HomeMy WebLinkAboutCC RESO 2015-27RESOLUTION NO. 2015 — 27
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE FILING OF AN APPLICATION FOR
SMART GROWTH INCENTIVE GRANT PROGRAM FUNDS THROUGH
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR
THE KIMBALL PARK SMART GROWTH IMPROVEMENTS PROJECT,
ACCEPTING THE TERMS OF THE GRANT AGREEMENT
WHEREAS, $12 Million ($12,000,000) of TransNet funding for capital and
planning Smart Growth incentive 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 $2,000,000 in Smart
Growth Incentive Program funds for the Kimball Park Smart Growth Improvements Project
("Project"); and
WHEREAS, the City of National City understands that the Smart Growth
Incentive 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
Smart Growth Incentive Program funding in the amount of $2,000,000 for the Kimball Park
Smart Growth Improvements Project.
BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund
the Kimball Park Smart Growth Improvements Project, then the City of National City commits to
providing $300,000, 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 !T FURTHER RESOLVED that City of National City agrees to indemnify, hold
harmless, and defend SANDAG, the San Diego County Regional Transportation Commission,
and all 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.
for
Ron Morrison, Mayor
ATTEST: APPROVED AS 0 FORM:
Mich eI R. Dalia,
,Ci Cerk
10 kk
I 2 lae.:(1&,& ,ttei
au: is a�Citu. Sil ''-
City Attorn
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, Mendivir, Morrison, Rios, Sotelo-Solis.
Nays. None.
Absent: None,
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
Cf-xeiJAfil
k of the a
City City Tonal City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2015-27 of the C tk,y 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, Caiitornia
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 Tit# 1.
THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agreprilen) is made this ]Day] day of
[Month], 2015, by and between the San Diego Association ofvyernnts, 401 B Street, Suite 800,
San Diego, California, hereinafter referred to as SANDAGnd'the [Gran'ttpient and Address],
hereinafter referred to as Grantee. This agreement expaes.on [Month] [Dayj,[Year].
Note to Grant Recipient; This Agreement Temffa e.covers provisions for both the SG1P
and ATGP. Prior to contract execution, the GrantiAgreerrreiit will be tailored,to reflect the
•
applicable grant program.
Note to SANDAG Contracts Staff: Prior to internal routiiy,r, references to SGIP and ATGP
should be updated as applicable. ti
The following recitals are a substantive partofthis Agreement '
Note to SANDAG Contras gaff: Select either• P Recitals or ATGP Recitals.
Smart Growth Incentive'Progr' m (SGIP) Re' Calls (A - J):
•
A. The SANDAG Boar of Dire torsallocates furds under the TransNet local sales tax program to
support local transpttrtattim-relate0 infrastructure projects in the San Diego region through a
co mpetliiie process.
B. jilie TransNet Extens op Ordittatte contains provisions to fund the Smart Growth Incentive
`'. Program (SG!P). white fundino"`beaan on April 1, 2008. The SLIP encompasses projects that
'bets integrate tranr Cation aril land use and recognizes the comprehensive effort to
integratesmart grovvtii place making, access to transit, and environmental justice.
C, In Janu ry .i10, the-SANDAG Board of Directors approved Board Policy No. 035 -Competitive
Grant Progi^?m. D:,gcedgyres (Board Policy No. 035), which is included as Attachment S. This
Grant Award, ]rment and the Grantee's performance thereunder are subject to
Board Policy N. 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 capital
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 fi ealizLr g 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
TransNet MPO ID for the Project is [insert ID number]-
H. The purpose of this Agreement is to establish the terms ande.iinditions for SANDAG to
provide Grantee with funding to implement the Project/
i. Although SANDAG will be providing financial assist nce o Grant to support the Project,
SANDAG will not take an active role or retain subs`tantral control of title Project. Therefore,
this Agreement is characterized as a funding agreement rather than a cooperative
agreement.
J. Grantee understands that TransNet funds derive i r .r it:transactions and use tax revenues
which fluctuate. SANDAG's funding,commitment to NI,P Projects, including this Project, is
subject to these fluctuations, whi t.ayjmpact funding - ]lability for this Project.
Active Transportation Grant Program'(ATG4-Ras.IA —
A. The SANDAG Board of Directors allocates fundst ert%e TransNet local sales tax program
eve
and the Transportan Dlopment Aft FDA): to 'support'iocal bicycle and pedestrian
transportation prb)ectsirihe San Diego g 'through a competitive process.
B. The TransNet Excision Ordj Lance containrovisions to fund the Bicycle, Pedestrian, and
Neighborhood Safej Prog ar, (BPNS,P), which•finding began on July 1, 2008. The BPNSP
encompasses bicycle aid pedestrianvel projects and recognizes the comprehensive effort
to,jritegratpsmart gro place making, -access to transit and environmental justice.
�. ••• .A.rtkle 3 of the TDA.provides`f4 riding for Bicycle and Pedestrian Facilities and Programs.
D. To,gether the TransNet 8PNSP and TDA Article 3 funding are commonly referred to as the
SANDAG Active Trans ortation Grant Program (ATGP).
E. In January 2010, th SANDAG Board of Directors approved Board Policy No. 035 — Competitive
Grant Progr i Pr icedures (Board Policy No. 035), which is included as Attachment B. This
Grant Award. Agreement 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 43 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 Cali for Projects from local 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 Coil -tracts Staff: Before finalizing this agreement for internal
routing, obtain from SANDAG Finance and Planning staff the TDA Claim Number or
TransNet MPO ID required to complete Recital I, below.
!. 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 TA Claim Number is [insert
claim number].
J. The purpose of this Agreement is to establish the terms`and coriditions for SANDAG to
provide Grantee with funding to implement the Pr ect`
K. Although SANDAG will be providing financial,assistance to Grantee to support the Project,
SANDAG will not take an active role or retain bstantial coii'trol of the Pr'3 ct. Therefore,
this Agreement is characterized as a funding agreement rather than a coopeiVive
agreement. ,.
L. Grantee understands that TransNet fttiftts derive from retail transactions and use tax revenues
which fluctuate. SANDAG's funding c it to ATGPjects, including this Project, is
subject to these fluctuations, which ay impactfunding availability for this Project.
NOW, THEREFORE, it is agreed as follows:
I. DEFINITIONS
A. Application. The signed and dated grant application, including any amendment thereto,
with all explanatOry, suppeirtjng, andsupplementary documents filed with SANDAG by or on
behalf of the Granteeandaccepted 03..�.approved by SANDAG. Ali of Grantee's application
mat n:ls, not in conflict iith:this Agreement, are hereby incorporated into this Agreement
as though fully forth h jn, ..
-. „Approval, Authorization, Colic#rrence, Waiver. A mitten statement (transmitted in
*Rewritten hard copit,or electronically) of a SANDAG official authorized to permit the
Gra a to take or orr,t an action required by this Agreement, which action may not be taken
or omitted without 5_0.0 Written permission. Except to the extent that SANDAG determines
otherwisein Writir ,.such approval, authorization, concurrence, or waiver permitting the
perforrnance-tKoTission of a specific action does not constitute permission to perform or
omit other similar actions. An oral permission or interpretation has no legal force or effect.
G. 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 SG!P.]
OR [ATGP Funds 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.
F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing
the Grantee to proceed with all or a portion of the work described in the Scope of Work.
Grantee shall not proceed with the work and shall not be eligible -to receive payment for
work performed prior to SANDAG's issuance of a Notice to P#seed.
G. Subgrantee. Any contractor or consultant, at any tier..paid diro y:or indirectly with funds
flowing from this Agreement for the Project.
