HomeMy WebLinkAboutCC RESO 2015-30RESOLUTION NO. 2015 — 30
(Corrected Resolution)
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 WESTSIDE MOBILITY IMPROVEMENT 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 Westside Mobility Improvement 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 Westside Mobility
Improvement Project.
BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund
the Westside Mobility Improvement Project, then the City of National City commits to providing
$200,000, 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 the City of National City agrees to indemnify,
hold harmless, and defend SANDAG, the San Diego County Regioriai 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, 2015.
ATTEST:
AY
Michael R. DaHa, Cit("A
Clerk
oar -
Ron Morrison, Mayor
PROVED ASTO FORM:
laudia Ga
City Attome
Passed and adopted by the Council of the City of National City, California, on March 17,
2015 by the following vote, to -wit:
Ayes: Counciimembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: gone.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
A.642f
City CI rk of the City of ational City, California
By:
Deputy
1 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 20 i 5-30 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, Caiifornia
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 TALE]
THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agreert++en» made this [Day] day of
[Month], 2015, by and between the San Diego Association otdoVernittelitS, 401 B Street, Suite 800,
San Diego, California, hereinafter referred to as SANDAG,4in2rtlie [Gran . e lent and Address],
hereinafter referred to as Grantee. This agreement expifes on [Month] [Day[Year].
/
Note to Grant Recipient This Agreement TemOate covers p avisions farltoit the SGIP
and ATGP. Prior to contract execution, the Grant`Ag em will be tailored to reflect the
applicable grant program.
Note to SANDAG Contracts Staff. Pifi.prio internal routin references to SGIP and ATGP
should be updated as applicable. '.•.
The following recitals are a substantive par'of,this Ag►ernt:.
Note to SANDAG Contras Staff: Select e r GIP Retita?s'or ATGP Recitals.
Smart Growth Incer#ive'Progrr ]SGIP) Reals (A - J):
A. The SANDAG Boalat# of DireA ;allocates fu' s`under the TransNet local sales tax program to
support local transp'or,ta:tibn7rthtertinfrastruiture projects in the San Diego region through a
tomtits p}ocess, ;,
a. ,'1'[;t .-TransNet Ex stun Ord rice contains provisions to fund the Smart Growth Incentive
Program (SGIP), wail fundir an on April 1, 2008. The SGIP encompasses projects that
b ..integrate transiiortation aid land use and recognizes the comprehensive effort to
inteRraf,e smart growth place making, access to transit, and environmental justice.
C. In Januarry 70i.0, the,tARDAG Board of Directors approved Board Policy No. 035 - Competitive
Grant Prog as ? dares (Board Policy No. 035), which is included as Attachment B. This
Grant Award,,reernent and the Grantee's performance thereunder are subject to
Board Policy No. 35, which includes multiple "use it or Jose 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 finalizing this agreement for internal
SharePoint routing, obtain from SANDAG Finance and Planning staff the Trans!et
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 and•conditions for SANDAL to
provide Grantee with funding to implement the Project. /•:: ..
6. Although SANDAG wili be providing financial assistafjce'to Grantto support the Project,
SANDAG will rot. take arr dtiive role or retain sups -laird -al control of "ieProject. Therefore,
this Agreement is characterized as a funding agreement rather than a cb verative
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agreement. `...\ f,
.,-
J. Grantee understands that TransNet funds derive from rf transactions and use tax revenues
which fluctuate. SANDAG's fundin .commitment to Sc JPProjects, including this Project, is
subject to these fluctuations, whi t maiimpact funding va]lability for this Project.
Active Transportation Grant Program I*TGP)' is (A — L)
A. The SANDAG Board of Directors allocate.fundsi'ndertie;'ransNet local sales tax program
and the Transportathin Development Aft (TDA) to'support'fvcal bicycle and pedestrian
transportation pr=jeetsirtthe San Diego'g ti through a competitive process.
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B. The TransNet Elusion Ordinance containsln visions to fund the Bicycle, Pedestrian, and
Neighborhood Sale . Progtam (aPNSP),-whic1 ft nding began on July 1, 2008. The BPNSP
encompasses bicycle andpedestrian-t ave]..prpjects and recognizes the comprehensive effort
to i egratesnaertgrowt4 place making; access to transit and environmental justice.
Article 3 of the ftr,4k-provides `riding for Bicycle and Pedestrian Facilities and Programs.
D. er the TransNet BPNSP anti TDA Article 3 funding are commonly referred to as the
SA ,AG•Active Trans4ortation Grant Program (ATGP).
E. In Januai'y,2O10, theSANDAG Board of Directors approved Board Policy No. 035 — Competitive
Grant Prog?t,.;, rr dt re- (Board Policy No. 035), which is included as Attachment B. This
Grant Award, reement and the Grantee's performance thereunder are subject to
Board F'-uiiLy 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 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 Contracts Staff: Before finalizing this agreement for internal
routing, obtain from SANDAG Finance and Planning staff the TDA Claim Number or
TransNet MPO 1D required to complete Recital 1, below.
Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert
dollar amount] in TransNet BPNSP funds and [insert doiiar amounfi in T Diuunds; and the
TransNet MPO ID for the Project is [insert ID number] and the,,Tu .ZIaim Number is [inmeri.
claim number].
. The purpose of this Agreement is to establish the terra and cone; idols for SANDAG to
provide Grantee with funding to implement the Pr:.*ct.'
K. Although SANDAG will be providing financial, slstance to Grantee to support the Project,
SANDAG will not take an active role or retain }tantial control of the Pr. Therefore,
this Agreement is characterized as a funding agt ex ent Odic(' than a cooper=ative
agreement.
L. Grantee understands that TransN t funds derive from retald transactions and use tax revenues
which fluctuate. SANDAG's funding cOrriViltnient.to ATGPArt ects, including this Project, is
subject to these fluctuations, which`llay impactitnding avaiiaility for this Project.
NOW, THEREFORE, it is agreed.,as follows:
I. DEFINITIONS '. = •� ;
A. Application. Tfke signed and dated grant application, including any amendment thereto,
with all explanatory, stinoitmg, apdsuppleirerltary documents filed with SANDAG by or on
behalf of the Grante ;nd accepted fir approved by SANDAG. All of Grantee's application
maat ials, not in onflicf ith.this Agreement, are hereby incorporated into this Agreement
a though fuI1yset forth hen*.:.
, jproval, ,-��iW i�irr: i r �r;r:�� ConY rrence, Wavier. A written statement (transmitted in
tyPpvvritten hard cop nor electronically) of a SANDAG official authorized to permit the
Grant e'to take or orrOt an action required by this Agreement, which action may not be taken
or omits d.without sjthWritten permission. Except to the extent that SANDAG determines
otherwisein Writipg, Stith approval, authorization, concurrence, or waiver permitting the
perforrnancew omission of a specific action does not constitute permission to perform or
ornit other similar' actions. An oral permission or interpretation has no legal force or effect.
i
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 currentiy eiigibie, 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 gran 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.]
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 orATGP] 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 eligiyeto receive payment for
work performed prior to SANDAG's issuance of a Notice to PT•eceed.
G. Subgrantee. Any contractor or consultant, at any tier 5atd dit tly or indirectly with funds
flowing from this Agreement for the Project.
II. PROJECT IMPLEMENTATION
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A. General. The Grantee agrees to carry out the] c ject as foli;bws:
1. Project Description. Grantee agrees to permi tht work as described in the
Scope of Work included as4chment A.
