Project in the event Grantee fails to utilize the
Project for its intende+ipurposes as stated in the grant application or for any disallowed costs.
XI. TIMELY P. ar.AND RIGHT OF SANDAG TO TERMINATE
HATE
A. Grantee shall make diligent and timely progress toward completion of the Project within the
timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any
policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole
discretion, review the status of the Project to determine if the remaining funding should be
reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and
agrees that any failure to make reasonable progress on the Project or violation of this
Agreement and/or Board Policy No. 035, that endangers substantial performance of the
Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this
Agreement.
25
B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates
difficulty In complying with the Project Schedule, the Grantee shall immediately notify the
SANDAG Project Manager in writing, and shall provide pertinent details, including the
reason(s) for the delay in performance and the date by which Grantee expects to complete
performance or delivery. This notification shall be informational in character only and receipt
of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or
any rights or remedies provided by this Agreement, including Board Policy No. 035
requirements.
C. Upon written notice, the Grantee agrees that SANDAG NDAG .'nay suspg- d or terminate all or any
part of the [SLIP or ATGP] Funding to be provided for the PrpjectIf"the Grantee has violated
the terms of the Agreement, or Board Policy No. 035, or it.SA.N.DAG determines that the
purpose of the laws or policies authorizing the Projects, uird'nt be adequately served by the
continuation of [SGIP or ATGP] Funding for the Pro1ect.\..:
/
D. In general, termination of [SGIP or ATGP] Fund,ing,fOrthe Project will hgtinvalidate
obligations properly incurred by the Grantee fore the termination date the extent those
obligations cannot be canceled. If, however, SDAG detehes that the Gtee has
willfully misused [SGIP or ATGP] Funding by failintttimake adequate progress; or failing to
comply with the terms of the Agreement, SANDAG rues the right to require the Grantee
to refund to SANDAG the entire Oaguntof [SGIP or ATE Funding provided for the Project
or any lesser amount as SANDAG ray:.°dir�.e.
Expiration of any Project time periodtestahlishPrl-1t :Prnjecf chedule will not, by itself,
automatically constitute an expiration*r'terminttiion`ef e'Agreement for the Project,
however, Grantee Intl -it reqgest and SANDA4Titiley.agree t&amend the Agreement in writing
if the Project Scheduje-Waifs of be met. At3 amendment to the Project Schedule may be made
at SANDAG's Eficsaetion if Grantee's reques+ is'consistent with the provisions of Board Policy
No. 035.
KII. CIVIL_ RIGHTS
The Grint. e-agrees Q.com.ply Wi ail applicable civil rights laws, regulations and policies and shall
inclde the provisions o'f this. Secticcy 12 in each subagreement, lease, third party contract or other
iegalkt nd rig docurrierit`j.perfur-m +yro"rk funded by this Agreement. Appiicabie civil rights laws,
reguiati5 and policies include, but are not limited to, the following:
A. NonddI ern nation.1SANDAG implements its programs without regard to income level,
disability; ce,.,colrh, and national origin in compliance with the Americans with Disabilities
Act and Title -VI 0fthe'Civil Rights Act. Grantee shall prohibit discrimination on these grounds,
notify the pub . of their rights under these lave, and utilize a process for addressing
complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a
complaint available to members of the public and will keep a log of all such complaints.
Grantee must notify SANDAG immediately if a complaint is lodged that relates to the Project
or program funded by this grant.
B. Equal Employment Opportureity. During the performance of this Agreement, Grantee and
ail of its subcontractors, if any, shall not unlawfully discriminate, harass, or allow harassment,
against any employee or applicant for employment because of sex, race, color, ancestry,
26
religious creed, national origin, disability (including HIV and AIDS), mental disability, medical
condition (cancer), age (over 40), marital status, denial of family and medical care leave,
denial of pregnancy disability leave, veteran status, or sexual orientation. Grantee and its
subcontractors shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. Grantee and its
subcontractors shall comply with the provisions of the Fair Employment and Housing Act
(California Government Code Section 12900, et seer") and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, etseq.). The
applicable regulations of the Fair Employment and Housing/Commission implementing
California Government Code Section 12990 (a-tf), set forth in CFrEipter 5 of Division 4 of Title 2
of the California Code of Regulations, are incorporated into.s;.Agreement by this reference
and are made a part hereof as if set forth in full. Grant and. its subcontractors shall give
written notice of their obligations under this clause to labOr\brganizations with which they
have a collective bargaining or other agreement. `•
•
XIII. OWNERSHIP OF WORK PRODUCT
SANDAG shall own any deliverables created in whole or.i.n partfor SANDAG's iiitttletit pursuant to
the Scope of Work for the Project. The term "deliv Vineludes, but is not limited to, all
original drawings, reports, photos, and other documents;*icjuding detailed calculations and other
work product developed for the Projec & sewices pertormetivin the Project.
