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HomeMy WebLinkAboutCC RESO 2022-188 SANDAG Agreement Smart Growth ProgramRESOLUTION NO. 2022 _ 188 RESOLUTION N F THE CITY COUNCIL OF CITY OF NATIONAL CITY, CALIFORNIA, RATIFYING THE SUBMISSION OF AN APPLICATION TO SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAL) AND RATIFYING AN AGREEMENT WITH SANDAG AND ESTABLISHING FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET FOR THE SMART GROWTH INCENTIVE PROGRAM (SLIP) FUNDS IN THE AMOUNT OF $294,477 FOR WORK PERFORMED ON THE FOCUSED GENERAL PLAN UPDATE GENERAL TASKS, COMMUNITY ENGAGEMENT, LAND USE ELEMENT, MOBILITY ELEMENT, HOUSING ELEMENT, SAFETY ELEMENT, PEIR, CLIMATE ACTION PLAN UPDATE, AND SPANISH TRANSLATION SERVICES WHEREAS, the San Diego Association of Governments ("SANDAG") Board of Directors allocates funds under the TransNet local sales tax program to support local transportation -related infrastructure projects in the San Diego region through a competitive process; and WHEREAS, the TransNet Extension Ordinance contains provisions to fund the Smart Growth Incentive Program ("SGIP"); and WHEREAS, the SGIP encompasses projects that better integrate transportation and land use and recognizes the comprehensive effort to integrate smart growth place making, access to transit, and environmental justice; and WHEREAS, on November 19, 2021, 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 planning projects meeting certain criteria, and authorizing up to $3 million from the SGIP to be used for planning projects; and WHEREAS, in January 2022 the City of National City ("City") an application to SANDAG for the SGIP funds. In June 2022 SANDAG notified the City of the SLIP grant award in the amount of $294,477; and WHEREAS, an agreement was provided by SANDAG and executed by the City in August 2022. The funding Agreement (Exhibit No. 1) will allocate the TransNet Extension Ordinance funding SANDAG received; and WHEREAS, the SANDAG funding commitment to the City is subject retail transactions and use tax revenues, which fluctuate and may impact funding availability for this Project; and WHEREAS, the City reimbursement shall not exceed $294,477 (fund limit) and will only be reimbursed for allowable costs. The appropriation will be used for work performed on the Focused General Plan Update general tasks, Community engagement, Land Use Element, Mobility Element, Housing Element, Safety Element, PEIR, Climate Action Plan Update, and Spanish translation services (collectively known as "Elements"); and fr/ Resolution No. 2022 — 188 Page Two WHEREAS, the Resolution appropriates $294,477 in grant funds for work performed in fiscal year 2022, and will carry over funds to succeeding fiscal years until the funded scope is complete; and WHEREAS, the City Manager or his designee will be authorized to execute the agreements, approve budget adjustments as necessary to reflect funding the allocation for the SGIP Activities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Ratifies the submission of a TransNet SGIP grant application and the execution of the TransNet SGIP grant agreement with SANDAG. Section 2: Authorizes TransNet SGIP funds in the amount of '294,477 for work performed on the Focused General Plan Update general tasks, Community engagement, Land Use Element, Mobility Element, Housing Element, Safety Element, PEIR, Climate Action Plan Update, and Spanish translation services (collectively known as "Elements"). Section 3: Authorizies the appropriation of $294,477 in SGIP grant funds for work performed in fiscal year 2022, and will carry over funds to succeeding fiscal years until the funded scope is complete. Section 4: Authorizes the City Manager or his designee to execute agreements, and approve budget adjustments as necessary to reflect funding the allocation for the SGIP Activities. Section 5: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 6th day of Decembe ATTEST: Lodz Moll ra City Clerk APPROVED AS TO FORM: Barry f Interim — i y Attorney Alejandro ayor Passed and adopted by the City Council of the City of National City, California, on December 6, 2022 by the following vote, to -wit: Ayes: Sotelo-Solis, Morrison, Rios, Rodriguez uue Nays: None. Absent: Bush Abstain: None. AUTHENTICATED BY: ALEJANDRA OTELO-SOLIS BY: Mayor of the City of National City, California Luz Molina City Clerk of the City of National City California Kelley apel, MMC. Deputy City Clerk GRANT AGREEMENT BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND CITY OF NATIONAL CITY REGARDING TOGETHER WE PLAN NATIONAL CITY TRANSNET SMART GROWTH INCENTIVE PROGRAM — PLANNING CYCLE SANDAG CONTRACT NO. S1021752 THIS GRANT AGREEMENT ("Agreement") is made and entered into effective as of the last signature date, by an between the San Diego Association of Governments USANDAG" , 401 B Street, Suite 800, San Diego, California, and City of National City, ";✓Grantee", 1234 National City Boulevard, National City, California. This Agreement expires 13 months after the effective date, unless amended in writing by mutual agreement of the parties. The following recitals are a substantive part of this Agreement: The SANDAG Board of Directors allocates funds under the TransNet local sales tax program to support local transportation related infrastructure projects in the San Diego region through a competitive process. The TransNet Extension Ordinance contains provisions to fund the Smart Growth Incentive Program(SGIP) for which funding began on April 1, 2008. The SGIP encompasses projects that better integrate transportation and land use and recognizes the comprehensive effort to integrate smart growth place making, access to transit, and environmental justice. In. January 2010, the SANDAG Board of Directors approved Board Policy No. 035: Competitive Grant Program Procedures, which is available in its updated version at www.sandag.orgllegal. This Agreement and the Grantee's performance hereunder are subject to Board Policy No. 035, which includes multiple "use it or lose it" provisions. D. On November 19, 2021, 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 planning projects meeting certain criteria, and authorizing up to 3 million from the SGIP to be used for planning projects. On May 13„ 2022, t-ie SANDAG Board of Directors approved a list of recommended SGIP projects for the fifth competitive grant cycle, and one of those projects is the subject of this Agreement (Project). The Project Scope of Work, Schedule, and Budget are Inc uded as Attachment A. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not take an active role or retain substantial control of the Project. Therefore, this Agreement is characterized as a funding agreement rather than a cooperative agreement. NOW, THEREFORE, it is agreed as follows: 1 GRANT AWARD A. The total amount payable by SANDAG to Grantee pursuant to this Agreement shall be the proportion of actual Project costs allocated to grant funding in Attachment A and shall not exceed the grant award of $294,477 (Fund Limit). Be It is agreed and understood that this Agreement Fund Limit is a ceiling and that SANDAG will only reimburse the allowable cost of services actually rendered as authorized by SANDAG at or below the Fund Limit. Notwithstanding the foregoing, Grantee understands that TransNet funds derive from retail transactions and use tax revenues, which fluctuate. The SANDAG funding commitment to SGIP Projects, including this Project, is subject to these fluctuations, which may impact funding availability for this Project. C. Grantee's is included in the Regional Transportation Improvement Plan (RTIP). The TransNet MPO ID for the Project is NC43. I. PROJECT BUDGET Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantee and SANDAG have agreed to a Project Budget that is set forth in Attachment A. The Grantee and/or third -party contractor(s) will incur obligations to the Project only as authorized by the Project Budget. An amendment to the Project Budget requires the issuance of a formal amendment to the Agreement per Board Policy No. 035, unless the re -allocation of funds among budget items or fiscal years oes not increase the Fund Limit, does not exceed an aggregate of ten percent for any particular task in Attachment A, does not negatively impact the benefits obtained from the Project, and is consistent with 1 applicable laws, regulations, and policies. Prior written SANDAG Grants Program Manager approval is 'required for transfers of funds between tasks in Attachment A that meet these eligibility criteria for an administrative amendment by SANDAG staff. All other amendments are subject to approval by a SANDAG Policy Advisory Committee or the SANDAG Board of Directors. .III. MATCHING FUNDS Grantee agrees to provide matching funds in an amount of $0.00 of the actual cost of the Project, estimated to be 0.00 percent based on the Project Budget. If the actual cost of the Project exceeds the Project Budget, Grantee is responsible for 100 percent of the actual cost greater than the Project Budget. ,A. Availability of Grant Funding Except where expressly allowed in wilting herein, credits for matching funds will be made or allowed only for work performed on and after the Notice to Proceed date and prior to the termination date of this Agreement, unless expressly permitted by SANDAG in writing. B. Reduction of Matching Funds The Grantee agrees that no reduction in the amount of matching funds may be made unless a reduction of the proportional share of the grant funding provided by SANDAG under this Agreement also is made. C. Prompt Payment of Grantee's Share of Matching Funds Grantee agrees to complete all actions necessary to provide its share of the Project costs at or before the time the matching funds are needed from Grantee to pay for Project costs. The Grantee agrees to provide not less than its cumulative required match amount of Project costs prior to invoicing SANDAG for reimbursement. Each of Grantee's invoices must include its matching fund 2 contribution, along with supporting, descriptive and/or explanatory documentation for the matching funds provided. IV. PROJECT MANAGER Grantee's Project Manager is Carlos Aguirre. The SANDAG SGIP Program Manager is Tracy Ferchaw. Project Manager continuity and experience is deemed essential in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the Project Manager rithout first providing written notice to SANDAG. Grantee shall provide SANDAG with updated contact information in a timely manner if there are any changes to its Project Manager. V. NOTICE All notices required to be given, by either party to the other, shall be deemed fully given when made in writing and received by the parties at their respective addresses: San Diego Association of Governments Attention: Grants Program Manager 401 B Street, Suite 800 San Diego, CA 92101 rantee: ,City of National City Attention: Carlos Aguirre 1234 National City Boulevard National City, CA 92123 VI. PROJECT IMPLEMENTATION A. General The Grantee agrees to carry out the Project as follows: 1. Project Description Grantee agrees to perform the work as described in the Scope of Work included in Attachment A. 2. Grantee's Capacity The Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project as described in Attachment A and provide for the use of any Project property; (b) carry out any safety and security aspects of the Project; and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and the Grantee, including but not limited to the TransNet Extension Ordinance and Board Policy No. 035. 3. Project Schedule The Grantee agrees to complete the Project according to the Project Schedule included in Attachment A and in compliance with Board Policy No. 035. 3 4. Project Implementation and Oversight Requirements Grantee agrees to comply with the Performance Measures included in Attachment B. 5. Changes to Project Scope of Work This Agreement was awarded to Grantee based on the application submitted by Grantee with the intention that the awarded funds would be used to implement the Project as described in the project application. Any substantive deviation from Grantee's Scope of Work 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. SANDAG will then determine whether the Project is still consistent with the overall objectives of the grant program and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have grant 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 not approved in advance by SANDAL. B. Application of Laws Should a federal or state law pre-empt or conflict with a local law, policy, or the TransNet Extension Ordinance, the Grantee must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions thereof expeditiously. C. Changes in Project Performance The Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event, including a force majeure event, that may adversely affect the Grantee's ability to perform the Project in accordance with the terms of the Agreement and as required by Board Policy No. 035. The Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's interests in the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsection to SANDAG's Grants Program Manager. D. Compliance Information System (CIS) If Grantee will utilize persons other than its own employees to carry out work, Grantee and all of its third party contractors and/or subcontractors (hereinafter "subcontractors") shall report payment details using the SANDAG web -based CIS by the 15th of each month following receipt of payment by SANDAG. CIS allows SANDAG to monitor promptness of payment to subcontractors and will allow Grantee and its subcontractors to manage their own records, maintain accurate contract information, and report payment details online. CIS is mandatory for Grantee and subcontractors to use unless SANDAG instructs otherwise. After execution of this Agreement, Grantee will receive instructions on how to set up its account and enter required subcontractor data into CIS via an Internet browser. Grantee must require each of its subcontractors to enter required payment