2. Effective Date. The effective date thia Agreement.pr any amendment hereto is the
date on which this Agreementi.ot:an ariienOnerrt.is fully executed. The Grantee agrees
to undertake Project work proritp'tjy after.i cev g a Notice to Proceed from SANDAG.
3. Grantee's gsact*Tlie Grantee:a9tees•to maintain or acquire sufficient legal,
financial, tecmriical, anti inanagerial\papacity to: (a) plan, manage, and complete the
Project a'Nd Provide for the use of any project property; (b) carry out the safety and
security asps of tO Project.;: and (c) tdmply with the terms of the Agreement and all
applicable lavkregulatioris, id policies pertaining to the Project and the Grantee,
y +cludtri:g but not4mr'ted to the -Tat NVet Extension Ordinance and Board Policy
moo. 03�:. . . .
4, Project S 't . The 64ntee agrees to complete the Project e.ccording to the
��. Project Schedule included in Attachment A and in compliance with Board Policy
�., No:035, as amepded, and included as Attachment 3.
5. PrPipctirropitenTrontation and Oversight. Grantee agrees to comply with the
rroje' ii—mp iii fitatioi-i gird A.iveisighL RequirE'rrrefiis, included a5 Attachment C, and
Board Poiy:No. 035, as amended.
b. Changes to Project's Scope of Work. This Agreement was aw rdcd 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 ALGP]
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 [SGIP 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 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. 1'viedia and Community Outreach Coordination. The Grantee agrees notify
SANDAG of any media and community outreach efforts, including presentations to
community groups, other agencies, and elected officials. The Grei-riee agrees to assist
SANDAG with media or community events related to ti]e Project, such as ground
breaking and ribbon cutting]. Press materials shall brn+ded to SANDAG staff before
they are distributed. SANDAG logo(s) should be iptjuced- press materials and other
project collateral, but may never be included ins th'docurr nts without advance
approval from SANDAG. ``
As part of the quarterly reports submitill to SANDAG,,.the Grantee -agrees to provide
project milestone information to suppor`tInia andrimunications marts. SANDAG
reserves the right to use the information p?Ortiocrlay. the Grantee for ari' combination
of the following, including bu.t not limited to: siai media posts, online photo albums,
videos, press releases, Powef' olfi-presentations;A4eb.updates, newsletters, and
testimonials. In submitting os. SANDAG, the 5razrtee agrees to release the rights
of the photos to SANDAG fort'use.`` .` .
8. Project Signage and Designallon of T*n et;,irinaded Facilities. Each capital
•
project in exce of 5O,OOO fund in' Te or in part by revenues from the TransNet
Extension . rctinance*hall be clearly designated during its construction or
implemejitafion as bOig provided 6y. revenues from the TransNet Extension Ordinance.
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Grantee agr'e sto follow the Project Signage Specifications. SANDAG will provide sign
eciifications. Grant 'agrees-tg follow -Sign specifications and submit proof files to
r' SANDAG for...appral:before printing.
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Bas:Ent. Ccs°ex iv, 'For capital projects, Grantee is required to coordinate with
SANDAG staff'on the development of a baseline data collection plan in accordance
with the ProjectjpIplementation and Oversight Requirements.
B. Appli tircorn of Lair& 5hould a federal or state law pre-empt a local law, regulation, or the
TransNet s!on. kd trance, the Grantee must comply with the federal or state law and
implementingSui trons. No provision of this Agreement requires the Grantee to observe or
enforce compliat: +E 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 [SLIP 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). 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.
U. Significant Participation by a Subgrantee. Although the.r rantee may delegate any or
almost all Project responsibilities to one or more subarantees. the Grantee agrees that it,
rather than any subgrantee, is ultimately responsible fors arnp rice with all applicable laws,
regulations, and this Agreement. { . .A
E. Third Party Contracting. Grantee shall not awardcontracts over threVhousand dollars
($3,000) on the basis of a noncompetitive prrement for wprk to be peirrned under this
Agreement without the prior written approyal vf SANDAG;'Contracts awa40 by Grantee, if
intended as local match credit, must meet the recjU r 1t5 et forth in this Ag`reement
regarding local match funds.
1. If Grantee hires a consultant4Q arryout profes'si ia1 services funded under this
Agreement, Grantee shall`,erepare. ,n frdependentt,•Estimate (ICE) prior to
soliciting proposals; pub!icly_advertise`far:co.-riveting 'p=,bposa!s for the work; use
cost as an evaluation factor lit ! lectir fthe cot ,tftnt; document a Record of
i Ne otiatrestablishin g � � 'RON)r � g tte amount 'Old by Grantee for the consultant
servicesIs fair aitd. reasonable; atepaSs through the relevant obligations in this
Agreement to the onsultant.
2. If Grantee tires aco tractor to carry out construction services funded under this
_.Agreement, rantee shall:-pr' re an ICE (e.g., a construction cost estimate) prior to
s iciting.bids, pub#icIy advertiser competing bids for the work; award the work to
the lOW.pstlresporitlye and responsible bidder; document a RON establishing that the
amount pi is by Gra ee for the construction services is fair and reasonable; and
pass throug''the relevart'obligations in this Agreement to the contractor.
E. Grraree's Responsibility to Extend Agreement Requirements to Other Entities
1. Entl ?sAff d. Grantee agrees to take appropriate measures necessary to ensure
that all ioect-participants comply with all applicable federal laws, regulations, and
policies a`tirg 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
Ca.
written document to ensure that each entity participating in the Project complies with
applicable laws, regulations, and policies.
3. Flowdown. The Grantee agrees to include in each document (subagreement, !eaie,
thud -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.
rov SANDAL Obilaatioras tan Third-Patrties.,. In connection with,fhe.Project, the Grantee
agrees that 5ANDAG shall poi. be subject to any obligations ol•Sia 9Ciities to any subgrantee,
lessee, third -party contractor, or other person or entity thatis not a party to the Agreement
for the Project. Notwithstanding that SANDAG may have t-an rmd. in or approved any
solicitation, subagreement, lease, or third -party contrast"any t, &ANDAG has no
obligations or liabilities to any entity other than th4: 'rantee, inclu )any subgrantee,
lessee, or third -party contractor at any tier. ``.
Changes in Project Performance. The Grane agrees to,riotify SANDAG'I itnediately, in
writing, of any change in local law, conditions (iii tling•tts. gal, financial, or`technical
capacity), or any other event that may adversely aft the.Grantee's ability to perform the
Project in accordance with the terry of..the Agreement�and .as required by Board Policy
No. 035. The Grantee also agrees to n.O SANDAG immecj ately, in writing, of any current or
prospective major dispute, breach, default rhitation thatinay,adversely affect SAN DAG's
interests in the Project; and agrees td,i orm SA N AG, also in Miting, before naming
SANDAG as a party to litigation for anq;reason,..l ahy a:_At a minimum, the Grantee
agrees to send each1iotice. to SANDAG g uirtrd:by this subsection to SANDAG's Office of
General Counsel;-
Standard of Care.`The Grapteeexpressly > iants that the work to be performed pursuant
to this Agreement`3 iai•be'pe.irrried.in accornce with the applicable standard of care.