XIV. DISPUTES AND VENUE
A. Choice of Law. This Agreement sh'll be intered accordance with the laws of the
State of California. .•-
/:
Eo Dispute Resoluion" ProCaSS. In the event Grantee has a dispute with SANDAG during the
performance af'#his.,Agreeni t, Grantee Shall continue to perform unless SANDAG informs
Grantee in writing. to cease performance. The dispute resolution process for disputes arising
und er th is Ag reement, shIAITbeas-fgio '
•
i/ Gent Shall submit 'a statement of the grounds for the dispute, including all
perl:inent` lat►es, narrig of persons involved, and supporting documentation, to
SANDAG's P;l Maria r:The Project Manager and other appropriate SANDAL. staff
will review theAkicumentation in a timely manner and reply to Grantee within twenty
• (29) calendar carts. Upon receipt of an adverse decision by SANDAG, Grantee may
bmit a requ: for reconsideration to SANDAG's Executive Director. The request for
resderasp± must be received within ten (10) calendar days from the postmark date
of S,gkiiDA's reply. The Executive Director will respond to the request for
reconsidtTation within ten (10) working days. The decision of the Executive Director
v'vil! be in writing.
2. If Grantee is dissatisfied with the results following exhaustion of the above dispute
resolution procedures, Grantee shall make a written request to SANDAG for appeal to
the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG
Transportation Committee for ATGP projects. SANDAG shall respond to a request for
mediation within thirty (30) calendar days. The decision of the Regional Planning
Committee or Transportation Committee shall be final,
27
C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the
action shall be brought in a state or federal court situated in the County of San Diego,
State of California. In the event of any such litigation between the parties, the prevailing
party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's
fees, litigation and collection expenses, witness fees, and court costs as determined by the
court.
;:,:, YlkaJIi JI IY1 Cfll1
Grantee shall not assign, sublet, or transfer (whether by assignment or.tiovation) this r,grerment or
any rights under or interest in this Agreement.
XVI. INSURANCE
Grantee shall procure and maintain during the period oflieiformance f this Agreement, and for
twelve (12) months following completion, policies. of _ insurance frbrik insurance companies
authorized to do business in the State of California'or-the equivalent typei: nd amounts of self-
insurance, as follows:
A. General Liability. Combined single limit of 100(00O'per occurrence and $2,000,000
general aggregate for personal ang_bodily injury, ind€'g death, and broad form property
damage. The policy must incluci,e a`iicceptabie "Viaite .of Transfer Rights of Recovery
Against Others Endorsement." The rty tname SAO-#.6 as an additional insured in the
endorsement. A deductible or reter tYi, maybe i lized, subj t. to approval by SANDAG.
E. Automobile Liabilit ,:For personal and bodi,Virii.ury,-inkli4rig death, and property damage
in an amount not lets than $1,000,000. `'. .-1
C. Workers' Com osation and Employer's :Liability. Policy must comply with the laws of
the State of California. Thor policy, must intl ude an acceptable "Waiver of Right to Recover
From Others Endors eat" narrimig $J NDAG+ s•an additional insured.
D. Other Requirements.`''praiitee shall furnish satisfactory proof by one or more certificates
4 riginal copied thaa .;t,it he.foregoing insurance. The insurance shall be provided by an
1 acceptable insuara ce!: Rrovir e ; as . determined by SANDAL, which satisfies the following
r sint num requirements:
1. n:insurance cable( qualified to do business in California and maintaining an agent for
s'eciiiiCe.. of pros within the state. Such insurance carrier shall maintain a current
A.I i3est• rat1rig:Classification of "A-" or better, and a financial size of "$10 million to
$24 m {Mass V) or better." or
2. A Lloyds of London program provided by syndicates of Lloyds of London and other
London insurance carriers, providing all participants are qualified to do business in
California and the policy provides for an agent for service of process in California.
E. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance
as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss
under Grantee's insurance. Insurance policies shall not be canceled without first giving thirty
28
(30) days advance written notice to SANDAL. For purposes of this notice requirement, any
material change in the policy prior to its expiration sha!! be considered a cancellation.
XVII. INDEMNIFICATION AND HOLD HARMLESS
A. Generally. With regard to any claim, protest, or litigation arising from or related to the
Grantee's performance in connection with or incidental to the Project or this Agreement,
Grantee agrees to defend; indarrroy, protert, and hrgrw SAN!)A vr'd its 'gents, o{rc4
Board members, and employees harmless from and against any and all claims, including, but
not limited to prevailing wage claims against the Project, asserted or established liability for
damages or injuries to any person or property, including .ft, to the Grantee's or its
subgrantees' employees, agents, or officers, which arise fron Or are connected with or are
caused or claimed to be caused by the negligent, reckl , on illfu! acts or omissions of the
Grantee and its subgrantees and their agents, officers; �c,emplo s;.in performing the work
or services herein, and all expenses of investigatir j and defendiitg:against same, including
attorney fees and costs; provided, however, tbat the Grantee's duty 'to indemnify and hold
harmless shall not include any claims or liability arising front the establd` . ed sole negligence
or willful misconduct of SANDAG, its Board of*tors, ag4iits,i officers, or oyees.
