Loading...
HomeMy WebLinkAbout03.17.15 CC HA FINAL Agenda PacketAGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY - CALIFORNIA NATIONAL CflV '- rNCOAPOR9Tfi RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, MARCH 17, 2015 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior CC/CDC-HA Agenda 3/17/2015 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC-HA Agenda 3/17/2015 - Page 3 OPEN TO THE PUBLIC ***CITY COUNCIL*** CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS PRESENTATIONS 1. Employee of the Quarter 2015 - Dana Simms, Permit Technician 2. Presentation of the Patriot Award by Employer Support for Guard and Reserves (Engineering/Public Works) 3. Update on recent Transportation Grant Awards (Engineering/Public Works) INTERVIEWS / APPOINTMENTS 4. Interviews and Appointments: Planning Commission. (City Clerk) CONSENT CALENDAR 5. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 6. Approval of the Minutes of the Regular Meeting of the City Council of the City of National City and Community Development Commission - Housing Authority of the City of National City of March 3, 2015. (City Clerk) Resolution of the City Council of the City of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for Sweetwater River Trail Connections/30th Street Bicycle Facility Improvements in the amount of $1,000,000, and accepting the terms of the Grant Agreement, and CC/CDC-HA Agenda 3/17/2015 - Page 4 committing to providing a local match of $55,000 (Engineering/Public Works) 8. Resolution of the City Council of the City of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for National City Bicycle Parking Enhancements in the amount of $50,000, and accepting the terms of the Grant Agreement, and committing to providing a local match of $10,000 (Engineering/Public Works) 9. 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 Downtown - Westside Wayfinding and Community Gateways in the amount of $825,500, and accepting the terms of the Grant Agreement, and committing to providing a local match of $200,000 (Engineering/Public Works) 10. 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 Kimball Park Smart Growth Improvements in the amount of $2,000,000, and accepting the terms of the Grant Agreement, and committing to providing a local match of $300,000 (Engineering/Public Works) 11. 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 "N" Avenue Improvements in the amount of $500,000, and accepting the terms of the Grant Agreement, and committing to providing a local match of $50,000 (Engineering/Public Works) 12. 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 Downtown Specific Plan Update and Parking Management in the amount of $320,000, and accepting the terms of the Grant Agreement, and committing to providing a local match of $50,000 (Engineering/Public Works) 13. 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 Westside Mobility Improvement Project in the amount of $2,500,000, and accepting the terms of the Grant Agreement, and committing to providing a local match of $250,000 (Engineering/Public Works) CC/CDC-HA Agenda 3/17/2015 — Page 5 14. Resolution of the City Council of the City of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for National City Pedestrian Safety Enhancements at MidBlock Crosswalks in the amount of $625,000, and accepting the terms of the Grant Agreement, and committing to providing a local match of $25,000 (Engineering/Public Works) 15. Resolution of the City Council of the City of National City approving an Agreement for Legal Services between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency"), the City of National City ("City"), and the law firm of Mazzarella & Mazzarella, LLP, superseding the prior Agreement for Legal Services between the Successor Agency, City, and Mazzarella Lorenzana, LLP, contingent upon state Department of Finance approval, with no increase in the previously approved not to exceed amount of $250,000 for hourly fees. (City Attorney) 16. Resolution of the City Council of National City authorizing the Mayor to execute a 2nd Amendment to the agreement with Motorola Solutions, Inc. in the not -to -exceed amount of $29,043 to provide annual software maintenance and support services for the National City Police Department Premier MDC system. The agreement total not -to -exceed amount is $83,046. (MIS) 17. Warrant Register #32 for the period of 01/28/15 through 02/03/15 in the amount of $3,118,430.44 (Finance) 18. Warrant Register #33 for the period of 02/04/15 through 02/10/15 in the amount of $262,953.78 (Finance) 19. Investment transactions for the month ended January 31, 2015. (Finance) PUBLIC HEARINGS 20. Continued Public Hearing — Proposed Street Vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street (Applicant: Frank Motors) (Case File No. 2013-23 SC) (Planning) 21. Public Hearing No. 1 of 2 on the U.S. Department of Housing and Urban Development (HUD) Draft Five -Year Consolidated Plan for Program Years 2015 to 2019 and allocation of Fiscal Year (FY) 2015-2016 entitlement grant funds, program income, uncommitted funds, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for the FY 2016 Action Plan. (Housing, Grants, and Asset Management Department) CC/CDC-HA Agenda 3/17/2015 — Page 6 ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 22. Resolution of the City Council of the City of National City approving a Conditional Use Permit for a charter school in National City Plaza at the northwest corner of Euclid and Division Avenues. (Applicant: Diego Valley Public Charter, Inc.) (Case File 2014-21 CUP) (Planning) *Continued from City Council Meeting of March 3, 2015* 23. Resolution of the City Council of the City of National City denying a Conditional Use Permit for alcohol sales at American Multi -Cinema (AMC) located at Westfield Plaza Bonita. (Applicant: American Multi -Cinema, Inc.) (Case File 2014-19 CUP) (Planning) NEW BUSINESS 24. Request from National City Chamber of Commerce for waiver of National City Fire Department fees on Mariachi Festival & Competition event at Pepper Park on March 14, 2015. This is a Port of San Diego large event permit which requires National City Fire Department review and inspections. (Neighborhood Services) 25. Temporary Use Permit — Pastoral Visitation of the Executive Minister hosted by the Iglesia Ni Cristo (Church of Christ) at 2201 E. 8th Street on April 11, 2015 from 6 a.m. to 1 p.m. with no waiver of fees. (Neighborhood Services) 26. Temporary Use Permit — 8th Annual Community Easter Egg Hunt 2015 sponsored by Cornerstone Church of San Diego at Las Palmas Park on April 4, 2015 from 9 a.m. to 12 p.m. with no waiver of fees. (Neighborhood Services) 27. Temporary Use Permit — Safe Summer Slam sponsored by Operation Samahan at 2841 Highland Avenue on May 16, 2015 from 8 a.m. to 5 p.m. with no waiver of fees. (Neighborhood Services) 28. Temporary Use Permit — Community Service Day sponsored by the City of National City Community Services Division for locations at Casa De Salud, Kimball Park / A Avenue, Fire Station 31 and Butterfly Park on Saturday April 25, 2015 from 8 a.m. to 4 p.m. (Neighborhood Services) 29. Temporary Use Permit —St. Anthony of Padua Church presentation of the "Stations of the Cross" starting at 410 W. 18th Street on April 3, 2015 from 3 p.m. to 4 p.m. with no waivers of fees. (Neighborhood Services) CC/CDC-HA Agenda 3/17/2015 — Page 7 30. Staff Report on the Fair Political Practices Commission's proactive enforcement regarding gift reporting requirements (City Attorney) 31. Update on San Diego Unified Port District Integrated Planning Process (City Manager Office) ***COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY*** PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Adjourned Regular City Council/Community Development/Housing Authority of the City of National City Meeting — Strategic Planning Workshop, Tuesday - March 24, 2015 - 5:00 p.m. at the Council Chambers - National City, California. Regular City Council/Community Development Commission/Housing Authority of the City of National City to be held Tuesday, April 7, 2015 at 6:00 p.m. at the Council Chambers, National City, California. Upcoming City Council Workshops: Homelessness Workshop, April 21, 2015 @ 4:30 pm - City Council Chambers FY 16 Budget Workshop, April 28, 2015 @ 5:00 pm - City Council Chambers FY 16 Budget Workshop, May 26, 2015 @ 5:00 pm - City Council Chambers CC/CDC-HA Agenda 3/17/2015 — Page 8 The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2015 - Dana Simms, Permit Technician DATE: March 2, 2015 TO: FROM: Leslie Deese, C. Stacey Stevens SUBJECT: EMPLOYEE 0 CITY OF NATIONAL CITY MEMORANDUM anager ector of Administrative Services THE QUARTER PROGRAM The Employee Recognition Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized for the First Quarter of calendar year 2015 is: Dana Simms — Permit Technician By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, March 17, 2015 to be recognized for her achievement and service. Attachment cc: Dana Simms Frank Parra — Director of Emergency Services Luis Sainz — Building Official Josie Flores -Clark — Executive Assistant III Human Resources — Office File NA kliestuipciatperar Performance Recognition Award Nomination Form I nominate Dana Simms for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e. examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not exceed 150 total words. Please be as specific as possible when giving your examples. Dana joined the Building Division in 2013. As a Permit Technician her main duties are to provide excellent customer service in addition to answering questions and assisting customers in obtaining building permits. Dana has also taken on the task of informational video producer; assisted in updating several informational Building Department permit handouts; reviews third party contractor services invoices; and assists with department budget analysis. Dana is also enrolled at Southwestern College taking courses in preparation to obtain her certifications in construction inspection. She also volunteers a few weekends every quarter with Habitat for Humanity where she is part of an all -woman team trained in hands-on construction of single family dwellings. Dana was recently selected as the International Code Council's San Diego Chapter recipient of a $500 scholarship to be used in furthering her education in the construction industry. We are very proud of Dana and look forward to her future accomplishments. FORWARD COMPLETED NOMINATION TO: Nominated by: Signature: National City Performance Recognition Program an : = _ : - s Department Date: 0..2- 2S Zak CC/CDC-HA Agenda 3/17/2015 — Page 11 The following page(s) contain the backup material for Agenda Item: Presentation of the Patriot Award by Employer Support for Guard and Reserves (Engineering/Public Works) ITEM NO. 3/17/15 PRESENTATION OF THE PATRIOT AWARD EMPLOYER SUPPORT FOR GUARD AND RESERVES (ESGR) RECOGNIZES LESLIE DEESE (ENGINEERING/PUBLIC WORKS) CC/CDC-HA Agenda 3/17/2015 — Page 13 The following page(s) contain the backup material for Agenda Item: Update on recent Transportation Grant Awards (Engineering/Public Works) Eterri No. 3/17/15 UPDATE ON RECENT TRANSPORTATION GRANT AWARDS (ENGINEERING/PUBLIC WORKS) CC/CDC-HA Agenda 3/17/2015 — Page 15 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Planning Commission. (City Clerk) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 ITEM TITLE: Interviews and Appointments: Planning Commission. (City Clerk) AGENDA ITEM NO. PREPARED BY: Michael R. Delia DEPARTMENT: City _ Ierk PHONE 619-336-4226 APPROVED BY: EXPLANATION: PLANNING COMMISSION: Appointing Authority - City Council Two terms will expire on March 31 s' (Marcus Bush and Alethea Pruitt). Only Marcus Bush has requested re -appointment. Seven applicants have been interviewed and are eligible for appointment. Name Attendance Interviewed Marcus Bush 29 / 30 Yes Incumbent Janice Martinelli Yes Eithan McDonald Yes William Sendt Yes Currently on Civil Service Commission Ryan Whipple Yes Currently on Traffic Safety Committee Rochelle Wisdom Yes Ditas Yamane Yes FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: • Make appointments BOARD / COMMISSION RECOMMENDATION: Nils ATTACHMENTS: * Applications CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board W Planning Commission Public Art Committee* Traffic Safety Committee Port Commission Note: Applicants must be residents of the City of National City except for these marked by an ' Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. o Name: Home Address: i ; N i 1 \ Li- Vie (141 No.: LA 9 q )-- i Business Affiliation: \\i � � C� r�� �� C--- Title: ?'11.L c&-t VUCFL-1( Business Address: c- Tel. No.: Length of Residence in National City: 3 LA San Diego County: �J California: Educational Background: Tacx ofv 21 s C t 04//i G0M lfer Occupational Experience: Professional or Technical Organization Memberships: \ ( (-, Cl-oy\r} —Ictr)VA1 C(k—nc`iC-1C,Csz �C .Jq T C. Civicc oitmMIxperience, Membership, or Previous Public Service Appointments: r '. 11_2(iViS-Y 61. S CAA/J/4 LW QUA S Viet) \-.) 7# L IJG V61,414( re_A C941 f4 E pperience or Special Knowledge Pertai ing to Are fInte'rle�st: 4L+17 HaveU you eve een convicted of a felony crime Nq Yes: misdemeanor crime? No:_ Yes:_ if any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to pr vide an explanation or information regarding yes` answers to the above two OS) Okr(M,re que ions. �puL A'C[b� , _---- Date: R-4 l S[ • c11,45-nA a -DO s Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, Nationai; Cii t ;, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Sei ice Commission v Planning Commission 4:` Community & Police Relations Commission* (CPRC) ' Public Art Committee* Library Board of Trustees Traffic Safety Committee T _ Parks, Recreation & Senior Citizens Advisory Board Port Commission Note: Applicants must be residents of the City of National City except for those marked by an .. Applicants for the Community and Police Relations Commission must pass a c,;min& background check prior to appointment. Name: EITHAN MCDONALD Home Address: 140 NATIONAL CM*/ BLVD Business Affiliation: Title: Tel. No.: 519.62 .93 'b $ Business Address: Tel. No.: Length of Residence in National City: '� YR5 San Diego County: YRS California: 40 YRS Educational Background: BJS DEGREE, CORPORATE MANAGEMENT, PROJECT 'MANAGEMENT Occupational Experience: PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, BUJSINESS CONSULTING Professional or Technical Organization Memberships: MULTIPLE BUSINESS MEMBERSHIPS, NATIONAL CITY CHAMBER OF COMMERCE. Civic or Community Experience, Membership, or Previous Public Service Appointments: i've checked multiple areas of interest because I am interested in assisting where the need is most. Experience or Special Knowledge Pertaining to Area of Interest: !EXPERIENCE CONSULTING VARIOUS BUSINESSI�S, PERSONS, PROJECTS. Have you ever been convicted of a felony crime? Nerve Yes: misdemeanor crime? No: Yes: if any convictions were expunged disclosure is not required. Convictions are not necessarily — disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. N/A Date: January 20,2015 Signature: C 7,1c27,trfrAzieZ Please fee! free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your Interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. it is an organization for the improvement of police and community relations and the faciritation of disputes whenever possible. it provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel to alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon conditional appointment the Human Resources department will contact you to schedule the criminal background process when, and if appropriate. it is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result In disqualification. if a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No:. Yes: Have you been convicted of a misdemeanor: No: - Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. N/A There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. Disquaiiifying criteria tor Community and Police Relatlons Commissioner. `* See attached table CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission / Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees Traffic Safety Committee __ Parks, Recreation & Senior Citizens Advisory Board Port Commission Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: ,a . 5/.n0a i Home Address: l° c. iof 4✓>~. Airic roAf L el."Tel. No.: (&i4) 620g "Pof3 mauarcafc,Ji B ic, Business Affiliation: M4iy Vrv1 Ser eewmly *b CD0D) Title: 04 5pecrdlisf /54reOcCret_ra Business Address: 34/112-5 F6reiuJofT r4sj Sv�l� a%, 5eut Dolt, Tel. No.: toil) 53 2 -05/S Length of Residence in National City: 54 San Diego County: 51 California: 5f3 Educational Background: £1eerWfrer dr"f5 (1912); �v aie,3TerAlOolfeys ; 5D5U . /ValTs frt av, ve.t5 ` Occupational Experience: U5 A -rail (p' S-.7-9).) 05AR (9ga taw)> A/7,5t. 54-ni tt (98:3 - pre 9cc,c 1 (CMii,#r tok-¢roI - Giuct,'S froa fe44..41 %I0+4461e4ctz®CCI4er54-c4y Gi--Fttra. Professional or Technical Organization Memberships: Itieeeber" Svc (orery !dx►e,41,015i M at41,e r — -Cep-r T z til s Q& -(y f ✓.-aKcc W o r kYcc GJra op Civic or Community Experience, Membership, or Previous Public Service Appointments: cPge -roaA Dbu few6e.4 zoos-- 2oto CSt2 Zoio - i er-e6e4e ; ✓,4OD05 (10ownit. An4r off. lee'rp c.71x Experience or Special Knowledge Pertaining to Area of Interest: execrrint.e*.t> &7-44-teyt?14.:rVV,tiy 7 alf/%iB6f delielpfruxe,g; /Nve6-tiye,-t/ivtS ca -5 6 P'love4r'xe! Have you ever been convicted of a felony crime? No: !'yes: misdemeanor crime? No: ✓ Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: / : 4' l / Signature: Please feel free to provide additional information or fetters of endorsement. Please return completed form to: Office of the City Clerk -< 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National Citys • —4 • ca rn * Residency requirements may not apply c� e This documents is fled as a public document • 4evitng Ma0,2 r—Cri .: c) —1 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES.. Civil Service Commission X( Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Port Commission Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: tx)h;pp le Home Address: 249 Vg(va, 4veniie Ceitl « fotSo Tel. No.: (O(q-573-78'73 Business Affiliation: (.orporaf;on : +4,,,4 J E. ;„. „1 Title: Assiata E41/ineer Business Address: Sp g 5 I�Kr�� (a„fan Rd, Sutfi 33U Tel. No.: (a! - VC3 -,2A 33 Length of Residence in National City: a2 San Diego County: 0 (a California: Educational Background: 6. 6. C.,'vi ( Env;Aar;7 -prom it 6. 13erle�6 Occupational Experience: . '{eaed - E1;,,e«;,•g rn�rra - %„ ,� (.J,NJJ ifs ) 1,5 y o,:s • s5;5fkA+ Cl ,etc,' — Wad compotes; on Professional or Technical Organization Memberships: A 6(-E, (,4 1a;ca„ Civic or Community Experience, Membership, or Previous Public Service Appointments: Tr;-- 'c Sorrc, 6.9m0/rttee. Amber~ Experience or Special Knowledge Pertainingnto Area of Interest: 1 a / Navy. WvrA.e it+IC�T /0MT A cOlosn#v1y p/an5, ererl publ1Gi Grre.,v ai,on eme t s, .z.vi; ) e#t. Have you ever been convicted of a felonry crime? No: ZC Yes: misdemeanor crime? No:X Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: /(-a* 1 ,�) Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 RYAN ORIO WHIPPLE 26 Valva Avenue, National City, CA 91950 Phone: (619) 573-7872 I rwhippl rr,koacorp.com EDUCATION, CERTIFICATION AND COMMUNITY EXPERIENCE • National City Traffic Safety Committee — Currently Serving - (Spring 2014) • Former Sweetwater District Substitute Teacher --- Multiple Long Term Substitute Assignments at Sweetwater High School for former teachers O 26-year National City Resident and alumnus of Ira Harbison, Granger Jr. High, and Sweetwater High • B.S. in Civil Engineering, University of California, Berkeley, May 2010 - 3.03 Cumulative GPA FE (BIT) Certified — State of CA, Board for Professional Engineers & Land Surveyors — Jan. 2010 PROFESSIONAL EXPERIENCE Mr. Whipple is an assistant engineer in both traffic and civil engineering, with 3 years of experience in municipal traffic engineering and planning. Prior to joining the KOA staff, Mr. Whipple worked as a junior engineer with the City of San Diego, serving as liaison to the general public and evaluating, designing and providing engineered solutions to a host of traffic related concerns pertaining to operations. PROJECT EXPERIENCE City of Vista Bicycle Master Plan Update, (2015), Assistant Engineer. In 2013 the City of Vista began a process to update its Bicycle Master Plan. The plan would look to provide a long range vision as well as specific recommendations for achieving a well-connected and safe citywide bicycle network, offering true mobility choices to Vista residents. In 2014, as a sub -consultant to Chen -Ryan Associates, I attended community workshops and developed and designed conceptual bicycle facilities for the prioritized corridors that met the various needs of the City of Vista. The conceptual designs as part of the Bicycle Plan Update were approved by the City Council this past January. Reference: Seth Torma, Senior Planning Manager, Parsons Brinkerhoff, (619) 750-1936. Solana Pacific Elementary School, School Safety Evaluation and Update, (2013), Assistant Engineer. In summer of 2013, the principal of Solana Pacific School, Mrs. Elisa Fregoso, along with District Superintendent Nancy Lynch, contacted the City of San Diego to assist in engineering better traffic safety during pick-up and drop-off times at the school. After meeting with school officials and taking note of current traffic patterns during pick-up and drop-off hours, a new signing and striping plan was designed, providing more available curb for parents to pick-up and drop-off their children, as well as updating school warning signs approaching Solana Pacific from both directions. The plans were then field marked and submitted for installation. Reference: Biljana Dekic, Associate Engineer, City of San Diego, (619) 533-4842. Traffic Calming Evaluation, Design and Implementation, Lomica Drive, San Diego, CA, (2013), Assistant Engineer. In Summer of 2013, residents on Lomica Drive submitted a request to relieve speeding on Lomica Drive, a 40' wide, two-lane collector street in a senior community, featuring single family residential units with fronting access, lining the entirety of the roadway. Due to Lomica Drive being classified as a collector, and a primary emergency access route, a number of traffic calming measures were not suitable for design and installation. To reduce speeding, Mr. Whipple designed and field marked edge lines along the entirety of Lomica Drive, reducing lane widths for both directions of traffic while maintaining parking and satisfying the needs of the Fire Department and law enforcement. Reference: Gary Pence, Senior Engineer, City of San Diego, (619) 980-5943. North Park Way at Ray Street Crosswalk Evaluation and Design, (2013), Assistant Engineer. In summer of 2013, residents in the community of North Park, in the City of San Diego, contacted the engineering department requesting a crosswalk across North Park Way at Ray Street. Following San Diego City Council Policy 200-07 concerning the evaluation and installation of crosswalks, the Location was evaluated for an uncontrolled crosswalk. Taking into account pedestrian volumes, illumination, visibility, roadway characteristics and vehicular volumes, the intersection qualified for the installation of an uncontrolled crosswalk. Signing and striping plans were designed and submitted for installation. Reference: Monica Firsht, Associate Engineer, City of San Diego, (619) 533-3094. PUBLICATIONS AND ACHIEVEMENTS • Delta Alliance Young Professionals Award Winner — "Thriving Deltas: An Adaptive Approach" Presented the Sherman Island Delta Project at the United Nations Rio +20 Conference for Sustainable Development in the UNEP Pavilion in Rio de Janeiro — June 2012 • Published in The International Journal for the Constructed Environment, Vol. 2, Issue 3, 2012, "Sustaining Deltas: An Adaptive Water Management and Agricultural Diversification System," pp.155 • Presented the Sherman Island Delta Project at the "International Conference of the Constructed Environment" - Chicago, IL - Oct. 2011 • Published in the California Engineer, Vol. 88, Issue 03, Spring 2010, "Sustaining Sherman Island" AFFILIATIONS • American Society of Civil Engineers, San Diego Section, Member REFERENCES • Marcus Bush Planning Commission Chair City of National City 619.632.7884 mbush@mooneyplanning.com • Seth T orma Senior Planning Manager Parsons Brinkerhoff 619.750.1936 sethtorma@gmail.com • Frank Rivera Principal Civil Engineer City of Chula Vista 619.691.5045 FRivera@chulavistaca.gov CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission )( Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees _ Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal ° round chuck prior to appointment. ppointment. Name: 't raci, Ji Lt.iisd. Home Address: 101 (Wax Ipc,,y ot_ �.; '�ei /' °c'... Tel. No.: tRpfq) 673 5 Title: 5,-, (-(21?c if - itkocirtalle Business Address: gf ` R, Sr 1- e cx.n r , !A 11( Tel. Kirk Mt— Yo's Length of Residence in National City: aco5- San Diego County: ski Ptdsent Educational Background: A . Occupational Experience: Business Affiliation: No.: 6,57\tzei QII )(MI California: 514 ya404 Professional or Technical Organization Memberships: I-..& b r R P-ycdatas_ Civic or Community Experience, Membership, or Previous Public Service Appointments: d Att ( See c ¢ £ - tI b Let .114.tcre.rt clkg,e) Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No:,Yes: misdemeanor crime? No: Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: f/014 /,g Signatt re: ty,Cr+3Af4 Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 NATIONAL CITY VOLUNTEER APPLJCATION ATTACHMENT Application: Rochelle Wisdom Volunteer Experience: Current: Board President, Paradise Valley Federal Credit Union (2003 to Present) Previous: Board President, Mariposa Walk HOA San Diego Academy, School Board Member San Diego Academy, Building Committee Member Tierrasanta Seventh -day Adventist Church Board Tierrasanta Seventh -day Adventist Church Building Committee Tierrasanta Seventh -day Adventist Church Breakfast Team Paradise Valley Seventh -day Adventist Church Board Paradise Valley Seventh -day Adventist Finance Committee Paradise Valley Seventh -day Adventist Church Potluck Coordinator Pertinent Experience: Paradise Valley Hospital (May 1987-February 2007) Director, Design & Construction o Managed 35 acres o Met with National City Planning Department regarding zoning issue o Developed 35-acre campus master plan o Responsible for all design and construction for the acute care hospital, medical office buildings and all real estate holdings of Paradise Valley Hospital BSD Builders, Inc. [general contractor] (December 2006-Present) Sr. Project Manager o Manage various OSHPD construction projects and City projects throughout San Diego County and South Riverside County. o Experienced with design/build projects and working with various permitting departments. EctucaVo ''r ridaia�cifFrofessionai Schoois: - M.B.A Redlands University - E.S. Loma Linda University, La Sierra Campus LEED Green Associate California Real Estate License (expired) Name: CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COViiihISSIONS, AND C011fiiViITTEES Civil Service Commission X Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees .Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board X Port Commission Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission nlust pass a criminal background check prior to appointment. DITAS DELOSSANTOS YAMVIANE Home Address: 1808. E. 16th Street National City, CA 91950 Tel No.: 619 474-5300 Business Affiliation: National City Realty Services Title: CEO Business Address: 140 W. I6th Street National City, CA 91950 Tel. No.: 619-474-5300 Length of Residence in National City: 18 years San Diego County: 28 years California: 28 years Educational Background: SDSU San Diego, California - College of Business - Economic Development Chapman College San Diego, California - NonProfit Management ; University of Santo Tomas Philippines Occupational Experience: Real Estate Broker ; Notary Public ; Special Event Organizer ; Newspaper Editor ; Non -Profit Consultant; International Trade; & Community Volunteer. Professional or Technical Organization Memberships: PSAR Realtor ; NNA; CAR ; NAR; CAI Civic or Community Experience, Membership, or Previous Public Service Appointments: Sweetwater I,THSD Prop 0 Citizens Bond Oversight ; SWC - Prop R Citizens Bond Oversight ; NC Chambcr of Commerce ; filAm Chamber of Commerce , Lions Club ; Kiwanis Club ; plus more. Experience or Special Knowledge Pertaining to Area of Interest: Business ownership; Start up Business ; Marketing Operations ; & Finance Have you ever been convicted of a felony crime? No: X Yes:_ misdemeanor crime? No:X Yes:_ if any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. N/A Date: November 28, 2014 Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk '1243 National. City Blvd, national City, CA 91950 Thank you for your interest in serving the City of National City, Residency requirements may not apply This documents is filed as a pubiic document Revised: March 2012 CC/CDC-HA Agenda 3/17/2015 — Page 27 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meeting of the City Council of the City of National City and Community Development Commission - Housing Authority of the City of National City of March 3, 2015. (City Clerk) Item # 03/17/15 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF MARCH 3, 2015. (City Clerk) Book 97 / Page 26 03-03-2015 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY March 3, 2015 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:09 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Manganiello, Parra, Raulston, Roberts, Rodriguez, Silva, Stevenson, Vergara, Williams, Ybarra. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS Enrique Panigua, National City, spoke about problems he is experiencing in his neighborhood and on his street. Sabastian Solis, National City, invited everyone to attend the spaghetti dinner at El Toyon School on March 11th at 6:00 p.m. Proceeds go toward cost of 6th grade camp. Sunshine Horton, El Cajon, encouraged interested senior citizens to join the National City Senior Patrol to assist others in need and give back to the community. 4‘1,41 PRESENTATIONS CITY COUNCIL COUNCIL MEETING PRESENTATIONS 2015 (102-10-10) 1. Presentation of Check to National City Police Department by National City Rotary Club, National City Host Lions Club, and Sweetwater Kiwanis Club for Police K-9 Vests. COUNCIL MEETING PRESENTATIONS 2015 (102-10-10) 2. Vision Plan Presentation. (Cindy Gompper-Graves, South County Economic Development Council) ACTION: No presentation was made. The item will be on an upcoming Agenda. Book 97 / Page 27 03-03-2015 INTERVIEWS AND APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 3. Interviews and Appointments: Planning Commission. (City Clerk) William Sendt, Ryan Whipple, Ditas Yamane, Marcus Bush and Janice Martinelli appeared for interview. Planning Commission appointments will be made at the March 17, 2015 meeting. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 4 (NCMC), Item No. 5 (Minutes), Item Nos. 6 through 8 (Resolution Nos. 2015-20 through 2015-22), Item No. 9 (TUP), Item Nos. 10 and 11 (Warrant Registers). Motion by Sotelo- Solis, seconded by Cano, to approve the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2015 (506-2-30) 4. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. APPROVAL OF MINUTES 5. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF FEBRUARY 17, 2015. (City Clerk) ACTION: Approved. See above. CONTRACT (C2015-7) 6. Resolution No. 2015-20. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ASPEN RISK MANAGEMENT GROUP, FOR THE PERIOD APRIL 1, 2015 THROUGH OCTOBER 31, 2015 TO PROVIDE LIABILITY CLAIMS ADMINISTRATION AND RISK MANAGEMENT SERVICES TO THE CITY OF NATIONAL CITY AT AN AMENDMENT AMOUNT NOT TO EXCEED $56,420 AND A TOTAL NOT TO EXCEED COST OF $81,420. (Human Resources) ACTION: Adopted. See above. Book 97 / Page 28 03-03-2015 CONSENT CALENDAR (cont.) CONTRACT (C2009-1) 7. Resolution No. 2015-21. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HARRIS & ASSOCIATES, INC. TO PROVIDE CONSTRUCTION SUPPORT SERVICES, INCLUDING PREPARATION OF RECORD DRAWINGS, FOR THE 8TH STREET SMART GROWTH REVITALIZATION AND HIGHLAND AVENUE SAFETY ENHANCEMENT PROJECTS FOR A NOT -TO -EXCEED AMOUNT OF $50,000. (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2015-8) 8. Resolution No. 2015-22. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN FREEWAY MAINTENANCE AGREEMENT 11-8171 BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION IN THE DEVELOPMENT OF STATE HIGHWAY ROUTE 54 FOR THE MAINTENANCE OF PORTIONS OF NATIONAL CITY BOULEVARD, HIGHLAND AVENUE, EDGEMERE DRIVE, SWEETWATER ROAD, AND PLAZA BONITA CENTER WAY ALONG AREAS SHOWN ON THE PLAN MAP ATTACHED HERETO, MARKED EXHIBIT "A," WITHIN THE CITY OF NATIONAL CITY. (Engineering/Public Works) ACTION: Adopted. See above. TEMPORARY USE PERMITS 2015 (203-1-31) 9. Temporary Use Permit — National City Public Safety Fair hosted by the National City Police Department and Fire Department on April 18, 2015 from 9 a.m. to 1:30 p.m. at 3030 Plaza Bonita Road. This is a National City sponsored event per Council Policy No. 804. (Neighborhood Services) ACTION: Approved. See above. WARRANT REGISTER JULY 2014 — JUNE 2015 (202-1-29) 10. Warrant Register #30 for the period of 01/14/15 through 01/20/15 in the amount of $2,164,942.10. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2014 — JUNE 2015 (202-1-29) 11. Warrant Register #31 for the period of 01/21/15 through 01/27/15 in the amount of $2,561,308.46. (Finance) ACTION: Ratified. See above. Book 97 / Page 29 03-03-2015 PUBLIC HEARINGS CONDITIONAL USE PERMITS 2015 (403-30-1) 12. Public Hearing — Conditional Use Permit for alcohol sales at American Multi -Cinema (AMC) located at Westfield Plaza Bonita. (Applicant: American Multi -Cinema, Inc.) (Case File 2014-19 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and is in support of the requested changes. TESTIMONY: Brian Clapper, National City, spoke against the CUP. Eddie Perez, San Diego, spoke in opposition. Sunshine Horton, El Cajon, spoke in opposition. Frank Lewis, representing the applicant, spoke in support and responded to questions. Enrique Zapata, National City, spoke in opposition. Frances Camacho, National City, spoke in opposition. William Sendt, National City, spoke in opposition. Ethan McDonald, National City, spoke in opposition. Nathan McDonald spoke in opposition. Jacqueline Reynoso, National City Chamber of Commerce CEO, spoke in support on behalf of the Chamber Board of Directors. Emilio Gallegos, Chula Vista, spoke in opposition. Alexandro Rodriguez, Bonita, spoke in opposition. Marisol Natividad, National City, spoke in opposition. Patty Corona, National City, spoke in opposition. Gabriel Mateus, Chula Vista, spoke in opposition. EXPARTE DISCLOSURE: Members Mendivil, Morrison, Rios, and Sotelo-Solis disclosed that they had contact with the applicant prior to the meeting. ACTION: Motion by Cano, seconded by Sotelo-Solis, to close the Public Hearing. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Rios, to deny the Conditional Use Permit. Carried by the following vote, to -wit: Ayes: Mendivil, Rios, Sotelo-Solis. Nays: Cano, Morrison. Abstain: None. Absent: None. ORDINANCES FOR ADOPTION MUNICIPAL CODE 2015 (506-2-30) 13. Ordinance No. 2015-2401. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 18.42.020 (A) (2) RELATED TO PROJECTIONS INTO REQUIRED SETBACKS. (Applicant: Gary L. Line) (Case File 2014-13 A) (Planning) RECOMMENDATION: Adopt the Ordinance. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Ordinance. Carried by unanimous vote. Book 97 / Page 30 03-03-2015 NON CONSENT RESOLUTIONS CONDITIONAL USE PERMITS 2015 (403-30-1) 14. Resolution No. 2015-23. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL IN NATIONAL CITY PLAZA AT THE NORTHWEST CORNER OF EUCLID AND DIVISION AVENUES. (Applicant: Diego Valley Public Charter, Inc.) (Case File 2014-21 CUP) (Planning) RECOMMENDATION: Adopt the Resolution. TESTIMONY: Sandra Huezo, Interim Sweetwater Union High School District Superintendent, cited sections of the Education Code and requested that the item be continued. ACTION: Motion by Rios, seconded by Cano, to continue the item. Carried by unanimous vote. NEW BUSINESS CONDITIONAL USE PERMITS 2015 (403-30-1) 15. Notice of Decision — Planning Commission approval of a Conditional Use Permit for beer and wine sales at Denny's Restaurant located in Sweetwater Crossings Shopping Center. (Applicant: Denfran Systems, Inc.) (Case File 2014-24 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Cano, seconded by Morrison, to approve staff recommendation. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. FINANCIAL MANAGEMENT 2013-2014 (204-1-29) 16. City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2014. (Finance) (Copy on file in the Office of the City Clerk) RECOMMENDATION: Accept and file the City of National City Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2014. Staff report provided by Coley Delaney from the auditing firm of Pun & McGeady, LLP. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. Book 97 / Page 31 03-03-2015 NEW BUSINESS (cont.) AUDIT FINANCIAL REPORT FY 2013-2014 (208-1-28) 17. City of National City's Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2014. (Finance) (Copy on file in the Office of the City Clerk) RECOMMENDATION: Accept and file the City of National City's Single Audit Report on Federal Awards for the Fiscal Year ended June 30, 2014. Staff report provided by Coley Delaney from the auditing firm of Pun & McGeady, LLP. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. FINANCIAL MANAGEMENT 2014-2015 (204-1-30) 18. Transfer of $2,000,000 investment from Neighborhood National Bank Certificate of Deposit Account Registry Service ("CDARS") deposit to portfolio managed by Chandler Asset Management. (Finance) RECOMMENDATION: Accept and file the report. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. COMMUNITY SERVICES DEPT ADMIN (1104-1-7) 19. Update on Construction of the Waterfront Adventure Center (formerly known as the Aquatic Center) and seeking City Council direction to issue a Request For Proposals (RFP) for a "Maintenance and Operating Agreement" or "Sub -lease" with the most qualified operator. (Community Services) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Rios, seconded by Sotelo-Solis, to seek Request for Proposals. Carried by unanimous vote. COMMUNITY SERVICES DEPT ADMIN (1104-1-7) 20. Update on the partnership with the YMCA of San Diego County -South Bay (YSB) and request council direction regarding management and operation of the National City Municipal Pool and Camacho Gym Recreation Center located in Las Palmas Park. (Community Services) Staff Report on file in the Office of the City Clerk. RECOMMENDATION: Staff recommended the City assume programming for the Camacho Gym with a projected opening on June 1, 2015 and to not open the Municipal Pool for the 2015 summer/fall season in order to do a comprehensive study on deferred maintenance and capital needs. TESTIMONY: Tina Williams, YMCA representative, responded to questions. Book 97 / Page 32 03-03-2015 NEW BUSINESS (cont.) COMMUNITY SERVICES DEPT ADMIN (1104-1-7) 20. Update on the partnership with the YMCA of San Diego County -South Bay (YSB) (continued.) ACTION: Motion by Rios, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. COMMUNITY SERVICES DEPT ADMIN (1104-1-7) 21. Request authorization by the Mayor, on behalf of City Council, for a letter in support of the San Diego Community Garden Network's plans to partner with the City and create a network of urban agriculture in National City. (Community Services) RECOMMENDATION: Authorize the Mayor, on behalf of City Council to sign the letter in support of the San Diego Community Garden Network's plans to partner with the City and create a network of urban agriculture in National City. TESTIMONY: Walt Sanford, San Diego Community Garden Network, addressed the Council. ACTION: Motion by Cano, seconded by Mendivil, to approve staff recommendation. Carried by unanimous vote. BUDGET FY 2015-2016 (206-1-31) 22. Request for direction regarding City Council priorities for the City of National City's Fiscal Year 2016 budget. (Finance) RECOMMENDATION: None. TESTIMONY: Carolina Martinez, Environmental Health Coalition, urged code enforcement and amortization be priorities. ACTION: There was discussion. No vote was taken. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS STAFF REPORTS None. MAYOR AND CITY COUNCIL Member Sotelo-Solis thanked staff for their very professional reports, congratulated Member Rios for the success of the police dog fund raising event and urged everyone to consider participating in Read -Across -America. Book 97 / Page 33 03-03-2015 MAYOR AND CITY COUNCIL (cont.) Member Rios expressed appreciation for support received by the Rotary Club for the police dogs and announced that Sweetwater High will be hosting events to welcome Gayle Devers' visit to the school and urged everyone to show their support. Mayor Morrison gave an update on transportation funding issues before the San Diego Association of Governments (SANDAG) and reported that the snowpack in California is the second lowest in history. Mayor Morrison also mentioned that former City Council Member Jess Van Deventer was going to be inducted into the International Drag Raising Hall of Fame in Florida. CLOSED SESSION REPORT City Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See attached Exhibit `L') ADJOURNMENT Motion by Sotelo-Solis, seconded by Cano, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, March 17, 2015 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 11:11 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of March 17, 2015. Mayor Book 97 / Page 34 03-03-2015 Upcoming City Council Workshops: • Strategic Planning Workshop, March 24, 2015 @ 5:00 pm - City Council Chambers • Homelessness Workshop, April 21, 2015 @ 4:30 pm - City Council Chambers • FY 16 Budget Workshop, April 28, 2015 @ 5:00 pm - City Council Chambers • FY 16 Budget Workshop, May 26, 2015 @ 5:00 pm - City Council Chambers EXHIBIT `L' ROLL CALL CLOSED SESSION CALIFORNIA ^4 NATIONAL CITY. ( aI INCORPORATED AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting — Tuesday, March 3, 2015 — 5:00 p.m. CITY COUNCIL 1. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Isabel Padilla v. City of National City San Diego Superior Court Case No. 37-2013-00030288 2. Liability Claims — Government Code Section 54956.95 Workers' Compensation Claim Agency Claimed Against: City of National City Number of Claim: Three ADJOURNMENT Next Regular City Council and Successor Agency Meetings: Tuesday, March 3, 2015, 6:00 p.m., Council Chambers, Civic Center CC/CDC-HA Agenda 3/17/2015 — Page 39 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for Sweetwater River Trail Connections/30th Street Bicycle CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the filing of an application for Active Trarosportation Grant Program funds through the San Diego Association of Governments for Sweetwater River Trail Connections/30th Street Bicycle Facility Improvements in the amount of $1,000,000, and accepting the terms of the Grant Agreement, and committing to providing a local match of $55,000 PREPARED BY: Kuna Muthusamy PHONE: 336-4383 EXPLANATION: DEPARTMENT: ngineer'ng/Public Wcrks APPROVED BY: W The project will provide bicycle facilities on 30th Street between D Avenue and 2nd Street and enhance connections to the regional Sweetwater River Bikeway at 2nd Street and Hoover Avenue. 30th Street is a four -lane east -west arterial with a center two way left -turn lane. The project will provide nearly one mile of class II and class III bicycle facilities, including bicycle detector loops, bicycle boxes, and will decrease vehicular lane widths through restriping. The bicycle infrastructure will complete a system gap in National City's bicycle network. The project also provides a connection to the regional Sweetwater River Bikeway and will provide gateway enhancements at the two bikeway entries located at 2nd Street and Hoover Avenue. It shall be noted that the Grant Agreement contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in this grant -funded project is limited to accounting processes and financial audits. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: If grant funds are awarded, staff will return to Council to accept the grant and to appropriate funding. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: r STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Conceptual Exhibit. Sample Grant Agreement 3. Resolution COMCEPT1Jt.L �IBIT ,11atiortat City K irribeil F {4f} r . Park r ' i_'; +.,r4- f M.il'4fia1 :lt}' ,ir: ITi'. '••` $final *saris t4.i Legend Proposed Clasp It - Bike Path Proposed Class III - Bike: Route P uture Pedestrian Path ▪ = Future Class I Regional Bike Path (SANDAG) • Future Class II and III Bikeway FxtstMg Class I - Regional BlLce Path Fxishng Class II - Bike Lane ^�— Fxlsting Class III - Bike Route +40 Blue Line Trolley t oute 0 Regional Tiara Station Regional Bus Slaps (wain 1/4 mile of Pie) 411411, Improved Connection S Ri4er/30t Street Sat- way r 71as�wYd+4_ tipca f7) 7.16tiarvar,CC�_" rn, ct Vidnity Map lw March 2015 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 NAMEL:., REGARDING [INSERT FULL PROJECT kf1' THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agree - nade this [Day] day of [Month], 2015, by and between the San Diego Association orn 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAG,, thOhe [Gran [.pient and Address], hereinafter referred to as Grantee. This agreement expi c p i [Month] [Da Note to Grant Recipient: This Agreement Tem ee,covers provisions for the SGIP and ATGP. Prior to contract execution, the Gran einetlt loll be tailored p reflect the applicable grant program. Note to SANDAG Contracts Staff: P :� internal routel references to SLIP and ATGP should be updated as applicable. `, The following recitals are a substantive par of, this Aar er tt.- \ \ % Note to SANDAG Contr f Select Other SG!P'Recita' orATGP Recitals. Smart Growth Incen6ge Progrkfin(SGIP) Redte is (A — J). \ A. The SANDAG Boa iof.Direa#ocates fu `under the TransNet local sales tax program to support local trans�s 0 fa stru 're projects in the San Diego region through a co 'process. B. +' ransNet Ext1ion Ord/ o contains provisions to fund the Smart Growth Incentive x „,; e9rar~: (SGIP), wh handing : n on April 1, 2008. The SGIP encompasses projects that NA*. integrate tran ''tation arld land use and recognizes the comprehensive effort to int smart growt, pace making, access to transit, and environmental justice. C. In Janu‘'grfstATO, theDAG Board of Directors approved Board Policy No. 035 — Competitive Grant Prog 'Tres (Board Policy No. 035), which is rnciucied as Attachment B. This Grant Award,'7iiernent and the Grantee's performance thereunder are subject to Board Policy No. 5, which includes multiple "use it or lose it" provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number]. E. On December 19, 2014, SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the TransNet SGIP funds for use on capital improvement and planning projects meeting certain criteria. 12 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. G. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital G, below. Grantee's Project is funded with [insert dollar amount] in TransNet SGIP funds and the • TransNet MPO ID for the Project is [insert ID number]. /%' H. The purpose of this Agreement is to establish the terms anc . ongfJtions for SANDAG to provide Grantee with funding to implement the Project. / I. Although SANDAG will be providing financial assist. tce'o Grant 'support the Project, SANDAG will not take an active role or retain subfial control of t i eject. Therefore, this Agreement is characterized as a funding itilinent rather than a c. +;«captive agreement. ` J. Grantee understands that TransNet funds derive 'i�transactions anduse tax revenues which fluctuate. SANDA(c's funding.commitmentto Projects, including this Project, is subject to these fluctuations, whi m t act funding• 4ability for this Project. \\ A. The SANDAG Board of Directors allot fund ere 1nsNet local sales tax program and the Transporta t-.13+ Jopment A t i"supportt1 cal bicycle and pedestrian transportation prOjects'ih San Diego lr3,lop/through a competitive process. B. The TransNet E nce containsproyisions to fund the Bicycle, Pedestrian, and Neighborhood Sa whiatkanding began on July 1, 2008. The BPNSP encompasse.§_bicycle . p estriah oJects and recognizes the comprehensive effort to jitieigrate tgrowi4r i, ace making -attess to transit and environmental justice. C. </Artikle 3 of the TDilwovidesfiniiiing for Bicycle and Pedestrian Facilities and Programs. D. ether the TransNO.BPNSP and TDA Article 3 funding are commonly referred to as the SA G=Active Trans ortation Grant Program (ATGP). E. In Janua 9.Q, th ;t:.DAG Board of Directors approved Board Policy No. 035 —Competitive Grant Progr q,F :<. 'res (Board Policy No. 035), which is included as Attachment B. This Grant Award, ment and the Grantee's performance thereunder are subject to Board Policy No. 035, which includes multiple "use it or lose it" provisions. F. The SANDAG Board of Directors approved programming of approximately $3 million in both TransNet and TDA funds on December 19, 2014, by Resolution Number [insert Resolution Number]. Active Transportation Grant Program 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. 13 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 ID required to complete Recital 1, below. Grantee's Project is funded with [insert doiiar amount] in ATGP funds, which includes [insert doiiar amount] in TransNet BPNSP funds and [insert de lar amou n TDA funds, and the TransNet MPO ID for the Project is [insert ID number] and the Elaim Number is [insert claim number]. J. The purpose of this Agreement is to establish the tern ind'con s for SANDAG to provide Grantee with funding to implement the Prat. i K. Although SANDAG will be providing financial,nce to Grantee to smart the Project, SANDAG will not take an active role or retair140b tantial ca,ntrol of the Pr ,Therefore, this Agreement is characterized as a funding agl nt ! than a cooperative agreement. ff L. Grantee understands that Trans N@tfuntbzierive from r H'Gransactions and use tax revenues which fluctuate. SANDAG's funding' eintto ATGP ts, including this Project, is subject to these fluctuations, which t sly imp '" 'ng avaira0Ity for this Project. NOW, THEREFORE, it is agreed as follows: I. DEFINITIONS A. Application. e signed an,ti-dbted grant jcation, including any amendment thereto, with all explanatori, pprrtrng1 supple*entary documents filed with SANDAG by or on behalf of the Grantee scepte .puled by SANDAG. All of Grantee's application mat+ ies, 119t* canflict4etith,this Agree .t, are hereby incorporated into this Agreement /,at though full t.rth he :z., B. 4; royal, Authorii jon, Co rence, Waiver. A written statement (transmitted in t Jtten hard copy or electronically) of a SANDAG official authorized to permit the Grar take or ont•an action required by this Agreement, which action may not be taken or omit without s written permission. Except to the extent that SANDAG determines otherwise`1R.Wratirh approval, authorization, concurrence: or waiver permitting the performanceNt_tifartsion of a specific action does not constitute permission to perform or omit other simii :''actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is included in Attachment A. Note to Grant Recipient: Only the applicable grant program will be referenced here. 14 Note to SANDAG Contracts Staff: Choose the appropriate program here. D. [SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP.I OR [ATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds] E. Grantee. The local jurisdiction that is the recipient of [SGIP or ATGP] funding under this Agreement. F- Notice tn, Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work describe 'in the Scope of Work. Grantee shall not proceed with the work and shall not be eligijaigto'receive payment for work performed prior to SANDAG's issuance of a Notice to Pr7riceed. G. Subgrantee. Any contractor or consultant, at any tier rtit;i tlii'e r;or indirectly with funds flowing from this Agreement for the Project. F` � \ ll. PROJECT IMPLEMENTATION < r A. General. The Grantee agrees to carry out the ?meg as fo. \, \ 1. Project Description. Grantee agrees to per to work as described in the Scope of Work inciuded as Atiticilment A. 2. Effective Date. The effectiv bat s-- greement\soany amendment hereto is the date on which this Agreement`o \an anieStneht.is fulYeuted. The Grantee agrees to undertake Project work prornetly after A''eNotice to Proceed from SANDAG. 3. Grantee's the Grante\ett4to maintain or acquire sufficient legal, financial - octal, a'k nanageria t pacity to: (a) plan, manage, and complete the Project a provide for'.*e use of an P;r'oject property; (b) carry out the safety and security asp ▪ 'of t alp tt:,and (c) tprnply with the terms of the Agreement and all applicable Iaw`s r u1f t-ion aicie's "pertaining to the Project and the Grantee, T iJ l taut noillphed to the 7 1Vet Extension Ordinance and Board Policy Flo.O . ` `N • , Project Scher . Theme ee agrees to complete the Project according to the `\ 'project Schedu included iri Attachment A and in compliance with Board Policy NP.,.035, as ame did, and included as Attachment B. 5. Pr -lmpi stefion and Oversight. Grantee agrees to comply with the Proje *nation and Oversight Requirements, included as Attachment C, and Board Prif +NO. 035, as amended. G. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evacuating and ranking the Project based on SANDAG [SGIP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [SGIP or 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. Media 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. Tife:rantee agrees to assist SANDAG with media or community events related to tF,ta i mject, such as ground breaking and ribbon cutting. Press materials shall bev j;ed to SANDAG staff before they are distributed. SANDAG logo(s) should be i ' ess materials and other project collateral, but may never be included i,ri.,s"docu :without advance approval from SANDAG. As part of the quarterly reports submi t5 SANDAG,ethe Grante amps to provide project milestone information to suppor ja an• �� unications oats. SANDAG reserves the right to use the information p• _ ;tie Grantee for an`y combination of the following, including but not limited to: r 'media posts, online photo albums, videos, press releases, Pow testimonials. In submitting of the photos to SANDAG for 8. Project Signage and Designa project in ex , . 0:p,000 fun Extension ;..,..,erit1 be clear implemIon as be*4g;;provided Grantee agr .. f Eject Sige Specifications. SANDAG will provide sign „specifications. t#=n'agreellbw sign specifications and submit proof files to f SANQ r.appr• ':'before print ing, F �` ; - Baseline DColle For capital projects, Grantee is required to coordinate with .N SANDAG sta ff`pn the devment of a baseline data collection plan in accordance t,vith the Projeci,ktiolementation and Oversight Requirements. t_ resentations, 'updates, newsletters, and • r • .r* DAG, the •Glibtee agrees to release the rights • 'use. \ \. Applic ice. of Law,g Should a federal or state law pre-empt a local law, regulation, or the TransNeifrrance, the Grantee must comply with the federal or state law and implementiriWV4rtions. No provision of this Agreement requires the Grantee to observe or enforce compliave 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. of TrintrYstPuTWed Facilities. Each capital Ale or in part by revenues from the TransNet orlignated during its construction or venues from the TransNet Extension Ordinance. 16 C. Notice Regarding Prevailing Wages. SANDAG's [SGIP or ATGP] Grants are funded with Transtiet revenues consistent with the TransfVet 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. D. Significant Participation by a Subgrantee. Although the tee may delegate any or almost all Project responsibilities to one or more subgran9*,:the,Grantee agrees that it, rather than any subgrantee, is ultimately responsible f rt `[ e,with all applicable laws, regulations, and this Agreement. 7. ``,.. ``' E. Third Party Contracting. Grantee shall not a contracts over thr�thiousand dollars ($3,000) on the basis of a noncompetitive prnient for wp rk to be pe ed under this CG Agreement without the prior written approva " 4NDAG tracts awar by Grantee, if intended as local match credit, must meet the regtOnset forth in this Ag "eement regarding local match funds. rye. 1. If Grantee hires a consulry_out profes !,,services funded under this Agreement, Grantee shaII i J pal lependent t Estimate (ICE) prior to soliciting proposals; publiclyvertise co eLing�rrciposais for the work; use cost as an evaluation factor hfdectirfp _ nt; document a Record of Ne otiati g 1",stablishing:amount p'aid by Grantee for the consultant service$9:ars tsonable, :qss through the relevant obligations in this Agre i seit to the connultant. \ 1 2. If Grantee, j' ;ad to carry Vt construction services funded under this .Areement, tree shay a ICE (e.g., a construction cost estimate) prior to 5)4Cdrr bids,cly advertiser competing bids for the work; award the work to j the to respon -and responsible bidder; document a RON establishing that the " J amount d'ay Gra 'for the construction services is fair and reasonable; and pass throug.the releva obligations in this Agreement to the contractor. F. Grar a's, Responsit ai y to Extend Agreement Requirements to Other Entities 1. Enttle$A . Grantee agrees to take appropriate measures necessary to ensure that a., cie'participants comply with all applicable federal laws, regulations, and policies a ' ing Project implementation. In addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a 17 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. No SANDAG Obligations fro Third -Parties. In connection withAfit. Prcjcc , the Grantee agrees that SANDAG shall not be subject to any obligations o : ties to any subgrantee, lessee, third -party contractor, or other person or entity tha 4s•nt't a party to the Agreement for the Project. Notwithstanding that SANDAG may hay in or approved any solicitation, subagreement, lease, or third -party contratt at'any t` EQNDAG has no obligations or liabilities to any entity other than the Cantee, inclu any subgrantee, lessee, or third -party contractor at any tier. / H. Changes in Project Performance. The Gran',agrees to►'tfy SANDAG diately, in writing, of any change in local law, conditions (i udini�• .legal, financial, or chnical capacity), or any other event that may adversely ti%.Grantee's ability to perform the Project in accordance with the ter of the Agreement nd.as required by Board Policy No. 035. The Grantee also agrees .inStfir'SANDAG imm , in writing, of any current or prospective major dispute, breach, e1ault;4 iiigation thaadversely affect SANDAG's interests in the Project; and agrees totOform S DA iso fin witing, before naming SANDAG as a party to litigation for any:reason,,i any At a minimum, the Grantee agrees to send each< tke to SANDAG 'ujr, by this sub ection to SANDAG's Office of General Counsel/ , <, 1 \ I. Standard of C ,The Gramme expressly warrants that the work to be performed pursuant to this Agreement il'�b''d.in acc dance with the applicable standard of care. Where oval by S 7Ar; its Ex 'actor, or other representative of SANDAG is in ope PIAlkirk, it is understood to be conceptual approval only and does not ire the Gra of respil!ity for complying with all laws, codes, industry standards, ' 'ici liability for da s taus *negligent acts, errors, omissions, noncompliance with strywillful Grantee A. Grantee r&. r F e,,of > uct/Sfandards of Conduct. The Grantee agrees to maintain a written codes tict or standards of conduct that shall govern the actions of its officers, employees, coin or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with [SG!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 nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective 18 positions in .a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, council or board members, or their agents, or its third -party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by [SGIF ►>GPj Funding if a real or apparent conflict of interest would be involved. Such a, xtfir t would arise when an employee, officer, board member, or agent, indudi, 0,4finember- of his or her immediate family, partner, or organization that y • ::'intends to employ, any of the parties listed herein has a financial interest inVirm co rig for award. 2. Organizational Conflicts of Interest.04tantee agrees that code of conduct or standards of conduct shall include pro s for iden fying and p vittting real and apparent organizational conflicts of int ,.An orgtional confliOnterest exists when the nature of the work to be p eitcider a proposed tFlird-party contract or subagreement may, without some .*ions on future activities, result in an unfair competitive adva jt.tgthe third -pa zikltractor or subgrantee or impair its objectivity in performing work. B. SANDAG Code of Conduct. SANDbas esta teifpolicies'tiOncerning potential conflicts of interest. These policies apply to Gra Ys, . Fors SANDAG, any practices which might result in unl tiyity are pro��r.. :Bn�duding,.it not limited to, rebates, I* kickbacks, or of ` uttavv i tOnsideratio`r . ,'NDAG staff members are specifically prohibited fr : rticipatin ;16 the select ;process when those staff have a close personal relationship, fa,''�'p'Qf sr Patio --or past (wittstri,the last 12 months), present, or potential business or employ r ' p va#h a rivsbn or business entity seeking a contract with SANDAL Ito-unlawfu%^ r ny contfa ;t b made by SANDAG if any individual I3 4'rd c -staff ha prohibited fi`riancial interest in the contract. Staff are also ril�ited from`sgBdting g\f,arci4pting gratuities from any organization seeking funding from SANDAGfiffi,cers, a Qyees, agents, and Board members shall not solicit or ci 4t gifts, gratuitie ,`iavors, or" nything of monetary value from consultants, potential con ts, or parties. :ubagreements. By signing this Agreement, Grantee affirms that it has no`kc sedge of,in ethical violation by SANDAG staff or Grantee. If Grantee has any reason toiieve a,ict of interest exists with regard to the Agreement or the Project, it should notice' ,,1MMAG Office of General Counsel immediately. Bonus or Comission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approvai of its [SGIP or ATGP] Funding application for the Project. D. 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. 19 IV. AMOUNT OF FUNDING ASSISTANCE The Grantee agrees that SANDAG will provide [SGIP or ATGP] Funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $[:'• or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is percent L%). SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application for funding from SANDAG for the Project is the amount that forms the basis upon which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SAN AG Participation. / / V. MATCHING FUNDS Grantee has proposed to provide matching funds for the Pro' and A. Duty to Obtain Matching Funds. The Grantee .:craps to provide sent funds or approved in -kind resources, together with the,4 ` or ATGP] Funding ivied, that will assure payment of the actual cost of each Pr`activity co ed by this AViaieoent. The amount of matching funds and percentage(s) offfiatching fore agrees as follows: i,ds Grantee sha loovide are set forth in the Approved Project Budget. The Grantee 03 complete all proceedings necessary to provide its share of the •Project costs at or >Fre the time the matching funds are needed for Project costs. f B. Prompt Payment of Matching Ftimils. Thy bse, agrees provide the proportionate amount of the matching funds prom as it inc �tc iost or Project costs become due. Each of Grantee's invpiams.must lnclud .,pro -matt -fund contribution as reflected in the Approved Proj tB 4 et, along witli‘tilcipOtting, descriptive and/or explanatory documentatiorjOilhe mattbing funds p Ovt led. C. Reduction of Ii - 5(,..iing Fl-The Grant agrees that no refund or reduction of the amount of matchirig;'fi'at fatari to tie unle at the same time, a reduction of the proportional amount ojhe,.[SGIP of )ending provided is made to SANDAG in order to r-the.. a talum P tage(s) of S)NDAG Participation. VI. �AIROVED PRO/ 'lu®GEE`..' d; Except textent that SAINDG determines otherwise in writing, the Grantee agrees as follows: The Grante SANDAG hirvCagreed to a Project budget that is designated the "Approved Project Budge Gran mill incur obligations and make disbursements of Project funds only as authorized by e ii Project Budget. An amendment to the Approved Project Budget requires the issuancf;:f'ormai amendment to the Agreement, unless the re -allocation of funds among budget items o fisca! years that not increase the total amount of the [SGIP or ATGP] Funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. 20 VI1. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amountiwitified by the matching share previously provided, or 2. Take any action that would cause the proportion o .ATGP] Funding made available to the Project at any time to exceed th tho:-tythorized by the Agreement for the Project. B. Payment by SANDAG. Upon receiving a req PFbr payment and acle\Natupporting information, SANDAG will make payment, [o projects witb,TDA fundii144:0 thorize the County of San Diego to make payment] for eligi .:fnou1o'Grantee withikffiirty (30) days if Grantee has complied with the requiremenfs0.Agreement, including submission of a Quarterly Report which is inc�i o as Attachmenf`l t s satisfied SANDAL that the [SGIP or ATGP] Funding requested I L4,led_for Project) es in that requisition period, and is making adequate progress t,a,r:cpmpletio?t;istent with Board Policy No. 035. After the Grantee has demrated *siry compute with the preceding requirements, SANDAG may reimburskthe Gran stiff rat allowable costs incurred consistent with the 'ved Project B get 4NOAG sh ,retain ten percent (10%) from the amounts invg lotisfactory c retention amckititktb Grant following receipt of Grant final inydke and all re / t C. Eligible Costs. The rat afire `1 iif4rgj.Ect costs eligible for [SGIP or AMP] Funding mut&npfy.3 01.the fdil i.ng requirem ts, unless SANDAG determines otherwise in . g —d b ' igibl.e for ursement, Project costs must be: Consistent w?i the Projec! bpe of Work, the Approved Project Budget, and other \ . provisions of *Agreement. lion of work. SANDAG shall promptly release tees satisfactory completion of work and d documentation. 2. sary in or erto accomplish the Project. 3. Fleas"' 46ie?ficirtlie goods or services purchased. 4. Actual net'csts to the Grantee (Le., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). g. Incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG. 21 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for [TransNet of;Tans/Vet and T DA] Funding as part of the [SGiP or A T GP]. 9. Indirect Costs are only allowable with prior SANDAG approyal. Grantee must submit thn following documentation as part of the grant applicatio `erials: (1) an indirect cost allocation audit approved by a qualified independent sod or or (2) the applicant's proposed method for allocating indirect costs in a5e6tildco with OMB guidelines. Indirect cost allocation plans must be reviewed atld one annually. e !4, ♦/ \ 10. Project generated revenue realized by the'fdee shall be utifd;.in support of the Project. Project generated revenue and eiiOntlitures, if any, shaII1 reported at the end of the Agreement period. `\'' .. D. Excluded Costs 1. In determining the amount "(Sip_ or ATGP] Fundrig,SANDAG will provide for the Project, SANDAG will exclu a. Any Project cost incurre the Grime before eit er the date SANDAG issues a Notice to Proceed to Gran ,or the ei#ti . ete of the Agreement or any Am en da(rrt"ereto; b. A4,4 . t that isrot included i1 :the latest Approved Project Budget; c. Any subagre t 'bEe, but'h ;iiroperty or ices received in connection with a lie`,4tilikijr ntract, or other arrangement that is required rot been, cdridtered in or approved in writing by SANDAG; and Anynel igi f+7r SANDAG participation as provided by applicable laws, regul,;or pot; 2. \\ certain costs at the bene ins s are) a. es associated with bicycle and pedestrian projects are not eligible ,rovided is not the exclusive use of bicyclists or pedestrians. These below. and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike iane and are not an eiigibie expense. b. Driveway ramps installed across sidewalks 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 E. VIII. c. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. d. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. The Grantee understands and agrees that payment to the Granfieefor any Project cost does not constitute SANDAG's final decision about whether that4os-tli allowable and eligible for payment under the Project and does not constitute a w of the terms of the Agreement for the Project or Boa acknowledges that SANDAG will not make a final eligibility of any cost until the final payment h,as;be ti made on the Pr an audit of the Project requested by SANDA$tAs Independent Taxpaye` Committee (ITOC) has been completed, which occurs I ; If SANDAG the Grantee is not entitled to receive any portion'or ATGP] Fundin paid, SANDAG will notify the Grantee in writing, sta _ its- reasons. The Grantee agrees that Project closeout will not alter the ' �at'�r�?tse.'s responsibilityt.return any funds due to SANDAG as a result of later refunds, corre �mance defic es, or other similar actions; nor will Project closeout alter SANDAG' tight td Ilcost i over funds provided for the Project on the basis of a later audit o other rev * U.ion .notification to the Grantee that specific amounts are 9w d,to SANDAL \Wheth r exc payments of [SGIP or ATGP] Funding, disallowed-40st, ait>funds reco50sd m third parties or elsewhere, the Grantee agrees to prom pfiSrremiThi,NDAG the'rriotints owed, including applicable interest, penalties and rntnistrative chiarges. `\ ,. . ACCOUNTING RECOVIS' -_ anyviolation by the Grantee .#icy N' 5;The Grantee nnination ab`r the allowability and or the results of :Oversight nines that requested or In compli ewj fp icablehwis ,regulations; and policies, the Grantee agrees as follows: A. Project Accounts„,} Grand agrees to establish and maintain for the Project either a "agate set of accouts or sepa@te accounts within the framework of an established a Meting system th can be identified with the Project. The Grantee also agrees to m� irlocumentatbn of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounti419.4pcumepis related in whole or in part to the Project so that they may be clearly identified,JJ ,ressible, and available to SANDAG upon request and, to the extent feasible, kepiltiparate from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underiying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 IX. REPORTING, RECORD RETENTION, AND ACCESS A. B. C. D. Access to Records of Grantees and Subgr require its subgrantees to permit, SANDAG o inspect all Project work, materials, payrolls, an and accounts of the Grantee and its subgrantees p 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. 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 eiectronic andior typewritten hard copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. Record Retention. During the course of the Project and forthree years thereafter from the date of transmission of the final expenditure report, the 0 agrees to maintain, intact and readily accessible, all data, documents, reports, reckcon and supporting materials relating to the Project, as SANDAG may r'tird: `. . The Grantee agre tad permit, and authorizesltppresentativuOn request, to dat '' d to audit the bqoks, records, rtjto the Project. Project Closeout. The Grantee eeithat Project clos t does not alter the reporting and record retention requirements of t fR . .t. q_ F. Quarterly Reports. Grantee shall su it writte i rly repirts to SANDAG detailing the progress of its work, eKpnditures inc ., 'd, a ` rrriatr'regarding whether the Project is projected to be cogaieted within the li'itie Approved Project Budget, Project Schedul(airid •cons t with Boa Policy No. 035 and any policy amendments thereto. Gran 4all docu : t the progr and results of work performed under this Agreement to th `•tsfacti n o1SANDAG. 0: includes progress and final reports, plans, specifications, estim ,' st eir4derice ifr,attainment of the Agreement objectives, whiclae*sted b NDAG or I Santee may be required to attend meetings of S DAG'sta4' �rcommi ;.including but not limited to ITOC, the Regional Planning `:mittee, the Tra,,ortati,,mmittee, and the SANDAG Board of Directors, to report on &;irogress and res id. to quo;hs. G. Co�rinot pities Servell beta and Report. !f requested, Grantee shall provide SANDAG with data re ard,ing how the Project's benefits and burdens were equitably distributed among socio and nomi5.popuIations in the area affected by the Project, and associated smart growth date . X. Project Completion, Audit, Settlement, and Closeout A. Protect Completion. Within ninety (90) calendar clays following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. Ail payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. 24 B. Project Audit. Note to Grant Recipient: Only the applicable sections will be included. Note to SANDAG Contracts Staff; Please choose the appropriate: For TransNet-funded projects: The Grantee agrees to have financial and compliance audits perffr�rned as SANDAG may require consistent with the TransNet Extension Ordinance. The(Gietitee agrees that Project closeout will not alter the Grantee's audit responsibilities. t hosts are allowable Project costs. 1 For TDA-funded projects: The Grantee agrees to have financial and co m kence audits performed SANDAG may S require consistent with Public Utilities Code f 99245, 6t TDA funds; � ,onsistent with �� the TransNer Extension Ordinance for TransNet T Gietitee agrees tha`tProject closeout will not alter the Grantee's audit responsi Audit costs are allowable Project costs. C. Performance Audit. The Grantee' tir Oeperate with SANDAG or ITOC with regard to any performance audit that is performed on thet.Mect pursdatitto the TransNet Ordinance. D. Project Closeout. Pr j closeout occ` 4s.wh NDAG fies the Grantee that SANDAG has closed the Pro j end, it.applicablkestlier forwards the final [SGIP or ATGP] Funding payment and or dcffiowlege that the ntee has remitted the proper refund. The Grantee agrees that Pr closeout SANDAG d not invalidate any continuing requirements imposed by the A>nnent'br unmet re tlitements set forth in a written notification from SANDAG. E. Pj ectse. ran'tee was rded this Agreement based on representations in its grant <pi$"cation regaTditrp\the P 's intended use. If the Project is a capital project, Grantee \hereby commits to'climfinued u tt$ the Project for the purposes stated in its application for a perttodof at least five\ wars after completion of construction. SANDAG may require Grantee to rem SLOP fundin provided for the Project in the event Grantee fails to utilize the Projects' its intendpurposes as stated in the grant application or for any disallowed costs. XI. TIMELY PR AID RIGHT OF SANDAG TO TERMINATE A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. 25 B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shaii 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. Upon written notice, the Grantee agrees that SANDAG may sus d:or terminate all or any part of the [SGIP or ATGP] Funding to be provided for the ProiWlif the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if, DAG determines that the purpose of the laws or policies authorizing the ProjectpOij gt.be adequately served by the continuation of [SGIP or ATGP] Funding for the Project \,.- D. In general, termination of [SGIP or ATGP] Fundi:for the Project willl n invalidate obligations properly incurred by the Grantee efo a the ter ination dat #be extent those obligations cannot be canceled. If, however, S`,"G det s that the tee has willfully misused [SGIP or ATGP] Funding by failin to ;adequate progress,' or failing to comply with the terms of the Agreement, SANDAG rr"s the right to require the Grantee to refund to SANDAG the entire or any lesser amount as SANDAG e. E. tat. pf [SGIP or A1.fgnding provided for the Project Expiration of any Project time perio tablishe th P,rojec edule will not, by itself, automatically constitute an expiration t:termi ri' 4fk iei"Agreement for the Project, however, Grantee teg}uest and SA ay - agree to amend the Agreement in writing if the Project Sc uie'wi1 :,be met. A _aailehdment to the Project Schedule may be made at SANDAG's d retion if Grsootee's reque a consistent with the provisions of Board Policy No.035. � -: XII. CIVIL MENU 5 The Gr agrees1g ctrOply al.1 applicable civil rights laws, regulations and policies and shall incl a he provisions of i1 ,,Sectic0 'I in each subagreement, lease, third party contract or other legaiiy.binding document performit funded by this Agreement. Applicable civil rights laws, regulatr .and policies inch but are not limited to, the following: A. Nonsle kninaitiern,PS1NDAG implements its programs without regard to income level, disability, c,q::co ,-tid national origin in compliance with the Americans with Disabilities Act and Title``VI is Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the pui i 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, et seq.). The applicable regulations of the Fair Employment and Housing/Commission implementing California Government Code Section 12990 (a-f), set forth in Ch,Pt 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into is,Agreement by this reference and are made a part hereof as if set forth in full. Gran ate >.its subcontractors shall give written notice of their obligations under this clause V 1i ao(ridjzations with which they have a collective bargaining or other agreement. XIII. OWNERSHIP OF WORK PRODUCT �/ \ SANDAG shall own any deliverables created in who or.in pa )SANDAG's bait pursuant to the Scope of Work for the Project. The term "delivesitle [t iudes, but is not -limited to, all original drawings, reports, photos, and other documents,ArKkiding detailed calculations and other work product developed for the Project, 'Eces performe` ie Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement sh `;xbe int 'itt accordance with the laws of the State of California. B. Dispute Resoh.ifori Proc > In the ev t ¢rantee has a dispute with SANDAG during the performance \ems, Agreet, Grantee 11 continue to perform unless SANDAG informs Grantee in writing .cea itieffitinpance. a dispute resolution process for disputes arising under this Agreemer 31 e a Via...N. 1s Gra sfial! sub 'a statement of the grounds for the dispute, including all pertinent'*s, na of persons involved, and supporting documentation, to SANDAG's P. Mane qr.:,/The Project Manager and other appropriate SANDAL staff will review th tumenta' ion in a timely manner and reply to Grantee within twenty (Q) calendar OA. Upon receipt of an adverse decision by SANDAG, Grantee may bit a requ f for reconsideration to SANDAG's Executive Director. The request for re derati must be received within ten (10) calendar days from the postmark date of S ?t `a,°. /reply. The Executive Director will respond to the request for reconsid iWon within ten (10) working days. The decision of the Executive Director will be in writing. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAL 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. ASSIGii`vENT Grantee shall not assign, sublet, or transfer (whether by assignment or.€{ vation) this Agreement or any rights under or interest in this Agreement. XVI. INSURANCE Grantee shall procure and maintain during the period of4aerfbrmance`Qf-this Agreement, and for twelve (12) months following completion, polici7 /o linsurance frog. U)surance companies authorized to do business in the State of California orfhe equivalent typesrd amounts of self- insurance, as follows: A. General Liability. Combined single limit of $ per occurrence and $2,000,000 general aggregate for personal andbodily injury, incki.4011ng death, and broad form property damage. The policy must induct 'acceptable " of Transfer Rights of Recovery Against Others Endorsement." The, lit � =game SANI as an additional insured in the endorsement. A deductible or reten'k n may-b0,1tilized, subje4.W approval by SANDAG. Automobile Liability.,f:_or personal bodij/Injury,-ttattuding death, and property damage in an amount not 153 than ilia 000,000. C. Workers' Coflipensation` Fad Employe Si:Liability. Policy must comply with the laws of the State of Ca �ikornla Th`cy must in tide an acceptable "Waiver of Right to Recover From Others Endoi§eimerai°"i g ,ANDAG 'an additional insured. D. Oth ' Requlire 'xtents. Trial copie .et it ha';e foregoing insurance. The insurance shall be provided by an acceptable insurance provider* . determined by SANDAL, which satisfies the following 1otmum requiremet 1. \ i insurance tamer qualified to do business in California and maintaining an agent for SetSely0 of pro s within the state. Such insurance carrier shall maintain a current A.M. est;rati ;tlassification of "A-" or better, and a financial size of "$10 million to $24 milli (Oats V) or better," or 2. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. E. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Insurance policies shall not be canceled without first giving thirty Mee shall fUrnish satisfactory proof by one or more certificates 28 (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shaii 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, asse d-or established liability for damages or injuries to anyperson orproperty, includin to the Grantee's or its g j 9- ft'Y subgrantees' employees, agents, or officers, which arise frrrrror are connected with or are caused or claimed to be caused by the negligent, reeky Q flful acts or omissions of the Grantee and its subgrantees and their agents, officers,cor*mplo in performing the work or services herein, and all expenses of investigate gig -And defendi against same, including attorney fees and costs; provided, however, th the Grantee's duty Indemnify and hold harmless shall not include any claims or liab y arising frortm,the establit.,sole negligence or willful misconduct of SANDAG, its Board of )*tors, agt officers, or eloyees. B. Intellectual Property. Upon request by SANDAG;\the,;G'rantee agrees to indemnify, save, and "void harmless SANDAL and i fard of Directors; ers, agents, and employees acting within the scope of their officia ft,t ..o ainst any liaNitvincluding costs and expenses, resulting from any willful or int on 't ,n by the ntee of proprietary rights, copyrights, or right of privacy, ats out off., blicatj'i; translation, reproduction, delivery, use, or disposition of any dat'i furnish jri .Troject. The Grantee shall not be required to indemnify'$A NPAG for any..stich bility caus d solely by the wrongful acts of SANDAG employe 0t-ag # '-, XVIII.INDEPENDENTRACTai i-_. �. ^� !\ A. Status of Grantee. `an*e'sha1 t ,th'eservices provided for within this Agreement as an) ip.9rit 'i:-contra tt' and not as' 'employee of SANDAG. Grantee shall be under the Orittd f SA14t s to tle.sult to be accomplished and not the means, and shall consult s'. SANDAG as piped fo'ro.e Scope of Work. The payments made to Grantee pursuant ik his Agreement sh$j;be the'fitrand complete compensation to which Grantee is entitled. 5 ; AG shall not ma''lie.any federal or state tax withholdings on behalf of Grantee. SANDAG shal‘441,be required/....to. pay any workers' compensation insurance on behalf of Grantee. Granteetees to SteMnify SANDAG for any tax, retirement contribution, social security, overtime entV'or,:workers' compensation payment which SANDAG may be required to make on bell'al.ofi0fantee or any employee of Grantee for work done under this Agreement. S. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 29 XIX. SEVERABILITY AND INTEGRATION If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. XX. EPROciEC:E MANAGER The Grantee has assigned [INSERT PROJECT MANAGER NAMEktis : he Project Manager for the Project. Project Manager continuity and experience is deemed , -‘se, t l:in Grantee's ability to carry out the Project in accordance with the terms of this Agr t. ,tee shall not change the Project Manager without first providing written notice to/fAN, AG. • XXI. NOTICE Anynotice or instrument required to be q given or dfiefil�ed It* Agreement may be given or delivered by depositing the same in any United States e , 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 NAl1l [LOCAL AGENCY ADIES] Attn: [LOCAL AGENCY `I JECT Mi ►GER] Notice shall be effective up receipt thereof.` Note „ # DAG cts 3it0,z, After receiving this original agreement back from the Gr t "and before r g €'ire. ,final agreement for final SANDAG 'Wet" signatures, con With SANDAG\1Nnance ah(S Planning staff that the applicable RTIP has been approv : 1 30 APPROVED AS TO FORM: Office of General Counsel XXII. SIGNATURES The individuals executing this Agreement represent and warrant that they have and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of above. SAN DIEGO ASSOCIATION OF GOVERNMENTS [INSERT JURISDICIIONJ ti GARY L. GALLEGOS OR DESIGNEE'S Executive Director `. Mlle] e] Alit 'AS TO FORM: 31 the legal capacity the date written 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 BU6J) \` Tra4 et MPO ID NO. 32 ATTACHMENT B COMPETITRiE GRANT N PROGRAil PROCEDURES Applicability and Purpose of Policy BOARD POLICY NO. 035 f' This Policy applies to all grant programs administered through SI$OAG, whether from TransNet or another source, including but not limited to the Smart Grow 1 ive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior `;rit:•j?rogram, Federal Transit Administration grant programs, and Active Transportationr�t Program►; Nothing in this Policy is intended to supersede fedealti Pf state grant rules, reations, statutes, or contract documents that conflict with the requihyle is in thi,sfl:kolicy. There Ynever enough governmentgrant funds topayfor all of the ro ectt h fharidin in the S Die o region. P J'� g� �.�9 9 For this reason, SANDAG awards grant funds on a comp yasis that takes the grantees' ability to perform their proposed project on e. t',,, eJy basis into CC •rtit,...SANDAG intends to hold grantees accountable to the project schedules + ►..Ii ve proposed *der to ensure fairness in the competitive process and encourage grans tb-c*tiftejr projectqiplemented quickly so that the public can benefit from the project deliveries as soxgkkis-pnossible. . / Procedures 1. Project Milesto -;ond Con tion Dea 1.1. When ' rang aFiq n#,,. agreem :for a competitive program funded and/or administered by p ,:_gra riitipi.e.nts st agree to the project delivery objectives and schedofesiw.the agr t. In a `d , , grantee's proposal must contain a schedule that ; in folio tkg,'t eadlines allure to meet the deadlines below may result in /:rey+ocation of grant fu?i$$:4ot already expended. The final invoice for capital, planning, ` or operations gra _ iiust b *witted prior to the applicable deadline. 1.1.1. Functieti for Capital Projects. If the grant will fund a capital project, the project musk' be completed according to the schedule provided in the grant ``+eement`b:ut at the latest, any necessary construction contract must be awarded wi i :,ta1 -years following execution of the grant agreement, and construction must ctSmpieted within eighteen months following award of the construction contra,.. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. if no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be 33 complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the iatest, any necessary services contract for operations must be awarded within one year following execution of the grant agreer j• and the operations must commence within six months following award o woperations contract. If no services contract for operations is necessary: ther'tions project must commence within one year of execution of the grant agr *rib, 1.1.4 Funding for Equipment or Vehicirants. If the'%rt'l;.will fund equipment or vehicles, the project must be comp';eccording to theule provided in the grant agreement, but at the latest,9ny;tiecessary purchase cons,.for equipment or vehicles must be awarded withiiti; e year towing execu • :of the grant agreement, and use of the equipment ` `u .i r the benefit ofhe public must commence within six months following aw c Ithe purchase contract. 2. Project Milestone and Completi Pedine,Extensions• `... , 2.1. Schedules within a grant g _ rnents�' �,ude prof scopes and schedules that will identify interim milestones in e.fdition t` e gibed in Section 1 of this Policy. Grant recipients Faye extensi prv.th projecschedules of up to six months for good cause. Extras flip to six moth aggregate that would not cause the project to miss a compIet r dead e;; in Sectior\ 1: , may be approved by the SANDAG Executive Director. Exteri ns, beyonii._pix months a egate or that would cause the project to miss a completion deadl . e in,iitn.." jfiztust,be proved by the Policy Advisory Committee that has been..deIegate li.e,necessa`iy` t i'rity by the Board. For an extension to be granted urger t13j ecfi n 2, tfregpilowing conditions must be met: 2.1.1. i tensio #*q,uests of up to six months, the grantee must request the extension iiviioting tome SANDAG Program Manager at least two weeks prior to •.� the earliest risject schedule milestone deadline for which an extension is being \ •requested. Te.;}xecutive Director or designee will determine whether the extension hogld be getinted. The Executive Director's action will be reported out to the Board in' U wi a .month'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 SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projectsAat were already granted extensions by the Executive Director and are again faIJa' ,behind schedule), will be considered by the Policy Advisory Committee upon r, u t to the SANDAG Program Manager. 3.2 A grantee seeking an extension must current previtigsf,efforts undertaken to maintain the project schedule, explain the re'for the delay, ' ' .jain why the delay is unavoidable, and demonstrate an ability to,ced in the extended ti frame the grantee proposes. The grantee must provide the ne y infor on to SAND staff to place in a report to the Policy Advisory Committee ffici me is available,%and the grant utilized TransNet funds, the request will first `:•in to the Independent Taxpayer •Advisory Committee (ITGC) J ii a,., recommends ix. The grantee should make a representative available at the• m etlti+ ito present C • information to, and/or answer :. questions from, the ITOC and PolilttAdviseirtiqmmittee. 3.3 The Policy Advisory Commit will ororq:gragitaitvstension under this Section 3 for extenuating circurngafts.that the g 'teeAoulifnot Elbe• reasonably foreseen. 4. Resolution ar>It cution'qf the Grant A re ment 4.1 Two w prior liht-review b ttie Policy Advisory Committee of the proposed grants, prospectiv t .ttya'vsoiution from their authorized governing body th.atittclUdesAhe proPh5, in this Sbbs&ctibn 4.1. Failure to provide a resolution that meets thit ,section 4.1 will result in rejection of the application and the apjlication wil a i roppe Drn consideration with funding going to the next project as ,,cred by the evA4iiipn corn*tee. In order to assist grantees in meeting this resolution • dine, when SA I G issues the call for projects it will allow at least 90 days for grant ion submissk n, GratMee governing body commits to providing the amount of matching fug "4aattfo t 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 SANDAL. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 35 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 Amended: November 2014 36 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Baseline Data Collection: Prior to the construction of gr ti,:coded improvements, the Grantee is responsible for developing a baseline data collectigpian with SANDAG to gather information on pedestrian and bicyclist activity. At a mini. .,cl to should be collected for observed bicycle and pedestrian volumes, behavior, and atti 'in t project area. Once the data collection plan is approved by SANDAG staff, the GrantECis r"esponsib , .tarrying out the plan and returning collected data to SANDAG as a delive ltv: Standardized 'NOT*, required for data collection will be provided by SANDAG. ,.` Grantees are encouraged to use the National Et' e' and/l estrian Docume Cation Project methodology and plan for the following: • Conduct counts prior to projec Sq ' ction, during onai Documentation Days in the second week of September. Su t ry_counts andieys can be conducted during January, May, and July to provide onal.iesired..'. \` Conduct counts for two hours, at p time ttiktive-tOffie facility. For example, facilities attracting utilita tri 'fhould be rig a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., wJa "facTh je attractin \rec e-ational trips should be counted on a Saturday, from 9 to 11ai ,;. In the case that the abi,r a '.deem+ ' infeasible due to the project schedule, the Grantee aridk:SAND,AG wi L,tolaborate` art : alternative data collection methodology and • proced -• A su;of Grantees maybe \select for in-depth evaluation by SANDAG, in which case, SANDAG will c u t the data collation effort With required participation from Grantee staff. Such in-depth evaluati conducted by'1NDAG will take place solely for the purpose of SANDAG Active Iran option data?.cojlection and monitoring efforts, and will not impact Grantees' budgets. �, Grantees should plart.t ;bddget five thousand dollars ($5,000) for data collection. For questions or assistance with data,/ collection, contact Christine Eary at Christine,Eary@sandag.org, or (619) 699-6928. 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 SANDAG 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 quarten'y reports and invoices to SANDAL, detailing accomplishments in the quarter, anticipated prress next quarter, pending issues and actions toward resolution, and status of budget and sdibc tile. Furthermore, the Grantee agrees to provide project milestone information (such as prese, iftrifls to community groups, other agencies, and elected officials, ground-breakings, and ri communications efforts. 6. Media and Community Outreach Coordinatip1 Press materials shall b ri vided to SANDAG staff before they are distributed. SANDAG logos)<s o ild be incliaded in presst ials and other project collateral. Furthermore, the grantee agrees'' Provisii,pr6ject milestone 'formation to support media and communications efforts. ' to support media and 7. Photo Documentation: Grantees a(e ri onsible for the Nioi+ving photo documentation: \ • Before and after photos, which : ild b;aitkn from sir>taf angles to showcase how a particular area has been transform ;fiver time_- • Project milestone, kosl ach as gro =-.b h gs and -ribbon -cuttings). • Photos taken tu hotttOnstruction piha "and throughout the length of the project. Photos should be qesolut {at least 4 it ties by 6 inches with a minimum of 300 pixels per inch) and contain ce a - oje ,descr bons, dates, locations, and the names of those featured,_ if.appropriat6e `= � 8. Pro ;Sfynage oh..projer��Rrogram in excess of $250,000 funded in whole or in part by rev ties from the Tran Fxtensiran Qrdinance shall be clearly designated during its construction or '~rls�tontation as bEi. ;p.rovidec3�Y'such revenues. SANDAG will provide sign specifications. Grantee'' "es to follow si i ',specifications and submit proof files to SANDAG for approval before printing. 9. Perfformariei; Onit : SANDAG staff may measure performance of the constructed capital improvements agai*.4teted project objectives, and evaluate the overaii grant program. Grantee is expected to meet wi Itc.S NDAG 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 (Attachm nt A). 3, Quarterly Reports. Grantee must submit quarterly;4eprrts to SANDAG, detailing accomplishments in the quarter, anticipated progress ne ?''qt 'rt pending issues and actions toward resolution, and status of budget and schedule. �,.' • \ 4. Stakeholder and Community Meetings. Gran it ust provide SANDA . ith advance notice (preferably within two weeks) and agendas of ;stakeholder "rid commun W.eetings, and a meeting summary following the meeting. SANDAG s fM ay atteilOny meetings :appropriate. 5. Media and Community Outreach Coordination. Pr64 trerials shall be provided to SANDAG staff before they are distributed. SAND"a':iggo(s) should b4ibudeci in press materials and other project collateral. Furthermore, the Gilkrit6640iNs,,to provide'-pr.'oject milestone information to support media and communications effo P= ".' 