information into CIS. Failure of Grantee or its subcontractors to enter required information and confirm payments on a timely basis will result in delay of payment by SANDAG to Grantee until 4 Grantee has cured any defects or provided the missing information. Should Grantee fail to provide the required information, SANDAG shall have sole discretion regarding whether to withhold payment or terminate this Agreement. i E. Licenses and Permits Grantee represents and warrants to SANDAG that Grantee and its subcontractors will have all necessary licenses, permits, qualifications and approvals of whatever nature that are required to legally practice its profession and/or perform services under this Agreement at all times during the term of this Agreement. F. Standard of Care s Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, its management, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve the Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Grantee or its subcontractors. G. Third -Party Contracting Although the Grantee may delegate any or almost all Project responsibilities to one or more third - party contractors, the Grantee agrees that it, rather than any third -party contractor, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. The first invoice utilizing any third -party contractor shall be accompanied by evidence of compliance with the following requirements: I . Competitive Procurement Grantee shall not award contracts over $10,000 on the basis of a noncompetitive procurement for work to be performed under this Agreement without the prior written approval of SANDAL. Contracts awarded by Grantee, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. Upon request by SANDAL, Grantee shall submit its Request for Proposals or bid solicitation documents to SANDAL staff for review and comment for consistency with the agreed upon Scope of Work with SANDAL and to ensure a competitive process was used. If Grantee hires a third -party contractor to carry out work funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate prior to soliciting proposals/bids; publicly advertise for competing proposals/bids for the work; for professional services, use cost as a significant evaluation factor in selecting the third -party contractor; document a record of negotiation establishing that the amount paid by Grantee for the work is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor. 2. Debarment Grantee shall execute and cause its third -party contractors to execute debarment and suspension certificates stating they have not been disqualified from doing business with government entities. The documentation showing lack of debarment shall be obtained from the following two websites: 5 • Grantee will check the System for Award Management (SAM) at w +w.sam.gov to verify the prime contractor and all of its subcontractors are not currently debarred or suspended by the federal government. • Entities in the United States are banned from doing businesswith companies with ownership based in countries such as Cuba, Sudan and China due to United States trade sanctions. A search on the US Treasury's Office of Foreign Assets Control (OFAC) website can ensure Grantee will not be doing business with a vendor that is subject to trade sanctions. This can be done at https://sa.nctionssearch.ofac.treas.gov/. Flowdown Grantee agrees to take appropriate measures necessary, including the execution of a subagreement, lease, third -party contract, or other, to ensure that all Project participants, including alternate payees or third -party contractors at any tier, comply with all applicable federal laws, regulations, policies affecting Project implementation and Agreement requirements. 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. 4. No SANDAG Obligations to Third Parties In connection with the Project, the Grantee agrees that SANDAL shall not be subject to any obligations or liabilities to any subcontractor, lessee, third -party contractor at any, tier or other person or entity that is not a party to the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, alternate payee designation, or third -party contract at any tier, SANDAG has no obligations or liabilities to any entity other than the Grantee. Equipment Purchases Grantee shall maintain ownership of any equipment purchased using Agreement funding and shall use such equipment only for the purposes set forth in this Agreement. The parties agree to meet and confer in good faith to ensure the continued use of the equipment for the purposes intended, which may include reimbursement to SANDAL when the fair market value of the equipment at Project completion exceeds $5,000. SANDAG and Grantee further agree that Grantee shall keep an inventory record for each piece of equipment purchased under this Agreement and maintain each piece of equipment in good operating order consistent with the purposes for which they were intended. SANDAG shall have the right to conduct periodic maintenance inspections for the purpose of confirming the existence, condition, and proper maintenance of the equipment. VII. ETHICS A. Grantee Code of Conduct/Standards 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, council or board members, or agents engagec in the award or administration of subagreements, leases, or third -party contracts supported with the grant funding. The Grantee agrees that itscode ofconduct 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 subcontractor, lessee, or third -party contractor at any tier or agent thereof. TheGrantee 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 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 subcontractors or their agents. 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 the grant funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in a firm competing for award. C. Organizational Conflicts of Interest The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third -party contractor or subcontractor or impair its objectivity in performing the contract work. D. SANDAG Code of Conduct SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff members are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for any contract to be made by SANDAG if any individual Board member or staff has a prohibited financial interest in the contract. Staff also are prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG. SANDAG's officers, employees, agents, and board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it shall notify the SANDAG Office of General Counsel immediately. E. Bonus or Commission The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its grant funding application for the Project. F. False or Fraudulent Statements or Claims 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. 