B. Intellectual Property. Upon request by SANDAG;;t'he Grantee agrees to indemnify, save,
and hold harmless SANDAG and i .13'ooF-u of Directors ers, agents, and employees aaing
l' i
within the scope of their officias,'a ainst any Iiah1,ty, including costs and expenses,
resulting from any willful or inteptional- Ia'tton by the�,Grantee of proprietary rights,
copyrights, or right of privacy; arisingout of the-p*,hliratTon translation, reproduction,
delivery, use, or disposition of any data furnish under the`froject. The Grantee shall not be
required to indemnity SA NAG for any.sucllfiability, caused solely by the wrongful acts of
SANDAG employeis of ageri#;:
XVIII.INDEPENDENT TRACT R_•
A. Status of Grantee:•Grarntee sha11 riorm..the"services provided for within this Agreement as
an jr ependent-contra tor, and not as`adrtemployee of SANDAG. Grantee shall be under the
c intto1"of SANDAG -As to to result to be accomplished and not the means, and shall consult
•math SANDAG as` wiled fo-,r the Scope of Work. The payments made to Grantee pursuant
this Agreement 11 be the i7i.i1.ar,d complete compensation to which Grantee is entitled.
5ADAG shall not maw any federal or state tax withholdings on behalf of Grantee. SANDAG
shale of be requiredCO. pay any workers' compensation insurance on behalf of Grantee.
Grantea\pgrees to ir'tde'nnify SANDAG for any tax, retirement contribution, social security,
overtime 0 nZ Gr.workers' compensation payment which SANDAG may be required to
make on beiialf of Grantee or any employee of Grantee for work done under this Agreement_
o. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall
have no authority, express or implied, to act on behalf of SANDAG in any capacity
whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to
bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless
expressly provided for in this Agreement.
29
XIX. SEVERABILITY AND INTEGRATION
If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not
be affected if that remainder would continue to conform to the requirements of applicable laws or
regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to
those matters contained in it. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered hereunder. This Agreement may not be modified or altered
�_y S NDA
except in writing, signed uj! .�Y11YL1Ht] d11U the Grantee.
XX. PROJECT MANAGER
The Grantee has assigned [INSERT PROJECT MANAGER NAME' ts tdie Project Manager for the
Project. Project Manager continuity and experience is deemed,eiverlpai in Grantee's ability to carry
out the Project in accordance with the terms of this Agr nt. 'Christrytee shall not change the
Project Manager without first providing written notice to SANDAG. \..,
XXI. NOTICE
Any notice or instrument required to be given or delivered k}y Phis Agreement try be given or
delivered by depositing the same in any United States F ditte, registered or certified, postage
prepaid, addressed to:
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Attn: Susan Baldwin / Suchi Mukherjee
Grantee:
[LOCAL AGENCY NAN ti
[LOCAL AGENCY ADf #S]
Attn: [LOCAL AGENCi JECT INAAA•GER]
Notice shall la.e-effective upon receipt thereof.
Note to SANDAG tnrtracts After receiving this original agreement back from the
Gra0'attd before :iogting the pgiginal agreement for final SANDAG "wet" signatures,
con ihr with SAREDreiG\fhrance ehri Planning staff that the applicable RT1P has been
approved..
ti .�
30
XXII. SIGNATURES
The individuals executing this .Agreement represent and warrant that they have the legal capacity
and authority to do so on behalf of their respective legal entities.
iN iltfi T MESS WHEREOF, the parties have executed this Agreement as of the date written
above.
SAN DIEGO ASSOCIATION OF GOVERNMENTS [INSERT JURISv i N]
GARY L. GALLEGOS OR DESIGNEE
Executive Director
APPROVED AS TO FORM:
j1Ft 'If Name]
Vie]
AO'L'AS TO FORM:
Office of General Counsel Y : Valtikrne]
Title]
31
ATTACHMENT A
SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET
Project Location
(SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD,
CORRIDORS, AND INTERSECTIONS)
Project Description
[PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ETC), TYPES OF
IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS]
(INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUII ET) .
TVIPC. C
32
ATTACHMENT B
BOARD POLICY NO. 035
vv:4iri�aiiiiw GRANT rr.I .wait i aril PaC E6Nrunnmal
Applicability and Purpose of Policy
This Policy applies to all grant programs administered through SANDAG, whether from Trans/Vet or
another source, including but not limited to the Smart Grow . itrr o ive Program, Environmental
Mitigation Program, Bike and Pedestrian Program, 5enior(irii G#Program, Federal Transit
Administration grant programs, and Active Transportation'Grant Prograri\
Nothing in this Policy is intended to supersede feder a1 or state grant rules, regulations, statutes, or
contract documents that conflict with the requii—emeits in thi iPolicy. Therere never enough
government grant funds to pay for all of the projecks.$0rthy$t funding in the Saq;Diego region.