6. Photo Documentation. Grantees are re '.risible, the: li Ming photo documentation: • Existing conditi pn i hich sho � ‘trate the current conditions of the project site and demons the nee 'for improvedtlities • Project miles photos arch as worlatioPs, presentations to community rou s other agencies, and ell ti off%ia ... Photos shQufd #pe g resoIiit (at least a ces by 6 inches with a minimum of 300 pixels per inch) 9rcii cora-aft-0046ns witk,Orpject descriptions, dates, locations, and the names of those featufett; appropriate:,, 39 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and TransNetfTDA Active Transportation Grant Program Quarterly Report Report Submittal Date; [insert] Reporting Period: [Insert - Example: FY 2014, Quarter 1] • • PART 1: DESCRIPTION OF ACTIVITY FOR'REPORTING PERIOD 1. Work Accomplished This Reporting Period [INSTRUCTIONS: Replace this text with a detailed description of work completed and underway during the reporting period. In a bullet forrxtat, reference specific tasks.] Example: 1111 ▪ Task 1 - Award Consultant Contract:lSsued REP 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 -oft meeting on January 10, 2Q14_ • Task 2 - Public Outreach City ..staff and XYZ Group began organizing the first workshop forthis project. The anticipated date of the first workshop will be in the February/March 2(}14timeframe. • Task 3 --Etc. • Task 4 - = t a. Deliverables Produced This Reporting Period [INSTRUCTIONS :Summarize the deliverables produced during this period and indicate the date submitted to SA>NOA3, Deliverables can be submitted as an attachment to a.h s 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 1\10.;I 4. Work Anticipated for the Next Reporting Period [INSTRUCTIONS: Replace this text with a brief description of work anticipated for the next reporting period. Also note any upcoming meetings or workshops.] S. List of Attachments [INSTRUCTIONS: List any deliverables or invoice documents attached to this report. Attachments over 6MB should be sent via WeTransfer.1 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 (If Different from Grant Scope of Work) Anticipated Completion (If Different from Grant Scope of Work) NTP Date Task -I [mm/dd/yy] [rrrm/dd/yy]., ' [ln Progress/ Completed/ Not Started] tC,r.! Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 2: Policy No. 035 Milestone [rrim/dd/yy] [rnm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 3: Policy No. 035 Milestone [mm/dd/yy] [mm/dd/yy] [In Progress/ Completed/ Not Started] ]On Time/ Delayed] [mrn/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 challenges in completing project tasks, pease provide information about the delay and actions taken to resolve issues. If an amendment is needed, provide justification and check the appropriate box below.) ❑ No amendment requested at this time 0 Amendment requested to*: ❑ Project Schedule 0 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. it is the Grantee's responsibility to ensure compliance with SANDAti 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 1: Complete the Quarterly Prowess Report. Reimbursements cannot be made without a completed Quarterly Progress Report. Step 2: Gather Documentation for Stiff Costs, Consultant/Contractor Costs, and Other Costs. Provide SANDAG with a copy o` any consultant and contractor agreements awarded through the grant Staff Costs should be supported by certified payroll documentation Consultant costs should be supported by the consultant invoice AND a proof of payment. The proof of payment can be either a copy of the check provided to the consultant o- printout from the projects financial accounting system showing that funds were disbursed Contractor costs should be supported by the contractor invoice, schedule of values, AND a,proof of payment The proof of payment can be either a copy of the check provided to the contractor or a p,lntout from the project's financial accounting system stcwrng that funds were disbursed. Other costs should be supported by either an invoice from the vendor or a receipt AND rrtust 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 financialaccounting system showing that funds were disbursed. Clearly identify (i.e., highlight or circle) all grant -related expenses on documents that Include non -related costs. Stop 3: Complete the Expense Summary. Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurred dung the reporting period. Confirm that you have the adequate documentation. Break down each cost by task. This will help with the next step to complete the invoice statement Double check and make sure al. sub -totals haw. been calculated comeetly. Stop 4: Complete the Invoice Statement Enter the costs for each task (calculated in Step 3) into the appropriate cells of the Inwrce Statement. The SANDAG contribution, match contribution, and retention amounts should automatically calculate. Enter previous costs by task into the appropriate cells of the spreadsheet. The remaining grant balance should automatically calculate. Step 5: Submit Quarterly Progress Report, invoice, and Supporting Documentation to SANDAG at: suatp rantsOsandac.org Sign and scan the completed Quarterly Progress Report. Submit E in PDF form Sign and scan the invoice statement. Submit it in PDF form Submit supporting documentation in PDF form. Submit the completed Excel wo;kbdk Files in excess of 6Mt3 should be subrnittedvia: https:/lsandap.wetransfer.com 43 4 PART 1: STAFF COSTS Personnel Time Period Hours Hourly Rate Amount Documentation Attached? Staff Person A mm/dd/yy to mm/dd/yy 10 $ 100:00 $ 1,000.00 YES/NO Staff Person B mm/dd/yy to mm/ddlyy 10 $ 10.00 $ 1,000.00 YES/NO Staff Person C mm/dd/yy to mmldd/yy 10 $ 100.00 $ 1,000.00 YES/NO [INSERT ADDITONAL LINES AS NEEDED] PART 2: CONSULTANT/CONTRA(: FOR CCS T S Consultant/Contractor Invoice No. Invoice Date Description of Costs Amount Docu> r:entatifon Attached? Consultant XYZ 1 1/1/2014 professional services kirthe $ 10,000.00 YES/NO mcntit of January 2014 Consultant XYZ 2 2/1/2014 Pnafessidnal services for the . $ 10,000.00 YES/NO month of Fednt ary 2014 Consultant XYZ 3 3/1/2014 Professional sers'far the $ 10,000.00 YES/NO month of March 2014 Outreach Organization ABC 1 3/1/2014 Outreach from January 2014 to $ 10,000.00 YES/NO March 2014 [INSERT ADDITONAL LINES AS NEEDED] PART 3: OTHER COSTS Vendor Invoice No. Invoice Date Description of Costs Amount Documentation Attached? VendorA 1 1/1/2014 Printing costs for January 2014 $ 100.00 YES/NO 1 2/1/2014 News Announcement for $ 100.00 YES/NO Vendor B February 2014 Workshop 1 2/28/2014 Snacks for February 2014 $ 100.00 YES/NO Vendor C Workshop [INSERT ADDITONAL LINES AS NEEDED] 45 To: From: TRANSNET SMART GROWTH INCENTIVE PROGRAM IWVOICE SUCHI RAUKHER.JEE SPAJDAG 401 B Street, Suite 800 San Diego, CA92101-4231 Name Address Project Name: [PROJI=CT NAMUE] Contract Number: 500XXX Grant Invoice Number: 4 Billing Period: FROM Invoice Date: CATE Grant Award:. IP Balance Remaining $0.00 $0.00 TO TASK ms Previous:IFlnl:nce �.....� CurrentMRAIDDFVYYYtoAAPNDONYYY Total Expo nses SANDAG Total MatchS. nt Reimbursed to Date Match to Date Total to Date Staff Costs Consultant ®:r Contractor Costs Other Costs 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 Existin• Conditions Re ort $3.00 $0.00 $0.00 $0.00 ' $0.00 , $0.00 $0.00 $0.00 $0.00 3 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 $0.00 $0.00 $0.00 $0.00 $0.00 5 Final Plan $0.00 $0.00 $0.00 ,; '$0 00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00L�_ $0.O3 $0.00 $0.00 $0.00 $0.00 Total Curntnt Expenditures: $0.00 Total Amount Due this Invo ce: $0.00 Less 10% Retention: $0.00 Match % Met to Hate: `'' #DN/0! Total Project Budget (Grant + Match) Task 1 $0.00 Task 2 $0.00 Task 3, $0.00 Task 4 $0.00 Task 5 $0.00 TOTAL. $0.00 E.ANDAG Grant: $0.00 Match: $0.00 SANDAG Contribution % #DIV/0! Required Match % #DIV/0! 46 CERTIFICATION OF GRANTEE I herebycertifythatthe aboa+e cosis were incffred in performance of the work required under the grant and are consistent with the amounts evidenced byattcched supporting documents and expenditures. Signature Printed Name and Title Date 47 CC/CDC-HA Agenda 3/17/2015 — Page 78 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for National City Bicycle Parking Enhancements in the amoun CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATER March 17, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Goeernmcnty for National City Bicycle Parking Enhancements in the amount of $50,000, and accepting the terms of the Grant Agreement, and committing to providing a local match of $10,000 PREPARED BY: Kuna Muthusamy PHONE: 336-4383 EXPLANATION: APPROVED BY: Vit DEPARTMENT: Engineering/Public Works The National City Bicycle Parking Enhancement Project will install bicycle racks throughout National City's bicycle network. The bicycle racks will provide cyclists with safe, secure, and convenient parking for end -of -trip storage and enhance regional and local bicycle networks. It shall be noted that the Grant Agreement contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in this grant -funded project is limited to accounting processes and financial audits. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS If grant funds are awarded, staff will return to Council to accept the grant and to appropriate funding. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Conceptual Exhibit 2. Sample Grant Agreement 3. Resolution CONCEPTUAL EXHIBIT City of Son Diego . •'' pIV'.SiOgST ~ ® O Bicycle Rack Locatio71 ...... :a-; City of San&ego to • • • Son D•ego Boy `•, ; • — County of Son Diego • :, .w • 136.ram c¢n.ivcr Crty of Chula Vista 'wars-° .. • ''. fig Na4"W'1Al. Mty & c PaoriciAto E Pro 1ee'h 24. Facilities • Proposed Bicycle Rack Locations o Future Bicycle ?irking Locations • Previously Funded - Existing Cass I - Bike Path Existing Class II •• Bike Lane - Existing Class III - Bike Route Existing Pedestrian Path Proposed Class I - Bike Path Proposed Class II - Bike Lane •••� Proposed Class III - Bike Route Proposed Pedestrian Path National City Schools e�ieliN "at, tiov March 2015 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 DIEGiO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCY/JURISDICTION NAME REGARDING [MSERT FULL PRo,5ECT , THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agree :i 'made this [Day] day of [Month], 2015, by and between the San Diego Association of rn 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAG,4n " he [Gran 4iitiplent and Address], hereinafter referred to as Grantee. This agreement expi erpn [Month] [D ir]. Note to Grant Recipient: This Agreement Tem lte,covers pr-oyisions for the SGIP and ATGP. Prior to contract execution, the Gran s-n" raem, t will be tailore tO reflect the applicable grant program. Note to SANDAG Contracts Staff: P trternai routing. references to SGIP and ATGP should be updated as applicable. The following recitals are a substantive par oI,this Agrees;.. Note to SANDAG Contra "- .: Select ifWci ler .a r iP'Rec'ta'or A TGP Recitals. Smart Growth Incerdhoa Progra;, -(SGIP) Recitals (A — J): A. The SANDAL Boa Of OirecitorVallocates fu ;•under the TransNet local sales tax program to support local transp la true dre projects in the San Diego region through a co ` rocess. t B. W/TransNet Ex Of Ordl contains provisions to fund the Smart Growth Incentive <# P: Sram (SGJP), wI r nding' gn on Aprii 1, 2008. The SLIP encompasses projects that "integrate tran ' .'tation and land use and recognizes the comprehensive effort to smart grows` place making, access to transit, and environmental justice. C. In Janua 201„0, thee4ANDAG Board of Directors approved Board Policy No. 035 — Competitive Grant Progrr P fires (Board Policy No. 035), which is included as Attachment B. This Grant Award,rment and the Grantee's performance thereunder are subject to Board Policy No. 5, which includes multiple "use it or lose it" provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNetfunds on December 19, 2014, by Resolution Number [insert Resolution Number]. E. On December 19, 2014, SANDAG issued a CaII 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. 12 F. Grantee successfully applied for TransNet SGIP funding for the [insert Project Name], as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital G, below. G. 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 fanditions for SANDAG to provide Grantee with funding to implement the Project.: I. Although SANDAG will be providing financial assist. e'tto Grante SANDAG will not take an active role or retain su this Agreement is characterized as a funding agreement. J. Grantee understands that TransNet funds derive f which fluctuate. SANDAG's funding cpmmitment to su pport the Project, al control of t Project. Therefore, 'ent rather than a •Chiqiiiirative 1- -transactions and use tax revenues Projects, including this Project, is subject to these fluctuations, whili'4011kimpact funding ilability for this Project. • Active Transportation Grant Program TGP (A - L):\ \ A. The SANDAG Board of Directors allot �'.fundr i'tansNet local sales tax program and the Transportaiti tr i elopment A r 1 support local bicycle and pedestrian .A transportation prrs`inr'San Diego ionthrough a competitive process. B. The TransNet won Ord' nce contains visions to fund the Bicycle, Pedestrian, and Neighborhood Saelkv Pro P) whjc Banding began on July 1, 2008. The BPNSP encom asse.bicycle mere -stria -:erects and recognizes the comprehensive effort to r on gr*ice making; access to transit and environmental justice. C. ' Article 3 of the TD'4.provides aing for Bicycle and Pedestrian Facilities and Programs. D. a.: k. er the TransN NSP andTDA Article 3 funding are commonly referred to as the SA •F:; \Active Trans station Grant Program (ATGP). E. In Janua p, thyIA4DAG Board of Directors approved Board Policy No. 035 - Competitive Grant Progr #'a -ores (Board Policy No. 035). which is included as Attachment B. This Grant Award, oftrnent and the Grantee's performance thereunder are subject to Board Policy No. 035, which includes multiple "use it or lose it" provisions. F. The SANDAG Board of Directors approved programming of approximately $3 million in both TransNet and TDA funds on December 19, 2014, by Resolution Number [insert Resolution Number]. G. On [December 19, 2014], SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for SANDAG ATGP funds for use on capital improvement and planning projects meeting certain criteria. 13 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 ID required to complete Recital 1, below. Grantee's Project is funded with [insert dollar amountl in ATGP funds, which includes [insert dollar amount] in TransNet BPNSP funds and [insert dollar amou n TDA funds, and the TransNet MPO ID for the Project is [insert ID number; and the; lairn Number is [insert claim number]. J. The purpose of this Agreement is to establish the term<arad"con`ns for SANDAG to provide Grantee with funding to implement the Pr \. K. Although SANDAG will be providing financial f snce to Grantee to su -t the Project, SANDAG will not take an active role or retai ' tantial co .ol of the Pr Therefore, this Agreement is characterized as a funding agrnty than a coopee agreement. L. Grantee understands that TransN - f ,derive from r transactions and use tax revenues which fluctuate. SANDAG's fundin . fOrnrdtBileat,to ATGP Neclects, including this Project, is subject to these fluctuations, which ay impdin,g avail y for this Project. NOW, THEREFORE, it is agreed as follows: r, i I. DEFINITIONS A. Application. a signed an (dted grant ptication, including any amendment thereto, with all exp lanato pp_ ,M1ad,suppieiitary documents filed with SANDAG by or on behalf of the Grante d:..15t6eptedeffiproVed by SANDAG. All of Grantee's application mat{ . -conflict ,this AgreeTh lit, are hereby incorporated into this Agreement ,at 'thiough fill rth h ° B. royal, Author ]pre, Cor4irence, Waiver. A written statement (transmitted in t itten hard copor electronically) of a SANDAG official authorized to permit the Gra to take or orrk8ih action required by this Agreement, which action may not be taken or omi iivjthout s);written permission. Except to the extent that SANDAG determines otherwise tiro tch approval, authorization, concurrence, or waiver permitting the performance :t kSsion of a specific action does not constitute permission to perform or omit other simractions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is included in Attachment A. Note to Grant Recipient: Only the applicable grant program will be referenced here. 14 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 or ATGP] funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work describelp the Scope of Work. Grantee shall not proceed with the work and shall not be eligible 0 receive payment for work performed prior to SANDAG's issuance of a Notice to Peed. I G. Subgrantee. Any contractor or consultant, at any tier .izjiior indirectly with funds flowing from this Agreement for the Project. /' , \ \ II. PROJECT IMPLEMENTATION f \ A. General. The Grantee agrees to carry out thect as folj: \� 1. Project Description. Grantee agrees to per the work as described in the Scope of Work included as KiddIrnent A. 2. Effective Date. The effective date 'sf a ,greementpf 4my amendment hereto is the date on which this Agreemen an am diennt.is full'uted. The Grantee agrees to undertake Project work pro y after a Notice to Proceed from SANDAG. 3. Grantee's `k;'l-he GrantekaplOwto maintain or acquire sufficient legal, financial ., riical, ?Rd managerial cafiacity to: (a) plan, manage, and complete the Project a ovide fopfopt a use of an Project property; (b) carry out the safety and securityas f p �tF,,and (c) thply with the terms of the Agreement and all applicable lavls;;fion1;;iiicie`s'pertaining to the Project and the Grantee, '" cJudl abut no jted to thethe'`rrtitttket Extension Ordinance and Board Policy Project Sche Vie. The Grrnie agrees to complete the Project according to the \ 'Project Schedul-llicluded in Attachment A and in compliance with Board Policy \ 0.,035, as ame ditcl, and included as Attachment B. 5. Pr plentation and Oversight. Grantee agrees to comply with the Prole 1rnl id. station and Oversight Requirements,. included ac Attachment C, and Board PP'lo, 035, as amended. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG [SGIP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or resuit in loss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [SGIP or ATGPj 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. Media and Community Outreach Coordination. The Grantee agrees notify SANDAG of any media and community outreach efforts, including presentations to community groups, other oy, ,,�1: s, and elected officials. Ilitrantee agrees to assist SANDAG with media or community events related to t{.?reject, such as ground breaking and ribbon cutting. Press materials shall be-czed to SANDAG staff before they are distributed. SANDAG logo(s) should be i x :r '6";press materials and other project collateral, but may never be included iyi,,s 'docurr without advance approval from SANDAG. As part of the quarterly reports submitd to SANDAG the Grante6 des to provide is anc s munications. SANDAG pr' reserves the right to use the information ,d` fie Grantee for anjy combination of the following,includingb t not limited to: r media posts, online photo albums, videos, press releases, Pow .presentations, )qpdates, newsletters, and testimonials. In submitting ob**,,NDAG, the a agrees to release the rights of the photos to SANDAG for 'use. ' .�.. project milestone information to suppo 8. Project Signage and Designs' of T 1,1,, rd'Ng ceded Facilities. Each capital project in ex of °$469,000 fun d e or in part by revenues from the TransNet Extension ri ll be clear :d_ 4nated during its construction or im lem p ;provided b'ryenues from the TransNet Extension Ordinance. A \ Grantee agr �t rfoject SilcOge Specifications SANDAG will provide sign peciif'cations. agre -Oi v sign specifications and submit proof files to x,appr efore prinfing. V. 9,Baseline D Rolle For capital projects, Grantee is required to coordinate with SANDAG sta Vie dev , went of a baseline data collection plain in accordance \� with the Projectllplementation and Oversight Requirements. • B. Applie:+t� -.. of Laws Should a federal or state law pre-empt a local law, regulation, or the TransNet sionnance, the Grantee must comply with the federal or state law and implemertir 40ti„ns. No provision of this Agreement requires the Grantee to observe or enforce complies with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local eaw, 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. 16 • C. Notice Regarding Prevailing Wages. SANDAG's ESGIP 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 a!I federal, state, and local laws and ordinances as applicable. ea Significant Participation by a Subgro.retEc-_ Although the "tee may delegate any or almost al! Project responsibilities to one or more subgrant Grantee agrees that it, rather than any subgrantee, is ultimately responsible forionfrD riiM with all applicable laws, regulations, and this Agreement. :, Third Party Contracting. Grantee shall not a ($3,000) on the basis of a noncompetitive pr Agreement without the prior written approva intended as local match credit, must meet the re regarding local match funds. Contracts over thrusand dollars ent for work to be pe NDAGs tracts awar ed under this by Grantee, if ;set forth in this Agreement 1. If Grantee hires a consul crry out profe [services funded under this Agreement, Grantee shall: par' v' penden Estimate (ICE) prior to soliciting proposals; public! {vertisefo competing Ore posals for the work; use cost as an evaluation factor i'N° lectirj` ' r • , „ t; document a Record of Negotiate (fZt3 stablishin04440 amount Nid by Grantee for the consultant servicesfil arhtclsonable; acilfiloSs through the relevant obligations in this Agr quit to the epnSultant. \ ', 2. If Grantee eakcto carrjr :4t construction services funded under this ,Agreement, ramie shallp e-ah ICE (e.g., a construction cost estimate) prior to bids, i!, c[y advertisefor competing bids for the work; award the work to the lifilivipOespon end responsible bidder; document a RON establishing that the amount y Gra d ` Qr the construction services Is fair and reasonable; and \ pass throu.the releval ''obligations in this Agreement to the contractor. g • F. Gra's\Responsil$ty to Extend Agreement Requirements to Other Entities • 1. En ,Aff. Grantee agrees to take appropriate measures necessary to ensure that oel *t.;al ucoNariti comply with all applicable Cederal id Ws, regulations, and policies afting Project implementation. In addition, if an entity other than the Gianiee is expected to fulfill any responsibiiities 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. Documents Affected. The applicability provisions of laws, reguiations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a 17 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract. or other) any necessary provisions requiring the Proje t participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. No SANDAL Obligations to Third -Parties. In connection wittOlia,Project, the Grantee agrees that SANDAG shall not be subject to any obligations oties to any subgrantee, lessee, third -party contractor, or other person or entity that4S riot a party to the Agreement for the Project. Notwithstanding that SANDAG may hav .;*rakt.00,in or approved any solicitation, subagreement, lease, or third -party contraat'any t1'd.>$ANDAG has no obligations or liabilities to any entity other than tl,)r'Gilantee, inclu ;any subgrantee, lessee, or third -party contractor at any tier. , / c N H. Changes in Project Performance. The Gran agrees tot tify SANDAL diately, in writing, of any change in local law, conditions (i 4Ne al, financial, or chnical capacity), or any other event that may adversely aecJ.itth rantee's ability to perform the Project in accordance with the ter 'f&the Agreemen en ,as required by Board Policy No. 035. The Grantee also agrees NDAG imm Jy, in writing, of any current or prospective major dispute, breach, , !{ ion tha \adversely affect SANDAG's interests in the Project and agrees t `i4G form SAVA4,1,ako in ing, before naming SANDAG as a party to litigation for an ; ason,4a 94 i At a minimum, the Grantee agrees to send e+ _ SANDAG‘ /tOY ..s subsection to .. - .. Office - General Counsel 4, I. Standard of C� The Gra expressly *wants that the work to be performed pursuant to this Agreement ram` g ��'�d�in acc Vince with the applicable standard of care. Where royal by S DAL; its Ext .iiictor, or other representative of SANDAG is indKittal,g1,11t6Scppe o "Work, it is understood to be conceptual approval only and does not ,r ev the Gra�, of respo iiity for complying with all laws, codes, industry standards, atld liability for dare,,,s cal1S ne li Jpnt arts errnrc nm_ icsinnc, r!nr'.compli_nrc. ith i<tstry standards, Otlie willfuNlisconduct of the Grantee or its subgrantees. HI. ET A. Grantee:.-..eo uct/Standards of Conduct, The Grantee agrees to maintain a written code tract standards conduct that _h_Il or��a� ��a� �� of ...,� ��u« that � �� �a�� govern the actions of its officers, employees, cou er board members, or agents engaged in the award or administration of su aagreements, leases, or third -party contracts supported with [SGIP or ATGP] Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de 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 18 positions in a manner that presents A real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, council or board members_, or their agents, or its third -party contractors or subgrantees or their agents. 1. Personal Conflicts of interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by FSGIPsarf AT,GP! Funding if a reai or apparent conflict of interest would be involved. Such a,4itAfct would arise when an employee, officer, board member, or agent, includipdanimember of his or her immediate family, partner, or organization that Oys�, Intends to employ, any of the parties listed herein has a financial interesli rm co ng for award. .r 2. Organizational Conflicts of Interest. TM -Grantee agrees thai &ode of conduct or standards of conduct shall include pro i,j s for iden lfying and p ting real and apparent organizational conflicts of inte " 4n or tOtional confli°interest exists when the nature of the work to be p 4der a proposed third -party contract or subagreement ma , without sometions on future activities, result in an unfair competitive adva ittothe third -par titractor or subgrantee or impair • its objectivity in performing tr t,work. \ ,• B. SANDAG Code of Conduct. SANDA bas esta 'policies «ncerning potential conflicts of interest. These policies apply to Gra >s.• -. For 7SANDAG, any practices which might result in unl ° 1 vity are pr. Fits • 'luding, +Lit not limited to, rebates, kickbacks, or of ula t,nsideratir. AANDAG staff members are specifically prohibited fro p*rticipatin in the select g process when those staff have a close personal relationship, fa reIatio s _i orpast (wi the last 12 months), present, or potential business or employ .: `;. a pion or business entity seeking a contract with SAND 1tjs-.unlawf .tar any contra i bp made by SANDAG if any individual Blaemtatoci,staff h &Prohibited financial interest in the contract. Staff are also , iibited frorn i ting o ting gratuities from any organization seeking funding from _ IDAG. SANDAG Thcers, e Kwees, agents, and Board members shall not solicit or 'aguiPtgifts, gratuitie favors, or anything of monetary value from consultants, potential con nts, or parties r`o'.subagreements. By signing this Agreement, Grantee affirms that it has no ledge of eta ethical violation by SANDAG staff or Grantee. If Grantee has any reason to ve a ict of interest exists with regard to the Agreement or the Project, it should nnti) i0°._ _N A( Office of General Counsel immediately. C. Bonus or Comrriiission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its (SGIP or ATGP1 Funding application for the Project. D. 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. 19 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 $1, or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG 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 amount that forms the basis upon which SANDAG determines the Maximum SANDAL Amount Awarded and Maximum Percentage(s) of SANDAG Participation, V. MATCHING FUNDS i" Grantee has proposed to provide matching funds for the Pro fand f, A. Duty to Obtain Matching Funds. The Granteet'ees to provide si.nt funds or approved in -kind resources, together with thelkWar ATGP] Funding eiokarded, that will assure payment of the actual cost of each ProlOrt4ctivity co _ ed by this A`g nent. The amount of matching funds and percentage(s) o chin tis Grantee shait.p ovide are set forth in the Approved Project Budget. The GranteeVielista complete all proceedings necessary to provide its share of the -Project costs at or, re the time the matching funds are needed for Project costs. B. Prompt Payment of Matching FUq4s. TV4 rrt e.,agrees tirovide the proportionate amount of the matching funds promp as it inc .#tcosts"or Project costs become due. Each of Grantee's inv must includ s;pro, fiathu fund contribution as reflected in the Approved Pro, „ ��aloe wit : ing, de scriptive and/or explanatory documentatiore mathttg funds ped. C. Reduction of hii ing F; The Grant agrees that no refund or reduction of the amount of matchin§ a mey unl s;'at the same time, a reduction of the prop i to emount ths4SGIP or J nding provided is made to SANDAG in order to /r r 1 d um P ntage(s) of SANDAG Participation. N. A PROVED PROJEcre4DGET., ` -, Except t .extent that SAKI AG determines otherwise in writing, the Grantee agrees as follows: The Grantee;d SANDAG h e;agreed to a Project budget that is designated the "Approved Project Budget.' `ihe Gran will incur obligations and make disbursements of Project funds only as authorized by ricked Project Budget. An amendment to the Approved Project Budget requires the issuanc fa:formal amendment to the Agreement, unless the re -allocation of funds among budget items olwfiscal years that not increase the total amount of the [SGIP or ATGP] Funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approvai is required for transfers of funds between Approved Project Budget line items. 20 fore agrees as follows: Vil. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amountpitified by the matching share previously provided; or f B. 2. Take any action that would cause the proportion o,f'_. available to the Project at any time to exceed thkpOtent Agreement for the Project. `f Payment by SANDAG. Upon receiving a req information, SANDAG will make payment, [o County of San Diego to make payment] for elig' axno days if Grantee has complied with the requiremenNif of a Quarterly Report which is inclf,d as Attachmen [SGIP or ATGP] Funding requester for Project and is making adequate progress ti No. 035. After the Grantee has dem requirements, SANDAG may reimburs consistent with the ApTiftved Project B the amounts inv946d;iintikoitisfactory c retention amo Grant following C fifitee's satisfactory completion of work and receipt of Grantlkeilinal in e_and all recluired documentation. i rbt,co m p l eti o ated`sa story compljce with the preceding f :e Gra iitztaterit allowable costs incurred etSAG shbf-retain ten percent (10%) from won of work. SANDAG shall promptly release car ATGP] Funding made e apthorized by the ;for payment and ade supporting projects with TDA fundi eithorize the WGrantee withii thirty (30) ,Agreement, including submission has satisfied SANDAG that the es in that requisition period, istent with Board Policy C. Eligible Costs. The •agrees_lie .iaroject costs eligible for [SGIP or ATGP] Funding mu o ply tf»the i firing require»Ots, unless SANDAG determines otherwise in itip. . To e gibJe for'bursement, Project costs must be: '- Consistent wi3e Proje2 bpe of Work, the Approved Project Budget, and other \ `provisions of th °.Areement. 2. teary in or erto accomplish the Project. 3. Reasabe pr the goods or services purchased. 4. Actual ne' osts to the Grantee (i.e., the price paid minus any refunds, rebates, or other iiems of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). 5. Incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG. 21 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for ]TransNet or TransNet and TDA] Funding as part of the [SGIP or ATGP]. 9. Indirect Costs are only allowable with prior SANDAG approval, Grantee must submit the following docurrsentation as part of the grant appiicatio . tits teriais: (1) an indirect cost allocation audit approved by a qualified independent.4 titor or (2) the applicant's proposed method for allocating indirect costs in acedrilliknee with OMB guidelines. Indirect cost allocation , plans must be reviewed a d n � ; Vie' vV'ennually. `., 10. Project generated revenue realized by the -•ntee shall be uti d'in support of the Project. Project generated revenue and ete$tlitures, if any, sha I teported at the end of the Agreement period. i ♦ D. Excluded Costs 1. In determining the amoun f iJP or ATGP] FuntifiliSANDAG will provide for the Project, SANDAG will exclu• :^: .. z. ��• c ' '`ter � a. Any Project cost incurrek$ the Gra a before eit`ter the date SANDAG issues a Notice to Proceed to Gra lie;or the tti*.tittte of the Agreement or any Amendieett thereto; b. Apitpst that s''rot included it .:te latest Approved Project Budget; 1 c. Any P 1operty or a vices received in connection with a subagre ` ,;yjease,` ift] ;arty �antract, or other arrangement that is required Vibe, but has riot been, tonged in or approved in writing by SANDAG; and d. Any'obtineligiaq1pr SANDAG participation as provided by applicable laws, regulat} n \ or polo'' \ tertain costs at associated with bicycle and pedestrian projects are not eligible ♦Vittuip,the beneAtprovided is not the exclusive use of bicyclists or pedestrians. These ins ,areArted below. a, blood gutter are part of the roadway drainage system. As such, newly insta'ed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. b. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in 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 not be eligible. Appropriate bikeway signage is eligible. d, Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. C. The Grantee understands and agrees that payment to the Grai 4e,for any Project cost does not constitute SANDAG's final decision about whether tha l's allowable and eligible for payment under the Project and does not constitute a w erg violation by the Grantee of the terms of the Agreement for the Project or Board, cy Nd`�: The Grantee acknowledges that SANDAG will not make a final 1-rnination altu'tthe allowability and eligibility of any cost until the final payment h ri made on the Pbor the results of an audit of the Project requested by SANDAc4 its Indepen.ent Taxpaye "qversight Committee (ITOC) has been completed, which ccurs I If SANDAG tettnines that the Grantee is not entitled to receive any portion j- 1. e. °° or ATGP] Fundin requested or paid, SANDAG will notify the Grantee in writing, staliNtOreasons. The Grantee agrees that Project closeout will not alter the4r ee's responsibilRt 4return any funds due to SANDAG as a result of later refunds, correc *, ante defic � *, or other similar actions; nor will Project closeout alter SANDAG's.jjght *,,-r ,o costs ar~ ver funds provided for the Project on the basis of a later audit o c her revie U on,_notifieation to the Grantee that specific amounts are e.d to SANDA{) teeth ex'c+ payments of [SGIP or ATGP] Funding, disallowed sins, *funds funds recoM oin third parties or elsewhere, the Grantee agrees to prom emit tb.,4ANDAG thelitr4iints owed, including applicable interest, penalties and istrativeichtarges. \ fi VIII. ACCOUNTING RE V ' t` .y In compliiatlicable7tvq-regulations; and policies, the Grantee agrees as follows: A../ Project Accountts\Th Gran ,agrees to establish and maintain for the Project either a 'agate set of acco4i or sepa e accounts within the framework of an established a " `Ming system th ° ten be identified with the Project. The Grantee also agrees to main tlfOocumentat n of all checks, payrolls, invoices, contracts, vouchers, orders, or other accountV 4ocumenfs t lated in whole or in part to the Project so that they may be clearly identified,* ad;ilyI ssible, and available to SANDAG upon request and, to the extent feasible, keptItiariite from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by law and regulation, policy, this Agreement, and any other reports SANDAG may specify. 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 fore -tree years thereafter from the date of transmission of the final expenditure report, the tau 'agrees to maintain, intact and readily accessible, all data, documents, reports, re con and supporting materials relating to the Project, as SANDAG may ra , D. Access to Records of Grantees and Subgrt. The Grantee agreeto permit, and require its subgrantees to permit, SANDAG ok:;guthorize epresentativessuon request, to inspect all Project work, materials, payrolls, and ,dats to audit theoks, records, and accounts of the Grantee and its subgrantees p illunirto the Project. E. Project Closeout. The Grantee ""re that Project clos record retention requirements ofi Ant. does not alter the reporting and F. Quarterly Reports. Grantee shall su'l�rit written.�guarJy reports to SANDAG detailing the progress of its work, expenditures inc a•, an �brrr`raegarding whether the Project is projected to be copetedaothin the li f �.fe Approved Project Budget, Project Schedul And ConS'ittient with Boatel J oiicy No. 035 and any policy amendments thereto. Gran stall docurheirnt the prog and results of work performed under this Agreement to th fact' of.,NDAG.includes progress and final reports, plans, specifications, estim>�dence f attainment of the Agreement objectives, whi arrested bA►NDAG or +antee may be required to attend meetings of S�DA -st ommi including but not limited to ITOC, the Regional Planning � 9 g' mittee, the ortati Committee, and the SANDAG Board of Directors, to report on `, progress and reso and to due ohs. G. C®irq nities Serves Oata and Report. If requested, Grantee shall provide SANDAG with data r�arfing how the fProject's benefits and burdens were equitably distributed among socio and*Oomkilations in the area affected by the Project, and associated smart growth date X, Project CopTeflon, Audit, Settaeme et, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports: as applicable. All payments made to the Grantee shall hp 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 R. Project Audit. Note to Grant Recipient: Only the applicable sections will be included. Note to SANDAG Contracts Staff: Please choose the appropriate: For TransNet-funded projects: The Grantee agrees to have financial and compliance audits perffpd as SANDAG may require consistent with the TransNet Extension Ordinance. Thtee agrees that Project closeout will not alter the Grantee's audit responsibilities. f#tw dittosts are allowable Project costs. For TDA-funded projects: The Grantee agrees to have financial and com ce audits performed SAMDAG may require consistent with Public Utilities Code 99245, TDA:funds; nsistent with the TransNet Extension Ordinance for TransNet ds.,T 4rGrantee agrees tha roject closeout will not alter the Grantee's audit responsib11s_ Audit costs are allowable Project costs. '� C. Performance Audit. The Grantee' grew. c operate SiktlDAG or ITOC with regard to any performance audit that is perfor d onTheloralect pursu too the TransNet Ordinance. D. Project Closeout. P pjrtdoseout oc ;whpp SANDA€ o4 fies the Grantee that SANDAG has closed the Pro -.,.tom;. *la pplicable eft-litet forwards the final [SGIP or ATGPI Funding payment and of •..�;c owle`,that the Gicantee has remitted the proper refund. The Grantee agrees that Proj ctcloseout JySANDAG d not invalidate any continuing requirements imposed by the entJ. r unmet regiments set forth in a written notification from SANDAL. ' - E. Py4jactAise,.l ra lee was,*rded this Agreement based on representations in its grant �4 hcation rega g:.the Pr s intended use. If the Project is a capital project, Grantee -«- commits to = stinued� i bf the Project for the purposes stated in its application for a of at least five. ars after completion of construction. SANDAG may require Grantee to rid SGIP funding provided for the Project in the event Grantee fails to utilize the Projec r is intend purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PR MD RIGHT OF SANDAG TO TERMINATE Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project: as per Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. 25 B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may sus or terminate all or any part of the [SGIP or ATGP] Funding to be provided for the Prqract if the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if WA, G determines that the purpose of the laws or policies authorizing the Project ` d' tile adequately served by the continuation of [SGIP or ATGP] Funding for the Prot. In general, termination of [SGIP or ATGP] Fundiri for the Project will invalidate obligations properly incurred by the Grantee,*ef e the termination dateV,tbe extent those obligations cannot be canceled. If, however, S'PAG det ` es that the nee has willfully misused [SGIP or ATGP] Funding by failin';gdequate progress; or failing to comply with the terms of the Agreement, SANDAG rve's the right to require the Grantee to refund to SANDAG the entire Mrflof [SGIP or Al"unding provided for the Project or any lesser amount as SANDAG0;l e.• E. Expiration of any Project time period; ablished4 t Project'S iedule will not, by itself, automatically constitute an expiratiorivt'termi .!(#greement for the Project, however, Grantee must req est and SA amey agree to amend the Agreement in writing if the Project Sclx(citile'Wit[Ot. be met. A't ailm‘ndment to the Project Schedule may be made at SANDAG's c4rotion if Gr'ee's request :-consistent with the provisions of Board Policy No. 035. \� - `. XII. CIVIL RIGHTS N. The Gr t ''abrees-tq Onaply a(.1, applicable civil rights laws, regulations and policies and shall incl e:Te provisions o'€\If s Sectio► 12 ,in each subagreement, lease, third party contract or other leaaily„-baning document p.erform``rk funded by this Agreement. Applicable civil rights laws, regulatf stand policies inclklei but are not limited to, the following: A. Nonde?s eination:SANDAG implements its programs without regard to income level, disability,"4„&colet, aid national origin in compliance with the Americans with Disabilities Act and TitleTitle4.0 i the Chill Rights Act. Grantee shall prohibit discrimination on these grounds, notify the putill '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, et seq.), The appiicabie regulations of the fair Empioyment and Housing/Commission implementing California Government Code Section 12990 (a-f), set forth in CWiptp.t 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into .Agreement by this reference and are made a part hereof as if set forth in full. Gran, snCl its subcontractors shall give written notice of their obligations under this clause tli4Or anjzations with which they have a collective bargaining or other agreement. XIII. OWNERSHIP OF WORK PRODUCT SANDAG shall own any deliverables created in whof o4,in part ;;,SANDAG's la.'e•nifsfjt pursuant to the Scope of Work for the Project. The term "deliv P J 1caiW:11udes, but is not -limited to, all original drawings, reports, photos, and other documents itteing detailed calculations and other work product developed for the Project cervices performed tie Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement sli be inti,a ,accordance with the laws of the State of California. `�,,. ' B. Dispute Reso =,r.,n Proc In the ev Erantee has a dispute with SANDAG during the performance • s,Agree t, Grantee continue to perform unless SANDAG informs Grantee in writing ea _t ptn .nance. T1 ethspute resolution process for disputes arising under this Agreeme ' shhii. e a bi ' ` '' 1,;/ ar 's II sub lit :a statemen`f of the grounds for the dispute, including all pertinent t . na of persons involved, and supporting documentation, to SANDAG's P lecx' # Mana ,rhe Project Manager and other appropriate SANDAG staff twill review th4;cumenta ion in a timely manner and reply to Grantee within twenty • \ (4)) calendar A. Upon receipt of an adverse decision by SANDAG, Grantee may `slit a requ for reconsideration to SANDAG's Executive Director. The request for reciidera '; tt'Must be received within ten (10) calendar days from the postmark date of reply. The Executive Director will respond to the request ;or reconsicitcotion within ten (10) working days. The decision of the Executive Director will be in writing. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. 27 C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. XV. ASSIGNMENT Grantee shall not assign, sublet. or transfer (whether by assignment or, uvation) this Agreement or any rights under or interest in this Agreement. // XVI. INSURANCE Grantee shall procure and maintain during the period of• r'formance`• 'this Agreement, and for twelve (12) months following completion, policies -`of:. nsurance fro •' insurance companies authorized to do business in the State of California' or "the equivalent type 'to' amounts of self- insurance, as follows: / ; _ .., • A. General Liability. Combined single limit of ' ..X0frper occurrence and $2,000,000 general aggregate for personal aned„bodilYin injury, i hg death, and broad form property damage. The policy must induct 'acceptable "W \,of Transfer Rights of Recovery Against Others Endorsement.Th b'i14114t..:-came SAN4;As an additional insured in the endorsement. A deductible or retentpitmay s ized, sub. eq n approval by SANDAG. i B. Automobile Liability.,.For personal a ;bodij. to iii,..tviOuding death, and property damage in an amount not lef ri.'1.,000,000. C. Workers' Co aasation .,rr. Employ i; Liability. Policy must comply with the laws of the State of Ca ti,a. Th cy must in ' a an acceptable "Waiver of Right to Recover From Others Endo'r'se.per> 'NDAG 'an additional insured. D. Ot , f t t tints " tee shall furnish satisfactory proof by one or more certificates .,($rirRirial copiesO at it ha's\•01 foregoing insurance. The insurance shall be provided by an acceptable insura orovidras.determined by SANDAG; which satisfies the following •'r liearnum requiremei • 1. \Ah insurance caltifir qualified to do business in California and maintaining an agent for sriiite, of pro "within the state. Such insurance carrier shall maintain a current A.M. ear g/Classification of "A-" or better, and a financial size of "$10 million to $24 mil "'; ';lass V) or better," or 2. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. insurance policies shall not be canceled without first giving thirty 28 (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. XVII. INDEMN1FICATION 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, asser d or established liability for damages or injuries to any person or property: includingAlUty to the Grantee's or its subgrantees' employees, agents, or officers, which arise frbi or are connected with or are caused or claimed to be caused by the negligent, reck!a4;or:wiliful acts or omissions of the Grantee and its subgrantees and their agents, officep,;employ;;in performing the work or services herein, and all expenses of investiga9r; _and defending against same, including attorney fees and costs; provided, however, t tirt to Grantee's duty 'indemnify and hold harmless shall not include any claims or liabi1ty arising frorp the establi'skad,,sole negligence or willful misconduct of SANDAG, its Board of .ors, aglif4, officers, or aTipyees. B. Intellectual Property. Upon request by SANDAe,;theO'rantee agrees to indemnify, save, and hold harmless SANDAG and i :lard of Directors; ers, agents, and employees acting within the scope of their official yd t against any lili ,; including costs and expenses, resulting from any willful or int ` tonal- tion by th df antee of proprietary rights, copyrights, or right of privacy, an = out o'Fublicatidrn; translation, reproduction, delivery, use, or disposition of any dafurnishe4iirdee.The Project. The Grantee shall not be required to indemn ify n,ify .SANDAG for anjr,sdcrili;��ility caused solely by the wrongful acts of SANDAG employe.ssrag�.. XVIII. INDEPENDENT A. Status of Grantee. ra i#1e'"sha'fif ,th services provided for within this Agreement as an'pr enlet t-contra and not as aq;employee of SANDAG. Grantee shall be under the trot'of SANtA as to e,tesult to be accomplished and not the means, and shall consult vuitl SANDAG as ded fOrKkeF .the Scope of Work. The payments made to Grantee pursuant � y"fihis Agreement s't;be thelt4Uand complete compensation to which Grantee is entitled. Sf£3AG shall not ma any federal or state tax withholdings on behalf of Grantee. SANDAG shal t be requirec'''tt; pay any workers' compensation insurance on behalf of Grantee. Grante agrees to ilfdeninify SANDAG for any tax, retirement contribution, social security, overtime en):: ;;workers' compensation payment which SANDAG may be required to make on behatt o' Stantee or any employee of Grantee for work done under this Agreement. �. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 29 XIX. SEVERABILUTY 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. XX. PROJECT MANAGER The Grantee has assigned [INSERT PROJECT MANAGER NAME 'the Project Manager for the Project. Project Manager continuity and experience is deemed4 seritilll-in Grantee's ability to carry out the Project in accordance with the terms of this Agr nt."antee shall not change the Project Manager without first providing written notice tV Vl bAG- XXI. NOTICE Any notice or instrument required to be given or fled delivered by depositing the same in any United States 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 NAW1 [LOCAL AGENCY ADt,ISS] Attn: [LOCAL AG ENCYAVilE,CT MANAGER] Notice shaft be effective up T-ecaipt there. Note 4SA, DAG`CC, ►tac s 3 .,After receiving this original agreement back from the Gr Wand before ,g the ginal agreement for final SANDAG "wet" signatures, rnrr_ . with SANDAG ance a 'Planning staff that the applicable RTIP has been approve, tj3 Agreements be given or registered or certified, postage 30 XXH. 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. !N WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS GARY L. GALLEGOS OR DESIGNEE Executive Director APPROVED AS TO FORM: [INSERT JURISD,Jr . N] j` • Viame] �Ml:1e] 4; ♦\ A ♦ ' AS TO FORM: ♦ Office of General Counsel l tie] 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 BU ET) Tra !Jet MPO ID NO. 114, 32 ATTACHMENT B BOARD POLICY NO. 035 COMPETITIVE GRAIIIT PROGRAM PROCEDURES Applicability aid Purpose of Policy This Policy applies to all grant programs administered through 5 A , whether from TransNet or another source, including but not limited to the Smart Grow)b 1n tive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior< afn G t l rogram, Federal Transit Administration grant programs, and Active Transportatiorrait Prograt Nothing in this Policy is intended to supersede fedvii orstate grant rules, >jations, statutes, or contract documents that conflict with the requAtTeirts in thif'policy. There :never enough government grant funds to pay for al! of the projec wrthy,. Minding in the Sett region. For this reason, SANDAG awards grant funds on a comp- E:,"ifaa'sis that takes the grantees' ability to perform their proposed project on a ly basis into ac ,i..titt,SANDAG intends to hold grantees accountable to the project schedules p j �,il�ve proposed "� .`. 'order to ensure fairness in the competitive process and encourage grans to tQir ro eccts mplemented quickly so that the public can benefit from the project deliver es as sdotY bs-p risible.\-.,:' \ Procedures 1. Project Milesto. Band Corlpietion Dea Imes" 1.1. When administered by sches"in-the agr f.ik Daft 'folio ,-' revocation of 6Ji-, 'ant fu ryoperations gra Must be ng a r nt,agreemt ,;for a competitive program funded and/or stf3Kretipients ivoust agree to the project delivery objectives and it. In as t grantee's proposal must contain a schedule that 'deadlines. Failure to meet the deadlines below may result in mot already expended. The final invoice for capital, planning, t;,itted prior to the applicable deadline. 1.1.1. Funding' Jar Capital Projects. If the grant will fund a capital project, the \.project mus4 be completed according to the schedule provided in the grant ment/bu"t at the latest, any necessary construction contract must be awarded w itt,t p years following execution of the grant agreement, and construction rnusfke completed within eighteen months following award of the construction contract' Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be 33 complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the grant agreemexl ,_ nd the operations must commence within six months following award of4 yperations contract. If no services contract for operations is necessary, the,,pperations project must commence within one year of execution of the grant agrtt.M\ 1.1.4 Funding for Equipment or Vehic et Cants. If the will fund equipment or vehicles, the project must be comp!.sccording to the s `''ule provided in the grant agreement, but at the latest,y.riecessary purchase con,for equipment or vehicles must be awarded withii5year owing execu of the grant agreement, and use of the equipment 0,4, ,i : : r the benefit of ilia public must commence within six months following aw%,;rhe purchase contract. s. fF 2. Project Milestone and Completildlit. Extensions ` ,' 2.1. Schedules within grant a gments rn;iFrttAide prOY scopes and schedules that will identify interim milestones inaddition tjAhOCCitit4ribed in Section 1 of this Policy. Grant recipients ni y recce ve extensi '_ `o r projeci@schedules of up to six months for good cause. Extfs to six m aggregate that would not cause the project to miss a comp s deadl a in Section. 1 may be approved by the SANDAG Executive Director. ExtehtiEolts beyond six months ag gate or that would cause the project to miss a completion dea e'fn.S ct ri.1r Must be Oproved by the Policy Advisory Committee that has been,_delegate Ahe fiecess iry i c+ty by the Board. For an extension to be granted ut # 5n 2, the fllowing coniions must be met: 2.1.1. Pr xtensio quests of up to six months, the grantee must request the extension i :'wiriting t he SANDAG Program Manager at least two weeks prior to the earliest .project schedule milestone deadline for which an extension is being requested. T iie'Executive Director or designee will determine whether the extension •,i ould be ed. The Executive Director's action will be reported out to the Board i� Oitp' a rnonth's report of delegated actions. 2.1.2. `A4�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 SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects,t were already granted extensions by the Executive Director and are again fajliAgibehind schedule), will be considered by the Policy Advisory Committee upon n 7est to the SANDAG Program Manager. \, 3.2 A grantee seeking an extension must n1ent previjs=efforts undertaken to maintain the project schedule, explain the reor the delay, ein why the delay is unavoidable, and demonstrate an ability to< rimed in the extended ti frame the grantee proposes. The grantee must provide the ne'ry inforrrion to SANDA_ff to place in a report to the Policy Advisory Committee. 1F, ffi{c, dt,time is available;,:and the grant utilized TransNet funds, the request will firstlittik.tajCaP to the Independent Taxpayer Advisory Committee (ITOC) ` a recommendal*-. The grantee should make a representative available at they,meed#n ,to present '-*ze reformation to, and/or answer questions from, the ITOC and Polkkr Advisaix 3.3 The Policy Advisory Commi will o gra +t armextension under this Section 3 for extenuating circurn irices.that the g ntee Id not h reasonably foreseen. 4. Resolution arpdEscecution`t?f the Grant Avrment 4.1 Two we> priori. .t e review 13NNthe Policy Advisory Committee of the proposed grants, prospectiveintiettiaattnttiksuitirnita resolution from their authorized governing body that 'fit: a -the prov4 ens in this ion 4.1. Failure to provide a resolution that meets .tie rqufr is in this ttbsection 4.1 will result in rejection of the application and the application wwiil `rztiroppelt from consideration with funding goingto the next project as �. y:.. P j \ shored by the eva ration corrtitirtiftee. In order to assist grantees in meeting this resolution "eadline, when SA[ktPAG issues the call for projects it wi!l allow at least 90 days for grant ap it Con submissic}m.:. 41A G governing body commits to providing the amount of matching fur'r-forth in the grant application. 4.1.2 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAL. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 35 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 3010 Amended: November 2014 36 Conduct counts prior to prole Ktion, during Appal Documentation Days in the r e t - 9unts and 'i eys can be conducted during January, May, and July to provide switsonarditti, i! tesired. ` ,. Conduct counts for ttwo hours, at p °times'�r ,tetive e facility. For example, facilities attracting utilita -ari tfp could be it l`,c n a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., w s faciili s attractin6,r` creational trips should be counted on a Saturday, from 9 to 11Si;'. In the case that the ab akd,ee infeasible due to the project schedule, the Grantee and--SANDAG will ,.j:oflaborate"* RAri., alternative data collection methodology and proced ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Baseline Data Collection: Prior to the construction of gr 114 iTided improvements, the Grantee is responsible for developing a baseline data collectiOen with SANDAG to gather information on pedestrian and bicyclist activity. At a mini m,oiata should be collected for observed bicycle and pedestrian volumes, behavior, and attitdi s in t -. oject area. Once the data collection plan is approved by SANDAG staff, the Grantels i`esponsib oi:.carrying out the plan and returning collected data to SANDAG as a delivetiablo Standardized ¥r , required for data collection will be provided by SANDAG. Grantees are encouraged to use the National Bicy a and. estrian Documeiltation Project methodology and plan for the following: second week of September. Su A su et�of Grantees may b ;select for. in-depth evaluation by SANDAG, in which case, SANDAG will c kt the data colle. n effort With required participation from Grantee star. Such in-depth evaluati Itonducted by SANDAG Active TrantiTation data c llection Grantees shouid plaqtotaidget five thousand dollars ($S,UUU) tor data collection. For questions or assistance with dat -'collection, contact Christine Eary at Christine.Eary@sandag.org, or (619) 699-6928. budgets. 1 will take place solely and monitoring efforts, for the purpose of SANDAG and will not impact Grantees' 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 SANDAG 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 pedestrianibicycie facility and smart growth design standards. a. Quartteriy Reports and Invoices: Grantee must submit quartexiy reports and invoices to SANJDAG, detailing accomplishments in the quarter, anticipated p ovess next quarter, pending issues and actions toward resolution, and status of budget and schiedule. Furthermore, the Grantee agrees to provide project milestone information (such as prese #Vs to community groups, other s): to support media and agencies, and elected officials, ground-breakings, and ri communications efforts. 6. Media and Community Outreach Coordinatii?ress materials shall bipvlded to SANDAG staff before they are distributed. SANDAG logo(s) `shoi d be incl ed in press t t-ials and other project collateral. Furthermore, the grantee agrees piovr p ject milesto ,,i0formation to support media and communications efforts. 7. Photo Documentation: Grantees wife r• onsible for the f+€ii wing photo documentation: • Before and after photos, which Id • �1 n .�from si l .angles to showcase how a particular area has been transform over time o \\ _. • Project milestone each as grodiiii 15irigs and rlbbon-cuttings). • Photos taken t, oiaghoit .nstruction "and throughout the length of the project. Photos should be # 'Kesoluti _(at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain ca tIo4s14'ith-peoject,descrij; ons, dates, locations, and the names of those featured, jf,appropriat',. 8. Pro) 5fgnage, . proje i r,program in excess of $250,000 funded in whole or in part by rev ue-from the Tran l=xtens Ordinance shall be clearly designated during its construction or ir. l entation as bei provided/such revenues. SANDAG will provide sign specifications. � Granteerees to follow si specifications and submit proof files to SANDAG for approval before printing. i 9. Performane nitp k g: SANDAG staff may measure performance of the constructed capital improvements ana ci 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 Photos shoot -if high, resol' inch) airi`i coriratn-c-aptiOns wi featijd; if appropriate - 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 foyreview and comment for consistency with the agreed upon scope of Work with SANDAG (Attachment A). 3. Quarterly Reports. Grantee must submit quarterly/ its to SANDAG, detailing accomplishments in the quarter, anticipated progress nex {uOrter :pending issues and actions toward resolution, and status of budget and schedule. A 4. Stakeholder and Community Meetings. Grant, must provide SANDA with advance notice 4 (preferably within two weeks) and agendas of astakeholder nd commuun meetings, and a meeting summary following the meeting. SANDAG sfi.*ay attany meetings'zoppropriate. 5. Media and Community Outreach Coordination. Preis rneterials shall be provided to SANDAG staff before they are distributed. SAN logo(s) should be , iuded in press materials and other project collateral. Furthermore, the Gr t ree$ to provi e project milestone information to support media and communications effo 6. Photo Documentation. Grantees are re sibieirthefo)1wing photo documentation: e Existing conditi ptiootps Which sho i!i strate the current conditions of the project site and demons i tett e nee&fir improved Iities Project miles photos , uch as workaps, presentations to community groups, other agencies, and el offklai on,(at least es by 6 inches with a minimum of 300 pixels per project descriptions, dates, locations, and the names of those 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: -`I' 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 RPP.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 contractwith 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 forthis project. The anticipated date of the first workshop will be in the February/March'2014 timeframe. • Task 3 -.Etc • • Task 4 - Etc,. 2. Deliverables Produced This Reporting Period [INSTRUMONS::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: it ;1 REP -- Submitted in December 2014. • Approved Consultant Contract and Kick -Off Meeting Notes - Submitted with this :' pD 1 , 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 ,_ n7l; Fnt,cip7.ted for the next reporting period. Also note any upcoming meetings or workshops.] S_ List of Attachments [INSI RUC;! IONS: List any deliverables or invoice documents attached to this report. Attachments over 6MB should be sent via WeTransfer.] WeTransfer Link: httpsi/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 (If Different from Grant Scope of Work) Anticipated Completion (If Different from Grant Scope of Work) NTP Date Task 1 [mm/dd/yy] rnm/dd/yy]. [In Proara5r/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 2: Policy No. 035 Milestone [rnm/ddlyy] [mm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 3: I Policy No. 035 Milestone [mm/dd/yy] [mm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] 41 4 PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS Challenges and Actions Toward Resolution Of applicable) [INSTRUCTIONS: If you are experiencing challenges in completing project tasks, please provide information about the delay and actions taken to resolve issues. If an amendment is needed, provide justification and check the appropriate box below.] ❑ 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. it is the Granites 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 a 42 JNVOICE INSTRUCTIONS Step 1: Step 2: Step 3: Step 4: S',p 5: Complete the Quarterly Progress Report. Reimbursements cannot be made without a completed Quarterly Progress Report. Gather Documentation for Staff Costs, Consultant/Contractor Costs. and Other Costs. Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant Staff Costs should be supported by certified payroll documentation Consultant costs should be supported by the consultant invoice AND a proof of payment. The proof of payment can be either a cooy of the check, provided to the consultant or printout from the project's financial accounting system showing that funds were disbursed Contractor costs should be supported by the contractor invoice, schedule of values, AND.a.proof of payment The proof of payment can be either a copy of the check provided to the contractor or a printout from the project's financial accounting system 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 payrn ant. The proof of payment can be either a copy of the check provided to the vendor or a printout from the project's financial accounting system showing that funds were disbursed. Clearly identify (i.e., highlight or circle) all grant -related expenses on documents that include non -related costs. Complete the Expense Summary. Summarize the total Staff Costs, ConsultantlCortractor Costs, and Other Costs incurred during the reporting period. Confirm that you have the adequate documentation. Break down each cost by task. This will help with the next step to complete the invoice statement Double check and make sure all sub -totals have been calculated correctly. Complete the invoice Statement. Enter the costs for each task (calculated in Step 3) into the appropriate cells of the Invoice Statement. The SANDAG contribution, match contribution, and retention amounts should automatically calculate. Enter previous costs by task into the appropriate cell' of the spreadsheet. The remaining grant balance should automatically calculate. Submit Quarterly Progress Report, Invoice, and Supporting Documentation to SANDAG at sgatgrantsOsandag.org Sign and scan the completed Quarterly Progress Report. Submit it in PDF form Sign and scan the invoice statement. Submit it in POP form Submit supporting documentation in PDF form. Submit the completed Excel workbiok Files in excess of 6MB should be submi ted via: thttps:llsandaq.wetranfer.com�� 43 PART 1: STAFF COSTS Personnel Staff Person A Staff Person B Staff Person C [INSERT ADDITONAL LINES AS NEEDED] Time Period mm/ddlyy to mm/dd/yy mm/dd/yy to mm/dd/yy mm/dd/yy to mm/dd/yy Hours Hourly Rate 10 $ 10 $ 10 $ Amount Docuw a ntation Attached? 100,00 $ 1,000.00 YES/NO 100.00 $ 1,000.00 YES/NO 100.00 $ 1,000.00 YES/NO PART 2: CONSULTANT/CONTRACTOR COT$ Consultant/Contractor Consultant XYZ Consultant XYZ Consultant XYZ Outreach Organization ABC [INSERT ADDITONAL LINES AS NEEDED] PART 3: OTHER COSTS Vendor VendorA Vendor B Vendor C [INSERT ADDITONAL LINES AS NEEDED] Invoice No. Invoice.NO. 2 3 Invoice Date Description of Costs 1/4/2?14 ;Professional services for, the rrioilttl of January 2014 2/1/201.4 Professtbnal 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 4. Invoice Date 1 1/1/2014 1 2/1/2014 1 2/28/2014 Description of Costs Printing costs for January 2014 News Announcement for February 2014 Workshop Snacks for February 2014 Workshop 45 Amount $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 Documentation Attached? YES/NO YES/NO YES/NO YES/NO Amount Documentation Attached? $ 100.00 YES/NO $ 100.00 YES/NO $ 100.00 YES/NO To: From: TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE SUCH MIJKHERJEE SANDAG 401 B Street, Suite 800 Ssn Diego, CA92101-4231 Name Address TASK 1 RFP _ 2 Existing Conditions Report 3 Public Outreach 4 Draft Plan 5 Final Plan Protect Name: (PROJECT NAME] Contract Number: 500XXX Grant invoice Number: Billing Period: In vice Date: FRRSN) DATE Grant Award:. $0.00 Balance Remaining $0.00 Previous Eialffince TO Reimbursed to Date $0.00 30_00 ;]i0.00 3000 . Match Co Date MOO $0.00 $0.00 $0.00 • TotaIL 0.00I � - $0.00 Total to Date $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Staff Costs $0'00 $0.00 $0.00 $0.00 Current MMA1D/YYYYto MM/DDrYYYY -I Consultant or Contractoi Coate $0.00 $0.00 '$0.00 $0.00 .00 $0.00 Other Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.001- $0.00 $0.00 Total Project Budget _ (Grant +Match) Task 1 $0.00 Task 2 $0.00 Task 3 $0.00 Task 4 $0.00 Task 5 $0.00 TOTAL $0.00 SANDAG Grant: $0.00 Match: $0.00 SAN'13AG Contribution % #DIV/01 Required Match % #DIV/0' 46 Total 6.:x sees SIfJdDAEi'rotal iHlatch Spent This Invoice $0.00 $0.00 $0.00 $0.00 $0.00 This Invoice $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 This Invoice $0.00 $0.00 $0.00 $0.00 $0.00 Total Current Expenditures: Total A. mount Due this Invoice: Less 10% Retention: Match % Met to Date: $0.00 $0.00 $0.00 $0.00 tDN10f CERTIFICATION OF GRANTEE I herebycertifylhat the above costs were incurred in performance of She work required under the grant and are consistent with the amounts evidenced byatached supportng documents and expenditures. Signature Printed Name and Tole Date 47 CC/CDC-HA Agenda 3/17/2015 — Page 117 The following page(s) contain the backup material for Agenda Item: 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 Downtown - Westside Wayfinding and Community Gateways CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 AGENDA ITEM NO. ITEM TITLE: 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 Downtown - Westside Wayfinding and Community Gateways in the amount of $825,500, and accepting the terms of the Grant Agreement, and committing to providing a local match of $200,000 PREPARED BY: Kuna IVluthusarny PHONE: 336-4383 EXPLANATION: DEPARTMENT:. APPROVED BY: ngineering/Public Works The project includes the installation of new wayfinding/gateway signs throughout the Downtown and Westside Communities. The goal of the primarily pedestrian -oriented signs is to direct area residents, visitors, and workers to popular destinations, schools, transit stations, and parks. Sign system types include gateway, orientation, decision point, banners, education/interpretive, historic, and arrival. This project will create a more lively, pedestrian -friendly environment, encouraging community members to travel via foot or bicycle, reducing greenhouse gas emissions. The visually unified street space will attract and support future development and serve as a model example for smart growth in the region. The project includes various locations in the Downtown and Westside Communities; generally south of 8th Street, east of Tidelands Avenue, north of 24th Street, and west of Highland Avenue. It shall be noted that the Grant Agreement contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in this grant -funded project is limited to accounting processes and financial audits. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS If grant funds are awarded, staff will return to Council to accept the grant and to appropriate funding. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENT& 1. Conceptual Exhibit 2 Sample Grant Agreement 3. Resolution CONCEPTUAL VOMIT Signs located ouside of Smart growth Zones to be installed as part of a later phase. Signs shall not be ircluded in this grant request. D - Wey , 4e WacifiAideAte project SIGN SYSTEM TYPES • District Gateway • City Orientation • District Orientation • Derision Point • Directional: Lamp Post: Vehicular.;Ped • Lamp Post: Graph c • Lamp Post Banner • interpretive (Educatinnall • Historic Landmark V. Arrwai/ Aesthetir NON•SIGNTYPE MARKINGS Bike Route • • • Pedestrian Route • • • - Truck Rout: Major Vehicular Corridors • • A • • Project Ma� • Tier 1 Tier Tier 3 IYM:k — March 2015 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] REGAIRDiNG [iiNSERd FULL PROJECT �. ti �4 THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agree: made this [Day] day of [Month], 2015, by and between the San Diego Association of rn i , 401 B Street, Suite 800, • San Diego, California, hereinafter referred to as SANDAG he [Gran ":pient and Address], hereinafter referred to as Grantee. This agreement ex p es ph [Month] [Da ear]. ,covers previsions for the SGIP il! be tailored,to'reflect the Note to Grant Recipient: This Agreement Tema, and ATGP. Prior to contract execution, the Gran applicable grant program. N. \ • Note to SANDAG Contracts Staff: P terinternal rout*tqferences to SGIP and ATGP should be updated as applicable. ,a �,._ \ The following recitals are a substantive pa this Ag-rrtiatitzi,\ " / Note to SANDAG Contra f: Select rf;'WP Recital- or ATGP Recitals. % r Smart Growth 1ncen‘e Progr'QSGIP) Reco-cals (A - J): A. The SANDAG Bo Td of..Dire,4torrallocates fu under the TransNet local sales tax program to support local transpb t . el iTtru t re projects in the San Diego region through a competiWilkor B. ,f' /TransNet Ex < ram (SGIP), wn integrate tran Ora1se contains provisions to fund the Smart Growth Incentive nding`n on Aprii 1, 2008. The SGIP encompasses projects that station and land use and recognizes the comprehensive effort to int- : ::.r:- smart growl [ . place making, access to transit, and environmental justice. C. In Janua6 1.0, theDAG Board of Directors approved Board Policy No. 035 - Competitive Grant Prociratp) Tres (Board Policy No. 035). which is included as Attachment B. This Grant Award, Arnent and the Grantee's performance thereunder are subject to Board Policy No. '5, which includes multiple "use it or lose it" provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number]. 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. 12 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 finglir g this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital G, below. G. 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 anclieoneltions for SANDAG to provide Grantee with funding to implement the Project./ 1. Although SANDAG will be providing financial assist �ro Grante ixs'support the Project, SANDAG will not take an active role or retain sub al control of t Project. Therefore, this Agreement is characterized as a funding etothent rather than a cbQperative agreement. \ \ J. Grantee understands that TransNet funds derive f :{transactions and use tax revenues which fluctuate. SANDAG's fundin :.commitment to p Projects, including this Project, is subject to these fluctuations, whi **impact funding ability for this Project. Active Transportation Grant Program`GP} fla (A - L)?\ \ A. The SANDAG Board of Directors allot ^#unds,44erl"asNet local sales tax program and the Transporta .l[opment A .-sir,p4 WSuppohlOcal bicycle and pedestrian transportation p + •. ` ri• ,.an Diego k n'through a competitive process. B. The TransNet E n Ord. ce contains\provisions to fund the Bicycle, Pedestrian, and Neighborhood Sa ='. Pro .)owhickfOding began on July 1, 2008. The BPNSP encomp_asses_bicycle"ackdoe,tfestrivisbxorects and recognizes the comprehensive effort to it gar tirtgrow't4 piece making -access to transit and environmental justice. C. f'�A'�ri tie 3 of the Tvidesi�g for Bicycle and Pedestrian Facilities and Programs. D. Ober the TransNet BPNSP ancTDA Article 3 funding are commonly referred to as the Active Trans €'cation Grant Program (ATGP). E. In Januar at10, th . DAG Board of Directors approved Board Policy No. 035 - Competitive Grant Proem Jres (Board Policy No. 035), which is included as Attachment B. This Grant Avvard, ment and the Grantee's performance thereunder are subject to Beard Policy No. 35, +w,hich 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. 13 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 ±o SANDAG Contracts Staff:: Before finalizing this agreement for internal routing, obtain from SANDAG Finance and Planning staff the TDA Claim Nurrtber or TransNet MPG ID required to complete Recital 1, below. I. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in TransNet BPNSP funds and [insert dollar amougif in TDA funds, and the TransNet MPO ID for the Project is [insert ID number] and the'Jaim Number is [insert claim number]. J. The purpose of this Agreement is to establish the ter 'con ohs for SANDAG to provide Grantee with funding to implement the Prsofoot K. Although SANDAG will be providing financialloatance to Grantee to ittRiiprt the Project, SANDAG will not take an active role or retaintantial control of the Pr Therefore, this Agreement is characterized as a funding agrnt rr''than a cooper e agreement. 1. Grantee understands that TransN `fti s4erive from rettatransactions and use tax revenues which fluctuate. SANDAG's fundin ib t to ATGP , including this Project, is subject to these fluctuations, which Tay, imO, ;#ding avay for this Project. NOW, THEREFORE, it is agreed as follows: 5 // i. DEFINITIONS A. Application. TIa signed an,d'tted grant ication, including any amendment thereto, with all explanatol supp, ug. a l.supplei ltary documents filed with SANDAG by or on behalf of the Grantee ritf ceptet .zo,Ved by SANDAG. All of Grantee's application ma# i t tasitit" confl .this Agreeri tit, are hereby incorporated into this Agreement a *nigh full th B. ",fir®goal. Asirthon ;i nn, Cor rence, Waiver. A written statement (transmitted in Etten hard cop j ocelectronically) of a SANDAG official authorized to permit the Grail l :V take or o oh action required by this Agreement, which action may not be taken or omi without sh;written permission. Except to the extent that SANDAG determines otherwise *.ji. ir4 arch approval, authorization, concurrence, or waiver permitting the performance abfritssion of a specific action does not constitute permission to perform or omit other sir/actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is included in Attachment A. Note to Grant Recipient: Only the applicable grant program will be referenced here. 14 Note to SANDAG Contracts Staff: Choose the appropriate program here. D. [SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SLIP.] OR [ATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds.] E. Grantee. The local jurisdiction that is the recipient of [SGIP or ATGP] funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with al! or a portion of the work describe 'in the Scope of Work. Grantee shall not proceed with the work and shali not be eiig::1'receive payment for work performed prior to SANDAG's issuance of a Notice to Peed. G. Subgrantee. Any contractor or consultant, at any tier 4310411,'dirtkatt,pr indirectly with funds flowing from this Agreement for the Project. /` \ \. 11. PROJECT IMPLEMENTATION A. General. The Grantee agrees to carry out the Project as fol#r: 1. Project Description. Grantee agrees to per rr3 the work as described in the Scope of Work included as eitter,krient A. 2. Effective Date. The effectiri drat tiiibpAgreemerity amendment hereto is the date on which this Agreement\ gran am tnibLis fullytkIteCuted. The Grantee agrees to undertake Project work pro y after itANIbtice to Proceed from SANDAG. 3. Grantee's �::fy,.;:. Vie Granteatekierto maintain or acquire sufficient legal, financial . s < ical, a =. 'frianageriaf\c acity to: (a) plan, manage, and complete the Project a provide footthe use of an :Project property; (b) carry out the safety and security asp :'*,;oft nd (c)Ilimply with the terms of the Agreement and all applicable laws' pp _ �tion�s;aliciei pertaining to the Project and the Grantee, '�1us�ti°but no teed to the'iliii470et Extension Ordinance and Board Policy fro: Q`35`: , Project Sche Project Schedule 035, as ame 5. Pr Proje Board P . The tee agrees to complete the Project according to the ,included in Attachment A and in compliance with Board Policy clod,�and included as Attachment B. p14410Itation and Oversight. Grantee agrees to comply with the r otation and Oversight Requirements, included as Attachment C, and ;No. 035, as amended. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG [SGIP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 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 ATGPI 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. project milestone information to supposrt$ tia an reserves the right to use the information p f of the following, including but not limited to: videos, press releases, Pow .presentations, testimonials. In submitting NDAG, the of the photos to SANDAG for'use. 8. Project Signage and Designs of T . project in ex '.-;-f71440,000 fundoWsp Extension,.Qsancefl be cleard;nated during its construction or implem1 'on as beIjbg provided b' revenues from the TransNet Extension Ordinance. Grantee agr .f'Project Singe Specifications. SANDAG will provide sign spgfications. -agreed :f9 "sign specifications and submit proof files to AO f . br..apprir, efore prin 7. Media and Community Outreach Coordination. The Grantee agrees notify SANDAG of any media and community outreach efforts, including presentations to community groups, ',Lite' ayericies, and eiecied officials. Tkif'Arantee agrees to assist SANDAG with media or community events related to t ject, such as ground breaking and ribbon cutting. Press materials shall b-- y\ ucied to SANDAG staff before they are distributed. SANDAG logo(s) should be c :_ '.d; c Oross materials and other project collateral, but may never be included ii sa0i'docu without advance approval from SANDAG. ,.' As part of the quarterly reports submitifacit,o SANDAG,,,the Grante sees to provide imunications ems. SANDAG ifie Grantee for any combination media posts, online photo albums, pdates, newsletters, and e agrees to release the rights haled Facilities. Each capital le or in part by revenues from the TransNet 9, Baseline D Rolle -For capital projects, Grantee is required to coordinate with \\ SANDAG sta Tt� he deve htent of a baseline data collection plan in accordance \\wi .th the Projec Implementation and Oversight Requirements. B. Applies of Laws Should a federal or state law pre-empt a local law, regulation, or the TransNetIkitittsiopfnance, the Grantee must comply with the federal or state law and implementin r ut Lions. No provision of this Agreement requires the Grantee to observe or enforce comp "' with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or jocai 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. 16 C. Notice Regarding Prevailing Wages. SANDAG's [SGIP or ATGP] Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). 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 'vage laws consistent with Labor Code Section 1720, et seq. This Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances as applicable. D. Significant Participation by a 5ubgrantee. Although the antee may delegate any or almost all Project responsibilities to one or more subgrant,,t Grantee agrees that it, rather than any subgrantee, is ultimately responsible foo: i p rnue with all applicable laws, regulations, and this Agreement. C.,S./ v \ E. Third Party Contracting. Grantee shall not a (ird pntracts over threiousand dollars ($3,000) on the basis of a noncompetitive pr•:• :. ' ent for w,Qrk to be pe ed under this Agreement without the prior written approva •= rANDAG(tracts awa-#y Grantee, if intended as Iocal match credit, must meet the re • r'ineifs set forth in this Agreement regarding local match funds. 1. If Grantee hires a consulty a tkery put profes .services funded under this Agreement, Grantee shall*eparikkrattol,espendent orstEstimate (ICE) prior to soliciting proposals; publicly 'vertise fetinposals for the work; use cost as an evaluation factor i Siecti Tta,nt; document a Record of Negotiatipri.fRONOstablishing . amount paid by Grantee for the consultant service an onable 'i in this Agreft to theultant. 2. If GrantGranteOU'res Arc # Ito carr out construction services funded under this Areement, f nise'e shalt ICE (e.g., a construction cost estimate) prior to bids; ` icly advertist4cir competing bids for the work; award the work to / the to resporiAteind responsible bidder; document a RON establishing that the : < amount 'by Gra �f'or the construction services is fair and reasonable; and pass throug the rele�ti'obiigations in this Agreement to the contractor. F. Gra ''sjtesponsibtlity to Extend Agreement Requirements to Other Entitles 1. En itAflotted. Grantee agrees to take appropriate measures necessary to ensure that airy %participants comply with ail appiicabie federai laws, regulations, and policies acting 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 appiicabiiity provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a 17 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. lessee, third -party contractor, or other person or entity tha for the Project. Notwithstanding that SANDAG may hav solicitation, subagreement, lease, or third -party contraagt'any t obligations or liabilities to any entity other than tbeGr�antee, inclu lessee, or third -party contractor at any tier. / H. Changes in Project Performance. The Grande agrees to,fiv`tify SANDAG diately, in writing, of any change in local law, conditions (i ihrfts,legal, financial, or chnical capacity), or any other event that may adversely aff tie Grantee's ability to perform the Project in accordance with the tern s`df,the Agreement .d as required by Board Policy No. 035. The Grantee also agrees 41*.lyWIDAG immeo�iately, in writing, of any current or prospective major dispute, breach, u f bz ig tlon that .,adversely affect SANDAG's interests in the Project; and agrees td;ii dorm SX(VA i;-.alto in wu t`ing, before naming SANDAG as a party to litigation for an teason,,i6 aarr ii ;,At a minimum, the Grantee agrees to send each ite.to SANDAG Gi ,ri Cl yAthis surs'ection to SANDAG's Office of General Counsel ,, I. Standard of Cam. The Grate expressly *ants that the work to be performed pursuant to this Agreement's0041.14/perforniattin acct) dance with the applicable standard of care. Where_appgyal by S)1/4,q0Ai its Ex . hector, or other representative of SANDAG is inslii a6 t .ppe cif Wdrk, it is un erstood to be conceptual approval only and does not lve the Gra df resp i[ity for complying with all laws, codes, industry standards, ,, .and liability for da s taus .>negligent acts, errors, omissions, noncompliance with tistry standards, o e willful `t "isconduct of the Grantee or its subgrantees. %r No SANDAG Obligations to Third -Parties. In connection withAfre. Project, the Grantee agrees that SANDAG shall not be suhject to any obligations or,,4141,ilities to any subgrantee, ndt a party to the Agreement rad in or approved any rr,ANDAG has no any subgrantee, 111. ET A. Grantee e,offt. nduct/Standards of Conduct. The Grantee agrees to maintain a written code l arroluct or standards of conduct that shall govern the actions of its officers, employees, coO. ''or hoard members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with [SGIP or ATGP] Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de 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 18 positions in a: manner that presents 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 pariicipd'ciriy lit the selection, aware, or administration of any third -party contract or subagreement supported by [SGIP p ATGP] Funding if a real or apparent confiici. of interest would be involved. Such ”r*I i"ct would arise when an employee, officer, board member, or agent, includiA.ah member of his or her immediate family, partner, or organization that pys, t;itends to employ, any of the parties listed herein has a financial interest -in irm co Ong for award. 2. Organizational Conflicts of Interest. Alfeqrantee agrees tha ts:code of conduct or standards of conduct shall include pro es for iden ifying and p ting real and apparent organizational conflicts of inte An ortional confli 4jnterest exists when the nature of the work to be Pe[,trnder a proposed third -party contract or subagreement may, without some ions on future activities, result in 'to the third -par `*tractor or subgrantee or impair 't',a,work. B. SANDAG Code of Conduct. SAND has esta a licies`tncerning potential conflicts of interest. These policies apply to Gra . For tiivilaf*.by,SANDAG, any practices which might result in unl tactiy,ity are pr• , *eluding, tilt not limited to, rebates, kickbacks, or of upta tmonsideraticins.S,NDAG staff members are specifically prohibited frorticipatin f the select ''process when those staff have a close personal relationship, fart " Jatio ,ar past (witift,the last 12 months), present, or potential business or employn i a pion or business entity seeking a contract with SANDAqc,:it44.mlawf or tiny con ii ,to made by SANDAG if any individual B id or staff h a,. arohibited fir`iancial interest in the contract. Staff are also Aftofiliaited fromting o+rpting gratuities from any organization seeking funding from ``` % NDAG. SANDAG ricers, a r uee, agents, and Board members shall not solicit or a t gifts, gratuitie favors, or anything of monetary value from consultants, potential cook nts, or parties asubagreements. By signing this Agreement, Grantee affirms that it has no ovvledge of,anethical violation by SANDAG staff or Grantee. If Grantee has any reason to ' i eve act of interest exists with regard to the Agreement or the Project, it should notifjceAG Office of General Counsel immediately. C. mimes rir ororassionr The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its [SGI' or ATGP] Funding application for the Project. an unfair competitive adva its objectivity in performing D. Fake 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. 19 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 $.T'W or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is percent (L_„%). SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application for funding from SANDAG for the Project is the amount that forms the basis upon which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SANDAG Participation. V. MATCHING FUNDS Grantee has proposed to provide matching funds for the Pro Land tietefore agrees as follows: A. Duty to Obtain Matching Funds. The Grantees to provide sitent funds or approved in -kind resources, together with the. l-or ATGP] Funding rerded, that will assure payment of the actual cost of each Pr :.;activity co ed by this A ent. The amount of matching funds and percentage(s) %itchln s Grantee sha r vide are set forth in the Approved Project Budget. The Granteew to complete all proceedings necessary to provide its share of thee --Project costs at dicittefizre the time the matching funds are needed for Project costs. B. Prompt Payment of Matching Fiii ivris. The n ee,agrees1g 'rovide the proportionate amount of the matching funds prom as it incj.is Pff0 cost 'or Project costs become due. Each of Grantee's invpi anust includdt _,pr Wets maafc 'fund contribution as reflected in the Approved Pro).4 1#$et;. along wit); ting, descriptive and/or explanatory documentation.•fer e mat grog funds pi ed. C. Reduction of IVing F,*.The Grant agrees that no refund or reduction of the amount of matchinb':, °trii xiviitle_unl ,`at the same time, a reduction of the propo #mount tie [SGIP cir""`AT4nPunding provided is made to SANDAG in order to rr 'irt#iliriaaum P• tage(s) of SANDAG Participation, �< •h VI. PROVED PROJ . UDGETI, Except tb4Seextent that SA' ID:AG determines otherwise in writing, the Grantee agrees as follows: The Grante l.SANDAG hprve.!agreed to a Project budget that is designated the "Approved Project Budge The Gran will incur obligations and make disbursements of Project funds only as authorized by ed Project Budget. An amendment to the Approved Project Budget requires the issuanc.aformal amendment to the Agreement, unless the re -allocation of funds among budget items o 'fiscai years that not increase the total amount of the [SGIP or ATGP] Funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of Funds between Approved Project Budget line items. 20 Vll. PAYMENTS A. Grantee's Request for Payment when Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with payments from SANDAG, wiii cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of matching funds for the Project; a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amountpifified by the matching share previously provided, or / s, 2. Take any action that would cause the proportion 9ft ; .*.ATGP] Funding made available to the Project at any time to exceed hep eni 4iithorized by the Agreement for the Project. , B. Payment by SANDAG. Upon receiving a req for payment and ade'qat{e..supporting information, SANDAG will make payment, (ol4peRrojects with TDA fundirisk aixthorize the County of San Diego to make payment] for eligif; e;i tno o' o Grantee withi'i irty (30) days if Grantee has complied with the requiremenlx'_'e,Agreement, including submission of a Quarterly Report which is incici as Attachment a i9s satisfied SANDAG that the [SGIP or ATGP] Funding requested)$:ieied.for Projectes in that requisition period, and is making adequate progress trcl. ompletio% intent with Board Policy No. 035. After the Grantee has dem rated ry com ance with the preceding requirements, SANDAG may reimburs *se Grani '*ir' t allowable costs incurred consistent with the q d Project B.et fSAG slia.tretain ten percent (10%) from the amounts inv940.1Antil#tisfactory ciiiMPUttan of work. SANDAG shall promptly release retention amq 1 5 to Grant following C .tee's satisfactory completion of work and receipt of Gran;f.inal ine and all reed documentation. C. Eligible Costs. The -agrees to ett costs eligible for [SGIP or ATGP] Funding mikith, the]ng req uir ts, unless SANDAG determines otherwise in � unatg: To 'be;iie for bursement, Project costs must be: Consistent wi;#e Proje*ape of Work, the Approved Project Budget, and other \ "provisions of th Agreement 2. `ikkei5sary in orcierto accomplish the Project. 3. Reas 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). 5. Incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG. 21 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). S. Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGIP or ATGP]. 9. Indirect Costs are only allowable with prior SANDAG approyol. Grantee must submit the following documentation as part of the grant applicatioterials: (1) an indirect cost allocation audit approved by a qualified independent &n: jtor or (2) the applicant's proposed method for allocating indirect costs in actzrd Pe with OMB guidelines. Indirect cost allocation plans must be reviewed aid pe'ne Annually. 10. Project generated revenue realized by the tee shall be uti e4 in support of the Project. Project generated revenue and editures, if any, shall reported at the end of the Agreement period. D. Excluded Costs 1. in determining the amouni Project, SANDAG will exclu or ATGP] FunciySANDAG will provide for the a. Any Project cost incurre�y the Grgefore eitt.�er the date SANDAG issues a Notice to Proceed to Gran pe or the ec t Lt. D of the Agreement or any Amend�ent:ereto; ;.. , , b. Aq cost that is not included i fie latest Approved Project Budget; c. Any .for P,p44ciOilapexty or )ces received in connection with a subagre*efil4ege';'ittliyalaartikintract, or other arrangement that is required bet butlies.not been, Cc40,4ted in or approved in writing by SANDAG; and Any'epostineligittkfpr,SANDAG participation as provided by applicable laws, regulat,.or polls• 2. \ Certain costs at trt s associated with bicycle and pedestrian projects are not eligible *the bene provided is not the exclusive use of bicyclists or pedestrians. These insi nZes are below. a. &It ape gutter are part of the roadway drainage system. As such, newly instaiied 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 not be eligible. Appropriate bikeway signage is eligible. d. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. E. The Grantee understands and agrees that payment to the Grrpofbr any Project cost does not constitute SANDAG's final decision about whether that 'o t. s allowable and eligible for payment under the Project and does not constitute a weir : y,violation by the Grantee of the terms of the Agreement for the Project or Board, icy N�o' The Grantee acknowledges that SANDAG will not make a final "rmination a =,tide allowability and eligibility of any cost until the final payment h treri made on the Pr $tor the results of an audit of the Project requested by SANDA riles Indepen..ent Taxpaye i versight Committee (ITOC) has been completed, whicheit*curs IIf SANDAG imines that the Grantee is not entitled to receive any portion ,e1,' or ATGP] Fundinb requested or paid, SANDAG will notify the Grantee in writing, statOis. reasons. The Grantee agrees that Project closeout will not alter the rims responsibil return any funds due to SANDAG as a result of later refunds, corre S, ante defici s, or other similar actions; nor will Project closeout alter SANDAG' ht ttr costs a r, over funds provided for the Project on the basis of a later audit citx-olther revs Upon.noti i" ation to the Grantee that specific amounts are owed to SANDAG , eth t r"exc yments of [SG1P or ATGP] Funding, disallowest*s, (*funds recoXtri4f0M third parties or elsewhere, the Grantee agrees to rom .