II. PROJECT IMPLEMENTATION
A. General. The Grantee agrees to carry out the1 'o ect as follows:
1. Project Description. Grantee agrees to perfci the work as described in the
Scope of Work included as ,Sbachfrient
2. Effective Date. The effectiV'e*thigit tniiMAgreement.iorany amendment hereto is the
date on which this Agreementter-an amend, nt is fully executed. The Grantee agrees
to undertake Project work proritgy after,aivivirig'a Notice to Proceed from SANDAL.
3. Grantee's aey, The Granteeagtee5to maintain or acquire sufficient legal,
financial/tedlnical, a' d manageria • 'acity to: (a) plan, manage, and complete the
Project aid provide fok the use of any Project property; (b) carry out the safety and
security aspacts of the Project .and (c) `ornply with the terms of the Agreement and all
applicable Iarrls,,reguistions 4riditittlicikpertaining to the Project and the Grantee,
it ctudin :but not-1 nited to the.Trattst4et Extension Ordinance and Board Policy
No.O
Project Scho'duIe. The Gr.p.ntee agrees to complete the Project according to the
".Project Schedule included in Attachment A and in compliance with Board Policy
-.,140. 035, as ametd+4;d, and included as Attachment B.
5. Prhfiettinigewteriltatiorit and Oversight. Grantee agrees to comply with the
Pr'oJci't x"Ci3;nei ieriLaLiutt and Oversight Requirements, inciuded as Attachment C, and
Board Pa acv:No. 035, as amended.
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.
15
SANDAG will then determine whether the Project is still consistent with the overall
objectives of the [SGIP or AMP] 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 ATGP] Funding withheld from Grantee, or refunded
to SANDAG, due to Grantee's failure to satisfactorily complete the Project or due to
substantive changes to the Project.
7. o iedia and Community Outreach Coordination. The Grantee agrees notify
SANDAG of any media and community outreach ettorts, including presentations to
community groups, o,e ff' is Tile G to
y other�.y..:t:.[..5, and elected officials. Tile Grantee agrees to assist
SANDAG with media or community events related to trtPnoject, such as ground
breaking and ribbon cutting. Press materials shall be rovid.ed to SANDAG staff before
they are distributed. SANDAG logo(s) should be labia leay. press materials and other
project collateral, but may never be included ip.sutiVdocuo t without advance
approval from SANDAG. /
As part of the quarterly reports submitted -to SANDAGvthe Grantee' fees to provide
project milestone information to support media and tommunications 'efforts. SANDAG
reserves the right to use the information pro ted' t e Grantee for any combination
of the following,includingbut not limited to speia,media pasts, online photo albums,
videos, press releases, Powr'ot presentations, updates, newsletters, and
testimonials. In submitting PtiOtoiloWDAG, the Grantee agrees to release the rights
of the photos to SANDAG far't�se.'' . ,::
8. Project Signage and Designation of 1r ►1; letStated Facilities. Each capital
project in exces's of $2$0,000 funded:ip ole or in pert by revenues from the TransNet
ExtensionEirdinaritelhall be clearrydesignated during its construction or
implem*itation as being;provided by revenues from the TransNet Extension Ordinance.
Grantee agrees-tofollow the Project Si page Specifications. SANDAG will provide sign
pecifications. ;antee agree's tp follow Sign specifications and submit proof files to
SANDAG fora ppr‘okrailziefore printing.
IRaCelhte Fcr capital projects, Grantee is required to coordinate with
. SANDAG stdf N i the devei went of a baseiine data collection plan in accordance
:with the Project,implementation and Oversight Requirements.
Applie@ore of laws . Should a federal or state law pre-empt a local law, regulation, or the
TransNet'ctensionrdanance, the Grantee must comply with the federal or state law and
irnplementiritgr'etufations. No provision of this Agreement requires the Grantee to observe or
enforce compiiatiece 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
vioiate any iaw, 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 (5ANDAG Ordinance 04-01). Although 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 all federal, state, and local laws and ordinances as
applicable.
D. Significant Participation by a Subgrantee. Although the grantee may delegate any or
almost ail Project responsibilities to one or more subgrantees,. the Grantee agrees that it,
rather than any subgrantee, is ultimately responsible for'conp'I Spce with all applicable laws,
regulations, and this Agreement.
Third Party Contracting. Grantee shall not award contracts over three thousand dollars
($3,000) on the basis of a noncompetitive prpturernent for work to be p armed under this
Agreement without the prior written approva'•of #NDAG Contracts awarf by Grantee, if
intended as local match credit, must meet the re4wer4 set forth in this Agreement
regarding local match funds.
tiI �
1. If Grantee hires a consul Fitt! carryput professtgtl..services funded under this
Agreement, Grantee shall.. repare. n Independent -Oak Estimate (ICE) prior to
soliciting proposals; publicly 2dvertise`for competing proposals for the work; use
cost as an evaluation factor ih selectir the'c u1tant; document a Record of
Negotiation O establishin .thath# eamount paid by Grantee for the consultant
service fs fair arrd reasonable; and.pass through the relevant obligations in this
Agreement to the c nsultant. �-
2. If Granteefiiresa corrtractur to carry out construction services funded under this
:.Ag.r.eement, Grantee shall' -prepare•an ICE (e.g., a construction cost estimate) prior to
. '`• • solidting bids;`*tidy advertise'for competing bids for the work; award the work to
the low st•responsive a.nd responsible bidder; document a RON establishing that the
amount oaios•by Grantee:for the construction services is fair and reasonable; and
\\ pass through the relevaAtobligations in this Agreement to the contractor.
P. Grae e's •Responsib ity to Extend Agreement Requirements to Other Entities
.iy
1. Eira 'i jeS. ►ir eca . Grantee agrees to take appropriate measures necessary to ensure
that all.?roject participants comply with ail applicable federal laws, regulations, and
policies a'Xecting 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
written document to ensure that each entity participating in the Project complies with
applicable laws, regulations, and policies.
3. Slowdown. 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.
No SANDAG Obligations to Third -Parties. in connection with:tfwe Project, the Grantee
agrees that SANDAG shall not be subject to any obligations or.ifabifiities to any subgrantee,
lessee, third -party contractor, or other person or entity that-l's not a party to the Agreement
for the Project. Notwithstanding that SANDAG may have.cortagted in or approved any
solicitation, subagreement, lease, or third -party contract a' any tie!, SANDAG has no
obligations or liabilities to any entity other than th# Grantee, inciug any subgrantee,
lessee, or third -party contractor at any tier.
I1, Changes in Project Performance. The Grarilee agrees to.riotjfy SANDAG-Immediately, in
writing, of any change in local law, conditions (ill tiding s legal, financial, or`technicai
capacity), or any other event that may adversely affeq'the-Grantee's ability to perform the
Project in accordance with the ter:,ofthe Agreemerit-rd as required by Board Policy
No. 035. The Grantee also agrees to niANDAG immeotely, in writing, of any current or
prospective major dispute, breach, efault;'o 0 9ation that ay adversely affect SANDAG's
interests in the Project; and agrees to,inform SAN AAG •also in Writing, before naming
SANDAG as a party to litigation for an'yreason,..i an -um: At a minimum, the Grantee
agrees to send eachtSiaticeto SANDAG ceratijrdd by this subsection to SANDAG's Office of
General Counsels`
I. Standard of Cate, The Grantee expressly altar ants that the work to be performed pursuant
to this Agreementshall be''perfotme-d--in accofdance with the applicable standard of care.
Where approval by SANDAL; its Ekett.ttiveDirctor, or other representative of SANDAG is
indtated in the:Swope of..Work, it is understood to be conceptual approval only and does not
,relieve the Grange ref respbnbi.lity for complying with all laws, codes, industry standards,
a� tj iiaoiiity for aal ages cause ,by negiigent acts, errors, omissions, noncompliance with
\iridOstry standards, d the willfuF'risconduct of the Grantee or its subgrantees.