Where approval by SDA ` its Ex`er.0ie Director, or other representative of SANDAG is
inditatedkr_the Scope of Work, it is understood to be conceptual approval only and does not
rOlieve the Gr-anteeof responsibility for complying with a!1 laws, codes, industry standards,
and iiability for darages causeO negligent acts, errors, omissions, noncompliance with
`industry standards, dr, the willful isconduct of the Grantee or its subgrantees.
111, ETHI
A. Grantee ode of, sductllStandards of Conduct. The Grantee agrees to maintain a
written code E a r it L or standards of conduct that shall govern the actions of its officers,
employees, councliFor board members, or agents engaged in the award or administration of
subagreernents, leases, or third -party contracts supported with [5G!P 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 Dior 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 or standards of conduct shall also
prohibit its officers, employees, board members, or agents from using their respective
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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 -party contract or subagreement supported by ISGIP of ATGP] Funding if a real or
apparent conflict of interest would be involved. Such a.forifiict would arise when an
employee, officer, board member, or agent, includi24any.member of his or her
immediate family, partner, or organization that eiYrplOys;�or:intends to employ, any of
the parties listed herein has a financial intere it .:firm co ng for award.
2. Organizational Conflicts of Interest. The Grantee agrees that code of conduct or
standards of conduct shall include prordures for identifying and l r tenting real and
apparent organizational conflicts of interest: An or anizational conflitt.ofinterest
exists when the nature of the work to be pek-foirb4drider a proposed third -party
contract or subagreement may, without sometritions on future activities, result in
an unfair competitive advarge:to the third-par'kntractor or subgrantee or impair
its objectivity in performing ,e cor tract.,work.
B. SANDAG Code of Conduct. SANDAp has estab1 hed policies'isoticerning potential conflicts
of interest. These policies apply to Grat?tge. For,+#! awa°ls ley? SANDAG, any practices which
might result in unlavuf activity are prObiti including, but not limited to, rebates,
kickbacks, or otper-i.infawfi4 considerations, SANDAG staff members are specifically
prohibited from participatinb in the selecti{ process when those staff have a close personal
relationship, fariiity.elation p;-or,past (within the last 12 months), present, or potential
business or emploinkentreiation4tripWitka pson or business entity seeking a contract with
SANQA it is-unlawfulfor any contractIobe made by SANDAG if any individual
Board ter or staff haS a prohibited itancial interest in the contract. Staff are also
, �p'hibited from • soliciting orlteeepting gratuities from any organization seeking funding from
SANDAG. 5ANDAG'sE Officers, ekvees. agents, and Board members shall not solicit or
*Of gifts, gratuities,.favors, or anything of monetary value from consultants, potential
con yt nts, or parties'to subagreements. Sy signing this Agreement, Grantee affirms that it
has nokiowledge ofn ethical violation by SANDAG staff or Grantee. If Grantee has any
reason ta-believe a.c,riftict of interest exists with regard to the Agreement or the Project, it
should nod' the'A DAG Office of General Counsel immediately.
C. Bonus or Commission. The Grantee affirms that it paid, and agrees not to pay, any
bonus or commission to obtain approval of its [SLIP or ATGP] Funding application for the
Project.
D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees uFdi 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 SANDAL; Participation,
which is •; 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 ainouiit That forms the basis upon
which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s)
of SANnAr PE-tiripatinn
V. MATCHING FUNDS
Grantee has proposed to provide matching -funds for the Proj _and i efore agrees as follows:
A. Duty to Obtain Mviatchiriy Funds. The Grantee,aarees to provide su tient funds or
approved in -kind resources, together with thez,f,$GiP or ATGP] Funding rded, that will
assure payment of the actual cost of each Pro'}ect activity coyered by this Agreement. The
amount of matching funds and percentage(s) of,,trlatchin, 'funds Grantee shaltprovide are set
forth in the Approved Project Budget. The Grantee4g
necessary to provide its share of the ?roject costs at or
are needed for Project costs.
to complete all proceedings
re the time the snatching funds
B. Prompt Payment of Matching Futtv.is. The rantee agreeAp provide the proportionate
amount of the matching funds promo iy:as it inclksPrgect,costS or Project costs become due.
Each of Grantee's invoices must includkits.pro fats maf g fund contribution as reflected in
the Approved ProjetiBudget, along wit1-4,:suPporting, descriptive and/or explanatory
documentation -for tfie matching funds pivided.
C. Reduction of Matching Funs. The Grantee agrees that no refund or reduction of the
amount of matching.,fannds may-bkmade uril4s, at the same time, a reduction of the
proporti ttai•amountofthe[SGIP or ;f P� punding provided is made to SANDAG in order to
meniairi Te a d:mum Percentage(s) of SANDAG Participation.
VI. RC'VED PRPaMa UDGET-
t
Except to#it extent that SAWUAG determines otherwise in writing, the Grantee agrees as follows:
The Grantee.andSANDAG have agreed to a Project budget that is designated the "Approved
Project Budget:: The Grand Will incur obligations and make disbursements of Project funds only
as authorized by's.Ai ' wi ri Project Rudgit_ An amendment to the Approved Project Budget
requires the issuance;aa-a_ formai amendment to the Agreement, unless the re-aliocation of funds
Zmor hi.dget items dro fiscal nears that not increase the total amount of the [SGlP 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 wi!l
demonstrate or certify that it will provide adequate matching funds such that_ when
combined with payments from SANDAG, will cover all costs to be incurred for the Project.
Except to the extent that SANDAG determines, in writing, that the Grantee may defer its
provision of snatching 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:
1. Request or obtain matching funds exceeding the amount iTied by the matching
share previously provided, or
2. Take any action that would cause the proportion of LSt; :or ATGP] Funding made
available to the Project at any time to exceed theparten t e authorized by the
Agreement for the Project.
B. Payment by SANDAG. Upon receiving a request for payment and adegate supporting
information, SANDAG will make payment, [or fir projects wftil TDA fundirrrf authorize the
County of San Diego to make payment] for elig e amourct to Grantee with tInirty (30)
days if Grantee has complied with the requirements;of ‘,Agreement, including submission
of a Quarterly Report which is included as Attachmert.P, has satisfied SANDAG that the
[SGIP orATGP] Funding requester .ls heetied,for Project Pqrposes in that requisition period,
and is making adequate progress twrdect completion consistent with Board Policy
No. 035. After the Grantee has dernangratediatiyaCtory.compberice with the preceding
requirements, SANDAG may reimburse.e Graratteavi,pairent allowable costs incurred
consistent with thetheikiVitbyed Project B4dget$ANDAG shall -retain ten percent (10%) from
the amounts invoOdiurititsatisfactory cOidetiOn of work. SANDAG shall promptly release
retention am nts,to Granieefollowing ci ntee's satisfactory completion of work and
receipt of Grantee'sfinal imibice and all recto red documentation.
C. Eligible Costs. ThelSfarntee-agreetthatProjct costs eligible for [SGIP orATGP] Funding
mustwmpiywi . the following requi-renvits, unless SANDAG determines otherwise in
wittfrig: To ba eJ gible for klvin bursement, Project costs must be:
1. Consistent wit.t►'e Proje ,Scope of Vticrl', the Approved Project Budget, and other
provisions of tFi' Agreement.
2. ecessary in ores to accomplish the Project.
3_ Reas' it i P, rsr the goods or services purchased.
4. Actual netcosts 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 SANDAL.
21
6. Satisfactorily documented with supporting documentation which is to be submitted
with each invoke.