�ernit tz�,:fNDAG thelimovnts owed, including applicable interest, penalties and nr nistrative)targes. \ VIII. ACCOUNTING RE In complies with.a0Iicable ,.regulation3,-and policies, the Grantee agrees as follows: A. Project Accounts . 0 Gran grees to establish and maintain for the Project either c1 Grate set of accofin or sepal accounts within the framework of an established a ry tIng system than be identified with the Project. The Grantee also agrees to main ' T ocumentat n of al{ checks, payrolls, invoices, contracts, vouchers, orders, or other accoun tOccume rOiated in whole or in part to the Project so that they may be clearly identified,'r t ilyible, and available to SANDAG upon request and, to the extent feasible, kept ar ' e from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by law and regulation, policy, this Agreement, and any other reports SANDAG may specify. R. Report Formats. The Grantee agrees that 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 forAhree years thereafter from the date of transmission of the final expenditure report, the agrees to maintain, intact and readily accessible, all data, documents, reports, rea,'con ' and supporting materials relating to the Project, as SANDAG may rujre✓ 0, Access to Records of Grantees and Subgr9nie,es. The Grantee agre to permit, and require its subgrantees to permit, SANDAG ORtstiti\thorizeg"presentatives,cuioon request, to inspect all Project work, materials, payrolls, and datl to audit the btks, records, P 1 P Y ,4 • and accounts of the Grantee and its subgrantees p'1'to the Project. Project Closeout. The Grantee e :that Project clos ,it,oes not alter the reporting and record retention requirements of t s/Ag mxl ent. F. Quarterly Reports. Grantee shall sablnit writte :q,u rly reports to SANDAG detailing the progress of its work, enditures inc' d, a form regarding whether the Project is projected to be cor .ipajeted within the li in the Approved Project Budget, Project Schedule d conslspnt with Board 1';blicy No. 035 and any policy amendments thereto. Gran shII docu en t the prow',and results of work performed under this Agreement to th " fact „n�NDAG. itisincludes progress and final reports, plans, specifications, estim , ; tfi ,_e fence attainment of the Agreement objectives, which a' ee teested la'9AAS,DAG orit0C.,,diantee may be required to attend meetings of SfD,AG : k-id commiii0s,including but not limited to ITOC, the Regional Planning ornrrrittee, the portati Committee, and the SANDAG Board of Directors, to report on ro ress and to,ue oars. • �: p. gq G. Coikrunitles Serrre0. ata and Report. If requested, Grantee shall provide SANDAG with data fading how the Project's benefits and burdens were equitably distributed among socio an nomicitoPpUlations in the area affected by the Project, and associated smart growth data '. Prefect CompRe ec!3, Audit, Settlement, -€1. Closeou A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. Ali payments made to the Grantee shall bp 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: Th Grant�.n to h financial a 1".,...". this i io.:1... J SANDAG ♦. agrees to 1 '- f n 1pl �'.iQJ and compliance I _ audits EJer 1.I FLI q, JHI 4 JMU Illq►/ require consistent with the TransNet Extension Ordinance. Th. iitec agrees that Project closeout will not alter the Grantee's audit responsibilities. wit=posts are allowable Project costs. The Grantee agrees to have financial and convince audits performed SANDAG may require consistent with Public Utilities Code g99245, ftr TDA funds; consistent with the TransNet Extension Ordinance for TransNeek*AM4:6trantee agrees tha Project closeout will not alter the Grantee's audit response edit costs are allowable Project costs. For TDA-funded projects: C. Performance Audit. The Grantee etett a es. cooperate wit or ITOC with regard to any performance audit that is perfor n d on trie,,. `iject pursu tto the TransNet Ordinance. D. Project Closeout. Pr j w closeout oc shpi. IDA fies the Grantee that SANDAG has closed the Pro j ate, i applicable\ i; rwards the final [SGIP or ATGP] Funding payment and or owle etAhat the Grantee has remitted the proper refund. The Grantee agrees that Pr .closeout SANDAG d hot invalidate any continuing requirements imposed by the Al ent'r ,unm et retikutrements set forth in a written notification from SANDAL. " `. E. PTo>i9se, antee wa iarded this Agreement based on representations in its grant lrcation regard gghe Pr '_i intended use. If the Project is a capita! project, Grantee ....„.1Vreby commits to nued .. i of the Project for the purposes stated in its application for a t1.of at least fiveyrs after Completion of construction. SANDAG may require Grantee to1dSGIP fundin .ptovided for the Project in the event Grantee fails to utilize the Project . 'its intendepurposes as stated in the grant application or for any disallowed costs. XI. TIMELY PR 'f.. _.,' AND RIGHT OF SANDAG TO TERMINATE A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. 25 B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may sus? or terminate all or any part of the [SGIP or ATGP] Funding to be provided for the Pr the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or Ni*G determines that the purpose of the laws or policies authorizing the Project , " jd r, ,be•adequately served by the continuation of [SGIP or ATGP] Funding for the Projp. t J D. In general, termination of [SGIP or ATGP] Fundi f*r the Project will )n+e .iinvalidate obligations properly incurred by the Granteeo�������r,e the termination dat .ae extent those obligations cannot be canceled. If, however, SAAG det es that the fiae has willfully misused ]SGIP or ATGP] Funding by failini�:dequate progress; or failing to comply with the terms of the Agreement, SANDAG s the right to require the Grantee to refund to SANDAG the entire ,fiht of [SGIP or A ending provided for the Project or any lesser amount as SANDAG Expiration of any Project time perio teblishett & oject edule will not, by itself, automatically constitute an expiration r terms otirr6f4tigAgreement for the Project, however, Grantee` request and SA*,grrrnAty'agree totmend the Agreement in writing if the Project Scl u0 CAlltt •.be met. 4.°amendment to the Project Schedule may be made at SANDAG's elksOetion if Grflntee's requeii,consistent with the provisions of Board Policy No. 035. XII. CIVIL RIGHTS The G'agrees amply *applicable civil rights laws, regulations and policies and shall ind�tiie o���provisions O. " . Sectio x.2. jn each subagreement; lease; third party contract or other lega�ly to fing document ;~,erfor "rk funded by this Agreement. Applicable civil rights laws, regulations and policies inclOak but are not limited to, the following: A. Nonda inationl'lSANDAG implements its programs without regard to income level, disability, co ;.and national origin in compliance with the Americans with Disabilities and Title " e Civii Rights Act. Grantee shaii prohibit discrimination on these grounds, notify the pub • ,, 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 awl 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 tree 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 hair Employment and Housing/Commission implementing California Government Code Section 12990 (a-f), set forth in Citiliiivr 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into.i:Agreement by this reference and are made a part hereof as if set forth in full. Granter:at' ! its subcontractors shall give written notice of their obligations under this clause �iat)Or anizations with which they have a collective bargaining or other agreement. ^ ' XIII. OWNERSHIP OF WORK PRODUCT SANDAG shall own any deliverables created in wholkot,in partSANDAG's b t pursuant to the Scope of Work for the Project. The term delivi,)gsa`;;-(iludes, but is not limited to, all original drawings, reports, photos, and other documentsliuidtng detailed calculations and other work product developed for the Project vices performedkxithe Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement sh4 'fie int accordance with the laws of the State of California. In the ev` grantee has a dispute with SANDAG during the t, Grantee continue to perform unless SANDAG informs -pefRirmance. The. dispute resolution process for disputes arising B. Dispute Reso Proc performance ef,ttis,Agree Grantee in writin:i'cea under this Agreemeri#,1l$ a! )/ Gran ; li subs k'`a statement of the grounds for the dispute, including all pertinent 'l s, na >of persons involved, and supporting documentation, to SANDAG's Prate& Mana'g.The Project Manager and other appropriate SANDAG staff , \will review thd'sr cumentat.ion in a timely manner and reply to Grantee within twenty 20) calendar c y61. Upon receipt of an adverse decision by SANDAG, Grantee may it a requpitIor reconsideration to SANDAG's Executive Director. The request for re iderat)t .roust be received within ten (10) calendar days from the postmark date of S ° reply. The Executive Director will respond to the request for reconsidtion within ten (10) working days. The decision of the Executive Director will be in writing. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGIP projects or to idle 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 or4 ovation) this Agreement or any rights under or interest in this Agreement. XVI. INSURANCE /' \ Grantee shall procure and maintain during the period of4 er'fbrmance 'this Agreement, and for twelve (12) months following completion, policies/of, insurance fro. lhsurance companies authorized to do business in the State of California`'or*fe equivalent typeiNabd,amounts of self- insurance, as follows:\" . A. General Liability.Combined single limit of N. g � per occurrence and $2,000,000 general aggregate for personal an .,bodily injury, i dtt,g death, and broad form property damage. The policy must inclu 1:' ceptable " r \of Transfer Rights of Recovery Against Others Endorsement." Th 4tt>.name SAN `As an additional insured in the endorsement. A deductible or reten r ii, mayor ; iKed, subjetIO approval by SANDAG. t / B. Automobile Liability.For personal a bodi.11i y tt lading death, and property damage in an amount not Legs tt:h"l`- - - - - - - N C. Workers' CorOpeevsation Intl Employ `r s: Liability. Policy must comply with the laws of the State of Ca ja. Th ! #),icy, must in e an acceptable "Waiver of Right to Recover From Others Endoes r ar is " Af1lDAG `an additional insured. D. 093L5w. R,eaj'ents. ai.ee shall fi.rnash satisfactory proof by one or more certificates Eritftial copies that it ha,. foregoing insurance. The insurance shall be provided by an ‘; a �teptable insuree provider'Ais. determined by SANDAG, which satisfies the following rrnum requireme' 1. ' 44ii insurance ca6inr qualified to do business in California and maintaining an agent for se toe. of pro/ms,within the state. Such insurance carrier shall maintain a current A.M.': of "A-" or better, and a financial size of "$10 million to $24 mi ( 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 policy provides for an agent for service of process in California. E. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Insurance policies shall not be canceled without first giving thirty 28 (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. XVh. 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 al! claims, including, but not limited to prevailing wage claims against the Project, asseil.eitor established liability' for damages or injuries to any person or property, including/ j% to the Grantee's or its subgrantees' employees, agents, or officers, which arise fraifi',o'r are connected with or are caused or claimed to be caused by the negligent, reckl of iiiiful acts or omissions of the Grantee and its subgrantees and their agents, offices, x, m to ,in performingthe work 9 g ,� � p. or services herein, and all expenses of investigatjrfj'.'nd defendirig-,ainst same, including attorney fees and costs; provided, however, tpfititib Grantee's duty 1hdemnify and hold harmless shall not include any claims or liab' ty; arising from the establi :sole negligence or willful misconduct of SANDAG, its Board of ors, age t ;,officers, or -' loyees. i,, / B. Intellectual Property. Upon request by SANDAC;. "i Grantee agrees to indemnify, save, and hold harmless SANDAG and i jd of Director ers, agents, and employees acting within the scope of their official ainst any lia ity including costs and expenses, resulting from any willful or into il'on`at 3 talon by th \£vntee of proprietary rights, copyrights, or right of privacy, ari4rE out o - ite: pu,blicatit ' translation, reproduction, delivery, use, or disposition of any dat rnish under -Project. The Grantee shall not be required to indemn i SANDAG for and+ st ch Inability caused solely by the wrongful acts of SANDAG emplo fpragear , . \ XVIII. INDEPENDENT` ITRACTI !. t A. Status of Grantee:' n te-sha,p4trfo 4e'services provided for within this Agreement as an . eg ietidin'trcontra i and not as at mployee of SANDAL. Grantee shall be under the o t p} of SA;+(a;as to tik0.4esult to be accomplished and not the means, and shall consult SANDAG as'4rided foie. the Scope of Work. The payments made to Grantee pursuant This Agreement s be the gr,.., A{�iyand complete compensation to which Grantee is entitled. SAG shall not make federal or state tax withholdings on behalf of Grantee. SANDAG NoAti:!be requirecj- to pay any workers' compensation insurance on behalf of Grantee. Grantes grees to i xnnify SANDAG for any tax, retirement contribution, social security, overtime en%`. ., -workers' compensation payment which SANDAG may be required to make on beh o ; rantee or any employee of Grantee for work done under this Agreement. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 29 XIX. SEVERABILiTY AND INTEGRATION If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. XX. PROJECT MANAGER The Grantee has assigned [INSERT PROJECT MANAGER NAME :,�s:thi Project Manager for the Project. Project Manager continuity and experience is deemed t4i1,in Grantee's ability to carry out the Project in accordance with the terms of this Agra' ee shall not change the Project Manager without first providing written notice t9 ViiAG. , XXI. NOTICE Any notice or instrument required to be given or d iliv red p INS Agreement yam- be given or delivered by depositing the same in any United States`; ffte, 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 NA [LOCAL AGENCY AD t S] Attn: [LOCAL AGENCY'1TAIECT !A .ER] Notice shall be -effective up rece,pt the Note itNDAG tracts 1 ;After receiving this original agreement back from the Grater* ;and before fig the " ' ,final agreement for final SANDAG "wet" signatures, confbal with SANDAG lance a 'Planning staff that the applicable RTIP has been approve 30 XXII. SIGNATURES The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN n1E60 ASSOCIATION OF GOVERNMENTS GARY L. GALLEGOS OR DESIGNEE Executive Director APPROVED AS TO FORM: Office of General Counsel 31 [INSERT JURISDI tN] \\ 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 BUI`) ,1 Tra4NetMPO ID NO. • 32 ATTACHMENT B BOARD POLICY NO. COMPETITIVE GRANT PROGRAM PROCEDURES 035 Applicability and Purpose of Pniiry This Policy applies to all grant programs administered through SA bAG, whether from TransNet or another source, including but not limited to the Smart Grower Inc teve Program, Environmental Mitigation Program, Bike and Pedestrian Program, SeniorsM4n'i t; program, Federal Transit Administration grant programs, and Active Transportatlon/G4ht Progra Nothing in this Policy is intended to supersede federJg1 or state grant rules, r "[iJations, statutes, or contract documents that conflict with the requir ._ Ots in this-Solicy. There ` e'never enough governmentgrant funds topayfor all of the ro ect 'sr h Articling in the S Die o region. p 1��.._...� =- g� 9 9 For this reason, SANDAG awards grant funds on a comp psis that takes the grantees' ability toperform their proposed project on a ei basis into a ASANDAG intends to hold grantees P p Y'� accountable to the project schedules '":'eve proposed \4i ;. girder to ensure fairness in the competitive process and encourage gran tbyrg it projectt.i lemented quickly so that the public can benefit from the project deliver hies as somas -possible. -`‘ y,'' Procedures i 1. Project Milest:, nd Com$etion Dea 1 1.1. When it ng aigrant,,agreem6tit'for a competitive program funded and/or administered by ij.. l ,,,g `.a t opients l' i€y t agree to the project delivery objectives and schg -rn;the agrF t. In aa'ditpr; .'grantee's proposal must contain a schedule that fats: :1671thill 1 :id eadlines'ailure to meet the deadlines below may result in /''revocation of8 grant fug hot already expended. The final invoice for capital, planning, `+4.: or operations gra Must be itted prior to the applicable deadline. \ 1.1.1. Fund for Capital Projects. If the grant will fund a capita! project, the ' \ trroject mus be completed according to the schedule provided in the grant greemen at the latest, any necessary construction contract must be awarded years following execution of the grant agreement, and construction must completed within eighteen months following award of the construction contracf. Completion of construction for purposes of this policv shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be 33 complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of ine grant agreemerkl anr' the operations must commence within six months following award o140;'operaiions contract. If no services contract for operations is necessary, theAlerations project must commence within one year of execution of the grant agr gnif, 1.1.4 Funding for Equipment or Vehiclants. If the n.will fund equipment or vehicles, the project must be complied according to the s edule provided in the grant agreement, but at the latest,4'n.,necessary purchase confor equipment or vehicles must be awarded withih;:oiie year Awing execu of the grant agreement, and use of the equipment ? 'for the benefit of the public must commence within six months following aw l aiif'the purchase contract. 2. Project Milestone and Completi tee.„Extensions `Y:' 2.1. Schedules within grant agments.trlude projt scopes and schedules that will identify interim milestones in 4ddition tg`th,osied4cribed in Section 1 of this Policy. Grant recipients p rpay`retewe extensiprojectaschedules of up to six months for good cause. Ext4nsiens-qf .up to six m aggregate that would not cause the project to miss a comp on dead in Sectior .. f ,•may be approved by the SANDAG Executive Director. Exte bris beyo9d.tix months aVregate or that would cause the project to miss a completion deg inA6410.1 mug be teproved by the Policy Advisory Committee that has be ..delegated a pecessarp a l-rt by the Board. For an extension to be granted untigr0.0ection 2, thefo1.lowing conditions must be met: 2.1.1. r ectensiojeuuests of up to six months, the grantee must request the extension t riting tci e SANDAG Program Manager at least two weeks prior to the earliest rject schedule milestone deadline for which an extension is being requested. The -Executive Director or designee will determine whether the extension .ffie,uld be granted. The Executive Director's action will be reported out to the Board irk j�pwi t nonth's report of delegated actions. 2.1.2.E 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 SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects,. iat were already granted extensions by the Executive Director and are again fapal;behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. 3.2 A grantee seeking an extension must 4rrient previ~efforts undertaken to maintain the project schedule, explain the re zs' for the delay, (n why the delay is unavoidable, and demonstrate an ability tc‘cceed in the extended ti frame the grantee proposes. The grantee must provide the neXtrisiry inforn t9n to SAND .staff to place in a report to the Policy Advisory Committee. if`-.50ff151‘tt,time is available, -,and the grant utilized TransNet funds, the request will first . taken to the Independent Taxpayer Advisory Committee (ITOC) '' a recommends +_ The grantee should make a representative available at the`; tnetn :lc present �e'tnformation to, and/or answer questions from, the ITOC and Polii ,Advi ,I( lmittee .. ^'\ 3.3 The Policy Advisory Committee -will oryl r g n an extension under this Section 3 for extenuating circumst;Yi ces.that the g ntee4 uid not have` reasonably foreseen. 4. Resolution arfxecution,gf•the Grant Ateement 4.1 Two we> prior the. review 13, the Policy Advisory Committee of the proposed grants, prospective 9 esintt i jt a' solution from their authorized governing body th ud-the proiihs in thisaon 4.1. Failure to provide a resolution that meets he rei urre nt •.in the'Subsection 4.1 will result in rejection of the application and the bplication wil e tfropp8i$'fiom consideration with funding going to the next project as - tired by the eve ':e'don co thee. In order to assist grantees in meeting this resolution ";eadljne, when SA AG issues the call for projects it will allow at least 90 days for grant appjEt`tion submisskn. #�1 Gra4 ee governing body commits to providing the amount of matching fu?fr c fntth in the grant application. 4.1.2 'Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 35 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 Amended: November 2014 36 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any chances to staff assigned. 2. Baseline Data Coliection: Prior to the construction of graf •f i•nded improvement, the Grantee is responsible for developing a baseline data collectan with SANDAG to gather information on pedestrian and bicyclist activity. At a minimurn,,t to should be collected for observed bicycle and pedestrian volumes, behavior, and atti in ih oject area. Once the data collection plan is approved by SANDAG staff, the Gran*4 sponsib fP>carrying out the plan and returning collected data to SANDAG as a delivet'abiec' Standardized `fq ,,required for data collection will be provided by SANDAG.• Grantees are encouraged to use the National Bic le;and/edestrian Docurnerytation Project methodology and plan for the following: * Conduct counts prior to project: rtion, during3Anal Documentation Days in the second week of September. Su' counts anda'veys can be conducted during January, May, and July to provide onal liat ,; ifdlesired. Conduct counts for two ;hours, at p ' `. timetimeecetEitive,koihe facility. For example, facilities attracting utilita traps: +ould be r.tn a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., wa rfacih :.attractin recreational trips should be counted on a Saturday, from 9 to 11t In the case that the ab tirxf' r ,c eem infeasible due to the project schedule, the Grantee and---SANDAG wi \ rolfOorate iim itst.alternative data collection methodology and proced urn A s_at of Grantees m beselect ft , in-depth evaluation by SANDAG, in which case, SANDAG will co t:t the data cone d effori With required participation from Grantee staff. Such in-depth evaluati' _conducted b \ 5 NDAG will take lace sole) for the �. :,, y � . P Y purpose of SANDAG Active Tran (\t€tion dataf` Olection and monitoring efforts, and will not impact Grantees' budgets. Grantees should put? Oddget five thousand dollars ($5,000) for data collection. For questions or assistance with dated collection, contact Christine Eary at Christine.Eary@sandag.org, or (619) 699-6928. 3. Design Development and Community Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 37 4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG 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 quartepty reports and invokes to SANDAG, dei:aiiirng accomplishments in the quarter, anticipated pr6tress next quarter, pending issues and actions toward resolution, and status of budget and sc tiedutde. Furthermore, the Grantee agrees to provide project milestone information (such as preseA .• ..s_to community groups, other agencies, and elected officials, ground-breakings, and ril# o4 cu„to support media and communications efforts. 6. Media and Community Outreach Coordinatii_Press materials shall beovided to SANDAG staff before they are distributed. SANDAG logo(s)'skist.ld be included in press 7ials and other project collateral. Furthermore, the grantee agrees`t } rpvi p Sject mileston&tiTformation to support media and communications efforts. 7. Photo Documentation: Grantees afe r- nsible for the"(#owing photo documentation: •tip.. Before and after photos, which ulci-be_tiaktn. from sir�api,angles to showcase how a particular area has been transformecl.dyer time; fi Project milestone,jatiott4Istich as gro IFfieldngs and ihbon-cuttings). Photos taken tjx agfiout o struction ses"and throughout the length of the project. ( Photos should be :resoluti q (at least 4 irides by 6 inches with a minimum of 300 pixels per inch) and contain ca tbolls,a .. .descriptions, dates, locations, and the names of those featured, ifappropriate>.\ • S. Pro. Ignag . ch.,proje' r\program in excess of $250,000 funded in whole or in part by rev tie from the Tran t,,Extens rl,Ordinance shall be clearly designated during its construction or II ementation as belytkrovidee y such revenues. SANDAG will provide sign specifications. Grann e�e es to follow skip ipecifications and submit proof files to SANDAG for approval before printing. 9. Performane3;.04101rtitfrigitIgi SANDAG staff may measure performance of the constructed capital ents wct�ad o- r ll improvements eya, ��.�t� project objectives, and evaluate the overall grant program. Grantee is expected to meet wiftANDAG 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 Seiection. Upon request by SANDAG, Grantee must submit consultant draft Request tor Proposals to SANDAG staff for .review and comment for consistency with the agreed upon Scope of Work with SANDAG (Attach Brit A). 3. Quarterly Reports. Grantee must submit quarterly 'epo is to SANDAG, detailing accomplishments in the quarter, anticipated progress nexklquarikt pending issues and actions toward resolution, and status of budget and schedule. '. -' ` ,. /" 4. Stakeholder and Community Meetings. Grant -must provide SANDia -wwith advance notice (preferably within two weeks) and agendas of s ;keholder end commuu;meetings, and a meeting summary following the meeting. SANDAG `f niay att.tiPd tiny meetings appropriate. 5. Media and Community Outreach Coordination. Phis rrpterials shall be provided to SANDAG staff before they are distributed. SAN'l iG logo(s) should beso.uded in press materials and other project collateral. Furthermore, the Gr*teeligrees to provid ..project milestone information to support media and communications effo 6. Photo Documentation. Grantees are res sible,f tNia. c ing photo documentation: / • Existing conditipilt ott , Which shoes"litk,strate the current conditions of the project site and demonstrate "the neaffiDr improvestlities • Project mileste photos ,ch as workshops, presentations to community groups, other agencies, and elii offiials) Photos shd• aye hresolon Sat least 4-41es by 6 inches with a minimum of 300 pixels per inch) ariikontaiir:tetObn5 witk project descriptions, dates, locations, and the names of those feat #, if appropriate: 39 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and rransNetfrA Active Transportation Grant Program Quarterly Report • • Report Submittal Date: [Insert] Reporting Period: [Insert - Example: FY 2014, Quarter .I i • 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 iieriod. In a bullet format, reference specific tasks.] Example: • Task 1 - Award Consultant Contract: issued REP 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 contractwith XYZ Group on January 1, 2014. City staff held a kick-off meeting on January 10, 2014. • Task 2 - Publk 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 4- bri or l7sFarri, 2014timeframe. • Task 3-Etc, • Ifrol: 4 - Etc, 2. Deliverables Produced This Reporting Period [INSTRUCTIONS:..Summarize the deliverables produced during this period and indicate the date submitted to.SANDAG. Deliverables c.an be submitted as are 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.] 5. List of Attachments [INSTRUCTIONS: List any deliverables or invoice documents attached to this report. Attachments over 6MB should be sent via WeTransfer.] WeTransfer Link: 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 (if Different from Grant Scope of Work) Anticipated Completion (if Different from Grant Scope of Work) NTP Pete Task .1 [mm/dd/yy] ` [mr,/dd,yy]., [in Progress/ Completed/ Not Started] On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 2: Policy No. 035 Milestone [rnmldd/yy] [rnm/ddiyy] [inn, Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 3: Policy No. 035 Milestone [mm/dd/yy] [mm/dd/yy] [In Progress/ Completed/ Not Started] ;On Time/ Delayed] [mm/dd/yyj r f ri riVr]rifyy, • 41 PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS Challenges and Actions Toward Resolution (If applicable) [INSTRUCTIONS: If you are experiencing challenges in completing project tasks, please provide information about the delay and actions taken to resolve issues. If an amendment is needed, provide justification and check the appropriate box below.] ❑ 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. it is the Grantee's responsibility to ensure compliance with SANDAG Board Policy No. 035: Competitive Grant Program Procedgres and grant agreement terms and conditions. PART 4: PROJECT STATUS REPORT SIGNATURE Prepared by Date: Project Manager. 42 INVOICE INSTRUCTIONS Step 1: 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 Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant Staff Costs should be supported by certified payroll documentation Consultant costs should be supported by the consultant invoice AND a proof of payment. The proof of payment can be either a copy of The check provided to the consultant or printout from the project's financial accounting system showing that funds were'thsbursed Contractor costs should be supported by the contractor invoice, schedule of values, AND a proof of payment The proof of payment can be either a copy of the check provided to the contractor or a printout from the project's financial accounting system showing that funds were disbursed. Other costs should be supported by either an invoice from the vendor or a receipt AKD 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 project's financial accounting system showing that funds'were disbursed. Clearly identify (i.e., highlight or circle) all grant -related expenses on documents that include nonoed costs. Step 3: Complete the Expense Summary. Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurred during the reporting period. Confirm that: you have the adequate documentation. Break down each cost by task. This will help with the next step to complete the invoice statement Double check and make sure all sub -totals have been calculated correctly. Step 4: Complete the Invoice Statement Enter the costs for each task (calculated in Step 3) into the appropriate cells of the Invrnce Statement. The SANDAG contribution, match contribution, and retention amounts should automatically calculate. Enter previous costs by task into the appropriate cells of tfie.spreadsheet. The. remaining grant balance should automatically calculate. Step 5: Submit Quarterly Progress Report, Invoice,,and Supporting Documentation to SANDAG at sgatgrantst san daq.orq Sign and scan the completed Quarterly Progress Report. Submit it in PDF form Sign and scan the invoice. statement. Submit it in PDF-form Submit supporting documentation in PDF form. Submit the completed Excel worlcbOok Files in excess of 6MB anould be submitted yia: htt s:://(sandaq.wetranifer.com 43 4 PART 1: STAFF COSTS Personnel Staff Person A Staff Person B Staff Person C [INSERT ADDITONAL LINES AS NEEDED] Time Period mm/dd/yy to mm/dd/yy mm/dd/yy to rnm/dd/yy mmlddlyy to mmlddlyy Hours Hourly Rate 10 $ 10 $ 10 $ Amount Documentation Attached? 10000 $ 1,000.00 YES; NO 100 00 $ 1,000.00 YES/NO 100_00 $ 1,000.00 YESINO PART 2: CONSULTANT/CONTRACTOR COSTS Consultant/Contractor Consultant XYZ Consultant XYZ Consultant XYZ Outreach Organization ABC [INSERT ADDITONAL LINES AS NEEDED] PERT 3: OTHER COSTS Vendor VendorA Vendor Et VendorC [INSERT ADDITONAL LINES AS NEEDED] Invoice No. Invoice No. Invoice Date Description of Costs. 1 1l'(/2014 Professional seances for the melith of January 2014 2 2/1/2014 Professional services for the' • month of Fe6t 2014 3 3/1/2014 Professional serve es'for the month of March 2094 3/1/2014 Outreach from January 2014 to March 2014 Invoice Date Description of Costs 1 1/1/2014 Printing costs for January 2014 1 2/1/2014 News Announcement for February 2014 Workshop 1 2/28/2014 Snacks for February 2014 Workshop 45 Amount Documentation Attached? $ 10,000.00 YES/NO $ 10,000.00 YES/NO $ 10,000.00 YES/NO $ 10,000.00 YES/NO Amount Documentation Attached? $ 100.00 YES/NO $ 100.00 YES/NO $ 100.00 YESINO To: From: TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE SUCII MUKHER JEE SANDAL 401 B Street, Suite 800 San Diego, CA92101-4231 Name Address Project Name: [PROJECT NAME] Contract Number: 500XXX Grant Invoice Number: Billing Period: FROM Invoice Date: DATE Grant Award:,' $0.00 Balance Remaining $0.00 TO TASK 1 �! Previous Balance Current MMIDI3/YYYYtoMM!DD/YYYY Total aDinaas SANDAG Total Match Spent Relmbursad to Date Match to Data Total to Date Staff Costs Conffiuttent or Contractor Costs Other Crusts Thus Inc This Invoice This Invoice RFP 50.00 $0.00 $0.00 $0 00.. $0.00 $0.00 :$0.00 $0.00 $0.00 2 Existing Conditions Repor: I 0.00 $0.00 $0.00 , `$0.00 $0.00 $0.00 :0100 $C0.00 $0.00 3 Public Outreach :i0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ,$0.1)0 $0.00 $0.00 4 Draft Plan ii0.00 $0.00 $0.00 $0.00 $0.00 $0.00 :$0.1)0 $0.00 $0.00 5 Final Pian ;30.00 $0.00 $0.00 ,-$0.00 $0.0� $0.00 :$ilX) $0.00 $0.00 Total 80.00 $0.00 $0.00 $0.00-[ $0.00 t$0.00 $0.1)0 $0.00 $0.00 Toth l Current Expenditures: $0.00 Total Amount Due this Invoice: $0.00 Lew 10% Retention: $0.00 Match % Met to Date: w #DN/0! Total Project Budget {Grant + Match} Task 1 $0.00 Task 2 $0.00 Task 3•, $0.00 Task 4 ; $0.00 Task 5 $0.00 TOTAL $0.00 SANDAG Grant: $0.00 Match: $0.00 SANDAG Contribution % #DIV/0! Required Match % ' #DIV/0! 46 CERTIFICATION OF GRANTEE i hereby certifythat the above cos +_s were incurred in performance of the work required under the grant and are consistent with the amounts evidenced by attached supporting documents and expenditures. Signature Printed Name and Title Date CC/CDC-HA Agenda 3/17/2015 — Page 156 The following page(s) contain the backup material for Agenda Item: 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 Kimball Park Smart Growth Improvements in the amount o CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 AGENDA ITEM NO. ITEM TITLE: 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 Kimball Park Smart Growth Improvements in the amount of $2,000,000, and accepting the terms of the Grant Agreement, and committing to providing a local match of $300,000 PREPARED BY: Kuna Muthusamy DEPARTMENT: ngineering/Pubiic Works PHONE: 336-4383 APPROVED BY: 't EXPLANATION: This project is a comprehensive public infrastructure project that will influence land development by improving the public realm and creating a sense of place in National City's Downtown Community. The project will include construction of two new restroom buildings, an enhanced central plaza with lighting and other amenities, construction of a skate park, and trail connections which will directly link the enhanced Kimball Park facilities to the Paradise Creek Pedestrian Trail and the Downtown Westside Connections Smart Growth Project (under construction). The project area is bounded by A Avenue to the west, E. 12th Street to the north, D Avenue to the east, and E. lfith Street to the south. It shall be noted that the Grant Agreement contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in this grant -funded project is limited to accounting processes and financial audits. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS If grant funds are awarded, staff will return to Council to accept the grant and to appropriate funding ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Conceptual Exhibit 2. Sample.Grant Agreement 3. Resolution CONCEPTUAL EXHIBIT (page 1of2) Project Vicinity Map -Sites f Entitled Development 11111 Infill Sites (riot yet entitled) Previous Smart Growth Projects Kl� Pewk owt. + YO'UIJHi# 1 Entitled Developments ® WI-TOD 0 PARK LOFTS Inn Sites (not yet entitled) Q PARK VILLAGE ® REVOLUTION DEVELOPMENT II H & M GOODIES REVTTALIZATION March 2015 2015 CONCEPTUAL E%H7:BIT (page 2 of 2) Project Vicinity Map -Routes Legend Future Pedestrian Path = Future Class I Regional Bike Path (SANDAG) Future Class II and III Bikeway Existing Class I - Regional Bike Path *r•*. Existing Class II - hike Lana Existing Class 111- Bike Route magi Blue Line Trolley Route 0 Regional Transit Station • Regional Bus Stops (wi thi.i VA mile of site) Park_ Sewart rovniv I mew VIATMNALCIfy nik March 2015 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 NAM„E], REGARDING [INSERT FULL PROAEa "f THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agree ;made this [Day] day of [Month], 2015, by and between the San Diego Association of rn ,.401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAG,tadd`the [Gran ient and Address], hereinafter referred to as Grantee. This agreement expiFeg can [Month] [Da fear]. Note to Grant Recipient; This Agreement TemAtte covers pvisions for the SGIP and ATGP. Prior to contract execution, the Granf eme r'�. rrll be tailors e reflect the applicable grant program. Note to SANDAG Contracts Staff: Prbr1O eternal routiffe , references to SLIP and ATGP should be updated as applicable. The following recitals are a substantive pa-t,this Agrrrse_ �. Note to SANDAG Contras off: Select der//9i? Recita'or ATGP Recitals. Smart Growth Incest M21 Prog of:r" '(SGIP) Rer '',. is (A — J): A. The SANDAL Boa402t Dire aitocates fuiufsIinder the TransNet local sales tax program to support local transpb(toielategli siru re projects in the San Diego region through a CO r9ixittiThii.brocess. B. >TransNet Exkn foram (SGIP): wh'I integrate tran inte._smart growt C. In Janua10, th Grant Prog ;I'r Grant Award, Dement and the Grantee's performance thereunder are subject to Board Policy No. 35, which includes rr,uiiiple "use it or lose it" provisions. Or� contains provisions to fund the Smart Growth Incentive nding fin on April 1, 2008. The SGIP encompasses projects that ation and land use and recognizes the comprehensive effort to -place making, access to transit, and environmental justice. DAG Board of Directors approved Board Policy No. 035 — Competitive res (Board Policy No. 035), which is included as Attachment B. This 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. 12 Grantee successfully applied for TransNet SLIP funding for the [Insert Project Name], as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff; Before finalizing this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MJPO ID required to complete Recital G, below. G. 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 andiditions for SANDAG to • provide Grantee with funding to implement the Project�'f I. Although SANDAG will be providing financial assis!,,a0ce<'to Grant support the Project, SANDAG will not take an active role or retain sub areal control of t e- Project. Therefore, this funding a Agreement is characterized as a g g firrient rather than a ce.ezative agreement. \-,.?A, J. Grantee understands that TransNet funds derive i'i which fluctuate. SANDAG's fundin,commitment to subject to these fluctuations, whi Fit pact fundingikability for this Project. iat1;transactions and use tax revenues Projects, including this Project, is Active Transportation Grant Program GPI). (A - L)`"\ •., \4 A. The SANDAG Board of Directors ailoc,fundsr'nsNet local sales tax program and the Transporta it elopment Ats' [. •to supportlocal bicycle and pedestrian transportation ppitiectsirrikut 'San DiegoDiego itgicrithrough a competitive process. .` cite contains visions to fund the Bicycle, Pedestrian, and iiirft funding began on July 1, 2008. The BPNSP destrian-.projects and recognizes the comprehensive effort place making ttcess to transit and environmental justice. B. The TransNet Edon Ord' Neighborhood Safi'PK) encomp sses_bicycle to Infig9,tirt gro C. /Ankle 3 of the TD vides D. Sher the TransNet NSP and'TDA Article 3 funding are commonly referred to as the SA Active Trans}iartation Grant Program (ATGP). I E. In Januar . 10, th DAG Board of Directors approved Board Policy No. 035 — Competitive Grant Progr` Grant Award, rig for Bicycle and Pedestrian Facilities and Programs. ic+res (Board Policy No. 035), which is inciuded as Attachment B. This to rnent and the Grantee's performance thereunder are subject to Board Poiicy No. '35, which includes muitiple "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. 13 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 ID required to complete Recital I, below. :. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in TransNet BPNSP funds and [insert dollar amou Jo TDA funds, and the TransNet MPO ID for the Project is [insert ID number] and the,) A. laim Number is [insert claim number]. J. The purpose of this Agreement is to establish the ter mrr' 'con tlitions for SANDAG to provide Grantee with funding to implement the Pr,t. K. Although SANDAG will be providing financial stance to Grantee to s,rt the Project, SANDAG will not take an active role or retair tantial corol of the Pra Therefore, this Agreement is characterized as a funding aglwntag4'than a cooperve agreement. L. Grantee understands that TransNipti4cterive from r 'transactions and use tax revenues which fluctuate. SANDAG's fundin ' to ATGP tts, including this Project, is subject to these fluctuations, whichty imp & tong avai y for this Project. NOW, THEREFORE, it is agreed as follows: I. DEFINITIONS f 1 A. Application. e r fined and -dated grant kcation, including any amendment thereto, with all explanatol, Sapp mod -supple tary documents filed with SANDAG by or on behalf of the Grantee ivi'. cepthil. Ve'd by SANDAG. All of Grantee's application ma alit tttcpnfli this Agree'titient, are hereby incorporated into this Agreement ,altfi6tigh fulT'y- f .rth h B. ' . proval, Authaii -Qr,il, Co rence, Waiver. A written statement (transmitted in itten hard copy or'.electronically) of a SANDAG official authorized to permit the Gra take or orlon action required by this Agreement, which action may not be taken or omi' .-.+:without swrwritten permission. Except to the extent that SANDAG determines otherwiseXzWri94.046 approval, authorization, concurrence, or waiver permitting the performance os'ion of a specific action does not constitute permission to perform or omit other simir ".actions. An orai permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is included in Attachment A. Note to Grant Recipient: Only the applicable grant program will be referenced here. 14 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 RPNSP and TDA Article 3 funds.] E. Grantee. The local jurisdiction that is the recipient of [SGiP or ATGP] funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the r_rantaa to prnraari ti ��ith a!! or oportion of the work d scribe the Scope f Work. - r-• .. v c work �. eau Ivc�I�iJ i the .7l.U�JG V I l�VUf R Grantee shall not proceed with the work and shall not be eligi , p'eceive payment for work performed prior to SANDAG's issuance of a Notice to d. G. Subgrantee. Any contractor or consultant, at any tier. a 'di flowing from this Agreement for the Project. PROJECT IMPLEMENTATION % !`A General. The Grantee agrees to carry out theft as foUdo: Project Description. Grantee agrees to perrtrittwwork as described in the Scope of Work included as t,ment A. 2. Effective Date. The effecti 4 tia�'IsAgreemen�\or any amendment hereto is the date on which this Agreemen o an a.is fully` etuted. The Grantee agrees to undertake Project work pro�my after it iNotice to Proceed from SANDAG. 11. A. 1. or indirectly with funds 3. Grantee's optlk,The GranteehryagOeyto maintain or acquire sufficient legal, financial nicai, al id_manageriaF'acity to: (a) plan, manage, and complete the Project a ;provide fo the use of aryPioject property; (b) carry out the safety and security asp ;-Of t F and (c) mply with the terms of the Agreement and all applicable la pp wsx tioii�;iitriiijcies"pertaining to the Project and the Grantee, - lnctuti °but no iilt0 to the Tt*Oet Extension Ordinance and Board Policy No:03 \. / ‘• Project Sches!4. The Gr.irtee agrees to complete the Project according to the \\ Project Scheduf •3ticluded in Attachment A and in compliance with Board Policy \,��N 035, as ame , and included as Attachment B. 5. Prbfleet:implafigentation and Oversight. Grantee agrees to comply with the Proje\Ct eitientation and Oversight Requirements, included as Attachment C, and Board P ha, 035, as amended. 6. Changes to Projects Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG [SGIP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [SGIP or 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. Media and Community Outreach Coordination. The Grantee agrees notify SANDAL of any media and community outreach efforts, inclOing presentations to community groups, other agencies, and elected officials. a114-,antee agrees to assist SANDAG with media or community events related to t iPmfect, such as ground breaking and ribbon cutting. Press materials shall be•ied to SANDAG staff before they are distributed. SANDAG logo(s) should be i ess materials and other project collateral, but may never be included)a docu •without advance • As part of the quarterly reports submi to SANDAG the Grant es to provide project milestone information to suppo pia anmunications o%#s. SANDAG reserves the right to use the information p !`*ie Grantee for an♦i combination of the following, including b t not limited to: ja];'media posts, online photo albums, videos, press releases, Pow -presentations, ' ,pdates, newsletters, and testimonials. In submitting .' . - 5;4'SANDAG, the flee agrees to release the rights of the photos to SANDAG for approval from SANDAG. use. . 8. Project Signage and Designa of T sftaeilled Facilities. Each capital project in exec caf: 59,000 fun fe or in pat by revenues from the TransNet Extension d$ane 11 be clear tloitgnated during its construction or implem ton as b 9 provided b i venues from the TransNet Extension Ordinance. Grantee agr '' e! specifLcations. S D.± `Ebr.. appr • • 1tProject Siege Specifications. SANDAG will provide sign 0 agre644,16111OvOign specifications and submit proof files to :before printing. g. i' Baseline D 4' ,olle ;for capital projects, Grantee is required to coordinate with .� SANDAG sta *,he devment of a baseline data collection plan in accordance . w th the Projec Implementation and Oversight Requirements. B. Applitii of Lave Should a federal or state law pre-empt a local law, regulation, or the TransNet sio/n4pcifnance, the Grantee must comply with the federal or state law and implementing ,r s. No provision of this Agreement requires the Grantee to observe or enforce compl'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. 16 C. Notice Regarding Prevailing Wages. SANDAG's ISGIP 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 almost all Project responsibilities to one or more subgrant rather than any subgrantee, is ultimately responsible f regulations, and this Agreement. Mee may delegate any or Grantee agrees that it, oe with all applicable laws, E. Third Party Contracting. Grantee shall not avl;contracts over th;thousand dollars ($3,000) on the basis of a noncompetitive prent for wprk to be pe ed under this Agreement without the prior written approva «Ifi NDAGc'Co)tracts awar lby Grantee, if intended as local match credit, must meet the rec 4 i set forth in this Ag reement regarding local match funds. 1. If Grantee hires a consul fry out profes (.,services funded under this Agreement, Grantee shall. paes tcependen Estimate (ICE) prior to soliciting proposals; publicl�al.vertise competing proposals for the work; use cost as an evaluation factor ilkecti '-nt; document a Record of Negotiati sestablishin6 amount paid by Grantee for the consultant 5 service) far' and sonable; aid pass through the relevant obligations in this Agre4tioth to the ultant. \ 2. If Grante s ,. , to car tut construction services funded under this __Agreement, rn e'e shall'- a a?i ICE (e.g., a construction cost estimate) prior to itirr.bids; #cly advertise -or competing bids for the work; award the work to the ow espon -and responsible bidder; document a RON establishing that the amount p ti-by Gra '.:for the construction services is fair and reasonable; and \ pass through the releva 'obligations in this Agreement to the contractor. G. Grantee's Responsi ley to Extend Agreement Requirements to Other Entities 1. . Grantee agrees to take appropriate measures necessary to ensure 'participants comply with all applicable federal laws, regulations, and sting 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. Ent that a policies a 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a 17 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Flowdown. The Grantee agrees to include in each document (subagrreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. No SANDAG Obligations to 1-Wrd-Parries. In connection with /.�..".�e Project, the Grantee agrees that SANDAG shall not be subject to any obligations or i *Mies to any subgrantee, lessee, third -party contractor, or other person or entity tha,14 net a party to the Agreement • for the Project. Notwithstanding that SANDAG may have ` ain or approved any solicitation, subagreement, lease, or third -party contratt'any t ' QNDAG has no obligations or liabilities to any entity other than t ,Gentee, inclu• * any subgrantee, lessee, or third -party contractor at any tier. j` H. Changes in Project Performance. The Gran agrees torltify SANDAG diately, in writing, of any change in local law, conditions (irrqu d ng siegal, financial, or`ttechnical capacity), or any other event that may adversely aftthie•Grantee's ability to perform the Project in accordance with the teraii -o&.the Agreemen as required by Board Policy No. 035. The Grantee also agrees SANDAG imme torfely, in writing, of any current or prospective major dispute, breach, au t; Xll ation thatthatiklaV,adversely affect SANDAG's interests in the Project and agrees t *form S,did A .also in Wiriting, before naming SANDAG as a party to litigation for an teasonf,46 ry } ;-, t a minimum, the Grantee agrees to send each dais SANDAG I qgj l: iy this suction to SANDAG's Office of General Counsel, I. Standard of Cam, The Grat ee_expressly v i nts that the work to be performed pursuant to this Agreement afth,e/gi , in accnce with the applicable standard of care. Wherepproval by S AC; !ts Exe rdctor, or other representative of SANDAG is insiitlited i thtScope o drk it is understood to be conceptual approval only and does not tjethe Grafl4 f respb i,lity for complying with all laws, codes, industry standards, arid liability for dais cau ,lt*.negligent acts, errors, omissions, noncompliance with NIZdistry standards, *dip willfulisconduct of the Grantee or its subgrantees. III. ET A. Grantee e of 1uct/Standards of Conduct. The Grantee agrees to maintain a written code f act or standards of conduct that shall govern the actions of its officers, employees, cou or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with [SGIP or ATGP] Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de 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 18 positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or iocai 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 [SGIP .ifiTGP] Funding if a reai or apparent conflict of interest would be involved. Such a PP ,Oct would arise when an employee, officer, board member, or agent, includir; ny';nember of his or her immediate family, partner, or organization that intends to employ, any of the parties listed herein has a financial interest -in :firm corirting for award. 2. Organizational Conflicts of Interest.FieGtantee agrees that code of conduct or standards of conduct shall include prort#s for iden ifying and p ling real and apparent organizational conflicts of inter An or tional confli .t interest exists when the nature of the work to be p`. ', : eider a proposed third -party contract or subagreement m , without some *lions on future activities, result in an unfair competitive adva g othe third -pa ,tractor or subgrantee or impair its objectivity in performing 0.' i _work. \ E. SANDAG Code of Conduct. SAND ,has este 'policies`twpricerning potential conflicts of interest. These policies apply to GraFor y no a101),SANDAG, any practices which might result in unlpitirtitaivity are prdtt i,tA `tuding, bit not limited to, rebates, kickbacks, or otf urd X considerati . ,'NDAG staff members are specifically prohibited frot pallicipatin0 in the selectOnprocess when those staff have a close personal relationship, fa relation i or past (wi if,the last 12 months), present, or potential business or employ k;o.4faf6 With a pon or business entity seeking a contract with SAND> 4-unlawfuft.r any contr'atto a made by SANDAG if any individual B { 'i4taff hlto prohibited financial interest in the contract. Staff are also ,,Silefflibited fronisgBdtjng giNfroapting gratuities from any organization seeking funding from \.SMDAG. SANDAG \f cers, a foyees, agents, and Board members shall not solicit or 'accept gifts, gratuitie favors, or anything of monetary value from consultants, potential has nciViowledge off con its, or parties tosubagreements. By signing this Agreement, Grantee affirms that it n;ethical violation by SANDAG staff or Grantee. If Grantee has any reason toieve a ict of interest exists with regard to the Agreement or the Project, it should notiIiititi. ijA6 Office of General Counsel immediately. C. Bonus or Comnitission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its [SGIP or ATGPj Funding appiication for the Project. D. 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. 19 IV. AMOUNT OF FUNDING ASSISTANCE The Grantee agrees that SANDAG will provide [SGIP or ATGP] Funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $ „ or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is percent L%). SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application for funding from SANDAG for the Project is the amount that forms the basis upon which SANDAG determines the IVlaximum SANDAL Amount Awarded and Maximum Percentage(s) of SANDAG Participation. V. MATCHING FUNDS are needed for Project costs. \ ..� B. Prompt Payment of Matching Fs. Th� agrees10provide the proportionate amount of the matching funds prom bi k•.as it inc l cost 'or Project costs become due. Each of Grantee's inv ' _must indu•,pro-ma£tiag Fund contribution as reflected in the Approved Pro' gfk>plong witk yfing, descriptive and/or explanatory documentation.fie mah1itg funds p'ed. . C. Reduction of 11 d :- tS .: 'rig FJdtSi The Grant Igrees that no refund or reduction of the amount of matching :40041 ade unl 'at the same time, a reduction of the propprtiOnaSrrjount o 't11e;.[SGIP or f .j nding provided is made to SANDAG in order to rr ' reNla um Pe tage(s) of SANDAG Participation. 1A. `,'APPROVED+ PROJ '- UDG L Except t8 extent that SA °'I G determines otherwise in writing, the Grantee agrees as follows: The Granted SANDAG h+e a reed to a Project budget that is designated the "Approved g9 g Project Budge 7 The Gran*;will incur obligations and make disbursements of Project funds only as authorized byl ,,R Project Budget. An amendment to the Approved Project Budget requires the issuance Ye s; orma! amendment to the Agreement, unless the re -allocation of funds among burr et items di -fiscal ears that not : ,z the total of le.., CIP or TGP] _ ...�.. y .�..�.^C.'�Gs`..�Cx.oi amount t�1a. [�voc AMP] 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. Grantee has proposed to provide matching funds for the Pro nd it fore agrees as follows: A. Duty to Obtain Matching Funds. The Grantee'5 to provide ssdent funds or approved in -kind resources, together with the or ATGP] Funding ird.ed, that will assure payment of the actual cost of each Pr',activity co red by this A ent. The amount of matching funds and percentage(s) o ° hin _ ; Otis Grantee sha .,ovide are set forth in the Approved Project Budget. The Grantedai 'Pcomplete all proceedings necessary to provide its share of theProject costs at ojore the time the matching funds 20 VI1. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: i. Request or obtain matching funds exceeding the amount joitificd by the matching share previously provided, or j i' 2. Take any action that would cause the proportion o _ATGP] Funding made available to the Project at any time to exceed th e tent authorized by the Agreement for the Project. �' • . B. Payment by SANDAG. Upon receiving a req 4tfor payment and ad\eqmerte supporting information, SANDAG will make payment, [Sf t projects vy TDA fundi authorize the ti r' County of San Diego to make payment] for eligi 0,4i1mtlfx Rio Grantee withi 'thirty (30) days if Grantee has complied with the requiremen 'cxf:t;Agreement, including submission of a Quarterly Report which is incli.itlekas Attachmen F has satisfied SANDAG that the [SGIP or ATGP] Funding requestect(in1e .vfor Project ' ses in that requisition period, and is making adequate progress trued com letio intent with Board Policy No. 035. After the Grantee has demgrated 't'",-tiestiitt9ni compI arice with the preceding requirements, SANDAG may reimburs.dip Gran**.iliwa.tent allowable costs incurred consistent with the 4giftired Project B 41 AG shy Tetain ten percent (10%) from the amounts invq#eedrtaisfactory cion of work. SANDAG shall promptly release retention am nksto Grange f C 'following a tee's satisfactory completion of work and receipt of Gran*;?,final incoe and all recyred documentation. C. Eligible Costs. Thelkariti"-agrees.tatfroLect costs eligible for [SGIP or ATGP] Funding must thptj inth,the foI o ving requir6t ts, unless SANDAG determines otherwise in vwrrfrjg: Tome gtbl,e for b,ursement, Project costs must be: Nl Consistent with the Proje Slope of Work, the Approved Project Budget, and other `:provisions of th�reement.. I 2. %sary in or51 r, o accomplish the Project. 3. Rear— 2401-the goods or services purchased. 4. Actual net -costs to the Grantee L c the price n-tinus any refunds, (��--. price paid, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). 5. Incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG. 21 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGIP or ATGP]. Q indirect Costs are only u!!owuule with prior S nnAV- aNjilval, Gra_ LCC must submit the following documentation as part of the grant applicatiocrials: (1) an indirect cost allocation audit approved by a qualified independent4idI or, or (2) the applicant's method for allocating proposed g indirect costs in a5izb te with OMB guidelines. Indirect cost allocation plans must be reviewed a6 .r ne annually. � v 10. Project generated revenue realized by the,*fie shall be uti din support of the Project. Project generated revenue andenditures, if any, shall reported at the end of the Agreement period. �. D. Excluded Costs 1. In determining the amours Project, SANDAG will exch.! or ATGP] Furd 9\SANDAG will provide for the a. Any Project cost incurred*the Gr Opfpre eiTer the date SANDAG issues a Notice to Proceed to Gran ,or thetittec*:6W of the Agreement or any Amendni&&t'+thereto; .` b. A tit that is aot included,irtae latest Approved Project Budget; c. Any ^For Pj {kperty or' etvices received in connection with a subagre entF koase t ]rt' pi , y`contract, or other arrangement that is required to pe, but Fiiks not been, co?io rred in or approved in writing by SANDAG; and d. Any';.rneliaib]3rSANDAG participation as provided by applicable laws, regulat or polite;` 2.` .. C"iertain costs ates associated with bicycle and pedestrian projects are not eligible vat.the bene provided is not the exclusive use of bicyclists or pedestrians. These ins *are t below. a. Cci gutter are part of the roadway drainage system. As such, newly ins lied curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. b. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may nu: include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per -square - foot cost of the sidewalk. 22 c. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. d. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. in such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. E. The Grantee understands and agrees that payment to the Gra;tor any Project cost does not constitute SANDAG's final decision about whether thaI. ost :s allowable and eligible for payment under the Project and does not constitute a w 0 fir. violation by the Grantee of the terms of the Agreement for the Project or Bo r cy $, The Grantee acknowledges that SANDAG will not make a final e;mination a allowability and eligibility of any cost until the final payment h9s' n made on the Pr j t,or the results of an audit of the Project requested by SANDA r lts' Indepen ent Taxpayers oversight Committee (ITOC) has been completed, whicheteroccurs I • If SANDAG ermines that the Grantee is not entitled to receive any portion :-or ATGP] Fundin' requested or paid, SANDAL will notify the Grantee in writing, sta ` its reasons. The Grantee agrees that Project closeout will not alter the antee's responsibili b: eturn any funds due to SANDAG as a result of later refunds, corre 0"s, *rmance defic 61146s, or other similar actions; nor will Project closeout alter SANDAG'S;riht ttrtiO wcosts ar �re?cover funds provided for the U Project on the basis of a later audit orirer revs ri,notifikation to the Grantee that specific amounts are owed to SANDAGVuteth for exc ppyments of [SGIP or ATGP] Funding, disallow cti,44: /ir:funds reco e# m third parties or elsewhere, the Grantee agrees toprom fnittb<ANDAG the rn rots owed, including applicable interest, penalties and raistrative charges. l VIII. ACCOUNTING RECt� _� \� In compiia e with ap. Iicable1 wsb regulations; -and policies, the Grantee agrees as follows: •A. Eject Accounts\Tie Gran agrees to establish and maintain for the Project either a ' crate set of accotAitor sepa a accounts within the framework of an established a sting system th,n be identified with the Project. The Grantee also agrees to main iti'vlocumentatOn of all checks, payrolls, invoices, contracts, vouchers, orders, or other accountV,d9cuments,y6lated in whole or in part to the Project so that they may be dearly identified:1,Aily,iiicastibler and available to SANDAG upon request and, to the extent feasible, k p ste from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. The Grantee agrees to submit to SANDAL 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 fo,rthme years thereafter from the date of transmission of the final expenditure report, the)4 n agrees to maintain, intact and readily accessible, all data, documents, reports, re , con and supporting materials relating to the Project, as SANDAG may r'' D. Access to Records of Grantees and Subgr tli: The Grantee agre to permit, and require its subgrantees to permit, SANDAG ol•h tthorizeresentativ pon request, to inspect all Project work, materials, payrolls, an. - dam atp 1 to audit the o'ks, records, \\ \ F. Quarterly Reports. Grantee shall suijt writte;urly reports to SANDAG detailing the progress of its work, expenditures inc d, an ..moo mat a-p?egarding whether the Project is projected to be col Ieted% thin the li *re Approved Project Budget, Project Schedule;:, cons t with Bo P61icy No. 035 and any policy amendments thereto. Gran ; \II docu Yt the prog and results of work performed under this Agreement to th *factj't:-SA DAG. t4ncludes progress and final reports, plans, specifications, estim''i{iti htftFl ;e#eace ;attainment of the Agreement objectives, whi < re nested b7$AiNbAG or I 'antee may be required to attend meetings of pEG=stafa":(1i commis +esy including but not limited to ITOC, the Regional Planning ,rnmittee; the ortatika Committee, and the SANDAG Board of Directors, to report on *'progress and res to que ems. G. Co data r socio andNtkcOnomi5, growth date., � . Project C4"zx� plet nil a, Audit, Set, and Closeout and accounts of the Grantee and its subgrantees pgto the Project. E,“ Project Closeout. The Grantee t that Project closb t*does not alter the reporting and record retention requirements of tt t. cities Serve41;Oata and Report. If requested, Grantee shall provide SANDAG with r'riling how the Project's benefits and burdens were equitably distributed among }.ulations in the area affected by the Project, and associated smart 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 to have financial and compliance audits per fo j ed .:s SANDAG may require consistent with the TransNet Extension Ordinance. Th ritee agrees that Project closeout will not alter the Grantee's audit responsibilities. dit costs are allowable Project Costs. For TDA-funded projects: �/,, `✓ The Grantee agrees to have financial and co require consistent with Public Utilities Code the TransNet Extension Ordinance for TransNet closeout will not alter the Grantee's audit responsi costs. 7 . C. Performance Audit. The Grantee\gfrees any performance audit that is performs D. Project Closeout. Pr jpktsloseout occws,whet($#NDAGSArkilies the Grantee that SANDAG a,;applicable) etherforwards the final [SGIP or ATGP] Funding payment and opitknowle`d'that the ae has remitted the proper refund. The Grantee agrees that Pr tAANDAG d not invalidate any continuing requirements imposed by the Aent :unmet retrrments set forth in a written notification has closed the Pro), from SANDAG. ce audits performed' VDAG may 99245,fftTTDA funds; . «nsistent with ,,TI + ntee agrees that?roject Audit costs are allowable Project tperate wi�tltSAN,DAG or ITOC with regard to fie'rject purseto the TransNet Ordinance. E. P.940# ss.V ttee was ,rded thisAgreement based on representations in its grant `,lication rega ' inig::the Prr is intended use. If the Project is a capital project, Grantee "\ii6eby commits to hued ListOthe Project for the purposes stated in its application for a 3>id of at least five ears after completion of construction. SANDAG may require Grantee to ad SGIP fundin0 provided for the Project in the event Grantee fails to utilize the Projecf'its intend{ purposes as stated in the grant application or for any disallowed costs. Xl. TIMELY PlitiViC RIGHT OF SANDAG TO TERMINATE A. Grantee shall rn'e diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. 25 B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, inciuding Board Policy No. 035 requirements. c e Upon written notice, the Grantee agrees that SANDAG may sus 4-„4 or terminate all or any part of the [SGiP or ATGP] Funding to be provided for the Proiled,,if the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if,S:i NDAG determines that the purpose of the laws or policies authorizing the Projects! itjieadequately served by the continuation of [SGIP or ATGP] Funding for the Project.:' V '' - D. In general, termination of [SGIP or ATGP] Fundi E fior the Project will hptinvalidate obligations properly incurred by the Grantee fofe the termination dat the extent those obligations cannot be canceled. If, however, SNAG detees that the ' e has willfully misused [SGIP or ATGP] Funding by failir § )704,p dequate progress; or failing to comply with the terms of the Agreement, SANDAG-*rues the right to require the Grantee to refund to SANDAG the entire fxif.of [SGIP or Allittfttnding provided for the Project or any lesser amount as SANDAG i irae. . `. E. Expiration of any Project time perio iitgtablishe the ProjeeSihedule will not, by itself, automatically constitute an expiration rtermi ori"f illeAgreement for the Project, however, Grantee milii rt*est and SA DA may agree to amend the Agreement in writing if the Project Sciske'Wert t.be met.A .amendment to the Project Schedule may be made at SANDAG's dbatetion if Gr .ee's reques 'consistent with the provisions of Board Policy No. 035. ..`\ i XII. CIVIL MGM . The Gr e,-agreesI :ronply with. 0[1 applicable civil rights laws, regulations and policies and shall incl ke tFie provisions nf" ; s. Secri f2 in each subagreement, !ease, third party contract or other legany ;ding documen� ai. ; erforrn irk funded bythis Agreement. Applicable civil rights laws g PP � 9 , regulati Kid policies InclVdpi. but are not limited to, the following: A. Nondi lunation," NDAG implements its programs without regard to income level, disabiiity,'Tcc• col ,:,and national origin in compliance with the Americans with Disabilities Act and Title* 0, t "Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the pub .:'"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 eva!uation and treatment of their employees and applicants tor employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900, et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, et seq.). The applicable regulations of the Fair Employment and Housing/Commission implementing California Government Code Section 12990 (a-f), set forth in ChF;4't;tr 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated intoi,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 3oi ganizations with which they have a collective bargaining or other agreement. f XIII. OWNERSHIP OF WORK PRODUCT SANDAG shall own any deliverables created in wholvi.,jn pa SANDAG's befit pursuant to the Scope of Work for the Project. The term "deliv'eai e *tildes, but is not limited to, all original drawings, reports, photos, and other documents itichkI ng detailed calculations and other work product developed for the Projectilif'itrvi,,ces performe :the Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement sli`,h;{be int State of California. f \ accordance with the laws of the B. Dispute Reso c Proc ,In the ev t;;Grantee has a dispute with SANDAG during the performance ;,this,,,Agreentieht, Grantee teal continue to perform unless SANDAG informs Grantee in writin4 to°.ceasepea rmance. T1*e dispute resolution process for disputes arising under this Agreemer�, ibl:ise aS'fdt, :' 1,- Gra " II sub iit'')a statemerif of the grounds for the dispute, including all pertinent ates, na 'of persons involved and supporting documentation, to SANDAG's P -`t Dana The Project Manager and other appropriate SANDAG staff will review th "ddcumenta' ion in a timely manner and reply to Grantee within twenty ` (20 calendar _ys. Upon receipt of an adverse decision by SANDAG, Grantee may "s Wilt a requ fitt.for reconsideration to SANDAG's Executive Director. The request for rec rsideratitih must be received within ten (10) calendar days from the postmark date of 0/reply. i`he Executive Director will respond to the request for recons! :ton within ten (10) working days. The decision of the Executive Director will be in writing. 2_ If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. 27 C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. XV. ASSIGNMENT Grantee shall not assign, sublet, or transfer (whether by assignment orr4ovation) this Agreement or any rights under or interest in this Agreement. ;' XVI. INSURANCE Grantee shall procure and maintain during the period of j e rmance Tis Agreement, and for twelve (12) months following completion, policie/of;insurance fro : 'innsurance companies authorized to do business in the State of California`or iiie equivalent type rid.. amounts of self- insurance, as follows: �,\ i A. General Liability. Combined single limit of $4,,,0141Ii00'per occurrence and $2,000,000 general aggregate for personal and bodily injury, iritlyiiiiig death, and broad form property damage. The policy must inclu %f°ceptable of Transfer Rights of Recovery Against Others Endorsement." Thy: " came S . 'as an additional insured in the endorsement. A deductible or retenD,. ma034 ized, subject approval by SANDAG. , B. Automobile Liabili ._For personal a .bodiJy ry; i .ing death, and property damage in an amount not 1:h n L000,000. \ %,// C. Workers' Corflpansation 0.10 Employees Liability. Policy must comply with the laws of the State of Ca eamia. Th thick, must in� rde an acceptable "Waiver of Right to Recover From Others Endor � na .$ANDAGsen additional insured. D. Ot Rents. t;tee shall furnish satisfactory proof by one or more certificates ,, : jglinal copie fiat. jt ha he; foregoing insurance. The insurance shall be provided by an a� :eptauie insurar .to. providev, ak ,determines by SANDAG, which satisfies the foiiowing .ti um reauireme ".'•. \:' 1. • to Jnsurance cattier qualified to do business in California and maintaining an agent for f --:.itie. of pro 5; within the state. Such insurance carrier shall maintain a current A. est.,ra3g.;-classification of "A-" or better, and a financial size of "$10 million to $24 mi iess V) or better," or \_JY 2. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. E. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Insurance policies shall not be canceled without first giving thirty 28 (30) days advance written notice to 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 prevaiiina wage claims against the Project, assert„0.or established liability for damages or injuries to any person or property, including iaj y to the Grantee's or its subgrantees' employees, agents, or officers, which arise fr rn .or are connected with or are caused or claimed to be caused by the negligent, reeky ar hlful acts or omissions of the Grantee and its subgrantees and their agents, officers, :emplo in performing the work or services herein, and all expenses of investigatjactOd defendirtg g inst same, including attorney fees and costs; provided, however, trot to Grantee's duty ..' tdemnify and hold harmless shall not include any claims or liab ii ty. rising from the establi ei/V5ole negligence or willful misconduct of SANDAG, its Board of tikrtitors, aggrots, officers, or - r.:JOyees. B. Intellectual Property. Upon request by SANDA ;;tj1e•6rantee agrees to indemnify, save, and hold harmless SANDAG and i ` card of Director%.#71fcers, agents, and employees acting within the scope of their official t 09a.inst any lia ,,,including costs and expenses, resulting from any willful or inte onaf- q cln by thintee of proprietary rights, copyrights, or right of privacy, art lei out ?t$ tublicati , translation, reproduction, delivery, use, or disposition of any dat' 'furnish der he project. The Grantee shall not be required to indemr SANDAG for any#`>,Jlaiility cau�`s`ed solely by the wrongful acts of SANDAG empIoyit XVIII. INDEPENDEN TRACTS = _ 1 A. Status of Grantee t'a'shia1h CI) th'eservices provided for within this Agreement as an ependei' contra2tr, and not as`atLomployee of SANDAG. Grantee shall be under the ritrPtof SA t,AG,As to e tesult to be accomplished and not the means, and shall consult Attic S..E;.,..., a,, �;Oecl for,40:ihe Scope of Work. The payments made to Grantee pursruaiit 'this Agreement s a :be the�fr 'and complete compensation to which Grantee is entitled. 5 .;,::,PAG shall not mab'any federal or state tax withholdings on behalf of Grantee. SANDAG shalrVi2>;be require 1 pay any workers' compensation insurance on behalf of Grantee. Grantee- ees to r'nnify SANDAG for any tax, retirement contribution, social security, overtime ent!or workers' compensation payment which SANDAG may be requirer to make on beh f Grantee or any employee of Grantee for work done under this Agreement. B. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 29 XIX. SEVERABILITY AND INTEGRATION If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. XX. PROJECT MANAGER i-:... The Grantee has assigned [INSERT PROJECT MANAGER NAME ,s #fie Project Manager for the Project. Project Manager continuity and experience is deemedAs.set401 in Grantee's ability to carry out the Project in accordance with the terms of this Agre meat. afi1ee shall not change the Project Manager without first providing written notice toIbAG. \ XXI. NOTICE Any notice or instrument required to be given or hired 'tJ3 Agreement• be given or delivered by depositing the same in any United States 0, 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 NA \` [LOCAL AGENCY AD S] Attn: [LOCAL AGENCY9tOJECT MANAGER] Notice shall_be- active up receipt thereQf: Note Ito eAG'-2 h icts t : After receiving this original agreement back from the Cr- and before ra " y the ,gi,ial agrreetnei t f final SAMOAG "wet" signatures, con with SANDAG' nce anti'"Planning staff that the applicable RTIP has been • approv, : \ 30 XXII. SIGNATURES The individuals executing this Agreement represent and warrant that they have and authority to do so on behalf of their respective legal entities. iN WITNESS WHEREOF, the parties have executed this Agreement as of above. SAN DIEGO ASSOCIATION OF GOVERNMENTS GARY L. GALLEGOS OR DESIGNEE Executive Director APPROVED AS TO FORM: Office of General Counsel 31 [INSERT JURISDJeTIoDN] Narr rifitie] O'AS TO FORM: the legal capacity the date written 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, ET }p.V'PES or IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS} (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BU TraiktWMPO ID NO. 32 ATTACHMENT B CsANWAY COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy BOARD POLICY NO. 035 This Policy applies to all grant programs administered through SbAA, whether from TransNet or another source, including but not limited to the Smart Grow . lricretive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior* Grekit Program, Federal Transit Administration grant programs, and Active Transportatior(Gr.At Progra Nothing in this Policy is intended to supersede federr 9 or state grant rules, regptations, statutes, or contract documents that conflict with the require is in this'Policy. ThereNkronever enough government grant funds to pay for all of the projecthyfjiiding in the S' ,•Diego region. For this reason, SANDAG awards grant funds on a comp ?crisis that takes the grantees' ability to perform their proposed project on a ly basis into ac SANDAG intends to hold grantees accountable to the project schedules •tl ve propose, r.�der to ensure fairness in the competitive process and encourage gran, tYi eir projects.\Demented quickly so that the public can benefit from the project deliver les as sookafiassible. Procedures 1. Project Milest:1d Cortion Dea 1.1. When `s `" 'trig a j r t _, agreem t�:for a competitive program funded and/or administered by~{r � NA �� � ql*-vients ist agree to the project delivery objectives and sch d es in -.the agr a it. In a88 on; °'grantee's proposal must contain a schedule that ;, f f r t >followl leadlines�a'ilure to meet the deadlines below may result in / revocation of alt aunt fu trot already expended. The final invoice for capital, planning, car. operations gra`i xrlust be ` _nitted prior to the applicable deadline. 1.1.1. Fundg' for Capital Projects. If the grant will fund a capital project, the .:project mus) be completed according to the schedule provided in the grant men'but at the latest, any necessary construction contract must be awarded ,,years following execution of the grant agreement, and construction muse completed within eighteen months following award of the construction contracts Completion of construction for purposes of this policy shell be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be 33 complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year followingexecution of thegrant a reerne g ..eiw land the operations must commence within six months foilowing award oj4 :'operations contract. If no services contract for operations is necessary, the4ertions project must commence within one year of execution of the grant agr 1.1.4 Funding for Equipment or Vehicl %a ts. If thegoitit will fund equipment or vehicles, the project must be compl ;ccording to the s edu,Ie provided in the grant agreement, but at the latestAdV,riecessary urchase con .for equipment or vehicles must be awarded withi a year ktawing execu 7of the grant agreement, and use of the equipment .four the benefit of public must commence within six months following awe. ofthe purchase contract. 2. Project Milestone and Completi60.1 e t 1ine..Extensjons `\ 2.1. Schedules within grant agirnents irde prbjt scopes and schedules that will identify interim milestones in Grant recipients n}arive extensi good cause. E).*Siprisdttip to six m miss a com >on deacIrre,in Sectio Director. Exte beyondsixmonthsa completion dea in 1 pflu t be has been delegate e n ary i ox tyby the Board. For an extension to be granted otter this Semen 2, tiNit following conditions must be met: 2.1,1. e tensrofl requests of up to six months, the grantee must request the extension, ;;t,;.itin� t a SANDAG Program Manager at least two weeks prior to `� g g g the earliest 'requested. T `� duld be owii`'ag..rionth's report of delegated actions. 1.4 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. dition tithese''tcribed in Section 1 of this Policy. t projertchedules of up to six months for aggregate that would not cause the project to may be approved by the SANDAG Executive gate or that would cause the project to miss a roved by the Policy Advisory Committee that eject schedule milestone deadline for which an extension is being Executive Director or designee will determine whether the extension -tried. The Executive Director's action will be reported out to the Board 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 SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline. in Section 1 (including those projec s,;4 it were already granted extensions by the Executive Director and are again fall., ,,,behind schedule), will be considered by the Policy Advisory Committee upon reuest to the SANDAG Program Manager. / 3.2 A grantee seeking an extension must ckki.iient prerii s'efforts undertaken to maintain the project schedule, explain the re, ns-for the delay, /in why the delay is unavoidable, and demonstrate an ability to ed in the extended tf frame the grantee proposes. The grantee must provide the ne ry inform to SAND to place in a report to the Policy Advisory Committee. f; aigi t,,time is available,.. and the grant utilized TransNet funds, the request will first ''1% Cen to the Independent Taxpayer Advisory. Committee (ITOC) Xi-- a., recomrnenda'" . The grantee should make a representative available at the tneetit g>-.to present "t( information to, and/or answer questions from, the ITOC and PoIitt Advis mittee. \y , 3.3 The Policy Advisory Commili- will onlitgraqzeheitension under this Section 3 for extenuating circurpottribas that the gee&uld not h'av+e`"reasonably foreseen. 4. Resolution ar9d Executionthe Grant Areement 4.1 Two wed priori the review btie Policy Advisory Committee of the proposed grants, prospectiv , radteestn.it_a solution from their authorized governing body that- udesowthe prlots in this 5u �aresolution 4.1. Failure to provide a resolution that meets e r?etiurret nts in this ubsectjon 4.1 will result in rejection of the application and the application wiIF' e &ropp fionii consideration with funding going to the next project as �\ shored by the eva a ion con fitter. In order to assist grantees in meeting this resolution \ocitine, when SA AG issues the call for projects it will allow at least 90 days for grant itirtion submissi Graee governing body commits to providing the amount of matching 051f faith in the grant application. 4.1.2 'Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 35 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that ioses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 Amended: November 2014 36 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Gvanrs 1. Contact !reformation: 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. i3aseliine !Data Collection: Prior to the construction of gr9 tided improvements, the Grantee is responsible for developing a baseline data collecti •04in with SANDAG to gather information on pedestrian and bicyclist activity. At a mini, ,„..t.1� ;ta should be collected for observed bicycle and pedestrian volumes, behavior, and atti d in th04)..t9ject area. Once the data collection plan is approved by SANDAG staff, the Gran ;)'s responsib :4oracarrying out the plan and returning collected data to SANDAG as a delive4 :' Standardized r,required for data collection will be provided by SANDAG. Grantees are encouraged to use the National Bi methodology and plan for the following: • Conduct counts prior to project second week of September. Sup January, May, and July to provide • Conduct counts for two hours, at p attracting utilita ' trips'';ould be 5to7p.m.,wa from 9 to 11a:'. .andAjectestrian Docuniertion Project fiction, during onal Documentation Days in the rr counts an eys can be conducted during onal dakz01.4slesired. tim retatiVe4q e facility. For example, facilities -On.' a Tuesday, Wednesday, or Thursday from faa1 ' attractinlitetreational trips should be counted on a Saturday, In the case that the abbite tin a ra deeinfeasible due to the project schedule, the Grantee and- SANDAG w 1scoliaborate' ; alternative data collection methodology and procedgr . -. A ett.Of Grantees mayt,;selectfr in-depth evaluation by SANDAG, in which case, SANDAG will c it the data coilee0n, effort With required participation from Grantee staff. Such in-depth Co , evaluati nducted by' ANDAG will take place solely for the purpose of SANDAG Active Tran rtation dataj collection and monitoring efforts, and will not impact Grantees' budgets. Grantees should pI to.budget five thousand dollars ($5,000) for data collection. For questions or assistance with datl=-'collection, contact Christine Eary at Christine.Eary@sandag.orq, or (619) 699-6928. ?. Design Development and Co , inanity Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of a!I design development and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 37 4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 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. S. Quarterly Reports and Invoices: Grantee must submit quarterly. reports and invoices to SANDAG, detailing accompiishments in the quarter, anticipated prOgr'ess next quarter, pending issues and actions toward resolution, and status of budget and s We. Furthermore, the Grantee agrees to provide project milestone information (such as press s to community groups, other agencies, and elected officials, ground-breakings, and rik cutti SY to support media and communications efforts. 6. Media and Community Outreach Coordinatiotf"Press materials shall b vrded to SANDAG )`s staff before they are distributed. SANDAG logo(sould be inc udgd in press ials and other project collateral. Furthermore, the grantee agrees*:.Wovidi project mlleston nformation to support media and communications efforts. ` pp �. • 7. Photo Documentation: Grantees a(e:rnsible for the fling photo documentation: F � \ • Before and after photos, which `uld tie t k n from siangles to showcase how a particular area has been transform over time: • Project milestone ttoc(uch as grow d-1 pjcar gs and iThbon-cuttings). • Photos taken t 1iou't onstructionhsss'and throughout the length of the project. Photos should be :resolutp n(at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain ca tuts idritkAi descri ions, dates, locations, and the names of those featured, itappropriate:. 8. Pro)04 Stoithiget proje'Qrprogram in excess of $250,000 funded in whole or in pare by revs 1iueS from the Tran`3 et'Extens o Ordinance shall be clearly designated during its construction or lnVe.t'en atioil as be! provide by'such revenues. SANDAG will provide sign specifications. Granteejrees to follow si Specifications and submit proof files to SANDAG for approval before printing. 1 9. Performancl *nit g SANDAG staff may measure performance of the constructed capital improvements agSlvfftated project objectives, and evaluate the overall grant program. Grantee is expected to meet wif 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 I. Contact Information. Grantee must provide SANDAL with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Request for Proposals and Consultant Selection. Upon request by SANDAL, Grantee must submit consultant draft Request for Proposals to SANDAG staff foy review and comment for consistency with the agreed upon Scope of Work with SANDAG (Atta refit A). 3. Quarterly Reports. Grantee must submit quarterlyjre}s to SANDAG, detailing accomplishments in the quarter, anticipated progress next rtek::'pending issues and actions toward resolution, and status of budget and schedule. f/-.\-/ \\ 4. Stakeholder and Community Meetings. Gran ;cast provide SAND . with advance notice (preferably within two weeks) and agendas of 4.04ceholder ;id commun ipgetings, and a meeting summary following the meeting. SANDAG s May at **any meetings Appropriate. .. t• 5. Media and Community Outreach Coordination. Pr*rtia,terials shall be provided to SANDAG staff before they are distributed. SAN ►" logo(s) should b kluded in press materials and other project collateral. Furthermore, the Grk t a tees to provid 'p oject milestone information to support media and communications effor ,.. \. -'.- N.' : 6. Photo Documentation. Grantees are re*risible . rttie.foI1owing photo documentation: s Existing conditi q ituhich show # trace the current conditions of the project site and demons tie neectfti improvea lities • Project milestgn0 photos" ch as work s, presentations to community groups, other agencies, and el . of als) � Photos shpufcibi'hfgltresol o1 •(at least 4'4 es by 6 inches with a minimum of 300 pixels per inch) arise: ontai`riteons wi .project descriptions, dates, locations, and the names of those featred; of appropriates• 39 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and TransNetrTDA 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 7. 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 forinet, 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 constltant 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 his project. Theanticipated date of the first workshop will be in the FebruarylMarch '2014 timeframe. • Task. 3 -'Etc. • Task 4-� Y, Z. Deliverables Produced This Reporting Period II NST UCT:ONS..„Ii78r iZ2 the, de 11Ueiay:e5 produced CStiig this period and indicate the date submitted to SANDAG. Deliverables can be submitted as an attachment to this report. See Item 5 for more details.] Example: • Final REP - Submitted in December 2014. • Approved Consultant Contract and Kick -Off Meeting Notes - Submitted with this report. Please see accompanying list of attachments. 3. Is there an accompanying invoice for this period? 40 [INSTRUCTIONS: Indicate YES or NO.) 4. Work Anticipated for the Next Reporting period [INSTRUCTIONS: Replace this text with a brief description of work anticipated for the next reporting period. Also note any upcoming meetings or workshops.] 5. List of Attachments 4.- [INSTRUCTIONS: List any deliverables or invoice documents attached to this report. Attachments over 6MB should be sent via WeTransfer.] WeTransfer Link: httpsJ/sandag.wetransfer.com/ Example: • Attachment 1: Consultant Contract • Attachment 2: Kick -Off Meeting Notes • Attachment 3: Invoice Spreadsheet • Attachment 4: Invoice Dpcur ltation PART 2: SCHEDULE AND TASK'STATUS • Task Scheduled Start Date (Per Grant Scope of Work) Scheduled Completion Date (Per Grant Scope of Work) Status from Timing Anticipated Start Date (If Different Grant Scope of Work) Anticipated Completion (If Different from Grant Scope of Work) NTP D to Task,1 [mm/dd/yy] Rmir/dd/yy]., [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [tarn/ddiyy] Task 2: Policy No. 035 Milestone [rnmldd/yy] [rhm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/ddlyy] [mm/ddlyy] Task 3: Poky No. 035 Milestone [mm/dd/yy] [mm/ddlyy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/ddlyy] [mm/ddlyy] • 41 • PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS Challenges and Actions Toward Resolution (If applicable) [INSTRUCTIONS: If you are experiencing challenges in completing project tasks, pease we ride information about the delay and actions taken to resolve issues. if an amendment is needed, provide justification and check the appropriate box below.] 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. It is the Grantee's responsibility to ensure compliance with SANDAG Board Policy No. 035: Competitive Grant Program Procedures and grant agreement terms and conditions. PART 4: PROJECT STATUS REPORT SIGNATURE Prepared by Date: Project Manager. 42 INVQ1Cg I, STRIJCTIONS Step 1: Complete the Quarterly Proeiress Report. Reimbursements cannot be made without a completed Quarterly Progress Report. Step 2: Gather Documentation for Siaff Costs, Consultant/Contractor Costs, and Other Costs. Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant Staff Costs should be supported by certified payroll documentation Consultant costs should be supported by the consultant invoice AND a proof of payment. The proof of payment can be either a copy of the check provided to the consultant or printout from the project's financia: accounting system showing that funds were'disbursed. Contractor costs should be supported by the contractor invoice, schedule of values, AND a, proof of payment The proof cf payment can be either a copy of the check provided to the contractor or a printout from the projects financial accounting system showng that funds were disbursed. Other costs should be supported by either an invoice from the vendor or a receipt AND must be accompanied by a proof of payment. The proof of payment can be either a copy of the check provided to the vendor or a printout from the project's financial accounting system showing that funds' were disbursed. Clearly identify (i.e., highlight or circle) all grant -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 dung the reporting period. Confirm that you have the adequate documentation. Break down each cost by task. This will help with the next step to complete the invoice statement Double check and make sure all sub -totals have been calculated correctly. Step 4: Complete the Invoice Statement. Enter the costs for each task (calculated in Step 3) into the appropriate cells of the 11.1tioice Statement. The SANDAG contribution, match contribution, and retention amounts should automatically calculate. Enter previous casts 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: spatgrants@sandag.org Sign and scan the completed Quarterly Progress Report. Subrntt it in PDF form Sign and scan the invoice statement. Submit it in PI:* form Submit supporting documentation in PDF form. Submit the completed Excel worklidnk Files in excess of 6MBrshould be subnittetvia: https:llsan daq.wetransfer.com 43 4 PART 1: STAFF COSTS Personnel Time Period Hours Hourly Rate Amount Documentation Attached? Staff Person A mmlddlyy to mmlddlyy 10 $ 100,00 $ 1,000.00 YES/NO Staff Person B mm/ddlyy to mmlddlyy 10 $ 100 00 $ 1,000.00 YES/NO Staff Person C mm/dd/yy to mmlddlyy 10 $ 100.00 $ 1,000.00 YES/NO [INSERT ADDITONAL LINES AS NEEDED] PART 2: CONSU L TANTfCONTRACTOR COSTS Consultant/Contractor Invoice No. Invoice Date Description of:Costs Amount Documentation Attached? Consultant XYZ 1 1/1/2014 Professional services *r the $ 10,000.00 YES/NO mo7rtt of January 2014 Consultant XYZ 2 2/1/2014 Professional services for the $ 10,000.00 YES/NO month of February 2014 Consultant XYZ 3 3/1/2014 Professional services kw the $ 10,000.00 YES/NO month of March 2014 Outreach Organization ABC 11 3/1/2014 Outreach from January 2014 to $ 10,000.00 YES/NO March 2014 [INSERT ADDITONAL LINES AS NEEDED] PART 3: all-9ER COSTS Vendor Invoice. No. Invoice Date Description of Costs Amount Documentation Attached? VendorA 1 1/1/2014 Printing costs for January 2014 $ 100.00 YES/NO 1 2/1/2014 News Announcement for $ 100.00 YES'NO Vendor B February 2014 Workshop 1 2/28/2014 Snacks for February 2014 Vendor C Workshop [INSERT ADDITONAL LINES AS NEEDED] 45 100.00 YES'NO To: From: TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE SlICHIGALKHERJEE SAN DAG 401 B Street, Suite 800 Sal Diego, CA92101-4231 Name Address Project Name: [PROJECT NAME] Contract Number: 500XXX Grant Invoice Number: Billing Period: FROM In nice Date: DATE Grant Award: Balance Remaining TASK ElRFP Previous (Alt nee •� ; Current MMIDDiYYYYto MMIDDANYYTotal Expenses SANDAL TotaM Match Spent Reimbursed to Date Match to Date Total to Date Staff Costs Consultant or Contractor Costs Other Costs This Invoice This Invoice This Invoice Il0.00 $0,00 $0.00 moo , $0.00 $0.00 $0.00 $0.00 $0.00 Existins Conditions Re..rt $0.00 $0.00 $0.00 $0.00 - $0.00 $0.00 $0.00 $0.00 $0.00 3 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 $D tJt) $0 00 so.00 $0.00 so.00 $0.00' 5 Final Plan _ $0.00 $0.00 $0.00 10.00 $0.00 $0.00 $0.00 $0.00 $0.00 - _ Total ^ - $0.00..�-�$O OCL $0.00 $0.001 -- $0.00 $0.00 $0.00 $0.00 $0.00 Total Current Expenditures: $0,00 Total Amount Due this Invoice: $0.00 Less 1O% Retention: $0.00 Match % Met to Date: '' #DIV/0! Total Project Budget !Gant + Match! Teak 1 $0.00 Task'2 $0.00 Task 3, $0.00 Task 4 $0.00 Task 5 $0.00 TOTAL $0.00 SAI'VDAG Grant: $0.00 Match: $0.00 r SAILiDAG Contribution % #DIVIO! Required Match % #DIV/0! 