7 VIII. PAYMENTS A. Method of Payment The method of payment for this Agreement will be based upon actual, substantiated, and allowable costs described herein. B. Alternate Payee If the Grantee designates a party as an Alternate Payee, Alternate Payee is authorized to submit payment requests directly to SANDAG to receive reimbursement for allowable Project costs. This does not alleviate Grantee from all obligations under this Grant Agreement. C. Invoicing Grantee or Alternate Payee is required to submit invoices quarterly. Invoices must be accompanied by a quarterly report (template to be provided by SANDAG). SANDAG will make payments for eligible amounts to Grantee or Alternate Payee as promptly as SANDAG fiscal procedures permit upon receipt of Grantee's or Alternate Payee's itemized signed invoice(s) and confirmation by the SGIP Program Manager that Grantee is in compliance with the reporting and other requirements in this Agreement. SANDAG shall retain 10 percent from the amounts invoiced until satisfactory completion of the Project. SANDAG shall promptly pay retention amounts to Grantee or Alternate Payee following satisfactory completion of work, receipt of final invoice, and all required documentation. • D. Eligible Costs The Grantee agrees that Project costs eligible for grant funding must comply with the following requirements, unless SANDAG determines otherwise in writing. To be eligible for reimbursement, Project costs must be: 1. Consistent with the Project Scope of Work, Schedule and Project Budget, and other provisions of the Agreement. 2. Necessary in order to accomplish the Project. 3. Reasonable for the goods or services purchased. • 4. Actual net costs 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). Project generated revenue realized by the Grantee shall be used in support of the Project. Project generated revenue and expenditures, if any, shall be reported at the end of the Agreement period. 5. Incurred for work performed on or after the SANDAG Notice to Proceed date, and before the termination date, and also must have been paid for by the Grantee. 6. Satisfactorily documented with supporting documentation, which is to be submitted with each invoice. Copies of invoices are required for goods or services provided by third parties. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subcontractors, (see Section entitled "Accounting Records"). 8. Eligible for grant funding as part of the grant program through which the funds were awarded. 8 9. Indirect Costs are only allowable with prior SANDAL approval. Grantee must submit the following documentation as part of the grant application materials: (1) an indirect cost allocation audit approved by a qualified independent auditor or (2) the applicant's proposed method for allocating indirect costs in accordance with federal guidelines. Indirect cost allocation plans must be reviewed and renewed annually. E. Excluded Costs In determining the amount of TransNet Ordinance Assistance SANDAL will provide for the Project, SANDAL will exclude: 1. Any Project cost incurred by the Grantee before the Effective Date of the Agreement or applicable Amendment thereto 2. Any cost that is not included in the Project Budget 3. Any cost for Project property or services received in connection with a subagreement, lease, third -party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAL 4. Any cost ineligible for SANDAL participation as provided by applicable laws, regulations, or policies 5. Any cost incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved (any indirect cost). Typical indirect costs include facilities and administration costs such as heat/air conditioning, lighting, payroll, and the entity's accounting system. Administrative costs such as clerical and support staff salaries also are most often treated as indirect costs. The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG's final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of this Agreement or Board Policy No. 035. The Grantee acknowledges that SANDAL will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAL or its Independent Taxpayers' Oversight Committee (1TOC) has been completed, whichever occurs latest. If SANDAL determines that the Grantee is not entitled to receive any portion of the grant funding requested or paid, SANDAL will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due to SANDAL as a result of later refunds, corrections, performance deficiencies, or other similar actions; nor will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. Upon notification to the Grantee that specific amounts are owed to SANDAL, whether for excess payments of grant funding, disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to promptly remit to SANDAL the amounts owed, including applicable interest, penalties and administrative charges. • 1X. ACCOUNTING, REPORTING, RECORD RETENTION, AND ACCESS A. Project Accounts The Grantee and/or Alternate Payee agree to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Grantee and/or Alternate Payee also agree to maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other 9 accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. B. Reports 1. The Grantee agrees to submit to SANDAG all reports required by law and regulation, policy, this Agreement, or any other reports SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. Grantee may be required to attend meetings of SANDAG staff and committees, including but not limited to the Regional Planning Committee and the SANDAG Board of Directors, to report on its progress and respond to questions from Board Members or the public. 2. Grantee's performance shall be monitored for consistency with the Scope of Work. SANDAG will utilize the SGIP Monitoring Checklist (Attachment C) and Performance Measures (Attachment B), to document compliance with this Agreement. Grantee's performance will be measured against the Performance Measures during the term of this Agreement. If the Grantee does not comply with provisions in this Agreement or achieve minimum performance requirements, SANDAG will issue Grantee a written Notice to Complete a Recovery Plan. Grantee's Recovery Plan shall include a detailed description of how Grantee intends to come into compliance with the Performance Measures or provisions in this Agreement. Grantee's Recovery Plan must include an implementation schedule that reflects achievement of its performance measure minimums or provisions in this Agreement within three months following the issue date of the SANDAG Notice to Complete a Recovery Plan. Grantee must submit its Recovery Plan to the SGIP Program Manager within 30 calendar days following the issue date of the SANDAG Notice to Complete a Recovery Plan. If Grantee's performance is inconsistent with that proposed in its Recovery Plan, SANDAG in its sole discretion may terminate this Agreement. 3. Grantee must submit quarterly reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget, schedule, and Performance Measures. Grantee will not be paid until all reports are completed and provided to SANDAG in the format SANDAG requires. Furthermore, the Grantee agrees to provide project milestone information (such as presentations to community groups, other agencies, and elected officials, groundbreakings, and ribbon -cuttings) to support media and communications efforts. Grantee needs to document and track in -kind contributions designated as matching funds as part of project management. Grantee must provide all deliverables identified in the Scope of Work. 4. Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral based on logo usage guidelines to be provided by SANDAG. Grantee agrees to provide project milestone information to support media and communications efforts. 5. Grantees are responsible for the following photo documentation: • Existing conditions photos (as applicable), which should illustrate the current conditions of the project site and demonstrate the need for improved facilities • Project milestone photos (such as workshops, presentations to community groups, other agencies, and elected officials) I • Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captions with project descriptions, dates, locations, and the 10 names of those featured, if appropriate. Grantees must obtain consent of all persons featu red in photos (or that of a parent or guardian of persons under the age of 18) by using the SANDAG Photo and Testimonial Release form to be provided by SANDAG, or a similar release form developed by Grantee and agreed upon by SANDAG. D. Record Retention During the course of the Project and for three years thereafter from the date of transmission of the final invoice, the Grantee agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project, as SANDAG may require. All communications and information provided to SANDAG become the property of SANDAG and public records, as such, may be subject to public review. Please see SANDAG's Board Policy No. 015: Records Management Policy, which is available at www.sandaq.or_afIegal, for information regarding the treatment of documents designated as confidential. D. Meeting Records Grantee shall provide SANDAG with agendas and meeting summaries for all community meetings. SANDAG staff may attend any meetings as appropriate. E. Access to Records of Grantees and Subcontractors The Grantee agrees to permit, and require its subcontractors to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its subcontractors pertaining to the Project. Communities Served Data and Reporting If requested, Grantee shall provide SANDAG with data regarding how the Project's benefits and burdens were equitably distributed among socio and economic populations in the area affected by the Project, and associated smart growth data, and/or any other relevant information. PROJECT COMPLETION, AUDIT, SETTLEMENT, AND CLOSEOUT A. Project Completion Within 90 calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final invoice 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. Project Audit The Grantee agrees to have financial, performance, and compliance audits performed as SANDAG may require. The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. Audit costs are allowable Project costs. Performance Audit The Grantee agrees to cooperate with SANDAG or ITOC with regard to any performance audit that is performed on the Project. 11 Project Closeout Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicable, either forwards the final grant funding payment and or acknowledges that the Grantee has remitted the proper refund. The Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. Xl. TIMELY PROGRESS AND RIGHT OF SANDAG TO TERMINATE A. C. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. In the event Grantee encounters or anticipates difficulty in meeting the Project Schedule, the Grantee shall immediately notify the SGIP Program 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. Grantee agrees that SANDAG, at its sole discretion, may suspend or terminate all or any part of the grant funding if the Grantee fails to make reasonable progress on the Project and/or violates 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 would not be adequately served by the continuation of grant funding for the Project. In general, termination of grant funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused grant funding by failing to make adequate 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 amount of grant funding provided for the Project or any lesser amount as SANDAG may determine. E. Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project, however, Grantee must request and SANDAG may agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAG's discretion if Grantee's request is consistent with the provisions of Board Policy No. 035. XII. CIVIL RIGHTS The Grantee agrees to comply with all applicable civil rights laws, regulations and policies and shall include the provisions of this section in each subagreement, lease, third -party contract or other legally binding document to perform work funded by this Agreement. Applicable civil rights laws, regulations and policies include, but are not limited to, the following: A. Nondiscrimination SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the public 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 12 relates to the Project or program funded by this grant. If Grantee receives a Title VI -related or ADA- related complaint, Grantee must notify SANDAG in writing within 72 hours of receiving the complaint so that SANDAG can determine whether it needs to carry out its own investigation. 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, 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, of seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, of seq.). The applicable regulations of the Fair Employment and Housing Commission implementing California Government Code Section 12990 (a4), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by this reference and are made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. XIV. DISPUTES AND VENUE Choice of Law This Agreement shall be interpreted in accordance with the laws of the State of California. Dispute Resolution Process In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: I • Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to the SGIP Program Manager. The SGIP Program Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within 20 calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to SANDAG's Chief Executive Officer or designee. The request for reconsideration must be received within ten calendar days from the postmark date of SANDAG's reply. The Chief Executive Officer or designee will respond in writing to the request for reconsideration within ten working days. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee. SANDAG shall respond to a request for mediation within 30 calendar days. The decision of the Regional Planning Committee shall be final. 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 13 reasonable costs incurred, including reasonable attorneys fees, litigation and collection expenses, witness fees, and court costs as determined by the court. V. ASSIGNMENT 9rantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement. 