Ill. 12T •
•t
A. CEeantee of. suctf5wandards of Conduct. The Grantee agrees to maintain a
written code'of conduct or standards of conduct that shall govern the actions of its officers,
employees, cocirt or board members, or agents engaged in the award or administration of
subagreements, leases, or third -party contracts supported with IS GIP or ATGP] Funding. The
Grantee agrees that its code of conduct or standards of conduct shall specify that its officers,
employees, council or board members, or agents may neither solicit nor accept gratuities,
favors, or anything of monetary value from any present or potential subgrantee, lessee, or
third -party contractor at any tier or agent thereof. The Grantee may set de rninimis rules
where the financial interest is not substantial, or the gift is an unsolicited item of nominal
intrinsic value. The Grantee agrees that its code of conduct or standards of conduct 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. Personal Conflicts of interest. The Grantee agrees that its code of conduct or
standards of conduct shall prohibit the Grantee's employees, officers, council or board
members, or agents from participating in the selection, award, or administration of any
third art or subagreement supported by SG]P .t'ATGP; Fundingif a real or
third -party �y contractyC:: �.ii.%r'�. [.ru �. ,.z. �L� �
apparent conflict of interest would be involved. Such a.i i01ict would arise when an
employee; officer, board member, or agent, includinri anymember of his or her
immediate family, partner, or organization that e ploy ;� r intends to employ, any of
the parties listed herein has a financial interest ire ; firm co ng for award.
2. Organizational Conflicts of Interest. The Grantee agrees tha tlas.code of conduct or
standards of conduct shall include products for identifying and pting real and
apparent organizational conflicts of interest, An organizational conflict of interest
exists when the nature of the work to be performeiforider a proposed third -party
contract or subagreement may, without somertrictions on future activities, result in
an unfair competitive advantage -to, the third-parkcontractor or subgrantee or impair
its objectivity in performing'the'c tractwork. _`,,:
�. SANDAG Code of Conduct. SANDAL has establish policies'eo icerning potential conflicts
of interest. These policies apply to Grantee. ForAti avuar.}iy-SANDAG, any practices which
might result in unlavaut activity are prdtibitail including, 'but not limited to, rebates,
kickbacks, or other unlawfi[ consideratidrti. SANDAG staff members are specifically
prohibited from participatint in the select* process when those staff have a close personal
relationship, family relation hip, _or past (wfthirt. the last 12 months), present, or potential
business or employe enter lationowith. a Person or business entity seeking a contract with
SANDAGG., iti&unlawful or any contract oo-be made by SANDAG if any individual
Bperd member ter or staff ha, a prohibited financial interest in the contract. Staff are also
Orohibited om soli ting or ccepting gratuities from any organization seeking funding from
SANDAG. SANDAG'"s_o ficers, err oyees, agents, and Board members shall not solicit or
�ptgifts, gratuities, favors, or anythi .ng of monetary value from consultants, potential
con-S Otants, or partie4to subagreements. By signing this Agreement, Grantee affirms that it
has no'crowledge of:n`ethical violation by SANDAG staff or Grantee. If Grantee has any
reason td•believe aCbnflict of interest exists with regard to the Agreement or the Project, it
should noiiiyv.e e4AiitiAG Office of General Counsei immediateiy.
C. Bonus or Commiission. The Grantee affirms that it has not paid, and agrees not to pay, any
bonus or commission to obtain approval of its [SGIP or AT GP; Funding application for the
Project.
n,
False or Fraudulent Statements or Clairns. The Grantee acknowledges and agrees that by
executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and
accuracy of each statement it has made, it makes, or it may make in 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 ;s L _ percent (; .%). 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 SANDAG for the Project is the amount that forms the basis upon
which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentages)
of SANDAG Participation.
V. MATCHING FUNDS
: .
Grantee has proposed to provide matching funds for the Pro' tarid" efore agrees as follows:
A. Duty to Obtain Matching Funds. The Grantee,abrees to provide sINfficient funds or
approved in -kind resources, together with the{G1P or ATGP] Funding 'awarded, that will
assure payment of the actual cost of each Prr jest activity covered by this Aimeernent. The
amount of matching funds and percentage(s) cif. aetchin24unds Grantee shaI provide are set
forth in the Approved Project Budget. The Granteeesto complete all proceedings
necessary to provide its share of the Project costs at or j efore the time the matching funds
are needed for Project costs. % t'
B. Prompt Payment of Matching Funds. Ti-ieiGtantee,agree's'V provide the proportionate
amount of the matching funds promp y as it ins s Proe t costs'or Project costs become due.
Each of Grantee's invoices must included#$ proafata•nlakhJrig fund contribution as reflected in
the Approved Project B et; along wit' supporting, descriptive and/or explanatory
•
documentation-lotthematching funds prqvIded.
C. Reduction of Matching FLinds;-The Grants agrees that no refund or reduction of the
amount of matching fur�ds r>rjay b made..unl `mac; at the same time, a reduction of the
proportitsialamount of.the.ISGIP orlirT pj Funding provided is made to SANDAG in order to
rip 'stair- he laxmum Percentages) of SANDAG Participation.
VI. ;`.p,:i,®P VED
Except to- ie extent that SANDAG determines otherwise in writing, the Grantee agrees as follows:
The Grant&and SANDAG have, agreed to a Project budget that is designated the "Approved
Project Budge .a The Grant will incur obligations and make disbursements of Project funds only
as authorized by e.Approved Project Budget. An amendment to the Approved Project Budget
requires the issuanc&of a. formal amendment to the Agreement, unless the re-ailocation of funds
among bus get items dr fiscal years that not increase the total amount of the [SGIP or ATGP]
Funding awarded for the Project, does not negatively impact the benefits obtained from the
Project, and is consistent with applicable laws, regulations, and policies, Prior written SANDAG
Project Manager approval is required for transfers of funds between Approved Project Budget line
items.
20
VII. 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 paymenis from SANDAG, will cover all costs to be incurred for the Project.
Except to the extent that SANDAG determines, in writing, that the Grantee may defer its
provision of matching funds for the Project, a Grantee is required under the terms of this
Agreement to provide matching funds for the Project and agrees that it will not:
Request or obtain matching funds exceeding the amount jtt+fied by the matching
share previously provided, or
2 Take any action that would cause the proportion oofISGI,P:or.ATGP] Funding made
available to the Project at any time to exceed thd_ipeftentair authorized by the
Agreement for the Project.
R. Payment by SANDAL, Upon receiving a request for payment and adegate supporting
information, SANDAG will make payment, [cir-,kor projects with TDA funding, authorize the
County of San Diego to make payment] for elig .earnoufits to Grantee withi ..Thirty (30)
days if Grantee has complied with the requirementsp#.Agreement, including submission
of a Quarterly Report which is inclpded..as Attachment, ilas satisfied SANDAG that the
[SGIP or ATGP] Funding requestetitits nedfor Project pses in that requisition period,
and is making adequate progress ti rd ctcompletion..0-nsistent with Board Policy
No. 035. After the Grantee has demrated safary compliance with the preceding
requirements, SANDAG may reimburse 'tie Gra `s-eint allowable costs incurred
consistent with theAp oged Project fd9et,DAG sh iretain ten percent (10%) from
the amounts invollAci,.untikatisfactory completion of work. SANDAG shall promptly release
retention amcotnts:to Grange following fintee's satisfactory completion of work and
receipt of Grantee's final inyyiee_and all rec{tired documentation.