46 CERTIFICATION OF GRANTEE I herebycertifythat the above costs were incurred in performance of the work required under the grant and are consistent with the amounts evidenced byatthched supporting documents and expenditures. Signature 47 Printed Name and Title Date CC/CDC-HA Agenda 3/17/2015 — Page 196 The following page(s) contain the backup material for Agenda Item: 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 "N" Avenue Improvements in the amount of $500,000, and CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 ITEM TITLE: AGENDA ITEM NO. Resolution of the City Council of the City of National City authorizing the filing of l t Smart rt J City authorizing 111111!.0 an application l for oi7i3it Growth Incentive Grant Program funds through the San Diego Association of Governments for N Avenue Improvements in the amount of $500,000, and accepting the terms of the Grant Agreement, and committing to providing a local match of $50,000 PREPARED BY: K uno, Muthusalmy DEPARTMENT: gineering/Pubiic Works PHONE: 336-4383 APPROVED BY: IftbRUAIr EXPLANATION: This project will enhance City right-of-way and encourage smart growth principles by completing a system gap in the City's roadway network. The project will install a pedestrian pathway and emergency vehicle access on a portion of N Avenue. The improvements will create access to a vacant parcel that is currently unreachable due to the roadway gap. The improvements will also provide direct pedestrian access from an existing residential community north of the gap, to the existing commercial area located to the south. The project includes N Avenue south of 8th Street and north of Plaza Boulevard. It shall be noted that the Grant Agreement contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in this grant -funded project is limited to accounting processes and financial audits. FINANCIAL STATEMENT, ACCOUNT NO. APPROVED: Finance APPROVED: MIS If grant funds are awarded, staff will return to Council to accept the grant and to appropriate funding ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Conceptual Exhibit -2: Sample Grant Agreement 3. Resolution CONCEPTUAL EXHIBIT (page 1 of 2) Project Vicinity NAZ" • 3115 0,9,0(14 \ e!) F u I ur& NI -Ay n trc-!, Imprcra'T_Statwfial.-- is KmbaIl Park A - •N. k.ity Mi. '50.(rial aiin A „;.-.41T- '1, • - h nr:6 C Cf3iiiET City of • oti.onall:city Legend Future Pedestrian Pafh Future Class I Regional Bike Path (SANDAG) Future Chess II and 111 Bikeway Existing Class 1- Regional Bike Path Existing Class II - Bike Lane Existing Class III - Bike Route Blue Line Trolley Route Regional Transit Station Regional Bus Stops Li '1r1 ni-jtity -;n1t1 ..-1k...,, :T.,-..54'.-:::: -14':'''4_4714.111-1 HIP,-,;r,I- '.J::-.0 . _111.4,4t -4<.i _,., ,,,,.t.III .-.,'. . ,.-.74- ''s'_-,,-0-+,,,i L.11;,,,' ,',,. . ----na ,., -14`..,,.., . -'0 k... tsi AuLtioutz settattin- ze.1 March 2015 CONCEPTUAL EXHIBIT (page 2 of 2) IIET' OCEWUN TEN RAMP - AI NEINAGIAEIE OIXANWA AVENUE MINE RIGHT OF WAYJ Pi STA 1O4EMR R EL - 45.94 w EOM w RJR 65 ------------- RETAINING WALL AIM RAUNG SECURITY IEEE TAM SLANG GATE EX51R:9 PHUPERIY UNE 2 DOSING MIT OF WAY RETAINING WALL (R' PEAR HEIGHT) PEPES,I.N PATH NEW GNAW 4NN FENCE MEN Pad PROFS£ CRAZE _ ------ - ~- VERMIN INc PATE PROFILE GRAM a Project Improvement Plan MEW RAMP NEW MENNE; CONNECT TO ENVIER KIOEWALA NEW CGRR OM OUTER ENM'1M6 WWEk0.K 11 DEMO RENE \\ I PETANNE WALL (Y MAR MOM PI STA SONG* PI EL lit San VG SOOC K4.8% 3 Z EAIG•Y+i RENT OF MAY GRAN, SCALE IN FEET IO % AVENUE 60 4 turnowerrp AUYiR.YA - es- 3414Y March 2015 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 TA 1! TI-115 GRANT AGREEMENT [AGREEMENT NUMBER] (Agree its .nnade this [Day] day of [Month], 2015, by and between the San Diego Association of'rn 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAGd`t[ie [Gran pient and Address], hereinafter referred to as Grantee. This agreement expi tit [Month] [Da e.ar]. Note to Grant Recipient: This Agreement Tem covers previsions forti, the SGIP and ATGP. Prior to contract execution, the Gran emeh dill be tailorer'reflect the applicable grant program. Note to SANDAG Contracts Staff: P should be updated as applicable. fiktmtemal rouW v, ifeferences to SGIP and ATGP The following recitals are a substantive par 4.,this A j rraG. \� Note to SANDAG Contra ff: Select iitiGoet. ATGP Recitals. . g \ Smart Growth Ince Pro r ��i''SGIP) Reitls (A - J): • A. The SANDAG Boa#=t -Dir locates fui sunder the TransNet local sales tax program to support local transpbtfc �rli 1-*astru re projects in the San Diego region through a comcess. \ B. , ' /TransNet E3c1-wisiorl Oralikatio, contains provisions to fund the Smart Growth Incentive `4gram (SGIP), whndingn on April 1, 2008. The SGIP encompasses projects that integrate trantation and land use and recognizes the comprehensive effort to intett ,smart growt}t place making, access to transit, and environmental justice. C. In Januai10, th Grant Prog Grant Award, DAG Board of Directors approved Board Policy No. 035 - Competitive res (Board Policy No. 035), which is included es Attachment B. This ment and the Grantee's performance thereunder are subject to Board Policy No. 35, which includes ,nu!tipl2 "use it or lose it" provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number]. E. On December 19, 2014, SANDAG issued a Cali 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. 12 C. D. E. 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 Contr is Staff: Before finalizing this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital G, below. Grantee's Project is funded with [insert dollar amount] in TransNet SGIP funds and the TransNet MPO ID for the Project is [insert ID number]. H. The purpose of this Agreement is to establish the terms an,d\lttions for SANDAG to provide Grantee with funding to implement the Project. f• Although SANDAG will be providing financial assist €lee`to Grant SANDAG will not take an active role or retain su....0161 control of t this Agreement is characterized as a funding dent rather than a e agreement. . ,\ J. Grantee understands that TransNet funds derive support the Project, Project. Therefore, dative transactions and use tax revenues which fluctuate. SANDAG's fundin .gommitment to Projects, including this Project, is subject to these fluctuations, while:~ipact funding lability for this Project. Active Transportation Grant Program GPPitOtitis (A — L):\ A. The SANDAG Board of Directors alloc;fundser ?$aisNet local sales tax program and the Transporta D eIopment A to'support'local bicycle and pedestrian transportation porottsirrtse San Diego 11i through a competitive process. B. The TransNet Exipn Ordjr since containsavisions to fund the Bicycle, Pedestrian, and Neighborhood Sa encompassed bicycle tottgof,Srt,,g ro /Prti'cle 3 of the Tb p aavides ing for Bicycle and Pedestrian Facilities and Programs. Cher the TransN3813N5P and/TDA Article 3 funding are commonly referred to as the SA >` :� Active Transartation Grant Program (ATGP). th:.:, : , DAG Board of Directors approved Board Policy No. 035 — Competitive res (Board Policy No. 035), which is included as Attachment B. This gment and the Grantee's performance thereunder are subject to , which includes multiple "use it or lose it" provisions. o. 35 In Januar 1O, Grant Progr Grant Award, ,A Board Policy N Prcagiftal t1,1445P),,,,whicti funding began on July 1, 2008. The BPNSP l i d'estriarr- a jects and recognizes the comprehensive effort ;pace making�`t�ecess to transit and environmental justice. 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. 13 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 ID required to complete Recital I, below. 9_ Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in TransNet BPNSP funds and [insert dollar amou 4)n TDA funds, and the TransNet MPO ID for the Project is [insert ID number] and the Tl :Claim Number is [insert claim number]. �� J. The purpose of this Agreement is to establish the terrnr10nd carikns for SANDAG to provide Grantee with funding to implement the Pr'' K. Although SANDAG will be providing financial nce to Grantee to s rt the Project, SANDAG will not take an active role or retai Nicikbstantial coatrol of the Pr ::r;w :;Therefore, this Agreement is characterized as a funding aggr ntyitherithan a cooper. •e agreement. L. Grantee understands that TransNit.iil ,derive from r Transactions and use tax revenues which fluctuate. SANDAG's funding. p,m ' it,to ATGP ts, including this Project, is subject to these fluctuations, which T by imp *ding availty for this Project. NOW, THEREFORE, it is agreed_as follows: ,`\ !. DEFINITIONS ;' 1 A. Application. 7Ogned and feted grant 6pptication, including any amendment thereto, with all explanator supp, ng; .suppleir9entary documents filed with SANDAG by or on behalf of the Granteeand ijccept . : Q1.4d by SANDAG. All of Grantee's application m pisrl'ilvotro,cpriflic tthis AgreeMerrt, are hereby incorporated into this Agreement t ugh fu119-vfbrth he "Nt,p3p,roval, Author ,r tee*, CorVrrence, WtatArar. . A written statement (transmitted in t Oitfitten hard cop - r\eiectronicaliy) of a SANDAG official authorized to permit the Gra 'to take or o firl action required by this Agreement, which action may not be taken or omi -without s, ,written permission. Except to the extent that SANDAG determines otherwiseNWriti4ssich approval, authorization, concurrence, or waiver permitting the performance`k'er ;;lion of a specific action does not constitute permission to perform or omit other simictions. An orai permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currentiy eligibie, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is included in Attachment A. Note to Grant Recipient: Only the applicable grant program will be referenced here. 14 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 or ATGP] funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work described'i.n the Scope of Work. Grantee shall not proceed with the work and shall not be eligi a 'receive payment for work performed prior to SANDAG's issuance of a Notice to Pd. G. Subgrantee. Any contractor or consultant, at any tier, a;`• di ,or indirectly with funds flowing from this Agreement for the Project. II. PROJECT IMPLEMENTATION A. General. The Grantee agrees to carry out the 1t as fol: 1. Project Description. Grantee agrees to pe work as described in the Scope of Work included as hment A. 2. Effective Date. The effecti ath i Agreemen\any amendment hereto is the date on which this Agreemen or an ame m t_is fully' tecuted. The Grantee agrees to undertake Project work pro y afterzticl ii0Iptice to Proceed from SANDAG. 3. Grantee's 94payititThe Grantee\4400o maintain or acquire sufficient legal, financialAriamical, airid managerial catlicity to: (a) plan, manage, and complete the Project ate, 0rovide foi the use of an .*eject property; (b) carry out the safety and security a ptl t;.and (c) ,ply with the terms of the Agreement and all applicable laws,.;t`ion ; )iciet pertaining to the Project and the Grantee, to abut no ti[ited to the-7Net Extension Ordinance and Board Policy i Project Sche',c,.w. The: e agrees to complete the Project according to the . .:'. Project Schedu4titicluded in Attachment A and in compliance with Board Policy \\,..(4, 035, as amend , and included as Attachment B. 5. Pr>Imp lntation and Oversight. Grantee agrees to comply with the Proje « orrOtitation and Oversight Requirements, included as Attachment C, and Board P. 'No. 035, as amended. 5. Changes to Projects Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based an SANDAG [SGIP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [SLOP or ATGP] and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have [SGIP or ATGPI Funding 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. Media 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. T.Ke4rantee agrees to assist SANDAG with media or community events related to t . oject, such as ground breaking and ribbon cutting. Press materials shall b •k, ,iided to SANDAG staff before they are distributed. SANDAG logo(s) should be i..:. '+eet iiwss materials and other project collateral, but may never be included ia,sotli docu 'l1tuvithout advance approval from SANDAG. As part of the quarterly reports submi tip SANDAG, the Grantelgrees to provide project milestone information to suppo is and.rnunications ts. SANDAG reserves the right to use the information p •ythie Grantee for an combination of the following, including but not limited to:.t. ' ,media posts, online photo albums, videos, press releases, Pow:, k i" presentations, ttpdates, newsletters, and testimonials. In submitting :DAG, the e agrees to release the rights of the photos to SANDAG for •. `'use -ti..:. i ` \ "•. 8. Project Signage and Designan of pingetitiirlded Facilities. Each capital project in exo##,0,000 fun Extensionancll be clear le or in Oft by revenues from the TransNet nated during its construction or implem fatron as be g,provided ikftvenues from the TransNet Extension Ordinance. :.._' Grantee agr`o,f►t reject Siege Specifications. SANDAG will provide sign s cafications. i n' agree sw sign specifications and submit proof files to / SA ' A ibr. appr* before prin iirrg. f <<,,;9;,•' Baseline D CoI1e ..For capital projects, Grantee is required to coordinate with SANDAG staff' ` :',he deverment of a baseline data collection plan in accordance \ with the Project Implementation and Oversight Requirements. B. Applkik1>a, of Law Should a federal or state law pre-empt a local law, regulation, or the TransNet io #nance, the Grantee must comply with the federal or state law and rtitiOns. No provision of this Agreement requires the Grantee to observe or enforce compy we 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, iiie 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. 16 C. Notice Regarding Prevailing Wages. SANDAG's [SGIP or ATGP] Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). 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 SANDAL has strongly encouraged Grantee to seek iegal 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 a!! federal, state, and local laws and ordinances u, applicable. D. Significant Participation by a Subgrantee. Although the,Srortee may delegate any or almost all Project responsibilities to one or more subgrant ,. tom. Grantee agrees that it, rather than any subgrantee, is ultimatelyresponsible ..,j..'. p‘with all applicable regulations, and this Agreement. E. Third Party Contracting. Grantee shall not a contracts over throusand dollars ($3,000) on the basis of a noncompetitive pr ent for work to be peed under this Agreement without the prior written approva4NDA5`Ctracts award ijy Grantee, if intended as local match credit, must meet the retet forth in this Aglreement regarding local match funds. \ �' 1. If Grantee hires a consulcry-,out profesail.services funded under this Agreement, Grantee shall pa` e enden. Estimate (ICE) prior to soliciting proposals; pubiicl vertise fe7Meting prc posais for the work; use cost as an evaluation factor i -lecti that; document a Record of Ne otiati g (;' RC ) establishin # 'amount paid by Grantee for the consultant service 4s,fair ant sonable; iss through the relevant obligations in this Agreerrit to the opmultant. 2. If Grante ies alton � t ro carryout construction services funded under this _Agre,ement, #1 a shall z -13n ICE (e.g., a construction cost estimate) prior to a„bids; phicly advertis . r competing bids for the work; award the work to the los‘I'spori§ko'tifid responsible bidder; document a RON establishing that the amount la#1 kr Gra for the construction services is fair and reasonable; and ,h pass throng e releva in this Agreement to the contractor. F. Gra's, Responsiltty to Extend Agreement Requirements to Other Entities 1. En Grantee aarees to take appropriate measures necessary to ensure that a participants comply with all applicable federal laws, regulations, and policies a yting 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 H. :agrees to fy SAND diately, in writing, of any change in local law, conditions (int Mini legal, financial, or chnical capacity), or any other event that may adversely of k thaGrantee's ability to perform the gas required by Board Policy ely, in writing, of any current or lessee, third -party contractor, or other person or entity tha for the Project. Notwithstanding that SANDAG may havy- solicitation, subagreement, lease, or third -party contjat any obligations or liabilities to any entity other than tb Grantee, indu lessee, or third -party contractor at any tier. Changes in Project Performance. The Gran Project in accordance with the ter No. 035. The Grantee also agrees written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies.■w 3. Flovidon. The Grantee agrees to include in each document (subaureernent, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. �No.yrirrarwvy •rrrYYa�a$ilcyris to YYYYi YY-ItlJlf YY1Ls. In cUr7fieciiUrl wlth..,Project, the Grantee agrees that SANDAG shall not be subject to any obligations op ffties to any subgrantee, *n ,t a party to the Agreement in or approved any ;$ANDAG has no any subgrantee, of,the Agreemen f, IDAG imm prospective major dispute, breach, null tion that dversely affect SANDAG's interests in the Project; and agrees t #form SAiAGay,lso in eating, before naming SANDAG as a party to litigation for an reason,.. �At a minimum, the Grantee agrees to send each tc kdi SANDAG uir i this subsection to SANDAG's Office of General Counsel: 1 Standard of Ca to this Agreement Where pr."oval by S in AG -gp.The Gra ee expressly ants that the work to be performed pursuant $14,01 irl acco+l nce with the applicable standard of care. D ; its Ex 1)fr4ctor, or other representative of SANDAG is tagl t 'Uope o Yydrlc, it is understood to be conceptual approval only and dues not WS the Gra f resp isity for complying with all laws, codes, industry standards, ,ahCl liability for da es taus f .\negligent acts, errors, omissions, noncompliance with ed\ stry standards, o, )lia willful sconduct of the Grantee or its subgrantees. , 1 III. ET A. Grantee 6 o o uctIStandards of Conduct. The Grantee agrees to maintain a written code •tztpciricifact or standards of conduct that shall govern the actions of its officers, employees, Coin or board members, or agents engaged in the award or administration of subaareements, leases, or third -party contracts supported with [SGIP or ATGP] Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de 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 18 positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, council or board members, or their agents, or its third -party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by [ScIP AJGP] Funding if a real or apparent conflict of interest would be involved. Such a lit would arise when an employee, officer, board member, or agent, inciudi a member of his or her immediate family, partner, or organization that W . :intends to employ, any of the parties listed herein has a financial interestinm co for award. 2. Organizational Conflicts of Interest. grantee agrees that Code of conduct or standards of conduct shall include pro s for identifying and p ` ting real and apparent organizational conflicts of int ` fin orpirtizOtional confli ofinterest exists when the nature of the work to be PX150trrAitthder a proposed third -party contract or subagreement ma,y, without som ions on future activities, result in an unfair competitive acivaqWelothe third -pa a ntractor or subgrantee or impair its objectivity in performing` at . i work. B. SANDAG Code of Conduct. SAND has estabieii,licies t ticerning potential conflicts of interest. These policies apply to Gra Fort ANDAG, any practices which might result in unlaa lac city are pr• � it iuding, but not limited to, rebates, kickbacks, or oth irl a °Consideratia 3&NDAG staff members are specifically prohibited fro p rticipatmg in the select process when those staff have a close personal relationship, fari*eejatio n or past (wi ini,the last 12 months), present, or potential business or employ.. o '; th a on or business entity seeking a contract with SAND1.47,1itis,Linlawfi:ittor4ny contradtAbb made by SANDAG if any individual B ; p taff h .lit,.prohibited frrfancial interest in the contract. Staff are also {1tibited from Wttingting gratuities from any organization seeking funding from ‘,..5ANDAG. SANDAG >o [cers, eNtioyees, agents, and Board members shall not soiicit or aT* gifts, gratuitie ..f4vors, or anything of monetary value from consultants, potential contnts, or parties subagreements. By signing this Agreement, Grantee affirms that it has no ledge of ethical violation by SANDAL staff or Grantee. If Grantee has any reason to ve aict of interest exists with regard to the Agreement or the Project, it should notifij# t AG Office of General Counsel immediately. C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its [SGIP or ATGP] Funding application for the Project. D. False or Fraudulent Statements or 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. 19 IV. AMOUNT OF FUNDING ASSISTANCE The Grantee agrees that SANDAG will provide [SLIP or ATGP] Funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $:^.r, or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is j; percent ( .%). SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application for funding from SANDAG for the Project is the amount that forms the basis upon which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SANDAG Participation. V. MATCHING FUNDS Grantee has proposed to provide matching funds for the Pro' Wore agrees as follows: A. Duty to Obtain Matching Funds. The Grantee rs to provides Gent funds or approved in -kind resources, together with the'or ATGP] Fundingttled, that will assure payment of the actual cost of each Pro%Ctkctivity co ed by this Asigaarnent. The amount of matching funds and percentage(s) Ofrikkhin s Grantee sha1I. rp vide are set forth in the Approved Project Budget. The Grante complete all proceedings necessary to provide its share of thaProject costs at o ' ire the time the matching funds are needed for Project costs. B. Prompt Payment of Matching FUri4s. Th6-Skarrtae„ag agreestirii provide the proportionate amount of the matching funds prom pitly:Aas it Inc` ((ejk,costs or Project costs become due. vcxic- Each of Grantee's inas-must includ .it&,pro a d fund contribution as reflected in the Approved Projoft,14094,along wit ing, descriptive and/or explanatory documentation :tie mitiMrig funds pd'ed. \ C. Reduction of Ning FThe Grant agrees that no refund or reduction of the amount of matchin4 fit ckjna�e.un��'at the same time, a reduction of the propol 1 '#•.mount �,[SGIP or j: ending provided is made to SANDAG in order to mar nk+t axi um p tage(s) of SANDAG Participation. VI. \ ROVED PROJEG'T UDGET ; Except hjextent that SA I AG determines otherwise in writing, the Grantee agrees as follows: The Grantee 0c1 SANDAG h se:agreed to a Project budget that is designated the "Approved Project Budget!.'The Gran Will incur obligations and make disbursements of Project funds only as authorized by d Project Budget. An amendment to the Approved Project Budget requires the issuanc. :'Formal amendment to the Agreement, unless the re -allocation of funds among budget items d fiscal years that not increase the total amount of the [SG+P or ATGP] Funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. 20 VII. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with 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 matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain inatchincg funds exceeding the a►twurri jAfied by the marching share previously provided, or i i . 2. Take any action that would cause the proportion 9 c i ATGP] Funding made available to the Project at any time to exceed then ithorized by the Agreement for the Project. B. Payment by SANDAG. Upon receiving a reqf for payment and adete.supporting information, SANDAG will make payment, [o'k projects v/yitilTDA fundiht $ thorize the County of San Diego to make payment] for elig a amo t )Grantee withi'r thirty (30) days if Grantee has complied with the requirement Agreement, including submission of a Quarterly Report which is incl +ed as Attachmen,h,as satisfied SANDAG that the [SGIP or ATGP] Funding requested,t7 ded,,for Project 'i ses in that requisition period, and is making adequate progress t it complet:,sistent with Board Policy No. 035. After the Grantee has dem rated' i pxy com ante with the preceding requirements, SANDAG may reimbursett ie Grar s nt allowable costs incurred consistent with the ved Project B*49,et ... NDAG shall -retain ten percent (10%) from the amounts inv•"A '.4144,t0.tsfactory c iim of work. SANDAG shall promptly release retention amorrts:to Ziritee's satisfactory completion of work and receipt of Grant 'Wfinal invbi€e, and all reed documentation. C. Eligible Costs. The mu rnpry,vioit ,the f ifitg:'Toliele for Consistent wittl*e Proje TS .bpe of Work, the Approved Project Budget, and other �\ :provisions of th!•Agreement. 2.sary in orgier to accomplish the Project. 3. Reasle4.r:tfe goods or services purchased. -agrees: 'krpect costs eligible for [SGIP or ATGP] Funding sing requil'erritrfts, unless SANDAG determines otherwise in bursement, Project costs must be: 4. Actual nrosts to the Grantee (i.e., the price paid rr►irnus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). 5. Incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG. 21 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGIP or ATGP]. y. Indirect Costs are only allowable with prior SANDAG appro .a],, Grantee must submit the foilovvirig documentation as part of the grant appiicatiorxeriais: (11) an indirect cost allocation audit approved by a qualified independent, d for or (2) the applicant's proposed method for allocating indirect costs in ac Ord o with OMB guidelines. Indirect cost allocation plans must be reviewed ald.ne annually. i £ 10. Project generated revenue realized by the rent�ee shall be uti in support of the Project. Project generated revenue and e enditures, if any, shall1sirieported at the • end of the Agreement period. D. Excluded Costs 1. In determining the amoun ffe]I? or ATGP] Furl ,SANDAG will provide for the Project, SANDAG will exclu a. Any Project cost incurre *the Gr e:betore eifl'jer the date SANDAG issues a Notice to Proceed to Grantee or thAffeCtiOgbate of the Agreement or any Amennti'tereto; b. c. A'opst that is Any tr *►t.\for P subagre t 'ire, but — i t included ii tie latest Approved Project Budget; :.piperty or ease,` ifd par,1 kintract, or other arrangement that is required t+iot been, concurred in or approved in writing by SANDAG; and ;ices received in connection with a Any ,orSANDAG participation as provided by applicable laws, 4 reguiator poll;. .stain costs at ties associated with bicycle and pedestrian projects are not eligible cAt the bene provided is not the exclusive use of bicyclists or pedestrians. These insjps are) i below. a. mad gutter are part of the roadway drainage system:. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. b. Driveway ramps installed across sidewalks 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 not be eligible. Appropriate bikeway signage is eligible. d. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully_ document why this is so in the claim submittal. E. The Grantee understands and agrees that payment to the Gran ec for any Project cost does not constitute SANDAG's final decision about whether tha l's allowable and eligible for payment under the Project and does not constitute a wai4er ally violation by the Grantee of the terms of the Agreement for the Project or Boar cy Nd,The Grantee acknowledges that SANDAG will not make a final irmination ab the allowability and eligibility of any cost until the final payment hn made on the Pr or the results of an audit of the Project requested by SANDA0tr.ttilndepengent Taxpaye Oversight Committee (ITOC) has been completed, whichevtir occurs I . If SANDAG terrnines that the Grantee is not entitled to receive any portion' thor ATGP] Fundinrequested or paid. SANDAG will notify the Grantee in writing, sta its reasons. The Grantee agrees that Project closeout will not alter they *Age's responsibility hi:return any funds due to SANDAG as a result of later refunds, correcetptitirlance defic es, or other similar actions; nor will Project closeout alter SANDAG'5.right to ;lovv costs a recover funds provided for the Project on the basis of a later audit otxther rev i.notification to the Grantee that specific amounts are owed to SANDA�' h eth for"ext payments of [SGIP or ATGP] Funding, disallowed`io_s,.6r;funds reco iNtfkitn third parties or elsewhere, the Grantee agrees to prom y.t&nit1i>4i :'iNDAG the 'mptints owed, including applicable interest, penalties and 4rniiiistrativelcharges. VIII. ACCOUNTING RE In complia iie wi 4pplicable'4 vvs .regulations, -and policies, the Grantee agrees as follows: A. /Project Acrounts<I'i Grant* Ogrees to establish and maintain for the Project either a aarate set of acco ti. or septtite accounts within the framework of an established a milting system that than be identified with the Project. The Grantee also agrees to main 'ocumentat3n of all checks, payrolls, invoices, contracts, vouchers, orders, or other accoun documents" related in whole or in part to the Project so that they may be clearly identified, lily Bible, and available to SANDAG upon request and, to the extent feasible, kept " a ere from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writinci, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by law and regulation, policy, this Agreement, and any other reports SANDAG may specify. 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 r-igh i k specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and forthrre years thereafter from the date of transmission of the final expenditure report, the,. 'agrees to maintain, intact and readily accessible, all data, documents, reports, re ; con , and supporting materials relating to the Project, as SANDAG may *ire'. D. Access to Records of Grantees and Subg9OteTs. The Grantee agrees.tb :permit, and require its subgrantees to permit, SANDAG dr`.j s4uthorized4epresentativ tipon request, to inspect all Project work, materials, payrolls, and` da `tnd to audit the ins, records, and accounts of the Grantee and its subgrantees p to the Project. E. Project Closeout. The Grantee r ,tthat Project closoes not alter the reporting and record retention requirements oft ` t. F. Quarterly Reports. Grantee shall su •• t writterriy repbrt r�gs to SANDAG detailing the progress of its work, eenditures inc d, an ' ra` xpregarding whether the Project is projected to be cofated.ithin the li e Approved Project Budget, Project 5chedule, cons t with Bo ' licy No. 035 and any policy amendments thereto. Gran still docurtt the prog and results of work performed under this Agreement to th factj-b-SANDAG. t;includes progress and final reports, plans, specifications, estim ‘rict:bttx nce attainment of the Agreement objectives, which- sted by + DAG or I :t ntee may be required to attend meetings of l ,G`stafliartd comrnr e,including but not limited to iTOC, the Regional Planning Pnittee, the Tr `` progress and res G. Cori data r socio an ,omi growth date:., ortatriwcommittee, and the SANDAG Board of Directors, to report on to quellpirs. ities Servel'Data and Report. If requested, Grantee shall provide SANDAG with Ong how t eProject's benefits and burdens were equitably distributed among optilations in the area affected by the Project, and associated smart X. ® tj ct P r eite' n ettRo t d i'o t eR�.: Srr._yl�. 6 - �__.�G.. �-_..y y�li.�ifity a-- 4a�y�'uusp a�e�'itSM o.ti a�i3CR0Lgt 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. ,dote to Grant Recipient: Only the applicable sections will be included. Note to SANDAG Contracts .Staff: Please choose the appropriate: For TransNet-funded projects: The Grantee agrees to have financial and compliance audits perfumed as SANDAG may require consistent with the TransNet Extension Ordinance. Thetiritee agrees that Project closeout wi!l not alter the Grantee's audit responsibilities. Atidotiosts are allowable Project costs. , For TDA-funded projects: The Grantee agrees to have financial and con? lance audits performed SANDAG may require consistent with Public Utilities Code99245, f .TDA funds; tonsistent with the TransNet Extension Ordinance for TransNefftipi*T*Fitintee agrees tha roject closeout will not alter the Grantee's audit responsibiJ.Audit costs are allowable Project costs. C. Performance Audit. The Grantee'rees operate wi SANDAG or ITOC with regard to any performance audit that is perfo,d onct pursuto the TransNet Ordinance. D. Project Closeout. PrpjPct closeout occurswh SANDAG `fies the Grantee that SANDAG has closed the Prod ,a{ df applicable; €,forwards the final [SGIP or ATGP] Funding payment and or•rowle that the rltee has remitted the proper refund. The Grantee agrees that Pr closeout 'SANDAG dogs !not invalidate any continuing requirements imposed by the A mentor,. unmet re tirements set forth in a written notification from SANDAG. • E. Priiitt*Alise.craitsee wasli4arded this Agreement based on representations in its grant AKA -Cation regailitaiithe nr't0e s intended use. !f the Project is a capital project, Grantee \liersp.by commits io" i-tinued u of the Project for the purposes stated in its application for a iitrkitl of at least five rs after completion of construction. SANDAG may require Grantee to rzi SGIP fundinr;ovided for the Project in the event Grantee fails to utilize the Projec its intend94 purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PR AND RIGHT OF SANDAG TO TERMINATE A. Grantee shail ma`iCe diiigent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. 25 B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may sus dt ;or terminate all or any part of the [SLIP or ATGP] Funding to be provided for the Prgj #yjf the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if,NDAG determines that the a purpose of the laws or policies authorizing the Project ** adequately served by the continuation of [SGIP or ATGP] Funding for the Project.4s, ./ \ In general, termination of [SGIP or ATGPI Fundijf r"the Project will t'invalidate obligations properly incurred bythe Grante' g p p y r'e the term,ination dat the extent those obligations cannot be canceled. If, however, S G detes that the ;' a has willfully misused [SGIP or ATGP] Funding by failin rdequate progress,'o t4 ar failing to comply with the terms of the Agreement, SANDAG rr's the right to require the Grantee to refund to SANDAG the t9t ;tentire .of [SGIP or A .Funding provided for the Project or any lesser amount as SANDAG1144rtiine. N,` .';A E, Expiration of any Project time period blishetf f:faroject'ieduie will not, by itself, automatically constitute an expiration r;termor#ie*greement for the Project, however, Grantee �" o a frr�t ve���st and SA3�,. agree to -amend the Agreement in writing if the Project Sch duue'wif r.be met. A. amendment to the Project Schedule may be made at SANDAG's Oion if GrO ee's reques`i ls‘onsistent with the provisions of Board Policy No. 035. XII. CIVIL RIGslFDTS The Gr 0e-'a'gree30..ply vvi all, applicable civil rights laws, regulations and policies and shall incl ie tine provisions ..)$„Secti 12:.i.n each subagreement, lease, third party contract or other lega lyrbrr�ding document• plerform`v*rk funded by this Agreement. Applicable civil rights laws, regulatis:`arld policies inclde but are not limited to, the following: A. Nondo pii7nation.%NDAG implements its programs without regard to income level, • disability,tx.: oJ id national origin in compliance with the Americans with Disabilities Act and Title of a Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the wut*:%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, coior, 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 Housing"Commission implementing California Government Code Section 12990 (a-f), set forth in C pt4t 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into 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 td;d aa r izations with which they have a collective bargaining or other agreement. �,;"' XIII. OWNERSHIP OF WORK PRODUCT ♦• SANDAG shall own any deliverables created in who or in par 'SANDAG's b fit pursuant to the Scope of Work for the Project. The term "deliv aiffiudes, but is not limited to, all original drawings, reports, photos, and other documents, tiding detailed calculations and other work product developed for the Project dces performed,bta the Project. XIV. DISPUTES AND VENUE `rl A. Choice of Law. This Agreement sh4II:be inter .1 t.rtaccordance with the laws of the State of California. . r ` B. Dispute Resoirr Proc In the ev #.Grantee has a dispute with SANDAG during the performance Agreem nt, Grantee ll continue to perform unless SANDAG informs Grantee in writintq\'r 'Viceasdpeilttlinance. T'i et!ispute resolution process for disputes arising under this Agreeme d°be'a-sµlli •-... 1 ' Granteeli sub tft'a statement Yof the grounds for the dispute, including all ,• pertinentts, .na 'oaf persons involved, and supporting documentation, to SANDAG's r • Mena r,.The Project Manager and other appropriate SANDAL staff wi!! review th4\thicumenta ion in a timely manner and reply to Grantee within twenty 4220) calendar ciays. Upon receipt of an adverse decision by SANDAL, Grantee may it a requ for reconsideration to SANDAG's Executive Director. The request for r . era imust be received within ten (10) calendar days from the postmark date of 5A.'reply. The Executive Director will respond to the request for reconsi motion within ten (10) working days. The decision of the Executive Director will be in writing. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures. Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG Transportation Committee for ATOP 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 orb ;cation) this Agreement or any rights under or interest in this Agreement. �f XVI. INSURANCE• Grantee shall procure and maintain during the period o tp. rfz rmance'gf This Agreement, and for e : O twelve (12) months following completion, policif:insurance fro insurance companies authorized to do business in the State of California'orthe equivalent type sid amounts of self- insurance, as follows: < A. General Liability. Combined single limit of general aggregate for personal an,,bodily injury, i damage. The policy must incluQp,.4n pta ceble " Against Others Endorsement." Th fl l ame SAN endorsement. A deductible or retention. may bfe�fed, subject to approval by SANDAG. R. Automobile Liability...rFor personal a .bocliiy.infory,-1140ooing death, and property damage in an amount not joist C 9 $1,000,000 \ 7' 'per occurrence and $2,000,000 ang death, and broad form property ,of Transfer Rights of Recovery \,as an additional insured in the C. Workers' Co ensation Employe s Liability. Policy must comply with the laws of the State of Cia. Th ;.jyy must inq ide an acceptable "Waiver of Right to Recover From Others Endor enl iraataijtit IDAG 'ian additional insured. D. Oth r R q * tints. htee shall fiarrish satisfactory proof by one or more certificates ri inal copie `� �tit hathe foregoing insurance. The insurance shall be provided by an ‘-` :acceptable insuran0 .providd�', _ t determined by SANDAG, which satisfies the following Aiirlimurn requireme 1. insurance cattier qualified to do business in California and maintaining an agent for yIce of pro , 'within the state. Such insurance carrier shall maintain a current A.r est .ryd4I,Classification of "A-" or better, and a financial size of "$10 million to $24 mh.n (C3ess V) or better," or 2. A Lioyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing ail participants are qualified to do business in California and the policy provides for an agent for service of process in California. E. Certificates of insurance shall be filed with SANDAG. ;These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Insurance policies shall not be canceled without first giving thirty 28 (30) days advance written notice to 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 al! claims, including, but not limited to prevailing wage claims against the Project, asserire61,:or established liability for damages or injuries to any person or property, including AiJ to the Grantee's or its subgrantees' employees, agents, or officers, which arise fr$tn it are connected with or are caused or claimed to be caused by the negligent, reckl c jl.ful acts or omissions of the Grantee and its subgrantees and their agents, officers, r,empio .in performing the work or services herein, and all expenses of investigate end defendiiwagainst same, including attorney fees and costs; provided, however, tt� ,.tie Grantee's duty indemnify and hold harmless shall not include any claims or liabkiity arising from,the establr' , sole negligence or willful misconduct of SANDAG, its Board of bzettors, ac ,officers, or - q *oyees. B. intellectual Property. Upon request by SANDA, e`rantee agrees to indemnify, save, and hold harmless SANDAG and ibard of Directo sers, agents, and employees acting within the scope of their officia4t00a.nst any I!a'k; including costs and expenses, resulting from any willful or int4orial4k0iiitApp by therirantee of proprietary rights, copyrights, or right of privacy, aris$ out o tl e publicatien, translation, reproduction, delivery, use, or disposition of any dat> furnishe6 n et i e Project. The Grantee shall not be required to indemp S tDAG for anSt,, aitckhability caused solely by the wrongful acts of SANDAG emplo,0rag `. XVII'. INDEPENDENT9TRACT_ A. Status of Granteeafitkegshaltpriorm.the services provided for within this Agreement as anir eiaeltt r ontra r, and not as`a ,employee of SANDAG. Grantee shall be under the 441 of SAAG'aas to , r)esult to be accomplished and not the means, and shall consult .,(1Agith SANDAG as'" tilded for n the Scope of Work. The payments made to Grantee pursuant " bthis Agreement s, , be the Adivand complete compensation to which Grantee is entitled. SA►G shall not ma eany federal or state tax withholdings on behalf of Grantee. SANDAG shaII"i a.t':be required`; pay any workers' compensation insurance on behalf of Grantee. Grantee' tees to l 0ainify SANDAG for any tax, retirement contribution, social security, overtime -�'A'`a,n r i,,-4'•01,vvo kern compensation payment which SANDAG may be required to make on behaf o , rantee or any employee of Grantee for work done under this Agreement. B. Artion5 on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 29 XIX. SEVERABILITY AND INTEGRATION If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. pROJECT MANAGER. The Grantee has assigned [INSERT PROJECT MANAGER NAMEPtis the Project Manager for the Project. Project Manager continuity and experience is deemed al In Grantee's ability to carry out the Project in accordance with the terms of this Agretie shall not change the Project Manager without first providing written notice to iNbAG. / , XXI. NOTICE Any notice or instrument required to be given or delagtre delivered by depositing the same in any United States 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 NA [LOCAL AGENCY ADS] Attn: [LOCAL AGENCY ;tfECT MGER] • Notice shall Pe -effective up receipt thereof, 1 this Agreement be given or registered or certified, postage Note 1t'®AG r to'cts After receiving this original agreement back from the Gr nftee,and before s'mtbIg th giral agreement for final SANDAG "wet" signatures,. coon With SANDAG finance anil Planning staff that the applicable RTIP has been approv 30 XXII. SIGNATURES The individuals executing this Agreement represent and warrant that they have the iegai 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 GOVERNMENTS GARY L. GALLEGOS OR DESIGNEE Executive Director APPROVED AS TO FORM: Office of General Counsel 31 [INSERT JURIS9VN] "game] W e] / ` APPROVED/AS TO FORM: title •.. ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project Description [PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ETC.OVPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] A: (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUI /Fran / J Traft t.MPO ID NO. • • 32 ATTACHMENT B CsANWRAr COMPETITIVE GRAarr PROGRAM PROCEDURES Applicability and Purpose of Policy BOARD POLICY NO. 035 This Policy applies to all grant programs administered through OAG, whether from TransNet or another source, including but not limited to the Smart Grow frtntive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior ii Gr' t.'Program, Federal Transit Administration grant programs, and Active Transportatiorrt.Grait Progra Nothing in this Policy is intended to supersede feclerli.pr state grant rules, r lations, statutes, or contract documents that conflict with the re ui q i'grtit-tts in this"Policy. There i¢• never enough government grant funds to pay for all of the projecti 'thy, ¢:funding in the Saig,.Diego region. For this reason, SANDAG awards grant funds on a comp .: i'sis that takes the grantees' ability to perform their proposed project on a jmely basis into acent• SANDAG intends to hold grantees accountable to the project schedules;‘°tb+ehave proposed .grder to ensure fairness in the competitive process and encourage gran t f$ it projec i lemented quickly so that the public can benefit from the project deliver yes as so as*ssible. Procedures•.. 1. Project Milestoflemad tOnvietion Dea / 1 1.1. When ring a rnt„agreemc t ' for a competitive program funded and/or administered by ,A,4, graktrlitipients iRtit t agree to the project delivery objectives and schh :.the agrIvioat. In adtl n:: '.grantee's proposal must contain a schedule that foals wth 'a,; .followt 'deadlines. Failure to meet the deadlines below may result in 3'evocation oft g'ant fu s not already expended. The final invoice for capital, planning, 6r operations graraust be bmitted prior to the applicable deadline. 1.1.1. Fundtg;for Capital Projects. If the grant will fund a capital project, the project must be completed according to the schedule provided in the grant iaemen br;.rt at the latest, any necessary construction contract must be awarded wJn.pfuo years following execution of the grant agreement, and construction must oqinpleted within eighteen months following award of the construction Completion of construction of this old:: shall bewhenthe �troa.4. Completion � �.�iiit� ��.u�, for purposes N' jJ a �e prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary; the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be 33 complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within fone year following execution of the grant agrecn end the operations must commence within six months following award o•operations contract. If no services contract for operations is necessary, the, perktions project must commence within one year of execution of the grant agr r: t., • `,„.. 1.1.4 Funding for Equipment or Vehicl,.Giants. If the will fund equipment or vehicles, the project must be comp) ;according to the s edule provided in the grant agreement, but at the latest, ry°;necessary urchase con ,=:*.for equipment or vehicles must be awarded within ase year owing execu-of the grant agreement, and use of the equipment iFs.' ii Dr the benefit of the public must commence within six months following aw dof the purchase contract. 2. Project Milestone and Completid ie.,.Extensions';' ' \ 2.1. Schedules within grant agrOernents mliude pr lO t scopes and schedules that will identify interim milestones in ' ddition �t d:ibed in Section 1 of this Policy. Grant recipients may give extensi on4ir proje%echedules of up to six months for good cause. Ex*-iiiiciiis*.4,ip to six Mdfl ,2iggregate that would not cause the project to miss a completion dead110. in Section\° may be approved by the SANDAG Executive Director. Extecrikions beyogi x months a e,gate or that would cause the project to miss a completion death ean,i t gn 8 -i^ ust be proved by the Policy Advisory Committee that has been delegated•e cessary:rjityby the Board. For an extension to be granted urt`645;�S'ection 2, titilipwing conditions must be met: 2. i.1. a tensio requests of up to six months, the grantee must request the extension it :writing t he SANDAG Program Manager at least two weeks prior to ` the earliest 'project schedule milestone deadline for which an extension is being \. 'requested. T e executive Director or designee will determine whether the extension \• mould be meted. The Executive Director's action will be reported out to the Board infp+^ ,,„4o^th's report of delegated actions. N 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 SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 p (including those projects . at were already granted extensions by the Executive Director and are again fall :,;.#ehind schedule), will be considered by the Policy Advisory Committee upon ,tetitieSt. to the SANDAG Program Manager. Jf 3.2 A grantee seeking an extension must fJ+ ardent prey' s :efforts undertaken to maintain the project schedule, explain the re ns `for the delay, yin why the delay is unavoidable, and demonstrate an ability to in the extended ti "frame the grantee proposes. The grantee must provide the ne pry inforraon to SAND `;gaff to place in a report to the Policy Advisory Committee. f3#i0.;fime is available;vand the grant utilized TransNet funds, the request will first''f:,'t en to the Independent Taxpayer Advisory Committee (ITOC) 41.'-a.,recommendsa` The grantee should make a representative available at they rp . 0: to present "t a 'information to, and/or answer questions from, the ITOC and PoliiAdvtmittee. 3.3 The Policy Advisory Committ will or2l1. g #: ..*ension under this Section 3 for extenuating circumstakes.that the grlititee..6446not Fiave'reasonably foreseen. • 4. Resolution a Ex cution`gf the Grant A r ment 4.1 Two we :prior,,. i E review b Ott Policy Advisory Committee of the proposed grants, prospectiv"eyiTrltf bait a resolution from their authorized governingbody ,, thati ikt s- he ` Dods in this Subrfaon 4.1. Failure to provide a resolution that meets i qulr s.-.in thi : t#'bsection 4.1 will result in rejection of the application and the , application evil i.roppe :fton consideration with funding going to the next project as stored by the evaison co ee. In order to assist grantees in meeting this resolution tlijne, when SAIAG issues the call for projects it will allow at least 90 days for grant ap i(ion submissit ", 1 9:1 Gie governing body commits to providing the amount of matching ffu`r*ds Setf4ftfi in the grant application. 4.1.2 \Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 35 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 Amended: November 2014 36 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there ale airy changes to staff assigned. Baseline Data Collection: Prior to the construction of gr funded improvements, the Grantee is responsible for developing a baseline data collecti :'pan with SANDAG to gather information on pedestrian and bicyclist activity. At a mini tx ' data should be collected for observed bicycle and pedestrian volumes, behavior, and atti sin t oject area. Once the data collection plan is approved by SANDAG staff, the Grant;`is 'esponsiblfir•carrying out the plan and returning collected data to SANDAG as a deliveritl:' Standardized Nts, required for data collection will be provided by SANDAG. Grantees are encouraged to use the National Br y :rand/ estrian Docume7tation Project methodology and plan for the following: • Conduct counts prior to proje ,con tnjction, duringVritonal Documentation Days in the second week of September. Su e h # iy,counts ana iieys can be conducted during January, May, and July to provide sonal If�esired.� • Conduct counts for yvo, hours, at p kAim r• tniestt,tbe facility. For example, facilities attracting utilitain trips;$;hould be c tfd bri a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., w reiasfacie;attracting: ecreational trips should be counted on a Saturday, from 9 to 11S -:•, In the case that the ab Grantee and- SANDAG proceduc6 • WI rri,,-eerri l infeasible due to the project schedule, the 1 . of)aboratec' ,; alternative data collection methodology and A sur e of Grantees maybe.,select fir. in-depth evaluation by SANDAG, in which case, SANDAG will c• .F.t the data co/lemon effort rWith required participation from Grantee staff. Such in-depth evaluati•=. Inducted bylSANDAG will take place solely for the purpose of SANDAG Active Tran .='citation data] collection and monitoring efforts, and will not impact Grantees' budgets. \ , Grantees should plan t :budget five thousand dollars ($5,000) for data collection. For questions or assistance with data,/ collection, contact Christine Eary at Christine.Eary@sandag.org, or (619) 699-6928. 3. Design Development and Community Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of a!! design development and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 37 4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 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 9nv&ir lc: Grantee must submit quarterly reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated prtigress next quarter, pending issues and actions toward resolution, and status of budget and sch dvie. Furthermore, the Grantee agrees to provide project milestone information (such as preset".-: o community groups, other agencies, and elected officials, ground-breakings, and rii=ctfiq.,,to support media and communications efforts. ,(/` • 6. Media and Community Outreach Coordinati. Press materials shall 1:4;,prtivided to SANDAG staff before they are distributed. SANDAG logos) ua*d be incl,ratied in press illrecials and other project collateral. Furthermore the grantee agrees ` `: ovidiject mileston" i#ormation to support media and communications efforts. :\ 7. Photo Documentation: Grantees aee.raisnsible for the ing photo documentation: • Before and after photos, which uld bt_tifitetn from siir#i1'af.angles to showcase how a particular area has been transform 'over time.> • Project milestone crtt Ouch as grow ,, ings and ribbon -cuttings). • Photos taken t `: hotit nstruction sand throughout the length of the project. Photos should be ' A:esolutiiat least 4 i es by 6 inches with a minimum of 300 pixels per inch) and contain ca '660s a#} ,:pro #.. descri ons, dates, locations, and the names of those featured, it appropriate:,\ /` 6. Pro :$iignages th.,projettor•program in excess of $250,000 funded in whole or in part by revc rnm the Tran ` ?r.ten rl. ?rdinance shall be dearly designated during its construction ortmrer�tation as beir . r ovide ' y' such revenues. SANDAG will provide sign specifications. Grantee ices to follow sii►nrspecifications and submit proof files to SANDAG for approval before printing ) 9. Performa i , ilbnit gc SANDAG staff may measure performance of the constructed capital improvements aga reitated project objectives, and evaluate the overall grant program. Grantee is expected to meet '`ANDAG 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 fop.review and comment for - consistency with the agreed upon Scope of Work with SANDAL (Attach ynt A). i 3. Quarterly Reports. Grantee must submit .,; .quarter)y.'epcaz-ts to SANDAG, detailing accomplishments in the quarter, anticipated progress nex grtpending issues and actions toward resolution, and status of budget and schedule. C•. "./. 4. Stakeholder and Community Meetings. Gran -most provide SANDAi with advance notice (preferably within two weeks) and agendas of stakeholder and commun meetings, and a meeting summary following the meeting. SANDAG s ff flay at .dany meetings appropriate. 5. Media and Community Outreach Coordination. Pr `rterials shall be provided to SANDAG staff before they are distributed. SAN -1ogo(s) should b �i�duded in press materials and other project collateral. Furthermore, the Gr , . to rovide, i 'ect milestone information to support media and communications effo pp ` 6. Photo Documentation. Grantees are re nsible -:riling photo documentation: Existingconditi +ate, Which sho ni crate the current conditions of the project site and demonst i e nee f- improved . cities a Project milesf Q: hotos ch as work s, presentations to communitygroups, other � � � � �, g p agencies, and el;,of3a1s) Photos shp d be .ftt9h, resol Oti :(at least-4`40ch s by 6 inches with a minimum of 300 pixels per inch) ..t i-ontairi bons wi project descriptions, dates, locations, and the names of those featut i;;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 detaile1 description of work completed and underway during the reporting period. In a bullet format, reference specific tasks.] Example: ▪ Task 1 - Award Consultant Contract: Iisued RFP end 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 contractwrth 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_an ticipated date of the first workshop will be in the February March 2014 timeframe. • Task 3 -ftc • -7,=); : 4 - 2. Deliverables Produced This Reporting Period jiNSTRUCTiONS;. Summarize the deliverabies produced during this period and indicate the date s+_+bmit' e 1r5 SANDAG. Deliverables can be submitted as an attachment to this report. See (tern 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 i.-)r the next reporting period. Also note any upcoming meetings or workshops.] 5. List of Attachments [INSTRUCTIONS: List any deliverables or invoice documents attached to this report. Attachments over 6MB should be sent via WeTransfer.] WeTransfer Link: httpsi/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 (If Different from Grant Scope of Work) NTP Date Task i [mmid d/yy] f mm/dd/y 4., .[In Prod :.es, ! Completed/ Not Started] fin,) Time/ Delayed] [mm/dd/yy] i [mmid d/yy] Task 2: Policy No. 035 Milestone [mm/ddlyy] [nim/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 3: Policy No. 035 Milestone [mm/ddlyyj [mm/cid/yy] [In Progress/ Completed/ Not Started] [On T ime/ Delayed] [mm/ddlyy] [mm/dd/yy] 41 PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS Challenges and Actions Toward Resolution (If applicable) [INSTRUCTIONS: If you are experiencing cha#lenges in completing project tasks, please provide information about the delay end actions taken to resolve issues. If an amendment is needed, provide justification and check the appropriate box below.] ❑ No amendment requested at this time f 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. It is the Grante'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 I NVcng J t{STRUCTIONS Step 1: 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. Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant Staff Costs should be supported by certified payroll documentation Consultant costs should be supported by the consultant invoice AND a proof of payment. The proof of payment can be either a copy of the check provided to the consultant or printout from the projects financial accounting system showing that funds were disbursed Contractor costs -should be supported by the contractor invoice, schedule of values, AND a proof of payment The proof of payment can be either a copy of the check provided to the contractor or a printout from the projects financial accounting system showing that funds were disbursed. Other costs shou d be supported by either an to cice from the vendor or a receipt AND must be accompanied by a proof of payment. The proof of payment can be either a copy cf the check provided to the vendor or a printout from the projects financialaccounting 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 during the reporting period. Confirm that you have the adequate documentation. Break down each cost by task. This will help with the next step to complete the invoice statement Double check and make sure all sub -totals have been calculated correctly. Step 4: Complete the Invoice St tem.ent. Enter the costs for each task (calculated in Step 3) into the appropriate cells of the Invoice Statement. The SANDAG contribution, match contribution, and retention amounts should e.utomatically 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, Invoiice,,stix Supporting Documentation to SANDAG at: sgata rantsasandag.org Sign and scan the completed Quarterly Progress Report. Submit it in PDF form Sign and scan the invoice statement. Submit it in PDF-form Submit supporting documentation in PDF form. Submit the completed Excel workb ek Files in excess of 611f a should be submittedtvia: htt sIIsanda .wetrans r.com 43 PART 1: STAFF COSTS Personnel Staff Person A Staff' Person B Staff Person C [INSERT ADDI TONAL LINES AS NEEDED] Time Period mm/ddiyy to mm/dd/yy mm/dd/yy 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 100 00 $ 1,000.00 YES/NO 100.00 $ 1,000.00 YES/NO PART 2: CONSULTAN1r/CONTRACTOR COSTS Consultant/Contractor Consultant XYZ Consultant XYZ Consultant XYZ Outreach Organization ABC [INSERTADDITONAL LINES AS NEEDED] Invoice No. Invoice Date Description of Costs; Amount Documentation Attached? 1 1/1i2at4 Professional seances iorthe $ 10,000.00 YES/NO rn&tth of January 2014 2 2/1/2014 Profess aIservicesforthe $ month of February 2014 3 3/1/2014 Professional sennces for the $ month of March 2014 1 ' 3/1/2014 Outreach from January 2014 to $ March 2014 %%kr 10,000.00 YES/NO 10,000.00 YES/NO 10,000.00 YES/NO PART 3: OTHER COSTS Vendor Vendor A Vendor B Vendor C [INSERTADDITONAL LINES AS NEEDED] Invoke No. Invoice Date Description of Costs Amount 1 1/1/2014 Printing costs for January 2014 $ 1 2/1/2014 News Announcement for $ February 2014 Workshop 1 2/28/2014 Snacks for February 2014 $ 100.00 YES/NO Workshop 45 Documentation Attached? 100.00 YES/NO 100.00 YES/NO To: From: TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE SUCH IIANKHER.IE£ SANDAG 401 B Street, Suite 800 Son Diego, CA 92101-4231 Name Address iteinbursedto Match to TASK C' Date Date 1 RFP $0.00 2 Existing Conditions Report $0.00 Public Outreach $0.00 Draft Plan $0.00 Final Plan $0.00 Total $0.00 Protect Name: [PROJECT NAIVE] Contract Number: 500XXX Grant Invoice Number: Billing Period: !mice Date: Grant Award: r Balance Remaining Total to Date $0.00 $0.00 $0.00 $0.00 $O.CO4 $0.00 $O.CO $0.00 $0.00 $0.00 aft FiR DM DATE $0.00 $0.00 TO Current MIN/DIY YYYto MMIDDlYYYY Staff Costs $0 00 $Q.00 $0.00 $000 Consultant or Contactor Costs $0.00 $0.00 $0.00 $0.00 „. '$0.00 $0.00 $0.00 - $07011 - Total Protect Budget (Grant + Match) Task 1 $0.00 Task 2 $0.00 Task 3�. $0.00 Task 4 $0.00 Task 5; $0.00 TOTAL $0.00 SANDAG Grant: $0.00 Match: $0.00 SANDAG Contribution % #DIV101 Required Match % " #DIV10! 46 Other Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Expenses SANDAG Total Match Spent This Invoice $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 This invoice $0.00 $0.00 $D.00 $0.00 This Invoice $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Current Expenditures: Total Amount Due this Invoice: Less 10% Retention: Match % Met Eo Date $0.00 $0.00 $0.00 #DIVIO! CERTIFICATION OF GRANTEE I herebycertiiythat the above costs were incurred In performance of the work required under the grant and are consistent with the amounts evidenced by attached supporting documents and expenditures. Signature 47 Printed Name and Title Date CC/CDC-HA Agenda 3/17/2015 — Page 236 The following page(s) contain the backup material for Agenda Item: 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 Downtown Specific Plan Update and Parking Management i CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE. March 17, 2015 AGENDA ITEM NO, ITEM TITLE 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 Downtown Specific Plan Update and Parking Management in the amount of $320,000, and accepting the terms of the Grant Agreement, and committing to providing a local match of $50,000 PREPARED BY: Kuna Muthusamy DEPARTMENT, sneer ng; Public Works PHONE: 336 43S3 APPROVED BY: EXPLANATION: The Downtown Specific Plan Update will provide an overall update to the original plan adopted in 2005. The plan will incorporate new elements related to Smart Growth, specifically Transportation Demand Management (TDM) and parking policies. These elements are crucial to the success of the community as increased redevelopment opportunities increase transportation and parking demands Downtown. Overall, the Specific Plan Update will revise land use zones, urban design standards and recommend future implementation program/projects in a manner that will provide direction for development that will create a unique sense of place in National City's vibrant Downtown core. The Specific Plan area encompasses Downtown National City. The Downtown area is bounded by Division Street, National City Boulevard, 7th Street, D Avenue, Plaza Boulevard, Kimball Park, and Interstate 5. The Specific Plan area is within Smart Growth Area NC-1 and is visible from the elevated roadway of Interstate 5. It shall be noted that the Grant Agreement contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in this grant -funded project is limited to accounting processes and financial audits. FINANCIAL STATEMENT: ACCOUNT NO. If grant funds are awarded, staff will return to Council to accept the grant and to appropriate funding. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt the Resolution. FINAL ADOPTION: APPROVED: APPROVED: BOARD / COMMISSION RECOMMENDATION: N/A Finance MIS ATTACHMENTS: 1. Conceptual Exhibit 2. Sample Grant Agreement 3. Resolution CONZEIPTUAL EXHIBIT (page 1 of 2) Project Vicinity Map -Sites En?Itled Developments (1 PARK LOFTS 2 PARK VILLAGE C REVOLUTION DEVELOPMENT 11 . N & M GOODIES REVITALIZATION •_ h _a: Legend Downtown Specific Plan Area Entitled Development Intill Sites (not yet entitled) Previous Smart Growth Projects Kimball Park SalOVVIMP March 2015 CONCEPTUAL EXHIBIT (page 2 of 2) • LL,iiit Line dtr, yrreet II LOgend sN Downtown Specific Plan Area Future PedesLian Path = = Future Class Regional Bike Path (SANDAG) Future Class II and 111 Bikeway Existing Class I - Regional Bike Path 1 Existing Class II - Bike Lone — Existing Class III - Bike Route Blue Line Transit Route • Regional Transit Station Regional Bus !Hap Project Vicinity Mop - Routes I Kimball -is PE* ./.> Pavvivtowvi. Siazario FUR. Updato - aek, March 2015 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 ITS Awn [INSERT AGENCY/JURISDICTION NAMA.. REGARDING [INSERT FULL PROJECT it ., i. THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agree 6- nade this [Day] day of [Month], 2015, by and between the San Diego Association of rn 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAG,- n fthe [Gran pient and Address], hereinafter referred to as Grantee. This agreement expiitson [Month] [Da : `evar]. Note to Grant Recipient: This Agreement Tem covers previsiofor the SGIP and ATGP. Prior to contract execution, the Granaprevision emeit bald he tailorij reflect the applicable grant program. Note to SANDAG Contracts Staff. Prr#OinrFternal routier ,: ferences to SGIP and ATGP should be updated as applicable. ',, r"`. . \ The following recitals are a substantive partlf,this Agin \V!, i Note to SANDAG Contr : Select n -r` «.w,d Recitalkar ATGP Recitals. Smart Growth Ince 'Prow*MISGIP) Re r •��]s (A — J): • A. The SANDAG Boa cif Dir fl.ocates fu `tander the TransNet local sales tax program to support local transp tateCii>rtastru re projects in the San Diego region through a co cess. \ \, B. TransNet Eittatsion Or• +..ems contains provisions to fund the Smart Growth Incentive Pirtiram (SGIP), wh 'funding n on April 1, 2008. The SGIP encompasses projects that integrate tran . i Cation a d land use and recognizes the comprehensive effort to inter a smart growt ::gate making, access to transit, and environmental justice. v ` • C. In Janua`[y t0, thy4MDAG Board of Directors approved Board Policy No. 035 --Competitive Grant Prey`? ? ,.4,^ 74t re; (Board Policy No. 035), which is included as Attachment B. This Grant Award, 1446Ment and the Grantee's performance thereunder are subject to Board Policy No. 5, which includes Enultiple "use it or lose it" provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds on December 19, 2014, by Resoiution 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. 12 G'. Grantee successfully applied for TransNet SGIP funding for the [Insert Project Name], as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital G, below. G. 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 and4riotitions for SANDAG to provide Grantee with funding to implement the Project. / y {./`\ 9. Although SANDAG will be providing financial assisttitc 'tb Grant- : tx ;support the Project, SANDAG will not take an active role or retain subal control of t = Project. Therefore, this Agreement is characterized as a funding ent rather than a c• :: g• ive agreement. 1. \ S J. Grantee understands that TransNet funds derive transactions and use tax revenues which fluctuate. SANDAG's fundingcommitment to Projects, including this Project, is subject to these fluctuations, whi+$ Thiyialeact fundingaviirlability for this Project. Active Transportation Grant Program G4es_ (A — L):N., A. The SANDAG Board of Directors allot fund�r psNet local sales tax program and the Transporta l ,lopment A' opito 'support total bicycle and pedestrian transportation , a in,lt$ San Diego ie through a competitive process. • B. The TransNet E` _:, 'on Ordirkwnce contains a visions to fund the Bicycle, Pedestrian, and Neighborhood Sa _r4r:' 'ro lE whit : finding began on July 1, 2008. The BPNSP encompasses, bicycle peejestriaThtTittiliarorects and recognizes the comprehensive effort to ,r-iftlailittgro ace making;8c'cess to transit and environmental justice. C. (.4-Article 3 of the Ttl‘,pi-ovidesIwitling for Bicycle and Pedestrian Facilities and Programs. D. Thipth,er the TransNet SPNSP and'TDA Article 3 funding are commonly referred to as the SA + Active Transportation Grant Program (ATGP). E. In Janua 2bi0, th VOIDAG Board of Directors approved Board Policy No. 035—Competitive Grant Prog ^% ures (Board Policy No. 035), which is included as Attachment B. This Grant Awardment and the Grantee's performance thereunder are subject to Board Policy No. 035, which includes multiple "use it or lose it" provisions. F. The SANDAG Board of Directors approved programming of approximately $3 million in both TransNet and TDA funds on December 19, 2014, by Resolution Number [insert Resolution Number]. G. On [December 19, 2014], SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for SANDAG ATGP funds for use on capital improvement and planning projects meeting certain criteria. 13 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 !D required to complete Recital 1, below. !. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in TrcinstAlei. BPNSP funds and [insert dollar amou .,,sn TDA funds, and the TransNet MPO ID for the Project is [insert ID number] and the AMaim Number is [insert claim number]. J. The purpose of this Agreement is to establish the term<l'con`rs for SANDAG to provide Grantee with funding to implement the Prict." K. Although SANDAG will be providing financial Wince to Grantee to s the Project, SANDAG will not take an active role or retair tantial control of the P�:Therefore, this Agreement is characterized as a funding g gTvniant(than a cooperre agreement. / L. Grantee understands that TransN tfiiiitts4erive from r 'transactions and use tax revenues which fluctuate. SANDAG's fundin 01;--rnivokilont,to ATGP O ts, including this Project, is subject to these fluctuations, which y impact tiling avai a y for this Project. NOW, THEREFORE, it is agreed as follows: \:.1, /'t 1. DEFINITIONS r. A. Application.*a s ped an4Opted grant ication, including any amendment thereto, with all explanatdriti Sapp tisupple? tary documents filed with SANDAG by or on behalf of the Grante nOccept Ikettarat4d by SANDAG. All of Grantee's application mat, n:]l nfli .wa,.this Agree,t, are hereby incorporated into this Agreement `gh fu1T sal uj enrth h ' i '�. ' . , -�aroval, Authorii �r pr, Cozwrerce, Waiver. A written statement (transmitted in itten hard cop oi\electronically) of a SANDAG official authorized to permit the Gra � t take or orrai action required by this Agreement, which action may not be taken or omifttkdwithout s written permission. Except to the extent that SANDAG determines otherwise't iOtir . th approval, authorization, concurrence, or waiver permitting the perrformance ilsion of a specific action does not constitute permission to perform or omit other simi'actions. An orai permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently 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 grant program will be referenced here. 14 Note to SANDAG Contracts Staff: Choose the appropriate program here. D. [SGIP Funds and Funding, Funding from the TransNet Extension Ordinance for the SG!P.] OR [ATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds.] E. Grantee. The local jurisdiction that is the recipient of [SGIP or ATGP] funding under this Agreement. F. Notice to Proceed means a written notice from SANDAL 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 eiig ba ""rec_eive payment for work performed prior to SANDAG's issuance of a Notice topioCeed, G. Subgrantee. Any contractor or consultant, at any tier 1ti,di :or indirectly with funds flowing from this Agreement for the Project. i 11. PROJECT IMPLEMENTATION / A. General. The Grantee agrees to carry out the 1. Project Description. Grantee agrees to per Scope of Work included as Affrehrnent A. �• 2. Effective Date. The effectidatt-cgreementsc any amendment hereto is the date on which this AgreementOren am t.,is fully uted. The Grantee agrees `-.#Votice to Proceed from SANDAG, to undertake Project work pro y after 3. Grantee's :Te Grantee; .)to maintain or acquire sufficient legal, financiaittical, a .nanageriat\ acity to: (a) plan, manage, and complete the Project art#provide fo the use of an :Project property; (b) carry out the safety and security asp f t:Ptojett;.a.nd (c)ply with the terms of the Agreement and all applicable laws; tta tiorjiliri pertaining to the Project and the Grantee, t as follgs: the work as described in the if -but no ed to the-ThsONet Extension Ordinance and Board Policy Project Scale'^iu.t,, The t ! tee agrees to complete the Project according to the �.` project Schedul.hicluded in' Attachment A and in compliance with Board Policy \NO,..035, as ameildirtd, and included as Attachment B. 5. Pr a i <<•t,!mplr citation and Oversight. Grantee agrees to comply with the Proje rat4iiefitation and Oversight Requirements, included as Attachment C, and Board Po`4 ito. 035, as amended. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG [SGIP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 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 [SC-IP 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. Media 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. Trantee agrees to assist SANDAG with media or community events related to t <#ject, such as ground breaking and ribbon cutting. Press materials shall b- av�4ded to SANDAG staff before they are distributed. SANDAG logo(s) should be i► d mess materials and other project collateral, but may never be included i ,s'docu without advance approval from SANDAG. / As part of the quarterly reports submi 4:. ;tg SANDAG,,the Grante es to provide project milestone information to suppo :=• is an unications SANDAG reserves the right to use the information p Itie Grantee for and combination of the following, including but not limited to: 'media posts, online photo albums, videos, press releases, Pow ; presentations, ,updates, newsletters, and testimonials. In submitting NDAG, the tee agrees to release the rights of the photos to SANDAG for .'• 8. Project Signage and Designa of T ' .g.ited Facilities. Each capital project in exce tf 50,000 fun i�Ie or in pert by revenues from the TransNet Extension , ` T an� ;hl be clearf de t nated during its construction or implem on as be ig provided b t> venues from the TransNet Extension Ordinance. Grantee agr .4I :Nbject Siege Specifications. SANDAG will provide sign specjfications. l` agree lOwysign specifications and submit proof files to SAtiG r appr :,before prin ng. S Baseline D Lt:Lolled''-for capital projects, Grantee is required to coordinate with \ SANDAG staf—i* he dment of a baseline data collection pian in accordance `. With the Projec4hilpiementation and Oversight Requirements. B. ApplieV4iM of Lawd Should a federal or state law pre-empt a local law, regulation, or the TransNe io4dXnance, the Grantee must comply with the federal or state law and im lementin p ions. No provision of this Agreement requires the Grantee to observe or enforce compliarob with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to vioiate any 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. 16 C. Notice Regarding Prevailing Wages. SANDAG's [SLIP or ATGP] Grants are funded with TransN;:t 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 prevaiiing wage laws consistent with Labor Code Section 1720, et seq. This Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances as applicable. D. Significant Participation by a Subgrantee. Although the ntee may delegate any or almost all Project responsibilities to one or more subgran,ofts, the Grantee agrees that it, rather than any subgrantee, is ultimately responsible frptiplirewith all applicable laws, regulations, and this Agreement. \6, Third Party Contracting. Grantee shall not awed contracts over thrpusand dollars ($3,000) on the basis of a noncompetitive prtonent for wrrk to be pe K..�, ed under this Agreement without the prior written approfMNDAS1 "Co tracts awar.ed by Grantee, if intended as local match credit, must meet the regweitri set forth in this Agreement regarding local match funds. ' . 1. If Grantee hires a consul cnir out professVetaitservices funded under this Agreement, Grantee shall: aeparc l: ndependent tEstimate (ICE) prior to soliciting proposals; publiclyevertiselii5Oeitipeting Ptoposals for the work; use cost as an evaluation factor iiUeIecti9"cent; document a Record of NegotiatOT+l establishinkkl,amount paid by Grantee for the consultant servicesifijatr'an t sonable; a` 0-pots through the relevant obligations in this Agr ent to the ` tsultant. 2. If Grante s at,n ; to car y tut construction services funded under this __Agreement, t e shall a a ICE (e.g., a construction cost estimate) prior to 5li ,bids; *tidy advertis`r competing bids for the work; award the work to thelou trespori end responsible bidder; document a RON establishing that the amount ' d y Gra '.fir the construction services is fair and reasonable; and pass throw,` the releva t obligations in this Agreement to the contractor. F. Gra 1. e°. Responsicy to Extend Agreement Requirements to Other Entities En\tikplf,ei)A7ecitgd. Grantee agrees to take appropriate measures necessary to ensure that al to participants romp!y with al! applicable federal laws, regulations, and policies Awing Project implementation. in addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a 17 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. No SANDAG Obligations to Third -Parties. in connection withlf*Project, the Grantee agrees that SANDAG shall not be subject to any obligations o ptti ties to any subgrantee, lessee, third -party contractor, or other person or entity thak660t a party to the Agreement for the Project. Notwithstanding that SANDAG may hav !mr : in or approved any solicitation, subagreement, lease, or third -party contra t'any t ,SANDAG has no obligations or liabilities to any entity other than the Gantee, inclu any subgrantee, lessee, or third -party contractor at any tier. • H. Changes in Project Performance. The Gran agrees tofy SANDAG`diately, in writing, of any change in local law, conditions (irdl4.:iegal, financial, or'echnical capacity), or any other event that may adversely afF *Grantee's ability to perform the Project in accordance with the terof,the Agreementsatii,as required by Board Policy No. 035. The Grantee also agrees .'SANDAG imm ately, in writing, of any current or prospective major dispute, breach, tiaffault=iiit tion that ,adversely affect SANDAG's interests in the Project; and agrees t'frm S/Ao � \ ��!„so ining, before naming SANDAG as a party to litigation for any,t ason iin ir At a minimum, the Grantee agrees to send eac to o SANDAG iOtiidr l jay thissub ection to SANDAG's Office of General Counsel, • I. Standard of Cam T,he Gratitge expressly ants that the work to be performed pursuant to this Agreement i b, in acc fame with the applicable standard of care. Where approval by S AG, its E+`xTrcctor, or other representative of SANDAG is in014-5cope o rk, it is unaosteod to be conceptual approval only and does not Ahr.re the Gray p# respbhia.ity for complying with all laws, codes, industry standards, r' and liability for datittalts causecl iatjunegligent acts, errors, omissions, noncompliance with Nlytistry standards,fhe wiliful''m`isconduct of the Grantee or its subgrantees. III. ET A. Grantee #.e®f luctIStandards of Conduct. The Grantee agrees to maintain a written code'Ifict or standards of conduct that shall govern the actions of its officers, employees, coi:ihclVer board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with [SGIP or ATGPI Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de 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 18 positions in i. 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 [SGiP,,,e,'i;GP[ Furiding if a real or apparent conflict of interest would be involved. Such a jct would arise when an employee, officer, board member, or agent, includi ,e.. member of his or her immediate family, partner, or organization that ,,�►y , r i itends to employ, any of the parties listed herein has a financial interes:infirm co rig for award. 2. Organizational Conflicts of Interest. p.-grantee agrees tha rode of conduct or standards of conduct shall include pro is for identifying and p ': Ling real and apparent organizational conflicts of inter ,An or * tional confli interest exists when the nature of the work to be p Wider a proposed t urd-party contract or subagreement m without some ajons on future activities, result in an unfair competitive adva gtigthe third -par 1 tractor or subgrantee or impair its objectivity in performing ,work. B. SANDAG Code of Conduct. SAND ilas estab1 :policies fincerning potential conflicts of interest. These policies apply to Gra For 'SANDAG, any practices which might result in unI93241 activity are proliih1udjng but not limited to, rebates, kickbacks, or othEtria. wnsideratidni,.INCIDAG staff members are specifically prohibited frot . ticipatin the select n process when those staff have a close personal relationship, farri :iieiatio .R=-„or past (wi n,,the last 12 months), present, or potential business or employ'm nt:r ak , th a son or business entity seeking a contract with SANDAG it- ,u Iawfil . r 'ny contfatttpAke made by SANDAG if any individual Brdoraff h prohibited financial interest in the contract. Staff are also �44.1t.thited froniit 4ting o pting gratuities from any organization seeking funding from -DAG. SANDAG,kcers, a ltees, agents, and Board members shall not solicit or t gifts, gratuitie .favors, or nything of monetary value from consultants, potential con . ts, or parties o:subagreements. By signing this Agreement, Grantee affirms that it has no .ledge of ethical violation by SANDAG staff or Grantee. If Grantee has any reason to "efeye a Pict of interest exists with regard to the Agreement or the Project, it should notir uAG Office of General Counsei immediately. C. Bonus or CoM?3`S:ilOi;. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its [SGIP or ATGP] Funding application For Lhe Project. 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. 19 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 foiiowing amounts: (a) the Maximum SANDAG Amount Approved of $ ., or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is L- percent (L%). SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application for funding from SANDAG for the Project is the amount that forms the bask upon which SANDAG determines the Maximum SANDAG Ariuurri Awarded and Maximum Percentage(s) of SANDAG Participation. V. MATCHING FUNDS Grantee has proposed to provide matching funds for the Pro j end t1 et',efore agrees as follows: A. Duty to Obtain Matching Funds. The Grantees to provides itient funds or approved in -kind resources, together with the Is -'or ATGP] Funding sled, that will assure payment of the actual cost of each ProActivity covered by this A ent. The amount of matching funds and percentage(s) o chin,94tris Grantee sha rovide are set forth in the Approved Project Budget. The Grantee Sao complete all proceedings necessary to provide its share of the*Project costs at or sire the time the matching funds are needed for Project costs. B. Prompt Payment of Matching F �. ThelStrItee:agreestkprovide the proportionate amount of the matching funds prom as it inc ".costs'or Project costs become due. Each of Grantee's invoices_ must includ zits pro irate fund contribution as reflected in the Approved Pro' #E . along witIllonprting, descriptive and/or explanatory documentation wr a matt rig funds primed. C. Reduction of �,ing F 1s •The Grant agrees that no refund or reduction of the amount of matching f ' ..+-deunl5; at the same time, a reduction of the proportional -amount ofthe.,(SGIP or' P] Funding provided is made to SANDAG in order to rr nta3ri-°the Ma um Pe ntage(s) of SANDAG Participation. VI. 4 APPROVED PitOa TUDGaER,�' Except teextent that SA DAG determines otherwise in writing, the Grantee agrees as follows: The Grantee SANDAG h e;agreed to a Project budget that is designated the "Approved Project Budge .',';‘,The Gram will incur obligations and make disbursements of Project funds only as authorized by tkeApiiroved Project Budget. An amendment to the Approved Project Budget requires the issuanc pf a: formal amendment to the Agreement, unless the re -allocation of funds among budget items orfiscal years that not increase the total amount of the [SLOP 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 Vll. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amount jaified by the matching share previously provided, or /' • 2. Take any action that would cause the proportion t +Or ATGP] Funding made available to the Project at anytime to exceed th ... + t j �enti101uthorized by the Agreement for the Project. , i" B. Payment by SANDAG. Upon receiving a regyt,lor payment and adeNate..supporting information, SANDAG will make payment, [ooprojects with TDA fundirithorize the County of San Diego to make payment] for eligi ��no 1,o Grantee within dirty (30) days if Grantee has complied with the requirement *: greement, including submission of a Quarterly Report which is incl*ked, as Attachrmen' , dos satisfied SANDAG that the [SGIP or ATGP] Funding requested tsR ed for Project bses in that requisition period, and is making adequate progress t r-completiosistent with Board Policy No. 035. After the Grantee has dem rated s tory comf ante with the preceding requirements, SANDAG may reimburs `:.fie Gra oiir6,fitsiitent allowable costs incurred consistent with the moved Project B dicey NbAG shi 1`retain ten percent (10%) from the amounts inv option of work. SANDAG shall promptly release retention am o t ts. o Grantlpeollowing { ntee's satisfactory completion of work and receipt of GranGranttketifisnal imidice and all reqt,Irkd documentation, C. Eligible Costs. The 9 � C�tagre�s�t_Pxo�ect costs eligible for [SGIP or ATGP] Funding mu t ipTy +jth. the biiJow ng requires, unless SANDAG determines otherwise in irag'. To be-`rle for'byrsement, Project costs must be: Consistent w:t;e Projec*bpe of Work, the Approved Project Budget, and other , provisions of th` Agreement. ti 2. 'N e sary in ory(erto accomplish the Project. 3. ReaseriVilie4ter the goods or services purchased. • 4. Actual neocosts to the Grantee (i.e:; the price paid rninus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). 5. Incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG. 21 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGIP or AT&T 9. Indirect Costs are only allowable with prior SANDAG approval- Grantee must submit the following documentation as part of the grant applicatiota`'rnagterials: (1) an indirect cost allocation audit approved by a qualified independent djtt r or (2) the applicant's proposed method for allocating indirect costs in a 0 with OMB guidelines. Indirect cost allocation plans must be reviewed a rtne annually. 10. Project generated revenue realized by the$rantee shall be uti an support of the Project. Project generated revenue andfitpeoditures, if any, shal imported at the end of the Agreement period. \ . D. Excluded Costs \ 1. In determining the amount f.t541P or ATGP] Fuh ij ;SANDAG will provide for the Project, SANDAG will exclu a. Any Project cost incurred I* the Gr Notice to Proceed to Gra ie.or th Amencjaeittreto; • ;ore e"er the date SANDAG issues a etive-Diate of the Agreement or any b. Aicctst that is'ot included irk; the latest Approved Project Budget; c. Any \cost for 54 property or\et'rjces received in connection with a subagretiTehtjelse,thirdrtydntract, or other arrangement that is required but tot been, cOrta red in or approved in writing by SANDAG; and d. Any` lrteligi fapr.:SANDAG participation as provided by applicable laws, regulate `r ,or pole``` 2.``- .rtain costs attrtmes associated with bicycle and pedestrian projects are not eligible the bene provided is not the exclusive use of bicyclists or pedestrians. These ins s are)t below. a. is ,,t' gutter are part of the roadway drainage system. As such, newly insta led curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. b. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in 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 not be eligible. Appropriate bikeway signage is eligible. d. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. E. The Grantee understands and agrees that payment to the Gr !or any Project cost does not constitute SANDAG's final decision about whether that st jss allowable and eligible for payment under the Project and does not constitute a waift r \atfy,violation by the Grantee of the terms of the Agreement for the or Boar g Project0icy 1Vo4�,The Grantee acknowledges that SANDAG will not make a final;il rmination alniktitthe allowability and eligibility of any cost until the final payment hplifeeCi made on the PNeetor the results of an audit of the Project requested by SANDA or'iti Indepen ent Taxpaye Oversight Committee (JTOC) has been completed, whichei ir,bccurs I If SANDAG ` _-mines that the Grantee is not entitled to receive any portionP or ATGP] Fundin 'requested or paid, SANDAG will notify the Grantee in writing, sta* Pk*reasons. The Grantee agrees that Project closeout will not alter the4t's responsibili ttpeturn any funds due to SANDAG as a result of later refunds, correc s, ante deficlirdes, or other similar actions; nor will Project closeout alter SANDAG's right tO-dipilbviicosts ar'lf teeover funds provided for the Project on the basis of a later audit olaber revie U, ,notifitation to the Grantee that specific amounts are owpd to SANDAG, hethef.#t r eieteoppyments of [SGIP or ATGP] Funding, disallowed :t'O funds reco frptn third parties or elsewhere, the Grantee agrees to promfiemit t1;NDAG thunts owed, including applicable interest, penalties and kit»nistrativeicharges. VIII. ACCOUNTING RECi��' In compliawitil a.ppiicable w regulations, and policies, the Grantee agrees as follows: A. ':�saject Accounts,or".Granstekeagrees to establish and maintain for •the Project either a 'crate set of accous or sear accounts within the framework of an established a tieing system thicn be identified with the Project. The Grantee also agrees to main` documentat' ni-Of all checks, payrolls, invoices, contracts, vouchers, orders, or other accoun - .d-ocumen related in whole or in part to the Project so that they may be clearly identified, i ilvf e &sible, and available to SANDAG upon request and, to the extent feasible, kept#i! to from documents not related to the Project. Et. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by law and regulation. policy, this Agreement, and any other reports SANDAG may specify. 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. ' , / 6f C. Record Retention. During the course of the Project and foiihree years thereafter from the date of transmission of the final expenditure report, the 'agrees to maintain, intact and readily accessible, all data, documents, reports, reand supporting materials relating to the Project, as SANDAG may r hir' e �� D. Access to Records of Grantees and Subgrar t . The Grantee agre t ':permit, and require its subgrantees to permit, SANDAG o authorize94epresentativ upon request, to inspect all Project work, materials, payrolls, an da,ssd to audit the ks, records, and accounts of the Grantee and its subgrantees pi 'to the Project. \ \, Project Closeout. The Grantee ree.that Project closLRltdoes not alter the reporting and record retention requirements of t " Ag ert `\ F. Quarterly Reports. Grantee shall st4trijt writte.9.4qvaerly,repbrts to SANDAG detailing the progress of its work, 9Aperlditures incu ecI, anii,:eirmati uregarding whether the Project is projected to be co aileted:;within the Iirw gie Approved Project Budget, Project Schedul ,'and cons t with BoardPr licy No. 035 and any policy amendments Zri thereto. Granfsll docrt the prog and results of work performed under this Agreement to th'e: rtesfactj rsf.aANDAG- .it'ipcludes progress and final reports, plans, specifications, estim`a s; ;ofhet, ence . attainment of the Agreement objectives, whi ,a ?e nested bj. ANDAG or I antee may be required to attend meetings of 4 �.Y , S 1 A( sta and commit res including but not limited to ITOC, the Regional Planning Con±rnittee, the 1r4. aortatikrt committee; and the SANDAG Board of Directors; to report on to que' vies. 4'prcgress and res G. Co nities Serve -data and Report. If requested, Grantee shall provide SANDAG with data r ring how t}e.Project s benefits and burdens were equitably distributed among sotto an n.omi4pulations in the area affected by the Project, and associated smart growth o X. C irjert Compie$iion, Audit, S&idea &ldt, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. 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 to have financiai and compliance audits pert ►reed as SANDAG may require consistent with the TrarsNet Extension Ordinance. Tharitee agrees that Project closeout will not alter the Grantee's audit responsibilities. P6thi costs are allowable Project costs. For TDA-funded projects: The Grantee agrees to have financial and co n> 1 nce audits performed SANDAG may require consistent with Public Utilities Code S 99245, .TDA funds; a t nsistent with the TransNet Extension Ordinance for TransNet i •s. T 0i-itee agrees tha Project closeout will not alter the Grantee's audit responsi p ;Audit costs are allowable Project costs. \ C. Performance Audit. The Grantee gees. Q operate wit k5ANDAG or ITOC with regard to any performance audit that is perforr d meon tb ct pursuicto the TransNet Ordinance. D. Project Closeout. Proj t closeout oc whprS� DA ifies the Grantee that SANDAG has closed the Proj :applicable; a erjorwards the final [SGIP or ATGP] Funding payment and op o`wle 'that the IAtee has remitted the proper refund. The Grantee agrees that Pr.rloseoutANDAG d +tot invalidate any continuing requirements imposed by the kgment't r unmet rre •ements set forth in a written notification from SANDAG. E. Pro arileee was rded this Agreement based on representations in its grant riIiication reg�atii:the Pr ma's, intended use. If the Project is a capital project, Grantee feby commits to%nued 4the Project for the purposes stated in its application for a a of at feast five ' rs after completion of construction. SANDAG may require Grantee to ?ex,,SGIP fundin .provided for the Project in the event Grantee fails to utilize the Projector -its intend purposes as stated in the grant application or for any disallowed costs. -, / X!_ TIMELY PRD RIGHT OF SANDAG TO TERMINATE A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. 