For this reason, SANDAG awards grant funds on a compatt e.basis that takes the grantees' ability
to perform their proposed project on a Timely basis into act unt: SANDAL intends to hold grantees
accountable to the project schedules`,th have proposed.1D.brder to ensure fairness in the
competitive process and encourage grantees tog ..their projects, implemented quickly so that the
public can benefit from the project deliveilMes as s 4 as possible. " .
/
Procedures
1. Project Milestprie arid Coreiwietion Dead1 ne
1.1. When\*Otting a;=grantagreemeot..=for a competitive program funded and/or
administered by SANDAG; grantgraqttOpients it ust agree to the project delivery objectives and
schedules-mthe ag'rseepen.t. In adtl ir; a!,grantee's proposal must contain a schedule that
f�S vv_n,the -followrttg. deadlines. Failure to meet the deadlines below may result in
revocation of'$ grant fu?i s not already expended. The final invoice for capital, planning,
or operations gra s must be'vbillitted prior to the applicable deadline.
1.1.1. Fund ng for Capital Projects. if the grant will fund a capital project, the
project musk be completed according to the schedule provided in the grant
'-igieemen-libut at the latest, any necessary construction contract must be awarded
vvrt ;r two years following execution of the grant agreement, and construction
must\e Completed within eighteen months following award of the construction
contract: Completion of construction for purposes of this policy shall be when the
prime construction contractor is relieved from its maintenance responsibilities. If no
construction contract award is necessary, the construction project must be complete
within eighteen months following execution of the grant agreement.
1.1.2. Funding for Planning Grants. If the grant will fund planning, the project
must be completed according to the schedule provided in the grant agreement, but
at the latest, any necessary consultant contract must be awarded within one year
following execution of the grant agreement, and the planning project must be
33
complete within two years following award of the consultant contract. Completion
of planning for purposes of this policy shall be when grantee approves the final
planning project deliverable. If no consultant contract award is necessary, the
planning project must be complete within two years of execution of the grant
agreement.
1.1.3 Funding for Operations Grants. If the grant will fund operations, the project
must be completed according to the schedule provided in the grant agreement, but
at the latest, any necessary services contract for operations must be awarded within
one year following executor of the grant agreem . end the operations must
commence within six months following award of he -operations contract. If no
services contract for operations is necessary, the,c#perations project must commence
within one year of execution of the grant agr6 tt:
1.1.4 Funding for Equipment or Vehicle‘Grants. If the‘gtarit will fund equipment
or vehicles, the project must be compi,according to the schedule provided in the
grant agreement, but at the latestx.inynecessary purchase contkacts for equipment
or vehicles must be awarded withirt_ot#e year:=l`ollowing execun of the grant
agreement, and use of the equipment or.vehicles f r the benefit ofthhe public must
commence within six months following aWaryl alfthe purchase contract.
2. Project Milestone and Completi i ilDedl-ne.Extensions
•
2.1. Schedules within grant ag41ements`r ey include project scopes and schedules that
will identify interim milestones in'addition 99/thosp„,,deseribed in Section 1 of this Policy.
Grant recipients may -receive extensidps opftitir projett4Chedules of up to six months for
good cause. Exj,ensionsf up to six mOnths,aggregate that would not cause the project to
miss a completi' deadl'irte in Section:may be approved by the SANDAG Executive
Director. Extetrrions beyorM: six months aggregate or that would cause the project to miss a
completion deacNbin/Sectiorl,.1:'must be lipproved by the Policy Advisory Committee that
has beep .delegated\t a necessary- dr ty by the Board. For an extension to be granted
under this Section 2, thA following conditions must be met:
2.1.1. extensio trequests of up to six months, the grantee must request the
extension i biting to.ie SANDAG Program Manager at least two weeks prior to
the earliest \project schedule milestone deadline for which an extension is being
'requested. Ile Executive Director or designee will determine whether the extension
.sh uld be,)granteci. The Executive Director's action will be reported out to the Board
Noliow ig month's report of delegated actions.
2.1.2. `'A "grantee seeking an extension must document previous efforts undertaken
to maintain the project schedule, explain the reasons for the delay; explain why the
delay is unavoidable, and demonstrate an ability to succeed in the extended time
frame the grantee proposes.
2.1.3, If the Executive Director denies an extension request under this Section 2,
the grantee may appeal within ten business days of receiving the Executive
Director's response to the responsible Policy Advisory Committee by sending the
appeai to the SANDAG Program Manager.
34
2.1.4. Extension requests that are rejected by the Policy Advisory Committee will
result in termination of the grant agreement and obligation by the grantee to
return to SANDAG any unexpended funds within 30 days. Ulnexpended funds are
funds for project costs not incurred prior to rejection of the extension request by the
Policy Advisory Committee.