C. Eligible Costs. The niee-agiee thafi'Project costs eligible for [SGIP or ATGP] Funding
must niply-with the ibillowing requirements, unless SANDAG determines otherwise in
u t] : To beejigible for-r imbursement, Project costs must be:
•
Consistent wig ^e Projec:ope of Work, the Approved Project Budget, and other
provisions of -die Agreement.
•
2. Necessary in order to accomplish the Project.
3. Reas60blerfortlie goods or services purchased.
4. Actual ne osts to the Grantee (i.e.,the price paid minus any refunds, rebates, or other
items of value received by the Grantee that have the effect of reducing the cost
actually incurred, excluding program income).
5. Incurred for work performed, 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 invoice.
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).
p
Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGIP or ATGP].
q. Indirect Costs are only allowable with SANDAG
��r vuviC... YY� ��, prior .1rAivvl"�l7 ab;,l Vl+l:Ei, G!'dllleE3 must submit the
following documentation as part of the grant application" aerials: (1) an indirect cost
allocation audit approved by a qualified independent i.`uOtor or (2) the applicant's
proposed method for allocating indirect costs in acrce with OMB guidelines.
Indirect cost allocation plans must be reviewed and rehev nnually.
10. Project generated revenue realized bythe,,Gantee shall be utiltred in support of the
Project. Project generated revenue and .eipenditures, if any, shall -be reported at the
end of the Agreement period.
D. Excluded Costs
1. In determining the amouryzif ISSG1P or ATGP] Fuhditng.SANDAG will provide for the
Project, SANDAG will exclude:
a. Any Project cost incurred,bythe Grantee before either the date SANDAG issues a
Notice to Proceed to Grarkee.or thertffecthOilitrte of the Agreement or any
AmendrnentJthereto;
b. Ap cow that isnot included in the latest Approved Project Budget;
Any cat for Precd property orvices received in connection with a
subagreeTentyaie,-third7Party,lacintract, or other arrangement that is required
td be, but', not been, conc rred in or approved in writing by SANDAG; and
An» o t.ineliaibi f br SANDAG participation as provided by applicable laws,
regula r;..or pC :.
" .
Certain costs at }ilrries associated with bicycle and pedestrian projects are not eligible
the benefit provided is not the exclusive use of bicyclists or pedestrians. These
instances are listed below.
a. C‘ilkb and gutter are part of the roadway drainage system. As such, newly
installed curb and gutter cannot be considered an improvement exclusively for
the benefit of the sidewalk or bike lane and are riot an eligible expense.
b. Driveway ramps installed across sidewalks are not for the benefit of pedestrians,
and in fact, degrado 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.
c.
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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 bikeway or sidewalk. In such cases the cost of this work is
most likely eligible, but claimants should carefully document why this is so in the
claim submittal.
E. The Grantee understands and agrees that payment to the Grime:for any Project cost does
not constitute SANDAG's final decision about whether that4Castis allowable and eligible for
payment under the Project and does not constitute a wah!er of any by the Grantee
of the terms of the Agreement for the Project or Boa.rdIcy No.9. :The Grantee
acknowledges that SANDAG will not make a final .e termination a .xt the allowability and
eligibility of any cost until the final payment hasteeh made on the P.r'okect or the results of
an audit of the Project requested by SANDAL #r as Indepen9ent Taxpayer':Oversight
Committee (ITOC) has been completed, which occurs Latest: If SANDAG `d rrnines that
the Grantee is not entitled to receive any portion`of the' l#or ATGP] Fundirib requested or
paid, SANDAG will notify the Grantee in writing, sta'tfiti fps reasons. The Grantee agrees that
Project closeout will not alter thet rantee's responsibility tq return any funds due to SANDAG
as a result of later refunds, correciimirmance deficiencies, or other similar actions; nor
•
will Project closeout alter SANDAG' :light t; lbw costs an recover funds provided for the
Project on the basis of a later audit or„other revlepii.:Upon:.notification to the Grantee that
specific amounts are owed to SANDAG,. hethef #or "ateris\payments of [SGIP or ATGP]
Funding, disallowed -fob, or funds recoire fluiii third parties or elsewhere, the Grantee
agrees to prompfyre'mit toSANDAG theVtnaunts owed, including applicable interest,
penalties and idrninistrative tharges.
VIII. ACCOUNTING RECORDS
In compljefkewith appi cable'l w regulations and policies, the Grantee agrees as follows:
•
Project Accountsx.The Grand agrees to establish and maintain for •me Project either a
\loaparate set of accoi`dr separate accounts within the framework of an established
a\er3ounting system that can be identified with the Project. The Grantee also agrees to
mairit in documentat4on of all checks, payrolls, invoices, contracts, vouchers, orders, or other
account4r g documen s related in whole or in part to the Project so that they may be clearly
identified;dhJy,.asssible, and available to SANDAG upon request and, to the extent
feasible, kept rate from documents not related to the Project.
�#. Documentation of Project Cots and Program Income. Exceot 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.
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IX. REPORTING, RECORD RETENTION, AND ACCESS
A. Types of Reports. The Grantee agrees to submit to SANDAG a!! reports required by law and
regulation, policy, this Agreement, and any other reports SANDAG may specify:
E. Report Formats. The Grantee agrees that all reports and other documents or information
intended for public availability developed in the course of the Project and required to be
submitted to SANDAG must be prepared and submitted in electronic and/or 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 fgrifhree years thereafter from the
date of transmission of the final expenditure report, the,Giantee: agrees to maintain, intact
and readily accessible, all data, documents, reports, ree$nis,"contf.acts,and supporting
materials relating to the Project, as SANDAG may ralwire.
D. Access to Records of Grantees and Subgranteas. The Grantee agrees to permit, and
require its subgrantees to permit, SANDAG gqits authorized epresentativ4s,, upon request, to
�s
inspect all Project work, materials, payrolls, ander da, and to audit the �bs, records,
and accounts of the Grantee and its subgrantees puling to the Project.
E. Project Closeout. The Grantee a reesthat Project closest does not alter the reporting and
record retention requirements of this)kgrevenient.
4 '
F, Quarterly Reports. Grantee shall suit writte Auart riy reports to SAN DAG detailing the
progress of its work, expenditures incu*d, aryl' inforrr atj n regarding whether the Project is
il
projected to be co eted within the liNlitSa.ttte Approved Project Budget,
Project Schedule; anti consis ent with Board Policy No. 035 and any policy amendments
thereto. Grantee shall docur4ent the progre sand results of work performed under this
Agreement to the,.atsfaction SANDAG, tiS'includes progress and final reports, plans,
specifications, estimates; ark otiev&dance df attainment of the Agreement objectives,
which -We -requested by$ANDAG or ItOC rantee may be required to attend meetings of
SAII;IDAE-siaig4indcommiees, including but not limited to ITOC, the Regional Planning
Committee, the Transnortaticr bmmittee, and the SANDAG Board of Directors, to report on
'•::", %renre5s and respond.,to que ions.
G. Communities Serve0 Data and Report. If requested, Grantee shall provide SANDAG with
data regarding how the Projects benefits and burdens were equitably distributed among
socio and-e‘Fahomicpopulations in the area affected by the Project, and associated smart
growth data.,
X. Project C' 477, !mtic t, 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 fine! Ceports, as applicable. All 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 rein be ' :chided
Note to SANDAG Contracts Staff: Please choose the appropriate:
For TransNet-funded projects:
The Grantee agrees to have financial and compliance audits performed as SANDAG may
require consistent with the TransNet Extension Ordinance. The'Gra_ritee agrees that Project
closeout will not alter the Grantee's audit responsibilities. Atidit costs are allowable Project
costs.