25 B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may susor terminate all or any part of the [SGIP or ATGP] Funding to be provided for the Provf the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if +P AG determines that the purpose of the laws or policies authorizing the Project yviquiyVntitiale,adequately served by the continuation of [SGIP or ATGP] Funding for the Proj t.., • In general, termination of [SGIP or ATGP] Fund4kir the Project will'invalidate obligations properly incurred by the Grantee g‘te the ternfination dat t, the extent those obligations cannot be canceled. If, however, 57kNtAG detgjes that the Gti#e has willfully misused [SGIP or ATGP] Funding by failini'.mdequate progress`,i'or failing to comply with the terms of the Agreerent, SANDAG niOS the right to require the Grantee to refund to SANDAG the entire of #Siirit,pf [SGIP or AT finding provided for the Project or any lesser amount as SANDAGe. E. Expiration of any Project time perionablishe tiriefrojecetthedule will not, by itself, automatically constitute an expirationtermis toit-ei t :freement for the Project, however, Grantee mOitreiliJest and SAtOWItilayagree to amend the Agreement in writing if the Project Sclylid 'wil be met. kkalpendment to the Project Schedule may be made at SANDAG's Lion if Gree's reque0.5consistent with the provisions of Board Policy No. 035. XII. CIVIL RIGHTS The G-agrees-t •ccitkkply v .aJl applicable civil rights laws, regulations and policies and shall inch je t e provisions o tta Sectio 12,.jn each subagreement, lease, third party contract or other €egaiijinding document'cr3erforrk funded by this Agreement. Applicable civil rights laws, regulati nd policies incl4dii but are not limited to, the following: A. Nondi ination,: :$aANDAG implements its programs without regard to income level, disability,`' t.col rand national origin in compliance with the Americans with Disabilities Act and Title d ;e Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the pub 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 employes 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 Housing/Commission implementing California Government Code Section 12990 (a-f), set forth in Chlfet 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into,is,Agreement by this reference and are made a part hereof as if set forth in full. Grant -aDd its subcontractors shall give written notice of their obligations under this clause ta1abori;nizations with which they have a collective bargaining or other agreement. "'�' XIII. OWNERSHIP OF WORK PRODUCT • SANDAG shall own any deliverables created in whotedl~jn par SANDAG's btf,t pursuant to the Scope of Work for the Project. The term "deliv'e a odes, but is not'iimited to, all original drawings, reports, photos, and other documents;ltidng detailed calculations and other r .., work product deveioped for the Project r s vices performed .:the Project. XIV. DISPUTES AND VENUE A. \ ` Choice of Law. This Agreement shft be int i t`•,accordance State of California. B. Dispute Reso t n Prot In the ev t:Grantee has a dispute with SANDAG during the performance f ttli$,Agree ,.t, Grantee ll! continue to perform unless SANDAG informs Grantee in writing;;1 °,cea tit' frmance. Tke,dispute resolution process for disputes arising under this Agreemei" `h ke'a ; . ;,' with the laws of the 1, ,Gr t t0. .,sh II sub `a statement of the grounds for the dispute including all pertinent"s, na es' f persons involved, and supporting documentation, to SANDAG's P Mana .'The Project Manager and other appropriate SANDAG staff .•will review th dtumentaaion in a timely manner and repiy to Grantee within twenty \`,(20) calendar yi . Upon receipt of an adverse decision by SANDAG, Grantee may 'stiit a requlist for reconsideration to SANDAG's Executive Director. The request for re *i.era1ic n f'iust be received within ten (10) calendar days from the postmark date or j'`` '''repiy. The Executive Director wiii respond to the request for reconsidfion within ten (10) working days. The decision of the Executive Director wili be in writing. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SLIP 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 A.gvation) this Agreement or any rights under or interest in this Agreement. • i ' XVI. INSURANCE < Grantee shall procure and maintain during the period o gi'fOrmance .:ibis Agreement, and for twelve (12) months following completion, policies:Of':'-7nsurance fro Msurance companies authorized to do business in the State of California #lie equivalent types dl amounts of self- insurance, as follows: A. General Liability. Combined single limit of 4-4640'per occurrence and $2,000,000 general aggregate for personal arld,bodily injury, ing death, and broad form property damage. The policy must inclu::,ceptable "W ;,of Transfer Rights of Recovery Against Others Endorsement." Th' DJi tifitp ,came SAND, tds an additional insured in the endorsement. A deductible or reter*on may`'be ized, subjeato approval by SANDAG. Automobile LiabilityJ or personal ai iai'.bodiVini)iur•y;`ts It ng death, and property damage in an amount not Ie s tf.7a' -0,000,000. \ C. Workers' Co peuesation ;',rz a Employe ''',Liability. Policy must comply with the laws of the State of Ca rya. Th:.alicr must in aide an acceptable "Waiver of Right to Recover From Others Endor hMNDAG an additional insured. D. Oth' ents.a:tee shall wish satisfactory proof by one or more certificates ,,f 19irnal copie— 4 t it ha -4110,,foregoing insurance. The insurance shall be provided by an <' acceptable insurance :provid' '.-'as determined by SANDAG, which satisfies the following ' s tlnum requiremei 1. \:insurance carer qualified to do business in California and maintaining an agent for s,of pro'within the state. Such insurance carrier shall maintain a current A.M: �t.r & g classification of "A-" or better, and a financial size of "$10 million to $24 mil'n _Klass V) or better," or 2. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in Caiifornia. E. Certificates of insurance shall be tiled with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Insurance policies shall not be canceled without first giving thirty 28 (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. XVII. INDEMNIFICATION AND HOLD HARMLESS A. Generally. With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wage claims against the Project, asserts Ci or established iiabiiity for damages or injuries to any person or property, including/s`si?ji to the Grantee's or its subgrantees' employees, agents, or officers, which arise f or are connected with or are caused or claimed to be caused by the negligent, reckleiti, of ,3lful acts or omissions of the Grantee and its subgrantees and their agents, officers,;;emplo\.in performing the work or services herein, and all expenses of investigat' ` 411:nd defendirtg.:aigainst same, including attorney fees and costs; provided, however, t +e Grantee's duty .demnify and hold harmless shall not include any claims or Iiabiy.0prising from, the establi3�ole negligence or willful misconduct of SANDAG, its Board ofbrors, a t officers, or oyees. B. Intellectual Property. Upon request by SANDAG;-,1* a 'rantee agrees to indemnify, save, and hold harmless SANDAG and iploarci of Directors, ffihers, agents, and employees acting within the scope of their officiar IgiaLnst any liability!, including costs and expenses, resulting from any willful or int 'pna - #ion by the 4titantee of proprietary rights, copyrights, or right of privacy, air q out Cif,tp.Ttau4licati translation, reproduction, delivery, use, or disposition of any datk-fOrnisheff,i4rie.froject. The Grantee shall not be required to indemni07$4ispAG for any, .441.)iatiility caused solely by the wrongful acts of SANDAG employ :Ci`-ag i'' 1 XVIII. INDEPENDENT ITRACTO t A. Status of Grantee:Ao shaiiy r tm.tF e"services provided for within this Agreement as an > e eprder -contra ; a.nd not as`at ;employee of SANDAG. Grantee shall be under the c iii f"of S sas to ``fesuit to be accomplished and not the means, and shall consult w v i'i SANDAG as . vIded fci ;e Scope of Work. The payments made to Grantee pursuant y `0 this Agreement s` ii'be the f #Wand complete compensation to which Grantee is entitled. S AG shall not ma any federal or state tax withholdings on behalf of Grantee. SANDAG shall' "` be require quire to; pay any workers' compensation insurance on behalf of Grantee. Grantee'gr`ees to i nify SANDAG for any tax, retirement contribution, social security, overtime en or workers' compensation payment which SANDAG may be required to make on behalf or any employee of Grantee for work done under this Agreernent. B. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 29 XIX. SEVERABILITY AND INTEGRATION If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. XX. PROJECT MANAGER The Grantee has assigned [INSERT PROJECT MANAGER NAME14 the Project Manager for the Project. Project Manager continuity and experience is deemed se: .J:in Grantee's ability to carry out the Project in accordance with the terms of this Agr rit. G efltee shall not change the Project Manager without first providing written notice to,ANbAG. '' XXI. NOTICE Any notice or instrument required to be given or delivered by depositing the same in any United States 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 NAM [LOCAL AGENCY ADT�; Attn: [LOCAL AGENCY JECT MiANAFR] Notice shall be -effective up"64ipt therea . iced;OS Agreement be given or registered or certified, postage Note : ; INDAG` vt - cts 5 .After receiving this original agreement back from the tee and before +i"tr Fp g the ' irsal agreement for final SANDAG "wet" signatures, Cora with SAitiLiA , nance 'Planning staff that the applicable RTIP has been approv 30 APPROVED AS TO FORM: Office of General Counsel XXII. SIGNATURES The individuals executing this Agreement represent and warrant that they have and authority to do so on behalf of their respective legal entities. iN WITNESS WHEREOF, the parties have executed this Agreement as of above. SAN DIEGO ASSOCIATION OF GOVERNMENTS [INSERT JURISD.ICtiitNj t`:.. GARY L. GALLEGOS OR DESIGNEE A.3ame1 Executive Director %..Mae] .•\` ` \ IsIkriti5403 AS TO FORM: \ • 31 (tie] the legal capacity the date written 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, ET( ;.TYP€S OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BU `i>E 32 ATTACHMENT B BOARD EDDE6C`s? NO. 035 COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy This Policy applies to all grant programs administered through S 1 AG, whether from TransNet or another source, including but not limited to the Smart Grov, rtt ,trve Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior rn G t `Program, Federal Transit Administration grant programs, and Active Transportattioj rant Progra Nothing in this Policy is intended to supersede feder(I or state grant rules, re utations, statutes, or contract documents that conflict with the requihernants in thii Policy. There *never enough government grant funds to pay for all of the project�rthy.d4;ftding in the S ;Diego region. For this reason, SANDAG awards grant funds on a comp ba'sis that takes the grantees' ability to perform their proposed project on a Vinaly basis into ac ,,SANDAL intends to hold grantees accountable to the project schedulese� p 1 ,th**ve_ proposed �nrder to ensure fairness in the competitive process and encourage graritaes tort alr projelemented quickly so that the public can benefit from the project deliver\tiles as sooi-as'f sible. \ Procedures 1. Project Milestpr'Se° nd COnfdation Deadness ! 1.1. When ' Ong arrant agreement `.for a competitive program funded and/or administered by� , ,9tant rOpients rust agree to the project delivery objectives and schgdu si the agr lent. In add nE:0grantee's proposal must contain a schedule that fisu�, ttt follow w::deadlines. ailure to meet the deadlines below may result in i revocation ofj; rant fu not already expended. The final invoice for capital, planning, sir, operations gra Must be . runitted prior to the applicable deadline. \ 1.1.1. Fundg for Capital Projects. If the grant will fund a capital project, the }project must tie completed according to the schedule provided in the grant aemen Ut at the latest, any necessary construction contract must be awarded with n ears following execution of the grant aareement, and construction must' e .completed within eighteen months following award of the construction contract'' Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities_ If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided !ri 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 agreernent. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operatiops must be awarded within one year following execution of the grant agreeme and the operations must cornnence within six months following award o operations contract. If no services contract for operations is necessary, the,, rations project must commence within one year of execution of the grant agr�ri \: 1.1.4 Funding for Equipment or Vehicl4Orants. If the ggi*.will fund equipment or vehicles, the project must be comp' according to thes'eule provided in the grant agreement, but at the latest, y:;iiecessary purchase cone for equipment or vehicles must be awarded withiY�'t a year tawing execu of the grant agreement, and use of the equipment t i ~fair the benefit of e public must commence within six months following aw , of the purchase contract. 2. Project Milestone and Completiar. De 170 Extensions'` `.'.' 2.1, Schedules within grant agyr �ements it lude pr scopes and schedules that will identify interim milestones in lotion trw'' 7x dkt ,ribedtin Section 1 of this Policy. Grant recipients malAteive extensi s<on n project -schedules of up to six months for good cause. Eros• t;p to six m s*iggregate that would not cause the project to miss a com etion dead) in Secti • may be approved by the SANDAG Executive Director. Exte s beyo sic months ategate or that would cause the project to miss a completion dea n':1:'irt.rst be roved by the Policy Advisory Committee that has 13e.en_ciej.egateAtle.-ecessaryt4k1thOrity by the Board. For an extension to be granted l er-th Semen 2, tKikfOlawing conditions must be met: 2.1.1. For e Ctensio=.rOtauests of up to six months, the grantee must request the extension rk.Wr,iting t se SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being .requested. T Executive Director or designee will determine whether the extension \` %uld be gfanted. The Executive Director's action will be reported out to the Board r 401k). •'ionth'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 / implication will' • ieored by -the eva 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligation by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects 4 at were already granted extensions by the Executive Director and are again fallig',',behind schedule), will be considered by the Policy Advisory Committee upon ,re1quest to the SANDAG Program Manager. f 3.2 A grantee seeking an extension must S(wment previ efforts undertaken to maintain the project schedule, explain the reon'for the delay, jinn why the delay is unavoidable, and demonstrate an ability toet4c.teed in the extended ti • frame the grantee proposes. The grantee must provide the nery inforrgn to SAND off to place in a report to the Policy Advisory Committee. 'ltsj ' ii'1s,,time is availablend the grant utilized TransNet funds, the request will first . n to the Independent Taxpayer Advisory Committee (ITOC) foie ' a _. recommenato*., The grantee should make a representative available at theV4n i .:to present\ti Wformation to, and/or answer questions from, the 1TOC and Poli Advi Oimmittee. ,. 3.3 The Policy Advisory Commitilovill orl :grec a [itextension under this Section 3 for extenuating circumiit'iis.that the gri#tiee.E) not hie `reasonably foreseen. 4. Resolution andlxecution'the Grant Agreement • ii 4.1 Two we noriteleyiew by4he Policy Advisory Committee of the proposed grants, prospectiv'q r •s irmit a resolution from their authorized governing body tha `iwT t s the proviions in this 511i ion 4.1. Failure to provide a resolution that meets ;.ihe,:^ {u1re ,in this:,Aubsection 4.1 will result in rejection of the application and the e'tiroppe feam consideration with funding going to the next project as ion corsiiO4ttee. In order to assist grantees in meeting Lhis resolution dJine, when SA AG issues the call for projects it will allow at least 90 days for grant pp *ion submiss , GplItee governing body commits to providing the amount of matching f itffIrth ir, the grant application. 4.1.2 \Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 35 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 Amended: November 2014 36 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAL, with updated contact information in a timely manner if there are any changes to staff assigned. 2. Baseline Data Collection: Prior to the construction of gr - sided improvements, the Grantee is responsible for developing a baseline data collecti . `plan with SANDAG to gather information on pedestrian and bicyclist activity. At a mini 0, :. .ta should be collected for • observed bicycle and pedestrian volumes, behavior, and atti min t .pxpkect area. Once the data collection plan is approved by SANDAG staff, the Grant* is responsib fet•.carrying out the plan and returning collected data to SANDAG as a deiiverb1e: Standardized r. required for data collection will be provided by SANDAG. • Grantees are encouraged to use the National Ric ;,,and%a estrian Docurrieqtation Project methodology and plan for the following: i;nrction, during' ational Documentation Days in the em amounts and s can be conducted during lsonal' de,."iFdesired. � ' Conduct counts prior to proje second week of September. Su January, May, and July to provide Conduct counts for two_ hours, at p attracting utilitaj,rt `tri.hould be 5 to 7 p.m., wl-4rs"faci1i.attractin from 9 to 11ia,,rirr. , 'timeitaletive.Wifie facility. For example, facilities , a Tuesday, Wednesday, or Thursday from 'eational trips should be counted on a Saturday, In the case that the abbe ti **cleen1 d: infeasible due to the project schedule, the Grantee and-SANDAG will- collaborate'- 'alternative data collection methodology and procedure' A s pt;of Grantees 4r, m yCbselectin-depth evaluation by SANDAG, in which case, SANDAG wiii c.`"'skint the data toile Wtih required participation from Grantee staff. Such in-depth evaluati• x `conducted by SANDAG will take place solely for the purpose of SANDAG Active Tran y,:• tion data; collection and monitoring efforts, and will not impact Grantees' budgets. Grantees should p tr -! udget five thousand dollars ($5,000) for data collection. For questions or assistance with da .'collection, contact Christine Eary at Christine.Eary@sandag.org, or (619) 699-6928. 3. Design Development and Community Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 37 4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG 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 quartexv, reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated prt?ess next quarter, pending issues and actions toward resolution, and status of budget and schie:ddfe. Furthermore, the Grantee agrees to provide project milestone information (such as pres. a :to community groups, other agencies, and elected officials, ground-breakings, and ri f=cu),to support media and communications efforts. 7 / 6. Media and Community Outreach Coordinate : press materials shall b i:ovided to SANDAG staff before they are distributed. SANDAG logo(s) .ou11 be incl ed in press i.als and other project collateral. Furthermore, the grantee agrees . roved . ject mileston formation to support media and communications efforts. \ 7. Photo Documentation: Grantees ate rnsible for the ft. ting photo documentation: b: \ ... • Before and after photos, which mid 'be4l from sim 11ai angles to showcase how a particular area has been transform) over time ` `, Project milestone iii&i such as gro ings and -ribbon -cuttings). a Photos taken th ughout instruction sts'and throughout the length of the project. Photos should be i resolut'k .'(at least 4 i es by 6 inches with a minimum of 300 pixels per inch) and contain ca \;dies Qjftt..descriptons, dates, locations, and the names of those featured, if..appropriate:, '----4, r. . 8. Pro)s Sgnage4a4),proje +Dr;program in excess of $250,000 funded in whole or in part by revOt.aes-from the Trans&et`Extens b.rdinance shall be clearly designated during its construction or i'.entation as bei. i3,rovide �y such revenues. SANDAG will provide sign specifications. Grantee rises to follow si n.s ecifications and submitproof files to SANDAG for approval �1 A before printing. 9. Performanc. ` ,pitp<Op0: SANDAG staff may measure performance of the constructed capital i rnprovemer is agal project objectives, and evaluate the overaii 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 I. 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 egreed upon Scope of Work with SANDAG (Attae}i Bent A). i 3. Quarterly Reports. Grantee must submit quarter) y,newts to SANDAG, detailing accomplishments in the quarter, anticipated progress ne ,iqrt •.pending issues and actions toward resolution, and status of budget and schedule. 4. Stakeholder and Community Meetings. Gran must provide SAND▪ Aq with advance notice (preferably within two weeks) and agendas of astakeholder and commun Meetings, and a meeting summary following the meeting. SANDAG s of may attindany meetings appropriate. 5. Media and Community Outreach Coordination. P>eiq materials shall be provided to SANDAG staff before they are distributed. SANE$G I o(s) should beJi eluded in press materials and other project collateral. Furthermore, the Grknti gr'ees to provide project milestone information to support media and communications effo ', `< 6. Photo Documentation. Grantees are re nsible,,fbr Vie:.titilowing photo documentation: • Existing conditip1 ptio .which shoalustrate the current conditions of the project site and demonstrifitathe needjoi improved ac Irties • Project miles photos _,uch as works'lops, presentations to community groups, other agencies, and el 9 �tf::offi% a � ` t Photos shpillabe high resol tagsi (at least 4 es by 6 inches with a minimum of 300 pixels per inch) .917i`rl on1arr e- thins pt'oject descriptions, dates, locations, and the names of those featuiet, if appropriated 39 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and TransNet/TDA 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 toxt 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:.I1sued R>=P.and convened a selection panel of 5 members from the City, RATS, 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 i approved the consitant contractvwth 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 forthis project. The anticipated date of the first workshop will be in the Febr-ua ry/March'014 timeframe. • Task 3 • Task 4 - Etc, 2. Deliverables Produced This Reporting Period 11 S <UE I)Oi 5: yp,Smir,a"j7Y the del1v i.abicE Droducad during this I :-e(€o�and ..-:'cat_ lto dat :;��l��t�it; , _.. {,,N AG. s)-ii'+;� is i.... can use submitted as an attachment ro thi. report. See Item 5 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 brief description of work anticipated for the next reporting period. Also note any upcoming meetings or workshops.] 5. List of Attachments [INSTRUCTIONS: List any deliverables or invoice documents attached to this report. Attachments over 6MB should be sent via WeTransfer.] WeTransfer Link: https l/sandag.wetransfer.com/ iveN, Example: • Attachment 1: Consultant Contract • Attachment 2: Kick -Off Meeting Notes • Attachment 3: Invoice Spreadsheet • Attachment 4: Invoice Documentation 4 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 (If Different from Grant Scope of Work) Anticipated Completion (if Different from Grant Scope of Work) NTP Date Task 1 [mm/dd/yy] [mm/ddfyyj. [in Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/ddiyy] Task 2: Policy No. 035 Milestone [mm/dd/yy] [rnm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 3: Policy No. 035 Milestone [mm/dd/yy] [mm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yyj 41 PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS Challenges and Actions Toward Resolution (If applicable) [INSTRUCTIONS: If you are experiencing challenges in completing project tasks, :lease provide information about the delay and actions taken to resolve issues. If an amendment is needed, provide justification and check the appropriate box below.] D 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. It is the Grantee's responsibility to ensure compliance with SANDAG Board Policy No. 035: Competitive Grant Program Procedures and grant agreement terms and conditions. • • PART 4: PROJECT STATUS REPORT SIGNATURE Prepared by Date: Project Manager, • 42 JNVOICE INSTRUCTIC�NmS Step 1: 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. Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant Staff Costs should be supported by certified payroll documentation Consultant costs should be supported by the consultant invoice AND a proof of payment. The proof of payment can be either a copy of the check provided to the consultant or prin?out from the project's financial accounting system showing that funds were disbursed Contractor costs should be supported by the contractor invoice, schedule of values, AND;a,proof of payment 'The proof or payment can be either a copy of the check provided to the contractor or a printout from the projects financial accounting system showing that funds were dtsbursed. 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 cf the check provided to the vendor or a printout from the project's financial accounting system showing that funds were disbursed. Clearly identify (i.e., highlight or circle) all grant -related expenses on documents that include nonrrelated costs. Step 3: Complete the Expense Summary. Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurred durng the reporting period. Confirm that you have the adequate documentation. Break down each cost by task. This will help with the next step to complete the invoice statement Double check and make sure all sub -totals have been calculated correctly. Step 4: Complete the Invoice Statement. Enter the costs fcr each task (calculated in Step 3) into the appropriate cells of the Invoice Statement. The SANDAG contribution, match contribution, and retention amounts should automatically calculate. Enter previous costs by task into the appropriate cells of the spreadsheet. The remarnng grant balance should automatically calculate. Step 5: Submit Quarterly Progress Report, Invoice, and Supporting Documentation to SANDAG at: sgatgrants Z1 sandag.ora Sign and scan the completed Quarterly Progress report. Submit it in PDF form Sign and scan the invoice statement. Submit it in PD .form Submit supporting documentation in PDF form. Submit the completed Excel wcrkbbak Files in excess of 6MB'should be submitted via: https:llsandasl.wetrensfer.com No# 43 PART 1: STAFF COSTS Personnel Staff Person A Staff Person B Staff Person C [INSERTADDITONAL LINES AS NEEDED] Time Period mm/dd/yy to mm/dd/yy mm/dd/yy to mm/dd/yy mm/dd/yy to mm/dd/yy Hours Hourly Rate 10 $ 10 $ 10 $ Amount Documentation Attached? 10000 •.$ 1,000.00 YES/NO 100 00 $ 1,000.03 YES/NO 100,00 $ 1,000.03 YES/NO PART 2: CONSULTANT/CONTRACTOR COSTS Consultant/Contractor Consultant XYZ Consultant XYZ Consultant XYZ Outreach Organization ABC [INSERT ADDITONAL LINES AS NEEDED] PART 3: OTHER COSTS Vendor Vendor A Vendor B Vendor C [INSERT ADDITONAL LIVES AS NEEDED] Invoice No. Invoice No. Amount Documentation Attached? $ 10,000.00 YES/NO $ 10,000.00 YES/CVO Invoice Date Description of Cats, 1 1/1/2014 professional services for the month of January 2014 2 2/1120t4 Professranal sersaices for the $ 10,000.00 YES/NO month of February 2014 3 3/1/2014'Professional seruces for the month of March 2014 3/1/2014 Outreach from January 2014 to $ 10,000.00 YES/NO March 2014 Invoice Date Description of Costs Amount Documentation Attached? 1 1/1/2014 Printing costs for January 2014 $ 100.00 YES/NO 1 2/1/2014 News Announcement for $ 100.00 YES/ND February 2014 Workshop 1 2/28/2014 Snacks for February 2014 Workshop 45 100.00 YES/NO To: From: TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE SUCH! MUI HERJEE SANDAL 401 B Strut, Suite 800 San Diego, CA92101-4231 Name Address Project Name: [PROJECT NAME] Contract Number: 500XXX Grant Invoice Number: Billing Period: FRiSM inwice Date: DATE Grant Award: '° $0.00 Balance Remaining $0.00 TO TASK Previous Balance Current MMIDDA YYYto MMIDWWYY Total Expenses SANDAG Total Match Spent Reimbursed to Date Match to Date Total to Date Staff Costs Consultant oaoa Contractor Costs Other Costs This invoice This Invoice This invoice 10 IIEI RFP $0.00 $0.00 $0.00 $0'00 $0.00 $0,00 $0.00 $0.00 $0.00 Existing Conditions Report I $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3 Public Outreach ; $0.00 $0.00 $0.00 $0.00 ' $0.00 $0.00 $0.00 $0.00 $0.00 El El Draft Plan I $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 Final Plan $0.00 $0.00 $0.00 „ 40,00 $0.00 $0.00 $0.00 $0,00 $0.00 Total ( 30.00 $0,00 1 $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 Less 10% Retention: $0.00 lilia:ch % Met to Date: r #DIWOl Total Project Budget Gram+ match Task 1 $0.00 Task 2 $0.00 Task 3. $0.00 Task 4 . $0.00 Task 5 " $0.00 TOTAL $0.00 SANDAG Grant: $0.00 Match: $0.00 SANDAG Contribution % #DIWO' Required Match % ' #D!V/0: 46 CERTIFICATION OF GRANTEE I herebycertifythat the above costs were incurred in performance of the work required under the grant and are consistent with the amounts evidenced by attached supporting documents and e,penditures. Signature Printed Name and Tttt Date <4(4 47 CC/CDC-HA Agenda 3/17/2015 — Page 276 The following page(s) contain the backup material for Agenda Item: 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 Westside Mobility Improvement Project in the amount of CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 AGENDA ITEM NO. ITEM TITLE 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 Sun Diego Association of Governments for Westside Mobility Improvement Project in the amount of $2,500,000, and accepting the terms of the Grant Agreement, and committing to providing a local match of $250,000 PREPARED BY: Kuna Muthusamy PHONE: 336-4383 EXPLANATION: DEPARTMENT: Engineering/Public Works APPROVED BY: The Westside Mobility Improvements Project enhances bicycling and pedestrian connections in the Westside Specific Plan area and encourages smart growth development through the following improvements: completing the missing Class ll bicycle facilities, bicycle racks, trash/recycling receptacles, intersection bulbouts at key intersections, ADA-compliant curb ramps at intersections with improved crosswalks, traffic calming circles at 10 intersections, decorative street lighting along the Wilson Avenue and 14th Street community corridors, public art within the traffic circles, and a communications support system. It shall be noted that the Grant Agreement contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in this grant -funded project is limited to accounting processes and financial audits. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: DAIS If grant funds are awarded, staff will return to Council to accept the grant and to appropriate funding. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt the Resolution. FINAL ADOPTION: BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Conceptual Exhibit 2. Sample Grant Agreement 3. Resolution wr,ti� Lr . Wit. U ..s kir 6 L 41 LAY leadd z O O I! .new— .— MAq*INA wmu,"iI,7„I(,MMW0, minx-SI01 nI mi n,W GRANT AGREEMENT TEMPLATE — FOR INFORMATION ONLY [SELECT APPLICABLE PROGRAM: TransNet SMART GROWTH INCENTIVE GRANT PROGRAM OR TransNet ACTIVE TRANSPORTA T ION GRANT PROGRAM] THIRD FUNDING CYCLE GRANT AGREEMENT [AGREEMENT NUMBER1 RFTli1EEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCY/JURISDICTION NAMF.. REGARDING [INSERT FULL PROJECT TELO Ti-IIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agree i#=made this [Day] day of [Month], 2015, by and between the San Diego Association o n 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAL' d`the [Gran lent and Address], hereinafter referred to as Grantee. This agreement expi on [Month] [Da -ear]. Note to Grant Recipient: This Agreement Tem covers p) visions for the SGIP and ATGP. Prior to contract execution, the Gran greelTwOr `tall be tailors „ reflect the Note to SANDAG Contracts Staff: P > ° ternal routin #eferences to SGIP and ATGP should be updated as applicable..` .: Cv � '^`\ The following recitals are a substantive par \f;this Ag`Pr;, Note to SANDAG Contr if: Select ,r,. rc Jt Recitals°or ATGP Recitals. Smart Growth Incej' Progr`tu'(SGIP) Re'ncals (A — J): applicable grant program. A. The SANDAL Boar4454,Dir Jiti<akates fu & under the TransNet local sales tax program to support local transpecttitiOn;.0eibtectS0astru re projects in the San Diego region through a corNotOve process. \ • B. ATransNet Ex%tilran Or• contains provisions to fund the Smart Growth Incentive Pt4gram (SGIP), wh fiinding • = n on April 1, 2008. The SGIP encompasses projects that integrate tranation aiid land use and recognizes the comprehensive effort to intek\afesmart growtttplace making, access to transit, and environmental justice. C. In Janua ' : 10, the14ANDAG Board of Directors approved Board Policy No. 035 — Competitive Grant Prog rsures (Board Policy No, 035), which is included as Attachment B. This Grant Award, reement and the Grantee's performance thereunder are subject to Board Policy No. 35, which includes multiple "use it or lose it" provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number]. E. On December 19, 2014, SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the TransNet SGIP funds for use on capital improvement and planning projects meeting certain criteria. 12 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. G. Note to SANDAG Contracts Staff. Before finalizing this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital G, below. Grantee's Project is funded with [insert dollar amount] in TransNer SLIP funds and the TransNet MPO ID for the Project is [insert ID number]. i'''., it The purpose of this Agreement is to establish the terms and. (tions for SANDAG to provide Grantee with funding to implement the Project. / / I. Although SANDAG will be providing financial assista Grante�tto upport the Project, SANDAG will not take an active role or retain sublal control of .if Project. Therefore, this Agreement is characterized as a funding dent rather than aative \ /• J. Grantee understands that TransNet funds derive fr` t,.tAaittransactions and use tax revenues which fluctuate. SANDAG's fundin romrnitment to 1' Projects, including this Project, is subject to these fluctuations, whipact fundin lability for this Project. Active Transportation Grant Program Gl3s. (A — L)ss.., A. The SANDAG Board of Directors alloca:funda#rnsNet local sales tax program and the Transports O opment A 1 pip'support local bicycle and pedestrian transportation /sing San Diego i through a competitive process. B. The TransNet E on Ordjnance contains 'visions to fund the Bicycle, Pedestrian, and Neighborhood 5a :9'r. Pro a 5fty P-)",whie4 cling began on July 1, 2008. The BPNSP encom asses,b cycle . f.destrianpro ects and recognizes the comprehensive effort to drat st' -#,gro pace making;'access to transit and environmental justice. agreement. C. '`1tcle 3 of the T s<ovides ng for Bicycle and Pedestrian Facilities and Programs. D. eti,ker the TransN W1 NSP and TDA Article 3 funding are commonly referred to as the SA Active Transpiorlation Grant Program (ATGP). E. In Janua $10, thDAG Board of Directors approved Board Policy No. 035 — Competitive Grant Progr.. dares (Board Policy No. 035), which is included as Attachment B. This Grant Award, ="rnent and the Grantee's performance thereunder are subject to Board Policy No. '.35, 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 Cal! 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. 13 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 ID required to complete Recital I, below. 1. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which inciudes [insert doiiar amount] in TransNet BPNSP funds and [insert dollar amot ; n TDA funds, and the TransNet MPO ID for the Project is [insert ID number] and the Claim Number is [insert claim number].• J. The purpose of this Agreement is to establish the tern ,idreon'Ons for SANDAG to provide Grantee with funding to implement the Project." •• K. Although SANDAG will be providing financialntcpance to Grantee to su..a : the Project, SANDAG will not take an active role or retai" antial cool of the Pr.j - Therefore, this Agreement is characterized as a funding ag nt 41w:than a cooper +'e agreement. L. Grantee understands that TransN0f4stids,clerive from r (transactions and use tax revenues which fluctuate. SANDAG's fundin rpnivrittr4htto ATGP\ikplects, including this Project, is subject to these fluctuations, which ay imp `. ing avairatOility for this Project. NOW, THEREFORE, it is agreed_as follows: I. DEFINITIONS A. Application. 1es ned and dated grant plication, including any amendment thereto, with all explanator , soptairtitua, 40:1„.5.!pple etary documents filed with SANDAG by or on behalf of the Grante d / 'cepted q R "d by SANDAG. All of Grantee's application mat olt,Apt kPconfli this Agreement, are hereby incorporated into this Agreement a heiigh fuI1 it"'forth e B. royal, Authorii a on, Coro rence, ifilaiver. A written statement (transmitted in t evititten hard cop or.electronically) of a SANDAG official authorized to permit the Gra to take or o an action required by this Agreement, which action may not be taken or omi without s .,written permission. Except to the extent that SANDAG determines otherwiselritioi:rth approval, authorization, concurrence, or waiver permitting the performancefion of a specific action does not constitute permission to perform or omit other simil `s%actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG tor which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is included in Attachment A. Note to Grant Recipient: Only the applicable grant program will be referenced here, 14 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 or ATGP] funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work described'in the Scope of Work. Grantee shall not i proceed with the work and shall not be ell gam""receive payment for work performed prior to SANDAG's issuance of a Notice to P,ld. G. Subgrantee. Any contractor or consultant, at any tier i-di:;or indirectly with funds flowing from this Agreement for the Project. II. PROJECT IMPLEMENTATION i A. General. The Grantee agrees to carry out the`R etas foil: e'work as described in the 1. Project Description. Grantee agrees to per Scope of Work included as ftttilictiment A. 2. Effective Date. The effecti t a ;-A,greemet`or ny amendment hereto is the date on which this Agreemen or an aniew4rrient is fullOsretuted. The Grantee agrees to undertake Project work pro I y after . fl otice to Proceed from SANDAG. • 3. Grantee's Grant e\ageees.to maintain or acquire sufficient legal, financial rtecim cal, a nanageria acity to: (a) plan, manage, and complete the Project a ! provide foie use of an Ptoject property; (b) carry out the safety and security asp -Of t 'e .and (c)'446Mply with the terms of the Agreement and all applicable laws; utation" 1,).clet pertaining to the Project and the Grantee, r+dut bit no4i ted to theth.e'rrainsiVet Extension Ordinance and Board Policy /'o: U. NA; Project Scher ,w . The U'1 ee agrees to cornpiete the Project according to the ',project Schedul iflcIuded in" Attachment A and in compliance with Board Policy \• �, Na.,035, as ame d, and included as Attachment B. 5. Pkpioalinpkinveritation and Oversight. Grantee agrees to comply with the Proje ktiaiiiMentation and Oversight Requirements, included as Attachment C, and Board P y 1Q. 035, as amended. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG [SGIP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in loss of funding. if Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [SGIP or ATGPI 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. iMiecilia 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. T13 grantee agrees to assist SANDAG with media or community events related to t eject, such as ground breaking and ribbon cutting. Press materials shall b^ ceded to SANDAG staff before they are distributed. SANDAG logo(s) should be i Vie" :ess materials and other project collateral, but may never be included i5docu without advance approval from SANDAG. As part of the quarterly reports submit* :o SANDAG.,the Grantee es to provide project milestone information to suppo i a an unication s. SANDAG reserves the right to use the information p the Grantee for an`y combination of the following, including but not limited to:scrial.media posts, online photo albums, videos, press releases, Pow ;fit- resentations, 64..11pdates, newsletters, and testimonials. In submitting k DAG, the`Wtee agrees to release the rights of the photos to SANDAG for'4usee.. 8. Designa na a Project g g gSi na T of ed Facilities. Each capital project in ex of 0,000 fun. iolit#141e or in part by revenues from the TransNet Extension anc�,. aII be clearr de nated during its construction or implem to on as bet providedb ,Feyenues from the TransNet Extension Ordinance. Grantee a r g *),f'rpject Si age Specifications. SANDAG will provide sign ct. � s e 'f'` lcations. 23tritele agree`s-tiz-iFoi(loLv sign specifications and submit proof files to SANDAG for apprise :before printi g. Baseline b collect' for capital projects, Grantee is required to coordinate with SANDAG staff n the dement of a baseline data collection plan in accordance `\` With the Projectmplementation and Oversight Requirements. B. Appliagiu4 of Law Should a federal or state law pre-empt a local law, regulation, or the TransNet §io #nance, the Grantee must comply with the federal or state law and implementiri l uintions. No provision of this Agreement requires the Grantee to observe or enforce compiiae 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. 16 C. Notice Regarding Prevailing Wages. SANDAG's [SGIP or ATGP] Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). 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 a!I federal, state, and local laws and ordinances as applicable. I . Significant Participation by a Subgrantee. Although theiaraktee may delegate any or almost all Project responsibilities to one or more subgrant rather than any subgrantee, is ultimately responsible f regulations, and this Agreement. tke Grantee agrees that it, c.0!;ntil4pre with all applicable laws, E. Third Party Contracting. Grantee shall not aw; •ontracts over thrthousand dollars ($3,000) on the basis of a noncompetitive pr ent for work to be pe ed under this Agreement without the prior written approval NDAG../Cotitracts aware <,: by Grantee, if intended as local match credit, must meet the re rniirtsi t forth in this Agreement regarding local match funds. F. 1. If Grantee hires a consul i +terry out profes,services funded under this Agreement, Grantee shall eparewi iependent c ..Estimate (ICE) prior to soliciting proposals; publicly .�rertise ;ef Catr sting plbposals for the work; use cost as an evaluation factor ; Jectinglt ct*j nt; document a Record of Negotiati N)sestablishin fi -'Amount paid by Grantee for the consultant service . f an&, sonable; *s through the relevant obligations in this Agre e�t',it to the ultant. 2. if Grante tp cars a_ t construction services funded under this ,.".Agteement,t arOee shaTh ri ICE (e.g., a construction cost estimate) prior to spiit1t44 bids; p fAc y advertis 'for competing bids for the work; award the work to the lo` respon*kand responsible bidder; document a RON establishing that the amount .by Grafor the construction services is fair and reasonable; and -the releva pass throug obligations in this Agreement to the contractor. Gra °s,Responsit nItty to Extend Agreement Requirements to Other Entities 1. En ,Atiletted. Grantee agrees to take appropriate measures necessary to ensure that a >participants comply with all applicable federal laws, regulations, and poiicies a ting Project implementation. In addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a 17 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. era SANDAG OIbii5gations to Th rd-Parties. In connection with., e.;Project, the Grantee agrees that SANDAG shall not be subject to any obligations or114lfties to any subgrantee, lessee, third -party contractor, or other person or entity tha rra party to the Agreement for the Project. Notwithstanding that SANDAG may haves & in or approved any solicitation, subagreement, lease, or third -party contra pt'any ,{ eANDAG has no obligations or liabilities to any entity other than tl-4:03antee, inclu Any subgrantee, lessee, or third -party contractor at any tier. ,/ H. Changes in Project Performance. The Gran, 'Agrees toa `t(fy SANDAG'1 ediately, in writing, of any change in local law, conditions (irrcliu s;40gal, financial, or`technical capacity), or any other event that may adversely of .the'Grantee's ability to perform the Project in accordance with the ter :"\Ot,the Agreemen .U:.as required by Board Policy No. 035. The Grantee also agrees n> °'SANDAG imm Jy, in writing, of any current or prospective major dispute, breach, ulf, 1ation thatdversely affect SANDAG's interests in the Project; and agrees to ;inform S Aalo in Vying, before naming SANDAG as a party to litigation for an t ason. ic+Y'4.At a minimum, the Grantee agrees to send eachfieto SANDAG1x9this subsection to SANDAG's Office of General Counsel/ rl t, JJ Standard of Cta� ,,. The Grange expressly ants that the work to be performed pursuant to this Agreements0,041\bfirpiartiiriiittik accd ii nce with the applicable standard of care. Where.appeoy,a1 by S 1:7AG its Ex. D rdctor, or other representative of SANDAG is in ted_-a jittehkppe o 'r..k, it is undeisfood to be conceptual approval only and does not the Gra 'of resp i,lity for complying with all laws, codes, industry standards, -and liability for da j s taus ,#negligent acts, errors, omissions, noncompliance with '1gry standards,o'ae willful isconduct of the Grantee or its subgrantees. III. ETNICs 1 A. Grantee laeofi uctIStandards of Conduct. The Grantee agrees to maintain a written code d6tActuCt or standards of conduct that shall govern the actions of its officers, employees, cou 'or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with [SGIP or ATGPj Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de 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 18 positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, council or board members, or their agents, or its third -party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by [SGIPp1A4GPj Funding if a real or apparent conflict of interest would be involved. Such a,, kct would arise when an employee, officer, board member, or agent, includi ariy<inember of his or her immediate family, partner, or organization that gpioy it intends to employ, any of the parties listed herein has a financial interen firm co Ling for award. 2. Organizational Conflicts of Interest. i 'Grantee agrees that code of conduct or standards of conduct shall include pros for identifying and p ve ting real and apparent organizational conflicts of rote ,n oroitieLitional confli o 'rjnterest exists when the nature of the work to be p= x'F; �.. ' under a proposed t 'ird-party contract or subagreement ma , without some `z .trictions on future activities. result in an unfair competitive adva tv the third-pa*tractor or subgrantee or impair its objectivity in performingthoc t f work. B. SANDAG Code of Conduct. SAND has esfibtfgthotlpd,licies'eiOncerning potential conflicts of interest. These policies apply to Gra Vie. For a ikt*SANDAG, any ractices which might result in unla if a iyity are prod .i eluding, but not limited to, rebates, kickbacks, or ot!4 tit la,consideratic*.SANDAG staff members are specifically prohibited fro i'perticipatin _ the select process when those staff have a close personal relationship, fai` ittlatio ,._ox past (wi the last 12 months), present, or potential business or employ' yi op Wi-1h a on or business entity seeking a contract with SANDA Itis-unlawfi,I$$jpr-any cont`Par t made by SANDAG if any individual B itiutrilbtr6rItaff ha e.prohibited financial interest in the contract. Staff are also *orbited fron 'se kiting of<ikcaitpting gratuities from any organization seeking funding from C ;:)RDAG. SANDAG*cicers, eE"� es, agents, and Board members shall not solicit or y_a Na Of gifts, gratuitie . ,vors, or anything of monetary value from consultants, potential cons ij# ts, or partiesTitosubagreements. By signing this Agreement, Grantee affirms that it has n000wledge of nthical violation by SANDAG staff or Grantee. If Grantee has any reason tobaeve a!ict of interest exists with regard to the Agreement or the Project, it should notity4r 'AG Office of General Counsel immediately. C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its [SLIP or ATGPj Funding appiication for the Project. D. 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. 19 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 $;d w or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is L percent L%). SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application for funding from SANDAG for the Project is the amount that forms the basis upon which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SANDAG Participation. , V. MATCHING FUNDS Grantee has proposed to provide matching funds for the Proidiet and 'fore agrees as follows: • A. Duty to Obtain Matching Funds. The Grantee oes to provide s i ient funds or approved in -kind resources, together with the or ATGP] Funding ` ed, that will assure payment of the actual cost of each Pr ;activity co ed by this A tnent. The amount of matching funds and percentage(s) of?#,chin s Grantee sha vide are set forth in the Approved Project Budget. The Grantee to complete all proceedings necessary to provide its share of the•Project costs at or re the time the matching funds are needed for Project costs. B. Prompt Payment of Matching FU s. The _agrees` p pvide the proportionate amount of the matching funds prom as it inc ai`t cosh or Project costs become due. Each of Grantee's invpit,es,jnust indudkits.pro, Dina tillpifund contribution as reflected in the Approved Proj t;$gdget.along witils4prting, descriptive and/or explanatory documentatiorkfoitthe matipitig funds p ed. C. Reduction of Nilliating F T,[,e Grant agrees that no refund or reduction of the amount of matchin4:fy le,ni at the same time, a reduction of the proper al7am�ount ;[SGIP r',pATOr Unding provided is made to SANDAG in order to rr►irt Baum P'e age(s) of SANDAG Participation. 4t VI. \ WROVIED PRO3i cTSDGEt;`.. =- Except t . extent that SA DAG determines otherwise in writing, the Grantee agrees as follows: The Grante - h SANDAG h+r*;agreed to a Project budget that is designated the "Approved Project Budge The Gran 'uvill incur obligations and make disbursements of Project funds only as authorized by`t ''' i o Project Budget. An amendment to the Approved Project Budget requires the issuanc f..a farmal amendment to the Agreement, unless the re -allocation of funds among budget items o"fiscal years that not increase the total amount of the [SGIP or ATGP] Funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. 20 VII. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it wili 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 matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amount juitified by the matching share previously provided, or 2. Take any action that would cause the proportion of ..+oi'.ATGP] Funding made available to the Project at any time to exceed th popeent iiaathorized by the Agreement for the Project. B. Payment by SANDAG. Upon receiving a re gpfiror payment and aderte.supporting information, SANDAG will make payment, [o . :.rojects witkTDA fundir authorize the County of San Diego to make payment] for elig : nou t"O'Grantee withi t `irty (30) days if Grantee has complied with the requirement ; ,Agreement, including submission of a Quarterly Report which is incl ed ds Attachrneni:j3 ,la s satisfied SANDAG that the [SGIP or ATGP] Funding requeste KLfor Project Dues in that requisition period, and is making adequate progress t e rompletioitstent with Board Policy No. 035. After the Grantee has dem ated s ,ry commence with the preceding requirements, SANDAG may reimburs a Gra Alretent allowable costs incurred consistent with the ,mod Project Bret I3AG sliaU retain ten percent (10%) from the amounts invQ d4J satisfactory c rn on of work. SANDAG shall promptly release retention amoOlikta Grant following i*Aritee's satisfactory completion of work and receipt of Gran final ins?_e. and all reed documentation. C. Eligible Costs. The't agr5-.ot costs eligible for [SGIP or ATGP] Funding mu tf&nOfy nth the io .ding requi ei°rii nts, unless SANDAG determines otherwise in ltuig:To Lit tble for .ursement, Project costs must be: Consistent wil .` e Proje'Rippe of Work, the Approved Project Budget, and other r provisions of th A reement. 2. ary in or r-to accomplish the Project. 3. Reasatri l.e 4'tfie goods or services purchased. 4. Actual netosts to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). 5. incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG. 21 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGIP or ATGP]. 9. Indirect Costs are only allowable with prior SANDAG approval; Grantee must submit the following documentation as part of the grant applicatio mitterials: (1) an indirect cost allocation audit approved by a qualified independent..d}ter or (2) the applicant's proposed method for allocating indirect costs in ac ce with OMB guidelines. Indirect cost allocation plans must be reviewed .ne Qun`nually. 10. Project generated revenue realized by themeptee shall be uti%ed in support of the Project. Project generated revenue andeiPeniSlitures, if any, shall teported at the end of the Agreement period. D. Excluded Costs 1. In determining the amountr6ii$GIP o r ATGP] Funding SANDAG will provide for the Project, SANDAG will exclua a. Any Project cost incurre ,by the Gramme before eiter the date SANDAL issues a Notice to Proceed to Gran + ,,or the'' ct1'Otte of the Agreement or any Amend rfen'tt iereto; :. b. A cxse that isrot included i 'tie latest Approved Project Budget; c. Any coftior_P/rojectproperty or sices received in connection with a subagre tet °lease,thlt -party'ontract, or other arrangement that is required iii-oe, but histsnot been, C"OlIckitted in or approved in writing by SANDAG; and d. Any'ectipeligi for SANDAG participation as provided by applicable laws, regulan,or Noll ;Main costs attoes associated with bicycle and pedestrian projects are not eligible the bene provided is not the exclusive use of bicyclists or pedestrians. These inss are below. a. COttia d gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. b. Driveway ramps installed across sidewalks 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 roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. d. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. E. The Grantee understands and agrees that payment to the Gra iefor any Project cost does not constitute SANDAG's final decision about whether thatstfs allowable and eligible for payment under the Project and does not constitute a w4i + , .a .yiolatiop by the Grantee of the terms of the Agreement for the Project or Boar cy Nd41105, The Grantee acknowledges that SANDAG will not make a final temination ab the allowability and eligibility of any cost until the final payment ha n made on the Pr csr the results of an audit of the Project requested by SANDACe its Independent Taxpaye'' oversight Committee (ITOC) has been completed, whiche r:caccurs I If SANDAG terrnines that the Grantee is not entitled to receive any portion ee<a'or ATGP] Fundin ' requested or paid, SANDAG will notify the Grantee in writing, sta fts reasons. The Grantee agrees that Project closeout will not alter thee's responsibiliWreturn any funds due to SANDAG as a result of later refunds, correct1t:mance defic es, or other similar actions; nor will Project closeout alter SANDAG'1,right tcrikalie,kcosts ifitkiecover funds provided for the Project on the basis of a later audit ors her revs# Upon iotifitation to the Grantee that specific amounts are o_ eel to SANDAL, wheth f ''exceks,.payments of [SGIP or ATGP] Funding, disallowecreosts, Junds reco t 'rdin third parties or elsewhere, the Grantee agrees to promp siinit t SANDAG the''orr ants owed, including applicable interest, penalties and iortimistrativetharges. \ Vlll. ACCOUNTING RE 1 ;. In compli -te rill Appli.cableia ; regulation3; and policies, the Grantee agrees as follows: *> �, s } A. , `Project Accounts nip Gran e gees to establish and maintain for the Project either a ferilarate set of acco '. or sepae accounts within the framework of an established acailting system th cap be identified with the Project. The Grantee also agrees to maintaat:documentatpnof all checks, payrolls, invoices, contracts, vouchers, orders, or other accoun g.documents related in whole or in part to the Project so that they may be clearly identified, s ily,4cessible, and available to SANDAG upon request and, to the extent feasible, kept a*e from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAL 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, poiicy, this Agreement, and any other reports SANDAG may specify. R. 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 andior 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 forTree years thereafter from the date of transmission of the final expenditure report, the Off' `''agrees to maintain, intact and readily accessible, all data, documents, reports, re icon and supporting materials relatingto the Project,as SANDAG mayr, ire. D. Access to Records of Grantees and Subgraitoos. The Grantee agre 10 permit, and \ require its subgrantees to permit, SANDAG o authorizecyepresentativUpon request, to inspect all Project work, materials, payrolls, and ,dai4, aid to audit the bqoks, records, and accounts of the Grantee and its subgrantees pe v to the Project. E. Project Closeout. The Grantee ees tfiat Project clos ut:does not alter the reporting and record retention requirements oft h t. Quarterly Reports. Grantee shall sum?t writteryquir"*.rdy reports to SANDAG detailing the progress of its work, expenditures lnc1�,d d, arAtirifbriWaticpiegarding whether the Project is projected to be o ted ioithin the li ttt a Approved Project Budget, Project SchedulI d'conl t t with BogioPiSlicy No. 035 and any policy amendments thereto. Gran shall docurtrailt the progr;'and results of work performed under this Agreement to th t sfact #S ANDAG. Ti '[ncludes progress and final reports, plans, specifications, estim ,;T �tst ,e aar�ce i) attainment of the Agreement objectives, whi e.r nested b*fijDAG or It Cj—antee may be required to attend meetings of S PAE st .*nd Eommi ti.SOncluding but not limited to ITOC, the Regional Planning ct rnittee, the NykOportati' Itprnmittee, and the SANDAG Board of Directors, to report on \ Rrogress and rest to que s. G. Comities Servesta and Report. !f requested, Grantee shall provide SANDAG with data rding how tre Project's benefits and burdens were equitably distributed among socio anale0nomi00pUlations in the area affected by the Project, and associated smart growth data. X. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. 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. ¥rce audits performed` SA,NDAG may tcin\99245, f4rTDA funds; The iliTtitee agrees tha>rJ'roject fik'udit costs are allowable Project C. Performance Audit. The Grantee ee otFt ` perate wiIDAG or ITOC with regard to any performance audit that is perfo d.onn thetrorect pursu`a to the TransNet Ordinance. Project Audit. Note to Grant Recipient: Only the applicable ,sections will be included. Note to SANDAG Contracts Staff: Please choose the appropriate: For TransNet-funded projects: The Grantee agrees to have financial and compliance audits pered as SANDAG may require consistent with the TransNet Extension Ordinance. Th%'rariitee agrees that Project closeout will not alter the Grantee's audit responsibilities. Attlitiosts are allowable Project costs. For TDA-funded projects: The Grantee agrees to have financial and co require consistent with Public Utilities Code the TransNet Extension Ordinance for TransNet closeout will not alter the Grantee's audit responsi costs. D. Project Closeout. Projectcloseout oc has closed the Pro' *:applicable payment and o What the agrees that Pr an owle ',closeout imposed by the / 1en from SANDAG. CAI of at least five to r .� SGIP fundin Projec tts intended purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PRE iiplOD RIGHT OF SAB;©Ari T TERitiiii4ATE A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. wh1DA:i'fies the Grantee that SANDAG a aitk'%rfrrwards the final [SGIP or ATGP] Funding Mee has remitted the proper refund. The Grantee tySANDAG devs-not invalidate any continuing requirements unmet regiements set forth in a written notification • «nsistent with E. Pr actAilsertiritese wa a ded this Agreement based on representations in its grant �� ppiication regal'in+ the Pr+arof is intended use. If the Project is a capital project, Grantee heteby cornrnits to*ittrtued u 6f the Project for the purposes stated in its application for a ors after completion of construction. SANDAG may require Grantee ovided for the Project in the event Grantee fails to utilize the 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 she!! provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may susdor terminate all or any part of the (SLIP or AMP' Funding to be provided for the Prgjffthe Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if determines that the purpose of the laws or policies authorizing the Project f tkt 4e adequately served by the continuation of [SGIP or ATGP] Funding for the Project`.,` In genera!, termination of [SGIP or ATGP] FundingfOr the Project will invalidate obligations properly incurred by the Grantees 'ore the terra ination date :the extent those obligations cannot be canceled. If, however, SAG det *es that the vitae has willfully misused [SGIP or ATGP] Funding by failin4. : Riaequate progress:or failing to comply with the terms of the Agreement, SANDAG s the right to require the Grantee to refund to SANDAG the entire 0444.,of [SGIP or A ;ending provided for the Project or any lesser amount as SANDAG• E. Expiration of any Project time period,itablishe the grojectIthedule will not, by itself, automatically constitute an expirationpr termi t of o Agreement for the Project, however, Grantee attrequest and SA14 agree to'amend the Agreement in writing if the Project Sc trje`wit$4 ;t• be met A :amendment to the Project Schedule may be made at SANDAG's etOcretion if Gr`a ee's reques :ais; onsistent with the provisions of Board Policy No. 035. / — XII. CIVIL • The Gra -agrees `tfi'- q c plyi all applicable civil rights laws, regulations and policies and shall inclvik the provisions Of js. Sectio 1 .jn each subagreement, lease, third party contract or other lega %.13Inding document perform rk funded by this Agreement. Applicable civil rights laws, regulatibiRs and policies incl de; but are not limited to, the following: A. Nondla ination I ANDAG implements its programs without regard to income level, disability, `w Cir;• co, e6f4,,,wind national origin in compliance with the Americans with Disabilities Act and TitleAri i$The Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the pubis .'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. 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, et seq.). The applicable regulations of the Fair Employment and Housing/Commission implementing California Government Code Section 12990 (a-f), set forth in Ct 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated int ,Agreement by this reference and are made a part hereof as if set forth in full. Gram an 1•.iits subcontractors shall give written notice of their obligations t�.:l�ror�ra �izati under this clause ons with which they • have a collective bargaining or other agreement. �.�• t .. XIII. OWNERSHIP OF WORK PRODUCT SANDAG shall own any deliverables created in who jn part;SANDAG's bait pursuant to the Scope of Work for the Project. The term "deliv *hides, but is not4imited to, all original drawings, reports, photos, and other documents; lud ng detailed calculations and other work product developed for the Project vices performet% jfie Project. XIV. DISPUTES AND VENUE \ \ '� A. Choice of Law. This Agreement sh 'be int +� .:-,accordance with the laws of the State of California. .. ' j B. Dispute Reso WI Prof '.,In the ev t Prantee has a dispute with SANDAG during the performance of-,thi6. Agreenit, Grantee iJ continue to perform unless SANDAG informs Grantee in writin '.cea,;Ipift--mance. Tf40.dispute resolution process for disputes arising under this Agreeme th,i 1$e agf i s: _ \''.. f `a statement of the grounds for the dispute, including all pertinent t , na 1 s; `'of persons involved, and supporting documentation, to SANDAG's P Ma:sagr:..:The Project Manager and other appropriate SANDAG staff will review the*cumentation in a timely manner and reply to Grantee within twenty \ 1 0) calendar \Niwait a requ re idera • of Spi reconsi ayt. Upon receipt of an adverse decision by SANDAG, Grantee may 'for reconsideration to SANDAG's Executive Director. The request for Must be received within ten (10) calendar days from the postmark date `s "reply. The Executive Director will respond to the request for 1Eon within ten (10) working days. The decision of the Executive Director will be in writing. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG Transportation Committee for ATGP projects, SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. 27 C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. XV. ASSIGNMENT Grantee shall not assign, sublet, or transfer (whether by assignment or4 ovation) this Agreement or any rights under or interest in this Agreement. /' XVI. INSURANCE \ Grantee shall procure and maintain during the period of ier'formance'ilfttlis Agreement, and for twelve (12) months following completion, policiey t ; nsurance frolt insurance companies authorized to do business in the State of California/er the equivalent typ s nti amounts of self- insurance, as follows: < /` . \` A. General Liability. Combined single limit of 4,0OO DO"per occurrence and $2,000,000 general aggregate for personal antbodily injury, irittuiling death, and broad form property damage. The policy must inclu 4. 'ecceptable "1Naik ;of Transfer Rights of Recovery Against Others Endorsement." They oltiy.� name SAN 6\ s an additional insured in the endorsement. A deductible or reten On maybe 1 ed, suble4' d approval by SANDAG. B. Automobile Liability.Jor personal .1r4el'Ipodity"ifilOry;Iraqueling death, and property damage in an amount not [di than 11,000,000. C. Workers' Cor%ensation d Employ * .Liability. Policy must comply with the laws of the State of Cali rnia. Thijkolicy must in a an acceptable "Waiver of Right to Recover From Others Endor nt tienainit5ANDAG, an additional insured. D. Other Requirements. ,koriginal copies 4I t it ha flee shall *fumish satisfactory proof by one or more certificates foregoing insurance. The insurance shall be provided by an acceptable insurance 'provider .as determined by SANDAG, which satisfies the following °tlnum requiremer: 1. \ ri insurance cajiet qualified to do business in California and maintaining an agent for iceof prosy within the state. Such insurance carrier shall maintain a current A.M e ,ra g'classification of "A-" or better, and a financial size of "$10 million to $24 pass V) or better," or 2. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. E. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Insurance policies shall not be canceled without first giving thirty 28 (30) days advance written notice to 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, arse or established liability for property, g, damages or injuries to any person or includin '� to the Grantee's or its :T��Y subgrantees' employees, agents, or officers, which arise frt mi'.o'r are connected with or are caused or claimed to be caused by the negligent, reek! tr Kul acts or omissions of the Grantee and its subgrantees and their agents, officers, rnplo ;.in performing the work or services herein, and all expenses of investigatj 4nd defendin'k;against same, including attorney fees and costs; provided, however, tfi h'e Grantee's duty indemnify and hold harmless shall not include any claims or liabr arising frorr\the establi 4t_R.:sole negligence or willful misconduct of SANDAG, its Board oft4ipixtors, a•officers, or loyees. B. Intellectual Property. Upon request by SANDA tie`:. 'rantee agrees to indemnify, save, and hold harmless SANDAG and i 11d of Directors;:ers, agents, and employees acting within the scope of their officia \icigt**494ihst any lia i) y,. including costs and expenses, resulting from any willful or intea na1-i tii .n by tht,,-0eantee of proprietary rights, copyrights, or right of privacy, ari p out o a pu4licatlt n, translation, reproduction, delivery, use, or disposition of any da furnish t4m'd 'Project. The Grantee shall not be required to indern514.SMDAG for any; cif kability caul "d solely by the wrongful acts of SANDAG employ p ag XVIII. INDEPENDEN TRACTal _ • A. Status of Grantee. „! xi y$.."shall -t ;th "services provided for within this Agreement as an ay-ja epieri. lerl't- ontra ; and not asap mployee of SANDAG. Grantee shall be under the Ofifro1•of SA; Gas to tlke-t suit to be accomplished and not the means, and shall consult <. v/witti SANDAG as lkijittcled fO4litie Scope of Work. The payments made to Grantee pursuant ifais Agreements 'be the' t and complete compensation to which Grantee is entitled. SSG shall not ma"P any federal or state tax withholdings on behalf of Grantee. SANDAG shallq be required/to. pay any workers' compensation insurance on behalf of Grantee. Grantee,:ottees to i lfr nify SANDAG for any tax, retirement contribution, social security, overtime i, nX' .workers' compensation payment which SANDAG may be required to make on beiha.of Grantee or any employee of Grantee for work done under this Agreement. B. Actions on behalf of SANDAG, Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 29 XIX. SEVERABILITY AND INTEGRATION If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. i X: PROJECT MANAGER The Grantee has assigned [INSERT PROJECT MANAGER NAME1 S: t ie Project Manager for the Project. Project Manager continuity and experience is deemedsa Ad..in Grantee's ability to carry out the Project in accordance with the terms of this Agr f ent. a shall not change the Project Manager without first providing written notice to.A XXI. NOTICE Any notice or instrument required to be given or deli red delivered by depositing the same in any United States 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 NAM [LOCAL AGENCY AD S] Attn: [LOCAL AGENCYRiJECT MGER] Notice shall be affective uparj receipt thereof. Note 'M NDAG'tq ltracts Stet.. ,After receiving this original agreement back from the Gr and before gr the+ inal agreement for final SANDAG '"wet" signatures,, con .:with SANDAG ` ante and' Planning staff that the applicable RTIP has been appr®r Agreement`ia}r be given or e, registered or certified, postage 30 XXII. SIGNATURES The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS [INSERTJURISD 99N] GARY L. GALLEGOS OR DESIGNEE Executive Director APPROVED AS TO FORM: Office of General Counsel 31 AAA -*lame] s, ,,. APINtaVEDIAS TO FORM: 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, ETi .'PES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUI Trai N MPO ID NO. 4:. 32 T) ATTACHMENT B SA14( COMPETITIVE IiIfM1T iil*OlfiRAM PROCEMMIIIES Applicability and Pur anse ,f -' h cy BOARD POLICY NO. 035 This Policy applies to all grant programs administered through S iDAG, whether from TransNet or another source, including but not limited to the Smart Gro Its five Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior . t'i C' Program, Federal Transit Administration grant programs, and Active Transportatio`Gr t Progra Nothing in this Policy is intended to supersede fed j.or state grant rules, r rations, statutes, or contract documents that conflict with the requi ents in thir olicy. There a never enough government grant funds to pay for all of the project orthy4 finding in the San,,Diego region. For this reason, SANDAG awards grant funds on a comp ' it'sis that takes the grantees' ability to perform their proposed project on a eIy basis into ac int.;,SANDAG intends w lwiu grantees accountable to the project schedules <tbetilave, proposed order to ensure fairness in the competitive process and encourage grans `t'o tithe r projects "i i Demented quickly so that the public can benefit from the project deliver Des as so .; s' risible. 1. Project Milestone and COMplation Dea 1.1. When gnnng a fgrent agreem >:for .. competitive program funded and/or administered bySiG; giant 4pients irtSt agree to the project delivery objectives and schedt n-the agrNmerit. In add , .grantee's proposal must contain a schedule that fits _ ithin the` followir .:deadlines F'ailure to meet the deadlines below may result in revocation ofall gent fu s• not already expended. The final invoice for capital, planning, K\ or operations gracbts'Must be :rnitted prior to the applicable deadline. 1.1.1. Fuming for Capital If thegrant will fund a capital project, the g; p Projects.P ,\\'Oroject mus be completed according to the schedule provided in the grant raernent ` tt at the latest, any necessary construction contract must be awarded w tr : s a'y~ears following execution of the grant agreement, and construction must c rnpieted 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 Procedures 33 complete within two years following award of the consultant contract. Completion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. if the grant will fund operations, the project must be compieted 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 agreeme,t;;- : nci the operations must commence within six months following award o;4e/ operations contract. If no services contract for operations is necessary, the4perations project must commence within one year of execution of the grant agramerffN 1.1.4 Funding for Equipment or Vehiclei aants. if the t:will fund equipment or vehicles, the project must be comple401 to the s edule provided in the grant agreement, but at the latest,r{ynecessary purchase cons,for equipment or vehicles must be awarded withirkbrie yeay 1pwing executt�i of the grant agreement, and use of the equipment`dt;�vj :for the benefit of the public must commence within six months following aw`biciptihe purchase contract. 2. Project Milestone and Completi hai'►e..,Extensions\' 2.1. Schedules within grant aq rnentsInity de pray t scopes and schedules that will identify interim milestones in k drtion - et .:t crjbed in Section 1 of this Policy. projectasehedules of up to six months for good cause. Exteritiltansq,up to six m aggregate that would not cause the project to miss a comp ±t;it ri deadli+tie';in Section, 1'.may be approved by the SANDAG Executive Director. Extes beyond months agr,gate or that would cause the project to miss a completion deg p 3 :�t�u t be roved by the Policy Advisory Committee that has beepdelegated a -Recess aty" therm by the Board. For an extension to be granted ttiOacilon 2, tfollowing conditions must be met: Grant recipients mayTitteive extensi . / 2.1.1. .extensio t quests of up to six months, the grantee must request the `\ extension ill -Writing tocthe SANDAG Program Manager at least two weeks prior to ''.,, the earliestject schedule milestone deadline for which an extension is being � \ ', ra 'requested. The .Executive Director or designee will determine whether the extension Id be lamed. The Executive Director's action will be reported out to the Board jfo#jovug month'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 SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects,at were already granted extensions by the Executive Director and are again fall behind schedule), will be considered by the Policy Advisory Committee upon rt‘quest to the SANDAG Program Manager. e 3.2 A grantee seeking an extension must dint previ s>''efforts undertaken to maintain the project schedule, explain the re ns-for the delay, ain why the delay is unavoidable, and demonstrate an ability to.ied in the extended ti frame the grantee proposes. The grantee must provide the neisry infor qn to SAND staff to place in a report to the Policy Advisory Committee. Ifgittici _t,time is available and the grant utilized TransNet funds, the request will first: men to the Independent Taxpayer Advisory Committee (ITOC) leir a recommends > The grantee should make a representative available at the, meati<tig *o present e:Information to, and/or answer questions from, the ITOC and Poli .Adv`isC i mittee. '‘,, 3.3 The Policy Advisory Commi ` ill o 'grat4 an..ext-ension under this Section 3 for extenuating circurr Fii s that the gi tee.6 1d not have reasonably foreseen. 4. Resolution and cution`cfthe Grant A [!cement e 4.1 Two we cs:prior i ite review b„ttia Policy Advisory Committee of the proposed grants, prospectiveltafftees fruit its elution from their authorized governing body tha indud s•the prciv400iis in thisStkottton 4.1. Failure to provide a resolution that meets ,tfae,reginre,ts in this £itibsection 4.1 will result in rejection of the application and the ./'. implication will roppe 'from consideration with funding going to the next project as ' pred by the evai kton coat $ttee. In order to assist grantees it meeting this resolution 'Nsteaciline, when SA'pAG issues the call for projects it will allow at least 90 days for grant ap t tign submission:- i . 411 Gr tee governing body commits to providing the amount of matching r'u?r4sslat 'orth in the grant application. N 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 SANDAL presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 35 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 Amended: November 2014 36 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants I. Contact Information: Grantee must provide SANDAL with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Baseline Data Collection: Prior to the construction of Grantee is responsible for developing a baseline data collecti information on pedestrian and bicyclist activity. At a mini observed bicycle and pedestrian volumes, behavior, and atti collection plan is approved by SANDAG staff, the Grant, and returning collected data to SANDAG as a delivessble'Standardized collection will be provided by SANDAG. Grantees are encouraged to use the National Bii' methodology and plan for the following: • Conduct counts prior to proje ccnvction, during\NTonal Documentation Days in the second week of September. Su legit amounts and "e s can be conducted during January, May, and July to provide se4sonarda kr-if desired. f Conduct counts for two hours, at pelt: times'reletive ► tfe facility. For example, facilities attracting Weis utilita tt p- h sould be c n ;xn a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., wJrs facil s attractinOeereational trips should be counted on a Saturday, from 9 to 114.d gr `l�- rri'ded improvements, the pJ»3n with SANDAG to gather tti3ta should be collected for in itkproject area. Once the data sresponsibte.j tt.carrying out the plan '♦...required for data and/ e estrian Docurneetation Project In the case that the ab idefriiMitt ai ,.:deers l-infeasible due to the project schedule, the d-- Grantee anSANDAG wcollaborate -11,4%-ail alternative data collection methodology and procedure: A st4 set.of Grantees mayi`be. select in-depth evaluation by SANDAG, in which case, SANDAG will C 'et the data colle o effort h required participation from Grantee staff. Such in-depth evaluati Oonducted bySNDAG will takeplace solelyfor the }}- purpose of SANDAG Active Tran olrtation data i collection and monitoring efforts, and will not impact Grantees' budgets. Grantees should planto. # +idget five thousand dollars ($5,000) for data collection. For questions or assistance with datav'collection, contact Christine Eary at Christine.Eary@sandag.org, or (619) 699-6928. 3. Design Development and Community Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 37 4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG 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, detailing accomplishments in the quarter, anticipated pftress next quarter, pending issues and actions toward resolution, and status of budget and schedule. le. Furthermore, the Grantee agrees to provide project milestone information (such as prese gns'to community groups, other agencies, and elected officials, ground-breakings, and ri cu gs) to support media and communications efforts. ; ' 6. Media and Community Outreach Coordinatiot Press materials shall b rovided to SANDAG staff before theyare distributed. SANDAG Io o(s)�'sfo ld be included in g press lgals and other project collateral. Furthermore, the grantee agrees `l ovid6 p eject mileston . formation to support media and communications efforts. 7. Photo Documentation: Grantees a(( resPonsible for the f ving photo documentation: ▪ Before and after photos, which uld`be„ ken.from sihi#ai•,angles to showcase how a particular area has been transformed over 1... .• • Project milestone iofos ch as groard-jarkildrigs and 'rfbbon-cuttings). • Photos taken tltoughou struction ases-and throughout the length of the project. Photos should be h h>resolut oa at least 4 it es by 6 inches with a minimum of 300 pixels per inch) and contain ca dohs o descri I'ia ns, dates, locations, and the names of those featured, if. appropriate. 8. Project 59gnages, ch proje 'i)r:.program in excess of $250,000 funded in whole or in part by rev iue'from the Tran :t`Extens n Ordinance shall be clearly designated during its construction or la leitientation as heir :provide y" such revenues. SANDAG will provide sign specifications. Granteegs to follow si specifications and submit proof files to SANDAG for approval before printing. 9. Performanc I reit i : SANDAG staff may measure performance of the constructed capital improvements aga =aped project objectives, and evaluate the overall grant program. Grantee is expected to meet wit Y,NDAG 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 SANDAL 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 (Attakfireent A). 3. Quarterly Reports. Grantee must submit quarterly/reports to SANDAG, detailing accomplishments in the quarter, anticipated progress nexeuertesk pending issues and actions toward resolution, and status of budget and schedule. ,., N;/' 4. Stakeholder and Community Meetings. Gram must provide SAND .ywith advance notice (preferably within two weeks) and agendas of ad istekeholder,nd commun ` meetings, and a meeting summary following the meeting. SANDAG sIf May ate Any meetingsll'appropriate. 5. Media and Community Outreach Coordination. Phq materials shall be provided to SANDAG staff before they are distributed. SAN[ At; Io o(s) should b` ded in press materials and other project collateral. Furthermore, the Gr It ,,gees to prow project milestone information to support media and communications effo °\ ' - v_ )lowing photo documentation: 6. Photo Documentation. Grantees are resnsible Existing conditjotis'obotos; which shoOkol wtrate the current conditions of the project site Project miles''tOrie photos Ouch as work s, presentations to community groups, other agencies, and erected offitiaks) - Photos sh d'fle 'h resol.(at least Aificties by 6 inches with a minimum of 300 pixels per inch) 9rfintam't-Vtscns wi project descriptions, dates, locations, and the names of those feat ;,if appropriate 39 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Sm rt Growth Incentive Program and TransNet!TDA Active Transportation Grant Program Quarterly Report Report Submittal Date: [insert] Reporting Period: t!nsert - Example: FY 2014, Quarter 1] PART 'I: 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 intervjewed the 3. firms and selected XYZ Group for this project. The City Council approved the consultant contractwith XYZ Group on January 1, 2014. City staff held a kick-off meeting on January 10, 2014_ • Task 2 - Publik Outreach City .staff and XYZ Group began organizing the first workshop for his project. The anticipated date of the first workshop will be in the February/March'2f114 timeframe. • T,=..)s.ii 3 - Etc ▪ Task 4 - 2. Deliverables ProdMced This Reporting Period IINSTRUC`IIONS: Surnrarize the deliverables produced during this period and indicate the date submitted to SANDAG. Deliverables can be submitted as an «;i::ac:h;•(.er {.^ 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 ant:cipated for the next reporting period. Also note any upcoming meetings or workshops.] 5. List of Attachments [INSTRUCTIONS: List any deliverables or invoice documents attached to this report. Attachments over 6MB should be sent via WeTransfer.] WeTransfer Link: httpsJ/sandag.wetransfer.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 (If Different from Grant Scope of Work) Anticipated Completion (If Different from Grant Scope of Work) NTP pate Task.1 [mm/dd/yy] ' [mm/dd/yy], [s,i. P oq as:-1 Completed/ Not Started] t n Time/ Delayed] [mm/dd/yy] [mmldd/yyj Task 2: Policy No. 035 Milestone [mm/dd/yy] [mm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 3: Policy No. 035 Milestone [mm/ddfyy] [mmidd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] 41 • PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS Challenges and Actions Toward Resolution Of applicable) [INSTRUCTIONS: If you are experiencing challenges in completing project tasks, please provide information about the delay and actions taken to resolve issues. If an amendment is needed, provide justification and check the apprnnria.te hnx hairtut ] ❑ 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. It is the Grantee's responsibility to ensure compliance with SANDAG Board Policy No. 035: Competitive Grant Program Procedures and grant agreement terms and conditions. PART 4: PROJECT STATUS REPORT SIGNATURE Prepared by Date: Project Manager • • 42 INVOICE INSTRUCTIONS Step 1: 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. Provide SANDAL with a copy of any consultant and contractor agreements awarded through the grant Staff Costs should be supported by certified payroll documentation Consultant costs should be supported by the consultant invoice AND a proof of payment. The proof cf payment can be either a copy of the check provided to the consultant or printout from the project's financial accounting system showing that funds were'drsbursed. Contractor costs should be supported by the contractor invoice, schedule of values, AND<aproof of payment The proof of payment can be either a copy of the check provided to the contractor or a printout from the project's financial accounting system showing that funds were disbursed. Other costs should be supported by either an invoice from the vendor or a receipt ANEI 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-releted costs. Step 3: Complete It[e Ecpen3e Summary. Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurred dunng the reporting period. Confirm that you have the adequate documentation. Break down each cost by task. This will help with the next step to complete the invoice statement Double check and make sure all sub -totals have been calculated correctly. Step 4: Complete the Invoice Statement. Enter the costs for each task (calculated in Step 3) into the appropriate dells of the Invoice Statement. The SANDAG contribution, match contribution, and retention amounts should automatically calculate. Enter previous costs by task into the appropriate cells of the spreadsheet. The remaining grant balance should automatically calculate. Step 5: Submit Quarterly Progress Report, Invoice, and Supporting Documentation to SANDAG at: sgatarantsfa�sandag.orq Sign and scan the completed Quarterly Progress Report. Submit it in PDF form Sign and scan the invoice statement. Submit it in PDF form Submit supporting documentation in PDF form. Submit the completed Excel workhbi k Files in excess of 6MB'should be submitteitvia: httm/Isanda wetransfer.com 43 ti7 PART 1: STAFF COSTS Personnel lime Period Hours Hourly Rate Amount Documentation Attached? Staff Person A mm/dd/yy to mm/ddlyy 10 $ 10QO0 $ 1,000.00 YES/NO Staff Person B mm/ddfyy to mmldd/yy 10 $ 100.00 $ 1,000.00 YES/NO Staff Person C mm/dd/yy to mm/dd/yy 10 $ 100.00 $ 1,000.00 YES/NO [INSERTADDITONAL LINES AS NEEDED] PART 2: CONSULTANT/CQNTRACTORCOSTS Consultant/Contractor Consultant XYZ Invoice No. Invoice Date Description of Costs Amount Documentation Attached? 1 1/"!/2314 Professional services f'drthe $ 10,000.00 YES/NO rnt n h of January 2014 Consultant XYZ 2 2/1/2014 Professional services for the . $ 10,000.00 YES/NO month of. Fetuftary 2014 Consultant XYZ 3 3/1/2014 Professional servoes for the $ 10,000.00 YES/NO month of March 2014 Outreach Organization ABC 1 3/1/2014 Outreach from January 2014 to $ 10,000.00 YES/NO March 2014 [INSERT ADDITONAL LINES AS NEEDED] PART 3: OTHER COSTS Vendor Vendor A Vendor1 Vendor C [INSERTADDIIONAL LINES AS NEEDED] Invoice No. Invoice Date Description of Costs Amount Documentation Attached? 1 1/1/2014 Printing costs for January 2014 $ 100.00 YES/NO 1 2/1/2014 News Announcement for $ 100.00 YES/NO February 2014 Workshop 1 2/28/2014 Snacks for February 2014 $ 100.00 YES/NO Workshop 45 i To: From: TRANSNET SMART GROWTH INCENTIVE PROGRAM IrJVOICE SUCK V UICHERJFE SANDAG 401 B Street, Suite 800 San Diego, CA92101-4231 Name ,address Project Name: IPROJECT NAME] Contract Number: 500XXX Grant Invoice Number: Billing Period: FROM Invoice Date: DATE Grant Award: ' Balance Remaining TASK � ��_ Previous Balance Current MWIII]D/YYYYto MMlDDIYYYY Total Expenses 5AMCIAG ivy l Match S :rat Retmbursed to Date Match to Date Total to Date Staff Coats Consultant or Contractor Costs Other Costs This Invoice This Invoice This Invoice 1 RFP $0.00 $0.00 $0.00 '. $0.00._ $OEOO ,. $0.00 $0.00 $0.00 $0.00 2 Existin• Conditions Report $0.00 $0.00 $0.00 $0.00 $0.00 $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 Drab Plan $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0.00 5 Final Plan $0.00 $0.00,, $0.00 -_-._....._._.0.00 „: $0 00 $0.00 $0.00. $0.00 $0.00 $0.00 Total $O.t� $O.I4 $0.00 $0.00 $0.00E $0.00 $0.00 $0.00' Total Current Expenditures: $0.00 Total Amount Due this Invoice: $0.00 Less 10°A ReOentlon: $0.00 Match % Met to Date:fr. #DIV/0! Total Project Budget (Grant + Match! Task 1 $0.00 Task 2 $0.00 Task 3 $0.00 Task 4 $0.00 Task 5 $0.00 TOTAL $0.00 litANDAG Grant: $0.00 Match: $0.00 SANDAG Contribution % #DIV/Oi Required Match % #DIV/01 46 CERTIFICATION OF GRANTEE herebycertifythat the above costs were incurred in performance of the work required under the grant and are consistent with the amounts evidenced by attached supporting documents and expenditures. Signature Printed Name and Title lJate 47 CC/CDC-HA Agenda 3/17/2015 — Page 315 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for National City Pedestrian Safety Enhancements at MidBloc CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 ITEM TITLE: AGENDA ITEM NO. Resolution of the City Council cf the City cf National City authorizing the filing of an application for Active Transportation Grant Program funds through the San Diego Association of Governments for National City Pedestrian Safety Enhancements at MidBlock Crosswalks in the amount of $625,000, and accepting the terms of the Grant Agreement, and committing to providing a local match of $25,000 PREPARED B . Kuna Muthusamy PHONE. 336-4383 EXPLANATION: DEPARTMENT'. Engineering/Public {Afnrks APPROVED BY: The Citywide Pedestrian Safety Enhancements at Midblock Crosswalks Project will generally provide additional pedestrian level lighting enhancements at 14 existing mid -block pedestrian crossing locations throughout the City and meets the Active Transportation objectives of creating a safe environment for pedestrians through complete street design principles and encouraging the development of Complete Streets for a well-connected pedestrian network. Specific improvements will include new solar -powered lights, bulbouts at 4 mid -block crossings, enhanced crosswalk striping, and upgrades to curb ramp to be ADA-compliant. It shall be noted that the Grant Agreement contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in this grant -funded project is limited to accounting processes and financial audits. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: If grant funds are awarded, staff will return to Council to accept the grant and to appropriate funding. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS° 1 Conceptual Exhibit 2. Sample Grant Agreement 3. Resolution L CONCFPTUAL EXHIBIT (page 1 of 4) 9 18 21 z c LEGEND SYMBOL DESCRIPTION MID -BLOCK LOCATIONS FOR GRANT PROJECT TAD -BLOCK LOCATIONS THAT ARE ENHApCED MID -BLOCK LOCATIONS UNDER CONSTRUCTION MID-3LCCK LOCATIONS FOR FUTURE PROJECT MID -BLOCK LOCATIONS location ID Nearest Intersection 1 4th & TAve 2 4th&UAve 3 4th &S. Drexel Ave 4 30th&FSt 5 DAve&26thSt 6 8th&RAve 7 lath &FAve 8 7Ath&FAve 9 DAve&15thSt l.o Kimball Way&EAve 11 Euclid Ave & Beta St :2 8th &Burden Dr I3 16th & G Ave 14 166 & I Avev 55 DAve&9thSt 26 4th&Belmont Ave 17 4th & S. Clairmont Ave 28 8th&Olive Ave 19 8th &Arcadla Plate 20 16th & tanoitan Ave 21 160k&EadeDr :2 16th&BAve 23 16th&FAve 24 18th & CAve :S NCB &14th F.6 Kimball Way & F Ave 27 8th&BAve 28 8th&CAve a9 &h&EAve 30 8th&FAve 31 8th & G Ave 22 eth&KAve 3 18t h &Coolidge Ave 34 Hlghland Ave &Lath 15 Highland Ave&14th 36 Plaza 81 & Highland Av 37 Plaza BI &LAve 38 Highland Ave & 2nd 39 Highl and Ave & 3rd 40 Highland Ave &51h 41 Highland Ave&61h CITY 07 NATIONAL CITY ENCRTEERINC DEPARTMENT EXHIBIT: CI [Y+MDE PEDESTRIAN SAFETY ENHANCEMENTS AT MID —BLOCK CROSSWALKS CONCEPTUAL :EXHIBIT (page 2 of 4) LOCATION 1: 4TH & T AVE NEEDS UCH T1NG LOCATION 5: D AVE & 26ST ST NEEDS UG -RING LOCATION 2: 4TH & U AVE M1EF.DS LIGHTING LOCATION 6: 8TH & R AVE NEEDS LH1111NG AND ENHANCEMENTS LOCATION 3: 4TH & S. DREXEL AVE NEEDS UGHTNG LOCATION 7: 18TH & F AVE NEEDS UGH11NG rCITY OFNATIONAL CITY ENGINEERING DEPARTMENT LOCATION 4: 30TH ; F ST NEEDS UGH"1NG LOCATION 8: 24TH & F AVE NEWS LIGHTING EXHIBIT: CITYWIDE PEDESTRIAN SAFETY ENHANCEMENTS AT MID -BLOCK CROSSWALKS d 1{ 3 1 A 1 1 CONCEPTUAL EXHIBIT (page 3 of 4) LOCATION 9: 0 AVE & 15TH NEEDS LIGHTING LOCATION 13: 16TH & GAVE NEEDS LIGH1ING AND ENHANCEMENTS LC._ATION 10: KIMBALL WAY & E AVE NEEDS LIGHTING LOCATION 14: 16TH do I AVE NEEDS LGHTING AND ENHANCEMENTS LOCATION 11: FUCLID AVE & BETA ST NEEDS LIGHTING AND ENHANCEMENTS LOCATION 12: 8TH & BURDEN DR NEEDS UGH11NG CITY OF NATIONAL CITY ENGINEERH4 DEPARTLENT EXHIBIT: CITYWIDE PEDESTRIAN SAFETY ENHANCEMENTS AT MID -BLOCK CROSSWALKS CONCEPTUAL EXHIBIT (page 4 of 4) STRZ f& AMiXt,18- 16TH STREET & 1 AVENtu_E CITY OI NocIONAL CITY ATGP MID -BLOCK CROSSING IMPROVEMENTS 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 NAMW REGARDING [INSERT FULL PROJECT/7p p THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agre ii rnade this [Day] day of [Month], 2015, by and between the San Diego Association o rn , 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAG 44n, tie [Gran :pient and Address], hereinafter referred to as Grantee. This agreement ex,pii [Month] [Da &ear]. Note to Grant Recipient: This Agreement Temee ,covers previsions for the SGIP and ATGP. Prior to contract execution, the Gran �ente�' applicable grant program. % Note to SANDAG Contracts Staff: P - ternal routirt references to SGIP and ATGP should be updated as applicable. \ , �, -? The following recitals are a substantive pa Of this A tarn Note to SANDAG Contrail 1 : Select Q T '` iiiP' RedtalsvOr ATGP Recitals. Prowrnr (SGIP) RetA.]s (A - J): i Smart Growth Incen A. The SANDAG Boa .'of,Dirotiolif allocates fu *under the TransNet local sales tax program to support local trans fa stru're projects in the San Diego region through a corpotilicscess. B. . ,;TransNet Ex son Or .e contains provisions to fund the Smart Growth Incentive \ gram (SGIP), wig ilunding n on April 1, 2008. The SGIP encompasses projects that integrate transtation air d land use and recognizes the comprehensive effort to smart growt Dace making, access to transit, and environmental justice. C. In Janua $0i0, thg4ANDAG Board of Directors approved Board Policy No. 035 - Competitive Grant Prog, Pr. tires (Board Policy No. 035), which is included as Attachment B. This Grant Award,t'rnent and the Grantee's performance thereunder are subject to Board Policy No. 5, which includes multiple "use it or lose it" provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number]. E. On December 19, 2014, SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the TransNet SGIP funds for use on capital improvement and planning projects meeting certain criteria. 12 F- Grantee successfully applied for TransNet SGIP funding for the [Insert Project Name], as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital G, below. G. Grantee's Project is funded with [insert dollar amount] in TransNet SGIP funds and the TransNet MPO ID for the Project is [insert ID numh'ri, / H. The purpose of this Agreement is to establish the terms and,-letwittions for SANDAG to provide Grantee with funding to impiement the Project. '‘, I. Although SANDAG will be providing financial assist e`to Grantik136 support the Project, SANDAG will not take an active role or retain subs al control of NI Project. Therefore, this Agreement is characterized as a funding aient rather than a c ative agreement. ( ,-• \ `\ / \ J. Grantee understands that TransNet funds derive f r+riNitail,•transactions and use tax revenues which fluctuate. SANDAG's fundin commitment to Projects, including this Project, is subject to these fluctuations, Ipact fundin lability for this Project. \\ \ Active Transportation Grant Program ``GP} = (A — L):\ , A. The SANDAG Board of Directors alloc ,fund *TtnsNet local sales tax program and the Transports llopment A ,`I; o"supportltcaI bicycle and pedestrian transportation p ih San Diego krtthrough a competitive process. i B. The TransNet Eion Ordnce containsvisions to fund the Bicycle, Pedestrian, and Neighborhood Sa P o i;ti ),,whic' i finding began on July 1, 2008. The BPNSP encompasses bicycle . . festriari e ' aro`lects and recognizes the comprehensive effort to irsmtgro 'Dace making,'access to transit and environmental justice. A \• \• C. , Ai' &le 3 of the Tb3:provides ng for Bicycle and Pedestrian Facilities and Programs. ID. ,, er the TransNet NSP anaTDA Article 3 funding are commonly referred to as the SA 4' cctive Trans nation Grant Program (ATGP). E. In Janua?x2littp, th , DAG Board of Directors approved Board Policy No. 035 — Competitive Grant Progrlures (Board Policy No. 035), which is included as Attachment B. This Grant Award, m.ent and the Grantee's performance thereunder are subject to Board Policy No. 35, 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 Cal! 