7. Treated consistently in accordance with aeneraliy accepted accounting principles and
procedures for the Grantee and any third -party contractors and subgrantees,
(see Section 6 Accounting Records).
R
Eligible for [TransNet or TransNYet and TDA] Funding as part of the [SGIP or ATGP].
9 indirect Costs e.re only ailoywr3b!e with prior SANDAG ni i b...m �
. - ••� � � N�. r,.a appro. 'vsw�. u�a�i�c+c Il�ti7l .�IJu�I�1L the
following documentation as part of the grant app!icetio i : terials: (1) an indirect cost
allocation audit approved by a qualified independent4:td[tar or (2) the applicant's
proposed method for allocating indirect costs in a6rdarce with OMB guidelines.
Indirect cost allocation plans must be reviewed aidr'oe neihkO annually.
10. Project generated revenue realized by thethe,..Giatite shall be utilized -in support of the
Project. Project generated revenue and dpentiltures, if any, shalrlaf. reported at the
end of the Agreement period.
D. Excluded Costs
1. In determining the amount* MP, or ATGP] FuNirig SANDAG will provide for the
Project, SANDAG will exclude:
a. Any Project cost incurred.by the Grime before eitt the date SANDAG issues a
Notice to Proceed to Grarlicee.or the/EffeCtl Date of the Agreement or any
Amendn ntthereto; -,
b. Amicoit that is not included in, the latest Approved Project Budget;
c. Any cost tor Pr.- ect Property or ervices received in connection with a
subagre'ient, leas ~t1trcl arty Contract, or other arrangement that is required
: to be, but h s.not been, cotx Bred in or approved in writing by SANDAG; and
...` d Anyitost inelicliale for SANDAL, participation as provided by applicable laws,
regt iletlorm er per.es.•
�:
2. `' Certain costs at times associated with bicycle and pedestrian projects are not eligible
Whprithe benefit irovided is not the exclusive use of bicyclists or pedestrians. These
ins�t•4nces are,3ted below.
a. Cis and gutter are part of the roadway drainage system. As such, newly
instu`tled 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 sidewaiks are not for the benefit of pedestrians,
and in fact, 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 riot be eligible. Appropriate bikeway signage is eligible.
d. Under sortie cii.cumsiarices, 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 eases the cost of this work is
most likely eligible, but claimants should carefully document why this is so in the
claim submittal.
The Grantee understands and agrees that payment to the Gr9nkoe.foi any Project cost does
not constitute SANDAG's final decision about whether that•cs rs allowable and eligible for
payment under the Project and does not constitute a waKierb#any.violation by the Grantee
of the terms of the Agreement for the Project or Board ticy No.,,90...The Grantee
acknowledges that SANDAG will not make a final dietprmination alit the allowability and
eligibility of any cost until the final payment hes"been made on the Pr'ojeCt or the results of
an audit of the Project requested by SANDAG- r its Independent Taxpayer Oversight
Committee (ITOC) has been completed, whichveroccurs la* If SANDAG determines that
the Grantee is not entitled to receive any portiontt thetk4P or ATGP] Fundintj requested or
paid, SANDAG will notify the Grantee in writing, star its reasons. The Grantee agrees that
Project closeout will not alter the, rarrtee's responsibilit to return any funds due to SANDAG
as a result of later refunds, correct pn ormance defici naes, or other similar actions; nor
will Project closeout alter SANDAG's.rght tit:1-11010wcosts aritjkrecover funds provided for the
Project on the basis of a later audit otiother review. Upnn,notification to the Grantee that
specific amounts are owed to SANDAG;;.vwtieth for extes payments of [SGIP or ATGP]
Funding, disallowed'eosts orfunds recovered from third pasties or elsewhere, the Grantee
agrees to prompt' remit tb:.SANDAG the mounts owed, including applicable interest,
penalties and `a dnifnistrativelcharges.
1
V1II. ACCOUNTING RECOROS .
In compliahce wrai applicable1 ; regulations;- and policies, the Grantee agrees as follows:
A. ;'. Project Accounls,The Grantee agrees to establish and maintain for the Project either a
' parate set of accoo 9ts or sepa lGe accounts within the framework of an established
a -.,:fisting system that can be identified with the Project. The Grantee also agrees to
main Jn documentatOn Oa checks, payrolls, invoices, contracts, vouchers, orders, or other
accouniihg.documentsrelated in whole or in part to the Project so that they may be dearly
identified; diJ.y accessible, and available to SANDAG upon request and, to the extent
feasible, kerte from documents not related to the Project.
R. Documentation of Project Costs and Proorar 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, nr 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.
B. 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 for three years thereafter from the
date of transmission of the final expenditure report, thegriarir agrees to maintain, intact
and readily accessible, all data, documents, reports, ree6rds, Coritratts, and supporting
:' L.
materials relating to the Project, as SANDAG may retitiire.
D. Access to Records of Grantees and Subgrar*es. The Grantee agrees to. permit, and
require its subgrantees to permit, SANDAG o �authorizecifepresentativesi,upon request, to
inspect al! Project work, materials, payrolls, and ether date, and to audit the looks, records,
and accounts of the Grantee and its subgrantees p-e to i 'to the Project.
E. Project Closeout. The Grantee a' rees that Project cloy t,does not alter the reporting and
record retention requirements of'+s +gr ernent.
•
F. Quarterly Reports. Grantee shall sul 'it writte,piqu t 1y reports to SANDAG detailing the
progress of its work, expenditures incurred, ane:e formatipntegarding whether the Project is
projected to be copviitted Within the Iiilks4 he Approved Project Budget,
Project Schedule,.and'consFstent with Board policy No. 035 and any policy amendments
thereto. Grantee shall docuMent the progr sand results of work performed under this
Agreement to the,satisfactj,On OtSANDAG. Thls::includes progress and final reports, plans,
specifications, estirri es, and othet._evidence af attainment of the Agreement objectives,
whic}re requested by$ANDAG or ITOC,•Grantee may be required to attend meetings of
5A lDAG-staff,aind corny i 'te .including out not limited to ITOC, the Regional Planning
' :ommittee, the Tv ns ortatin Committee, and the SANDAG Board of Directors, to report on
J' progress and resd,to quests.
G. Connr unities Served Data and Report. If requested, Grantee shall provide SANDAG with
data carding how the Project's benefits and burdens were equitably distributed among
socio an conomio¢opulations in the area affected by the Project, and associated smart
growth U a is ;. -
X. P-Die :LI Comp:all , Audit, Settlement, and Cloz ut
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. 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 will be included.
Note to SANDAG Contracts Staff: Please choose the appropriate:
For TransNet funded projects:
The Grantee agrees ro have tinanri .i and compliance audits pe !or.,.ned as SANDAG may
require consistent with' the TransNet Extension Ordinance. Th.e ,antee agrees that Project
closeout will not alter the Grantee's audit responsibilities. A dit costs are allowable Project
costs. ,; •
For TDA-funded projects: •�
The Grantee agrees to have financial and corryphance audits performed aiSANDAG may
require consistent with Public Utilities Code Stun 99245, fft•TDA funds; and consistent with
the TransNet Extension Ordinance for TransNet` ri ; T G aritee agrees chaii.Project
closeout will not alter the Grantee's audit responsibiA:t.;Audit costs are allowable Project
costs.