3. Project Delays and Extensions in Excess of Six Months
3.1. Requests for extensions in excess of six months, or that will cause a project to miss a
completion deadline in Section 1 (including 'chose proiecic_ gar were already granted
extensions by the Executive Director and are again falling behind schedule), will be
considered by the Policy Advisory Committee upon rt;est to the SANDAG Program
Manager.
3.2 A grantee seeking an extension must current previteus efforts undertaken to
maintain the project schedule, explain the reations- for the delay, ' p1ain why the delay is
unavoidable, and demonstrate an ability toAitcceed in the extended tip frame the grantee
proposes. The grantee must provide the net*ary inforrtion to SANcol staff to place in
a report to the Policy Advisory Committee. if;soffigtnt,time is available;`and the grant
utilized TransNet funds, the request will firs -Pipe, taken to the Independent Taxpayer
Advisory Committee (ITOC) >< ' -.a.. recommencia'tiott, The grantee should make a
representative available at thr ,meng; to present the .information to, andlor answer
questions from, the ITOC and Poli°Advis>tmittee. ,
3.3 The Policy Advisory Committeewill onit/ girarit aii'extension under this Section 3 for
extenuating circupsaine.,esthat the gNnte!,,tou,k1 not have' reasonably foreseen.
4. Resolution and Execution xiifthe Grant Agteement
4.1 Two werkks prior/aa the review b4,the Policy Advisory Committee of the proposed
grants, prospective rangy-m suttrnit a resolution from their authorized governing body
that-'ifid des -the pro ns, in this Sion 4.1. Failure to provide a resolution that meets
de.requirernOnts in this Subsection 4.1 will result in rejection of the application and the
application +�wi l4 e •T rope from consideration with funding going to the next project as
070ro °• by the evaiwition co.itmi tee. order to assist grantees in meeting this resolution
deadline, when SANIpAG issues the call for projects it will allow at least 90 days for grant
ap'pprztion submissit 1 t.
•
Grantee governing body commits to providing the amount of matching
fu4s seh in the grant application.
4.1.2 Grantee governing body authorizes staff to accept the grant funding and
execute a grant agreement if an award is made by SANDAG.
4.2 Grantee's authorized representative must execute the grant agreement within 45
days from the date SANDAG presents the grant agreement to the prospective grantee for
execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation
of the grant award.
35
5. Increased Availability of Funding Under this Policy
5.1. Grant funds made available as a result of the procedures in this Policy may be
awarded to the next project on the recommended project priority list from the most recent
project selection process, or may be added to the funds available for the next project
funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that
loses funding due to failure to meet the deadlines specified in this Policy may be
resubmitted to compete for funding in a future calf for grant applications.
Adopted: January 201D
Amended: November 2014
36
ATTACHMENT C
PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS
Capital Grants
1. Contact Information: Grantee must provide SANDAG with contact information for the project
mire er r"rzntee must provde CANDJ1G with, . tc ..1 Iy •f
.._g.... ..__ _ r, ,� -, ..,�, uN;,,,,«„ contact informat�o� � ii, 8 iiiiiciy i�iaiii�ei ii
there arc any changes to staff assigned.
2. Baseline Data Collection: Prior to the construction of gra4ta-funded improvements, the
Grantee is responsible for developing a baseline data collectipti plan with SANDAG to gather
information on pedestrian and bicyclist activity. At a minimtu, data should be collected for
observed bicycle and pedestrian volumes, behavior, and attit04s in the project area. Once the data
collection plan is approved by SANDAG staff, the Gran1e isiesponsibifot carrying out the plan
and returning collected data to SANDAG as a deliverable. Standardized crrrs required for data
collection will be provided by SANDAG. �.
Grantees are encouraged to use the National Bicy ie;-an4. # edestrian Docurrie'tation Project
methodology and plan for the following:
ti.
• Conduct counts prior to project co ruction, during'National Documentation Days in the
second week of September. Suj ,►ien aiy -counts and•yrveys can be conducted during
January, May, and July to provide** onal.littp, if desired. ..�
Conduct counts for twq.,hours, at p k`times`Te1ativ -4 the facility. For example, facilities
attracting utilita trips should be ciaintd:on a Tuesday, Wednesday, or Thursday from
5 to 7 p.m., wl' reas"facilit es attracting vcreational trips should be counted on a Saturday,
from 9 to 11 a,tri.`
In the case that the above tjrti amen are .deerri linfeasible due to the project schedule, the
Grantee and- -SANDAG wi11... collaborate' an- alternative data collection methodology and
proced9re
A sr r ef'of Grantees m ,r .select for in-depth evaluation by SANDAG, in which case, SANDAG
will co duct the data colletpon effort'with required participation from Grantee staff. Such in-depth
evaluation`. Conducted by SANDAG will take place solely for the purpose of SANDAG
Active Transportation data1 collection and monitoring efforts, and will not impact Grantees'
budgets. ` , • r`
Grantees should plat to budget five thousand dollars ($5,000) for data collection. For questions or
assistance with data` collection, contact Christine Eary at Christine.Fary@sandag.org, or
(619) 699-6928.