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. 13 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 MPG ID required to complete Recital I, below. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in TransNet BPNSP funds and [insert dollar amoun TDA funds, and the TransNet MPG ID for the Project is [insert ID number] and the T 'Claim Number is [insert claim number]. J. The purpose of this Agreement is to establish the term provide Grantee with funding to implement the Prt. l K. Although SANDAG will be providing financialnce to Grantee to the Project, SANDAG will not take an active role or retai ktantial cg,ntrol of the Pr:Therefore, this Agreement is characterized as a funding agint r than a cooper agreement. Rai con Ons for SANDAG to L. Grantee understands that TransN*tlunds,clerive from r• 'transactions and use tax revenues which fluctuate. SANDAG's fundin corfrotittarit,to ATGP f cts, including this Project, is subject to these fluctuations, which y impaurling avail y for this Project. � o NOW, THEREFORE, it is agreed as follows: I. DEFINITIONS • ` A. Application. signed andeted grant cation, including any amendment thereto, with all explanato si pp fl Suppler )tary documents filed with SANDAG by or on behalf of the Grantend.'ceptep-Qved by SANDAG. All of Grantee's application m togliknotifa;:conflictsrt.ftthis Agree tit, are hereby incorporated into this Agreement *bug h fu"forth h �. Approval, Author'T., •,n, Cahrence, Waiver. A written statement (transmitted in t ltten hard cop o ,electronically) of a SANDAG official authorized to permit the Gra to take or o ap action required by this Agreement, which action may not be taken or omi ik thout s h•iivritten permission. Except to the extent that SANDAG determines otherwise .vvsitio ch approval, authorization, concurrence, or waiver permitting the performance a~ion of a specific action does not constitute permission to perform or omit other simij ^actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task: that has been approved by SANDAG. The Approved Project Budget is included in Attachment A. Note to Grant Recipient: Only the applicable grant program will be referenced here. 14 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 or ATGP] funding under this Agreement. F. 'Notice t® Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work describedin the Scope of Work. Grantee shall not proceed with the work and shall not be eligiii'receive payment for work performed prior to SANDAG's issuance of a Notice to >d. �r. G. Subgrantee. Any contractor or consultant, at any tier, dir'.or indirectly with funds flowing from this Agreement for the Project. ' ✓ II. PROJECT IMPLEMENTATION A. General. The Grantee agrees to carry out theft as fol>I: 1. Project Description. Grantee agrees to perrt.f.10 work as described in the Scope of Work included as tt'iment A. \ .. 2. Effective Date. The effecti dote`tz ,A�greemen or amendment hereto is the date on which this Agreemen gran am is fullyeuted. The Grantee agrees to undertake Project work pro y after, allotice to Proceed from SANDAG. 3. Grantee's The Grantee�>�tio maintain or acquire sufficient legal, financial*Ordeal, a 'c 'mnanagerial capacity to: (a) plan, manage, and complete the Project a .provide fo ttte use of anny Project property; (b) carry out the safety and security asp f t1 -,and (c) amply with the terms of the Agreement and all applicable laws, uIationt,"�.{o cios pertaining to the Project and the Grantee, ,.' dudin ;:but no ' d to the-Thins/Vet Extension Ordinance and Board Policy No 03'g� '. . \ ' , Project Sche .,;!:` . The t` e agrees to complete the Project according to the :'Project Schedulincluded in Attachment A and in compliance with Board Policy kIO.,i, tie), 035, as ame&ded, and included as Attachment B. 5. Pr .@mpl tation and Oversight. Grantee agrees to comply with the rroje to emotion and Oversight Requirements, included as Attachment C, and Board P i:± o. 035, as amended. • or. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria reievant to evaluating and ranking the Project based on SANDAG ESOP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [SGIP or 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. Media 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. T, ranee agrees to assist SANDAG with media or community events related to th4',ject, such as ground breaking and ribbon cutting. Press materials shall be-,-Stir.Ilked to SANDAG staff before they are distributed. SANDAG logo(s) should be i., dp ess materials and other :without advance project collateral, but may never be included i!a.,s approval from SANDAG. videos, press releases, Pow testimonials. In submitting boalkiANDAG, the of the photos to SANDAG forc`use. docu SANDAG, the Grante des to provide a ancrnunications arts. SANDAG As part of the quarterly reports submi project milestone information to suppo reserves the right to use the information p of the following, including byt not limited to: ,presentations, 8. Project Signage and Designa project in ex 0.1 0,000 fun Extension a"nctilit*.l be clears i mnated during its construction or implemitat on as belniiprovided b'kievenues from the TransNet Extension Ordinance 7. Grantee agr` peci#i atjons. prin Baseline®lle For capital projects, Grantee is required to coordinate with SANDAG staft the deveitment of a baseline data collection plan in accordance \ ,`with the Projec tlementation and Oversight Requirements. /the Grantee for and combination media posts, online photo albums, 'gpdates, newsletters, and it.ee agrees to release the rights ,LAIded Facilities. Each capital 5ie or in Ort by revenues from the TransNet Project Si # i ge Specifications. SANDAG will provide sign 9e'agree-s4Q fotkny sign specifications and submit proof files to 8. Applik Iij of Law Should a federal or state law pre-empt a local law, regulation, or the TransNet sio r4rnance, the Grantee must comply with the federal or state law and im lementin„ p smulions. No provision of this Agreement requires the Grantee to observe or enforce compli 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. 16 C. Notice Regarding Prevailing Wages. SANDAG's [SGIP or ATGP] Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). 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 ali federal, state, and !oral laws and ordinances as applicable, D. Significant Participation by a Suibgrantee. Although thegitailltee may delegate any or almost all Project responsibilities to one or more subgranlorth, tie Grantee agrees that it, rather than any subgrantee, is ultimately responsible fo triploote,with all applicable laws, E. Third Party Contracting. Grantee shall not a -contracts over thr*thousand dollars ($3,000) on the basis of a noncompetitive pr•:4:iirnent for work to be pr l .ed under this Agreement without the prior written approva $ tANDAGAciptracts awar d , Grantee, if intended as local match credit, must meet the re • •: tet forth in this Ag`Yeement regarding local match funds. regulations, and this Agreement. f . 1. If Grantee hires a consultnirrry out profes ..services funded under this Agreement, Grantee shall. ,patekr dependen oittEstimate (ICE) prior to soliciting proposals; public; advertise competing pt posals for the work; use cost as an evaluation factor irivoiJectitt •lI - a nt; document a Record of Negotiate filipittablishinktko`amount Old by Grantee for the consultant service '41*—a-f-titteksonable;tepias through the relevant obligations in this Agre ft to the T# ultant. \ . 2. If Grante f �'400'044 carrppt construction services funded under this , �,.�-yAg reementantes shall ,aari ICE (e.g., a construction cost estimate) prior to ,,, _ sQ1Icftlr ._kids; iikr4icty advertise'or competing bids for the work; award the work to ,= the Io respon)and responsible bidder; document a RON establishing that the c; amount pl]; Zy Gra nor the construction services is fair and reasonable; and pass throug` i e releva, obligations in this Agreement to the contractor. , F. Gram?& Responsilpi'g4y to Extend Agreement Requirements to Other Entities 1. En rg4ff. Grantee agrees to take appropriate measures necessary to ensure that alb olect,participants comply with all applicable federal laws, regulations, and poiicies a Wing Project implementation. In addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a 17 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. Ce Palo SAIIIIOAG Obligations to Third -Parties. In connection with4te Project, the Grantee agrees that SANDAG shall not be subject to any obligations or,bfrties to any subgrantee, lessee, third -party contractor, or other person or entity that not a party to the Agreement for the Project. Notwithstanding that SANDAG may hav ryd,in or approved any solicitation, subagreement, lease, or third -party cant abt,yeany t .. *NDAG has no obligations or liabilities to any entity other than t 00ntee, inclu •.any subgrantee, lessee, or third -party contractor at any tier. H. Changes in Project Performance. The Grant :agrees to,tify SANDAG diately, in writing, of any change in local law, conditions (ir ludi3O{gal, financial, or chnical capacity), or any other event that may adversely affec t Grantee's ability to perform the Project in accordance with the ternisbf_the Agreement.cid. as required by Board Policy No. 035. The Grantee also agrees $7ANDAG immedijy, in writing, of any current or prospective major dispute, breach, Ault; 11ga on that' adversely affect SANDAG's : interests in the Project; and agrees t form SAVAA adso in welting, before naming SANDAG as a party to litigation for an r ason,Aaria it -At a minimum, the Grantee agrees to send each4bbc& o SANDAG iij d 4:ry this subsection to SANDAG's Office of General Counsel, Standard of Cart* The Graifte,expressly ants that the work to be performed pursuant to this Agreement-s4-4,/berfroffiied,iliaccdfibnce with the applicable standard of care. Where.approval by SA Ii A, its Ex o,,tt Dn ctor, or other representative of SANDAL is inLli tjope oK, it is undcrttood to be conceptual approval only and does not the GraM i► f resPolosifitijity for complying with all laws, codes, industry standards, tr>y liability for danitimgros taus ,}negligent acts, errors, omissions, noncompliance with tstry standards,je willf"isconduct of the Grantee or its subgrantees. HI. EMI rsc, \ 1 A. Grantee ede of uctIStandards of Conduct. The Grantee agrees to maintain a written code* & oct or standards of conduct that shall govern the actions of its officers, empioyees, cou'or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with FSGIP or ATGP] Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominai intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective 18 positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, council or board members, or their agents, or its third -party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by [SGIPpt.1TGPj Funding it a real or apparent conflict of interest would be involved. Such atct would arise when an employee, officer, board member, or agent, i cludir4 , ;v rnernber of his or her immediate family, partner, or organization that eipi0, ointends to employ, any of the parties listed herein has a financial interesleinstArm co Ming for award. t 2. Organizational Conflicts of Interest. . grantee agrees tha code of conduct or standards of conduct shall include proris for identifying and p ting real and apparent organizational conflicts of intei . An or tional confli of interest exists when the nature of the work to be p under a proposed third -party contract or subagreement may without some'pstrlttions on future activities, result in an unfair competitive acivalftitOto,the third-patoritractor or subgrantee or impair its objectivity in performing .'ea ti ic,_work. " .'., B. SANDAG Code of Conduct. SAND -:has esta i hhe oiicies`t4pncerning potential conflicts of interest. These policies apply to Gral tee. For i a t*-• ANDAG, any practices which might result in unli•4i#Ovity are pro`i, fduding, bull not limited to, rebates, kickbacks, or otl *a 'considerations. SANDAG staff members are specifically %prohibited frot participatin',)n the select `process when those staff have a close personal relationship, fa reJatio ,,-or,past (wi : ",the last 12 months), present, or potential business or employ . ;with a pion or business entity seeking a contract with SAND 1t is,uniawf r' Any cont`r a-# made ade by SANDAG if any individual BSI' . vtrtaff h rohibited financial interest in the contract. Staff are also r*hibited from" kiting o epting gratuities from any organization seeking funding from fi,iDAG. SANDA pincers, a ki'yees, agents, and Board members shall not solicit or t gifts, gratuitie .favors, or"nything of monetary value from consultants, potential con its, or partiefo"subagreements. By signing this Agreement, Grantee affirms that it has no ledge ofin ethical violation by SANDAG staff or Grantee. If Grantee has any reason to ';live a.cnflict of interest exists with regard to the Agreement or the Project, it should notify tfie aNIDAG Office of General Counsel immediately. C. Bonus or Coma ission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its [SGIP or ATGP] Funding application for the Project. D. False at 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. 19 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 $L or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG 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 amount that forms the basis upon which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SANDAG Participation. V. MATCHING FUNDS Grantee has proposed to provide matching funds for the Pro' end fore agrees as follows: A. Duty to Obtain Matching Funds. The Grantee .a r s to provides cent funds or approved in -kind resources, together with the t or ATGP] Funding ed, that will assure payment of the actual cost of each Pr6j4ctivity co , .ed by this A elefnent. The amount of matching funds and percentage(s) o hing. ds Grantee shall; vide are set forth in the Approved Project Budget. The Grantee b complete all proceedings necessary to provide its share of the Project costs at ofre the time the matching funds are needed for Project costs. ` `. \` \- B. Prompt Payment of Matching F1uols,. Th c.agrees provide the proportionate amount of the matching funds prompir,as it inc #lic0t.,costs`or Project costs become due. Each of Grantee's inv es.,must indud .i pro 8 inaf j and contribution as reflected in the Approved Pro :Bud t, along wit s a sting, descriptive and/or explanatory documentation. for the marpirig funds pr ed. �k C. Reduction of I1 i ing Fin -The Grant •;,agrees that no refund or reduction of the amount of match irig44hOit Tertlik*Oe..,qnleWat the same time, a reduction of the prop l amount ' e.[SGIP o? A j 4P! PRending provided is made to SANDAG in order to itam -the• au tage(s) of SANDAG Participation. tn. <, ROVED PROJ ii9DGE'lf�,�:;` �'' `, Except t extent that SA'4D,4G determines otherwise in writing, the Grantee agrees as follows: The Grante nd SANDAG h,kveagreed to a Project budget that is designated the "Approved Project Budgeix"'The Gran .will incur obligations and make disbursements of Project funds only AS authorized by,ap d Project Budget. An amendment to the Approved Project Budget requires the issuanc fikformal amendment to the Agreement, unless the re -allocation of funds among budget items Q`tefiscal years that not increase the total amount of the [SGIP or ATGP] Funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line iterns. 20 VII. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with 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 matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amount juitified by the matching share previously provided, or i 2. Take any action that would cause the proportion 9#`s'i<l,°. or,ATGP] Funding made available to the Project at any time to exceed th recent authorized by the Agreement for the Project. \ B. Payment by SANDAG. Upon receiving a req t for payment and ade .supporting information, SANDAG will make payment, [ofprprojects with TDA fundi ` ..authorize the County of San Diego to make payment] for eligi . mno ttb'Grantee withiAffiirty (30) days if Grantee has complied with the requiremen Agreement, including submission of a Quarterly Report which is incllitir4as Atrachmen Aass satisfied SANDAG that the [SGIP or ATGP] Funding requestedik4 &_for Project es in that requisition period, and is making adequate progress t w r. completio to istent with Board Policy No. 035. After the Grantee has dem rated.s rye etor . rce with the preceding requirements, SANDAG may reimburs a Gras a pent allowable costs incurred consistent with the d Project B' t/ DAGsh i•retain ten percent (10%) from the amounts inv940.'i.thtOptisfactory c $won of work. SANDAG shall promptly release retention am;to Grantfollowing .ti.tee's satisfactory completion of work and receipt of Gran 4=f.iinal invoke and all re*od documentation. C. Eligible Costs. Thee agrees 1Prolect costs eligible for [SGIP or ATGP] Funding mu taihplyvtitth,the -Pb owing require`m ts, unless SANDAG determines otherwise in sting 'To 6 le for 1:hbursement, Project costs must be: 1 Consistent vv i :e Projece :abpe of Work, the Approved Project Budget, and other ':provisions of th".:Agreement. 2. ietessary in oraerto accomplish the Project. 3. Reasb e -fi/ the goods or services purchased. 4. Actua! net -costs to the Grantee (Le., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). 5. Incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG. 21 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGiP or A T Grj. g Indirect Costs are only allowable with prior SANDAG approval.. Grantee must submit the following documentation as part of the grant applicatio%19i terials: (1) an indirect cost allocation audit approved by a qualified independent4udltor or (2) the applicant's proposed method for allocating indirect costs in ace ifd nbe with OMB guidelines. Indirect cost allocation plans must be reviewed a [ rene annually. 10. Project generated revenue realized by the rartee shall be uti din support of the Project. Project generated revenue andditures, if any, shall reported at the end of the Agreement period. D. Excluded Costs 1. In determining the amountOf [S J.J or ATGP] Fun ig,SANDAG will provide for the Project, SANDAG will excludt'` a. Any Project cost incurre\ithe Gr " e afore ekes the date SANDAG issues a Notice to Proceed to Gran�e C,.or the it1D3•e of the Agreement or any Amend rfePtth reto;• �.. b. AO,cost that isrot included rikthe latest Approved Project Budget; c. Any Ct,for P. Srty or 'Jces received in connection with a suba �; g e en�Eease`,' d yntract, or other arrangement that is required ifiibe,s‘but)kabt been, co hied in or approved in writing by SANDAG; and Any''j)eligibr,SANDAG participation as provided by applicable laws, regular` ',00r pole;: 2. “stain costs at'wes associated with bicycle and pedestrian projects are not eligible the bene.provided is not the exclusive use of bicyclists or pedestrians. These ins%tices areJi to below. a. C and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewaik or bike lane and are not an eligible expense. b. Driveway ramps installed across sidewalks 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 iane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. d. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. E. The Grantee understands and agrees that payment to the Gr pteefor any Project cost does not constitute SANDAG's final decision about whether thatst is allowable and eligible for payment under the Project and does not constitute a waiedet,eff. : r,violation by the Grantee of the terms of the Agreement for the Project or Boardficy N. ri5..The Grantee acknowledges that SANDAG will not make a final ermination as a. ;fie allowability and eligibility of any cost until the final payment hi eri made on the Pra; -or the results of an audit of the Project requested by SANDADr'its Independent Taxpayers' Oversight Committee (ITOC) has been completed, whit `Occurs I I.c r If SANDAG ermines that the Grantee is not entitled to receive any portion ]P'or ATGP] Fundin ` requested or paid, SANDAG will notify the Grantee in writing, stag 3t*reasons. The Grantee agrees that Project closeout will not alter therantee's responsibiihytki return any funds due to SANDAG as a result of later refunds, correct r'rnance defies, or other similar actions; nor will Project closeout alter SANDAG' `right tekkagovv.,costs a re over funds provided for the Project on the basis of a later audit orottier revie".140,.pdtititation to the Grantee that specific amounts are oNeel,to SANDAG vi+etheifor atitkpiiyments of [SGIP or ATGP] Funding, disallows orfunds recrci\efelifilitn third parties or elsewhere, the Grantee agrees to prompdy4 mit f' NDAG then trounts owed, including applicable interest, penalties and SOrrunistrativeitharges. VIII. ACCOUNTING RECVDS/ In complia to licablelfir; regulation's; end policies, the Grantee agrees as follows: A. <'Pr ject Accounts Grant 'agrees to establish and maintain for the Project either a pparate set of accoi , .` or sepa ete accounts within the framework of an established a tin sy stem y stem th 4On be identified with the Project. The Grantee also agrees to main'in documentatn Of all checks, payrolls, invoices, contracts, vouchers, orders, or other accoun4ocumenrelated in whole or in part to the Project so that they may be dearly identifiedrjJvaf`.ible; and available to SANDAG upon request and, to the extent feasible, kep briAte from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by law and regulation, policy, this Agreement, and any other reports SANDAG may specify. 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 eiectronic 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 forr-ee years thereafter from the date of transmission of the final expenditure report, the ! 'anne'agrees to maintain, intact and readily accessible, all data, documents, reports, re (con .,. and supporting materials relating to the Project, as SANDAG may r. D. Access to Records of Grantees and 5ubgr . The Grantee agre to permit, and require its subgrantees to permit, SANDAG oaf,uthorizedfrfepresentatives{ijpon request, to inspect all Project work, materials, payrolls, and da apa to audit the'oks, records, and accounts of the Grantee and its subgrantees p'to the Project. \• E. Project Closeout. The Grantee that Project closL \does not alter the reporting and record retention requirements ofsAat. F. QuarterlyReports. Grantee shall su " *t writtteerp u x .,`reports to SANDAG detailingthe p '�I . Y p progress of its work,{ expenditures inc u i, a"� i�`m n regarding whether the Project is projected to be co eted'.within the li Ihe Approved Project Budget, Project Schedule, e„ rid coris*tit with Boalrctf4icy No. 035 and any policy amendments thereto. Gran stall docu t the prog and results of work performed under this Agreement to th t sfact •SANDAG.tisinciudes progress and final reports, plans, specifications, estirriaWitpatAtrikeice df attainment of the Agreement objectives, whit heested bsOr,OIDAG orilINC„Grantee may be required to attend meetings of SAr' DAG sta1€f. ndcommi't ;,including but not limited to ITOC, the Regional Planning ftsillinittee, the Tranipartatiewktornmittee, and the SANDAG Board of Directors, to report on # r ogress and respviii1• to que s. G. Co x�aties Serve !Alta and Report. If requested, Grantee shall provide SANDAG with data regarding how the Project's benefits and burdens were equitably distributed among socio and om7 lations in the area affected by the Project, and associated smart growth datt \ X. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. 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 R. Project Audit. Note to Grant Recipient: Only the applicable sections will be included. Note to SANDAG Contracts Staff: Please choose the appropriate: For TransNet-funded projects: The Grantee agrees to have financial and compliance audits perfect as SANDAG may require consistent with the TransNet Extension Ordinance. The rStee agrees that Project closeout will not alter the Grantee's audit responsibilities. &t 1tosts are allowable Project costs. For TDA-funded projects: The Grantee agrees to have financial and co require consistent with Public Utilities Code S'it99245, the TransNet Extension Ordinance for TransNet closeout will not alter the Grantee's audit responsi costs. /". \e/ \\ ce audits performed SANDAG may TDA funds; Atonsistent with rantee agrees that Project Audit costs are allowable Project C. Performance Audit. The Grantee ees t� Aerate with' $ iDAG or ITOC with regard to any performance audit that is perfoi d on tfJPect pursiAgt.fo the TransNet Ordinance. D. Project Closeout. Project closeout ocer,wheif SAN DA140tifies the Grantee that SAN DAG has closed the Proa a . ,applicable;e '5crwards the final [SGIP or ATGP] Funding payment and o =owle that the ixle has remitted the proper refund. The Grantee agrees that Pr ',closeout SANDAG doh not invalidate any continuing requirements imposed by the Aek iftly.` unmet re ements set forth in a written notification from SANDAG. `% E. Pjr.40031:11se4nalittee wa kworded this Agreement based on representations in its grant �aiication regalvtthe Pr intended use. If the Project is a capital project, Grantee eby commits to �uedcif the Project for the purposes stated in its application for a of at least fivea rs after ompletion of construction. SANDAG may require Grantee to r�F;t'd SGIP fundinaOtovided for the Project in the event Grantee fails to utilize the Projec •= its intendei'4 purposes as stated in the grant application or for any disallowed costs. XL TIMELY PR D RIGHT OF SANDAG TO TERMjNATE A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Poky No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. 25 B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including Board Policy No. 035 requirements. C. Upon written notice, the Grantee agrees that SANDAG may sus p i;or terminate all or any part of the [SLIP or ATGP] Funding to be provided for the Pro;,t the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if,SNDAG determines that the purpose of the laws or policies authorizing the Project beadequately served by the continuation of [SGIP or ATGP] Funding for the Proj Ira. In general, termination of [SGIP or ATGP] Fund- r .. *the Project will rit invalidate obligations properly incurred by the Grante ire the termination dat6ko. the extent those obligations cannot be canceled. If, however, S AG Bete les that the Gt$,iitee has willfully misused [SGIP or ATGP] Funding by failinidequate progress, or failing to comply with the terms of the Agreement, SANDAG?ma's the right to require the Grantee to refund to SANDAG the entire writof [SGIP or A `funding provided for the Project or any lesser amount as SANDAG ' `]ne. . E. Expiration of any Project time perio tablishe2f refrqjeceIeliedule will not, by itself, automatically constitute an expiration' fermi tioil` Nl Agreement for the Project, however, Grantee !malt retest and SA ay agree to amend the Agreement in writing if the Project ScFue`wilft be met. Aid amendment to the Project Schedule may be made at SANDAG's discretion if Gr> tee's requeStis consistent with the provisions of Board Policy No. 035. N::.. XII. CIVIL RIGHTS ,, The Gr ree3t # ply vU3 ' all, applicable civil rights laws, regulations and policies and shall inclv€de.`the provisions at**, Sect] each subagreement, lease, third party contract or other lega binding document i,perform' ork funded by this Agreement. Applicable civil rights laws, regulate and policies inc!‘tde# but are not limited to, the following: A. Noncliiikrifinination,,SANDAG implements its programs without regard to income level, disability,' th,.,col grid national origin in compliance with the Americans with Disabilities Act and Title . e Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the pubs 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, et seq.). The applicable reguikitions of the Fair Fmp!oyrnent and Hn;ici ig r,nmmiccion implementing California Government Code Section 12990 (a-f), set forth in Cint 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated intcytfilsXgreement by this reference and are made d part hereof as if set forth in full. Gran :and. subcontractors shall give written notice of their obligations under this clause labor Onjzations with which they have a collective bargaining or other agreement. ,� ., XIII. OWNERSHIP OF WORK PRODUCT SANDAG shall own any deliverables created in wholvit>jn pa $ANDAG's bee+it pursuant to the Scope of Work for the Project. The term " deliv s<'�' $ Odudes, but is not -limited to, all original drawings, reports, photos, and other documents`,4004ding detailed calculations and other work product developed for the ProjecclifiervIces performeChOte Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement st\iikiibe int -,accordance with the laws of the State of California. B. Dispute Reso Proc :,In the ev t, rantee has a dispute with SANDAG during the performance of.. Agreen't, Grantee) continue to perform unless SANDAG informs Grantee in writin a•cea ,ipeiftmance. dispute resolution process for disputes arising under this Agreeme tiea t iY: Grarrt.Aa1l sub '>a statement of the grounds for the dispute, including all •'pf persons involved, and supporting documentation, to SANDAG's P. Mena The Project Manager and other appropriate SANDAG staff �will review the`doptcumenta#ion in a timely manner and reply to Grantee within twenty ,•.) calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may :.frhjt a requ.,jor reconsideration to SANDAG's Executive Director. The request for re t eratr-Oust be received within ten (10) calendar days from the postmark date of S iXGi 2 reply. The Executive Director will respond to the request for reconsidetion within ten (10) working days. The decision of the Executive Director will be in writing. /l pertinentNdtites, na 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. 27 C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. XV. ASSIGNMENT Grantee shall not assign, sublet, or transfer (whether by assignment or/ft vation) this Agreement or any rights under or interest in this Agreement. i XVI. INSURANCE Grantee shall procure and maintain during the period o tier'ftirmance 'his Agreement, and for twelve (12) months following completion, policiesrO 'insurance froinsurance companies authorized to do business in the State of California/or the equivalent types,and:amounts of self- insurance, as follows: /" A. General Liability. Combined single limit of $14'per occurrence and $2,000,000 general aggregate for personal ans,bodily injury, inrdkng death, and broad form property damage. The policy must inclu4 e ceptable "W of Transfer Rights of Recovery Against Others Endorsement." Th titt#; name SAN 'as an additional insured in the endorsement. A deductible or reten O;utilized, subject; 0 approval by SANDAG. B. Automobile Liabili ...For personal arO bodily txtjury;-itIOuding death, and property damage in an amount not) thar<;\ 1.,000,000. : C. Workers' Co pensation "13TIO Employe` !Liability. Policy must comply with the laws of the State of Ca tttlia. Thar,;policy must intfitde an acceptable "Waiver of Right to Recover From Others Endrstk n,. $ANDAG %an additional insured. D. Ott R uit ents. tatee shall furnish satisfactory proof by one or more certificates ,( rl #rial copleSkthat it haute foregoing insurance. The insurance shall be provided by an acceptable insurances provider„ as determined by SANDAG, which satisfies the following ii imam requiremei sr;, £ j 1 1. - insurance caj`riet qualified to do business in California and maintaining an agent for a, of pro ss within the state. Such insurance carrier shall maintain a current r tvg .classification of "A-" or better; and a financial size of "$10 million to $24 mi 11 pass V) or better," or , 2. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. E. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Insurance policies shall not be canceled without first giving thirty 28 (30) days advance written notice to 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, asserSor established liability for damages or injuries to any person or property, including, 1m ttyi to the Grantee's or its subgrantees' employees, agents, or officers; which arise fr 'n cr are connected with or are caused or claimed to be caused by the negligent, reckl o jlful acts or omissions of the Grantee and its subgrantees and their agents, officers, emp ° in performing the work or services herein, and all expenses of investigatir 8nd defendi ,:Against same, including attorney fees and costs; provided, however, th t the Grantee's duty o lhdemnify and hold harmless shall not include any claims or liabOtylrising fromfronkthe establi -,sole negligence or willful misconduct of SANDAG, its Board of bkitOttors, ag , officers, or th p oyees. B. Intellectual Property. Upon request by SANDA6;4e.•Grantee agrees to indemnify, save, and hold harmless SANDAG and i`Bxd of Directorsers, agents, and employees acting within the scope of their official,dtut against any liaW1 ty;,,including costs and expenses, resulting from any willful or int ionat - ion by the Grantee of proprietary rights, copyrights, or right of privacy, ar si , out ^Cif p Iicat;On, translation, reproduction, delivery, use, or disposition of any data.;furnish, urn"c '#project. The Grantee shall not be required to indemn _SA$ DAG for any S4J.ch lability caused solely by the wrongful acts of SANDAG employPot' age#s•. XVIII. INDEPENDENtTRACTOM: A. Status of Grantee. ran.-1-1a#1 t f ,the services provided for within this Agreement as an iri epen eti#•contra` t, sand not as-an;#mployee of SANDAG. Grantee shall be under the Orjttot"of SANt s to t ile ult to be accomplished and not the means, and shall consult w i SANDAG as lded foPti.'he Scope of Work. The payments made to Grantee pursuant Nto:*is Agreement s be the'and complete compensation to which Grantee is entitled. S AG shall not m4eany federal or state tax withholdings on behalf of Grantee. SANDAG sha[I' : be require4 . pay any workers' compensation insurance on behalf of Grantee. Grantee,#tees to Oieninify SANDAG for any tax, retirement contribution, social security, overtime workers' compensation payment which SANDAG may be required to make on behb of rantee or any employee of Grantee for work done under this Agreement. R. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 29 XIX. SEVERABILITY AND INTEGRATION If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of 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 NAME]. to Project Manager for the Project. Project Manager continuity and experience is deemed a gel in Grantee's ability to carry out the Project in accordance with the terms of this AgTe0m6nt. tee shall not change the Project Manager without first providing written notice tp4ANDAG. XXI. NOTICE Any notice or instrument required to be given or Ve,red bittlit Agreement `s ay be given or delivered by depositing the same in any United States te, 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 NA el [LOCAL AGENCY AD$] Attn: [LOCAL AGENCY` iJECT [AAGER] Notice shall be -effective upbrIresieeipt therectt Note ,totSANDAG-Ve.ntracts Sit iff:4ifter receiving this original agreement back from the Gran$ a and before kelketing the rnal agreement for final "wet" signatures, con with SANDAG -wince inn Planning staff that the applicable RT!P has been approv ) 30 XXII. SIGNATURES The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCiAT ION OF GOVERNMENTS [INSERT JURISD.]d10N] GARY L. GALLEGOS OR DESIGNEE Executive Director APPROVED AS TO FORM: A'AS TO FORM: Office of General Counsel 31 'le] 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 BUI') //..;. i / T�aill.MPO ID NO. 32 ATTACHMENT B COMPETITIVE GRANT PROGRAM PROCEDURES Appnezab€qty and Purpose of Policy BOARD POLICY NO. 035 f This Policy applies to al! grant programs administered through S, DAG, whether from TransNet or another source, including but not limited to the Smart Growt itive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior<M4m G�t,'program, Federal Transit Administration grant programs, and Active Transportatio ''pr,aht PrograriS Nothing in this Policy is intended to supersede fede�I or state grant rules, re tions, statutes, or contract documents that conflict with the requir its in thi "'Policy. There A. -never enough government grant funds to pay for all of the project •V o thy, riding in the Sakbiego region. For this reason, SANDAG awards grant funds on a comprpasis that takes the grantees' ability to perform their proposed project on a titrte1y basis into aci- nt,,SANDAG intends to hold grantees accountable to the project schedules \-the4.:fiave,proposed grder to ensure fairness in the competitive process and encourage grarilf.i0.164At, tJhe!r project .}`mipJemented quickly so that the public can benefit from the project deliverOb1ies as s&orkpossible. Procedures 1. Project Milestot eand Coniplation Dea 1.1. When' piing aiiorant,.agreem .t'for a competitive program funded and/or administered by A;. rerflrtipients st agree to the project delivery objectives and sche&-in-the agr erit. In a&lltion,.a-,grantee's proposal must contain a schedule that /faiis,,Othio„Dhe folio i g deadlines. Failure to meet the deadlines below may result in / revocation of `A..grant fu'rgg,s. not already expended. The final invoice for capital, planning, tar operations gra` .trust bee``stt itted prior to the applicable deadline. i 1.1.1. Funding` for Capital Projects. If the grant will fund a capital project, the project musk be completed according to the schedule provided in the grant fit*ernen.V.but at the latest, any necessary construction contract must be awarded vv Ntri,,t4 ;years following execution of the grant agreement, and construction must``ke "ebmpleted within eighteen months following award of the construction contrail 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 poiicy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the grant agreeme ;end the operations must commence within six months following award of. operations contract. If no services contract for operations is necessary, the eritions project rnust commence within one year of execution of the grant agr its\ 1.1.4 Funding for Equipment or Vehiciet,trants. If th4ant.will fund equipment or vehicles, the project must be compokeCcording to the s *edule provided in the grant agreement, but at the latest,nty.hecessary purchase conta,for equipment or vehicles must be awarded withii, yea,,r4oltPwing execu of the grant wagreement, and use of the equipment . For the benefit of e public must commence within six months following aw`biolOtthe purchase contract. 2. Project Milestone and CompietiDeOlitto.Extensions ` 2.1. Schedules within grant agiterrients that' ut lide prof ct scopes and schedules that will identify interim milestones in a idjtion -1111944,:tiboc,ribed in Section 1 of this Policy. Grant recipients rnaffeteive extensio(*on voji projetthedules of up to six months for good cause. Ext igns Ot.ti p to six m tfiniggregate that would not cause the project to miss a completion deadI to in Sectio1 '-may be approved by the SANDAG Executive Director. Exte klerts beyo iiimx months aggregate or that would cause the project to miss a completion dea e''in, tori 11 i ,st be` roved by the Policy Advisory Committee that has been_clelegateaffie riecessar thorn by the Board. For an extension to be granted urrt er. this $ecitiog 2, tileffijowing coridittons must be met: 2.1.1. For extension requests of up to six months, the grantee must request the extension i writing taNlhe SANDAG Program Manager at least two weeks prior to the earliest ` lect schedule milestone deadline for which an extension is being requested. Title ixecutive Director or designee will determine whether the extension Mould be geonted. The Executive Director's action will be reported out to the Board ii < wJt nionth's report of delegated actions. 2.1.2. ` 9 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 SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Policy Advisory Committee. 3. Project Delays and Extensions in Excess of Six Months 3.1. Requests for extensions in excess of six months, or that will cause a project to miss a completion deadline in Section 1 (including those projects/at were already granted extensions by the Executive Director and are again fa ',behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. f; 3.2 A grantee seeking an extension must ,dt°grrhent previ iefforts undertaken to maintain the project schedule, explain the r .a wfor the delay, fi lain why the delay is unavoidable, and demonstrate an ability to in the extended tirke frame the grantee proposes. The grantee must provide the nery infor "on to SAND Staff to place in a report to the Policy Advisory Committee siI fi tit time is available, end the grant utilized TransNet funds, the request will first'ke ttjeen to the Independent Taxpayer Advisory Committee (ITOC) -a- recommendaikoti, The grantee should make a representative available at th*, mae -.to present . -formation to, and/or answer questions from, the ITOC and Poi 4dve ito mittee. , 3.3 The PolicyAdvisory Commi ry will o* g, a°ie,.xtension under this Section 3 for extenuating circumailirs. that the grr tee 1d not hire reasonably foreseen. f 4. Resolution and gecution't?'f'the Grant A\jreement 4.1 Two we } nor, 3 -review bl tfie Policy Advisory Committee of the proposed grants, prospectivegt t es-fn but a�ivasolution from their authorized governing body thatindWesthe prov1 otjs in this./ tfon 4.1. Failure to provide a resolution that meets /the r'equYren nts in this$ubsection 4.1 will result in rejection of the application and the application wil Ale-j ropp4#`frpm consideration with funding going to the next project as ``., stored by the eviltOlion cor tee. In order to assist grantees in meeting this resolution 'sezid1ine, when SAr AG issues the call for projects it will allow at least 90 days for grant ap is }tion submissiorrao.• I:1, Gr governing body commits to providing the amount of matching fu\r4. #firth in the grant application. r 4.1.2 `Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 35 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 Amended: November 2014 ,4•0' 114C. sue... 36 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Baseline Data Collection: Prior to the construction of grar6-funded improvements, the Grantee is responsible for developing a baseline data coliectipa3`i-pjan with SANDAG to gather information on pedestrian and bicyclist activity. At a miniptiz x410 should be collected for observed bicycle and pedestrian volumes, behavior, and attitjder'in t project area. Once the data collection plan is approved by SANDAG staff, the Grantei‘is responsibl r carrying out the plan and returning collected data to SANDAG as a deliver:461'e Standardized [ s.. required for data collection will be provided by SANDAG. ti Grantees are encouraged to use the National Bice ,and/estrian Documentation Project methodology and plan for the following: • Conduct counts prior to projectoil auction, during anal Documentation Days in the second week of September. Su frientr -counts a ur eys can be conducted during January, May, and July to provide onal ChatfOf'4.esired. "k.. It Conduct counts for nro hours, at petic.times de'tive the facility. For example, facilities attracting utilita trips should be t.i lim a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., wY facil s,attractin 'recreational trips should be counted on a Saturday, from 9to11itrr.. In the case that the ab tin1'eer'at - -,deem f' infeasible due to the project schedule, the Grantee ar}.cf---SNDAG wi t toilaborate'sik rr:'alternative data collection methodology and procedure, e A s4sekofGrantees may beselect r, in-depth evaluation by will ccgdkct the data collet effort with required participation evaluatidq conducted by'I SANDAG will take place solely Active Iran p nation data; collection and monitoring efforts, budgets. Grantees should pla to.e:idget five thousand dollars ($5,000) fo assistance with daat v collection, contact Christine Eary a (619) 699-6928. SANDAG, in which case, SANDAG from Grantee staff. Such in-depth for the purpose of SANDAG and will not impact Grantees' r data collection. For questions or t Christine.Eary@sandag.org, or 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 SANDAG 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 quarte^ay reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated pr egress next quarter, pending issues and actions toward resolution, and status of budget and s h&hj1 . Furthermore, the Grantee agrees to provide project milestone information (such as prese na" to community groups, other agencies, and elected officials, ground-breakings, and ri l-cu to support media and communications efforts. 6. Media and Community Outreach Coordinatii .Press materials shall b ided to SANDAG staff before they are distributed. SANDAG logo(s)Ikkdulci be inqutled in press►'*teals and other project collateral. Furthermore, the grantee agrees ovi¢e project milestonetrrrformation to support media and communications efforts. 7. Photo Documentation: Grantees a'+e riaittonsible for the fctikking photo documentation: • Before and after photos, which ulc be,.tak n,from si ar.angles to showcase how a particular area has been transformt:over time] ▪ Project milestone osi(uch as group d-lar icings and ribbon -cuttings). ▪ Photos taken tjugii'ostructionis and throughout the length of the project. Photos should be`lligiai•resolutit s.(at least 4 it ,r s by 6 inches with a minimum of 300 pixels per inch) and contain ca ixks,v ti t`oj t descriptt,I9ns, dates, locations, and the names of those featured, if .appropriate. 6. Pro 0;,,Signage. a h,.projes ,orsprogram in excess of $250,000 funded in whole or in part by rev ,.'From the Trant:fxtertilVbrclinance shall be clearly designated during its construction or ii'11.40tentation as bee ,..j ..rovided..y such revenues. SANDAG will provide sign specifications. Granteees to follow sign specifications and submit proof files to SANDAG for approval before printing. \: t 9. Performancb; nitp SANDAG staff may measure performance of the constructed capital improvements aga `.iateci project objectives, and evaluate the overall grant program. Grantee is expected to meet w's5ANDAG 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 foil' Proposals and Consultant Selection. Upon request by SANDAG, Grantee must subrnit consultant draft Request for Proposals to SANDAG staff fopreview and comment for consistency with the agreed upon Scope of Work with SANDAG (Attiagii nt A). 3. Quarterly Reports. Grantee must submit quarterly/% * s to SANDAG, detailing accomplishments in the quarter, anticipated progress nex1,1*ffetAiending issues and actions toward resolution, and status of budget and schedule. / 4. Stakeholder and Community Meetings. Gran must provide SANDAkwith advance notice (preferably within two weeks) and agendas of sti keholder nd community Meetings, and a meeting summary following the meeting. SANDAG st ff day attel my meetings appropriate. 7 5. Media and Community Outreach Coordination. Pr'xnamterials shall be provided to SANDAG staff before they are distributed. SAN :Ip o(s) should _b r uded in press materials and other project collateral. Furthermore, the GrOrit,grees to provi oject milestone information to support media and communications effo sibletft";!lhefolidwing photo documentation: 6. Photo Documentation. Grantees are re • Existing conditiot6s,.p otps iiarhich sho .:: i' Irate the current conditions of the project site and demonstifetlie need.; improve •: .:lities • Project milest photos ch as work "E`•s, presentations to community groups, other agencies, and el -of isiia - Photos shp_ u t ie high. resolubiorj,(at least 4'-i s by 6 inches with a minimum of 300 pixels per inch) d cnt littiV Ons wiiik,project descriptions, dates, locations, and the names of those feats', if appropriaatd \ '` 39 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and TransNetlTDA 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: r • Task 1 - Award Consultant Contract: Issued RFP .and convened a selection panel of 5 membersfrom 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 contractwith 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 forlhis project. The anticipated date of the first workshop will be in the 2014timeframe • 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.] 5. List of Attachments [INSTRUCTIONS: List any deliverables or invoice documents attached to this report. Attachments over 6MB should be sent via WeTransfer.] • WeTransfer Link: 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 e Task Scheduled Start Date (Per Grant Scope of Work) Scheduled Completion Date (Per Grant Scope of Work) Status Timing Anticipated Start Date (If Different from Grant Scope of Work) Anticipated Completion (If Different from Grant Scope of Work) NTP Date Task 1 [mm/dd/yy] [rnm/dd/yy].. [In Progress/ Completed/ Not Started] [On Time/ Delayed] fmm/dd/yy] [mm/dd/yy] Task 2: Policy No. 035 Milestone [mm/dd/yy] [rnm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] f mm/dd/yy] Task 3: Policy No. 035 Milestone [mm/dd/yy] [mm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mrnlddlyyl [mm/dd/yy] • 41 PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS Challenges and Actions Toward Resolution (If applicable) [INSTRUCTIONS: If you -re }.perier,_?nz; chalienges in completing project tasks, please provide information about the delay and actions taken to resolve issues. If an amendment is needed, nrnvirlt� i;ctifiratinn and rharlr tha ar+nrnnrite f' v below.; ❑ No amendment requested at this time 0 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. it is the Grantbe s responsibility to ensurecompliance 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 RaingE INSTRUCTIONS Step 1: 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. Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant Staff Costs should be supported by certified payroll documentation Consultant costs should be supported by the consultant invoice AND a proof of payment. The proof of payment can be either a copy of the check provided to the consultant or printout from the project's financial accounting system showing that funds were'd sbursed.• Contractor costs should be supported by the contractor invoice, schedule of values, AND.a proof of payment The proof of payment cE n be either a copy of the check provided to the contractor or a printout from the project's financial accounting system st cwrng 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 oayment. The proof of payment can be either a copy of the check provided to the vendor or a printout from the project's financial accounting system showing that funds' were disbursed. Clearly identify (i.e., highlight or circle) all grant -related expenses on documents that include nonted costs. Step 3: Complete the Expense Summary. Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurred during the reporting period. Confirm that you have the adequate documentation. Break down each cost by task. This will help with the next step to complete the invoice statement Double check and make sure all sub -totals have been calculated correctly. Step 4: Complete the Invoice Statement. Enter the costs for each task (calculated in Step 3) into the appropriate cells of the Invoice Statement. The SANDAG contribution, match contribution, and retention amounts should automatically calculate. Enter previous costs by task into the appropriate cells of the spreadsheet. The remaining grant balance should automatically calculate. Step 5: Submit Quarterly Progress Report, Invoice,;and Supporting Documentation to SANDAG at: sgatq rantspsandaq.oro Sign and scan the completed Quarterly Progress Report. Submit it in PDF form Sign and scan the invoice statement. Submit it in PDN.form Submit supporting documentation in PDF form. Submit the completed Excel workbook Files in excess of 6M3 should be submitted via: htt�/lsandacwetransf r.com ._ 43 PART 1: STAFF COSTS Personnel Staff Person A Staff Person 8 Staff Person C [INSERT ADDITONAL LINES AS NEEDED] Time Period mm/ddlyy to mm/dd/yy mm/dd/yy to mmido/yy mmlddlyy to mmlddlyy Hours Hourly Rate 10 $ 10 $ 10 $ Amount Documentation Attached? 100.00 $ 1,000.00 YES/NO 100.00 $ 1,000.00 YES/NO 100.00 $ 1,000.00 YES/NO PART 2: CONSULTANT/CONTRACTOR COSTS Consultant/Contractor Consultant XYZ Consultant XYZ Consultant XYZ Outreach Organization A3C [INSERT ADDITONAL LINES AS NEEDED} PAitT 3: OTHER COSTS Vendor VendorA VendorB Vendor [INSERT ADDITONAL LINES AS NEEDED] Invoice No. I nvoice. No. Invoice Date Description of Costs. 1 1/1/2014 Professional services for the m nttt of January 2014 2 2/1/201,4 Profe»ssiOnai services for the month of February 2014 3 3/1/2014 Professional sera -for the month of March 20 4 3/1/2014 Outreach from January 2014 to March 2014 lov Invoice Date 1 1/1/2014 1 2/1/2014 1 2J28/2014 Description of Costs Printing costs for January 2014 News Announcement for February 2014 Workshop Snacks for February 2014 Workshop 45 Amount $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 Amount $ Documentation Attached? YESiNO YES/NO YES/NO YES/NO Documentation Attached? 100.00 YES/NO 100.00 YES/NO $ 100.00 YES/NO To: From: TRANSN.ET SMART GROWTH INCENTIVE PROGRAM WVOICE SUCH! 1IURHERJEE SANDAG 401 B Street, Suite 800 San Diego, CA92101-4231 Llame Address Project Name: [PROJECT NAIVE] Contract Number: 500XXX Grant Invoice Number: # Billing Period: FROM Invoice Date: DATE Grant Award:. ' $0.00 Balance Remaining $0.00 TO TASK 1 RFP Reimbursed to Date $0.00 2 Existing Conditions Report.$0.00 3 Public Outreach 4 Draft Plan $0.00 Previous Balance Match to Date $0.00 $0.00 $0.00 Total to Date $0.00 $0.00 $0.00 Current MM/DMYYYto IMgM/DDIYYYY Cons rat or Contrectoa Staff Costs Costs Other Costs $� OU seto9$O.00 $0.00 $0.00 $0.06 .$0.00 $0.00 $0.00 Total Irzlnonses SANDAG Total Match Spent This Invo os tO 0) 54 013 yi) 01 $0.00 $0.00 $0.00 5 =inal Plan $0.00 $0.00 $0.00 Total $1).00 $,a.003 $0.00 $0 00 $O.00 $0.00 �'$o 00 $0.00 $0.00 $0.06F- Total Prefect (Grant 4. Budget tch) Task 1 $0.00 Task 2 $0.00 Task 3, $0.00 Task 4 $0.00 Task 5 $0.00 TOTAL $0.00 SANDAG Grant: $0.00 Match: $0.00 :SANDAL Contribution % #DIV/0! Required Match % #DIV/0! 46 S0.013 This Invoice $0.00 $0.00 $0.00 $0.00 This Invoice $0.00 $0.00 $0.00 $0.00 [h3.03 $0.00 $0.00 50.03 $0.00 $0.00 Total Cu rent Expenditures: $0.00 Total Amount Due this Invoice: $0.00 Less 10% Retanfion: $0.00 Math % Met to Dr:ite:' #DNIO! CERTIFICATION OF GRANTEE I hereby certifythat the above costa were 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 47 CC/CDC-HA Agenda 3/17/2015 — Page 357 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving an Agreement for Legal Services between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency"), the City of National CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving an Agreement for Legal Services between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency"), the City of National City ("City"), and the law firm of Mazzarella & Mazzarella, LLP, superseding the prior Agreement for Legal Services between the Successor Agency, City, and Mazzarella Lorenzana, LLP, contingent upon state Department of Finance approval, with no increase in the previously approved not to exceed amount of $250,000 for hourly fees. PREPARED BY: Claudia Gacitua Silva PHONE: Ext. 4222 EXPLANATION: DEPARTMENT: C',. APPROVED BY: Pursuant to ABx1 26 and AB1484, the Successor Agency has an obligation to minimize liabilities of its redevelopment agency. In CYAC v CDC, City, et al, the court invalidated the 2007 Redevelopment Plan Amendment and found certain documents were not provided to CYAC. Thereafter, attorneys' fees were awarded to CYAC. As a result of CYAC matter, the City and former CDC approved (November 21, 2011) entering into an agreement with Mazzarella Lorenzana, LLP to pursue various claims against Rosenow Spevacek Group ("RSG") based on and related to the work RSG performed in connection with the 2007 Redevelopment Plan Amendment and approved an amendment (January 31, 2012) increasing the not to exceed amount for the hourly fees up to $250,000 for the purpose of pursuing the case through trial. The compensation to the firm was a combination of a lower hourly rate for legal fees ($150/hour) in addition to a contingency fee (no greater than 20%). The firm has changed names and seeks to enter into a new agreement to reflect the name change, reflect the current Successor Agency name in place of what was formerly the Community Development Commission, and confirm the compensation structure of the reduced hourly rate of $150 per hour with a not to exceed amount of $250,000 (no increase from the original amount) in addition to a reduced contingency fee of up to 20%. FINANCIAL STATEMENT: ACCOUNT NO. NA ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt proposed Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Agreement for Legal Services with Mazzarella & Mazzarella Proposed resolution AGREEMENT FOR LEGAL SERVICES BY AND BETWEEN THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, THE CITY OF NATIONAL CITY, AND MAZZARELLA & MAZZARELLA, LLP FOR LEGAL SERVICES RELATED TO CLAIMS AGAINST THE ROSENOW SPEVACEK GROUP THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, (the "SA"), THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY"), (collectively, "Clients"), and MAZZARELLA & MAZZARELLA, LLP, (the "FIRM"), effective upon approval by the Oversight Board and California Department of Finance, and upon being effective supersedes and replaces the Agreement for Legal Services executed on November 21, 2011, as amended by Resolution 2012-31 on January 31, 2012. This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the FIRM and the fee arrangement for said services. Article 1. Retainer. The Clients hereby retain the FIRM to assist in representing the Clients in connection with their dispute with Rosenow Spevacek Group ("RSG") arising from RSG's failure to meet its obligations pursuant to its February 20, 2007 contract to provide consulting services. The SA is currently facing a liability of approximately two -million dollars due to the award of attorneys fees in the matter of CYAC v. CDC, et al. (SDSC Case No. 37- 2007-00076404-CU-EI-CTL), which was a matter based on the former Community Development Commission's 2007 Redevelopment Plan Amendment. The underlying CYAC suit was based on and all related to the adoption of a redevelopment plan amendment to allow the former Community Development Commission to continue exercising its redevelopment functions, including extension of the eminent domain authority conferred upon redevelopment agencies. Pursuant to ABx1 26 and AB1484 legislation, the SA has an obligation to minimize liabilities of its redevelopment agency. On February 1, 2012, all California redevelopment agencies were dissolved, successor agencies were established as successor agencies to the former redevelopment agencies pursuant to Health and Safety Code Section 34173, and successor agencies are tasked with paying, performing, and enforcing the enforceable obligations of the former redevelopment agencies. The purpose of this engagement is to pursue indemnity claims and other theories of recovery to minimize or eliminate the pending liability described herein as well as other damages as a result of RSG's work. The attorneys with primary responsibility in this matter are Mark C. Mazzarella and Daral Mazzarella. Article 2. Scope of Services. Clients shall have the right in its sole discretion to determine the particular services to be performed by the FIRM under this Agreement. It is expected that the FIRM will work with the City Attorney, SA General Counsel, CITY and SA staff. 1 Successor Agency, City of National City & Mazzarella & Mazzarella Legal Services Agreement - 2015 Article 3. Compensation. The FIRM will be compensated by a blend of discounted hourly fees and contingency fees. The hourly component of the FIRM's Hourly Fees shall be paid at the following rate: Attorneys: $150.00 per hour Paralegals $ 50.00 per hour In addition to the Hourly Fees due the FIRM, the FIRM shall be entitled to a contingency fee at percentages which reflect approximately 50% of the contingency fee normally charged by the FIRM. The contingency fee is not set by law, but is negotiable. If no recovery is obtained for the Clients in this case, Clients shall owe no contingency fee to the FIRM, but the SA shall pay the costs and expenses as well as the hourly component of the FIRM's fee. If any recovery is obtained for the Clients in this case, whether by way of settlement, judgment or otherwise, SA agrees to pay the FIRM 12.5% of the "amount recovered" if the case is resolved prior to the selection of the arbitrators, and 16.5% of the amount recovered thereafter until 60 days before the first date the matter is set for arbitration, and 20% thereafter through the end of arbitration. Compensation for any appeal shall be negotiated and agreed upon separate from this Agreement. The "amount recovered" shall equal the total gross amount actually paid by or recovered from adverse parties for the benefit of SA, including amounts received as a result of settlement, award, or judgment, before and reduction for costs, or expenses, liens and/or payments due to third parties. If payment of all or any part of the amount to be received will be deferred (such as in the case of any annuity, a structured settlement, or periodic payments), the "amount recovered", for purposes of this Agreement, will be any initial lump sum payment plus the present value at the time of settlement of the payment to be received or the cost to the defendant of purchasing the annuity or deferred payment asset. The full attorney's fees due to the FIRM will be paid out of the initial lump sum payment. If the initial lump sum payment is insufficient to pay the FIRM's fees in full, the balance will be paid from subsequent payments of the recovery before any distribution to SA. Any award of attorney's fees made by the court and recovered from the adverse parties for benefit of the Clients will be treated the same as any other amount recovered. All costs of the suit, including those described in the following paragraph, which the SA has not previously paid, will be paid to the FIRM entirely from SA's share of any recovery. If no recovery is obtained for SA by way of any settlement or after trial or arbitration, then no contingency attorney's fees will be charged to SA, and SA will be responsible only for the payment of hourly component of the FIRM's compensation. Article 4. The following provisions and procedures shall be followed by the FIRM: A. The FIRM shall not use more than one attorney for the same specific task without Client's approval. The FIRM may use the minimum number of attorneys for this 2 Successor Agency, City of National City & Mazzarella & Mazzarella Legal Services Agreement - 2015 engagement consistent with good professional practice after consulting with and obtaining approval by Clients. B. The SA has appropriated or otherwise duly authorized the payment of an amount not to exceed $250,000 for Hourly Fees and out-of-pocket disbursements pursuant to this Agreement. In no event shall the total Hourly Fees plus out-of-pocket disbursements exceed this amount without written authorization of the SA. C. The FIRM shall keep the Clients advised monthly as to the level of attorney hours and client services performed under Article 1. The FIRM will not charge the SA for travel time; however, the FIRM may charge for work performed for the SA during any travel time. D. The SA further agrees to reimburse the FIRM, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out- of-pocket expenses charged by the FIRM as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the FIRM shall provide the SA with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the SA has specifically agreed otherwise: (1) Word processing, clerical, or secretarial charges, whether expressed as a dollar disbursement or time charge; (2) Secretarial overtime; (3) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead; (4) Photocopy charges in excess of $.15 (fifteen cents) per page; (5) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes; (6) Equipment, books, periodicals, research materials, Westlaw/Lexis, or like items; (7) Express charges, overnight mail charges, messenger services, or the like, without Clients' prior consent. Clients expect these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, Clients will consider reimbursement on a case -by -case basis; (8) Travel and meals; and (9) Late payment charge and/or interest. Due to the nature of SA's payment process, SA will not pay any late charges or interest charges on bills. Every effort will be made to pay bills promptly. E. Bills from the FIRM should be submitted to Claudia Silva, City Attorney, City of National City, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the FIRM for billing evaluation and review purposes shall be made available to the SA in support of bills rendered by the FIRM. 3 Successor Agency, City of National City & Mazzarella & Mazzarella Legal Services Agreement - 2015 F. The FIRM agrees to forward to the SA a statement of account for each one -month period of services under this Agreement, and the SA agrees to compensate the FIRM on this basis. The FIRM will consult monthly with the CDC as to the number of attorney hours and client out-of-pocket disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. G. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete. (a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be reference ("telephone call re: trial brief," "interview in preparation for deposition"). (e) The biller's professional capacity (partner, associate, paralegal, etc.) should be included (2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. (3) Appropriate: The SA does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the SA will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the SA pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail. H. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is an SA decision, and the SA's representative may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. (1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost-effectiveness. All tasks typically considered associate work should be considered for assignment to a paralegal. Written authorization from the SA must be had before associate hours billed exceed paralegal hours billed. (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the FIRM. The SA will not pay the costs of bringing a new attorney up to speed. (3) If more than one attorney is going to perform the same task, prior approval from the SA must be had. This includes document review. Article 5. Independent Contractor. The FIRM shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned or delegated by the FIRM without prior written consent of the SA. Retention of the FIRM is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. 4 Successor Agency, City of National City & Mazzarella & Mazzarella Legal Services Agreement - 2015 Article 6. Confidentiality of Work. All work performed by the FIRM including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the FIRM pursuant to this Agreement is for the sole use of the Clients. All such work product shall be confidential and not released to any third party without the prior written consent of the Clients. Article 7. Compliance with Controlling Law. The FIRM shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the FIRM shall comply immediately with any and all directives issued by the Clients or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 8. Acceptability of Work. The Clients shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the FIRM and the Clients cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the FIRM in this Agreement, the Clients or the FIRM shall give to the other written notice. Within ten (10) business days, the FIRM and the Clients shall each prepare a report which supports their position and file the same with the other party. The Clients shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the FIRM. Article 9. Indemnification. The FIRM agrees to indemnify and hold the Clients, and their agents, officers, and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the FIRM's employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the FIRM and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the SA, the CITY, their agents, officers, or employees. Article 10. Insurance. The FIRM shall not commence work under this Agreement until it has obtained all insurance required in this Article with a company or companies acceptable to the Clients. At its sole cost and expense, the FIRM shall take and maintain in full force and effect at all times during the teiul of this Agreement the following policies of insurance: A. Commercial general liability insurance with a combined single limit of not less than one million dollars ($1,000,000). B. For all of the FIRM's employees that are subject to this Agreement, to the extent required by the State of California, Workers' Compensation Insurance in the amount required by law. C. Errors and omissions insurance in an amount not less than one million dollars ($1,000,000) per claim. 5 Successor Agency, City of National City & Mazzarella & Mazzarella Legal Services Agreement - 2015 D. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. The policies carried pursuant to paragraph 10.A above shall name as additional insureds the Clients and their elected officials, officers, employees, agents, and representatives. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against the Clients and their elected officials, officers, employees, agents, and representatives; (2) the policies are primary and not contributing with any insurance that may be carried by the Clients; and (3) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the Clients by certified mail. Before this Agreement shall take effect, the FIRM shall furnish the Clients with copies of all such policies upon receipt of them, or a certificate evidencing such insurance. The FIRM may effect for its own account insurance not required under this Agreement. Article 11. Drug Free Work Place. The FIRM agrees to comply with the Clients' Drug -Free Workplace requirements. Every person awarded a contract by the Clients for the provision of services shall certify to the Clients that it will provide a drug -free workplace. Any subcontract entered into by the FIRM pursuant to this Agreement shall contain this provision. Article 12. Non -Discrimination Provisions. The FIRM shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The FIRM will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The FIRM agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the Clients setting forth the provisions of this non-discrimination clause. Article 13. Effective Date and Term. This Agreement shall be effective upon approval by the Oversight Board and California Department of Finance, and will continue until written notice of cancellation. This Agreement may be terminated at any time by either party with sixty (60) days' written notice to the other. Notice of tennination by the Firm shall be given to the City Attorney. Article 14. Notification of Change in Form. The FIRM has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The CDC shall be promptly notified in writing of any change in form. Article 15. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the 6 Successor Agency, City of National City & Mazzarella & Mazzarella Legal Services Agreement - 2015 notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: Claudia Gacitua Silva City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4301 Notice to the FIRM shall be addressed to: Mark C. Mazzarella, Esq. Mazzarella & Mazzarella, LLP 1620 Fifth Avenue, Suite 600 San Diego, CA 92101 Nothing contained in this agreement shall preclude or render inoperative service or such notice in the manner provided by law. Article 16. Headings. All article headings are for convenience only and shall not affect the construction or interpretation of this Agreement. Article 17. Miscellaneous Provisions. A. Time of Essence. Time is of the essence for each provision of this Agreement. B. California Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The FIRM covenants and agrees to submit to the personal jurisdiction of any state court in the State of California for any dispute, claim, or matter arising out of or related to this Agreement. C. Integrated Agreement. This Agreement, including attachments and/or exhibits, contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the Clients and the FIRM. D. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. E. Waiver. The failure of the Clients to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. F. Conflict of Interest. During the term of this Agreement, the FIRM shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Clients. This prohibition shall not preclude the Clients from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. G. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. 7 Successor Agency, City of National City & Mazzarella & Mazzarella Legal Services Agreement - 2015 H. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of , 2015. SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY By: Ron Morrison, Chain ian APPROVED AS TO FORM: By: Claudia Gacitua Silva SA General Counsel CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: By: Claudia Gacitua Silva City Attorney 8 MAZZARELLA ,: MAZZARELLA, LLP By: ar azzarella, Esq. Successor Agency, City of National City & Ma77arella & Ma77arella Legal Services Agreement - 2015 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY ("SUCCESSOR AGENCY"), THE CITY OF NATIONAL CITY ("CITY"), AND THE LAW FIRM OF MAZZARELLA & MAZZARELLA, LLP, SUPERSEDING THE PRIOR AGREEMENT FOR LEGAL SERVICES BETWEEN THE SUCCESSOR AGENCY, THE CITY OF NATIONAL CITY, AND MAZZARELLA LORENZANA, LLP, CONTINGENT UPON STATE DEPARTMENT OF FINANCE APPROVAL, WITH NO INCREASE IN THE PREVIOUSLY APPROVED NOT TO EXCEED AMOUNT OF $250,000 FOR HOURLY FEES WHEREAS, the City of National City and the former Community Development Commission entered into an Agreement for Legal Services with Mazzarella Lorenzana, LLP, effective November 21, 2011 ("2011 Agreement") for the not to exceed amount of $50,000 to pursue various claims against Rosenow Spevacek Group ("RSG") based on and related to the work RSG performed in connection with the 2007 Redevelopment Plan Amendment; and WHEREAS, pursuant to ABx1 26 and AB1484, the Successor Agency has an obligation to minimize liabilities of its redevelopment agency; and WHEREAS, the compensation to the firm was a combination of a lower hourly rate for legal fees ($150/hour) in addition to a contingency fee (no greater than 20%); and WHEREAS, on January 21, 2012, the City Council adopted Resolution No. 2012- 31 approving a First Amendment to the 2011 Agreement to increase the not to exceed amount by $200,000, for a total not to exceed amount of $250,000; and WHEREAS, the firm has changed names and seeks to enter into a new Agreement for Legal Services to reflect the name change from Mazzarella Lorenzana, LLP, to Mazzarella & Mazzarella, LLP, reflect the current Successor Agency name in place of what was formerly the Community Development Commission, and confirm the compensation structure of the reduced hourly rate of $150 per hour with a not to exceed amount of $250,000 (no increase from the original amount) in addition to a reduced contingency fee of up to 20%. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement for Legal Services between the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, the City of National City, and the Law Firm of Mazzarella & Mazzarella, LLP, superseding the prior Agreement for Legal Services between the Successor Agency, City of National City, and Mazzarella Lorenzana, LLP, contingent upon State Department of Finance approval, with no increase in the previously approved not to exceed amount of $250,000 for hourly fees. [Signature Page to Follow] Resolution No. 2015 — Page Two PASSED and ADOPTED this 17`h day of March, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 3/17/2015 — Page 369 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of National City authorizing the Mayor to execute a 2nd Amendment to the agreement with Motorola Solutions, Inc. in the not -to -exceed amount of $29,043 to provide annual software maintenance and support services for the Nati CC/CDC-HA Agenda 3/17/2015 — Page 370 DST 91946 CC/CDC-HA Agenda 3/17/2015 — Page 371 CC/CDC-HA Agenda 3/17/2015 — Page 372 CC/CDC-HA Agenda 3/17/2015 — Page 373 CC/CDC-HA Agenda 3/17/2015 — Page 374 CC/CDC-HA Agenda 3/17/2015 — Page 375 CC/CDC-HA Agenda 3/17/2015 — Page 376 CC/CDC-HA Agenda 3/17/2015 — Page 377 CC/CDC-HA Agenda 3/17/2015 — Page 378 CC/CDC-HA Agenda 3/17/2015 — Page 379 CC/CDC-HA Agenda 3/17/2015 — Page 380 CC/CDC-HA Agenda 3/17/2015 — Page 381 CC/CDC-HA Agenda 3/17/2015 — Page 382 CC/CDC-HA Agenda 3/17/2015 — Page 383 CC/CDC-HA Agenda 3/17/2015 — Page 384 CC/CDC-HA Agenda 3/17/2015 — Page 385 CC/CDC-HA Agenda 3/17/2015 — Page 386 CC/CDC-HA Agenda 3/17/2015 — Page 387 CC/CDC-HA Agenda 3/17/2015 — Page 388 CC/CDC-HA Agenda 3/17/2015 — Page 389 CC/CDC-HA Agenda 3/17/2015 — Page 390 CC/CDC-HA Agenda 3/17/2015 — Page 391 CC/CDC-HA Agenda 3/17/2015 — Page 392 CC/CDC-HA Agenda 3/17/2015 — Page 393 CC/CDC-HA Agenda 3/17/2015 — Page 394 The following page(s) contain the backup material for Agenda Item: Warrant Register #32 for the period of 01/28/15 through 02/03/15 in the amount of $3,118,430.44 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT SDG&E STC Traffic Inc Public Emp Ret System The Bank of New York Union Bank of California MEETING DATE: March 17, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #32 for the period of 01/28/15 through 02/03/15 in the amount of $3,118,430.44 (Finance) PREPARED BY: K. Apalategui PHONE: 619-336-4572 EXPLANATION: DEPARTMENT: Finaj APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period of 01/28/15 - 02/03/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Insurance R1192A Feb 2015 Insurance Active Feb 2015 Paradise Creek Rest Project 8th Street Smart Growth Project 8th Street Smart Growth Project Facilities Division Utilities Kimball Park Project Service Period 1 /6/14-1 /19/15 1999 Tax Alloc Housing Bonds DS 2012 GO Refunding Bonds DS Health Net Inc 316042 Kaiser Foundation 316051 Kimley Horn and Assoc 316057 Pal Gen Engineering Inc 316082 Project Professionals Corp 316091 316108 316118 1292015 41360 41392 61,394.78 177,509.39 144,773.89 381,299.21 105,070.41 52,388.29 107,319.91 321,909.31 86,712.50 65,224.73 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $3,118,430.44 APPROVED: ` '2 ;q.... � C Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $3,118,430.44 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #32 CALIFORNIA �+ 1/4 PAYEE ACEDO, I ACEDO, I AGUIRRE, C AIRGAS WEST AK & COMPANY ALDEMCO ALEJANDRO, J ALL FRESH PRODUCTS ALLAN HANCOCK COLLEGE ALLEN, R AMEDEE, W ANDERSON, E ASSI SECURITY INC AT&T MCI AT&T MCI AT&T MOBILITY AVILA, M BEARD, P BECK, L BISHOP, R BOEGLER, C BOOT WORLD BOUND TREE MEDICAL LLC BOYD, P BPI PLUMBING CAPF CAL UNIFORMS INC CALIFORNIA ASSOCIATION OF CODE CALIFORNIA ASSOCIATION OF CODE CALIFORNIA ASSOCIATION OF CODE CALIFORNIA ASSOCIATION OF CODE CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CAPPO INC CARRILLO, R COLE, L CONDON, D COOPER'S PLUMBING & HEATING CORPUZ, T CSMFO CULLIGAN DALEY & HEFT LLP DALEY & HEFT LLP DANESHFAR, Z DANIELS TIRE SERVICE DELTA DENTAL DELTA DENTAL INSURANCE CO DEPARTMENT OF CONSERVATION DEPARTMENT OF CONSERVATION NATIONAL Cliry- �-- INCORPORA'r�D WARRANT REGISTER #32 2/3/2015 DESCRIPTION RETIREE HEALTH BENEFITS - JAN 2015 RETIREE HEALTH BENEFITS - FEB 2015 REIMB: KEYBOARD & LAW REFERENCE BOOKS MOP#45714 MATERIALS AND SUPPLIES STATE MANDATED COST CLAIMS FY 13-14 CONSUMABLES / NUTRITION REIMB: RECORDED ITEMS/MEMBERSHIP FOOD & CONSUMABLES / NUTRITION TUITION: FIELD TRAINING OFFICER UPDATE RETIREE HEALTH BENEFITS FEB 2015 REIMB FOR E M S CLASS - FIRE DPT RETIREE HEALTH BENEFITS FEB 2015 CITY-WIDE SECURITY REPAIRS PHONE SERVICE 12/13/14 - 01/12/15 PHONE SVC 01/13 - 02/12/15 WIRELESS SVC 12/06/14 - 01/05/15 REIMB FOR CITY REQUIRED LICENSE - PARKS RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 MOP#64096 WEARING APPAREL HALO XL TRAUMA DRESSING ITEM RETIREE HEALTH BENEFITS•FEB 2015 CITY-WIDE PLUMBING SERVICE & REPAIRS FIRE LTD FEB 2015 CLASS A UNIFORMS CACEO MEMBERSHIP - OLSON J. CACEO MEMBERSHIP - SORIANO R CACEO MEMBERSHIP - SARMIENTO G CACEO MEMBERSHIP - SOSA P CITY-WIDE ELECTRONIC DOOR REPAIRS MOP#45698 ELECTRICAL MATERIALS PD LTD FEB 2015 ANNUAL MEMBERSHIP RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 CITY-WIDE PLUMBING SERVICES & REPAIRS RETIREE HEALTH BENEFITS FEB 2015 2015 CSMFO MEMBERSHIP / CARCAMO WATER SOFTNER FOR DISHWASHER LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS FEB 2015 MOP#72986 TIRES DENTAL INS PREMIER FEB 2015 PMI DENTAL INS FEB 2015 SMIP FEES OCT TO DEC 2014 SMIP.FEES JAN TO MAR 2014 CHK NO DATE AMOUNT 315965 2/3/15 160.00 315966 2/3/15 160.00 315967 2/3/15 86.62 315968 2/3/15 219.67 315969 2/3/15 3,400.00 315970 2/3/15 1,319.31 315971 2/3/15 381.50 315972 2/3/15 99.98 315973 2/3/15 75.50 315974 2/3/15 125.00 315975 2/3/15 81.75 315976 2/3/15 110.00 315977 2/3/15 235.00 315978 2/3/15 7,634.52 315979 2/3/15 140.22 315980 2/3/15 2,648.84 315981 2/3/15 60.00 315982 2/3/15 70.00 315983 2/3/15 140.00 315984 2/3/15 110.00 315985 2/3/15 260.00 315986 2/3/15 106.90 315987 2/3/15 164.48 315988 2/3/15 145.00 315989 2/3/15 237.50 315990 2/3/15 528.00 315991 2/3/15 1,851.39 315992 2/3/15 75.00 315993 2/3/15 75.00 315994 2/3/15 62.50 315995 2/3/15 62.50 315996 2/3/15 1,052.40 315997 2/3/15 858.13 315998 2/3/15 2,009.00 315999 2/3/15 130.00 316000 2/3/15 290.00 316001 2/3/15 165.00 316002 2/3/15 280.00 316003 2/3/15 545.00 316004 2/3/15 140.00 316005 2/3/15 110.00 316006 2/3/15 208.50 316007 2/3/15 6,506.40 316008 2/3/15 1,540.00 316009 2/3/15 250.00 316010 2/3/15 1,863.02 316011 2/3/15 14, 700.20 316012 2/3/15 2,893.44 316013 2/3/15 6,586.41 316014 2/3/15 625.21 2/4 PAYEE DEPARTMENT OF INDUSTRIAL DESROCHERS, P DI CERCHIO, A, DILLARD, S D-MAX ENGINEERING DOKKEN ENGINEERING DREDGE, J DURON, C EISER III, G ESGIL CORPORATION EXPRESS PIPE AND SUPPLY CO INC FABINSKI, D FASTSIGNS GARCIA, A GELSKEY, K GIBBS JR, R GOFFIGAN, D GOODYEAR TIRE & RUBBER COMPANY GORMSEN APPLIANCE CO GOVERNMENT JOBS COM INC GUNDERT, M HANSON, E HAUG, S HDL COREN & CONE HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HODGES, B HONDO, E HUNTER'S NURSERY INC HYDRO SCAPE PRODUCTS INC JAMES, R JANIKING OF CALIFORNIA INC JERAULDS CAR CARE CENTER JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS SANIDAD, K KIMBLE, R KIMLEY HORN AND ASSOC INC KONE LANDA, A LIBERTY MFG INC LIMFUECO, M MALDONADO, J MATIENZO, M MC CABE, T .I-* CALIFORNIA .+ NATIONAL CI 'V L-- 111iCOP.PORATED --J WARRANT REGISTER #32 2/3/2015 DESCRIPTION ELEVATOR INSPECTION RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 NC STORM WATER SERVICES PLAZA BLVD. WIDENING RETIREE HEALTH BENEFITS FEB 2015 ED REIMBURSEMENT / FIRE RETIREE HEALTH BENEFITS FEB 2015 PLAN REVIEWS CITY-WIDE PLUMBING PARTS & MATERIAL RETIREE HEALTH BENEFITS FEB 2015 ACRYLIC SIGN GRAPHIC REIMB: SHIPPING SUPPLIES RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 REIMB FOR EDUCATIONAL COURSE MOP#72654 TIRES CITY-WIDE APPLIANCE PURCHASES & REPAIRS JOB POSTING SUBSCRIPTION RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 CONTRACT SVCS PROP TAX/ OCT-DEC 2014 HEALTH FULL NETWORK 57135A FEB'15 HEALTH NET INS RETIREE N5992F FEB'15 HEALTHNET INS N5992A FEB 2015 HEALTH NET INS R1192A FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 MOP#45719 HORTICULTURAL ITEMS MOP#45720 WATER PIPE VALVES RETIREE HEALTH BENEFITS FEB 2015 CITY-WIDE JANITORIAL SERVICES MOP#72449 AUTOMOTIVE EQUIPMENT RETIREE HEALTH BENEFITS FEB 2015 KAISER INSURANCE ACTIVE FEB 2015 KAISER RETIREES INS FEB 2015 KAISER RETIREES INS FEB 2015 KAISER H S A INS FEB 2015 REFUND T&A 90017/ 530 R AVE RETIREE HEALTH BENEFITS FEB 2015 PARADISE CREEK REST CITY-WIDE ELEVATOR MAINTENANCE/REPAIRS RETIREE HEALTH BENEFITS FEB 2015 REMOVAL OF RANGE LEAD RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 CHK NO DATE AMOUNT 316015 2/3/15 675.00 316016 2/3/15 110.00 316017 2/3/15 70.00 316018 2/3/15 480.00 316019 2/3/15 13,356.39 316020 2/3/15 15,098.76 316021 2/3/15 250.00 316022 2/3/15 177.75 316023 2/3/15 250.00 316024 2/3/15 2,199.50 316025 2/3/15 27.00 316026 2/3/15 220.00 316027 2/3/15 385.36 316028 2/3/15 56.38 316029 2/3/15 115.00 316030 2/3/15 120.00 316031 2/3/15 338.00 316032 2/3/15 600.54 316033 2/3/15 613.13 316034 2/3/15 1,250.00 316035 2/3/15 350.00 316036 2/3/15 135.00 316037 2/3/15 120.00 316038 2/3/15 2,640.00 316039 2/3/15 5,334.29 316040 2/3/15 1,281.05 316041 2/3/15 543.45 316042 2/3/15 61,394.78 316043 2/3/15 200.00 316044 2/3/15 110.00 316045 2/3/15 140.40 316046 2/3/15 63.74 316047 2/3/15 140.00 316048 2/3/15 1,998.00 316049 2/3/15 509.08 316050 2/3/15 50.00 316051 2/3/15 177,509.39 316052 2/3/15 20,993.20 316053 2/3/15 10,293.10 316054 2/3/15 2,473.39 316055 2/3/15 4,300.00 316056 2/3/15 300.00 316057 2/3/15 144,773.89 316058 2/3/15 3,195.00 316059 2/3/15 155.00 316060 2/3/15 3,936.20 316061 2/3/15 160.00 316062 2/3/15 130.00 316063 2/3/15 100.00 316064 2/3/15 280.00 -to-- CALIFORNIA 4-{+- 3/4 PAYEE MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MEDINA, R METRO AUTO PARTS DISTRIBUTOR METRO FIRE & SAFETY MINER, D MYERS, B NATIONAL EMBLEM INC NOSAL, W NOTEWARE, D OCHOA, I OLIVER PACKAGING ORKIN PADRE JANITORIAL SUPPLIES PAL GENERAL ENGINEERING INC PAUU JR, P PEASE JR, D PERRY FORD PETERS, S PIERSON, D POST, R POTTER, C PRO -EDGE KNIFE PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY PUN & MCGEADY WINSTON FINANCIAL GROUP INC RAY, S RED SEA ENTERPRISES ROARK, L ROCK STRUCTURES CONSTRUCTION RODRIGUEZ, M ROE, V RUIZ, J RUSS' BEE REMOVAL SAFDIE RABINES ARCHITECTS SAN DIEGO AIR POLLUTION SAN DIEGO GAS & ELECTRIC SAN DIEGO MIRAMAR COLLEGE SASI SDG&E SEAPORT MEAT COMPANY SERVATIUS, J SHORT, C SMART SOURCE OF CALIFORNIA LLC SMITH, J SOUTH BAY FENCE INC. NATIONAL CITY XNCORPOR ATED WARRANT REGISTER #32 2/3/2015 DESCRIPTION LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS FEB 2015 MOP#75943 AUTOMOTIVE PARTS ANNUAL FIRE EXTINGUISHER SYSTEM RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 NC PD SHOULDER PATCHES RETIREMENT SETTLEMENT FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 PACKAGING FOR HOME DELIVERY MEALS CITY-WIDE PEST MAINTENANCE AS NEEDED JANITORIAL SUPPLIES 8TH STREET SMART GROWTH PROJECT RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 R & M CITY VEHICLES AS NEEDED FOR FY RETIREE HEALTH BENEFITS FEB 2015 SUBSISTENCE: FIELD TRAINING OFFICER UPDA RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 KNIFE SHARPENING SERVICES 8TH ST. SMART MOP#45742 LAUNDRY SERVICES AUDITING SERVICES FOR FY15 5 GALL PAIL GRANULAR SEWER LINE RETIREE HEALTH BENEFITS FEB 2015 POLICE CAR STRESS RELIEVER RETIREE HEALTH BENEFITS FEB 2015 TON OF ROCK FOR DUMP SITE 2015 CPCA TRAINING SYMPOSIUM RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 BEE REMOVAL FROM CITY PROPERTY AQUATIC CENTER AIR POLLUTION RENEWAL FEE GAS & ELECTRIC FOR NUTRITION CENTER TUITION - TRAINING OFFICER UPDATE / POLICE MONTHLY TRUST ACCT FOR JAN 2015 FACILITIES DIVISION GAS & ELECTRIC MEATS / NUTRITION CENTER RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 INV 1342824 BUSINESS LICENSE DECALS 2015 RETIREE HEALTH BENEFITS FEB 2015 2- PEDESTRIAN BARRICADES CHK NO DATE AMOUNT 316065 2/3/15 6,149.05 316066 2/3/15 2,227.50 316067 2/3/15 1,762.75 316068 2/3/15 1,080.00 316069 2/3/15 35.00 316070 2/3/15 105.00 316071 2/3/15 155.21 316072 2/3/15 62.33 316073 2/3/15 580.00 316074 2/3/15 140.00 316075 2/3/15 2,045.96 316076 2/3/15 1,217.74 316077 2/3/15 120.00 316078 2/3/15 125.00 316079 2/3/15 1,608.00 316080 2/3/15 806.78 316081 2/3/15 139.61 316082 2/3/15 381,299.21 316083 2/3/15 340.00 316084 2/3/15 140.00 316085 2/3/15 971.10 316086 2/3/15 290.00 316087 2/3/15 384.00 316088 2/3/15 280.00 316089 2/3/15 150.00 316090 2/3/15 46.00 316091 2/3/15 105, 070.41 316092 2/3/15 316.21 316093 2/3/15 10,000.00 316094 2/3/15 496.80 316095 2/3/15 190.00 316096 2/3/15 495.65 316097 2/3/15 135.00 316098 2/3/15 344.03 316099 2/3/15 586.20 316100 2/3/15 120.00 316101 2/3/15 310.00 316102 2/3/15 575.00 316103 2/3/15 8,087.32 316104 2/3/15 309.00 316105 2/3/15 1,954.98 316106 2/3/15 23.00 316107 2/3/15 10.00 316108 2/3/15 52,388.29 316109 2/3/15 288.18 316110 2/3/15 340.00 316111 2/3/15 300.00 316112 2/3/15 570.94 316113 2/3/15 320.00 316114 2/3/15 876.96 ter— CALIFORNIA 4/4 PAYEE SOUTHERN CALIFORNIA SOIL SPRINT STC TRAFFIC INC STAPLES ADVANTAGE STARTECH COMPUTERS STRASEN, W SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE COOLING STORE THE LIBRARY STORE INC THE LINCOLN NATIONAL LIFE INS THOMPSON INFORMATION SERVICES TIPTON, B TRIVIZ, R U S HEALTHWORKS UNDERGROUND SERVICE ALERT URIAS, N VILLAGOMEZ, J VISTA PAINT WHITE, J WILLY'S ELECTRONIC SUPPLY ZENGOTA, V ZIETLOW, D ZOLL MEDICAL CORP SDG&E WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM THE BANK OF NEW YORK UNION BANK OF CALIFORNIA SECTION 8 HAPS PAYROLL Pay period Start Date 3 1 /20/2015 NATIONAL CITy x2VCORpORA'r D WARRANT REGISTER #32 2/3/2015 DESCRIPTION CONSULTING SERVICES / ENG LIBRARY SPRINT PHONE CIRCUIT KIMBALL PARK MOP 45704. OFFICE SUPPLIES / MYR MOP 61744 MOUNTING KIT/HP LASER JET RETIREE HEALTH BENEFITS FEB 2015 TACK OIL, 3/8 SHEET & COLD MIX ASPHALTS PARKS DIVISION WATER BILL FOR FY 2015 CONSUMABLES / NUTRITION SWITCH/FUSE/CONNECTORS CLASSPACK OF 50 PLAIN EARBUDS LIFE & AD&D STD LTD INS FEB 2015 FAIR LABOR STANDARDS HANDBOOK RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 MEDICAL SERVICES UNDERGROUND SERVICE ALERT CHARGES RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 MOP 68834 PAINTING SUPPLIES - NSD RETIREE HEALTH BENEFITS FEB 2015 MOP 45763 PATCH CORDS - MIS RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS FEB 2015 LIFE BANDS FOR AUTO PULSE GAS AND ELECTRIC UTILITIES SERVICES SERVICE PERIOD 01/06/15 - 01/19/15 1999 TAX ALLOC HOUSING BONDS DS 2012 GO REFUNDING BONDS DS Start Date 1 /28/2015 End Date 2/2/2015 End Date 2/3/2015 Check Date 2/11 /2015 GRAND TOTAL CHK NO DATE AMOUNT 316115 2/3/15 1,305.00 316116 2/3/15 11.34 316117 2/3/15 107,319.91 316118 2/3/15 328.78 316119 2/3/15 264.09 316120 2/3/15 135.00 316121 2/3/15 1,381.64 316122 2/3/15 3,053.00 316123 2/3/15 2,084.29 316124 2/3/15 320.50 316125 2/3/15 157.42 316126 2/3/15 9,008.33 316127 2/3/15 536.99 316128 2/3/15 250.00 316129 2/3/15 135.00 316130 2/3/15 399.00 316131 2/3/15 118.50 316132 2/3/15 125.00 316133 2/3/15 480.00 316134 2/3/15 202.09 316135 2/3/15 230.00 316136 2/3/15 282.40 316137 2/3/15 300.00 316138 2/3/15 150.00 316139 2/3/15 3,883.13 316140 2/3/15 228.47 A/P Total 1,090,558.48 1292015 1/29/15 321,909.31 41360 1/29/15 86,712.50 41392 1/29/15 65,224.73 730,874.34 823,151.08 S 3,118,430.44 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. A4� MARK ROBERTS, INANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 17th OF MARCH, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 3/17/2015 — Page 401 The following page(s) contain the backup material for Agenda Item: Warrant Register #33 for the period of 02/04/15 through 02/10/15 in the amount of $262,953.78 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #33 for the period of 02/04/15 through 02/10/15 in the amount of $262,953.78 (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Financ PHONE: 619-336-4572 APPROVED BY: EXPLANATION: IPer Government Section Code 37208, attached are the warrants issued for the period of 02/04/15 through 02/10/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Best Best & Krieger Attny 316141 59,542.52 Legal / Comm Youth Athletic Center FINANCIAL STATEMENT: APPROVED: uli='/---Finance ACCOUNT NO. APPROVED: MIS Reimbursement total $262,953.78 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: 'Ratification of warrants in the amount of $262,953.78 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #33 . -- CAUFORNIA -s- 1/2 PAYEE BEST BEST & KRIEGER ATTNY LAW AMEDEE, W GRONDIN, A ART D NIELSEN PAINTING INC ASPEN RISK MANAGEMENT GROUP BOOT WORLD BOYS & GIRLS CLUB BURKE WILLIAMS & SORENSEN LLP CALIFORNIA COMMERCIAL SECURITY CAMEON, C CEB CITY OF CHULA VISTA CLF WAREHOUSE COLLIERS INTERNATIONAL COX COMMUNICATIONS CYNTHIA TITGEN CONSULTING INC D MAX ENGINEERING INC D MAX ENGINEERING INC DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS (20) DEPARTMENT OF TRANSPORTATION DION INTERNATIONAL TRUCK INC EMPLOYMENT DEVELOP DEPT ENTERPRISE FLEET MANAGEMENT ERNESTO & BETTY GALLARZO FEDEX FLINT TRADING INC FRANK TOYOTA GONZALEZ, S GORMSEN APPLIANCE CO GRANICUS INC HAAKER EQUIPMENT COMPANY HEALTH & HUMAN HYDRO SCAPE PRODUCTS INC ICC SAN DIEGO AREA CHAPTER JEFFREY A JOSEPH JOHN DEERE LANDSCAPES LASER SAVER LASER SAVER INC LINCOLN EQUIPMENT INC LOPEZ, T MASON'S SAW MCDOUGAL LOVE ECKIS METRO AUTO PARTS DISTRIBUTOR MOSSY NISSAN NATIONAL CITY CAR WASH NATIONAL CREDIT REPORTING PACIFIC AUTO REPAIR PACIFIC TELEMANAGEMENT SERVICE PERRY FORD NATIoNAL airy INCORPORATED WARRANT REGISTER #33 2/10/2015 DESCRIPTION LEGAL / COMM YOUTH ATHLETIC CENTER REFUND: EMPLOYEE HEALTH FAIR REFUND: PERMIT #2014-4438, E 1ST STREET CITY-WIDE PAINTING PROFESSIONAL SERVICES MOP 64096. SAFETY BOOTS / PARKS CHANGING LIVES ANNUAL DINNER / CM SOTELO-SO NEGOTIATIONS PARTS AND MATERIAL TO REPAIR DOORS SUBSISTENCE: SHERMAN BLOCK SLI SESSION CA TORT DAMAGES ANIMAL SHELTER COSTS 2- RCR 071338007 APPRAISAL REPORT COX INTERNET SERVICES PROFESSIONAL SERVICES / RISK DEPOSIT #90007 STORMWATER MGMNT PLAN DEPOSIT #90057 WATER QUALITY TECHNICAL TIRES FOR CITY FLEET RADIO MAINTENANCE SERVICE HIGHWAY LIGHTING FOR FY 2015 SERVICE MAINTENANCE FOR FIRE TRUCK UNEMPLOYMENT INS 10/01/14 - 12/31/14 FLEET LEASE AND MAINTENANCE REFUND: DEPOSIT #90085, 2039 D AVE INV 1-378-06613 SPECIAL HANDLING CHARGES PM125WH Q1 BD 8" "PED" FHWA BATTERY / PW REFUND: ANNUAL PARKING PERMIT CITY-WIDE APPLIANCE PURCHASES, REPAIRS GRANICUS WEBCASTING FOR FY15 DEBRIS CATCHER / PW EMPLOYEE ASST PROGRAM MOP 45720. PARTS FOR PARKS DEPT ANNUAL MEMBERSHIP / BUILDING SHARE OF COURT REFERRED MEDIATION MOP 69277. LANDSCAPING SUPPLIES LASER SAVER PRINTING SUPPLIES MOP 45725. INK CARTRIDGES / SEC 8 ITEM#71-170 ONE-TIME USE WRIST BANDS INTERPRETATION SERVICES MOP#45729 PLANTING MATERIALS LIABILITY CLAIM COSTS MOP#75943 AUTOMOTIVE PARTS LUBE, OIL, FILTERS / PW MOP#72454 AUTOMOTIVE EQUIPMENT CREDIT REPORTING FOR S8 SMOG CERTIFICATION & REPAIRS FOR CITY PACIFIC TELEMANAGEMENT PAY PHONE R & M CITY VEHICLES CHK NO DATE AMOUNT 316141 2/5/15 59,542.52 316142 2/10/15 28.28 316143 2/10/15 355.80 316144 2/10/15 1,800.00 316145 2/10/15 2,143.00 316146 2/10/15 241.62 316147 2/10/15 50.00 316148 2/10/15 1,026.00 316149 2/10/15 2,850.74 316150 2/10/15 384.00 316151 2/10/15 151.51 316152 2/10/15 36,283.13 316153 2/10/15 274.94 316154 2/10/15 2,800.00 316155 2/10/15 256.65 316156 2/10/15 2,954.50 316157 2/10/15 1,277.14 316158 2/10/15 975.00 316159 2/10/15 2,146.86 316160 2/10/15 6,534.00 316161 2/10/15 9,313.92 316162 2/10/15 2,534.21 316163 2/10/15 22,663.00 316164 2/10/15 4,894.81 316165 2/10/15 100.00 316166 2/10/15 185.81 316167 2/10/15 1,697.90 316168 2/10/15 196.36 316169 2/10/15 35.00 316170 2/10/15 70.00 316171 2/10/15 1,477.35 316172 2/10/15 256.15 316173 2/10/15 748.22 316174 2/10/15 1,607.99 316175 2/10/15 75.00 316176 2/10/15 250.00 316177 2/10/15 92.61 316178 2/10/15 366.13 316179 2/10/15 839.90 316180 2/10/15 284.75 316181 2/10/15 140.00 316182 2/10/15 791.68 316183 2/10/15 402.50 316184 2/10/15 9.79 316185 2/10/15 395.93 316186 2/10/15 240.00 316187 2/10/15 217.20 316188 2/10/15 668.57 316189 2/10/15 253.08 316190 2/10/15 3,640.18 41--CALIFORNIA+- 2/2 PAYEE POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY R J SAFETY SUPPLY RAY ALLEN MFG INC RDO EQUIPMENT CO RUSS' BEE REMOVAL S D COUNTY SHERIFF'S DEPT SAN DIEGO HYDRAULICS SANDPIPA SDG&E SHRED IT USA LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTH COAST EMERGENCY STANLEY ACCESS TECHNOLOGIES STAPLES ADVANTAGE STARTECH COMPUTERS STEVENSON, S SWEETWATER AUTHORITY THE LIGHTHOUSE INC TOM MOYNAHAN TOPECO PRODUCTS U S BANK U S HEALTHWORKS VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS VERRY, L VULCAN MATERIALS COMPANY WILLY'S ELECTRONIC SUPPLY YYK ENTERPRISES INC URBAN FUTURES INC NATIONAL env �- INCORPORATED WARRANT REGISTER #33 2/10/2015 DESCRIPTION MOP#67839 AUTOMOTIVE PARTS MOP 45707 BATTERIES MOP#45742 LAUNDRY SERVICES CLASS 3 HI-VIS LIME 2-PC RAINSUIT SM/MED ITEM #RAHP LEATHER HAND PROTECTOR VEHICLE REPAIRS BEE REMOVAL FROM CITY PROPERTY SHERIFF'S RANGE USE REPAIR DAMAGE, TUBE ASSEMBLY FIDELITY INSURANCE STREET DIVISION GAS & ELECTRIC CHARGES MONTHLY SHREDDING MOP 45756 MISC SUPPLIES - COUNCIL MOP 63845. BUSINESS CARDS/DINES/BARAJAS SEND, AIR RESTRICT, ELEC SWITCH / PW CITY-WIDE AUTOMATIC DOOR REPAIRS MOP 45704 OFFICE SUPPLIES - COMM SVC MOP 61744 LASER JET PRO 400 - MIS TRAVEL REIMB / CALPELRA 2015 FACILITIES DIVISION WATER BILL FOR FY MOP#45726 AUTOMOTIVE PARTS MOP#45734 AUTOMOTIVE EQUIPMENT MOP#63849 SMALL TOOLS CREDIT CARD PAYMENT MEDICAL SERVICES K9 VET CARE VERIZON WIRELESS / 12/22/14 - 01/21/15 RETIREE HEALTH BENEFITS / JAN & FEB 2015 3/4 CR UNWASHED / PW MOP 45763 BATTERIES - PD REFUND: PERMIT #72685 726 W 19TH ST INV 140039-250050 / FINANCIAL SERVICES / S A GRAND TOTAL CHK NO DATE AMOUNT 316191 2/10/15 86.36 316192 2/10/15 65.33 316193 2/10/15 191.78 316194 2/10/15 284.99 316195 2/10/15 1,679.97 316196 2/10/15 1,346.87 316197 2/10/15 750.00 316198 2/10/15 200.00 316199 2/10/15 592.55 316200 2/10/15 2,028.00 316201 2/10/15 32,610.51 316202 2/10/15 92.95 316203 2/1D/15 22.46 316204 2/10/15 410.77 316205 2/10/15 331.86 316206 2/10/15 268.50 316207 2/10/15 1,123.23 316208 2/10/15 253.19 316209 2/10/15 326.20 316210 2/10/15 14,349.74 316211 2/10/15 217.14 316212 2/10/15 40.00 316213 2/10/15 223.23 316214 2/10/15 2,245.64 316215 2/10/15 81.00 316216 2/10/15 1,054.20 316217 2/10/15 7,073.60 316218 2/10/15 560.00 316219 2/10/15 2,002.76 316220 2/10/15 351.72 316221 2/10/15 4,203.00 316222 2/10/15 11,362.50 A/P Total 262,953.78 $ 262,953.78 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. /////,,,e MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 17th OF MARCH, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 3/17/2015 — Page 406 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended January 31, 2015. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 AGENDA ITEM NO. ITEM TITLE: Investment transactions for the month ended January 31, 2015. PREPARED BY: Ronald Gutlay PHONE: 619-336-4346 DEPARTMENT: Finance APPROVED BY: EXPLANATION: In accordance with California Government Code section 53646 and City of National City's investment policy section XIIA, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending January 31, 2015. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended January 31, 2015. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger City of National City Consolidated Account #10218 Transaction Ledger 12/31/14 Thru 1/31/15 TraatF^r'at:rlln Settlerraenl --y-- -111111.11. pcq.Ibesp Interest Type ttate- ,CUS1P- gu 15aturIty Descrlptia I•'r,iC#r 1Eioltl Pinaqufir p.9.# 1;1 Tm a1 Amold rrr C3111/4.14. s:i, ACQUISITIONS Purchase 01/05/2015 60934N807 0.19 Federated Govt Oblig Fund Inst. Purchase 01/12/2015 60934N807 1,837.50 Federated Govt Oblig Fund Inst. Purchase 01/15/2015 60934N807 668.75 Federated Govt Oblig Fund Inst. Purchase 01/15/2015 90LAIF$00 18,307.91 Local Agency Investment Fund State Pool Purchase 01/16/2015 60934N807 2,806.25 Federated Govt Oblig Fund Inst. Purchase 01/16/2015 60934N807 625,000.00 Federated Govt Oblig Fund Inst. Purchase 01/28/2015 60934N807 5,581.25 Federated Govt Oblig Fund Inst. Purchase 01/29/2015 60934N807 1,107.25 Federated Govt Oblig Fund Inst. Purchase 01/29/2015 912828UZ1 375,000.00 US Treasury Note 0.625% Due 4/30/2018 Purchase 01/30/2015 60934N807 2,500.00 Federated Govt Oblig Fund Inst. Purchase 01/31/2015 60934N807 2,707.50 Federated Govt Oblig Fund Inst. Subtotal 1,035,516.60 1.000 0.01 % 1.000 0.01 1.000 0.01 % 1.000 0.27 % 1.000 0.01 % 1.000 0.01 % 1.000 0.01 % 1.000 0.01 % 99.078 0.91 % 0.19 1,837.50 668.75 18,307.91 2,806.25 625,000.00 5,581.25 1,107.25 371,544.23 0.00 0.19 0.00 1,837.50 0.00 668.75 0.00 18,307.91 0.00 2,806.25 0.00 625,000.00 0.00 5,581.25 0.00 1,107.25 582.70 372,126.93 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.000 0.01 % 2,500.00 0.00 2,500.00 0.00 1.000 0.01 % 2,707.50 0.00 2,707.50 0.00 1,032,060.83 582.70 1,032,643.53 0.00 TOTAL ACQUISITIONS 1,035,516.60 1,032,060.83 582.70 1,032,643.53 0.00 DISPOSITIONS Sale 01/29/2015 60934N807 372,126.93 Federated Govt Oblig Fund Inst. 1.000 0.01 % 372,126.93 0.00 372,126.93 0.00 Subtotal 372,126.93 372,126.93 0.00 372,126.93 0.00 Maturity 01/16/2015 313381H24 625,060.00 FHLB Note 100.000 625,000.00 0.00 625,000.00 656.25 0.25% Due 1/16/2015 Subtotal 625,000.00 625,000.00 0.00 i 625,000.00 656.25 Security 01/07/2015 60934N807 1,015.00 Federated Govt Oblig Fund Inst. 1.000 1,015.00 0.00 1,015.00 0.00 Withdrawal Security 01/31/2015 90SDCP$00 6,000.00 County of San Diego Pooled Investment 1.000 6,000.00 0.00 6,000.00 0.00 Withdrawal Pool Subtotal 7,015.00 7,015.00 0.00 7,015.00 0.00 TOTAL DISPOSITIONS 1,004,141.93 1,004,141.93 0.00 1,004,141.93 656.25 OTHER. TRANSACTIONS Interest 01/12/2015 3137EADN6 490,000.00 FHLMC Note 0.75% Due 1/12/2018 0.000 1,837.50 0.00 1,837.50 0.00 Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 2/27/2015 8:31:34 AM AIL City of National City Consolidated Account #10218 Transaction Ledger 12/31/14 Thru 1/31/15 firmosactIon se1#) rtith 1 Typ :000 CUSrF PI rf#1,. Security Description AcaIIIDsp' Ir4re# price ;till ;411it unt;: Pvrf rtl:. .'TCi $I1i34f#SLIIAt rd• ,L4; :-`: OTHER TRANSACTIONS Interest Interest Interest Interest interest Interest Interest 01/15/2015 912828TD2 01/16/2015 313381H24 01/16/2015 94974BFG0 01/28/2015 31398AU34 01/29/2015 3133ECFV1 01/30/2015 3135G0GY3 01/31/2015 084670BD9 Subtotal 535,000.00 US Treasury Note 0.25% Due 7/15/2015 625,000.00 FHLB Note 0.25% Due 1/16/2015 270,000.00 Wells Fargo Corp Note 1.5% Due 1/16/2018 470,000_00 FNMA Note 2.375% Due 7/28/2015 515,000.00 FFCB Note 0.43% Due 1/29/2016 400,000.00 FNMA Note 1.25% Due 1/30/2017 285,000.00 Berkshire Hathaway Note 1.9% Due 1/31/2017 3,590,000.00 Dividend 01/05/2015 60934N807 29,900.62 Federated Govt Oblig Fund Inst. Dividend 01/15/2015 90LAIF$00 2,565,897,794.13* Local Agency Investment Fund State Pool 0.000 Subtotal 2,565,927,694.75 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 668.75 781.25 2,025.00 5,581.25 1,107.25 2,500.00 2,707.50 17,208.50 0.00 668.75 0.00 781.25 0.00 0.00 2,025.00 0.00 0.00 5,581.25 0.00 0.00 1,107.25 0.00 0.00 2,500.00 0.00 0.00 2,707.50 0.00 0.00 0.00 17,208.50 0.00 0.19 0.00 0.19 0.00 18,307.91 0.00 18,307.91 0.00 18,308.10 0.03 18,308.10 0.00 TOTAL. OTHER TRANSACTIONS 2,569,517,694.75 35,516.60 0.00 35,516.60 0.00 * Total represents aggregate balance of Local Agency Investment Fund State Pool. Chandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 2/27/2015 8:31:34 AM CC/CDC-HA Agenda 3/17/2015 — Page 410 The following page(s) contain the backup material for Agenda Item: Continued Public Hearing — Proposed Street Vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street (Applicant: Frank Motors) (Case File No. 2013-23 SC) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 'March 17, 2015 AGENDA ITEM NO. ITEM TITLE: ;Continued Public Hearing — Proposed Street Vacation of a segment of A Avenue located south of East 28th Street and north of East 29th Street (Applicant: Frank Motors) (Case File No. 2013-23 SC). PREPARED BY: °Martin Reeder. AICPi DEPARTMENT: !pi PHONE: 1619-336-4313 APPROVED BY: EXPLANATION: The City Council initiated the vacation request on August 19, 2014 to vacate the portion of A Avenue adjacent to Frank Motors. The Planning Commission determined that the vacation is consistent with the General Plan on November 17, 2014. Council held a public hearing on December 16, 2014 and continued the item off calendar for additional traffic analysis and expanded public notice. The attached Background Report describes the proposed vacation in more detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: !Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The street and alley vacation do not result in any changes in land use.' ORDINANCE: INTRODUCTION: FINAL ADOPTION: I 1 STAFF RECOMMENDATION: !Determine that no present or prospective public use would be affected by partial closure "A" Avenue, based on facts contained in the staff report. .1 BOARD / COMMISSION RECOMMENDATION: The Planning Commission determined the Street Vacation request complies with the General Plan. Vote: Ayes — Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia, Pruitt ATTACHMENTS: 11. Background Report 4. Location Map 7. Hearing Notice 2. Recommended Findings 5. Site Photos 8. Notice of Exemption 3. Recommended Conditions 6. Letters of Opposition 9. Plans BACKGROUND REPORT Previous Action Council held a public hearing on December 16, 2014. Two letters were received prior to the meeting; one opposed to the project for reasons related to traffic, and one with concerns over noticing. The Council continued the item off calendar for additional traffic analysis and expanded public notice. New Information Although the previous public hearing was correctly noticed (two consecutive weeks in a newspaper of general circulation and physical posting on the street), there were concerns from neighboring property owners and residents regarding notice of the hearing. In order to ensure that all affected parties were given notice of this public hearing, staff worked with the applicant to provide an expanded notification list. The public hearing notice was mailed to all property owners and occupants within 300 feet of all properties fronting on "A" Avenue between East 28th and East 30th Streets. This increased the radius of the noticing, which would normally be limited to the area of street to be vacated. Notice was also posted on the street in a visible manner and published in the Union Tribune for two consecutive weeks prior to March 17, 2015, consistent with City policy. At the meeting of December 16, 2015, Council requested that the applicant conduct additional traffic analysis to determine if the closure of "A" Avenue would necessitate a traffic light at National City Blvd. and East 28th Street. Research on the amount of pedestrian traffic affected by the proposed closure was also requested. Stack Traffic Consulting performed additional analysis, based on the parameters set forth by Council, and submitted the following summary, which outlines findings based on the new traffic data obtained for the project and analysis completed at the National City Boulevard & 28th Street intersection: • The National City Boulevard & East 28th Street intersection would operate at an acceptable LOS (Level of Service) of C or better during both the AM and PM peak -hour after the closure of "A" Avenue . • The weekday average traffic volumes along the midblock section of "A" Avenue was 544 vehicles based on traffic volume data obtained between January 8 and 14, 2015. • The current average traffic volumes along the midblock section of "A" Avenue remained the same when compared to traffic volumes obtained in May 2014 (540 vehicles). • The pedestrian and bicycle volumes observed over the 7-day period were extremely low and resulted in a maximum of 28 pedestrians and 7 bicycles. The City Traffic Engineer reviewed accident history in the area provided by the Police Department, as well as the traffic analysis prepared by Stack Traffic Consultants. There were no reported accidents at the intersection of National City Boulevard & East 28th Street related to vehicles attempting to exit East 28th Street onto National City Boulevard. Based on these reviews the Traffic Engineer stated that the proposed closure of "A" Avenue between East 28th and 30th Streets does not present a significant impact to traffic operations, and that no traffic light is necessary at this time. Site Characteristics The segment of "A" Avenue proposed to be vacated is 60 feet wide and 250 feet long. This block is located between East 28th Street and the former East 29th Street (29th Street was closed in 1968). This portion of "A" Avenue is fully developed with two traffic lanes, approximately 18 cars worth of on -street parallel parking on sides, curb, gutter, and sidewalk. The proposed right-of-way to be vacated currently provides access to the two adjacent properties occupied by Frank Motors. The west property is the car dealership and the east property a parking lot that serves as parking for newly delivered vehicles. Adopted in January 2006, the City's Street Vacation Procedures require the City Council to initiate a request to vacate any public streets. The Council initiated the street vacation request on August 19, 2014. Pursuant to the Streets and Highways Code, Section 8313 and the Street Vacation Procedures, the Planning Commission must determine whether a proposed vacation is consistent with the General Plan and forward the recommendation to the City Council. Planning Commission reviewed the street vacation for conformance with the General Plan at a hearing on November 17, 2014. The Commission determined that the Street Vacation as described on the attached plans was in compliance with the National City General Plan, since the portion of "A" Avenue to be vacated serves minimal non -area occupant traffic and is not identified as an arterial or collector street in the Circulation Element of the General Plan. Furthermore, all resident and emergency access will be maintained. Proposal The area proposed to be vacated is 15,000 square feet in size. No change in the existing development is proposed; the applicant has proposed the vacated street to be used as a parking lot and delivery driveway for the dealership. Frank Motors is requesting the vacation so that vehicle offloading activities can occur in a private area. The applicant also suggests that making the street private would remove the safety hazard of vehicles exiting to "A" Avenue blindly from between dealership buildings, although there were no reported accidents over the last four years in this location. Analysis The street segment proposed to be vacated is currently used for motorized and non - motorized transportation, and is designated as a local road in the Circulation Element of the General Plan. As part of the application, staff requested the applicant provide traffic count data for the proposed segment of street to be closed. According to data originally provided by the applicants' traffic consultant (Stack Traffic Consulting), an average of 540 vehicles was observed using the segment of "A" Avenue between 28th and 30th Streets over a two day period (Tuesday and Wednesday). The City's General Plan does not provide traffic count or Level of Service data for "A" Avenue, as it is a local street — typically low in traffic flow. Traffic counts included cars being shuttled between the storage lot and car dealership. The analysis shows that Sunday traffic is approximately half that during the week. This is because Frank Motors does not currently unload cars on Sundays. Therefore, the traffic counts south of the vacated area would generally be lower. The portion of "A" Avenue to be vacated is fully developed, although it is not identified as an arterial or collector street in the Circulation Element of the General Plan. There are also utilities that reside in the area to be vacated, including water mains, power and telephone poles, and a sewer main. If vacated, access to all utilities would need to be maintained or abandoned/relocated as required. Comments were also received from the Fire Department, who requires continued access to the area after it is vacated. No plans for fences or gates have been submitted, although it is assumed that there will be restricted access. If gates are installed, the Fire Department and Police Department will require emergency access (e.g., Knox box, strobe -activated gates). Recommended Conditions of Approval that reflect these requirements are attached. General Plan Conformance The properties either side of the street were vacant for some time after the recent economic downturn. Frank Motors is a recent tenant and has been looking to expand business operations since purchasing the property across "A" Avenue. Their intent is to eventually amalgamate the properties and expand the dealership, should the properties be combined. Assembling the parcels would increase the efficiency and potential of the property, which would make the business more successful. This would in turn provide benefits to the City through taxes and employment. This scenario is consistent with General Plan policies related to Goal LU-7: The efficient use of land and infrastructure, specifically, the following policies: • Policy LU-7.1: Establish incentives to promote the use and development of vacant infill parcels and the intensification of land uses on underutilized parcels to realize the greatest benefit to the community. • Policy LU-7.6: Support the strategic conversion of certain sections of streets into developable land only where the conversion positively contributes to the redevelopment and revitalization of the area, improves traffic safety, and does not impede emergency access. However, there are also policies in the General Plan that the proposed vacation could potentially conflict with, specifically, the following policies: • Policy C-2.2: Enhance connectivity by eliminating gaps and barriers in roadway, bikeway, and pedestrian networks. • Policy C-8.8: Provide a continuous pedestrian network within and between neighborhoods to facilitate pedestrian travel free from major impediments and obstacles. It should be noted that the street in this location does not produce a major amount of traffic, other than from adjacent businesses. In addition, there is no neighborhood to speak of south of 30th Street in this area. Given that the majority of traffic is generated by the applicant, and that the other users south of the project area on "A" Avenue will maintain access, the latter policies do not carry as much weight as the former policies. Streets and Highways Code The City's Street Vacation Procedures require compliance with the California Streets and Highways Code; specifically, the following: 8324. (a) At the hearing, the legislative body shall hear the evidence offered by persons interested. (b) If the legislative body finds, from all the evidence submitted, that the street, highway, or public service easement described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street, highway, or public service easement. The resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation not be recorded until the conditions have been satisfied. As mentioned above, traffic analysis shows that approximately half of the traffic volume on "A" Avenue between East 28tn and 30th Streets is dealership traffic. Furthermore, the analysis shows that East 28th Street will continue to function at an acceptable level (LOS C) with the redirected traffic resulting from closure of "A" Avenue. Likewise, the National City Blvd. and East 28th Street intersection will also continue to operate safely. Public access to residential areas will continue to be provided via East 28th Street, which leads to the residential neighborhood east of the property. Although the distance will be slightly further (1/4-mile), residents will continue to have access to eastbound 30th Street via National City Blvd. Public access to the commercial properties south of the proposed vacated area will also continue to be provided by the remainder of "A" Avenue, which has access to East 30th Street. Based on these facts, partial closure of "A" Avenue will not impede on the present or prospective public use of the remainder of the street. Emergency access can be addressed through an easement, which would ensure that the public need for emergency access continues to be met. A condition of approval has been included to require said easement. Summary The General Plan Circulation Element does not identify the area as a major road (arterial or collector), and the proposed street vacation does not conflict with the policies and goals of the General Plan. Furthermore, the traffic counts in this location are low and largely attributed to the applicant. All occupant and emergency access will be maintained with relation to the businesses operating on the street, both north and south of the proposed vacated street, and the circuity caused by the closure is minor. Traffic and accident data has been compiled and analyzed and no impacts noted. Finally, ample notice has been provided to owners and occupants in the area. RECOMMENDED FINDINGS FOR APPROVAL OF THE STREET VACATION 1. That the Street Vacation as described on the attached plans is unnecessary for present or prospective public use, since emergency access will continue to be provided, and since access to public and private properties in the area will still be provided. 2. That the Street Vacation as described on the attached plans is in compliance with the National City General Plan, since the portion of "A" Avenue to be vacated serves minimal non -area occupant traffic and is not identified as an arterial or collector street in the Circulation Element of the General Plan. Furthermore, all resident and emergency access will be maintained. RECOMMENDED FINDING FOR DENIAL OF THE STREET VACATION 1. That the Street Vacation as described on the attached plans is necessary for present or prospective public use, since emergency access still needs to be provided through the area. RECOMMENDED CONDITIONS OF APPROVAL 2013-23 SC — A Avenue — Frank Motors General 1. This Street Closure authorizes the vacation of 60 feet by 250 feet of "A" Avenue south of East 28th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-23 SC dated 10/2/2013. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. Fire 3. Plans submitted for improvements must comply with the 2013 editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations. 4. Identification signs shall be posted for all utilities such as natural gas and fire sprinkler system. Please contact the National City Fire Department for direction and copy of requirements. 5. Fire department access roads shall meet the requirements of the California Fire Code 2010 Edition Chapter 5 and Appendix D and 503.1.1 Access Roads. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to Fire Department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of a fire apparatus weighing at least 75,000 pounds. Fire department access roads shall have an unobstructed width of not less than 20 feet for emergency vehicle travel. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING - FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. 6. Roads or alleys 20 to 26 feet wide shall be posted on both sides as fire lanes. 7. If automatic gates are used, emergency strobes shall be for entrance and egress if applicable. 8. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. 9. A 48 hour notice is required for all inspections. Engineering 10.The Applicant shall submit a plat and legal description of the proposed area of the street vacation. 11.The Applicant shall submit a title report for all properties adjacent to the portion of "A" Avenue to be vacated. 12.The street vacation document shall provide all necessary easements as required by the various utility companies. 13.The street vacation document shall provide to the City of National City a twenty foot access and sewer easement ten feet on either side of the existing center line of the portion of "A" Avenue to be vacated. 14.The street vacation document shall provide to the City of National City a drainage easement over that portion of "A" Avenue to be vacated. 15.The Applicant shall submit plans and details of all gates, fences, barricades and appurtenances proposed to be installed at either end of the vacated portion of "A" Avenue. Vacation Area — — — Zone Boundary I I I I Feet 0 55 110 220 APN: vacation (n/a) Planning Commission Location Map 2013-23 SC 11.5.14 Site Photos — 2013-23 SC — A Avenue — Frank Motors A Avenue looking northbound A Avenue looking southbound December 10, 2014 Martin Reeder, AICP City of National City - Planning Department 1243 National City Blvd. National City, CA 91950 To Mr. Reeder, This letter is response to the Notice of Public Hearing we received for Case File Number 2013-23 SC. My family owns the property located at 130 East 28th Street in National City, CA and our property is located directly east of the applicant's property. It is our understanding based on reviewing the Notice of Public Hearing and in my discussion with you that the applicant wishes to vacate A Avenue between East 28th Street and East 29th Street in order to connect their properties for the possibility of future development. We are adamantly opposed to the vacation of A Avenue as it would cause a significant decrease in the value of our property and a traffic safety issue for users of our property and our neighbors. Our property is zoned Service Commercial (SC) and the purpose of the Service Commercial zone is to provide for intensive commercial activities; specialized service establishments; light manufacturing, wholesaling, and distribution uses that operate in a lean and quiet manner; and supporting and complimentary uses. This is the most intense commercial use in the city's zoning code and there is very limited property throughout the city that currently has this zoning designation. My background is in the development industry and I have worked for national retail companies in the development and expansion of properties across the western US. The number one factor in determining a location for any commercial development is access. Access to a commercial site is the key to a developments success because if a property is too difficult to access people will go elsewhere. Currently A Avenue is the main access from our property to State Route 54 and to eastbound E. 30th Street. The only signalized intersection to get to State Route 54 from our property is at 30th Street and National City Boulevard. National City Boulevard is a major arterial street with a high volume of traffic. In order make a safe left turn movement when leaving our property and head to State Route 54 the safest path of travel is to head south on A Avenue between E. 28th Street and E. 30th Street then west on E. 30th Street in order to turn south (left) onto National City Boulevard at a signalized intersection. The safest path of travel in order to access eastbound E. 30th Street, which is another major access road in the city, is to head south on A Avenue between E. 28th Street and E. 30th Street then turn left on E. 30th Street. The applicant also provided a traffic letter that gives a summary of 24-hour traffic volumes on A Avenue between E. 28th Street and E. 30th Street. This letter only analyzes traffic in its current condition and does not take into account traffic volumes if our property was being used as a distribution center or another use allowed under the current zoning. The traffic letter also states "It should be noted that these traffic volumes captured the vehicles that are being shuttled between the main facility on the west side of A Avenue near 28th Street and the surface parking lot on the east side of A Avenue near 28th Street. Traffic volumes for the remainder of A Avenue south of the surface parking lot would be much lower." The letter states that traffic volumes were collected with a "machine" and if that is the case there is no evidence given in the letter that they could actually determine where traffic was coming and going. The counts would strictly give the volume of traffic at a specific point. The statement that traffic volumes for the remainder A Avenue excluding that which is done by the dealership is unfounded. With the same data you could make the argument that most of the traffic is pass through traffic on A Avenue and not related to the dealership. Unless someone witnessed and documented the traffic patterns then this letter and its findings should serve no bearing on the city's decision to vacate A Avenue. The only fact in the letter is that there is an average of 540 cars a day traveling on this section of A Avenue. In the event A Avenue is vacated and closed to the public one could assume this would move 540 more cars a day (with our property in its in current use and not with increased traffic as a commercial use) to National City Boulevard and increase the possibility of traffic collisions. If the city grants the vacation of A Avenue, the access to State Route 54 and to eastbound E. 30th Street would be restricted from ours and our neighbors' properties and would only leave the non -signalized intersection of E. 28t'' Street and National City Boulevard to access State Route 54 and eastbound E. 30th Street. This would be a safety concern for anyone using our property or any of the neighboring properties as this would require anyone trying to access State Route 54 and eastbound E. 30t'' Street to make a left turn movement across Nation City Boulevard without a signal. This could cause an increase in collisions at that intersection in additional to making our property Tess attractive for commercial use because it would create a need to go a roundabout way to access the property. Again, we are adamantly opposed to the vacation A Avenue as proposed and if the city approves this vacation we would expect reasonable compensation for the decrease in our land value from the city or the applicant. Sincerely, ,2:202go.„ Daniel G. Mann, P.E. A McMillinRealty December 16, 2014 Mayor Ron Morrison City of National City 1243 National City Blvd National City, CA 91950 Scott M. McMillin l President 101 E 30' Street l National City, CA 91950 scott©mcmillinrealty.net l 619.794.1201 RE: "A" Avenue south of East 28th Street, National City, CA 91950 (Project #2013-23 SC) Dear Mayor Morrison, The proposed street vacation of A Street has come up quite suddenly, with the City Council meeting tonight for approval, and I've only learned about details of the proposal from the planning department yesterday morning. Apparently, for this type of decision, there is no requirement for direct noticing of neighbors. Posting on the property and on stop signs and telephone poles and a public notice in newspapers that we do not read is simply not sufficient for such a significant decision. I did receive a phone call a couple months ago from the applicant, Gary Fanelli, with a general description of the project, but'no details. I expressed to him that I am not generally opposed, and expected further details and participation in the public review process so that the impacts on my property at 101 E 30th Street would be appropriately considered. With the limited time to review, I can reduce my concerns primarily to loading/unloading in the area that will remain public. The proposal states "Frank Motors is requesting the vacation so that the vehicle offloading activities can occur in a private area." As long as these specific activities remain in the newly created private area and are specifically prohibited by posted signs with proper enforcement, then I believe it could work. Currently, vehicles are constantly being off-loaded in the area that will remain public, and vehicles are driven to the lot access points which are, again, in the area that will remain public. If the proposed area is made private, and unloading activities continue in the public area, access to our property would be negatively affected. Further, the same property/business owner controls the lot, and the various dealerships nearby. With the subject property being used as a delivery point for all of these stores, a private drive area could work for a single owner. However, if ownerships became separated, there could be an issue with limited unloading areas and could have the potential to cause transports to unload in front of our building and limit access. In summary, I believe we should have been directly noticed, so we could have properly participated in the public process for such a significant decision such as a street closure. The proposal could be acceptable if a condition of approval were included that the applicant have operating procedures to limit loading/unloading within the private area, the remaining street be clearly marked no loading, and that there be proper enforcement. Sincerely, Scott M. McMillin March 11, 2015 Martin Reeder, AICP City of National City - Planning Department 1243 National City Blvd. National City, CA 91950 To Mr. Reeder, This letter is response to the Notice of Public Hearing we received for Case File Number 2013-23 SC. My family owns the property located at 130 East 28th Street in National City, CA and our property is located directly east of the applicant's property. It is our understanding based on reviewing the Notice of Public Hearing the applicant wishes to vacate A Avenue between East 28th Street and East 29th Street in order to connect their properties for future development and their own personal financial gain. In the City Council hearing on December 16, 2014, the City Attorney stated that the council must make 2 findings in order to approve the vacation. First, the street is unnecessary for present public use. And second, the street is unnecessary for prospective public use. The updated traffic study conducted its vehicle, pedestrian, and bicycle counts on January 8th, 2015 when Sweetwater High School was on break. There is a significant amount of vehicle, pedestrian, and bicycle traffic in the area due to the high school and it seems unrealistic to do the count on a week school is out. This appears to me that the applicant is doing everything in their power to manipulate the data in their favor. Furthermore, in the updated traffic study prepared by the applicant it states "In order to assess the amount of traffic that would be re-routed due to the closure of A Avenue between 28th Street and 30th Street, an origin -destination study was performed. Video cameras were mounted in the mid -block section of A Avenue and recorded vehicle movements onto A Avenue from both 28th Street and 30th Street. Only vehicles that traveled the entire length of Avenue A were recorded." There are 2 other businesses that have access only from A Avenue between 28th Street and 30th Street. Why wouldn't the traffic to these businesses be incorporated into the rerouting of traffic? They would be affected by the closure just as someone going all the way through would be. Someone traveling south on A Avenue would need to be rerouted around the closed section to get to these businesses. The updated traffic study also removed the statement that most of the traffic on A Avenue is from the dealership. It now states there is a total weekday volume of 544 cars traveling on this segment of A Avenue. This is a significant volume of traffic to reroute to National Boulevard. The updated traffic study also states that the majority of the southbound traffic turns right onto 30th Street. By eliminating this section of A Avenue you would be forcing cars to turn on 28th Street and then left at an unsignalized intersection at National Boulevard instead of making the safer right turn as presently exists. The delays are significantly increased at the intersection of National Boulevard and 28th Street as shown in the traffic study. There are over 1,400 cars during the peak hour on National City Boulevard that these re-routed vehicles would have to cross. The traffic study also does not take into account the changes this traffic rerouting would make on the intersection of National Boulevard and 30th Street. This could cause a change in the level of service of this intersection because on increased left turns onto 30th Street. It appears that the study the applicant has provided makes it clear that many of the residents/patrons in this area use this stretch of A Avenue on a daily basis and it is clear this is necessary for public use. Pedestrians, bicyclists, and vehicles all travel on this stretch of A Avenue and the vacation of the portion of A Avenue will not benefit the public in any way. It will only help the applicant redevelop their property for their own personal gain. In regards to the second determination the City Attorney stated in the previous hearing on December 16, 2014, the applicant has made no attempt to show what impact this closure would have on prospective public use, including development on nearby parcels that are currently zoned for a more intense use. This increase in traffic could have a significant impact on the safety of drivers, pedestrians, and bicyclists, if they are all to be re-routed to National Boulevard. Our property could be redeveloped any time and we believe this portion of A Avenue is absolutely necessary for prospective public use not only to serve our property but our neighbors properties as well. We ask city council deny the applicants request to vacate this portion of A Avenue. If council approves this vacation it would set a precedent for other property owners along A Avenue to vacate the portions adjacent to their properties, moving even more traffic to National Boulevard. There are properties on A Avenue between 22nd Street and 24th Street and between 26th Street and 27th Street that could use this determination as a way to vacate the portions of A Avenue between those car lots as well. The abandonment of A Avenue would not be a benefit to anyone in the community except for the applicant. It is clear from the neighbor opposition that the residents and property owners in this area use this portion of A Avenue and it is necessary for current and prospective public use, including rental of existing homes, other businesses on A Avenue, and future development. Again, we are adamantly opposed to the vacation of A Avenue as proposed and if the city approves this vacation we would expect reasonable compensation for the decrease in our land value from the city or the applicant. Sincerely, Daniel G. Mann, P.E. CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN City, will hold a Public Hearing after 2015, in the City Council Chambers, to consider a: that the City Council of the City of National the hour of 6:00 p.m., Tuesday, March 17, 1243 National City Blvd., National City, CA, STREET VACATION FOR A SEGMENT OF "A" AVENUE LOCATED SOUTH OF EAST 28TH STREET AND NORTH OF EAST 29TH STREET. (Case File No.: 2013-23 SC) The applicant proposes to vacate approximately 250 feet of the 60-foot wide right-of-way between East 28th Street and East 29th Street (closed in 1968). The proposed right-of-way to be vacated currently provides access to the two adjacent properties occupied by Frank Motors. The vacation would make the business more efficient and would facilitate future expansion of the business. This Vacation Proceeding is conducted pursuant to the provisions of Division 9, Part 3 of Chapter 3 of the California Street and Highways Code. A map depicting the proposed street vacation is on file in the National City Planning Department. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned at, or prior to, the Public Hearing. The Planning Commission; at their meeting of November 17, 2014, determined that the proposed vacation is in conformance with the General Plan. March 4, 2015 Michael R. lDaila, CMC City Clerk 1// CALIFORNIA "c_ NATIONAL, Cli y ��3:311 CORFORA CITY OF NATIONAL CITY — PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2013-23 SC Project Location: "A" Avenue south of East 28th Street, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Vacation of a portion of 60-foot by 250-foot portion of "A" Avenue south of East 28th Street. Applicant: Jerry Drewett — Frank Motors 2400 National City Blvd., National City, CA 91950 Telephone Number: (619) 507-4336 Exempt Status: Categorical Exemption. Class 5 Section 15305 (Minor Alterations in Land Use Limitations) Reasons why project is exempt: There is no possibility that the proposed vacation will have a significant impact on the environment since the area to be vacated is a developed street and will remain in a vehicular capacity, is not identified as a major road (arterial or collector) in the Circulation Element of the General Plan, and is not identified for any future street or alley extension in or near the subject area. Date: MARTIN REEDER, AICP Principal Planner R/W 0 r`) 0 FIREZHYD z WGV'S SEW MH R/W R/W FIRE ZHYD 1 40' 28TH STREET 40 GUY PP18017 40' ° 40' w s 0/H WIRES- 30' 28TH STREET c3-L 30' N 70'54'23" E U 30' 30' SEW MH FD. RR SPIKE PER CR 248, ACC. AS CL INTERSECTION N 18'59'41 W 249.70' (N 18.59'41 "W 249.66' PER CR 249) HIGH CHAIN LINK SECURITY FENCE (TYP.) SLOPE/PEPPER TREES SLOPE/BUSHES Ce Pit I» RENT ASSE SLOPE/ ED PHALT PAR 2 LT POLE 18008 APN 562-170-23 (P.R. PARCEL 3) 14, 982 S.F./ 0.343 ACRES ZONING: COMM. SERVICE TOE OF SLOPE/ EDGE OF AC PAVE. IL 5, 1/4 SEC 152 MAP Na 1 OR PARCEL E 0?' AC PA ING LOT 3 HAIN LINK ' ECURITY FEIN CONC. SWALE re BOUNDARY (TYP.) VE. NK NIJAADDRESS R1' NO BUILDINGS APN 562-160-05 (P.R. PARCEL 2) 25,713 S.F./ 0.59 ACRES ZONING: COMM. SERVICE 4 5 6 CE (TIP.) ONNC.,. D" :VEWA..Y Ater ""STEEL.' SERVICE AC PAVE. J PLANTER 6"JUNIPER VACATED 20' AILILEY O AC PAVE AC PAVE. D AND CLOSED PARTIALLY COVERED TR \ AC PAVE. CMU BLDG WALLS (TYP.) BATHROOMS BLDG. HE HT= 20.2' OFFICES 3 4 AUTO SHOWROOM (GLASS WALLS) BLDG. HEIGHT= .20' N -STEPS EPB'S ❑ \ ICV PE CONC. CURB, GUTTER & SIDEWALK N 18'59'43" W (N 18'59'41 "W PER CR 248) O in WALLS YP.) 7 LT POLE 17998 LK2 8 ASPHA T PARKING SLOPE/ICEPLANT / MAP NO OT 9 EASTERLY 10' OF "A" AVE., VACATED AND CLOSED TO PUBLIC USE. TO PUBLIC. USE ROOF OVERHA NCH DRAIN 6 7 ROOF OVERHANG WM C BERM O (0 :P POSTS PARTIALLY COVERED ROOF OVERHANG TOME AC R PAVRKING" AVE.I N U O z 0 0 0 ELEC. PANEL/ (5) METERS RR. BKFLO ASSY. DRIVEWAY SEW MH LEGEND: • INDICATES A FOUND LEAD & DISC STAMPED "LS 2976" PER CR 248 & 249, USED TO ESTABLISH BOUNDARY. UNLESS OTHERWISE INDICATED. INDICATES A FOUND LEAD & DISC STAMPED "RCE 26112" PER R.O.S. 9647, USED TO ESTABLISH BOUNDARY. INDICATES PROJECT PROPERTY BOUNDARY INDICATES CURRENT ASSESSOR PARCEL BOUNDARY EXISTING 1—STORY OFFICE COMPLEX P'*1R. BILK 2 CONC. CURB, GUTTER & SIDEWALK O op N 18'57'14" W 520.40' (520.52' CALC'D PER CR 248 & ROS 9647) FD 3/4"IP PER CR 2478 FRENCH DRAIN OFFICES 2829 NATIONAL CITY BOULEVARD APN 562-160-07 (P.R. PAR. 1) 78,597 S.F. / 1.804 ACRES ZONING: COMMERCIAL AUTOMOTIVE —(2 4" PVC U. SIDEWALK U.D. N 18'59 . DRAIN PIPES '43" W 389.93' EPB 40' ICV'S FIRE HYD CONC. CURB GUTTER & SIDEWALK 'ROOF O.VERH4NO RVICE: ... BAY ALLS: AC PAVE. SER1?CE ..:OAT', CMU.'WALLS (TYt.) AC PAVE. OFFICE MAP NO. 1 DRIVEWAY AC PAVE. 17 16 ACRAP MU RET. WL tie 7 RJW DRIVEWAY FIRE HYD MON WL SCO, SEW MH D=97'11'59 L=33.93' RAD=2�' APN 562-180-30 16,873 S.F./ 0.387 ACRES ZONING: COMM. AUTO °SCO FD. 3/4" I.P. PER 'OS 9647 ACC. AS ELY R/W LLEY APN 562-180-32* (ADJ.) 24,843 S.F./ 0.570 ACRES ZONING: COMM. AUTOMOTIVE 6 MOW CRB TSPEP- AC PAVE. FD. 3/4" I.P. PER CR 248 ACC. AS CL 29TH STREET N 18'59'43" W 477.66. (477.67' CALC'D PER CR 248 & ROS 9647) NATIONAL CITY BOULEVARD (FORMERLY NATIONAL AVENUE) SEW MH R/W EPB TPB WM ICV'S SEW MH N 18'57'53" W 136.92' AC PAVE. AC PAVE. 20' HIGH PARKING LOT L GHTS (TYP.) APN 562-180-33* (ADJ.) 17,214 S.F./ 0.395 ACRES ZONING: COMM. AUTOMOTIVE 29' HIGH "M BUS STOP SIGN/ BENCHES Y') 33" 00' 36' SIGN NWL TRAFFIC/ST UGHT (FORMERLY NATIONAL AVENUE) O R AC PAVE. 40' It 40' WGV 40' SMH SEW MH 40' SEW MH 40' ct 0 30' 60' 90' GRAPHIC SCALE INDICATES PROPOSED STREET VACATION AREA (14,980 S.F. / 0.322 ACRES) PROPOSED STREET VACATION LEGAL DESCRIPTION: THE WESTERLY 60 FEET OF THE EASTERLY 70 FEET OF 'A" AVENUE, LYING WESTERLY AND ADJACENT TO LOTS 1 TO 10 INCLUSIVE IN BLOCK 2 OF SMITH & PLANTE'S SUBDIVISION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1043, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 11, 1907. THIS PLAT WAS PREPARED BY ME ON SEPTEMBER 25, 2013. 41,4t Lir 9-25-13 STEVEN L. WOODS DATE STATE OF CALIFORNIA PLS NO. 6427 LICENSE EXPIRATION DATE: 12/31/2014 CITY OF NATIONAL CITY SAN DIEGO BAY VICINITY MAP WOODS LAND SURVEYING, INC. 2180 GARNET AVE., SUITE 3K SAN DIEGO, CA 92109 (858) 273-4700 PROPOSED NATIONAL CITY BLVD 00 FRANK MOTORS, INC 0 ALL IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA THIS DRAWING /5 THE PROPERTY OF WOODS LAND SURVEYING (WLSI. AND SHALL NOT BE USED FOR ANY PURPOSE OTHER DLAN FOR WHICH IT WAS ORIGINALLY INTENDED WITHOUT THE WRITTEN CONSENT OF AN AUTHORIZED AGENT OF WLS WLS ACCEPTS NO RESPONS/BRRY FOR THE USE OF THIS DRAWING FOR ANY PURPOSE AFTER SIX MONTHS FROM THE DATE INDICATED BELOW: DRAWN BY.: y m REVISED BY:: REVISIONS DESCRIPTION ti z PLOT DATE: 9-25-13 SCALE: 1 „ = 30 ' WLS WO: FRANK —A —VAC SHEET 1 OF 1 CC/CDC-HA Agenda 3/17/2015 — Page 429 The following page(s) contain the backup material for Agenda Item: Public Hearing No. 1 of 2 on the U.S. Department of Housing and Urban Development (HUD) Draft Five - Year Consolidated Plan for Program Years 2015 to 2019 and allocation of Fiscal Year (FY) 2015-2016 entitlement grant funds, program income, uncommitted fund CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 AGENDA ITEM NO. ITEM TITLE: Public Hearing No. 1 of 2 on the U.S. Department of Housing and Urban Development (HUD) Dratt Five -Year Consolidated Plan for Program Years 2015 to 2019 and allocation of Fiscal Year (FY) 2015-2016 entitlement grant funds, program income, uncommitted funds, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for the FY 2016 Action Plan. (Housing, Grants, and Asset Management Department) PREPARED BY: Angelita Marchant;omm. Dev. Specialist DEPARTMENT: Ho►irlg, Grants, & Asset men Dept PHONE: (619) 336-4219 APPROVED EXPLANATION: See attachment number one for explanation. FINANCIAL STATEMENT: APPROVED: `1/14Rstio Finance ACCOUNT NO. APPROVED: MIS The City will receive $783,470 in CDBG and $232,709 in HOME Program funds for FY2015-2016. In addition, the City will reprogram to FY2016 $12,257 in program income and $62,874 of CDBG funds from completed projects. The City will also reprogram to FY2016 $61,625 in HOME program income received, $89,495 remaining from previously completed projects, and $199,442 in uncommitted funds. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Conduct the Public Hearing and approve recommendations for the CDBG and HOME funding allocations from the sources identified in the Financial Statement above. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Attachment No. 1: Explanation Attachment No. 2: FY2015-2016 Action Plan Funding Recommendations Attachment No. 3: FY2015-2016 Action Plan Applicant Eligibility Analysis Attachment No. 4: PY2015-2019 Consolidated Plan and FY2015-2016 Action Plan Attachment No. 1 Explanation Explanation In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit a Five -Year Consolidated Plan and Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The Plan is a planning document that provides an assessment of National City's community development needs, proposes strategies to address those needs, and identifies specific activities to implement those strategies. This Consolidated Plan covers the period beginning July 1, 2015 through June 30, 2020, spanning five program years 2015 to 2019. The Consolidated Plan also includes a one-year Annual Action Plan that outlines the intended use of resources for Fiscal Year (FY) 2015-2016. As required by HUD guidelines, the identification of needs and the adoption of strategies to address those needs must focus primarily on low- and moderate -income individuals and households. National objectives and performance outcomes established by HUD are the basis for assigning priorities to needs for which funding may be allocated. The purpose of the Consolidated Plan is to indicate how Community Planning Development funded programs such as the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Program entitlement funds will be used during the five-year planning cycle. In this document the City establishes priorities for allocating CDBG and HOME funds based on a number of criteria, including urgency of needs, cost efficiency, eligibility of activities and programs, availability of other funding sources to address specific needs, funding program limitations, capacity and authority for implementing actions, and consistency with citywide goals, policies, and efforts. The Action Plan for FY 2015-2016 outlines how the City intends to spend $783,470 in CDBG and $232,709 in HOME Program entitlement funds. In addition to the funding sources noted above, the City will reprogram $12,257 in program income and $62,874 remaining from previously completed projects for CDBG as well as reprogram $61,625 in HOME program income received, $89,495 remaining from previously completed projects, and $199,442 in uncommitted funds. A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 5, 2015 to review public comments received during a 30-day public review period from March 27, 2015 through April 25, 2015, on the draft Consolidated Plan and Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Consolidated Plan and the CDBG and HOME Program activities being proposed for FY2015-2016. Attachment No. 2 Funding Recommendations FY 2015-2016 City of National City Community Development Block Grant and HOME Investment Partnerships Program Action Plan Funding Recommendations HUD FY2014 CDBG Entitlement: $ 783,470 HUD FY2014 HOME Entitlement: $ 232,709 CDBG Previous Year Reallocation: $ 62,874 HOME Previous Year Reallocation: $ 89,495 CDBG Program Income: $ 12,257 HOME Program Income: $ 61,625 Uncommitted Funds: $ 200,000 Total CDBG Available: $ 858,601 Total HOME FUNDS Available: $ 583,829 # Applicant Name Program Name Activity Request Minimum Request Staff Recommendation FY 2015 Allocation FY 2015 GF Impact Community Development Block Grant $858,601 Public Service Funds Available (15%) $117,521 1 Community Services Department At Risk Youth After School Teen Program - "Supreme Teens" $ 27,500 $ 27,500 $ 27,500 $ 27,500 $ - 2 National City Public Library Literacy Services $ 52,000 $ 52,000 $ 44,370 $ 44,370 $ 34,487 3 Police Department (Sponsoring South Bay Community Services) NCPD Support Service: Domestic Violence Response Team $ 20,000 $ 14,000 $ 16,314 $ 14,978 $ - 4 Community Services Department Tiny Tots $ 29,337 $ 29,337 $ 29,337 $ 29,337 $ 23,826 5 Fire Department (Sponsoring Trauma Intervention Programs of San Diego County, Inc.) Trauma Intervention Program $ 11,000 $ 9,000 $ - $ - $ 8,000 Public Service Total: $ 139,837 $ 131,837 $ 117,521 $ 116,185 $ 66,313 Non -Public Services Funds Available (65%) $584,386 6 Housing, Grants, and Asset Management Housing Inspection Program $ 110,476 $ 31,701 $ 31,701 $ 48,239 $ 62,238 7 Fire Department Fire Station 34 Section 108 Loan Payment Fiscal Year 2015 - 2016 $ 552,685 $ 552,685 $ 552,685 $ 543,819 $ - Non -Public Service Total: $ 663,161 $ 584,386 $ 584,386 $ 592,058 $ 62,238 Planning & Administration Funds Available (20%) $156,694 8 Housing, Grants, and Asset Management CDBG Program Administration $ 121,694 $ 121,694 $ 121,694 $ 119,913 $ - 9 Housing, Grants, and Asset Management (Sponsoring CSA San Diego County) Fair Housing and Tenant -Landlord Education $ 35,000 $ 35,000 $ 35,000 $ 35,000 $ - Planning & Admin Total: $ 156,694 $ 156,694 $ 156,694 $ 154,913 $ - CDBG Total: $ 959,692 $ 872,917 $ 858,601 $ 863,156 $ 128,551 Attachment No. 2 Funding Recommendations FY 2015-2016 City of National City Community Development Block Grant and HOME Investment Partnerships Program Action Plan Funding Recommendations HUD FY2014 CDBG Entitlement: $ 783,470 HUD FY2014 HOME Entitlement: $ 232,709 CDBG Previous Year Reallocation: $ 62,874 HOME Previous Year Reallocation: $ 89,495 CDBG Program Income: $ 12,257 HOME Program Income: $ 61,625 Uncommitted Funds: $ 200,000 Total CDBG Available: $ 858,601 Total HOME FUNDS Available: $ 583,829 # Applicant Name Program Name Activity Request Minimum Request Staff Recommendation FY 2015 Allocation FY 2015 GF Impact HOME Investment Partnerships Program $583,271 Project Funds Available (90%) $560,000 10 Housing, Grants, and Asset Management (Sponsoring Community Housing Works & Lending) Homebuyer's Down payment Assistance Program $ 200,000 $ 200,000 $ 200,000 $ - $ - 11 Housing, Grants, and Asset Management National City Owner -Occupied Rehabilitation Program $ 160,000 $ 160,000 $ 160,000 $ 372,953 $ - 12 Housing, Grants, and Asset Management (Sponsoring South Bay Community Services) National City Tenant Based Rental Assistance Program $ 200,000 $ 200,000 $ 200,000 $ 162,633 $ - Total: $ 560,000 $ 560,000 $ 560,000 $ 535,586 $ - Planning & Administration Funds Available (10%) $23,271 13 Housing, Grants, and Asset Management HOME Program Administration $ 23,271 $ 23,271 $ 23,271 $ 59,509 $ - HOME Total: $ 583,271 $ 583,271 $ 583,271 $ 595,095 $ - Attachment No. 3 Eligibility Analysis FY 2015-2016 National City Community Development Block Grant and HOME Investment Partnerships Program Action Plan Applicant Eligibility Analysis Tab Applicant Name Program Name Project Description Eligibility Federal Regulation HUD Matrix Code Strategic Plan Objective National Objective Consolidated Plan Priority Number of Served Community Development Block Grant 1 CDBG Public Services 1 City of National City, Community Services Department At Risk Youth After School Teen Program - "Supreme Teens" The program provides a variety of positive youth development programs and recreational activities that stimulate and generate interest in healthy leisure pursuits. A safe, well supervised, interactive environment free of gang activity with positive adult role models is provided at the teen center. Funds will be used to activities and salaries. This program is eligible as a public service. 24 CFR 570.201(e) 05D Youth Services Objective 3 51% Low Mod- Limited Clientele High 75 people 2 City of National City, Public Library Literacy Services The Program provides assistance to adults who want to improve their basic English language reading and writing, math and computer skills. Funds will be used for one salaried position. This program is eligible as a public service. 24 CFR 570.201(e) 05 Public Services Objective 3 51 % Low Mod- Limited Clientele High 100 people 3 City of National City Police Department Sponsoring South Bay Community Services National City Police Department Support Services: Domestic Violence Response Team The program provides 24/7 response to 911 police calls for domestic violence. Bilingual on -call Advocates, many stationed at the National City Police Department, will provide crisis intervention, safety planning, assessments on shelter and counseling and coordinate the services of other community agencies as needed. Funds will be used to fund one position. This program is eligible as a public service. 24 CFR 570.201(e) 05G Battered Abused Spouses Objective 1(d) 51% Low Mod- Limited Clientele Medium 100 people 4 City of National City, Community Services Department Tiny Tots The program provides an opportunity for toddlers prepare for elementary school by enhancing their overall social, physical and intellectual development in a classroom setting. Funds will be used for personnel and operating costs. This program is eligible as a public service. 24 CFR 570.201(e) 05D Youth Services Objective 3 51% Low Mod- Limited Clientele High 30 people 5 City of National City Fire Department Sponsoring Trauma Intervention Programs of San Diego County, Inc. Trauma Intervention Program The program partners with the National City Police and Fire Departments so that individuals in crisis can receive emotional and practical support on the scene of the tragedy. This allows first responders to focus on their primary duties. Funds will be used to defray personnel costs of the Crisis Team Manager and operating costs. This program is eligible as a public service. 24 CFR 570.201(e) 05 Public Services Objective 1(d) 51% Low Mod- Limited Clientele High 100 households CDBG Non -Public Services 6 City of National City, Housing, Grants, and Asset Management Housing Inspection Program The program will address housing quality issues related to violations of the Housing and Safety Code. These issues threaten occupant life safety, structural integrity, sustainability of the housing stock and economic viability of surrounding parcels and neighborhoods. Funds will be used for personnel and operating costs. This program is eligible as it provides code enforcement. 24 CFR 570.202 (c) 15 Code Enforcement Objective 4(a) 51% Low Mod- Area Benefit High 125 households 7 City of National City, Fire Department Fire Station 34 Section 108 Loan Payment Fiscal Year 2015- 2016 Repayment of Fire Station Loan This program is eligible as it for the planned repayment of the 108 loan. 24 CFR 570.700 19F Planned Repayments of Section 108 Loans Objective 2(a) N/A High NIA CDBG Planning/Administration 8 City of National City, Housing, Grants, and Asset Management CDBG Program Administration Funds will be used to cover costs of salaries, services, supplies, and general overhead for the implementation of the Community Development Block Grant by the City of National City Housing, Grants, and Asset Management Department. This activity is eligible as it provides for general management, oversight and coordination. 24 CFR 570.206 21A General Program Administration Objective 2 N/A High N/A 9 City of National City Sponsoring CSA San Diego County Fair Housing and Tenant -Landlord Education Program affirmatively furthers fair housing and responds to the findings of the Analysis of Impediments and provides for fair housing services. *Note: Awarded contract as part of separate RFP This program is eligible as it provides for fair housing activities. 25 CFR 570.206(c) 21D Fair Housing Activities Objective 4 51% Low Mod- Area Benefit High City-wide program Page 1 of 2 Attachment No. 3 Eligibility Analysis FY 2015-2016 National City Community Development Block Grant and HOME Investment Partnerships Program Action Plan Applicant Eligibility Analysis Tab Applicant Name Program Name Project Description Eligibility Federal Regulation HUD Matrix Code Strategic Plan Objective National Objective Consolidated Plan Priority Number of Served HOME Investment Partnerships Program 10 City of National City, Housing, Grants, and Asset Management National City Owner -Occupied Rehabilitation Program The program revitalizes aging single-family properties in National City and assists low income homeowners with financing to rehabilitate their property. Households must have an annual gross income that does not exceed 80% of the area median income for San Diego County. Funds will be used on delivery costs. Funds will be used for the loan and to pay for project delivery costs. This program is eligible as it provides rehabilitation assistance for residential purposes. 24 CFR 92.206 (a)2 N/A Objective 4 (a) N/A N/A 3 households 11 City of National City, Housing, Grants, and Asset Management Sponsoring Community Housing Works & Lending Homebuyer's Down payment Assistance Program The program would assist families purchase a home in National City by providing up to $40,000 in assistance and provide low income families with housing counseling and education as they apply for financing. Community Housing Works is committed to sustainable homeownership and provides post -purchase counseling to homeowners in need. The full -cycle lending program ensures long term success in homeownership and creates and overall positive impact in the neighborhoods. The program assists families under 80% of area median income. The program is very low risk as HOME funds are provided at closing of the homebuyer's purchase. This program is eligible as it provides loans for home ownership to low income families. 24 CFR 92.301(a)3 NIA Objective 4 (a) N/A N/A 4 households 12 City of National City, Housing, Grants, and Asset Management Sponsoring South Bay Community Services National City Tenant Based Rental Assistance Program (TBRA) The program will target homeless families and families experiencing domestic violence with a combination of rental assistance, intensive case management and supportive services to assist them to attain safe, stable housing and economic self-sufficiency. Funds will be used for salaries, administration, and rental assistance/subsidies. This project is eligible as it provides tenant based rental assistance. 24 CFR 92.209(a)2 N/A Objective 4 (a) N/A N/A 13 households 13 City of National City, Housing, Grants, and Asset Management HOME Program Administration Funds will be used to cover costs of salaries, services, supplies, and general overhead for the implementation of the HOME Investment Partnership Program by the City of National City Housing, Grants, and Asset Management Department. This activity is eligible as it provides for general management, oversight and coordination. 24 CFR 92.207 N/A Objective 2 N/A N/A N/A Page 2 of 2 Attachment Na. 4 DRAT Consolidated Plan PY2015-2019 & FY15-16 Action Plan (Con Nan: iuiy 1, 2015 tnrough June 30, 2020) ment of Housing & Urban Development munity Development Block Grant and OME Investment Partnership MS arch 2015 1 Lea 140 n X CO. Roos M jg, 1a:raott+ & A`sset i1rm Rid 1rent. Natltnat City, CA g1951M Executive Summary 1. Introduction This document constitutes the City of National City's Five -Year Consolidated Plan for the use of Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) funds. The Consolidated Plan has the following major components: • An assessment of housing and community development needs based on demographic and housing market information. • Implementing strategies to address housing and community development needs. • The Annual Action Plan outlines the City's Intended use\of CDBG and HOME funds for the upcoming fiscal year. This Consolidated Plan was prepared using the eConPlanning Suite system developed by the U.S. Department of Housing and Urban Development (HUD). The system prescribes the structure and contents of this document, following HUD's Consolidated Planning regulations. 2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview The City has extensive housing and community development needs. CDBG and HOME funds alone are not adequate to address the numerous of needs identified during the public outreach process and summarized in the Needs Assessment and Market Analysis of this Consolidated Plan. Recognizing the national objectives of the CDBG and HOME programs and specific program regulations, the City intends to use CDBG and HOME funds to coordinate programs, services, and projects to create a decent and suitable living environment to benefit low and moderate income households and those with special needs. Use of CDBG and HOME funds will focus on some of most critical needs in National City, based on the following goals and priority needs: Goal: Provide Decent and Affordable Housing • Priority: Conserve and Improve Existing Affordable Housing Assistance to aid in the rehabilitation of single-family and multi -family housing units. Acquisition, with or without rehabilitation of multi -family projects. - Conservation of affordable housing at risk of converting to market -rate housing. • Priority: Provide Homeownership Assistance Assistance to low and moderate income households to achieve homeownership. - Assistance to developers for the acquisition and re -sale of housing units to low and moderate income homebuyers. • Priority: Assist in the Development of Affordable Housing 2 Assistance to developers in the development of affordable housing, including acquisition, land assemblage, construction, conversion, purchase of affordability covenants, or other mechanisms. Goal: Promote Equal Housing Opportunity • Priority: Promote Equal Housing Opportunity - Promote fair housing services provided by the City's fair housing services provider. Comply with fair housing planning requirements (as identified in the Analysis of Impediments to Fair Housing Choice). Goal: Support Initiatives that Reduce Homelessness Priority: Support Initiatives that Reduce Homelessness Tenant based rental assistance that targets fafnilies at risk of homelessness. Participate in the San Diego County Regional Task Force on the Homeless (RTFH) to assess needs and coordinate efforts to address needs. Goal: Provide Community Facilities and Infrastructure Priority: Provide for Community Facilities and Infrastructure Provide for new and improve existing community facilities and infrastructure. These may include, but are not limited to: parks and recreation facilities, fire equipment; facilities prioritized on the City's ADA Transition Plan; community facilities; and public streets, sidewalks, curbs, rights -of -way. - Periodically assess the need for and (when determined to be warranted) pursue Section 108 loans for large-scale public improvement and revitalization projects. Goal: Provide Community and Supportive Services c Priority: Provide Community and Supportive Services - Provide for a variety of community and supportive services, with special emphasis on crime awareness and prevention programs such as code enforcement, services for the homeless, seniors, at -risk youth, the -disabled, and other persons with special / needs. 3. Evaluation of past performance. , During the previous Consolidated Plan period, the City utilized its CDBG and HOME funds for a variety of different housing and community development activities, including: Continuum of Care for the HOMeless: The City of National City continues to support the regional continuum of care. The City also utilized Homeless Prevention an; Rapid Re -housing Program (HPRP) funds to provide rent and utility assistance, and emergency hotel/motel vouchers for the homeless and those at risk of becoming homeless. More than 392 homeless persons were assisted. The HPRP program has expired. Public Facility improvements: The City of National City also made ADA improvements to sidewalks and intersections to improve accessibility to persons with disabilities. During the previous Consolidated Plan period, renovations and improvements were also completed at key facilities throughout the community, including insert improvements accomplished. 3 Public Services: in addition, the City of National City utilized CDBG funds to provide financial assistance to local agencies that provided much needed services to low and moderate income persons, including at risk youth services, community policing, fair housing services, and homeless services and assistance. 4. Summary of citizen participation process and consultation process Citizen participation is one of the most important components of the Consolidated Plan process. To solicit public input during the development of the Consolidated Plan, the City conducted outreach to stakeholders and held three community/Workshops, and administered a Housing and Community Development Needs Survey. / Stakeholder Outreach: The City of National City conducted outreach to stakeholders in the community to solicit input on needs. Insert info (how.and when) Community Meetings: The City of National City held three community meetings to solicit input on needs. The public meetings were held during the month of January at three different locations as follows: • Community Meeting #1: January 7, 2015, City Hall "Large Conference Room 2nd Floor, 1243 National City Boulevard, 6:30 PM ' • Community Meeting #2: January 8, 2015, Paradise Village Board Room, 2700 E. 4th Avenue, 6:30 PM • Community Meeting #3, January 21, 2015, Granger Jr. High School, 2020 VanNess Ave, 6:30PM Outreach for the Community Meetings included • Posted notices on City's website (front page and on calendar) • Posted notices in the kiosks outside of Council Chambers and in the MLK Jr. Community Center • Posted notices in the National City public library • Posted notices at the MLK Jr. Community Center • Hard copies available at City Hall, Library, and Community Center • Distributed\by the Public Information Officer's weekly Email listsery (includes all eNews Sign Up Subscribers [a distribution of over insert # of recipients]) Housing and Community pevelopment Needs Survey: A survey was developed to assess the housing and community development needs of National City residents and was made available in hard copy format and on the City website. A total of insert # of responses were received. Outreach for the survey included the following: • Posted Survey on City's website (front page) • Provided Surveys outside of the City Clerk's Office • Provided surveys at the National City Public Library community room • Provided surveys at the MLK Jr. Community Center 4 • Provided surveys National City Housing Commission and Housing, Grants, and Asset Management Department lobby • Provided surveys at the City Hall Front Desk • Provided surveys at all three community rneetings: Community Meeting#1 January 7, 2015, City Hall Large Conference Room 2nd Floor; Community Meet^ng #2: January 8, 2015, Paradise Village Board Room; Community Meeting #3, January 21, 2015, Granger Jr. High School Applications for Funding: A "Notice of Funding Availability" was emailed to City departments on November 20, 2014. Continuum of Care for the Homeless: The City of National City continues to support the regional continuum of care. The City also utilized Homeless Prevention and Rapid Re`housing Program (HPRP) funds to provide rent and utility assistance, and emergency hotel/motef\vouchers for the homeless and those at risk of becoming homeless. More than 392 homeless persons were assisted. The HPRP program has expired. Public Hearings: A public hearing before the City Council was held on March 17, 2015 to review applications for funding for the FY 2015-16 Action Plan and to accept public input on the Draft Consolidated Plan. A second public hearing will be held on May 5, 2015 before the City Council to review and adopt the Final Consolidated Plan and Action Plan. A public notice for the first hearing was published at twice beginning 14 days prior tb the Public Hearings in the Union Tribune. A second public noticed will be published before the second hearing on May 5, 2015. Public Review of Draft Documents: A draft Consolidated Plan and a full listing of the activities approved as a part of the One -Year Action Plan wefe made available on the City's website and hard copies were available for the public at the City Clerk's Office and Housing, Grants, and Asset Management Department. The public review period will be March 27, 2015 to April 25, 2015. The final Consolidated Plan, amendments to the Plan, and annual performance reports will be available for five years at City Hall, City Clerk's Office and the Housing, Grants, and Asset Management Department. 5. Summary of comments or views not accepted and the reasons for not accepting them All comments were received arid accepted. 6. Summary The City of National City has undertaken diligent and good faith efforts in outreaching to all segments of the community that may benefit from the CDBG and HOME programs. 5 The Process PR-05 Lead & Responsible Agencies 24 CFR 91.200(b) 1. Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparingthe Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administration City of National City Housing, Grants, and Asset Management Department HOME Administration City of National City Housing, Grants, and Asset Management Department Table 1— Responsible Agencies Narrative The City's CDBG and HOME programs areadministered by the City of National City's Housing, Grants, and Asset Management Department. Consolidated Plan Public Contact lnfor-rnatiion For matters concerning the City of National City's CDBG and HOME programs, please contact: Angelita Marchante, Community Development Specialist, City of National City, Housing, Grants, and Asset Management Department, MIA Jr. Community Center, 140 E. 12th Street, Cajon, National City, CA-91950, (619) 336-4219. Consolidated Plan OMB Control No: 2506-0117 (exp, 07/31/2015) NATIONAL CITY 1 6 PR-10 Consultation - 91.100, 91.200(b), 91.215(I) 1. Introduction As part of this Consolidated Plan development, the City undertook an extensive outreach program to consult and coordinate nonprofit agencies, affordable housing providers, and government agencies. The outreach program has been summarized in the Executive Summary and Citizen Participation sections of this Consolidated Plan. Comments received results of the survey are summarized in Appendix A to this Consolidated Plan. Provide a concise summary of the jurisdiction's activities t ,enhance coordination between public and assisted housing providers and private and goiernmental health, mental health and service agencies (91.21.5(1)). To outreach to various agencies and organizations, the City compiled an outreach list included the following agencies: ▪ Nonprofit service providers that cater to the needs of low and moderate income households and persons with special needs, including persons with disabilities; • Housing professionals; gi Public agencies; • Economic development and employment organizations; and • Community and neighborhood groups. The complete outreach list is included in Appendix A. 'These agencies were contacted to obtain data in preparation of this Consolidated Plan. For example, the State Developmental Services Department and State Social Services Department were contacted to obtain data and housing resources for persons with disabilities. The Housing Authority of the City of National City was also contacted to obtain information on public housing and Housing Choice Vouchers available to City residents. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and famiiies, families with children, veterans, and unaccompanied youth} and persons at risk of homelessness The outreach list (add CCC) includes homeless service agencies in the San Diego County Regional Continuum of Care. Council (RCCC). The Continuum of Care Strategy was consulted to provide information on homelessness and resources available. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS Noi applicable. The City's HUD allocation for entitlement grants currently does not include ESG funds. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities Consolidated Plan NATIONAL CITY 2 OMB Control No: 2506-0117 (exp. 07/31/2015) 7 National City Collaborative ECS Headstart La Maestra Clinic COPOA South Bay Community Services YMCA Olivewood Gardens Boys and Girls Club Meals on Wheels Habitat for Humanity Identify any Agency Types not consulted and provide rationale for not consulting The City strived to conduct a comprehensive outreach program. The City solicited participation from a wide range of agencies and organizations involved in providing housing and community development services. No specific types of relevant agencies were excluded from the process. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Continuum of Care Housing Element Lead Organization San Diego County Regional Task Force on the Homeless City of National City How do the goals of your Strategic Plan overlap with the goals of each plan? Through'the outreach process, the City has identified homelessness and homelessness prevention services as a priority for the CDBG program. These services will complement the Continuum of Care Strategy. The Housing Element focuses on the provision of a variety of housing options for all income groups, with special attention for lower and moderate income households. The Consolidated Plan housing goals and objectives are consistent with the Housing Element. Table 2 — Other local / regional / federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(1)) City of National City departments that may have an interest in the CDBG program were invited to participate in the Consolidated Plan process through the Notice of Funding Availability (NOFA) process. Notices of the Community Meetings were also sent to City departments. Consolidated Plan NATIONAL CITY 3 OMB Control No: 2506-0117 (exp. 07/31/2015) 8 PR-15 Citizen Participation 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting As described earlier, the City of National City used citizen participation to help develop the Consolidated Plan. The process involved the following components: • Stakeholder Outreach; • Community Outreach Meetings (3); • Housing and Community Development Needs Survey; • Funding Application Process; • Public Hearings (March 17 and May 5, 2015); and • Public Review of Draft Documents (March 27 to April 25, 2015) Results of these outreach activities were caiefully considered by the City to affirm ors adjust priorities and objectives in the five-year Consolidated Plan. Consolidated Plan OMB Control No: 2506-0117 (exp. 07/31/2015) NATIONAL CITY 4 Citizen Participation Outreach Sort Order 1 2 Mode of Outreach Stakeholder Outreach Community Outreach Meetings (3) Target of Outreach Minorities Persons with disabilities Non-targeted/broad community Residents of Public and Assisted Housing Minorities Non-targeted/broad community Summary of response/attendance A total of 10 agencies responded. Three Community Meetings were conducted with a total of (insert #) residents in attendance. Spanish translation services were available at all three meetings.. Summary of comments received Summary of comments not accepted and reasons All comments were accepted. All comments were accepted. 4 Housing and Community Development Needs Survey Minorities Non-targeted/broad community Non English Speaking (Spanish) Consolidated Plan A total of (insert #) residents responded to the survey. NATIONAL CITY A summary of the survey results is included in Appendix A. All comments were accepted 5 OMB Control No: 250 -0117 (exp. 07/31/2015) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons 5 Public Hearings (2) Non-targeted/broad community The City conducted hearings before the City Council to discuss housing and community development needs, priorities for funding, and the five-year Consolidated Plan Consolidated Plan OW Control No: 2506-013.7 (exp. 07/31/2015) Table 3 — Citizen Participation Outreach NATIONAL CITY 6 Needs Assessment NA-05 Overview Needs Assessment Overview During the development of the Consolidated Plan, the public (including residents, City staff, nonprofit agencies, etc.) was asked to rank the relative importance of housing,and community development needs in a survey. A total of 72 residents responded to the survey anidentified the following topics as top ten ranking needs in National City: • Senior Centers • Sidewalk Improvements ▪ Domestic Violence Services • Homeless Shelters/Services • Neglected/Abused Children Center and Services • Employment Training • Anti -Crime Programs • Health Services These rankings are generally in line with comments received during the Community Workshops and Stakeholder Outreach. The County 2-1-1 data on calls for services also provide an important data source for assessing unmet needs in the community Clients that call 2-1-1 are. provided with information and referrals to services. At times, there are no services available to meet the needs of the clients; these are documented as "Unmet Needs." Needs can be considered unmet for multiple reasons, such as the service is unavailable, the client is not eligible, the client refused the referral,, or a program or service has lost funding. For the City of National City, the top unmet needs during the period of (insert months and year), as reported by 2-1-1, Were: Consolidated Plan NATIONAL CITY 1 OMB Control No: 2506-0117 (exp. 07/31/2015) 12 NA-10 Housing Needs Assessment - 24 CFR 91.205 (a,b,c) Summary of Housing Needs Ps defined by HUD in the Comprehensive Housing Affordability Strategy (CHAS) data, housing problems include: • Units with physical defects (lacking complete kitchen or bathroom); • Overcrowded conditions (housing units with more than one person per room); • Housing cost burden, including utilities, exceeding 30 percefrtof gross income; and • Severe housing cost burden, including utilities, exceediri 50 percent of gross income. Overall, the City has extensive needs for affordable housing. Housing problems in National City impacted renter -households more significantly, with In addition to the housing needs discussed, the City of National City also has a number of infrastructure needs. Many of the City's public facilities, streets and sidewalks are in need of improvements, renovations and accessibility related modifications. These projects are necessary in order to ensure that critical services and facilities within the City remain safe and accessible to all residents of the community. To further dissect the housing problems, the following tables provide additional details: • Table 7 later presents the number of households with one or more housing problems (inadequate housing, overcrowding, cost burden of 50 percent, or cost burden of 30 percent) by income and tenure. Table 8 summarizes the number of households with more than one or more severe housing problems by income and tenure. Severe housing problems are: inadequate housing; severe overcrowding (1.51 persons or more per room), and housing cost burden of 50 percent. • Table 9 isolates those households with housing cost burden of over 30 percent (inclusive of those with cost burden of over 50 percent) by income and tenure. • Table 10 further isolates those households with cost burden of over 50 percent. • Table 11 presents overcrowding by household type. • Table 12 is intended to show overcrowding for households with children. However, given the City's population size, the American Community Survey provides no data for the City, Demographics Base Year: 2000 Most Recent Year: 2011 % Change Population 54,260 58,015 7% Households 15,144 16,060 6% Median Income $29,826.00 $36,907.00 24% Table 1- Housing Needs Assessment Demographics Data Source: 2000 Census (Base Year), 2007-2011 ACS (Most Recent Year) Consolidated Plan NATIONAL CITY 2 OMB Control No: 2506-0117 (exp. 07/31/2015) 13 Number of Households Table 0-30% HAMFI >30-50% HAMFI >50-80% HAMFI >80-100% HAMFI >100% HAMFI Total Households * 4,660 3,175 3,630 1,515 3,085 Small Family Households * 1,745 1,380 1,785 700 1,715 Large Family Households * 680 665 660 420 590 Household contains at least one person 62-74 years of age 810 650 750 295 810 Household contains at least one person age 75 or older 905 - 265 \•. 410 225 240 Households with one or more children 6 years old or younger * 1,000 995 735 190 435 * the highest income category for these family types is >80% HAMFI Data Source: 2007-2011 CHAS Consolidated Plan Table 2 - Total Households Table NATIONAL CITY 3 OMB Control No: 2506-0117 (exp. 07/31/2015) 14 Housing Needs Summary Tables 1. Housing Problems (Households with one of the listed needs) Renter Owner 0-30% AMi >30-50% AMI >50-80% AMI >80-100% AMI Total . 0-30% '•.AMI >30-50% AMI >50-80% AMI >80-100% AMI Total NUMBER OF HOUSEHOLDS —' Substandard Housing - Lacking complete plumbing or kitchen facilities 40 30 10 10 90 0 0 0 0 0 Severely Overcrowded - With >1.51 people per room (and complete kitchen and plumbing) 345 195 85 4 629 15 50 30 55 160 Overcrowded - With 1.01-1.5 people per room (and none of the above problems) 370 23.5 280 130 . 1,015 40 15 110 45 210 Housing cost burden greater than 50% of income (and none of the above problems) ' ., 1,825 370 100 0 2,295 295 375 450 70 1,190 Housing cost burden greater than 30% of income (and none of the above problems) 705 1,050 . • 430 120 2,305 100 110 340 210 760 Zero/negative Income (and none of the above problems) 305 0 0 0 305 40 0 0 0 40 Consolidated Plan OMB Control No; 2506-0117 (exp. 07/31/2015) NATIONAL CITY 4 Table 3 — Housing Problems Table Data Source: 2007-2011 CHAS 2. Housing Problems 2 (Households with one or more Severe Housing Problems: Lacks kitchen or complete plumbing, severe overcrowding, severe cost burden) Renter Owner 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMI TotaY , 0-30% AMI >30- 50% AMI >50- 80% AMI >80- 100% AMl Total NUMBER OF HOUSEHOLDS Having 1 or more of four housing problems Having none of four housing problems 2,580 1,105 825 1,590 470 1,735 150 520 4,025 4,950 350 280 440 320 590 835 180 665 1,560 2,100 Household has negative income, but none of the other housing problems 305 0 0 0 305 40 0 0 0 40 Table 4 — Housing Problems 2 Data Source: 2007-2011 CHAS 3. Cost Burden > 30% Renter Owner 0-30% AMI >30-50% AMI >50-80% AMI Total 0-30% AMI ' >30-50% AMI >50-80% AMI Total NUMBER OF HOUSEHOLDS Small Related 1,350 750 .. 324 2,424 65 220 485 770 Large Related 545 290 75 910 55 115 155 325 Elderly 785 270 55 1,110 185 125 159 469 Other 535 330 150 1,015 100 55 45 200 Total need by income 3,215 1,640 604 5,459 405 515 844 1,764 Data Source: 2007-2011 CHAS Consolidated Plan Table 5 — Cost Burden > 30% NATIONAL CITY 5 OMB Control No: 2506-0117 (exp. 07/31/2015) 4. Cost Burden > 50% 0-30% AMI Renter >30••50% AMI >50-80% AMI Total 0'30% AMI >30-50% AMI Owner >50-130% AMI Total NUMBER OF HOUSEHOLDS Small Related 1,040 105 4 1,149 65 180 280 525 Large Related 400 90 20 510 • 40 85 Elderly Other 480 30 0 510 95 85 60 95 420 155 75 650 100 55 30 185 275 185 Total need by income 2,340 380 99 2,819 300 405 465 1,170 Table 6 — Cost Burden > 50% Data Source: 2007-2011 CHAS 5. Crowding (More than one person per room) Renter Owner 0-30% . AMI >30-50% AMI >50-80% AMI >80- 100% AMI Total 0-30% AMI >30-50% AM] >50-80% AMI >80- 100% AMI Total NUMBER OF HOUSEHOLDS ., Single family households 700 380 220 94 1,394 55 19 55 40 179 Multiple, unrelated family. .. households 60 60 140 45 305 0 45 64 70 179 Other, non -family households 0 20 0 0 20 0 0 10 0 10 Total need by income 760 460 360 139 1,719 55 64 139 110 368 able 7 — Crowding Information —1/2 Data Source: 2007-2011 CHAS Consolidated Plan NATIONAL CITY OMB Control No: 2506-0117 (exp. 07/31/2015) 6 Renter Owner 0-30% AMI >30-50% AMI >50-80% AMI Total 0-30% AMI >30-50% AM1 >50-80% AMI Total Households with Children Present Table 8 — Crowding Information — 2/2 Describe the number and type of single person households in need of housing assistance. The decrease in single -person households may indicate unaffordable housing costs. Among the City's single -person households, approximately one-third were seniors living alone. These seniors.Iiving alone also typically require assistance with repairs and maintenance. Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence, dating violence, sexual assault and stalking. According to the 2008-2010 American Community Survey (ACS); approximately, (insert #) persons with disabilities. The ACS also tallied the number of disabilities by type for residents with one or more disabilities. Several agencies participated in the City's Consolidated Plan Stakeholder consultation expressed the need for affordable an'a safe housing options, along with supportive services, for victims of domestic violence. What are the most common housing problems? Are any populations/household types..more affected than others b ,these problems? Consolidated Plan NATIONAL CITY 7 OMB Control No: 2506-0117 (exp. 07/31/2015) Describe the characteristics and needs of Low-income individuals and families with children (especially extremely low- income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered 91.205(c)/91.305(c)). Also discuss the needs of formerly homeless families and individuals who are receiving rapid re- housing assistance and are nearing the termination of that assistance Household incomes in National City tend to be lower than those in the San Diego region as a whole. Specifically, the 2006-2010 ACS estimated that the median household income in National City was $xx, compared to $xx in the County. About xx percent of National City's households had incomes lower than $xx, while roc percent of households earned ess than $25,000. Extremely law income households cannot afford market -rate rental or ownership housing In National City without assuming a cost burden. Single -parent households, particularly female -headed families with children, often require 'special consideration and assistance because of their greater need for affordable housing and accessible day care, health care, and other supportive services. Female - headed families with children are a particularly vulnerable group because they must balance the needs of their children with work responsibilities, often while earning limited incomes. As of 2009, an estimated xc percent of National City households were headed by single parents (Table 15); the large majority of which were headed by females (75 percent). The 2005-2009 ACS reports that xx percent of female -headed families with children had incomes beloWthe poverty level. If a jurisdiction provides estimates of, the -at -risk population(s), It -should also include a description of the operational definition of the at --risk group artd the methodology used to generate the,estimates: Households at risk of becoming homeless include those extremely low income households with a severe housing cost burden (spending 50 percent or more of their income on housing). According to CHAS data, xx extremely low income renter -households and xx extremely low income owner -households in 'National City had a severe cost burden. Specify particular Thou:;ing•tharacterLstics that have been linked with instability and an increased risk of homelessness Extremely low income households with a severe housing cost burden are more likely to lose their homes in the event of loss of employment or other unexpected expenses. With the recent economic recession and its slow recovery, unemployment and underemployment have been the primary reasons for families losing their homes. Discussion See discussions above. Consolidated Plan OMB Control No: 2506-01:17 (exp. 07/31!2015) NATIONAL CITY 8 NA-15 Disproportionately Greater Need: Housing Problems — 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as 3 whole. Introduction A disproportionate housing need refers to any group that has ;i housing need which is at (east 10 percentage points higher than the total population. The following tables identify the extent of housing problems by income and race. The four housing problems are: 1) Lacks complete kitchen facilities; 2) Lacks complete plumbing facilities; 3) More than one person per room; and 4) Cost Burden greater than 30 percent. 0%-30% of Area Median Income Housing Problems Has one or more of four housing problems \ Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,955 .' 525 230 White • - 260 65 60 Black / African American 110 10 0 Asian 375 130 65 American Indian, Alaska Native 0 0 0 Pacific Islander 0 0 0 Hispanic � 2,175 315 105 Data Source: 2007-2011 CHAS 30%-50% of Area Median Income Housing Problems Table 9 - Disproportionally Greater Need 0 - 30% AMI Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole White 2,300 65 490 75 0 0 Consolidated Plan NATIONAL CITY 9 OMB Control No: 2506-0117 (exp. 07/31/2015} Housing (Problems Black / African American Asian American Indian, Alaska Native Pacific Islander Has one or more of four housing problems 80 415 0 0 Has none of the four housing problems Household has no/negative income, but none of the other housing problems 20 65 0 0 0 0 0 0 Hispanic 1,695 325 0 Table 10 - Disproportionally Greater Need 30 - 50% AMI Data Source: 2007-2011 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% 50%-80% of Area MediEn income Housing Problems Has one or more of four housing, problems - Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,145 1,475 0 White ` 220 240 0 Black /African American 95 15 0 Asian 340 245 0 American Indian, Alaska Native 0 0 0 Pacific Islander .. ---i- 10 0 0 Hispanic 1,465 975 0 Data Source: 2007-2011 CHAS alale 1'1- Dlsproportionally Greater Need 50 - 80% AMI *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4.Cost Burden greater than 30% Consolidated Plan OMB Control No: 2506-0117 (exp. 07/3112015) NATIONAL CITY 10 80%-100% of Area Median Income Housing Problems Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 575 845 0 White 35 160 0 Black / African American 40 70 0 Asian 105 235 0 American Indian, Alaska Native 0 15 0 Pacific Islander 0 0 0 Hispanic 400 350 0 Data Source: 2007-2011 CHAS Table 12 - DisproportlOnally Greater Need8o - *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3..More than one person per room, 4.Cost Burden greater than 30% Discussion Consolidated Plan NATIONAL CITY 11 OMB Control No: 2506-0117 (exp. 07/31/2015) NA-20 Disproportionately Greater Need: Severe Housing Problems — 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction A disproportionate housing need refers to any group that has a housing need which is at least 10 percentage points higher than the total population. The following tables identify the extent of severe housing problems by income and race. Severe housing problems include: inadequate housing (Jack of complete kitchen and plumbing facilities); severe overcrowding (1.51.persons or more per room); and housing cost burden of 50 percent. 0%-30% of Area Median Income Severe Housing Problems* Jurisdiction as a whole Has one or more of four housingproblems 2,355 • Has none of the four housing problems 1,125 Household has no/negative Income, but none of the other housing problems 230 White Black / African American Asian American Indian, Alaska Native Pacific Islander Hispanic Data Source: 2007-2011 CHAS S 200 90 290 0 0 1,735 Table 13 —Severe Housing Problems 0 - 30% AMI 125 30 215 0 0 750 60 0 65 0 0 *The four severe housing problems are: ., 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% Consolidated Plan OMB Control No: 2506-0117 (exp. 07/.31/2015) NATIONAL CITY 12 105 30%-50% of Area Median Income Severe Housing Problems* Jurisdiction as a whole White Black / African American Asian American Indian, Alaska Native Pacific Islander Hispanic Data Source: 2007-2011 CHAS Has one or more of four housing problems 1,270 25 65 165 0 0. 995 Has none of the four housing problems Table 14 — Severe Housing Problems 30 - 50% AMI 1,520 120 40 320 0 0 1,025 Household has no/negative income, but none of the other housing problems *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3.More than 1.5 persons per room, 4.Cost Burden over 50% 50%-80% of Area Median Income Severe Housing'Problems* Jurisdiction as a whole White Black / African American Asian Has one or More of four housing problems 1,170 110 10 205 Has none of the four housing problems 2,445 355 95 385 0 0 0 0 0 0 0 Household has no/negative income, but none of the other housing problems 0 0 0 0 American Indian, Alaska Native Pacific Islander Hispanic Consolidated Plan 0 0 845 Table 15 — Severe Housing Problems 50 - 80% AMI NATIONAL CITY 0 10 1,595 13 0 0 0 OMB Control No: 2506-0117 (exp. 07/31/2015) Data Source: 2007-2011 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% 80%-100% of Area Median Income Severe Housing Problems* Jurisdiction as a whole White Has one or more of four housing problems Has none of the four housing problems 240 • -14 1,180 180 Household has no/negative income, but none of the other housing problems 0 0 Black / African American 10..\ 100 Asian 55 285 American Indian,, Alaska Native Pacific Islander 0 0 15 0 0 0 0 0 Hispanic 160 580 Table 16 — Severe Housing Problems 80 - 100% AMI Data Source: 2007-2011 :HAS *The four severe housing problems are: 1. Lacks complete kitchen fatalities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4.Cost Burden over 50% Discussion Consolidated Plan OMB Control No; 2506-011.7 (erp. 07/31/2015) NATIONAL CITY 14 0 NA-25 Disproportionately Greater Need: Housing Cost Burdens — 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction: A disproportionate housing need refers to any group that has a housing need which is at least 10 percentage points higher than the total population. The following tables identify the extent of housing cost burden by race. Housing Cost Burden Housing Cost Burden <=30% 30-50% >50% No / negative income (not computed) Jurisdiction as a whole 6,570 4,110 3,565 240 White 1,110 ^ \340 300 75 Black / African American 305 150 175 0 Asian 1,525 715 490 65 American Indian, Alaska Native 15 `--0 0 0 Pacific Islander 0 25 0 0 Hispanic 3,590 2,815 2,530 105 Data Source: 2007-2011 CHAS' Discussion: Consolidated Plan Table 17—Greater Need: Housing Cost Burdens AMl NATIONAL CITY 15 OMB Control No: 2506-0117 (exp. 07/31/2015) NA-30 Disproportionately Greater Need: Discussion — 91.205(4(2) Are there any Income categories in which a racial or ethnic group has disproportionately greater need than the needs of that income category as a whole? Please see discussions provided under specific needs by income group presented earlier. If they have needs not identified above, what are those needs? Consolidated Plan OMB Control No: 2506-013.7 (exp. 07/31/2015) NATIONAL CITY 16 NA-35 Public Housing — 91.205(b) Introduction The City of National City operates its own Public Housing Authority, with respect to public housing and Housing Choice Voucher programs. The Housing Authority of the City of National City administers the Public Housing and Housing Choice Voucher Programs that serve the residents of National City. No public housing projects are located in National City. These rental units are available to low income families, senior citizens, and disabled persons. Priorities for Public Housing are: homeless, families with children, elderly families, disabled families, working families and veterans or surviving spouses of veterans. Eligible participants must be a resident of National City and have annual gross income at or below 50 percent of County's Area Median Income (AMI). The table below summarizes data provided by tbe HACNC for public housing and Housing Choice Vouchers administered by the City. Totals in Use Program Type ,: Certificate Mod- Rehab Public Housing Vouchers 'Total Preject - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * # of units vouchers in use 0 0 0 1,024 141 883 0 0 0 Table 18 - Public Housing by Program Type *includes Non -Elderly Disabled, Mainstream One-Year,'Maifstream Five-year, and Nursing Home Transition Data Source: PIC (PIN Information Center) Consolidated Plan NATIONAL CITY 17 OMB Control No: 2506-0117 (exp. 07/31/2015) Characteristics of Residents Program Type Certificate Mod- Rehab Public Housing Vouchers Total Project - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Average Annual Income 0 0 0 15,522 11,891 16,102 0 0 Average length of stay 0 0 0 8 5 9 0 0 Average Household size 0 0 0 2 1 2 0 0 # Homeless at admission 0 0 0 0 0 0 0 0 # of Elderly Program Participants (>62) 0 0 0 426 138 288 0 0 # of Disabled Families } 0 0 120 1 119 0 0 # of Families requesting accessibility features i3 0 0 1,024 141 883 0 0 # of HIV/AIDS program participants 0 0 0 0 0 0 0 0 # of DV victims - 0. 