C. Performance Audit. The Granteerees.4ci cooperate with SANDAG or ITOC with regard to
any performance audit that is perfoiq ed ontheTrOject pursu'antto the TransNet Ordinance.
D. Project Closeout. Project closeout occurs when SANDAGpotifies the Grantee that SANDAG
has closed the Project, and -rf applicable,and, -ifsapplicableeftiiar forwards the final [SGIP or ATGP] Funding
payment and or knowleclges that the Gtarttee has remitted the proper refund. The Grantee
agrees that Project closeout by SANDAG doh not invalidate any continuing requirements
imposed by the Agreement'or any -unmet re*. irements set forth in a written notification
from SANDAL.
F. PrAblectikeraittee was.. W •
rded this Agreement based on representations in its grant
./app1ication regar. Net Ing-the Pt's intended use. If the Project is a capital project, Grantee
\hOeby commits toctOntinued use of the Project for the purposes stated in its application for a
p€rdd of at least five•.y-ears after completion of construction. SANDAG may require Grantee
to refund SGIP funding provided for the Project in the event Grantee fails to utilize the
Projecot`its intended purposes as stated in the grant application or for any disallowed costs.
X!. TIMELY PRRS AND RIGHT OF SANDAG TO TERMINATE
'g .
A. Grantee shall malice diligent and timely pror+recc 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.
r
Upon written notice, the Grantee agrees that SANDAG may suspend or terrninate ail or any
part of the [SGIP or ATGP] Funding to be provided for the Proft-f the Grantee has violated
the terms of the Agreement. or Board Policy No. 035, or ifNDAG determines that the
purpose of the laws or policies authorizing the Projectyntouid ilc the adequately served by the
continuation of [SLIP or ATGP] Funding for the Project\.
�a. In general, termination of [SGIP or ATGP] Fundiriy for the Project will.' invalidate
obligations properly incurred by the Grantee fore the ter ination dat 4 the extent those
obligations cannot be canceled. If, however, SAND
AG detrlies that the d'r:rite.e has
willfully misused [SLIP or ATGP] Funding by failinlOdYnateadequate progress or failing to
comply with the terms of the Agreement, SANDAG reserves the right to require the Grantee
to refund to SANDAG the entire unt.of [SGIP or ATGP funding provided for the Project
or any lesser amount as SANDAG rl ry`di'nI'tine.
E. Expiration of any Project time peri00%establishedtm the Project' iedule will not, by itself,
automatically constitute an expiration termiat.n l,f #te Agreement for the Project,
however, Grantee test regtiest and SA 1 Ag' n y"agree to -amend the Agreement in writing
if the Project Sc!` u[e vvill.lt.be met. Ail amendment to the Project Schedule may be made
at SANDAG's djscretion if Gr ee`s request is: consistent with the provisions of Board Policy
No. 035.•
.:....
XII. CIVIL BIGHTS..
The Gr tee-agree`s~tq ct3tnply v :all. applicable civil rights laws, regulations and policies and shall
incl d e.the provisions of : .. Sect:o ; 1.r..in each subagreement, lease, third party contract or other
;e`aii ui uiii y document`' � .perforrri`roric funded by this Agreement. Applicable civil rights laws,
regulatio and policies inclLde; but are not limited to, the following:
A. Illondiamination.'SANDAG implements its programs without regard to income Jevel,
disability,`T#ce ..cokes,••rid national origin in compliance with the Americans with Disabilities
Act and Title`i o zthe"Civil Rights Act. Grantee shall prohibit discrimination on these grounds,
notify the pu e .- of their rights under these laws, 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 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 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 seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, etseq.). The
applicable regulations of the Fair Employment and Hcusina Commission implementing
California Government Code Section 12990 (a-f), set forth in Cho#3tet 5 of Division 4 of Title 2
of the California Code of Regulations, are incorporated into.#hiis.:Agreement by this reference
and are made a part hereof as if set forth In full. Gran,'. .and its subcontractors shall give
written notice of their obligations under this clause t flabor'or nizatjons with which they
have a collective bargaining or other agreement.
XIII. OWNERSHIP OF WORK PRODUCT
SANDAG shall own any deliverables created in whole.or in part.4or SANDAG's beset pursuant to
the Scope of Work for the Project. The term "deliv*ablesP it Ludes, but is not -limited to, all
original drawings, reports, photos, and other documents, kr ciudiing detailed calculations and other
work product developed for the Projectebrservices performed M the Project.
XIV. DISPUTES AND VENUE
A. Choice of Law. This Agreement shali be int ted 'accordance with the laws of the
State of California. . `f.. ��`..
B. Dispute Resolution Proe4es. In the event Grantee has a dispute with SANDAG during the
performance of: this. Agreement, Grantee .(;hall continue to perform unless SANDAG informs
Grantee in writing to cease performance. the dispute resolution process for disputes arising
under this Agreemeit shall be asf lows. ,.
1+ Geatrteeshall sub'm4t a statement of the grounds for the dispute, including all
pert nenf'4ates, nai esof persons involved, and supporting documentation, to
SANDAG's Project. Mahar The Project Manager and other appropriate SANDAG staff
will review the;documentation in a timely manner and reply to Grantee within twenty
\ (20) calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may
bmit a request for reconsideration to SANDAG's Executive Director. The request for
re'c sideratithi Must be received within ten (10) calendar days from the postmark date
of SAy€ i3 G's:- ..reply. The Executive Director will respond to the request for
reconsidtion within ten (10) working days. The decision of the Executive Director
wili be in writing.
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 SG]P 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-liovation) this Agreement or
any rights under or interest in this Agreement. ,
XVI. INSURANCE
Grantee shaii procure and maintain during the period of'erormancegf This Agreement, and for
twelve (12) months following completion, policies'of: insurance from insurance companies
authorized to do business in the State of Californi`or:the equivalent types.�ndl amounts of self-
insurance, as follows:
A. General Liability. Combined single limit of q QO OOO-' per occurrence and $2,000,000
general aggregate for personal and bodily injury, intitigtfig death, and broad form property
damage. The policy must includean`acceptable "Waiver of Transfer Rights of Recovery
Against Others Endorsement." The ooicy st name SANbAG-as an additional insured in the
endorsement. A deductible or reten n may` ejtitized. subj tto approval by SANDAG.
B. Automobile Liability,_For personal at d:`bodiiywnjury; it ludiing death, and property damage
in an amount not sthaii41,000,000, }...
C. Workers' Compensation and Employer's` Liability. Policy must comply with the laws of
the State of CaJ orpla, Th9 'poli.cy must in` latde an acceptable "Waiver of Right to Recover
From Others Endorse ere nan pp'SANDAG` s an additional insured.
D. Ot ei Requirements. antee shall fat ish satisfactory proof by one or more certificates
,(brigirial copies t t..it has..the.foregoing insurance. The insurance shall be provided by an
<5. mac; eptable insurar 3)ruvideT. as determined by SANDAL, which satisfies the following
tntxt�um requiremeegt•. s:`
•
•
1. Insurance carrier qualified to do business in California and maintaining an agent for
sryact
e- .of pros within the state. Such insurance carrier shall maintain a current
t.ring.classification of "A-" or better, and a financial size of "$10 million to
$24 min )ass 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 poiicy 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 Toss
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 all claims, including, but
not limited to prevailing wage claims against the Project, asserteel or established liability for
damages or injuries to any person or property, including,injuryi to the Grantee's or its
subgrantees' employees, agents, or officers, which arise frirn'or are connected with or are
caused or claimed to be caused by the negligent, reckigSS, or Ilful acts or omissions of the
Grantee and its subgrantees and their agents, officesofficessegternploygesi.ir performing the work
or services herein, and all expenses of investigatii'g and defending a ainst same, including
attorney fees and costs; provided, however, thi. the Grantee's duty`. indemnify and hold
harmless shall not include any claims or liab:jty arising from• the establish: sole negligence
or willful misconduct of SANDAG, its Board of rectors, age, officers, or employees.