3, Design Development and Community Meetings: Grantee must provide SANDAG with
advance notice (preferably within two weeks) and agendas of all design development and
community meetings, and a meeting summary following the meeting. SANDAG staff may attend
any meetings as appropriate.
37
4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to
SANDAL for review and comment at 30 percent, 50 percent, 90 percent, and 100 percent. SANDAG
staff may meet with the Grantee to comment on submitted plans and assure substantial
conformance. SANDAG may comment on submitted plans regarding:
• Whether they are consistent with the Project proposed in the original grant application, and
• Cnncicteni y with accepted pedestrionlhi_yde �r d ;^+art growth do ig; standards.
5. Quarterly Reports and Invoices: Grantee must submit quarteply reports and invoices to
SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending
issues and actions toward resolution, and status of budget and schedule. Furthermore, the Grantee
agrees to provide project milestone information (such as presentaitfr; to community groups, other
agencies, and elected officials, ground-breakings, and rirl=cugsj .,to support media and
communications efforts.
S. i4Mredia and Community Outreach Coordinatiptc tress materials shall be,provided to SANDAG
staff before they are distributed. SANDAG logo(s)`'s ould be inclotied in press `n aerials and other
project collateral. Furthermore, the grantee agrees.tp provide project milestone nformation to
support media and communications efforts.
7. Photo Documentation: Grantees afe r ptmsible for the lowing photo documentation:
•
• Before and after photos, which 'Mould 'bei'ta((:e1 from si Var,angles to showcase how a
particular area has been transforrneil over time.;
• Project milestone, tos(si ch as gro' nd- kings andr-ribbon-cuttings).
• Photos taken thtoughout,construction j ar s and throughout the length of the project.
•
Photos should be igh•resoiutian(at least 4 hats by 6 inches with a minimum of 300 pixels per
inch) and contain captions pro .descri ons, dates, locations, and the names of those
featured, itappropriate:,
8. Project,51§nageo:4ath. proje: ,ter program in excess of $250,000 funded in whole or in part by
reviues-from the Trans~- _xtensl:Ordinance shall be clearly designated during its construction
vi in*e4i,entation as bens provided":44.y such revenues. SANDAG wiii provide sign specifications.
Grantee•grees to follow sin specifications and submit proof files to SANDAG for approval before
printing. •
9. Performar4e,,,Mtarflt SANDAG staff may measure performance of the constructed capital
improvements agart.ated project objectives, and evaluate the overall grant program. Grantee is
expected to meet wit"$ANDAG staff to identify relevant performance measures and data sources,
and provide available data and feedback regarding the proaram as appropriate.
38
Planning and Non -Capital Grants
1 Contact Information. Grantee must provide SANDAL with contact information for the project
manager. Grantee must provide SANDAG with updated contact information in a timely manner if
there are any changes to staff assigned.
2. Request for Proposals and Consultant Selection. Upon request by SANDAG. Grantee most
submit consultant draft Request for Proposals to SANDAG staff for -review and comment for
consistency with the agreed upon Scope of Work with SANDAG (Atta.chmeiit A),
3. Quarterly Reports. Grantee must submit quarterly, - eports to SANDAG, detailing
accomplishments iri the quarter, anticipates progress next-'gvarte pending issues and actions
toward resolution, and status of budget and schedule. �...>'
4. Stakeholder and Community Meetings. Grantee must provide SANDAQ with advance notice
(preferably within two weeks) and agendas of of ..s akeholder and commuri r Meetings, and a
meeting summary following the meeting. SANDAG ssuf'haay attgtidany meetings` appropriate,
5. Media and Community Outreach Coordination. Pra materials shall be provided to SANDAG
staff before they are distributed. SAN G'logo(s) should be,rnduded in press materials and other
project collateral. Furthermore, the Gntee,arees to provicle,roject milestone information to
support media and communications effort ,•.. •
6. Photo Documentation. Grantees are reVppsible fti.r.thelpilkiwing photo documentation:
▪ Existing conditiOs ptotoss.which shoiJid iiklfrate the current conditions of the project site
and demons ate•the nee'&for improvedilati.lities
• Project milestone photosj,�such as worksiiops, presentations to community groups, other
agencies, and elutes#: offg.i.:. : .