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 SANDAL 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, asserted or established liability for damages or injuries to any person or property, including injury to the Grantee's or its subcontractors' employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its subcontractors and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Grantee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAL, its Board of Directors, agents, officers, or employees. B. Intellectual Property Upon request by SANDAL, the Grantee agrees to indemnify, save, and hold harmless SANDAL and its Board of Directors, officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Grantee shall not be required to indemnify SANDAL for any such liability caused solely by the wrongful acts of SANDAL employees or agents. XVIII. INDEPENDENT CONTRACTOR A. Status of Grantee Grantee shall perform the services provided for within this Agreement as an independent contractor, and not as an employee of SANDAG. Grantee shall be under the control of SANDAG as to the result to be accomplished and not the means, and shall consult with SANDAG as provided for in the Scope of Work. The payments made to Grantee pursuant to this Agreement shall be the full and complete compensation to which Grantee is entitled. SANDAL shall not make any federal or state tax withholdings on behalf of Grantee. SANDAL shall not be required to pay any workers' compensation insurance on behalf of Grantee. Grantee agrees to indemnify SANDAL for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which SANDAL may be required to make on behalf of Grantee or any employee of Grantee for work done under this Agreement. B. Actions on Behalf of SANDAG Except as SANDAL may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAL in any capacity whatsoever, as an agent or otherwise. Grantee shall have 14 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. 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. lihis Agreement with its attachments and the resolution from Grantee's governing body submitted with its application, 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 herein. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. XX. SIGNATURES The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities! IN WITNESS WHEREOF, the parties have executed this Agreement as of the last signature date. SAN DIEGO ASSOCIATION OF CITYOF NATIONAL CITY GOVERNMENTS E-SIGNED by Susan Huntington E-SIGNED by Brad Raul ton on C 2-0 -18 18:08:06 GMT on 0 -0 -1 1 : 3:36 GMT SUSAN HUNTINGTON Director of Financial Planning, Budgets, and Grants APPROVED AS TO FORM: E-SIGNED by Samantha Foulke on 2022-08-18 16:18:47 GMT Office of General Counsel B A D RA U LSTO N DATE City Manager APPROVED AS TO FORM: Office of the City Attorney DATE ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND PROJECT BUDGET This Project is primarily funded by the Housing Acceleration Program (HAP). While the entire Project was eligible for HAP funding, the Grantee's existing housing consultant was not eligible to receive HAP funding due to its earlier participation in HAP program development. Because there were surplus SGiP funds available from the most recent al1 for Projects, 94,4 7 will be allocated to the Project. Part U: scope Of Work, Schedule, and Budget Proixise tasks, dek-verables, a tiriefame. and a budget for implementing the protect_ The meet schedule must be based on `Mersin from Notre to Proceed- iNTL i The Total Protect Cost ccunan wig al tc-cattulate Task No. lfas14 Description Deliverables Start Date Completion Date Total Project Cost rimer art careEnter as ntorn.bet Of :as mai-1 s from ffT, Eater VelOe I L *ers eras d_f_ eienPer or .mionths +font NW. Enter smote non ors_.rYei _rater c o to t K Scram snored not nave an as4 The t of xi tasks semi w tee tali project cost (gram funds Gi+ 1 Fv/r tuna r Enter T, r Or Sitrasit Number aeor as needed) Eger task is L'rr.1 - l s& to Major m stones j Enter de rafts aSS&C,Z1ecf �axn eaen taster A Focused Genera= Flan Lpdate 3enetal' Tasks B4- Idy WSP/City Mom: Assume 13 months of meetings twice a month. This equates to 134 hours_ Bi-weeldy Internal Paeetingsr Assumes 13 months of meetings twice a month This equates to 142 hours Prefect INar eme Viral �, cam, schedule ram. and prgect management Assumes 101 hours Gates Planning Strategies PPS) Meetings- will participate in bi- +,weeldy meetings with city staff and internal meetings to provide feedback and e:bon when reed Tins equates to aporoasmatOy_20 Marrs- , - ._ _ 131,32213 B Community Engagement FGPU Fact Sheet, Community Workshop, City Council and City Attorney briefings, and Staketol er meetings "month _ 73 mo�l<s 11951523 -30000 (IN HAP FUNDING) 1=8951523 C Land Use Element Land Use Recommendations, FAR Derarty Bonus Cet-In Regulations. Land Use Docttnent, and Development of Hrous-nL National C4y Regulations 275.857 70 0 Mo t r Element Updates to Network CCtions Development and Transportation Elerimert Map Updates i t moin ri t 3 month, i- ,664 03 Complete 9 137,008 41 E Housing Eler L rateHousing vatic R.ee Lr Element vatieei yy°ratt�,j Aciministraa4 e Craftt Housing � , D R'e`die-ro Craft Element_ Final EIe Draft Housing Element, and Adopted Housing 'Element i� a'- - F Safety Element Updated suety elegy and completes chec'iist provided in State Gerecal Ran on`,e�,,, to eesureethat NationalCiy's E _ SafSafetyElement addresses it the revElements_ ; } k ( S 24,908.50 ' E rnnrc Document SEER. Technical Studies (Air Guality!GHG, Noise and Vibration) it Quaftyi G 1G Emissions N ' ran ens Try kn ac t Analysis, F tpure Year Scenario Land Use Updates Future Year Network Updates, f'ilcdekng- 13 MrMctstrl 345,920 81 d4 y.:.;n ze f CAP p Update Jul rounds et modeling. l and stakeholder outreacih and revisions to the a�lns�� rail CAP t fir' ° - S 49,1 g8.84 Re ' tiles Pr Printing. Traffic ODCs, Spanish Trar,stator 'Yet onkca Tarn and Associates ICLEI - Crenate Action Dean Llteatirje 1 I" ieete ',1 -fete. s 264.90 00 J Housin Strategic Flan Resource inventory. Best Practice Research, Strategy Sessions, Deft and anal Strategic Plan, Project Management and Coord I Month 13,10crahs S 47 814.05 l s Downtown Specific Plan, Westside Specific Plan, Objectr4+t' Design Standards and Zoning Code Updates Mr itr 13 r, rlitl 255.604 3 8 L Development of Part Draft Parking Master Flan, Pak review of Draft, Ackeietistrative Draft, Final Draft and adopt the Parking Master Plan t 1 *.t � nrr 9, Erigitle under SGIP Bicycle Master Plan Dud Bicycle Lta er Plan %Mc review et Die A rrnrastr3tvc Draft Fria' Deaf1 and admit the Bicycle Plenty Pan TOTAL PROJECT COST(grant request funds + matching fundsj: 49,997 09 Y 1,602,226,9E Seasonal Constraints A3 apriliCable. alertly tiny seminal cons:1r2nts that rn.tre regwsfe►the ovf'aii 7,rc+te-ct. or cptC c fW 4s to besn, of be cCt1rc ete{f tro a spectic dare The City 1s planning to complete this 04-01eCI by January 2023,1-iowever gnen sae challenges w? COVIO-19 and related contmgencres. we preen hawing the protect c#xrnplete+d no later then April 2023 Part ill: Summary of Funding Toast project cost Tout grant amount requested from SiNOAG: Total match amount that will be contributed: SANDAG grant % contribution: Match 'J, contribution: Will the matching fund sources include funds from the Trlrrsner Local Street and Road program? St 6'02 226 97 500 000 00 S '1102 226 97 1001h 0 No 1,572 225 97 ORIGINAL GRANT REQUESTED 500,000 REVISED HAP FUNDING REG 205,523 UNDER FUNDED AMOUNT TO ROLL OVER TO SLIP 294..177 00 "I.