•,
B. Intellectual Property. Upon request by SANDAG;,thg Grantee agrees to indemnify, save,
and hold har;nless SANDAG and ititloard of Directors . f Kers, agents, and employees acting
within the scope of their official,Iduties against any liabft,. including costs and expenses,
resulting from any willful or inteTitionatAiiplgtion by the Grantee of proprietary rights,
copyrights, or right of priva y, arr inj out of-0.e pu:blicatite ; translation, reproduction,
delivery, use, or disposition of any data .furnishe.tinder 'Project. The Grantee shall not be
required to indemnify SANDAG for any, sucdli!ability caused solely by the wrongful acts of
SANDAG employs.or alter.`
XVIII. INDEPENDEN1`ONTRACTjOR_,.
A. Status of Grantee-ante�sha'ifprfo the services provided for within this Agreement as
an,irfdepende-c.ontra"etpreand not as ar employee of SANDAG. Grantee shall be under the
.oritrot"of SANIQAG.as toilg result to be accomplished and not the means, and shall consult
</moi SANDAG as ded fo . �i e Scene of Nark. The payments made to Grantee pursuant
this Agreementsil be the full°and compiete compensation to which Grantee is entitled.
SA�'OAC shall not rr.ae any federal or state tax withholdings on behalf of Grantee. SANDAG
shalTseticyt.be required topay any workers' compensation insurance on behalf of Grantee.
Granteegrees to ii demnjfy SANDAG for any tax, retirement contribution, social security,
overtime p non 'or.•workers' compensation payment which SANDAG may be required to
make on behalf of Grantee or any employee of Grantee for work done under this Agreement.
IS. 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 othervilise. 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
except in writing, signed by SANDAG and the Grantee.
PROJECT MANAGER
The Grantee has assigned [INSERT PROJECT MANAGER NAMEJ,Te Project Manager for the
Project. Project Manager continuity and experience is deemed:stief in Grantee's ability to carry
out the Project in accordance with the terms of this AgrOrrierit. ntee shall not change the
Project Manager without first providing written notice to.NbAG.
XXI. NOTICE
w
Any notice or instrument required to be given or delivered this Agreement'tt►ay be given or
delivered by depositing the same in any United States Ribt'ite, 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 NAME.
[LOCAL AGENCY ADDRESS]
Attn: [LOCAL AGENCY'tOJECT NJ►1ER]
Notice shall beef#.ective upogrecept thieregf,
Note _o SANDAt' C nfracts'Staff; After receiving this original agreement back from the
Graitee and before rikuting theRriginal agreement for final SANDAG -wet" signatures,
confirm: With SANDAG'fi ante incl. Planning staff that the applicable RT!P has been
approvb4
30
XXI1. SIGNATURES
The individuals executing this Agreement represent and warrant that they have the !egal capacity
and authority to do so on behalf of their respective legal entities.
iN WITNESS WHEREOF, the parties have executed this Agreement as of the date written
above.
SAN DIEGO ASSOCIATION OF GOiV ERNMFN T S
GARY L. GALLEGOS OR DESIGNEE
Executive Director
[INSERT JURiSl~+.ate' ION
r
1 Name]
Male]
k.�
f
ff
APPROVED AS TO FORK: APP,116VED AS TO FORM:
Office of General Counsel 1.
', + (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 BUDGED �\
Trahst !APO ID NO
Ilk Jaw' 'NIP
32
ATTACHMENT B
SAIIL2Wir
COMPETITIVE GRANT PROGRAM PROCEDURES
BOARD POLICY NO. 035
Applicability and Purpose of Policy
This Policy applies to all grant programs administered through Ste dDAG, whether from TransWet or
another source, including but not limited to the Smart Growtt .Inc. ntive Program, Environmental
Mitigation Program, Bike and Pedestrian Program, Senior.`..l64iri Grant- Program, Federal Transit
Administration grant programs, and Active Transportatio t`Gra it Program:
i..
Nothing in this Policy is intended to supersede federalor state grant rules, regpltions, statutes, or
contract documents that conflict with the requirements in this.Policy. There ere never enough
government grant funds to pay for all of the projectt._tvdrthy4f tifiding in the Sa Diego region.
For this reason, SANDAG awards grant funds on a comp tfii a basis that takes the grantees' ability
to perform their proposed project on a ;a:stely basis into acitolint,SANDAG intends to hold grantees
accountable to the project schedulest: .`have proposed''in Order to ensure fairness in the
competitive process and encourage grand'fb their projectNITipiemented quickly so that the
public can benefit from the project deliver tiles as soon. .possible.
Procedures/
t�
/.:
1. Project Milestorie and Coltpletion Dead
1.1. When `igrairig af.rgrant.. agreem .' for a competitive program funded and/or
administered by Si DAG, grant recipients must agree to the project delivery objectives and
schedules-fn..the agreement. in addition; a:: grantee's proposal must contain a schedule that
f s +iv i. tfie toIIow n deadlines. Failure to meet the deadlines below may result in
're+recation of.'al ,rant funds riot already expended. The final invoice for capital, planning,
dr operations arms must beNiOnitted prior to the applicable deadline.
` .' 1.1.1. Fund' sg• for Capital Projects. if the grant will fund a capital project, the
project must be completed according to the schedule provided in the grant
''',49reamen-Vbqt at the latest, any necessary construction contract must be awarded
tinmt}h:rri .t,�f�tr+ years following execution of the grant agreement, and construction
must 1e 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 7 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 grant agieeripex i; and the operations must
commence within six months following award °Pile operations contract. If no
services contract for operations is necessary, the$,por tons project must commence
within one year of execution of the grant agree nt:. .
•
1.1.4 Funding for Equipment or Vehic0 Grants. If the giarit..will fund equipment
or vehicles, the project must be completed according to the slt provided in the
grant agreement, but at the latest,'any.necessary purchase corita€ts,for equipment
or vehicles must be awarded withiri,.one year, -following execution. of the grant
agreement, and use of the equipment ;vi+ s for the benefit of the public must
commence within six months following avv` . of the purchase contract.
•.
2. Project Milestone and CompletioD+eg rae..Extensiors
,v.
2.1. Schedules within grant ag`i etrnents-may.i c ude project scopes and schedules that
will identify interim milestones in addition ta.`'those.,desolbed in Section 1 of this Policy.
Grant recipients ma^receive extensis: orb-'r projeet-schedules of up to six months for
good cause. Extensions -of up to six mks aggregate that would not cause the project to
miss a compi'etion deadlttte in Section:;.'i ..may be approved by the SANDAG Executive
Director. Extenioitsbeyond six months aggregate or that would cause the project to miss a
completion deadhne i:n, on 1-must be'approved by the Policy Advisory Committee that
has be.en..delegated ite necessary.a ttt t rtty by the Board. For an extension to be granted
u ler.th ,5ecti0n 2, theft towing coriditiOns must be met:
2.1.1. r extension requests of up to six months, the grantee must request the
extension irij-writing ta•the SANDAG Program Manager at least two weeks prior to
the earliest ject schedule milestone deadline for which an extension is being
.' ;.requested. The Executive Director or designee will determine whether the extension
.,$i'togld be g(arited. The Executive Director's action will be reported out to the Board
i?rfoilowiti mionth's report of delegated actions.