For TDA-funded projects:
The Grantee agrees to have financial and con lance audits performed'akaANDAG may
require consistent with Public Utilities Code Se ton 99245,ifint.TDA funds; atk consistent with
the TransNet Extension Ordinance for TransNet 2ih.ThAi Grantee agrees that..Project
closeout will not alter the Grantee's audit responsiftses;.Audit costs are allowable Project
costs.
C. Performance Audit. The Grantee\a0ees,to cooperate with SANDAG or ITOC with regard to
any performance audit that is perfo'Mled on lhetroject pursuar,tto the TransNet Ordinance.
D. Project Closeout. Project closeout occvr5 wh"ori ANb'AG. r fies the Grantee that SANDAG
has closed the Project,,, if applicable`;. :.forwards the final [SGIP or ATGP] Funding
payment and or ckpowlear esithat the Grantee has remitted the proper refund. The Grantee
agrees that Prdject`closeout boy SANDAG di of invalidate any continuing requirements
imposed by the Agreemenv'br> ny unmet rebiuifernents set forth in a written notification
from SANDAG.
E. Py je ..Qrtritee was. v carded this Agreement based on representations in its grant
application regar ji.n0- the Prof is intended use. If the Project is a capital project, Grantee
hereby commits to'rzinued *of the Project for the purposes stated in its application for =,
Pfvfloci of at least fiveW ars after completion of construction. SANDAG may require Grantee
to ?nci SLIP funding provided for the Project in the event Grantee fails to utilize the
Project -for its intend purposes as stated in the grant application or for any disallowed costs.
X!. TIMELY PROGRESiAND RIGHT OF SANDAG TO TERMINATE
A. Grantee shall ma`ice diligent and timely progress toviiard comp!etion of the Project within the
r_irneiines 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(c) 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 may susp,l ;.or terminate all or any
part of the [gulp or ATGPj Funding to be provided for the Prci et if the Grantee has violated
the terms of the Agreement, or Board Policy No. 035, or if SANDAG determines that the
purpose of the laws or policies authorizing the Project yld'np0t be adequately served by the
continuation of [SGIP or ATGPj Funding for the Project\
D. In general, termination of [SGIP or ATGP] Fundidi for the Project will opt invalidate
obligations properly incurred by the Granteebefore the termination dat6 he extent those
obligations cannot be canceled. If, however, SANDAG deteites that the Garitee has
willfully misused [SGIP or ATGP] Funding by failin)LIbmil4 adequate progress, -or failing to
comply with the terms of the Agreement, SANDAG lives the right to require the Grantee
to refund to SANDAG the entire at»oiint..of [SGIP or ATGPj Funding provided for the Project
or any lesser amount as SANDAG may
Fro Expiration of any Project time period\establisheliv*e-ProjectSghedule will not, by itself,
automatically constitute an expirationd r termintition o fteAgreement for the Project,
however, Grantee rxtW request and SAINICiAoiniay agree toamend the Agreement in writing
if the Project Scheataje wiTi.j ot::be met.A))6inendment to the Project Schedule may be made
at SANDAG's c scretion if Gr tee's request, is.consistent with the provisions of Board Policy
No. 035.
XII. CIVIL RIGHTS_
The Gralntee agrees comply : all applicable civil rights laws, regulations and policies and shall
inci e the provisions M s Se:ti ;.?.in eac`, subagreement, lease, third party contract or other
legally binding document` perform pork funded by this Agreement. Applicable civil rights laws,
regulations and policies include, but are not limited to, the following:
A. Nondisnination,.'SANDAG implements its programs without regard to income level,
disability,``rr,ce, col@i, and national origin in compliance with the Americans with Disabilities
Act and Title tOfte Civil Rights Act. Grantee shall prohibit discrimination on these grounds,
notify the pu614: of their rights under these iaws, 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 SANDAGimmediatelyif a complaint is lodged that relates to the Project
or program funded by this grant.
B. Equal Employment Opportunity. During the performance of this Agreement, Grantee and
all 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 sexuai 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 seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, et seq_). The
applicable regulations of the Fair Employment and Housing.. -Commission implementing
California Government Code Section 12990 (a-f), set forth in Cuter 5 of Division 4 of Title 3
of the California Code of Regulations, are incorporated into" this.A.greement by this reference
and are made a part hereof as if set forth in full. Grant4 onti its subcontractors shaii give
written notice of their obligations under this clause to Jabor -ocganizations with which they
have a collective bargaining or other agreement. l'
XIII. OWNERSHIP OF WORK PRODUCT
SANDAG shall own any deliverables created in wholg•o.in part y SANDAG' benefit pursuant to
the Scope of Work for the Project. The term "deliv s" includes, but is not\limited to, all
original drawings, reports, photos, and other documents;luding detailed calculations and other
work product developed for the Project&iervices performed bnthe Project.
XIV. DISPUTES AND VENUE
A. Choice of Law. This Agreement sii ji .be inter pet d in. -accordance with the laws of the
State of California.
•
B. Dispute Reso!Ut on Prod.' In the eveot Grantee has a dispute with SANDAG during the
performance of t i Agreerrkent, Grantee `still continue to perform unless SANDAG informs
Grantee in writin'to cease;performance. The.dispute resolution process for disputes arising
under this Agreeme'nShall be asflovs.
Garrt sl3all st.;&p,it:a. statement of the grounds for the dispute, including all
pertinent—ts, nabs of persons involved, and supporting documentation; to
SANDAG's Pr c`t nhanatq :'The Project Manager and other appropriate SANDAG staff
will review the dt3cumentafion in a timely manner and reply to Grantee within twenty
calendar 40r,S. Upon receipt of an adverse decision by SANDAG, Grantee may
submit a requ t for reconsideration to SANDAG's Executive Director. The request for
rect,ttsk4erati45n:friust be received within ten (10) calendar days from the postmark date
of S ' DA 's.' reply. The Executive Director will respond to the request for
reconside474tion within ten (10) working days. The decision of the Executive Director
will be in writing.
2. !f Grantee is dissatisfied with the results following exhaustion of the hove dispute
resolution procedures, Grantee shall make a written request to SANDAG for appeal to
the SANDAG Regional Planning Committee for SW 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.
XV. ASSIGNMENT
Grantee shall not assign, sublet, or transfer (whether by assignment or. iovation) this Agreement or
any rights under or interest in this Agreement. r
XVI. INSURANCE
Grantee shall procure and maintain during the period o perfarmanceAQf this Agreement, and for
twelve (12) months following completion, policies. --.of .:insurance fratil insurance companies
authorized to do business in the State of Californi for the equivalent types and amounts of self-
insurance, as follows: 'N.%
A. General Liability. Combined single limit of 11400ci:009. per occurrence and $2,000,000
general aggregate for personal and.. bodily injury, inxlfng death, and broad form property
damage. The policy must inclucice•an acceptable "Waiyet..of Transfer Rights of Recovery
Against Others Endorsement." The,polityrr►ta t name SAN G as an additional insured in the
endorsement. A deductible or retentibn may utilized, subjet to approval by SANDAG.
•
B. Automobile Liability —For personal bodilyinji:rryi-including death, and property damage
in an amount not Iasi —than #1,000 000. •� :.
C. Workers' Compensation and Employer's ,Liability. Policy must comply with the laws of
the State of CaY omia. Thg:,pgl.icy must intude an acceptable "Waiver of Right to Recover
From Others Endor`s7ienr nag SANDAG s an additional insured.