`atcn cGr.Iritt.f cn applied in HAP grant agreement 17 ATTACHMENT PERFORMANCE MEASURES I s ructions In 2020, the San Diego region permitted 1_0 8 3 units of housing. The goal of the SLIP is to fund planning abtivities that facilitate compact, mixed -use, transit -oriented development, and increase housing and transportation choices.The following form is to be used for satisfying the quarterly reporting requirements and performance measures of the SGIP funded by TransNet. Pursuant to the terms of the Grant Agreement,Grantees will be required to provide quarterly reports and a more detailed Final Progress Report at the end of the grant term. The quarterly report utilizing this form must be submitted to SANDAG within 30 days following receipt of funds and thereafter each quarter until the expiration of the grant. A Grantee will not be eligible for reimbursement from SANDAG unless it has submitted its reports by the timelines required by SANDAG. ,Performance Period Quarterly Report Due Date April -June 2022 July 15, 2022 July -September 2022 October 1 , 2022 October -December 2022 January 15, 2023 January -March 2023 April 15 2023 'April -June 2023 July 15 2023 Jul-Se•tember 2023 October 15, 2023 Ootober-Deoember 2023January January -March 2024 15, 2g4 A. ril-June 202 July -September 202 Otto er 1 , 202 October -December 202. 4 Januar , 2C 2 "January -March 202 • ril 1, 22 April -June 2025 July 1 , 2025 Unless SANDAG directs otherwise, Grantee must submit its quarterly report to SANDAG using a form that will be sent to Grantees each quarter. This document will show the information that will be required in the quarterly reports from each Grantee and will be followed by the list of performance measures that will be used for the Final Progress Report. This cycle of SGIP grants is focused on planning activities rather than construction, however, the performance measure information in the Final Progress Report will serve as a baseline for future SGIP grant cycles to align with the 2021 Regional Plan and other SANDAG grant programs. Overview Provide an overview of the project, includingchallenges, limiting factors, opportunities and solutions unique to the jurisdiction. The section should also discuss the overall approach, goals and high-level summary of the status of the project. !Project Highlights, Accomplishments and Best Practices Provide highlights regarding the overall project from the last quarter and any accomplishments resulting from the efforts in implementing the project. This section also may list and explain some of the best practices occurring through the project. This section can highlight the Grantee's efforts and can include a wide-ranging variety of efforts that facilitate smart growth and transit -oriented development and Greenhouse gas reduction such as comprehensive planning efforts, smaller -scale neighborhood planning activities, Complete Streets Design Manuals, Financing Tools, SmartGrowth studies, Transit Oriented Development Overlay Zones and Concept Plans, and Mobility Hub plans. 18 h S atus of Activities T is section will provide a description of each of the major activities in the Grantee's project. Based on tte description of the activities Grantee committed to perform in its Grant Agreement, Grantee will provide status reports describing progress on milestones and deliverables completed. • • • • • • Column 1 of the status table is entitled Activity Category. This column will be completed with the relevant activity category (i.e., relationship to regional transit, further planning to support regional mobility hub implementation strategy, Smart Growth policy implementation, smart growth equity, partnerships (if applicable), and sustainability). Column 2 will include a brief description of the milestone or deliverable completed. Columns 3 and 4 will report the amount of money allocated to each activity and how much has been expended per activity as of the end of the quarter. Column 5 will describe the overall timing of the project with beginning and anticipated completion dates. Column 6 will include a general status (i.e., not yet started, in progress, complete) and anticipated upcoming milestones. Column 7 will qualitatively and quantitatively, where possible, describe the impact on housing as a result of the activity. Qualitative data should be based on the performance measure metrics that Grantee will be required to report on at the end of grant term in the Final Progress Report ummary of Work Completed in Prior Quarter II 2 3 4 5 6 Performance Deliverable Achieves Measure Milestone 7 on of a Activity Category Description Milestone Deliverable Completed or of Allocated Amount Activity Dollar to Amount Dollar Far Anticipated Completion Date Status Description How or Progress Expended Thus 1 1 1 Summary of Smart Growth Indicators Provide a narrative overview of smart growth indicators and a summary of efforts, activities, studies, nd/or other deliverables, as applicable. Grantees may add other smart growth indicators and numerical outcomes and may also discuss any anticipated changes and limiting or confounding factors potentially .1 impacting the effectiveness of the activities. The information collected in this grant cycle may be used as a baseline or context for indicating smart growth implementation at a jurisdictional scale. Baseline year will be the 2021 calendar year and current year will be 2022 for purposes of the Final Progress Report. Grantees may add any anticipated changes and limiting or confounding factors potentially impacting the effectiveness of the activities. Additionally, Grantees may discuss other indicators of smart growth implementation and numerical outcomes that are based on the performance measure metrics that Grantee will be required to report on at the end of grant term in the Final Progress Report. I 9 Performance Measures Metrics to Be Provided in Final Progress Report Below are examples that could be used, depending on the type of project funded through the SGIP. • Number of improvements to the mix of land use types (multifamily, single-family, and non-residential) in jurisdiction • Number of acres Grantee avoided converting from agricultural, natural, or working lands to land eligible for development • I Number of projects providing new or enhanced connectivity to the non -automotive transportation network during the grant term • Number of improved neighborhood projects with safety features to promote active mobility completed during the grant term • Number of new linkages to transit and/or pedestrian and bicycle infrastructure created during the grant term • VMT reduction per capita within the jurisdiction during the grant term • i Number of new non -automotive trips generated (total, per capita, or other) during the grant term • ' Greenhouse gas reduction (total, per capita, or other) achieved by jurisdiction during the grant term • Number of new infrastructure services created in areas of concentrated poverty or similar areas during the grant term • Number of new housing units created during the grant term in Smart Growth Opportunity Areas and employment centers • Number of individual persons reached by Grantee using direct engagement with community stakeholders concerning smart growth during the grant term • Number of housing units located on an infill site surrounded by urban uses such as shopping, restaurants, and jobs available to rent or own Additional Information Provide any applicable information as necessary to demonstrate the status and impacts of the overall project. 