•
Photos shyer be hig resolu o.r (at least res by 6 inches with a minimum of 300 pixels per
inch) and contain 'captions with- ,project descriptions, dates, locations, and the names of those
featut; ff appropriat:. . ,�
39
ATTACHMENT D
QUARTERLY REPORT AND INVOICE FORMS
TransNet Smart Growth Incentive Program and
TransNetfTDA Active Transportation Grant Program
Quarterly Report
Report Submittal Date: [insert]
Reporting Period: 'Insert - Example: FY 2014, Quarter 1]
PART 1: DESCRIPTION OF ACTIVITY FOR REPORTING PERIOD
1. Work Accomplished This Reporting Period
[INSTRUCTIONS: Replace this text with a detailed description of work completed and
underway during the reporting period in a bullet format, reference specific tasks.]
Example:
• Task 1 - Award Consultant Contract: issued RFP and convened a selection panel of 5
members from the City, MIS, NTCD, and SANDAG to shortlist 3 of 9 firms. The panel
interviewed the 3_ firms and selected XYZ Group for this project. The City Council
approved the consultant contract with XYZ Group on January 1, 2014. City staff held
a kick-off meeting on January 10, 2014.
• Task 2 - Public Outreach. City staff and XYZ Group began organizing the first
workshop for this project. The anticipated date of the first workshop will be in the
February/March 2014 timeframe_
• Task 3
• 'Task 4 - Etc.
3. Deliverables Produced This Reporting Period
[INSTRUCTIONS: Summarize the deliverables produced during this period and indicate the
date submitted to SANDAG. Deliverables can be submitted as an attachment to this report.
See Item 5 for more details.]
Example:
• Final REP - Submitted in December 2014.
• Approved Consultant Contract and Kick -Off Meeting Notes - Submitted with this
report. Please see accompanying list of attachments.
3. Is there an accompanying invoice for this period?
40
[INSTRUCTIONS: Indicate YES or NO.]
4.. Work Anticipated for the Next Reporting Period
[INSTRUCTIONS: Replace this text with a brief description of work anticipated for the next
reporting period. Also note any upcoming meetings or workshops.]
5. List of Attachments
[INSTRUCTIONS: List any deliverables or invoice documents attached to this report.
Attachments over 6MB should be sent via WeTransfer.[
WeTransfer Link: httpsJ/sandag.wetransfer.coml
Example;
a
• Attachment 1: Consultant Contract
• Attachment 2: Kick -Off Meeting Notes
• Attachment 3: Invoice Spreadsheet
• Attachment 4: Invoice Documentation
PART 2: SCHEDULE AND TASK STATUS
•
Task
Scheduled
Start Date
(Per Grant
Scope of
Work)
Scheduled
Completion
Date
(Per Grant
Scope of
Work)
Status
Timing
Anticipated
Start Date
Of
Different
from Grant
Scope of
Work)
Anticipated
Completion
(if
Different
from Grant
Scope of
Work)
NTP Date
Task 1
[mtniddlyy] i
[mm/d /yy]
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[mm/ddtyy]
[mm/dd/yy]
Task 2:
Policy No.
035
Miiestone
[mmldd/yy]
[mmldd/yy]
[tn Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[mm/dd/yy]
[mm/ddlyy]
Task 3:
Policy No.
035
Milestone
[m,middlyy]
;mm/cid/yy]
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[mm/dd/yy]
tmrr!dd/yyj
41
•
PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT
REQUESTS
Challenges and Actions Toward Resolution (If applicable)
!INSTRUCTIONS: If you are experiencing challenges in completing project tasks, please provide
information about the delay and actions taken to resolve issues. if an amendment is needed,
provide iustification and check the appropriate box below.]
[j No amendment requested at this time
u Amendment requested to*:
ID Project Schedule
LI Project Budget
❑ Scope of Work
*Failure to check a box in the above section assumes there is no action requested. Amendment requests are
subject to 5ANDAG`s approval. it is the Grantee's responsibility to ensure compliance with SANDAG Board
Policy No. 035: Competitive Grant Program Procedures and grant agreement terms and conditions.
•
PART 4: PROJECT STATUS REPORT SIGNATURE
Prepared by Date:
Project Manager
•
•
42
igiRg 1 TRUC1JQNS
Step 1: Complete the Quarterly Progress Report.
Reimbursements cannot be made without a completed Quarterly Progress Report.
Step 2: Gather Documeritaticm for Staff Costs, Consultant/Contractor Cow and Other Costs.
Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant
Staff Costs should be supported by certified payoll documentation
Consultant costs should be supported by the ccnsultant inwice AND a proof of payment. The proof of payment can be either a copy [lithe check provided to the
consultant or printout from the project's financial acziounting system showing that funds were disbursed
Contractor casts should be supported by the contractor invoice, schedule of values, AND a.proof of payment The proof of payment can to either a copy of the check
provided to the contractor or a printout •Trom the project's financial accounting system showing that funds were disbursed.
Other costs should be supported by either an invoice from the vendor or a receipt AND must be accompanied by a procf of payment. Theproof of payment can be either a
copy of the check provided to the vendor or a printout from the project's financial accounting system showing that funds were disbursed.