D. Other.Regtuite ents.Graatntee shall f0vnish satisfactory proof by one or more certificates
,(t=ri inal copid4ffiat it ha` ., he.foregoina insurance. The insurance shall be provided by an
acceptable insurari{ .provider, a5. determined by SANDAG, which satisfies the following
t iriinium requirementti `
1. -. insurance caj'i:er qualified to do business in California and maintaining an agent for
s`errice..of pro‘ess within the state. Such insurance carrier shall maintain a current
f
AJv $ s't:.ratnq classification of "A-" or better, and a financial size of "$10 million to
$24 milinrlass 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
s aiifornia and the policy provides for an agent tor 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 SANDAG. For purposes of this notice requirement, any
material change in the policy prior to its expiration shall 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, indemnify, protect, and hold SANDAG and its agents, officers,
Board members, and employees harmless from and against any and ail 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_-ii; y to the Grantee's or its
subgrantees' employees, agents, or officers, which arise frOrn or are connected with or are
caused or claimed to be caused by the negligent, reckteis, sinful acts or omissions of the
Grantee and its subgrantees and their agents, officers,'"vrernpl*we in performing the work
or services herein, and all expenses of investigatig•and defendinfj.against same, including
attorney fees and costs; provided, however, the the Grantee's duty\to indemnify and hold
harmless shall not include any claims or liabijky arising from, the establi3 d sole negligence
or willful misconduct of SANDAG, its Board of l�.ors, ag ts, officers, oremployees.
• ,
B. Intellectual Property. Upon request by SANDAG, tt7e Grantee agrees to indemnify, save,
and hold harmless SANDAG and i - Tara of Directors deers, agents, and employees acting
within the scope of their official'•;iEItisainst any liabft.,including costs and expenses,
resulting from any willful or inte itionaleviolation by the,;:Grantee of proprietary rights,
copyrights, or right of privacy, ariTIO out of 4he publication, translation, reproduction,
delivery, use, or disposition of any dal furnishes under tfte Project. The Grantee shall not be
required to indem q ref' ySANQAG for any itish.11,al5ility cauSed solely by the wrongful acts of
SANDAG employe s ora-ge
XVIII. INDEPENDENT' TRACT,t t_
A. Status of Grantee.`Grantee shall j r#orni ' he services provided for within this Agreement as
an intieperideitt contra r, and not as`Elia.:mployee of SANDAG. Grantee shall be under the
control of SANQAG-as to the result to be accomplished and not the means, and shall consult
sn4tk SANDAG as'kteeirg.led fo^ n..the Scope of Work. The payments made to Grantee pursuant
xs ihis Agreement sh ii'be the fui#'and complete compensation to which Grantee is entitled.
SANDAG shall not rn4,e any federal or state tax withholdings on behalf of Grantee. SANDAG
shall dot be required' to pay any workers' compensation insurance on behalf of Grantee.
Grantee•-, geees to ipclernnify SANDAG for any tax, retirement contribution, social security,
overtime pen;for workers' compensation payment which SANDAG may be required to
make on behlif of Grantee or any employee of Grantee for work done under this Agreement.
R. 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 SANDAL and Grantee as to
those matters contained in it. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered hereunder. This Agreement may not be modified or altered
except in writing, signed by SANDAG and the Grantee.
XX. PROJECT MANAGER
The Grantee has assigned [INSERT PROJECT MANAGER NAME1 s The Project Manager for the
Project. Project Manager continuity and experience is deemed,ftsetltiki: in Grantee's ability to carry
out the Project in accordance with the terms of this AgreTnt. Santee shall not change the
Project Manager without first providing written notice to•:NbAG. .:
XXI. NOTICE
Any notice or instrument required to be given
delivered by depositing the same in any United
prepaid, addressed to:
San Diego Association of Governments `.
401 B Street, Suite 800
San Diego, CA 92101
Attn: Susan Baldwin 15uchi Mukherjee
Grantee:
[LOCAL AGENCY NANI,E°
[LOCAL AGENCY AD15RE'SS]
Attn: [LOCAL AGENCY1 OJECT M1 NA .ER]
Notice shall be -effective upon receipt there&ft -1
Note,6 '„ .. NDAd.enntracts $ttff.-..After receiving this original agreement back from the
Graffse 'and before a g 4i oe ,1 ona6 agreerrient for Finai SANDAG "wet" vgnatEares,
confr n with SANDAG.finance an l Planning staff that the applicable RV!' has been
or `delivered by tWs Agreement y be given or
States' -A -Office, registered or certified, postage
•
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XXII. SIGNATURES
The individuals executing this Agreement represent and warrant that they have
and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
above.
SAN DIEGO ASSOCIATION Oh GOVERNMENTS [INSERT ILIRISDI4TION1
GARY L. GALLEGOS OR DESIGNEE Mill Name]
Executive Director [Title]
the iegai capacity
the date written
APPROVED AS TO FORM: Al O (ED'AS TO FORM:
Office of General Counsel
31
[Title]
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 •
]
1•
(INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUf ET) s `
•
Trot-EON/et NEPO ID NO.
32
ATTACHMENT B
SiIIN air
BOARD POLICY NO. 035
COMPETITIVE GRANT PROGRAM PROCEDURES
Applicability and Purpose of Policy
This Policy applies to all grant programs administered through S,4AG, whether from TransNet or
another source, including but not limited to the Smart Grow-tki:lri.centive Program, Environmental
Mitigation Program, Bike and Pedestrian Program, Senior`. i1ni Grp 'Program, Federal Transit
Administration grant programs, and Active Transportatiorierant Prograr
Nothing in this Policy is intended to supersede federalorstate grant rules, rre lations, statutes, or
contract documents that conflict with the requitetkuents in thisAPoiicy. There" re.never enough
government grant funds to pay for all of the projects: i rthy.offuti' funding in the ' an:Diego region.
For this reason, SANDAG awards grant funds on a combeketble basis that takes the grantees' ability
to perform their proposed project on a ti rely basis into ac`cr1LSANDAG intends to hold grantees
accountable to the project schedules\th t have proposed"tn Order to ensure fairness in the
competitive process and encourage gran't,aes'tb4st their projects Tr4plemented quickly so that the
public can benefit from the project deliverat4 s as SOOttasPossible. `
Procedures
1. Project Milestone and Completion Deadi tae$
1.1. When signing a /grant.. agreement for a competitive program funded and/or
administered by S4tNl3-Al.a,"grant rcdpients rt)ust agree to the project delivery objectives and
sched-u#es-in,the agreement. In addition, :grantee's proposal must contain a schedule that
f iswithwt.,the :followng deadlines. Failure to meet the deadlines below may result in
fpvacation ofall. grant funs not already expended. The final invoice for capital, piannino.
or operations qra ust be`ibraitted prior to the applicable deadline.
.. 1.1.1. Funding' for Capital Projects. If the grant will fund a capital project, the
project must be completed according to the schedule provided in the grant
'agreemen; 'but at the latest, any necessary construction contract must be awarded
A! ?a!? +.moo ;ears following execution of the grant agreement, and construction
must e pompleted within eighteen months following award of the construction
contrait. Completion of cons ruct;or, for pu.:rpeses of this policy shall be when the
prime construction coriractor is relieved from its maintenance responsibiiities. 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 execution of the giarri agreeme i and the operations must
commence within six months following award of4e operations contract. if no
services contract for operations is necessary, the poerations project must commence
within one year of execution of the grant agreOmerif.
1.1.4 Funding for Equipment or Vehiclt.en rants. If the giant will fund equipment
or vehicles, the project must be completed According to the sa#edule provided in the
grant agreement, but at the Jatest,�'is�ny: necessary purchase con Jets for equipment
or vehicles must be awarded withih o ie year,, i<{kwing execu ' n of the grant
agreement, and use of the equipment , id fbr the benefit of the public must
commence within six months following a+niatcd of the purchase contract.