2.1.2.' ; 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 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 SAN DAG 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
Manager.
3.2 A grantee seeking an extension must eloc'Itn'lent preveps •efforts undertaken to
maintain the project schedule, explain the rea o s-for the delay, tvlain why the delay is
unavoidable, and demonstrate an ability to,toeed in the extended tine frame the grantee
proposes. The grantee must provide the ne't_ sary inforron to SANDS staff to place in
a report to the Policy Advisory Committee. ft utfruent..time is available and the grant
utilized TransNet funds, the request will first be taken to the Independent Taxpayer
Advisory Committee (1T0Cj f `r.• a recommendatl�rt:... The grantee should make a
representative available at the•.ti:eeettnTg...to present Ake lliformation to, and/or answer
questions from, the ITOC and Polity Advi's tmittee.
3.3 The Policy Advisory Committ e:will onl ,gnartan extension under this Section 3 for
extenuating circun>stiftees that the gi'antiee4buid not ha a reasonably foreseen.
•
4. Resolution and Execution of the Grant AAr ment
•
4.1 Two weeks prior,Zo tire -review by.the Policy Advisory Committee of the proposed
grants, prospective. rant sinus sti mit a r ►solution from their authorized governing body
that ifiikudes:the prof ions in this Staisection 4.1. Failure to provide a resolution that meets
die i°eq-uirement -in th'istSu.bsection 4.1'will result in rejection of the application and the
appiication wiii'bedroppe�from consideration with funding going to the next project as
,. sco•
red by the av'on co^
A.,ati : ee. !^ ord;.r to assist grantees in meeting this resolution
file line, when SANDAG issues the cal! for projects it will allow at least 90 days for grant
app ica on subrr+.issidn..
.# Gr,a'irtlee governing body commits to providing the amount of matching
fu s.se#`fo th 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.
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 those projects,. t`iiat were already granted
extensions by the Executive Director and are again fall•.itig .benina schedule), will be
considered by the Policy Advisory Committee upon request to the SANDAG Program
•
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 tor 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: Novernber 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 SANDAL with updated contact information in a timely rnanner if
there are any changes to staff assigned.
2. Baseline Data Coiicr_tinn: Prior to the construction of gr improvements, the
vvs.,,,iGn S,
Grantee is responsible for developing a baseline data collectio ti..•plan with SANDAG to gather
information on pedestrian and bicyclist activity. At a minhi m, data should be collected for
observed bicycle and pedestrian volumes, behavior, and attitOttdes-in t�h ,3,roject area. Once the data
collection plan is approved by SANDAG staff, the Granted is{'responsible\for carrying out the plan
and returning collected data to SANDAG as a deliverable. Standardized`figrms required for data
collection will be provided by SANDAG.
Grantees are encouraged to use the National Bic�'.and.+edestrian Docume tatiori Project
methodology and plan for the following:
• Conduct counts prior to project c ruction, during` Aa onal Documentation Days in the
second week of September. Sup3temeby.-counts andA:uiveys can be conducted during
January, May, and July to provide asonal'tl , -desired. '`�;..:;.-
Conduct counts for two hours, at pea C`•times- refative tea t oe facility. For example, facilities
attracting utilitar in trips should be cunt& ri a Tuesday, Wednesday, or Thursday from
5 to 7 p.m., Mit S facilr4resattracting,recreational trips should be counted on a Saturday,
from 9 to 11 ag,p. ,. 1,
In the case that the abote tirfefra a -deemed-` infeasible due to the project schedule, the
Grantee and -SANDAG wilt collaborate`-o ah:;>alternative data collection methodology and
proced
•
r-A s se :of Grantees may neseiectel for in-depth evaluation by SANDAG, in which case, SANDAG
will cogduct the data collebtibil effort uiith required participation from Grantee staff. Such in-depth
evaivatiOrk conducted by ` SANDAG will take place solely for the purpose of SANDAG
Active Tranportation data; collection and monitoring efforts, and will not impact Grantees'
budgets. .�
Grantees should pldA.:to o dget five thousand dollars ($5,000) for data collection. For questions or
assistance with data collection, contact Christine Eery at Christine.Earyasandag.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, 60 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
• Consistency with accepted pedestrian/bicycle facility and smart growth design standards.
5. Quarterly Reports and invoices: Grantee must submit quarterly reports and invoices to
SANDAG, detaiiina accomplishments in the quarter, anticipated press next quarter, pending
issues and actions toward resolution, and status of budget and schedu e. Furthermore, the Grantee
agrees to provide project milestone information (such as preset! to community groups, other
agencies, and elected officials, ground-breakings, and riles p cutti •igs)to support media and
communications efforts.•
6. Media and Community Outreach Coordinatiofi Press materials shall b-,provided to SANDAG
staff before they are distributed. SANDAG logo(s)`'sft,uld be incliled in press'rterials and other
project collateral. Furthermore, the grantee agrees 'itt pr-ovidi.project milestone• nformation to
support media and communications efforts.
7. Photo Documentation: Grantees a",rpnsible for the fcrfrving photo documentation:
•-
• Before and after photos, which houuld -be taken from sirr. iat .angles to showcase how a
particular area has been transformef over timer
., Project milestone hotos:(such as ground-brrakrngs and ribbon -cuttings).
• Photos taken tptoLightfut.construction prase and throughout the length of the project.
Photos should be'l0 resolutikrrr:_(at least 4 inches by 6 inches with a minimum of 300 pixels per
inch) and contain ca'ons,.ltfi_pr .descriptions, dates, locations, and the names of those
featured, iLappropriate:.,
•
6. Projecttri Sages$ach.,project or program in excess of $250,000 funded in whole or in part by
revetfiree= from the T,ar s et:ate.. to ; Ordinance shall be clearly designated during its construction
of iriipieMentation a; bel irovided-.0y such revenues. SANDAG will provide sign specifications.
Grantegs to follow sin -specifications and submit proof files to SANDAG for approval before
printing.
r
9. Performar Ronit r : SANDAG staff may measure performance of the constructed capital
improvements aga`iryst stated project objectives, and evaluate the overall grant program. Grantee is
expected to meet wit' SANDAG 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 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. Request for Proposals and Consultant Selection. Upon request by SANDAG. Grantee must
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 .nienit A).
•
3. Quarterly Reports Grantee must submit quarterly/imports to SANDAG, detailing
accomplishments in the quarter, anticipated progress nex, s ;erte ending issues and actions
toward resolution, and status of budget and schedule. r.
4. Stakeholder aid Community Meetings, GranteeMust provide SAND)sq with advance notice
(preferably within two weeks) and agendas of ati stakeholder and commun meetings, and a
meeting summary following the meeting. SANDAG staff May attindiny meetings appropriate.