20 ATTACHMENT C SGIP MONITORING CHECKLIST Sle following pages. • w SAPJDAG Smart Growth Incentive Program Monitoring Checklist The San Diego Association of Governments (SANDAG) has developed a Monitoring 'Checklist to assist in monitoring each recipient of TransNet Smart Growth Incentive Program (SLIP) funds, referred to as a "Grantee." The Monitoring Checklist is used to assess the performance of the Grantee in providing the project included in the original grant application, and the Grantee's compliance with the terms of the Grant Agreement. The Monitoring Checklist will be completed by the SG I P Program Manager annually and upon project completion. SANDAG will send a final version of the competed Monitoring Checklist within one week of the date of the review. I GRANT AGREEMENT INFORMATION Agreement No. - _.:[Enter grant agreement number] Grantee Name [Eater Grantee Marne] i Project Name roject Type } Notice to Proceed Date Agreement Expiration Date [Enter Project Name] Choose an item. Click or tap to enter a date. Click or tap to enter a date. HGrtee Project Manager Name inter Grantee Project Manager Name] 11. Program Manager Name [Enter SANDAG Program Manager Name] REVIEW DETAILS pate of Review Type of Review Review Period Click or tap to enter a date. Choose an item. Ill. COMPLIANCE ASSESSMENT Start Date: Click or tap to enter a date. End Date: Click or tan to enter a date. E 4 ch question below is derived from the Grant Agreement and therefore, a question marked "No" in indicates the Grantee is out of compliance with the terms of the Grant Agreement. Topic or Question Pr eject Changes Did the Grantee notify SANDAG in writing if substantive changes to the Project would have or did occur? If the Grantee encountered or anticipated difficulty in meeting the Project Scheduler did the Grantee notify SANDAG in writing? Did the notification include the reason(s) for the delay in performance and the date by which Grantee expected to complete performance or delivery? -- - Was prior written approval obtained for transfers of funds between tasks in the Scope of Work? Response.. Choose an item. Choose an item. Choose an item. 22 If there were any changes to the Grantee's Project Manager, did the Grantee provide SANDAG with updated contact information in a timely manner? Compliance Information system (CIS) Did the Grantee report ort payment details using the SANDAGweb-based CIS by p P g the 15th of each month following receipt of payment by SANDAG? Did the Grantee ensure its third party contractors and/Cr subcontractors consistently reported payments or confirmed receipt of payment in the CIS? Third -Party Contracting '. Did the Grantee provide evidence of a competitive procurement or obtain prior written approval of SANDAG to utilize a noncompetitive procurement for each third party contract over 10 , 0 0 0 rents/Invoicing Choose an item. Choose an item. Choose an item. Choose an item. I. Did the Grantee submit an invoice each quarter in the required format and on time? Were the invoices filled out correctly and free of errors? 10. Were all items included in Grantee invoices eligible under the Grant. j Agreement? 1. Were sufficient backup materials including required documentation consistently provided with each invoice packet? 2. If the Grantee invoiced for indirect costs, were they consistent with the Grantee's indirect cost allocation plan in effect at the time of invoice? 13. Did the Grantee's invoices include its matching fund contribution, along with supporting, descriptive and/or explanatory documentation for the matching ___k_____ funds provided? Reports Choose an item. Choose an item. Choose an item. Choose an item. Choose an item. Choose an item. 4. Did the Grantee submit quarterly reports in the required format and on time? Choose an item. 15, Were report forms filled out correctly and free of errors? 1, Did the reports sufficiently detail accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget, schedule, and Performance Measures? 7. Did the Grantee provide project milestone information such as presentations to community groups, other agencies, and elected officials, groundbreakings, and ribbon -cuttings to support media and communications efforts? 18. Did the Grantee provide with its reports photo documentation required by the Grant Agreement, including existing conditions photos and project milestone photos? 19. Did the Grantee provide SANDAG with agendas and meeting summaries for all community meetings? Choose an item. Choose an item. Choose an item. Choose an item. Choose an item. 23 Project Completion and Closeout Li- 11. Did the Grantee meet the Performance Measures included in the Grant Agreement? 22. Did the Grantee provide all deliverables identified in the Scope of Work? r23. Did the Grantee provide a final invoice of project expenses and final reports within 90 calendar days following Project completion or termination by SANDAG? 0. Did the Grantee complete the Project according to the Project Schedule included in the Grant Agreement? Choose an item. 24. Did the Grantee provide adequate match contributions? Choose an item. Choose an item. Choose an item. Choose an item. 25. Did the Grantee meet the project completion deadline required in Board Policy No. 035 or otherwise obtain approval for a time extension consistent with the Policy? IV. SUMMARY AND IDENTIFICATION OF DEFICIENCIES Choose an item. rDAG staff reviews any "o", responses to the Compliance Assessment questions, which indicates an area in which the Grantee is deficient in meeting its obligations under the Grant Agreement. Following identification of any deficiency and for projects that are not yet complete, SANDAG will issue Grantee a written Notice to Complete a Recovery Plan. The Grant Agreementcontains additional details on the Notice to Complete a Recovery Plan process. Question No. Explanation V. GRANTEE SIGNATURES By signing below. I confirm receipt of this completed Monitoring Checklist. Project Manager Name (Print) Signature Date 24