2. Project Milestone and CompJetic i:DDeirlIi'.e. xtensions
2.1. Schedules within grant agr, ernents may ifittude project scopes and schedules that
will identify interim milestones in dition tratthossr d s13ribed in Section 1 of this Policy.
Grant recipients mag receive extensi .pn/tileir project, schedules of up to six months for
good cause. Extensions -of u ► to six mires ggregate that would not cause the project to
miss a completion deadli1e z in Sector\ 1 'may be approved by the SANDAG Executive
Director. Externs beyond six_months aggregate or that would cause the project to miss a
completion dead -ripe In,riettiorylmust be lipproved by the Policy Advisory Committee that
has been.._delegated•lhe necessary -:quit rntyby the Board. For an extension to be granted
ur1 er th0 Staun 2, the following con ions must be met:
2.1.?. .tRr wensidrk.reguests of up to six months, the grantee must request the
extension i .Writing to-lhe SANDAG Program Manager at least two weeks prior to
the earliest roject schedule milestone deadline for which an extension is being
requested. The Executive Director or designee will determine whether the extension
' Mould be granted. The Executive Director's action will be reported out to the Board
i liowMci 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
appeal to the SANDAL 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. Unexpended 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 deadiine in Section 1 (including those projects"Aat were already granted
extensions by the Executive Director and are again fal fg: behind schedule), will be
considered by the Policy Advisory Committee upon r.iest to the SANDAG Program
Manager. _.\
{
3.2 A grantee seeking an extension must diment prevjs efforts undertaken to
maintain the project schedule, explain the res for the delay, pain why the delay is
unavoidable, and demonstrate an ability to eed in the extended time frame the grantee
proposes. The grantee must provide the necary inforrtion to SANDAAi staff to place in
a report to the Policy Advisory Committee. 1fti iffici ;,time is available;�and the grant
utilized TransNet funds, the request will first 'Ile taken to the Independent Taxpayer
Advisory Committee (ITOC) 'a recommendation. The grantee should make a
representative available at the\9-.to present `t: information to, and/or answer
questions from, the lTOC and Polity Adv`is +.tOrprnittee. `
3.3 The Policy Advisory Committee will one grant ati extension under this Section 3 for
extenuating circumsti i s that the grsnteg-t s ld" not Flare"reasonably foreseen.
4. Resolution andExecution q tthe Grant t > ment
4.1 Two weeks. priorft the review by.t#aie Policy Advisory Committee of the proposed
grants, prospective. rarttstn � t. 3u+ita OPsolution from their authorized governing body
that-ifidud s the prow ions in this Stibspetion 4.1. Failure to provide a resolution that meets
the uiren its -.in this \Subsection 4.1 will result in rejection of the application and the
application win* 'd.ropperklfntrn consideration with fiu iding going to the next project as
stored by cvu zton co+i tte, : order the � � ��4.�acc. + to assist grantees in meeting this resolution
'deadline, when SAkpAE issues 'the call for projects it will allow at least 90 days for grant
action submissio?
'`4,i.1 .. Griakee governing body commits to providing the amount of matching
fuss set -forth 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 call for grant applications.
Adopted: January 2010
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
manager. Grantee must provide SANDAG with updated contact information in a timely manner if
there are any changes to staff assigned.
2. Baseline Data Collection: Prior to the construction of graet-fpridcd improvements, the
Grantee is responsible for developing a baseline data collection-06h with SANDAG to gather
information on pedestrian and bicyclist activity. At a minip jrr ,data should be collected for
observed bicycle and pedestrian volumes, behavior, and attitlUd`in thq project area. Once the data
collection plan is approved by SANDAG staff, the Grant.eiis responsible_for carrying out the plan
and returning collected data to SANDAG as a deliver bie. Standardized `forrns required for data
collection will be provided by SANDAG.
Grantees are encouraged to use the National Bic Ie .ancAeciestrian Docurn rttation Project
methodology and plan for the following:
• Conduct counts prior to project construction, during.-lational Documentation Days in the
second week of September. Su ►em ta.y counts and-.urveys can be conducted during
January, May, and July to provide spaisonardata, if desired. .
l f
Conduct counts for two hours, at p6aic times'reiativ`e~tp the facility. For example, facilities
attracting utilitapn tri 'should be c on a Tuesday, Wednesday, or Thursday from
5 to 7 p.m., whereat faali ies attractinq,,recreational trips should be counted on a Saturday,
from 9 to 11 a.t, •
In the
case that the above tiro fr rues are deeni infeasible due to the project schedule, the
Grantee and-- DAG will, collaborate-PAd in -alternative data collection methodology and
procedt,F6,
A s set of 'Grantees rrik be seiect'eq for in-depth evaluation by SANDAG, in which case, SANDAL
will cocduct the data colle on effort' iith required participation from Grantee staff. Such in-depth
evaluatiak conducted by', SANDAG will take place solely for the purpose of SANDAG
Active Tran3portation data,' collection and monitoring efforts, and will not impact Grantees'
budgets.
Grantees should pl to budget five thousand dollars ($5,000) for data collection. For questions or
assistance with data, collection, contact Christine Eary at Christine.Eary@sandag.org, or
(619) 699-6928.
. 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
SANDAG for review and comment at 30 percent, 60 percent, 30 percent, and 100 percent. SAN DAG
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
• Consistency with accepted pedestrianibicycle facility and smart growth design standards.
5. Quarterly Reports and invoices: Grantee must submit quarterly reports and invoices to
SANDAG, detailing accomplishments in the quarter, anticipated p.r6gress next quarter, pending
issues and actions toward resolution, and status of budget and srlt.e.1uIe. Furthermore, the Grantee
agrees to provide project milestone information (such as preserteti its to community groups, other
agencies, and elected officials, ground-breakings, and ri-cut:gs).to support media and
communications efforts. f'.. .
6. Media and Community Outreach Coordination: Press materials shall be. rovided to SANDAG
staff before they are distributed. SANDAG logo(s)`' Could be incl.Ued in press rt ials and other
project collateral. Furthermore, the grantee agrees'tp provide .-ft..oject milestori [,formation to
support media and communications efforts.
7. Photo Documentation: Grantees atie responsible for the owing photo documentation:
ti
• Before and after photos, which Allould bo_tiiken from si'rtkilar angles to showcase how a
particular area has been transforms .over time.;
'ti.. `
• Project milestone.pffs(such as grot4-l?r[fotgs and rfbbon-cuttings).
® Photos taken thioughtitttonstruction a e and throughout the length of the project.
Photos should be NO resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per
inch) and contain cal4.16ns with project .descriptions, dates, locations, and the names of those
featured,_if-appropriate:_
8. Proj t;Siijina§e. projett.or.program in excess of $250,000 funded in whole or in part by
reviues from the Tra .et Extens f Ordinance shall be clearly designated during its construction
or im "`. er1tation as be-iltrg piovidet7'.i"y Duch revenues. SANDAG will provide sign specifications.
Grantee'1grees to follow sit specifications and submit proof files to SANDAG for approval before
printing.
9. Performanc ; nnit 'e" : SANDAG staff may measure performance of the constructed capital
improvements agiNst hated project objectives, and evaluate the overall grant program. Grantee is
expected to meet wilkSANDA s staff to identify relevant performance measures and data sources.
and provide available data and feedback regarding the program 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 must
submit consultant draft Request for Proposals to SANDAG staff foy- review and comment for
consistency with the agreed upon Scope of Work with SANDAG (Atta went A).
3. Quarterly Reports. Grantee must submit quarterly/reports to SANDAG, detailing
accomplishments in the quarter, anticipated progress nexfi'quart ;.pending issues and actions
toward resolution, and status of budget and schedule. , `
4. Stakeholder and Community Meetings. Grantee Must provide SANDS with advance notice
(preferably within two weeks) and agendas of aid stakeholder and communtt,Meetings, and a
meeting summary following the meeting. SANDAG staff May attend any meetings`a appropriate.