5. Media and Community Outreach Coordination. Pr s•n3wterials shall be provided to SANDAG
staff before they are distributed. SANDAi Jogo{s) should be; hduded in press materials and other
project collateral. Furthermore, the Gr:Nktitee.Airaes,to provide project milestone information to
support media and communications effort... _
6. Photo Documentation. Grantees are responsible ft.r ire: eill iwing photo documentation:
• Existing conditipEis.} otps,`which should illustrate the current conditions of the project site
and demonstrateTe need,for improved; atlities
▪ Project miles e •photos ,(lath as workps, presentations to community groups, other
agencies, and el o asj•
Photos should -be 'hh..resol ttion (at (eas'4'-inck+es by 6 inches with a minimum of 300 pixels per
inch) aiid niain�i: tions with.:pr'oject descriptions, dates, locations, and the names of those
featuted;' if appropriate:,
39
ATTACHMENT D
QUARTERLY REPORT AND INVOICE FORMS
TransNet Smart Growth Incentive Program and
TransNetiTDA 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 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/MerLF 1 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 6M13 should be sent via WeTransfer.]
WeTransfer Link: https://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 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
Of
Different
from Grant
Scope of
Work)
NTP Date
Task 1
immldd/yy]
.[mm/dd/yy]
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[rnrnldd/yy]
[mmiddlyy]
Task 2:
Policy No.
035
Milestone
[mm/dd/yy]
[mrn/ddfyy]
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[rnm/ddlyy]
[mm/dd/yy]
Task 3:
Policy No.
035
Milestone
[mm/dd/yy]
[mm/dd/yy]
[In Progress/
Completed/
Not Started]
[On
`ime/
Delayed]
[rnrn/dd/yy]
[mm/dd/yy]
•
41
PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT
REQUESTS
Challenges and Actions Toward Resolution (If applicable)
[INSTRUCTIONS: If you are experiencing chaiienges in completing project tasks, please provide
information about the delay and actions taken to resolve issues: an amendment is E ee ed,
provide justification and check the appropriate box below.]
ri No amendment requested at this time
Amendment requested to*:
❑ Project Schedule
❑ 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 SANDAG's approval. ft 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
INVOICE INSTRUCTIONS
Step fi: Complete the Quarterly 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.
Provhde: SANDAG with a copy of any consultant and contractor agreements awarded through the grant
Staff Costs shoulc be supported by certified payroll documentation
Consultant costs should be supported by the consultant invoice AND a proof of payment. The proof of payment can be ei•:her a copy of the check prodded to the
consultant or printout from the p0oject's financial accounting system showing that funds were dtsbursed
Contractor costs should be supported by the contractor invoice, schedule of values, AND a proof of payment The proof of paynen. can be either a copy of the check
provided to the contractor or a printout from 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 proof of payment. The proof of payment can be either a
copy of the check provided to the vendor or a printout from the projects financial accounting system showing that funds were disbursed.
Clearly identify (i.e., 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 dunng the reporting period.
Confine 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 subtotals have been calculated correctly.
Step 4: Complete t[-e Invoice Statement.
Enter the costs for each task (calculated in Step 3) into the appropriate cells of the invoice Statement. The SANDAG contribution, riztch contribut'on, 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
sgatgrantsasandaq.org
Sign and scan the completed Quarterly Progress Report. Submit it in PDF form
Sign and scan the invoice statement. Submit it in PDp form
Submit supporting documentation in PDF form.
Submit the competed Excel workbook
[
Files in excess of Gft 3 shtiuld be submIted via:
ttps:Ilea nd a. wetrans'fer.co m
43
PART 1: STAFF COSTS
Personnel
Staff Person A
Staff Person B
Staff Person C
[INSERTADDITONAL LrhIES AS NEEDED]
Time Period
mm/dd/yy to mm/dd/yy
mm/ddlyy to mm/dd/yy
mm/dd/yy to rnm/dd/yy
Hours
Hourly Rate
10 $
10 $
10 $
Amount Documentation Attached?
100.00 $ 1,000.00 YES/NO
10000 $ 1,000.00 YES/NO
100 00 $ 1,000.00 YES/NY
PART 2: CONSULTANT/CONTRACTOR COSTS
Consultant/Contractor
Consultant XYZ
Consultant XYZ
Consultant XY7_
Outreach Organization ABC
[INSERTADDITONAL LINES AS NEEDED]
PART 3: OTHER COSTS
Vendor
VendorA
Vendor B
VendorC
[INSERT ADDfTONAL LINES AS NEEDED]
Invoice No.
1
2
3
1
Invoke Date Description of Costs
1/1/2014 Professional serwcos For the
month of January 2014
2/1/2014 Professronal services for the
month of February 2014
3/1/2014 Professional services for the
month of March 2014
3/1/2014 Outreach from January 2014 to
March 2014
Amount Doeumem2tion Attached?
$ 10,000.00 YES/NO
$ 10,000.00 YES/NO
$ 10,000.00 YES/NO
$ 10,000,00 YES/NO
Invoice No.
Invoice Date
1 1/1/2014
1 2/1/2014
1 2/28/20/4
Description of Costs
Printing costs for January 2014
News Announcement for
February 2a14 Workshop
Snacks for February 2014
Workshop
45
Amount Documi ntation Attached?
$ 100.00 YES/NO
$ 100.00 YES/NO
$ 100.00 YES/NO
To:
From:
T MN IVET SMART GROWTH INCENTIVE PROGRAM INVOICE
SUCf4 hMU' HiER 1 EE
SAP' DAG
401 B Street, Suite 800
San Diego, CA92101-4231
Memo
.address
Project Name: [PROJECT NAME]
Contract Number 500x00C
Grant Invoice Number: 0
Billing Period: FROM
Invoice Date: LATE
Grant Award:
Balance Remaining
TASK
1
____^..
Previous Balance
Current MM/1313N 4'Yto ISIMIaOrI? YY
Total Expenses SANDAGTotal Match Spent
Raimbursnd to
Data
Match to
Date
Total to
'Date
Staff Costs
Cons i
Contractor
Ousts
Other Coats
This Invoice
This Invoice
This Invoice
RFP
$0.00
$0.00
$0.00
$0 00
.._ $0.00
$0.00
$0.00
$0.00
$0.00
rxistin. Conditions P.apori.
i).00
$0,00
$0.00
$0,00
$0.60
$0.00
$0.00
$0.00
$0.00
Public Outreach
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
4
Draft Plan
$0.00
$0.00
$0.00
$0 00
$O.E10
$0.00
$0.00
$0.00
$0,00
5
Final Plan
_ s �
$0.00
$0.00
- $0.00
-r=----� -
$0.00
$0.00
$0.00
$0.00
$0.00
. $0,00
1btal' $0,00
.
$0.01)
$0.00
$0.00
$0.00
$0.00
$0.00
$0,00
$0.00
Total Current Expenditures: $0.00
Total Amount Due this Invoice: $0.00
Lsats la% Reilissioefon: $0.00
klatch % Met to Data: #DlVI0!
Totai Project Budget
(Grarrt+ Match)
Task 1
$0_00
Task 2
$0,00
Task 3
$0.00
Task 4.
$0.00
task 5
$0.00
TOTAL
$0.00
$0. 0
SANDAL Grant:
Match:
$0.00
3IINDAG
��
Contribution %
#DM0!
Required Match °!o
#DIV101
46
CERTIFICATION OF GRANTEE
hereby certify that the above oasis wars incurred in performance of the work required under the grant and are consistent with the amounts evidenced byattached supporting documents and
expenditures.
Signature
Printed Name and Title Date
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