Clearly identify (Le., highlight or circle) all grant -related expenses on documents that include non -related costs,
Step 3: Complete the Expense Summary.
Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurred dunrg the reporting period_
Confirm that you :lave the adequate documentation.
Break down each cost by task. This will help with the next step to complete the invoice statement
Double check and make sure all sub -totals have been calculated correctly.
Step 4: Complete the invoice: Statement.
Enter the costs for each task (calculated in Step 3) into the appropriate cells of the Invoice Statement. The SANDAG contribution, matcr contribution, and retention
amounts should automatically calculate_
Enter previous costs by task into the appropriate cells of the spreadsheet. The remaining grant balance should automatically calculate.
Step 5: Submit Quarterly Progress Report, Invoice, and Supporting Documentation to SANDAG at:
snatgrantsiZ sandau.org
Sign and scan the completed Quarterly Progres.a Report. Submit it in PDF form
Sign and scan the inwice statement. Submit it in PDF form
Submit supporting documentation in PDF form.
Submit the completed Excel workbook.
Lhiles in excess of 6MB should be submitted via:
ttes:ilsandas.wetr lnsfencom
43
PART 1: STAFF COSTS
Personnel Time Period Hours Hourly Rate Amount Documentation Attached?
Star Person A mm/ddiyy to mm/dd/yy 10 $ 100.00 $ 1,000.00 YES/NO
StaiPerson B mm/ddiyy to mm/dd/yy 10 $ -i00 00 $ 1,000.00 YES/NO
Staff Person C mm/dd/yy to mm/dd/yy 10 $ 100.00 $ 1,000.00 YES/NO
[INSERTADDITONAL LINES AS NEEDED]
PART 2: CONSULTANT/CONTRACTOR COSTS
Consultant/Contractor Invoice No. Invoice Date Description of Costs Amount Documentation Attached?
Consultant XYT. 1 1/1/2014 Professional seances >lot. the $ 10,000,00 YES/NO
Consultant XYZ
Consultant XYZ
Outreach Organization ABC
[INSERTADDITONAL LINES AS NEEDED]
month of January 2014
2 2/1/2014 Professional services for the $ 10,000.00 YES/NO
month of February 2014
3 3/1/2014 Professional seroces for the $ 10,000.00 YES/NO
month of March 2014
1 3/1/2014 Outreach from January 2014 to $ 10,000.0C YES/NO
March 2014
PARTS: OTHER COSTS
Vendor
VendorA
Vendor B
Vendor C
[INSERTADDR'ONAL LINES AS NEEDED]
Invoice No.
Invoice Date Description of Costs Amount Documentation Attached?
1 1/1/2014 Printing costs for January 2014 $ 100.00 YES/NO
1 2/1/2014 News Announcement for $ 100.00 YES/NO
Felnuarf 2014 Workshop
1 2/28/2014 Snacks for February 2014 $ 100.00 YES/NO
Workshop
45
To:
-rom:
TASK
RFP
Existin. Conditions Roport
Public Outreach
Draft Plan
TRANSNEr SMART GROWTH INCENTIVE PROGRAM INVOICE
LIUKHf-RJEE
ZWIDAG
401 B S reet, Suite.500
San Diego, CA92101-4231
Name
ddress
Project Name: [PROJECT NAME]
Contract Num bar: SOtIXXX
Grant invoice Number:
Billing Period:
Invoice Date:
FROM
DATE
Grant Award: $0.00
Balance Rem alning $0.00
TO
Final Plan
Previous Balance
Current MMIDa1YYYYto MPAiDDJYYYY
Total Expenses SANDAG rota; Watch ant
Reimbursed to
Date
Total
Match to
Date
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
•
Total to
Data
Staff Coats
Consultant or
Contractor
Cots
Otlrsr Costs
This Invoice
$C1.00 $0_CO
$0.00
$0.00
$0.00
$0.00
$0,00
$0, 00
$000
50.00
$0,00
$000
$0.00
$0.00
Total Project Budget
(Grant+ Match
Task 1
$0.00
Task 2
$0,00
Task 3
$0.00
Task 4
$0.00
Task 5
$0.00
TOTAL
$0.00
SANDAG Grant:
$0.00
Match:
$0,00
SANDAG
Contribution %
#DNJ0!
i;;equired Match %
"
#DIV10!
46
$000
$0.00
$0.00
S0.0o
$0, 00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0, 00
This Invoice This lmraic_e_
-._ $0.00 $0.00
_00 $0,00
$0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0,00 p0,00
Total CurrE nt Expenditures:
Total Amount Clue this Invoice:
Lass 1O% Retention;
M¢,ti:h % Viet to Date:
$0.00
$0.00
$0.00
#DN10!
CERTIFICATION OF GRANTEE
I herebycertitythat the above costs were incurred in performance of the work required under the grant and are consistent with the amounts evidenced byattad,ed supporting documents and
expenditures.
Signature
Printed Name and Title I)ato
47