5. Media and Community Outreach Coordination. Pr materials shall be provided to SANDAG
staff before they are distributed. SANE# G'logoo(s) should belnduded in press materials and other
project collateral. Furthermore, the Grantee , awes, to proving ptoject milestone information to
support media and communications effort,.:
•
6. Photo Documentation. Grantees are re onsible, 01e. oll wing photo documentation:
▪ Existing conditioirisotgs, which shod r rate the current conditions of the project site
and demonstr eTe nee ,for improvedf cilities
• Project milestone`• photos such as workps, presentations to community groups, other
agencies, and offitiefs)
Photos should- be high resol zoo (at least 4-44.•hras by 6 inches with a minimum of 300 pixels per
inch) atfd contain' -Captions with project descriptions, dates, locations, and the names of those
featu , if appropriate:. :
•
39
ATTACHMENT D
QUARTERLY REPORT AND INVOICE FORMS
TransNet Smart Growth Incertti v Program and
TransNetl DA 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, MTS, 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 vfth XYZ Group on January 1, 20/4. 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 -Etc
• Task 4 - Etc.
2. 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 RFP - 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.]
S. List of Attachments
[INSTRUCTIONS: List any deliverables or invoice documents attached to this report.
Attachments over 6MB should be sent via WeTransfer.l
WeTransfer Link: httos://sandag.wetransfer.com/
Example:
• Attachment 1: Consultant Contract
• Attachment 2: Kick -Off Meeting Notes
• Attachment 3: Invoice Spreadsheet
• Attachment 4: invoice Documentation
PART 2: SCHEDULE AND TASKSTATUS
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
[mrn/ddiyy]
[m..m/dd/yy].
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[mm/dd /yy]
[mm/dd/yy]
Task 2:
Policy No.
035
Milestone
[mmldd/yy]
lmmidd/yy]
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[mm/dd ]
[mm/dd/yy]
Task 3:
Policy No.
Y
035
Milestone
[mm/dd/yy]
[mrnicldiyy]
l
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[mm/d djyY]
[mmldcf/yv;
•
41
PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT
REQUESTS
Challenges and Actions Toward Resolution Of 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 justification and check the appropriate hex beioly.1
LI No amendment requested at this time
Amendment requested to*:
El Project Schedule
U Project Budget
El Scope of Work
"Failure to check a box in the above section assumes there is no action requested. Amendment requests are
subject to SANDAG'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
r
42
)NVOICE INSTRUCTIONS
Step 1: Complete the Qi.arterfy Progress Report.
Reimbursements cannot be made without a completed Quarterly Progress Report.
Step 2: Gather Documentation for Staff Costs, Consultant/Contractor Costs, 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 payroll documentation
Consultant costs should be supported by the consultant inwice AND a proof of payment. The proof of payment can be eider a copy of the check pio+rided to the
consultant or printout from the project's financial accounting system showing that funds were disbursed
Contractor costs should be supported by the contractor invoice, schedule of values, AND a proof of payment The proof of payment can be either a copy of the check
provided to the contractor or a printout from the project's financial accounting system showng 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 proof of pay -neat. The proof 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 (i.e., highlight or circle) all grant --elated 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 dunng the reporting period.
Confirm that you have 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 Siaterrront
Enter the costs for each task (calculated in Step 3) into the appropriate cells of the Invoice Sfatemen;:. The SANDAG contributionma'.ch 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 SANDAL at:
sqatgrants@sandag.org
Sign and scan the completed Quarterly Progress 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
Files in excess of erill3l3 :should be subrninect via:
https://sandag.wetransfer.com
43
PART !: STAFF COSTS
Personnel Time Period Hours Hourly Rate Amount Dorm inentation Attached?
Staff Person A mm/dd/yy to mm/ddiyy 10 $ 100.00 $ 1,000.00 YES/NO
Staff Person B mm/dd/yy to rrmmiddiyy 10 $ 100 00 $ 1,000.00 YES/NO
Staff Person C mmlddlyy to mmlddlyy 10 $ 100.00 $ 1,000.00 YES/NO
[INSERT ADOfTONAL LINES AS NEEDED)
PART 2: CONSULTANT/CONTNACTOR COSTS
•
Consultant/Contractor Invoke No. Invoice Date Description of Costs
Consultant XYZ 1 1/1/2014 Professional seraacea for the
month of January 2014
Consultant XYZ 2 2/1/2014 Professional services for the
month of February 2014
Consultant XYZ 3 3/1/2014 Professional sec' ces for the
month of March 2014
Outreach Organization ABC 1 3/1/2014 Outreach from January 2014 to
March 2014
[INSERT ADDITONAL LINES AS NEEDED:
PART 3: OTHER COSTS
Amount Documentation Attached?
$ 10,000.00 YES/MO
$ 10,000,00 YES/NO
$ 10,000,00 YES/NCI
$ 10,000.00 YES/NO
Vendor Invoke No. Invoice Date Description of Costs Amount Documentation Attached?
Vendor A 1 1/1/2014 Printing costs for January 2014 $ 100.00 YES/NO
1 2/1/2014 News Announcement for $ 100.00 YES/NO
Vendor B February 2014 Workshop
1 2/28/2014 Snacks for February 2014 $ 100.00 YES/NO
VendorC Workshop
{INSERT ADDITONAL LINES AS NEEDED]
45
To:
From:
;tR4NSNET SMART GROWTH INCENTIVE PROGRAM INVOICE
SUCH NIUIU ER.IEE
SANDAL;
`•01 13 Street, Suite 800
San Diego, CA921014231
Name
.Md'exs
TASK
Reimbursed to
Date:
Previous Balance
Match to
Date
RFP
Existing Conditions Rsporl
Public Ojtreach
Draft Plan
$0.00
$u.00
$0.00
$0.00
$0.00_
$0.00
$0, 00
Project Name: [PROJECT NAME]
Contract Number: 500XXX
Grant Invoice Number:
Billing Period: FROM
Inwice Date: DATE
Grant Award: $0.00
Balance Remaining $0.00
TO
Total to
Date
$0.00
$0.00
$0.00
Final Plan $0,00 $0.Ci0
Tctal� $C,.o0 $I}.{gyp
$0.00
$0.00
$0.00f
Current MRUDDIYYYYto MMiDbIY'!YY Total Expenses SANDAG Total Match Spent
Consultant cr -�
Contractor
Staff Coats Costs Other Coat This Invoice This Invoke This Invoice
$0.00 _ $0.00 $0.00 _ $0.00 $0.00 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00 $0.00
$0.00 $0.00
Total project Budget
(Gant+ Match
Task I
ask2
[:ask 3
$0.00
'ask 4 .
Task 5
TOTAL
$0.00
$0.00
$0.00
$0.00
$0.00
:;A.NDAG Grant:
liAatch:
$0.00
$0.00
NDAG
Con2ributlon %
P.equlred Match %
#DIV10!
#DNJO!
46
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00 $0.00
$0, 00 moo
woo moo
moo _ $o.00
$o.00` moo
$0. 00
$0.00
$0.00
$0.00
$0.00
Total Current Expenditures: $0.00
Total Amount Due this Invoice: $0.00
Less iO% Retention: $0.00
Match % Met to Da to: ##DIVi01
CERTIFICATION OF GRANTEE �--
I hereby .erlifylhatthe abot2 costs were incurred in performance of the work required under the grant and are consistentwith the amounts evidenced by attached supporting documents and
expenditures.
Signature
Printed Name and Title bate
47