0 0 0 0 0 0 0 Data Source: PIC (PIH Inforrnaton Center) Consolidated Plar, OMB Control No: 2506-01:L7 (exp. 07/31/2015) able 19 — Characteristics of Public Housing Reside its by Program Type NATIONAL CITY 18 Race of Residents Program Type Race Certificate Mod- Rehab Public Housing Vouchers Total Project - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled * White 0 0 0 863 105 758 0 0 0 Black/African American 0 0 0 64 3 61 0 0 0 Asian 0 0 0 '88 33 55 0 0 0 American Indian/Alaska Native 0 0 0 5 0 5 0 0 0 Pacific Islander 0 0 0 4 0 4 0 0 0 Other 0 0 0 0 ''0 0 0 0 0 *includes Non -Elderly Disabled, Mainstream One -Year, Mainstream Five-year, and Nursing Home Transition Table 20—Race of Public Housing Residents by'Program Type Data Source: PIC (PIH Information Center) Ethnicity of Residents J Ethnicity Certificate Mod - Rehab Public Housing Program Tyi3e Vouchers Total Project - based Tenant - based Special Purpose Voucher Veterans Affairs Supportive Housing Family Unification Program Disabled Hispanic 0 Q, 0 802 92 710 0 0 0 Not Hispanic 0 0 0 222 49 173 0 0 0 *includes Non -Elderly Disabled Mainstream One -Year, Mainstream Five-year, and Nursing Home Transition Data Source: PIC (PIH Information Center) Consolidated Plan Table 21— Ethnicity of Public Housing Residents by Program Type NATIONAL CITY 19 OMB Control No: 2506-0117 (exp. 07/31/2015) Section 504 Needs Assessment: Describe the needs of public housing tenants and applicants on the waiting list for accessible units: The needs of public housing in City of National City are met by the HACNC. Citywide, over (insert #) households are on the waiting list for public housing. Among those households on the waiting list, about xx percent are Hispanic households, about xx percent are senior households, and about xx percent of households include at least one person with a disability. Most immediate needs of residents of Public Housing and Housing Choice voucher holders How do these needs compare to the housing needs of the p p ation at large Housingneeds in the Citygenerally reflect the housing needs countywide (refer to discussions above). Discussion See discussions above. Consolidated Plan NATIONAL CITY 20 OMB Control No: 2506-0117 (exp. 07/31/2015) 31 NA-40 Homeless Needs Assessment — 91.205(c) Introduction: Throughout the country and the San Diego region, homelessness has become an increasing problem. Factors contributing to the rise in homelessness include a lack of housing affordable to low and moderate income persons, increases in the number of persons whose income fall below the poverty level, reductions in subsidies to the poor, drug/alcohol abuse; and. the de -institutionalization of the mentally ill. According to the Regional Task Force in the Homeless (RTFH) — WeALLCount (Point -In -Tithe) 2013, an estimated xx homeless persons were located in National City at the time of the homeless count. Multiple studies, were used to profile the homeless population in the National City. These include: • Regional Task Force in the Homeless (RTFH) — SD Regional Homeless Regional.. Homeless Profile Summary, Results from the San Diego Regional 2012 Point -In -Time (PIT) Count • Regional Task Force in the Homeless (RTFH) — WeALLCount (PIT) Count 2013 • 2-1-1 San Diego Client Data — • No detailed information on the characteristics of the homeless population in National City is available. The following table summarizes the homeless population based on the 2012 Homeless Summary Report for the County. Consolidated Plan NATIONAL CITY 21 OMB Control No: 2506-0117 (exp. 07/31/2015) Homeless Needs Assessment Population P Estimate the # of persons experiencing homelessness p g on a given night Estimate the # experiencing homelessness each year .• Estimate the # becoming homeless each year Estimate the # exiting homelessness each year Estimate the # of days persons experience homelessness Sheltered Unsheltered Persons in Households with Adult(s) and Child(ren) Persons in Households with Only Children Persons in Households with Only Adults Chronically Homeless Individuals Chronically Homeless Families ,. Veterans Unaccompanied Child Persons with HIV Table 22 - Homeless Needs Assessment Data Source No specific data is available provide specific characteristics of the homeless population for National City. The estimates Comments: in .chic table is basedron general estrrnates in regional and national reports. Indicate if the homeless population is:., Has No Rural Homeless Consolidated Plan OMB Control No: 2506-0117 (exp. 07/31/ 2015} NATIONAL CITY 22 If data is not available for the categories "number of persons becoming and exiting homelessness each year," and "number of days that persons experience homelessness," describe these categories for each homeless population type (including chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth): The 2013 WeALLCount Point -in -Time (PIT) count does not include detailed demographic information on homeless persons by jurisdiction. Consolidated Plan NATIONAL CITY 23 OMB Control No: 2506-0117 (exp. 07/31/2015) Expected Resources AP-15 Expected Resources e. 91.220{c)(1,2) Introduction The City of National City is a CDI3G and HOME entitlement jurisdiction and anticipates receiving approximately $783,470 in CDBG funds and $232,709 in HOME funds for FY 2016. National City does not receive funding under the Emergency Solutions Grant (ESG) or Housing Opportunities for Persons with AIDS (HOPWA) programs. In recent years, the levels of CDBG and HOME funds for National City have been primarily trending downward. In estimating the amounts of funding available over this Consolidated Plan period, the City took a conservative'approach to assume an annual reduction of five percent. In terms of program income, the City does not anticipate a substantial stream of program income over the course of this Consolidated Plan. Program income received from the repayment of Rehabilitation and First -Time Homebuyer loans will automatically be re -programmed for loan activities in those same or similar programs from which the funds were originally provided to the extent possible. If additional program income funds are received that are not automaticallyre-programmed, specific projects will be identified during the Action Plan process. co Annual Action Plan 1 OMB control No: 2506-0117 (exp. 0)/31/2015) Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Reminder of Con Plan Narrative Description Annual Allocation: Program Income: Prior Year Resources:' : Uncomilnitted Funds:.. Total: CDBG Public - federal Admin and Planning Section 108 Loan Repayment Public Improvements Public Services $783,470 $12,257 $62,874 -. $858,601 -. $3,300,000 The estimated amount of CDBG funds available over the planning period is based on a 5% annual reduction, rounding down to a total of $4,080,000 over five years. HOME Public - federal Admin and Planning Acquisition/Rehab Homebuyer assistance Homeowner rehab Multirfamilynew construction and rehab TBRA $232,709 $61,625 $89,495 .. $200,000 $583,829 $873,000 The estimated amount of HOME funds available over the planning period is based on a 5% annual reduction, rounding up to a total of $1,100,000 over five years Table 1- Expected Resources — Priority Table Annual Action Plan 2 OMB Control No: 2506-0117 (exp. 07/31/2015) Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The extent of needs in National City far exceeds the available funding from the CDBG and HOME programs. Most activities to be pursued by the City with CDBG and HOME funds will be leveraged with a variety of funding sources, including: grants from State, Federal, and local governments; private foundations; capital development funds; general funds; private donations of funds or services; and other various funding sources. Federal match requirements apply to the City's HOME funds. The HOME program requires that for every HOME dollar spent, the City must provide a 25 percent match with non-federal dollars. According to the HOME Prograrn guidelines,, no more than 25 percent of the City's match liability for any one year can be met through loans to housing projects, but amounts in excess of that.may be banked as a match credit for future years. Section 92.222 of the HOME regulations provides that HUD may grant a match reduction telocal participating jurisdictions in fiscal distress (50 percent match reduction) and severe fiscal distress (100 percent match reduction) for which the finding is made and the subsequent fiscal year. The HUD Matcn Reduction listing for 2014 and 2015 indicates a 100% Mattreduction for National City. If appropriate, describe publically owned land or property located within the jtirilsdiction that may be used to address the need, identified in the plan The Housing Authority of the City of National City owns several vacant lots that may be considered for rental and homeownership housing opportunities for low and moderate income households. In addition. The Successor Agency of the City of National City has included several parcels in a Long Range Property Management Plan thatitplans to transfer to the City for future development of that may accommodate commercial establishments that promote economic development and housing. Discussion See discussions above. co Annual Action Plan 3 OMB Control No: 2506-0117 (exp. 07/31/20.15) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Provide Decent and Affordable Housing Start Year 2015 End Year 2019 Category Affordable Housing Geographic Area Needs Addressed Conserve and Improve Existing AffardatiYe, Housing Provide Horneownership Assistance Assist in the Development of Affordable Housing Funding HOME: $360,000 Goal Outcome Indicator Conserve and improve existing housing: 125 Units Homeowner Housing Rehabilitated: 3 Household Housing Unit Direct Financial Assistance to Homebuyers: 4 Households Assisted 1 2 Promote Equal Housing Opportunity 2015 2019 . Fair Housing Promote E ual q HousingOpportunity CDBG: $35,000 Public service activities for Low/Moderate Income Housing Benefit: 250 persons 3 Support Initiatives that Reduce Homelessness 2015 2015 Homeless Support Initiatives that Reduce Homelessness HOME: $200,000 Transitional Housing for Homeless Families and Individuals: 13 Families 4 Provide Community and Supportive Services 2015 2019 Non -Homeless Special Needs Non -Housing Com'rnunity Development Provide Community and Supportive Services CDBG: $149,222 Public service activities other than Low/Moderate Income Housing Benefit: 6654 Persons Assisted 5 Provide Community Facilities & Infrastructure 2015 ' 2019 Non=Housing Community Development Provide for Community Facilities & Infrastructure HOME: $552,058 Public Facility or Infrastructure Activities other than Low/Moderate Income Area Benefit: 51,046 Persons Assisted Table 2 — Goals Summary Note: Totals in resources exclude funding for program administration. Annual Action Plan 4 OMR control No: 2506-0117 (exp. 07/31/2015) Goal Descriptions 1 Goal Name Provide Decent and Affordable Housing Goal Description For FY 2015--16, CDBG and HOME funds will be used to conserve and improve existing housing and support affordable housing activities to be identified later based on market conditions and demand. 2 Goal Name Promote Equal Housing Opportunity . Goal Description For FY 2015-16, CDBG and HOME funds will be used to support fair housing services to be provided by CSA San Diego County. 3 Goal Name Support Initiatives that Reduce Homelessness Goal Description For FY 2015-16, the City plans to utilize HOME funds to provide rental assistance through a tenant based rental assistance program. 4 Goal Name Provide Community and Supportive Services Goal Description For FY 2015-16, the City intends to support a housing inspection program and public service programs and services that benefit primarily low and moderate income persons and households. 5 Goal Name Provide Community Facilities & Infrastructure Goal For FY 2014-15, the City will use CDBG funds to pay its sdheduled Section 108 loan payments. w ° Annual Action Plan 5 OMB Control No: 2506-0117 (exp. 07/31/2015) Projects AP-35 Projects — 91.220(d) Introduction Introduction The Fiscal Year (FY) 2015-16 One -Year Action Plan implements the first year of the FY 2015 - FY 2019 Five -Year Consolidated Plan and addresses HUD consolidated planning requirements for the Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) programs for the City of National City. This plan outlines the action steps that the City of National City will use to address housing and community development needs in the City. The plan includes a listing of activities that the City will undertake during FY 2015-16 (July 1, 2015 through June 30, 20,16) that utilize CDBG and HOME funds. Annual Action Plan 6 OMB Control No: 2506-0117 (exp. 07/31/2015) 40 Projects :"T EU15-Arita Cif/ 07 National City - _:' CommunityDevito pmentBlock Grant and HOME Mve$tment Partnerships Program ACiant Mari Funding Recommenniauons HUD FY2014 CDBG Entitle mert: $ 783470 HUD FY2014 HOME Entitlement $ 232,709 CDBG Previous Year Realioco on: $ 82,874 HOME Previous Year Reallocadox $ 89,405 CDBG Program krcome: $ 12267 HOME Program Income: $ 61,625 Uncommitted Funds: $ 200,000 Total CDBG Avaliebte; $ 858,601 Total HOME FUNDS Available: $ 683,829 Applicant Name I Program Items Achill, i esL Minimum I Staff ( FY2015 Request l Recommendation I A/location FY 2015 GF impact etomaimitytietebilinititetU PublicService Fonds' Available (18%) $117;521j 1 Community Services Department At Risk Youth After School Teen Proprgm - "Supreme Teens" $ 27,500„ $ . . 27,500 $ 27,500 $ 27,500 $ - 2 National City PniblloLibrary LiteracySeMees $ 52800 s " ,i)00,- $ 44,370 $ 44,370 5 34487 3 Police Department (Sponsoring Sault! Bay Comm' initv Services) NCPD Support Service: Domestic Violence Resoonse_Team $ , 20,000 • $ 14,000 $ 18,314 $ 14,978 $ 4 Community Serlces Department iinyTots $ 29,337 $ 29,337 $ 29,337 $ 29,337 $ 23,826 6 Fire Department (Sponsoring Trauma intonation Programs of San Diego County, Inc.) Trauma htenerafonProgram $ 11,000 $ 9.000 $ - $ - $ 8000 PubicSenfceTotal: $ 139,837 $ 131,837 $ 117,521 $ 116,185 5 88,313 - Non -Public Services Funds Available (66%)5684,388 . 6 Housing, Grarts, end Asset Management Housing Inspection Program $ 110.476 ,$, 31,701 $ 31,701 $ 48239 $ 543,619� $ 692,058 $ 82 23B $ - S 62238 7 Fire Department Fire Station 34 Section 108 Loan Payment Fiscal Year 2915 - 2E16 $ 552,6k5 a ~ $ 552,685 $ 552,685 Non-Pnirinc Sennoe Triad $ 663,161 6 584,3B6 $ 684,386 Planning & Administration Funds Available (20%) $156,694 8 Housing, Grants, and Asset Management CDBG Program Administration $ , 121,694 $ 121;694 $ 121,884 $ 119,913 $ - 9 Housing, Grants, and Asset Management' (SconsorinaCSASan Diego County) Falr Housing and Tenant -Landlord 2duotion $ . ^35.000 i $ ', 35,000 $ 35,000 $ 35,000 $ - Planning &AdminTetak $ 158,694 $'.,, 156.694 $ 156,694 $ 154,913 $ - CDBG Total $ B69,692 $ 87'2?917 $ 668,601 $ 863,156 � $ 128551 - Martial€- __ i , ���t�Tl Protect Funds Aveiable (90%) $560,000 . 10 Housing, Gnarls, end Asset Management (Sponsoriny Community Housing Works & LendingL H'omebuyer's Down payment Assistance Program $ 200.000 $ 200,000 $ 200,000 $ - 9 - 11 Housing, Grants; and Asset Management National City Owner -Occupied 'Rehabilitation Proora mi '$ 160,000 $ 160,000 $ 160,000 $ 372,953 9 - 12 Housing, Grails, anti Asset Management (Sporsoring Soup 8m/commarlty Services) National CityTto wt6used Rental Assistance Program $ 200,000 $ 200,000 $ 200,000 $ 162,633 5 - Total: $ 560,000 $ 560,000 $ 560,000 $ 535,586 IS - Plennm8 & AdminmesSim Funds Available 10%)$23,271 . 13 Housing, Grants, and Asset Management HOME Program Admldstratlon I $ 23,271 $ 23,271 $ 23,271 $ 59,509 $ HOME Total: $ 583,271 $ 583,271 $ 583,271 $ 585,095 $ - Table 3 - Project Information Annual Action Plan 7 OMB Control No: 2506-0117 (exp. 07/31/2015) 41 Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Priority needs established in the FY 2015 - FY 2019 Five -Year Consolidated Plan, which form the basis for establishing objectives and outcomes in the FY 2015-16 Action Plan are as follows: Provide homeownership assistance; Assist in the development of affordable housing; Promote equal housing opportunity; Support Initiatives that Reduce Homelessness ; Provide community facilities and infrastructure to foster a suitable living environment; Provide community and supportive services to foster a suitable living environment; and Planning and administration. The major obstacle to addressing the underserved needs is the lack of adequate funding, especially for affordable housing activities. With the dissolution of redevelopment in California and reduced State and Federal funding levels, the City's ability to address the extensive needs in the community is seriously compromised. Annual Action Plan 8 OMB Control No: 2506-0117 (exp. 07/31/2015) 42 AP-38 Project Summall+y Project Summary Information . • FY 2015-2016 National City Community Development Block Grant and HOME Investment Partnerships Program Action Plan Applicant Eligibility Analysis Tab Applicant Name Program Name Funding Project Description • Number of Served Cor"t'9moftit VDevitopment Biotic Want CDBG Public Services •, ... 1 City of National City, Community Services Department At Risk Youth After School Teen Program - "Supreme Teens" TBD , The program provides avariety of positive youth development programs and recreational activities that stimulate and generate interest in healthy leisure pursuits. A safe,- well supervised, interactive environment free of gang activity with positive adult retie models is provided at the teen center. Funds will be used to activities and salaries. 75 people 2 City of National City, Public Library Literacy Services ' TBD The Program provides assistance to adults who want to improve their basic English language reading and writing, math and computer skills. Funds will be used for one salariedposition. 100 people 3 City of National City Police Department Sponsoring South Bay Community Services National -City Police Department ' Support Servtcet• Domestic \ olence Response Team TED The program provides 24/7 response to 911 police calls for domestic violence Bilingual on -call Advocates, many stationed at the National City Police Department, will provide crisis intervention, safety planning, assessments on shelter and counseling and coordinate the services of other community agencies as needed. Funds will be used to fund one position. 100 people 4 City of National City, Community Services Department TinyTeta. TBD The program provides an opportunity for toddlers prepare for elementary school by enhancing their overall social, physical and intellectual development in a classroom setting. Funds will be used for personnel and operating costs, 30 people 5 City of National City Fire Department Sponsoring Trauma Intervention Programs of San Ciego County, Inc. Trauma Intervention Program TBD The program partners with the National City Police and Fire Departments so that individuals in crisis can receive emotional and practical support on the scene of the tragedy. This allows first responders to focus an their primary duties. Funds will be used to defray personnel costs of the Crisis Team Manager and operating costs. 100 households Annual Action Plan OMB Control No: 2506-0117 Iexp. 07/31/20151 9 FY 2015-2016 National City Community Development Block Grant and HOME Investment Partnerships Program Action Plan Applicant Eligibility Analysis Tab Applicant Name Program Name Funding Project Description Number of Served NV Community Dbv'eio}'Stttt'11t Flock GMint M. CDBG Non -Public Services 6 City of National City, Housing, Grants, and Asset Management Housing Inspection Program TBD The program will address housing quality issues related to violations of the Housing and Safety Code. These issueethreaten occupant fife safety, structural integrity, sustainability of the housing stock and economic viability of surrounding parcels and neighborhoods. FUndS\will be used for personnel and operating costs 125 households 7 City of National City, Fire Department Fire Station 34 Section 108 Loan Payment Fiscal Year 2015- 2016 TBD ` . Repayment df. Fire *Station Loan WA CDBG Planning/Administration 8 City of National City, Housing, Grants, and Asset Management CDBG Program Administration TBD Funds will be used to cover costs of salaries, services, supplies, and general overhead for the implementation of the Community Development Block Grant by the City of National City Housing, Grants, and Asset Management Department. NIA 9 City of National City Sponsoring CSA San Diego,/ County Fair Housing and Tenant -Landlord Education TBD Program affirmatively furthers fair housing and responds to the findings of the Analysis of Impediments and provides for fair housing services. *Note: Awarded contract as part of separate RFP City-wide program Annual Action Plan 10 OMB Control No: 2506-0117 (exp. 07/31/2015) . FY 2015-2016 National City - Community Development Block Grant and HOME investment Partnerships Program - Action Plan Applicant Eligibility Analysis Tab Applicant Name Program Name Funding Project Description (lumber of __. "iarved H ' 'i i ,esttnent arthersh[ps 1. rograt "�1. 10 City of National City, Housing, National City Owner -Occupied TBD The program revitalizes aging single-family properties in National City and 3 households Grants, and Asset Rehabilitation Program assists low income homeowners with financing to rehabilitate their property. Management Households must have an annual gross income that does not exceed 80% of the area median income for San Diego County. Funds will be used on delivery costs Funds will be used for the loan and to pay for project delivery costs. 11 City of National City, Housing, Hornebuyer's Down payment '` D. The program would assist families purchase a home in National City by 4 households Grants, and Asset Assistance Program , providing up to $40,000 in assistance and provide low income families with Management Sponsoring housing counseling and education as they apply for financing. Community Community Housing Woiks & Housing Works is committed to sustainable homeownership and provides Lending post -purchase counseling to homeowners in need. The full -cycle lending program ensures long term success in homeownership and creates and overall positive impact in the neighborhoods. The program assists families under 80% of area median income. The program is very low risk as HOME funds are provided at closing of the homebuyer's purchase. 12 City of National City, Housing, National City Tenant Based Rental TBD The program will target homeless families and families experiencing domestic 1.3 Grants, and Asset Assistance Program (TBRA) violence with a combination of rental assistance, intensive case management households Management Sponsoring and supportive services to assist them to attain safe, stable housing and South Bay Community economic self-sufficiency. Funds will be used for salaries, administration, ana Services s renta1assistance/subsidles. 13 City of National City, Housing. HOME Program Administration TBD Funds will be used to cover costs of salaries, services, supplies, and genera? NIA Grants, and Asset overhead for the implementation of the HOME Investment Partners hip Management Program by the City cf National City Housing, Grants, and Asset Management Department. Annual Action Plan OMB Control No: 2506-0117 (axp. 07/31/2015) 11 AP-50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City has not established specific target areas to focus the investment of CDBG funds. In terms of specific geographic distribution of investments, infrastructure improvements and public facilities will be focused primarily in areas with concentrations of low and moderate income population. Appendix B contains a map and a list of block groups illustrating the low and moderate income areas in the City (defined as a block group where at least 51 percent of the population with incomes not exceeding 80 percent of the Area Median Income). It should also be noted that the City of National City's overall low - and moderate -income percentage is 68.1 percent. Investments in public facilities and services serving special needs populations and primarily low and moderate income persons will be made throughout the City. Housing assistance will be available to income -qualified households citywide. Geographic Distribution Target Area Percentage of Funds NA NA Table 4 - Geographic Distribution Rationale for the priorities for allocating investments geographically The majority of the City of National City qualifies as a low and moderate income area. Therefore, given the extensive needs in the community, the City has not targeted any specific neighborhood for investment of CDBG and HOME funds. Instead, projects are evaluated on case by case, on the basis of emergency needs, cost-effectiveness, feasibility, and availability of other funding to address the needs or leverage federal funds. Discussion See discussions above. Annual Action Plan 12 OMB Control No: 2506-0117 (exp. 07/31/2015) 46 Affordable Housing AP-55 Affordable Housing 91.220(g) Introduction The City plans to utilize HOME funds to support its authorized housing activities, including the City's Housing Rehabilitation Programs and First -Time Homebuyer program as well as a Tenant Based Rental Assistance Program. Funds may be moved from the Housing Programs Pool of Funds to these programs on an as -needed basis based on market conditions and demand. An average, these programs are expected to be expended on the rehabilitation of three single-family homes, along with the provision of homebuyer assistance to four first-time homebuyers. One Year Goals for the Number of Households to be Supported Homeless 12 Non -Homeless 7 Special -Needs 0 Total 19 Table 5 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 12 The Production of New Units 0 Rehab of Existing Units 3 Acquisition of Existing Units 4 Total 19 Table 5 - One Year Goals for Affordable Housing by Support Type Discussion See above. Annual Action Plan 13 OMB Control No: 2506-0117 (exp. 07/31/2015) 47 AP-60 Public Housing — 91.220(h) Introduction No public housing is located in the City of National City. Actions planned during the next year to address the needs to public housing The needs of public housing are addressed by the Housing Authority of the City of National City (HACNC). Actions to encourage public housing residents to become more involved in management and participate in homeownership Not applicable to the City of National City. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not applicable to the City of National City. Discussion See discussions above. Annual Action Plan 14 OMB control No: 2506-0117 (exp. 07/31/2015) 48 AP-65 Homeless and Other Special Needs Activities — 91.2200) Introduction Homeless and homeless prevention services are identified as a priority need in the FY 2015 - FY 2019 Consolidated Plan. The City anticipates expending HOME funding on a Tenant Based Rental Assistance Program that will give a combination of rental assistance, intensive case management and supportive services to assist then; to attain stable housing and economic self-sufficiency. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs National City participates in the Regional Continuum of Care Council (RCCC), comprising of 18 cities and the County of San Diego, non-profit service providers, and stakeholders. The RCCC coordinates and oversees the application process, and develops and vets programs to address issues regarding homelessness in the region. The RCCC also oversees the collection of regional homeless data (through a contract with the Regional Task Force on the Homeless which serves as a clearinghouse for regional information on homeless data and resources), identifies gaps in services, and leads strategic planning initiatives to move people from homelessness to permanent housing. The City will continue to work with the RCCC as staffing and resources allow to support services and apply for funding to address (and end) homelessness in our region. Addressing the emergency shelter and transitional housing needs of homeless persons Insert narrative. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again As mentioned previously, National City participates in the RCCC and the County's efforts in ending chronic homelessness. The RCCC coordinates services and funding for the homeless to move people from homelessness to permanent housing. Chronically homeless persons require rehabilitation services, employment training and placement, health services, and case management to move from homelessness to transitional housing, and then to supportive/permanent housing. The Continuum of Care Strategy coordinated by the RCCC offers a full range of services and facilities. The City supports the RCCC's strategy for constructing housing facilities that help transition chronically homeless persons to a stable housing situation and to receive supportive services that would improve their employment skills. Helping iow-income individuals and families avoid becoming homeless, especially extremely low- income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The County and its 18 incorporated cities have made a long- term commitment to defeating chronic homelessness. In September of 2006, the Plan to End Chronic Homelessness in the San Diego Region Annual Action Plan 15 OMB Control No: 2506-0117 (exp. 07/31/2015) 49 (PTECH) was adopted by the City of San Diego, followed shortly thereafter with adoption by the County and the many cities in the region, including the City of National City. Implementation of the Plan began in 2007 and a number of committees were formed with the United Way as the convener. The PTECH is comprised of five main goals, including Housing First (permanent supportive housing), Housing Plus (wraparound services and support), Prevention, Enhanced Data Collection and Securing Mainstream Resources. One of the key strategies for homeless prevention is employment development. The goal is to enhance a person's ability to obtain and keep a job, and to make an adequate income to be self-sufficient. These resources are described in detailed under workforce training initiatives in Section MA-45 Non -Housing Community Development Assets of this Consolidated Plan. The City also works to expand and conserve its affordable housing inventory, especially affordable rental housing that benefits the extremely low and low income households who are most at risk of becoming homeless. In addition, the County of San Diego in collaboration with the RCCC maintains Discharge Coordination Policies for the systems of care it administers, such as discharge from the Corrections System, the Foster Care system and the Mental Health systems. The City supports the joint planning efforts of the County, the RCCC and the PTECH to advocate for development of consistent policy implementation by hospital administrators for best practices such as recuperative care, and co -location of health services near affordable housing developments. Also, for FY 2015-16, the City plans to expend HOME funds to assist with tenant based rental assistance. The program will target homeless families and provide a combination of rental assistance, intensive case management and supportive services to assist them to attain safe, stable housing and economic self- sufficiency. Discussion See discussion above. Annual Action Plan 16 OMB Control No: 2506-0117 (exp. 07/31/2015) 50 AP-75 Barriers to affordable housing — 91.220(j) Introduction: Actions it panned to remove or ameliorate the negative effects of public policies that serge as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and poiicies affecting the return on residential investment The City of National City works to remove barriers to affordable housing and the financial impact of efforts to protect public health and safety by taking actions to reduce costs or provide off -setting financial incentives to assist in the production of safe, high quality, affordable housing. Discussion: See discussion above. Annual Action Plan 17 OMB Control No: 2506-0117 (exp. 07/31/2015) 51 AP-85 Other Actions — 91.220(k) Introduction: Priority Needs established in the FY 2015 - FY 2019 Five -Year Consolidated Plan, which form the basis for establishing objectives and outcomes in the FY 2015-16 One -Year Action Plan, are as follows: • Provide homeownership assistance; • Assist in the development of affordable housing; • Promote equal housing opportunity; • Support Initiatives that reduce homelessness; • Provide community facilities and infrastructure to foster a suitable living environment; • Provide community and supportive services to foster a suitable living environment; and • Planning and administration. Actions planned to address obstacles to meeting underserved needs The major obstacle to addressing the underserved needs is the lack of adequate funding, especially for affordable housing activities. With the dissolution of redevelopment in California and reduced State and Federal funding levels, the City's ability to address the extensive needs in the community is seriously compromised. The City recently adopted its 2013-2021 Housing Element, which includes a commitment to annually pursue State, Federal and other funding opportunities to increase the supply of safe, decent, affordable housing in National City for lower income households (including extremely low income households), such as seniors, disabled, the homeless, and those at risk of homelessness. In addition, the leveraging of available funds, to the greatest extent possible, will continue. Actions planned to foster and maintain affordable housing The City of National City works to remove barriers to affordable housing and the financial impact of efforts to protect public health and safety by taking actions to reduce costs or provide off -setting financial incentives to assist in the production of safe, high quality, affordable housing. Actions planned to reduce lead -based paint hazards The City will continue to inform all residents applying for loans or grants through the Housing Rehabilitation Loan Program about the hazards of lead -based paint. Code enforcement and building inspectors will continue to identify lead -based paint hazards as part of their ongoing activities, if the scope of the complaint allows them into the unit, or if it is part of an ongoing investigation. Annual Action Plan 18 OMB Control No: 2506-0117 (exp. 07/31/2015) 52 Program Specific Requirements AP-90 Program Specific Requirements — 91.220(I)(1,2,4) Introduction: The following discusses the other program -specific requirements. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $o 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan $0 3. The amount of surplus funds from urban renewal settlements $0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. $0 5. The amount of income from float -funded activities $0 Total Program Income $0 Other CDBG Requirements 1. The amount of urgent need activities $0 HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(I)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: None. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: The City of National City will invest its HOME funds in accordance with the forms of assistance listed in §92.205(b)(1). The City will use its HOME funds to assist income eligible single-family, mobile home and/or multi -family owners with loans for rehabilitation (or replacement) of their units to conserve and improve existing affordable housing. The assistance will be in the form of deferred payment, non - interest -bearing loan(s) with provisions for recapture of the principal amount upon Annual Action Plan 19 OMB Control No: 2506-0117 (exp. 07/31/2015) 53 non -owner occupancy of the unit for a specified affordability period. The City will also use its HOME funds to assist first-time homebuyers to purchase a new or existing single-family or condominium home in the City. In the First -Time Homebuyer program, assistance provided by the City will be in the form of deferred payment, non -interest -bearing loan(s) with provisions for recapture of the principal amount and equity - sharing in lieu of interest upon non -owner occupancy of the unit for the specified affordability period. The principal amount is never forgiven and must be repaid upon non -owner occupancy. In FY 2015-16, HOME funds will be used to support the City's First -Time Homebuyer program. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: To ensure affordability, the City imposes recapture requirements on the borrower in order to recoup all or a portion of the HOME assistance provided, along with a share of any equity as outlined above, should the housing unit not continue to be the borrower's principal place of residence for the duration of the period of affordability. The following is reprinted directly from the HOMEOWNER'S REGULATORY AGREEMENT FOR HOME PROGRAM PARTICIPATION, which is recorded against the property at the close of escrow when HOME funds have been used to assist with the purchase. Pursuant to 24 CFR 92.254(a)(ii), the City of National City requires that HOME funds be recaptured if the housing does not continue to be the principal residence of the family for the duration of the Period of Affordability. If all or any part of the Property or any interest in it is sold, rented, refinanced, conveyed or transferred (of if a beneficial interest in Borrower is sold, rented, refinanced, conveyed or transferred and Borrower is not a natural person), the Equity, as hereafter defined, in the Property shall be shared between the Borrower and the City on the following basis. The maximum equity to be shared by the City shall not exceed the amount equal to the percentage of the value of the residence finances by the CalHome and HOME/ADDI Program Loan(s). That is, if the loan equals twenty percent of the Original Purchase Price of the residence, a maximum of twenty percent of the Net Appreciation may be charged by the City. In the event that no Net Appreciation exists at the time of transfer or sale, the CalHome and HOME/ADDI funds will still be due and payable. In the event that a negative Net Appreciation situation exists, and the full amount of the HOME/ADDI funds are not available to be recaptured, the amount of HOME/ADDI funds required to be repaid to the City will be as set forth in 24 CFR 92.254(a)(ii)(A)(3). The formulas are as follows: HOME/ADDI Investment X Net Proceeds = HOME/ADDI amount to be recaptured HOME/ADDI Investment + Homeowner Investment Homeowner Investment X Net Proceeds = Amount to Homeowners HOME/ADDI Investment + Homeowner Investment Provided that the Borrower is not in default under the terms of the Note, the Note interest, equity share shall be forgiven in its entirety and interest in the equity of the Property shall be relinquished by the City fifteen (15) years from the date of the execution of the Note, as provided by the loan documents." Annual Action Plan 20 OMB Control No: 2506-0117 (exp. 07/31/2015) 54 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: None. Discussion: See above. Annual Action Plan 21 OMB Control No: 2506-0117 (exp. 07/31/2015) 55 56 CC/CDC-HA Agenda 3/17/2015 — Page 492 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a Conditional Use Permit for a charter school in National City Plaza at the northwest corner of Euclid and Division Avenues. (Applicant: Diego Valley Public Charter, Inc.) (Case File 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: [March 17, 2015 AGENDA ITEM NO. ITEM TITLE: [Resolution of the City Council of the City of National City approving a Conditional Use Permit for a charter school in National City Plaza at the northwest corner of Euclid and Division Avenues *Continued from City Council Meeting of March 3, 2015* (Applicant: Diego Valley Public Charter, Inc.) (Case File 2014-21 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: pi PHONE: 336-4313 APPROVED BY: EXPLANATION: [The City Council voted to approve this item at the February 17, 2015 public hearing. The Resolution was continued from the March 3, 2015 meeting in order to respond to concerns raised the Sweetwater Union High School District related to establishing a charter school. the attached resolution is needed to take action on the item.: FINANCIAL STATEMENT: 4ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1, Section 15301 (Existing Facilities), ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: [Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL IN NATIONAL CITY PLAZA AT THE NORTHWEST CORNER OF EUCLID AND DIVISION AVENUES WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for a charter school in National City Plaza at the northwest corner of Euclid and Division Avenues, at a duly advertised public hearing held on February 17, 2015, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2014-21 CUP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on February 17, 2015, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the site is zoned Minor Mixed -Use District (MXD-1), which allows educational uses subject to a CUP. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because educational uses are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and because educational uses are a conditionally -allowed use in the Minor Mixed -Use District zone. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the proposed use will be within an existing commercial suite within a shopping center and since no expansion of the building is proposed. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the proposed use will be within an existing commercial suite within a shopping center, no expansion of the building is proposed, and sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use is provided by both Euclid Avenue and Division Street, which are arterial streets. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, Resolution No. 2014 — March 3, 2015 Page Two because the use is contained wholly within an existing building, and the use is consistent with other uses within other commercial centers in the City of National City and in San Diego County. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 7 That the proposed use is deemed essential and desirable to the public convenience and welfare, because it will provide a service in the area among members of the community seeking to gain a high school education. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a charter school within suites A, B, C, and E at 2 North Euclid Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit "A", Case File No. 2014-21 CUP, dated November 4, 2014. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. Resolution No. 2014 — March 3, 2015 Page Three Building 5. Any plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, and Mechanical. Fire 6. Any plans submitted for improvements must comply with the 2013 editions of the California Fire Code ("CFC") and National Fire Protection Association ("NFPA"), and the current edition of the California Code of Regulations. Planning 7. The applicant shall provide proof of all local, state, and/or federal permits necessary for operation of the Charter School. Proof of said permits shall be provided at time of business license issuance. Police 8. "No Loitering" signs shall be posted and maintained at highly visible areas around the entrances and exits to the school, including the parking area located to the west of the building. 9. Permittee shall comply with all regulatory provisions of the California Education Code Section 44807 related to student conduct on the way to and from school. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 17th day of March, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 3/17/2015 — Page 497 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City denying a Conditional Use Permit for alcohol sales at American Multi -Cinema (AMC) located at Westfield Plaza Bonita. (Applicant: American Multi -Cinema, Inc.) (Case File 2014-19 CUP) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;March 17, 2015 AGENDA ITEM NO. ITEM TITLE: ,Resolution of the City Council of the City of National City denying a Conditional Use Permit for alcohol sales at American Multi -Cinema (AMC) located at Westfield Plaza Bonita. (Applicant: American Multi -Cinema, Inc.) (Case File 2014-19 CUP) PREPARED BY: 1Martin Reeder, AIGP DEPARTMENT: 'pi PHONE: 336-4313 APPROVED BY: EXPLANATION: The City Council voted to deny this item at the March 3, 2015 public hearing. The attached resolution is needed to take action on the item. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: n/a} ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOAR. c.ualMISSION RECOMMENDATION: ATTACHMENTS: Resolution RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT AMERICAN MULTI -CINEMA (AMC) LOCATED AT WESTFIELD PLAZA BONITA. WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for alcohol sales at American Multi -Cinema ("AMC") located at Westfield Plaza Bonita, at a duly advertised public hearing held on March 3, 2015, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2014-19 CUP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the testimony and evidence presented to the City Council at the public hearing held on March 3, 2015, support the following findings: 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, because there is an over -concentration of on -sale alcohol licenses in census tract 32.04 in which the subject property is located. 2. That public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages because there are other locations offering the retail sales of alcoholic beverages. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 17th day of March, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 3/17/2015 — Page 500 The following page(s) contain the backup material for Agenda Item: Request from National City Chamber of Commerce for waiver of National City Fire Department fees on Mariachi Festival & Competition event at Pepper Park on March 14, 2015. This is a Port of San Diego large event permit which requires National City Fire De CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 AGENDA ITEM NO. ITEM TITLE: Request from National City Chamber of Commerce for waiver of National City Fire Department fees on Mariachi Festival & Competition event at Pepper Park on March 14, 2015. This is a Port of San Diego large event permit which requires National City Fire Department review and inspections. PREPARED BY: Vianey Rivera DEPARTMENT: Nei o o� PHONE: (619) 336-4364 APPROVED BY- 7XPLANATION: This is a request from the National City Chamber of Commerce to have National City Fire Department inspection fees waived for the Mariachi Festival and Competition on March 14, 2015. This event is being held at Pepper Park which requires a Port of San Diego large event permit. In accordance with the Unified Port of San Diego permit process, any event which could require Police or Fire services at Pepper Park must also process with the City of National City's designated departments to determine if permits are warranted and if fees apply. rvices D vision This process is to ensure that National City Police and Fire services are aware of large events planned at Pepper Park and that proper review for public safety is conducted. Currently, San Diego Port staff and National City staff are working together to improve the application notification and review process for such events. Note: Waiver of Fire Department fees were approved by City Council in 2014 (03/04/2014). FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: The City has incurred $600 for the National City Fire Department Inspection fees. $ 400 for Canopies over 601 sgft and $200 for weekend required inspections. Total fees: $600.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: No waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A MIS ATTACHMENTS: Unified Port of San Diego Permit Application for Mariachi Festival & Competition event. Letter from National City Chamber of Commerce requesting waiver of fees. TUP / National City Fire Department stipulations. Type of Event: — Public Concert — Fair _X_ Festival _ Parade _ Demonstration _ Circus Motion Picture — Grand Opening _ Other Event Title: Mariachi Festival & Competition Event Location: Pepper Park, 3299 Tidelands Ave, National City, CA 91950 Event Date(s): From 03-14-2015 to 03-14-2015 Actual Event Hours: 11:00 am/pm to _7:00_ am/en Total Anticipated Attendance: „1070 ( 70 Participants 1000+ Spectators) Setup/assembly/construction Date: 03-14-2015 Start time: 4:00am Please describe the scope of your setup/assembly work (specific details): _Christmas tree lot set up in the parking lot. Dismantle Date: 03-14-2015 Completion Time: 9:00 am/ a/m List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Community event Block Party Sponsoring Organization: National City Chamber of Commerce Chief Officer of Organization (Name) Jacqueline L. Reynoso Applicant (Name): National City Chamber of Commerce Address: 901 National City Blvd, National City, CA 91950 Daytime Phone: (619) 477-9339 Evening Phone: (619) 890-6614 Fax: (619) 477-5018 E-Mail: Reynoso@nationalcitychamber.org Contact Person "on site" day of the event: Jacqueline L. Reynosa /Cellular: 619-890-6614 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? X YES _ NO Are admission, entry, vendor or participant fees required? X_ YES _ NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. _ YES X NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers Involved in the sale: X YES _ NO Does the event involve the sale or use of alcoholic beverages? X YES _ NO Will items or services be sold at the event' If yes, please describe: YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES X NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets Impacted by the event. X_ YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies ^(50)_ Sizes 45-1 Ox10; _5- 20x20; NOTE: A separate Fire Department permit is required for tents or canopies. _ YES X NO Will the event Involve the use of the Clty or your stage or PA system? SPECIFY: in addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ❑ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): n Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the Immediate area available to the public during the event) Tables # and Chairs # Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (Include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: X_ YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? if YES, please Ilst: Security Organization: Security Organization Address: Security Director (Name): Phone: YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: We will have assigned parking spaces at Pier 32 for disabled handicap Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X YES _ NO Arc there any musical entertainment features related to your event? If YES, please state the number of stagee, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES _ NO Will sound amplification be used? If YES, please Indicate: Start time: am/pm Finish Time am/pm X YES _ NO Will sound checks be conducted prior to the event? If YES, please Indicate: Start time: amfpm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES _, NO Any signs, banners, decorations, special lighting? If YES, please describe: Banners will be placed for all major sponsors and signs for event parking Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to ,provide a minimum of $1,000,000 combined single limit insurance for bodily injury y arid property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate o, insurance must be attached to this permit. Organization National City Chamber of Commerce Person in Charge of Activity Jacqueline L. Reynoso Address 901 National City Blvd., National City, CA 91950 Telephone 619-477-9339 Date(s) of Use March 14, 2015 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permftteo or its agents, employees or contractors. Signature of Applicant Official Title Date t" Gn C Ft?, For Offfcs !ss On Certificate of Insurance Approved Date NCCHAMI OP ID: NG 4 c Rbe CERTIFICATE OF LIABILITY INSURANCE D'( "'°°""�"' 09/26/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poilcies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement{s). PRODUCER 86B-462-22f1D Wateridge insurance Services 10717 Sorrento Valley Rd. 568.4G2�-8004 San Oleg% CA 92121 R.B. Guy Insurance Agency,Inc. Mier tee; Nicole Gallagher PxoNe FAX ; 856-200-3973 to FAX : I856-2 f 3,.74 o ADDRESS] ngallaglher@waterid ge;cam INSURERS) AFFORDING COVERAGE. NAIL # INSURER A: Philadelphia indemnity Ins Co 18058 mum) National City Chamber of Commerce 901 National City Boulevard National City, CA 91950 • INSURERS; musses INSURER D ; ENSURER E : INBVRERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADM AD HIER BURR WHO POLICY NUMBER POLICY EPP (MAMIOD/YYYYI POL IMM_ LIMETS A GENERAL X LIABILITY I COMMERCIAL GENERAL LIABILITY X • PHPK1235416 09/22114 09(22118 EACH OCCURRENCE $ 2,000,000 DAMAETO RENTED PREMISES fEe oca ence) $ 2,000,000 I CLADd$-NNDE Ulf. OCCUR MEDEXP(Any a' person) ¢ 1 3,UUEI PERSONAL &ADV INJURY $ 2,000,000 • GENERAL AGGREGATE $ 4,000,000' �REaPLAn8REGA('ELiterAPPLIESPER; A I POLICY in 7fR LAC PRODUCTS-COMP/oPABB $ 4,000,000 6 A AUTOMOBILE X LIABILITY ANYAUTO ALL OWNED HIREOAUTD$ X SCHEDULEDAUTOS AAU N-OWNED PHPK1236476 09/22/14 09/22115 • MB` INDESINOLE LIMIT IBFODILYINJURY(ParWaM) 1,000,000 $ EIOOILY INJURY (Per accident) $ PROPPEERTYrMAGE . IPAOklan $ UMBRELLA um EXCESS LIAR OCCUR CLAIMS -MADE • EACH OCCURRENCE $ AGGREGATE $ PEP I RETENTION Q WORMS AND EMPLOYERS'EMPLOYERS'LIABILITYTY y „� ANY PROPR1ETORIPARTNERIEXECUTEYE !('—�, IM OFF!CEREMSEREXCLUDED? (Mandatory In NM {ryas, deacrlpe Endar DESCRIPTION OF OPERATIONS bnluw NIA _ OTH- WC"LASTS TORY ER EL. EACH ACCIDENT $ EJ.DISEASE -EAEMPLOYEE $ E.L DISEASE- POLICY LIMIT $ DESORPTION OFOPERATIONS ILOCATIONS/ VESICLES(Mash ACORD1e1,AddflonalRemarks Bahedrae Umarea eeIsrequired) THE CITY OF NATIONAL CITY ITS OFF CIALS BOARDS COMMISSIONS EMPLOYEES, AGENTS ED W/RE$'ECT TO( GENERAL LIABIVE LITY PER PER ATT'TAAC ED. RE; NAMED APPEAR ARE �f'Et] ADDITIONAL INSUAND R INSURED'S SIGNS LOCATED IN THE GLTY LIMITS OF NATIONAL CITY CERTIFICATE HOLDER CANCELLATION NAT1002 CITY OF NATIONAL CITY • 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 92050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE? WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1:24.04114A ACORD 25 (2010/05) 101980.2010 ACORD CORPORATION. All rights reserved. The ACORD name. and logo are registered marks of ACORD • • .. acit fdM.e.�1.3i�Jsl�3. giggw,... GZ4atay Tl wain -?mod • • o j wit 'ate :y t • S ::a . • ity of Naiionaf City, Its ofiq Zo+boards, aommission�, employees} g nts and ontraators, a§ tl�al� respe v� Inlsro$ts-mgyappear _ . { 1243 Nafiah J•Cit _Fii r .-,. .,: • • ; •N�tianal•city,'CA 92O O • tffi • • ���C •Y'r L.�'1f 3•�v i.t p.5•.�I,• ' i i= alo 41yy • CDC NATIONKtont City of National City Fire Department woo Phone (619) 336-4550 �`m` ego TEMPORARY USE PERMIT - STIPULATIONS DATE: February 23, 2015 TO: Vianey Rivera, Neighborhood Services FROM: Robert Hernandez, Fire Marshal SUBJECT: Chamber of Commerce Mariachi Festival Date of Event: March 15, 2015 Total fee amount for all Fire Department permits is $600.00 dollars. Fee covers canopies and after hour inspection. Fees can only be waived by City Council Provide map of site area, Map to include placement of fire department requests Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 2) Fire Department access into and through canopy areas are to be maintained at ail times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not Tess than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 6) Provide a 2A:10BC fire extinguisher at stage if stage is being used. Extinguisher to be mounted in a visible location between 31/2` to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance 7) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal 9) Internal combustion power sources that may be used for "Generator" shall be of adequate capacity to permit uninterrupted operation during normal operating hours 10) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure 11) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 12) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge • Canopies from 401-500 square feet shall be $250.00 • Canopies from 501-600 square feet shall be $300.00 • Canopies from 601 square feet or greater shall be $400.00 • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council • A ten feet separation distance must be maintained between tents and canopies • A permit from the Fire Department must be obtained. Cooking shall not be permitted ender tents or canopies unless the tents or cnopnes meet "State Fire Marshal approval for cooking. Certificate of flame resistance shall be provided to the National City Fire De iulu"tment r icr o the ey&rri 13) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 14) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars 15) First Aid shall be provided by organization 16) Provide map of site area. Map to include placement of Fire Department requests Fire Department Fees can only be waived by City Council 901 National City Boulevard National City, CA 91950-3203 Business: 619 477-9339 Fax: 619 477-5018 Web site: www,natlonalcitychamber.org March 9,2015 Leslie Deese, City Manager City of National City 1243 National City Blvd National City, CA 91950 Dear Ms. Deese, The National City Chamber of Commerce kindly requests the full waiver of fees for the fire inspection for the 3rd Annual Mariachi Festival & Competition taking place on Saturday, March 14, 2015 at Pepper Park. We do appreciate your continued support of the National City Business community and community events that drive tourism and economic stimulus to our city. Sincerely, Jacqueline Reynoso PorasaeOE Use 0V)i y is,row, OTG'� Pudic Park i n"iu ` Per �a �/COrporate EventReceived 4,, �� Permit Application Event E-Malled p Date MAR - 4 2015 Alrplicattt E:tfotettation Applicant Name Jacqueline Reynoso i Mailing Address (street it, city, state, zip code) 901 National City Blvd. National City, CA 91950 Organization (if applicable) National City Chamber of Commerce Day phone (w/area code) (619) 890.6014 Cell phone (w/area code) (619) 890.8814 atitriii Address reynoso@nation8lczlycharnber.erg Organization type (check 4 one) Private/Family Check any Port tenant Special 1. Three 2. Port g, Access applicable description(s) Tax-exempt x ( We are a 601c(6) non-profit 501(c) 3 required) organization. use by event organizers 4. Harbor Police to help monitor the event area 6. Port Stair to assist with park maintenance onelte 6. Access to Lot "J" currently used by PASHA Corporate Charitable Requests: - Digital Boards for Siege for use In Chlidren's to the storage shed School Government x Other) specify' Event triformatlon Event Name Madachl Festival and Comeplition Date March 14, 2015 I Event Type (check gall applicable descriptions) Birthday Party Park Cesar Chavez Park (Beach) (Beach) Actual Event Hours' From 11:00 AM ' Tot 7:00 PM Picnic Chula Vista Bnyfront Park .r .+ Wedding Ceremony Chula Vista Dayslde Park Setup/Assembly/Construction Date March 94, 2016 TImQ 4:00 Afd AM/PM AM/PM -� Chute Vista Marina View Park Wedding Reception -r ___, Corporate Conf Corporate Reception Coronado Tidelands Park Olsntantie/Completlon Date March 14, 2015 Time 9:00 PM Embarcadero Marina North Entbarcadero Marina south x Peestival/Music Event Harbor blend Park Company Picnic Pepper Park Attendances 4500 _ Car Show _ Shelter /stand Park North, (Gazebo) Team Building Event Other;specify' Shelter Island Park Central, Shelter island Park South, Meg) Spanish Landing Park East, (CSP) # Day 1 # Day 2 # Day 3 # Day 4 For multi- day events, provide attendance for each day. • — Spanish Landing Park West, Other:, Additional Contact Xnforntatlon On -Site Contact A contact person representing the applicant must he Immediately available, at the site during setup, event and breakdown. This person must have authority over all elements of the event. Professional Event Organizer (if appplicable Name Jacqueline Reynoso fOrpanization National City Chamber of Commerce Cell Phone (w/area code) (619) 890.66 4 Caterer (IF ejrpiicab!e) Name is J organization 1 Cell Phone (w/area code) Port of San Diego Use Only BP#3OA 23 3,5 Tre adieu 5. "wei.:eQ Deper.it $ - heck/ O el le: Credit Card Cash � " 1 Parking lock/M.o. # g j 1 g :ter Credit Card Casts Event Fee$ • ' , r ClteckJM.O, # Circle: Credit Card Cash 148003v16 Last update 10/28/2013 2of10 CC/CDC-HA Agenda 3/17/2015 — Page 515 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Pastoral Visitation of the Executive Minister hosted by the Iglesia Ni Cristo (Church of Christ) at 2201 E. 8th Street on April 11, 2015 from 6 a.m. to 1 p.m. with no waiver of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 AGENDA ITEM NO. ITEM TITLE: -temporary Use Permit -- Pastoral Visitation of the Executive Minister hosted by the iglesia Ni Cristo (Church of Christ) at 2201 E. 8th Street on April 11, 2015 from 6 a.m. to 1 p.m. with no waiver of fees. PREPARED BY: Vianey Rivera DEPARTMENT: PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is a request from the Church of Christ to have the pastoral visitation of their Give Minister at 2201 E. 8th Street on Saturday April 11, 2015 from 6 a.m. to 1 p.m. This event will honor the pastoral visitation of their Executive Minister. He will officiate a worship service during the event. The applicant anticipates most of their members to come from various congregations, therefore, they will rent two large tents (40x80 and 40x100). The applicant is requesting the closure of "V" Avenue and E. 7th Street, which is adjacent to their property. Street closure will begin at 4:00 p.m. on Friday April 10, 2015 and re -open on Saturday April 11, 2015 by 4:00 p.m. Services Division Applicant will have an organized group to conduct and enforce security during the event. They are also requesting (2) two police officers to assist for the duration of six (6) hours. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: ;The City has incurred $237.00 for processing the TUP, $385.48 for Public Works, $476.00 from Engineering for the Traffic Control Plan, Fire Dept. $600.00 and $849.12 for Police services. Total Fees are $2,547.60 ENVIRONMENTAL REVIEW: NII ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: iNIA ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Finance MIS 02/ 03/ 2015 16 : 21 6193364217"mr NATIONAL CITY PAGE 07 771-7 Type of Event: 1 Community event Public Concert — Fair _ Festiva _ Clock Part _ Parade _ Demonstration trcus y Motion Picture Grand Opening �-�f� Event Event Ti tie: Event Li)oation: g s t��,� L- �/ls r8 7-1 Ta N D 0 rt4t g lc u i' 1 v6- it&i dens sr Setup/assembly/construction Date: Please describe the scope of your setup/assembly work (specific details): Christmas tree lot ;et up in the parking lot.. 6-0-4 Dismantle Date: 4/P2A,S-Completion Time /; tea am k `f List any street(s) requiring closure as a result of this event Include street name(s), day and,time of closing and day and time of reopening. - '',e,2�7,<e._4z,„ T, s J 1.44/ 1 S w WI* G L N ? �"" ._,.a- e.ezaP , 41,E 71 ^ems lF l .0. a O 4 G9 tali 17 , Algr!omA L dIr7 Event Date(s): From ! / s" to1//,/,- Actual Event Hours: 'pm to I: o 0 pent Total Anticipated Attendance: (Z 5 Participants 100+ Spectators) Start time: _LW 11,.. Al rirrr -'4, 41, Spvrtsbnng Organization: Cr L,F5, 4 /V r edgesTO axe C#P S! Chief Officer of Organization (Name) j. /a tr'da Art Applicant (Name): s /4--.' e4-Je Address: s- rL*G j s.p e4t. 9 f I Daytin: a Phone: (ait 7 / - �:6 S __ Evening Phone: 64 1 ' / - ?— Fax: Fax: (619) E-Mail: .�'a- tz. pee f� Cam? y b Lr' • -�/ Contact Person "on site" day of the event:gel i�1N1 -.-3)3 " 3 219 Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS uga 02/03/2015 16:21 619336421'T NATIONAL CITY PAGE 08 r. •a •-::� . . •,?-•,.::: •' .A is 'y '`fir 'i •I ,� � -.1; :�,,•+j:. Y..,..� .rI.. ..�-•1 .�w-:. �.l : '•}�ro-r . ,!r,.l„ IJ.:'I -r• ,�:: .f�„r .F . rw. 'I.o .' "• :.-�Yl�:.t-•r.;.� SAY_:—�•.__— —. .. ,- tc your organi zation a "Tax Exempt, nonprofit" organization? YES X NO participant admission, entry, or vendor fees required? _YES KNO If YES, please explain the p»rpose and provide amount(s): $_ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Oroaniz ation will receive as a result of this event? i' s :. `; .. ''.. i3O.`;;'' " - ;` Please provide a DETAILED DESCRIPTION of your event. include details regarding any components of your event such as the use of vehicles, animals,�� rides or any other pertinent information about the event. Tr' r.4, e o /1712 14d Za.' , e gazdti_ it tu4vwt A l 1 `„i x ear :- rkt ,a.P ram.+- a,"-e 1e+- 54re7.1 c _YES Np If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 02/03/2015 16:21 61933642t NATIONAL CITY PAGE 09 _ YES X YES NOS Will items or services be sold at the event? If yes, please describe; FRESH CHRISTMAS TREES, BIKES, AND SEASONAL IT JJiS. k/ //A _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. XYES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing ail streets impacted by the event. YES _., NO Does the event involve -the use of tent or canpp+es? If Y tent/canopies __onef e Sizes ' -e,'i) � • j/rt : E: A separate Fire Depa�i, Merit permit is required for tents or canopies. YES >: NO Will the event involve the use of the Glt,. or your stage or PA system? SPECIFY: .r �. .�„�: •� .x:.:ri ,ice Does the event involve the sale or use of alcoholic beverages? In addition to the route map required above, please attach a diagram showing the overall layout and set-in locations for the following items: Al;,oholic and Nonalcoholic Concession and/or Beer Garden areas_ rFool Concession and/or Food Preparation areas Please describe how food will be served al the event: 41 you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable andlor Perrnanent Toilet Facilities Number of portable toilets: / (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables # and Chairs #�� Fencing, barriers and/or barricades _Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) I_ioceins, exhibits, displays or enclosures Scarolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters Note: You must properly dispose of waste and garbage throughout the term of your .vent and immediately upon conclusion of the event the area roust be returned to a clean .ondition.) Number of trash cans: Trash containers with lids: _ Descries; your plan for clean-up andremovalof waste and garbage during and after the,eve nt lie 02/03/2015 16:21 61933642T1 NATIONAL CITY te PAGE 10 m Please describe your procedures for both Crowd Control and internal Security: G. e IV J •Li ✓�I"i"'4A ""ter-�"_ YES NO eve you hired any Professional Security organization to handle security arrangenlen s for this event? If YES, please list: ;ecurtty Organization: ;lecurity Organization Address: 13ecurity Dtreotor (Name): YES ... s this a to ensure safety of the participants and spectatorlease state how the event and s: area will be illuminated Phone: Please indicate what arrangement you have made Rroviding First d Staffing and Equipment. GG�-r�.c.d-fir i� ,� y �,t.-�t' �,.✓�. s.,� raw �l Please describe your Accessibility Plan for access at your event by individuals with disabilities: we''' Please provide aed description of your P 444J1-^ Ple:1e�rib�p rt for DISARI.ED PARKI G: plan: Pleae descri at our plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 haws in advance when events are scheduled in the City parks. 02/03/2015 16:21 19 NATIONAL CITY + PAGE 11 YES ,. ENO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES ii 111 sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES i NOOWiii sound checks be conducted prior to the event? If YES, please indicate: Start time: am!pm Finish Time _ am/pm Please describe the sound equipment that will be used for your event: YES Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: -- pt '`..4) _I e,i9'm-e ' ay.- bt • ,lG 1 ,01.4mA. tc s Ada Reviser 102/29/12 <,21e3/2015 16:21 619336 7 NATIONAL CITY PAGE City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless AgreemiBnt. Certificate of insurance must be attached to this permit. OrganiIntion ^ C� 2.45r11 t,i r C#e C C//Jlxc_d 6� C,/�'rle s Person in Charge of Activity f` t1fr "te cio! Addrem3 c / 6/1sT e i i a i~ wile rp/v i._ e; 7y, (if /!' U Telephone itetj cct,2. Date(s) of Use A. Pg. / L / t ,2 01 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on pubs° c or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Lit t f t f • Pi4e4 Signatur9 of Applicant Official Title Date New, DOI co / FoMe Use Only Certificate of Insurance Approved Date FROM : FAX NO. :19514618896 .7eb. 16 2015 04:06PM P1 TR.111M4 HEALTH ANALYVCS PA HOSPITAL February 13, 2015 To Whom It May Concern, 1 0 faTOP: HOSPoTALS EMIMMIEIMMEEM .Thi$1s:to certify that am authoring the Church of Christ (Iglesia. Ni Cristo) at 2201 E. 8th Street, National City, CA 91950, to use the following Paradise Valley 1-10c.pitoi•owncd parkins. iotc, in National City, CA, during thc hour:, of 0500 1400, on April 11, 2015, fortheir Pastoral Visit Event: 1. 655 Euclid Ave 0 Outpatient lower parking and -.mployee's parking 2. 610 Euclid Ave 3. 502 Euclid Ave 4. 2345 E. 8th St 9 Wellness Center 5. 2400 E. 4th Stree The church will provide the insurance coverage during the event, Thank you, Neerav Jadeja, MBA, MSHA Administrator 2400 Eat Fourth Street National City, CA .919501phone 619.470.4321 paradisevalley-pital_org February 10, 2015 To whom it may concern, This is to certify that I am authorizing the Church of Christ (Iglesia Ni Cristo) at 2201 E. 8th Street, National City, CA 91950 to use my property adjacent to their chapel for parking on April 9,10 and 11, 2015 They will prpvide the insurance coverage during these dates. Thomas Chen Owner To: Page 2 of 6 2015-02-12 19:12:38 (GMT) From: Kim Mather AIC+t REY CERTI 'MATE OF LIABILITY INSU NCE DATE (MMIDDIYYYY) 04/11/2015 PRODUCER Mather Church Insurance Center, Inc. POBox1050 Lakeside, CA 92040 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Church of Christ 2201 East 8th Street National City, CA. 91950 INSURER A: GuideOne Mutual Insurance Company INSURER B: INSURERC: INSURERD: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY f EREOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 'THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SK L AWL M9RD TYPE OF INSURANCE POLICY NUMBER Plgt1IP7_ N)E PY-kJON LIMITS GENERALL1ABILITY �.7 GE�N'L ^1 COMMERCIALGENERALLIABL11Y 0 CLAIMS MADE Q OCCUR 9921-078 05119/2014 05/19/2015 EACH OCCURRENCE $ 1,000,000 p PREI,h SESe oclarance) S 1,000,000 MEO E XP (Arty one person) E 10,000 PERSONAL RADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000A00 AGGREGATE LIMIT APPLIES PER: POLICY n PROJECT n LOC PRODUCTS - COMPIOP AGO S 3,000,000 AuromosILELLABILITY 1 2 ANYAUTO ALLOWNEDAUTOS SCHEDULEDAUTOS HIREDAUTOS NON-OWNEOAUTOS COMBINED SINGLE LIMIT (Ee ecd ertt) $ 1 BOO ILYINJur1Y (Per person) $ $PDflccidert)RY ( $ (PIet AGE $ GARAGELMBILITY ANYAUTO AUTO ONLY - EAACCICENT $ OTHER THAN EAACC S AUTO ONLY: AGO $ EXCESS/UMBRELLALIABILITY n OCCUR El CLAIMS MADE D DEDUCTIBLE 7 RETENTION $ EACH OCCURRENCE $ AGGREGATE $• $ $ $ WORKEiSCOMPENSATIONAND EMPLOYERS'LABiLITY ANYICRRROPRIIETORIPARTR E LUDI1E CUT WE Ifyyes cnbeender SPEtIALPROVIS10N8belew I uE- TWO Zits E.L. EACH ACCIDENT S EL fsSEA$0•FA£MPIAYEE 8 EL. DISEASE • POLICY LIMIT $ OTHER DE1Ii�PTIDN OF OPERATIONS/ LOCATIONS i VaIICCE8 is xcLuSIONS ADDED eYENooRSEQf6N7r SPECTALIFRONASIoNs Fo a church event needing to close off a portion of V Avenue, National City, CA 91950 directly infornt of and adjacent to the mainchurchbuilding. The City of National City and its officials, empioyees, agents and volunteers are named as additional insureds. Additional Vn5Ured: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of National City DATE TIEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN — NOTICE TO 1'HE CERTIFICATE HOLLER NAMED TO THE LEFT, BUT FAILURE TO DO SO S HALL 1243 National City Blvd, National City, CA. 91950 IMPOSE NO OBUGATION OR UA61LITYOFANY KIND UPON THE INSURER, rrS AGENTS 0R REPRESENTATIVES. AUTHORIZED REPRESENTATkIE I Kim S. Mather 04-608 ■ nnunae Anwn.•.01 ©ACORDCORPORATION1988 To: 'age 6 of 6 2015-02-12 19:12:38 (GMT) From: Kim Mather IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). DtSCLAI M ER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. tc4#40-2512o-o1+4Hi CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Church of Christ — iglesia Ni Cristo EVENT: Pastoral Visitation of the Executive Minister DATE OF EVENT: April 11, 2015 TIME OF EVENT: 6 a.m. to 1 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Engineering requires: 1. Traffic Control Plan 2. $476.00 Fee for Cost of Traffic Control Plan 3. Detour Route 4. Schedule of Event 5. Organization Responsible for Setup of Traffic Control RISK MANAGER (619) 336-4370 Provide valid copy of insurance certificate naming the City of National City. Provide Additional insured endorsement naming the City of National City as an additional named insured PUBLIC WORKS (619)366-4580 We have reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below. Parks Division No Involvement Facilities Division No Involvement Streets Division 1. Staff will post "No Parking" signs in effected street before the event. 2. Staff will install barricades prior to the event and remove them at the conclusion of the event. 3. The cost to provide street personal support for this event is estimated to be. • "No Parking" signs • Barricades • Equipment • Man Hrs. • Overtime FINANCE 20X$0.45= $ 9.00 4X$0.35= $ 1.40 6 X $ 19.09 = $114.54 2X$65.14= $ 65.14 4X$48.85= $195.40 Total = $385.48 The Church just need to renew their business license. Other than that, Business License/Finance has to opposition to this event. FIRE (619) 336-4550 $400.00 TENT FEE $200.00 AFTER HOUR INSPECTION Meeting with Organization Requested Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and ernergency roadways 2) Fire Department access into and through event areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not Tess than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway arc to move immediately to the right upon approach of emergency vehicle(s) 6) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained 7) A tent shall not be located within 20 feet of lot lines, buildings, other tents, canopies or membrane structures, parked vehicles or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure, tent or canopy 8) Provide a minimum of 2A:10BC fire extinguishers inside tent area. Extinguisher to be mounted in a visible location between 3Wh`to 5' from the floor to the top of the extinguisher (See Attached). Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. A sign describing location of extinguisher (Fire Extinguisher) shall be placed immediately above the fire extinguisher 9) Exit openings from tents shall remain open unless covered by a flame — resistant curtain. The curtain shall comply with the following: Curtains shall be free sliding on a metal support. The support shall be a minimum of 80 inches above the floor level at the exit. Then curtains shall be so arranged that, when open, no part of the curtain obstructs the exit •Curtains shall be of a color, or colors. that contrast with the color of the tent 10) In public tent areas, smooth surfaced, unobstructed aisles having a minimum width of not Tess than 44 inches shall be provided from seating areas, and aisles shall be progressively increased in width to provide, at all points, not less than 1 foot of isles width for each 50 persons served by such aisles at the point 11) The arrangement of aisles shall be subject to approval by the fire code official and shall be maintained clear at all times during occupancy 12) All chairs used for seating inside tent shall be secured to one another using approved chair binding methods 13) Exits shall be clearly marked. Exit signs shall be installed at required exit doorways and where otherwise necessary to indicate clearly the direction of egress when the exit serves and occupant of 50 or more 14) Exit signs shall be GREEN in color and shall be of an approved self- lumination type or shall be internally or externally illuminated by luminaries supplied in the following manner: • Two separate circuits, one of which shall be separated from all other circuits, for occupant loads of 300 or less 15) Means of egress shall be illuminated with light (Bug Eyes) having an intensity of not less than 1 foot-candle at the floor level while the structure is occupied. Fixtures required for means of egress illumination shall be supplied from a separate circuit or source of power 18) Exits, aisles and passageways shall not be blocked or have their minimum clear width obstructed in any manner 17) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. Consult building official for requirements and inspection or electrical 18) Vehicles shall be isolated from contact with the tents or canopies, Vehicles shall be at least 20 feet away from tents or canopies 19) Every room or space, shall have the occupant load of the tent or space posted in a conspicuous place, near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. The maximum occupant load of this space shall be based on room set-up and items placed inside tents or canopies. The maximum occupancy load shall posted by the Building or Fire Officiai based on room configuration. At no time shall the owner or agent allow the posted occupant load to be exceeded 20) Smoking shall not be permitted in tents, canopies or membrane structures. Approved "No Smoking" signs shall be conspicuously posted 21) Spot or effect lighting shall only be by electricity, and all combustibles construction located within 6 feet of such equipment shall be protected with approved noncombustible insulation not less than 9.25 inches thick 22) There sha!l be a minimum clearance of at least 3 feet between the fabric envelope and all contents located inside the tent structure 23) The floor surface inside tents and canopy structures and grounds outside and within a 30-foot perimeter shall be kept clear of combustible waste. Such waste shall be stored in approved containers until removed from the premises 24) A clear site map shall be required for this event 25) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event 26) Please contact the National City Fire Department to arrange a time for inspection. Periodic inspections will be conducted by the Fire Department for this event 27) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. 28) Fire Department fees can only be waived by City Council If you have any questions please feel free to contact me. POLICE Applicant requested two police officers at overtime rate of $70.76hr per officer for six (6) hours. Total fees: $849.12 CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. CC/CDC-HA Agenda 3/17/2015 — Page 533 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — 8th Annual Community Easter Egg Hunt 2015 sponsored by Cornerstone Church of San Diego at Las Palmas Park on April 4, 2015 from 9 a.m. to 12 p.m. with no waiver of fees. (Neighborhood Services) CITm^ DF NATIONAL CITY, CALIFC,__ 1IA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 AGENDA ITEM NO. ITEM TITL Temporary Use Permit — 8th Annual Community Easter Egg Hunt 2015 sponsored by Cornerstone Church of San Diego at Las Palmas Park on April 4, 2015 from 9 a.m. to 12 p.m. with no waiver of fees. PREPARED BY: Vianey Rivera PHONE: 1(619) 336-4364 APPROVED BY: "� /4A., EXPLANATION: DEPARTMENT: Nei6hhori ood Servirac Ilivicinn This is a request from the Cornerstone Church of San Diego to conduct an East hunt at Las Palmas Park on April 4, 2015 from 9 a.m. to 12 p.m. Set up for the event will commence at 6:00 a.m. on the day of the event. This event will include an Easter egg hunt for appropriate age groups, face painting, music stage with monitored sound system and eating areas with tables and chairs. Free games will be provided. Cornerstone Church will set up approximately twelve 10x10 booths. The applicant is not requesting the use of the City's stage and will provide their own security for this event. No fees were waived in 2011, 2012 or 2014 and this event was held out of City in 2013. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP, plus $200.00 for the Fire Inspection and Public Works $465.80. Total fees: $902.80 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: + j STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event _ Public Concert Parade Motion Picture Fair Demonstration _ Grand Opening Festival _ Circus Other Event Title: C 1\ ` V N t j % 4Ski Event Location: Guts . �\ Mac l"'t'r'4— Event ®ate s : From Li 1 � (L () to ,! jl,S Actual Event Hours: `/pm to 1Zam Total Anticipated Attendance: ZSOO (1 Sarticipants 1 °°0 Spectators) Setup/assembly/construction Date: 414-1jg Start time: (0 um Please describe the scope of your setup/assembly work (specific details O girof a ry Sind S c—orn Dismantle Date: 14iqi jrCompletion Time: 2 am List any street(s) requiring closure as a result of this event. Include and time of closing and day and time of reopening Community event Block Party Ckct rc an,4 lupe(' 1 i S-P�UCf')t Zvi if be Gil t{�t►r> t�l�- un street name(s), day Sponsoring Organization: P � CO 1(1erSitn2 U-f- so n Chief Officer of Organization (Name) S 1 D P to VO YJ Applicant (Name): N O ��� . \J Address: 414 I S 4 Of , Daytime Phone: 04 LE 93.vening Phone: OKI S L " 5L Fax: (619) E-mail: trv(low-i�1dt j !ma 1. Cowl Contact Person "on site" day of the event: J 1€ �f'ml r 22eliular: LQ) L41 L z NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? ,2c YES NO Are admission, entry, vendor or participant fees required? YES 1NO If YES, please explain the purpose and provide arnount(s): $ 0 00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ P, 00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. _ moped o+ ar4a6 for a! t ,,r 'a4 aptv>+. face (hi; , 114€ m)1c c o �.ti-k Art i�aGG`" �- arzas � m41 * a � S°�� S meg vl YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES ANO Does the event involve the sale or use of alcoholic beverages? )YES _ NO Will items or services be sold al the event? If yes, please describe: -food Uti jors, Stria‘, ► c& CxeAtik, C4vnd _ YES Jy NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES — NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies IT Sizes 101C 10 NOTE: A separate Fire Department permit is required fn nts or canopies. NO Will the event Involve the use of the or your sta a or PA system? SPECIFY: Mir S f, aim Stneti 1tMit- - U,t/t II be ui ed In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations far the following Items: Alcoholic and Nonalcohoiic Concession and/or Beer Garden areas. Food Concession andlpl Food Preparation areas Please describe how food wgl be served at the event: �j� If you intend to cook food in the event area please specify the method: GAS ELECTRIC K CHARCOAL OTHER (Specify): 0 Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immed' to area available to the public during the event) Tables # and Chairs #,� Fencing, borders and/or barricades locations and/or source of electricity Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Canopies or tent locations (include tent/canopy dimensions) Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: fr Trash containers with lids: 0 Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: 00 IP heictOrte 1 c T�af f� G M s+r i 1r,S _etcri YES NO Have you hired any Professional Security organization to handle security arrange eats for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES j NO Is this a night event? if YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please iiidicete wh t arran ement you have made for pro ing First Aid Staffing and Equipm nt. � Tent tuft�i 194 Oh 4t-i hrn .l �--t-tn� j U.Pxat wikk C unrGh stocF raanhinq -1-1r4 Please describe your Acce sibili Plan for access at your event by indiyi uals with disabilities: 'Mtn+ WIL1 b Pad o bilk ro -i i- (.vtrvpliC.S 1,0 1-0) Pa* Makt>,r� Please provide a detailed descript an of your PARKING plan: b�. fart O. _► rtqr L k. 1r -K & park Please describe your place for DlSAZBLED PARKING: N � �� PAP" K La Led v� � d th Please describe your plans to notify ail residents, businesses and churches impacted by the event: tt .q,1' garti 0 NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 211 YES — NO Are there any musical entertainment features related to your event? if YES, please state the number of stages, number of bands and type of music. Number of Stages: on`e Number of Bands: 0 n` Type of Music: C)i i-han iprsh p vYtAisic X YES - NO Will sound amplification be used? If YES, please indicate: Start time: SCW m Finish Time 12- am/0 . YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: erpm Finish Time 12 awe) Please describe the sound equipment that will be used for your event: Sp.eAGett ni s-km, y,rti GKI ho nes IV) �il'W� _ YES 4 NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Even- bektm.aG t1\ Cr+=s i e htTuwS &J Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000.000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization (�Drnterstb e C w&t (X- ctn t'Gp Person in Charge of Activity 1414 Urni ff z Address fi14 cote4w4a 12.4. Nabiana1 l:I+ 5 Cq g1t5z Telephone tail! q333 Date(s) of Use ?Iglu Is - HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractor. Signature of,gpplicant Official Title Date For Office Use Only Certificate of insurance Approved Date CORNCHU-03 CATHYF '4ic-cpizor CERTIFICATE OF LIABILITY INSURANCE fria------- DATE (MMIDDPer Y) 3/3/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsement(s). PRODUCER License # 860285 ChurchWest insurance Services (ACG) 201 Cajon Street Redlands, CA 92373 CONTACT Caro! Bush PHONHE (800)843-6054, I FAX - 9Qa) 3074245 t'dL- I INC, niol: Q , LA-ri hlLe• means: info@cuderinsurance.com INSURERS) AFFORDING COVERAGE HAJC INSURER* ;Brotherhood Mutual Insurance 13528 INSURED Cornerstone Church of San Diego 1914 Sweetviater Rd National City, CA 91950 INSURER a INSURER C : INSURER O: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WI ILTRR TYPE OF INSURANCE NV AND POLICY NUMBER PO EFF 1 +P p YYPn LIMITS A X COMMERCIAL GENERALLIABIUTY IT-_, =UR Y: 04!t15A0437147 07/05/2014 07/05/2015 EACH OCCURRENCE S 1,000,000 CLAIMS -MADE Pariglar,cwrrenc> S 300,000 MED EXP (Any one person) $ 10,000 PERSONAL A ADV INJURY S 1,000,000 GENT, X AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 5,000,000 PRODUCTS -COMPIOPAGO S 5,000,000 S AUTOMOOLE LIABILITY ANY AUTO ALL OWNED AUTOS I HIRED AUTOS I SCHEDULED 2 AUTOS NON -DATED , AUTOS COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Per person) S BODILY INJURY (Per accident) S P.ROPERTY DAMAGE (Peraoaldentl $ S UMBRELLA LAB EXCESS UAB I OCCUR 1 CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S i DEO I r RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' UABLLITY Y I N ANY PROPRIETORJPARTNERIEXECUTIVE I r UD OFFICERINIEMBER EXCLED? INlandalory in NH) Sf yyee, describe under DESCRIPTION OF OPERATIONS below N I A PER OTH- STATUTE 11 ER E.L EACH ACCIDENT S E.L. DISEASE • EA EMPLOYE $ E.L DISEASE -POLICY LimiT s DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES IACORO 101, Additional Remark Schedule, may he attached If mere epee Is raqulredt RE: Easter Egg Hunt Aprli 4, 2015 at Las Palmas PS& 1800 Newell et, National City, CA 91950 for approximately 1500 people. Cartificete holder is named as additional insured. CERTIFICATE HOLDER City of National City Attn: Vlaney Riviera 1245 National City National City, CA 91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 0 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD NAMED INSURED: Cornerstone Church of San Diego POLICY NUMBER: 04M5A0437147 COMMERCIAL GENERAL LIABILITY THIS FORM IS PART OF THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This is an explanation of insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PER POLICY FORM BGL-11 SCHEDULE NAME OF PERSON OR ORGANIZATION: City of National City ADDITIONAL INSUREDS — With respect to any person or entity shown on the Declarations as an Additional Insured or who is otherwise designated by the Named Insured and recognized by us as an Additional Insured, we will provide Principal Coverage L of the Commercial Liability Coverage Form (GL-100) to such Additional Insured (they win be considered an insured for Principal Coverage L), but only to the extent that such person or entity is legally liable for the acts of you, your leader, your employee or your appointed person. Such coverage will be limited to that which is specifically provided by Principal Coverage L, and will be strictly subject to the terms of this policy. No coverage will apply to any independent acts, errors or omissions of any Additional Insured. TCG -- BGL-11 GENERAL LIABILITY POLICY REFERENCE CC/CDC-HA Agenda 3/17/2015 — Page 544 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Safe Summer Slam sponsored by Operation Samahan at 2841 Highland Avenue on May 16, 2015 from 8 a.m. to 5 p.m. with no waiver of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 ITEM TITL Temporary Use Permit Safe Summer Slam sponsored by Operation Samahan at 2841 Highland Avenue on May 16, 2015 from 8 a.m. to 5 p.m. with no waiver of fees. AGENDA ITEM NO. PREPARED BY: Vianey Rivera PHONE: 1019) 336-4364 EXPLANATION: DEPARTMENT: Neigt.borho l Services Division APPROVED BY: This is a request from Operation Samahan to conduct the Safe Summer Slam event at 2841 Highland Avenue on May 16, 2015. This event is an annual event planned and coordinated by Operation Samahan staff in collaboration with its community partners. The focus of the event is health promotion and awareness of available programs and services in National City and the South Bay. This event is free of charge. Security will be provided by Job Corps of San Diego and handicap parking will be reserved on the existing parking lot. Note: This event has been approved by council for the past five years with no waiver of fees. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP through various City departments. Total fees due $237.00 ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: !Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: NIP r Finance MIS ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. .Ff'Y{�;y� 1.t�1 's.�: {h L�Y{I yHGt'Y�t tii f s'1 L1 �Sil :t it r•++ 9u`Ll,r 1 fW • 1 a i"MrS-, _kJ 1 }y.i~ aTyp4A`,F.yl.-� t~+h•r•s • I ..I., .. 'J Type of Event: — Public Concert X_ Fair Festival _ Parade _ Demonstration — Circus Motion Picture _Grand Opening _ Other Event Title: _ '" ‹..SJ, ( i Event Location: p2. S q 1 k) • • g I ci FO Event Date(s): From OS-- to Oi 1 S Actual Event Hours: 9• U4 0/pm toLi-J am/ rr i Total Anticipated Attendance: 3 00 (1( Participants Spectators) Setup/assembly/construction Date:OS7) (0 )Start time: r7 r C' U &.tY) Pleac'e describe the scope of your setup!,embly work (specific details): , C6 L CS L 1i' 1` r S r C.Or-C Y1``., _ Community vent _ Block Party Dismantle "Me: "' S-Completion Time: Le! 00 am pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and dai and of reopening. r gigb� �' I } i':� 1 . aA f—. Elrj f ��) �lr — •+-` 17,: ZI':1 r ,jr �'t,►J}` �+r.4 a 1Jr t�j a r! r +'ire "* i Lr' rs i jaiF ' 4�1 _r±i�a N ", ., e �,4 '• �4 {".•I h I ' I r y .�' 5iy 'emit' -.,rib' 'il' • aq i?44. �y ,Ji�iJl rM,,,V'JrRY 11�• yr.p� , , ►Fd iiMM a+•#+« .: r,• 44A* .!►ii # JW bw i a M� 'er. i MwF�a 1g *inn "k"L yuy. "1' 7 ' r "i F +" l •fit J . * • r�rri Sponsoring Organization: Chief Officer of Organization )(Name Applicant (Name): Address:?S'4 �-�'� • SalYnCa1.01-41 , - L'.2IA ra•vi �► Awe... , . O. ak . Daytime Phone: 0161 ) 4 -- Liq1.x ('Ctvening Phone: (itj) 64 C% — `t 3 Fax: tf i `d qS1 "l E-Mail: ra -7 0,e a d-wy 50. vno.-ke r o o Y Contact Person "on site" day of the evirreftrianCellular: Oil 0 — q 0 - NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS is your organization a "Tax Exempt, nonprofit" organization? ' YES — NO Are admission, entry, vendor or participant fees required? _ YESJ NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales Prom event. $ t S-00 Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organi ton will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. R ce. e sct s c v }i ruA,a.k Cki,e4A4-- t yuLii Cl-i=s s iA.1_ej. cligi IA.ti to or r. b /11.' 0,8ni t b pa, V rS -- s o- -- 4PA, .cal'= .d cvin,ct (.At, re. nt.czS '('. C�.� `cam? t,� �(� s,� �� •3 _ YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? if NO, list any additional dealers involved in the sale: YES Kw Does the event involve the sale or use of alcoholic beverages? _ YES Will items or services be sold at the event? If yes, please describe: _ YES$. NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X_ YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies - )( .0 Sizes ! 0)<- j 0 NOTE: A separate Fire Department permit is required for tents or canopies. YES n Will the event involve the use of the City or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall !ayout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) I ab!es # - and Chairs # `i 0 Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) n Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures L. 'Vehicles and/or trailers in Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclussorf the event the area must be returned to a clean condition.) Number of trash cans: 4 C.l Trash containers with lids: . i Describe your plan fof clean-up and removal of waste and g rbage during and after the event: a1L4- n - �'� k 4 C Pleased scribe your procedures for both Crowd Control and internal Security: Y YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: h am+ 5 S i-0 Security Organization Address: Cat a t �% 5 Security Director (Name): —'SO0 _YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangem nt you have madejfor prove in First Aid Staffing and Equipment. L - krAA) c., oft !"c Sk tt— 6' IA Lf� Yin` OUA (') ifCt4L C-ti!1 i C l! ©Cakc) �,2-71I 1-45 14A 1 • { C �= Please describe your Accessibilit PIa for access at your vent by i dividuals with disabilities: u t.Q 1/1.41.1.a4- C si3 .v►Y PS -0/ntr Please rovide a detailed descrip ion of your PARKING plan: ci u4t,t (' s• c . G cw\ . t z k l n Cc - 4 b T\ C Al irtw1 Please escnbe our plan f r D SA LED Please describe your Rlans to note all residents, bu lnesses and,churche impacted b th event: 1,t1�2.. ��v.P � t✓Cau r' S EW-eArS CRSi c e. S NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. V/YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands:r1,0A _- Type of Music: C )1 p E rf' /+Op v YES NO Will sound amplification be used? If YES, please indicate: Start time: [ 4 °© aCr /pm Finish Time .v am te7 YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start 4 time:q . s- 'pm Finish Time 10'OC) hpm Please describe the sound equipment that will be used for your event: D T Sotirci s s , LI PA his YES 140 Fireworks, rockets, or other pyrotechnics? If YES, please describe: -YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Cer tificate of insurance must be attached to this perrnit. Organization (kh5Y\ Person in Charge of Activity/1r)M1* I + Y/`okn Address e B "1 k k (6t,r\ J 14, e• CI9SO Telephone CO— Li`f )((.00 %ate(s) of Use ©S ) HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant ;al Titi ' to .. _ ;1 j --)f---0 3 For Office Use Only Certificate of Insurance Approved Date Dunk Tank Registration festival layout Back .Parking Lot Food Tables Chairs 0 0 10'2Y Teen Center Gaines Front Parking Lot Face Painting .p ts Stage 11 Games C Gaines Concrete Island ACORD® CERTIFICATE OF LIABILITY INSURANCE �� DATE(MINDOITTYYI 11/12/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF iWFOi MA i OPi ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEQAT VELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(fes} must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may requlre an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The John L Raya rrlsurarsce Group 401 South Mission Drive(91776) P. 0. Box 728 San Gabriel CA 91778 rri.ICT Jeanne Raya Q asp ! 628? 570-8611 R F" •trSa 2s1-2972 M.C. Noi. ADDRESS' INSURERIS)AFFORDING GONERAra NAIL f INSUPERA:Nonprofits InS ,Alliance of CA INSURED Operation Samahan Inc 1428 Highland Avenue National City CA 91950 HkRURIFA R • INSURERC: INSURERD: INSURER E : I INSURER P : COVERAGES CERTIFICATE NUMBER:2014 RE THIS IS TO CERTIFY THAT TH£ POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS HNSR LTR TYPE OF INSURANCE �ADDL I:I ��:'' , POLICY NUMBER POLICY EfF IMMIDINTYYYI POLICY EXP [NIWDDPYYYYI LIMITS A. CET-'ERALLIABILnY COMMERCIAL GENERAL LIABILn t X 20141.8073NPO 6/2o/2014 9/20/2015 EACH OCCURRENCE 000 S 1,000,000 X DAMAGE TO REN a k0 PREMISE& HEtsaaaerreroel i 500,000 I GLArmIsmAGE or,OCCUR MED E(Any Ala ) ; 20,000 PERSONAL 8 ACV INJURY S 1,000,000 GENERAL AGGREGATE S 3,000,000 GEHL AGGREGATE LIMIT AP�PLIES PER: PRODUCTS-COMPAOP AGG , 000 , 000 $ 3,000,00X X POUCY I I JECT I 1LOC E AUTOMOBILE LIABILITY ANY AUTO ALL OYdiED AUTOS VIREO AUTOS SCHEDULED AUTOS NON.ONMED AUTOS ICEOMB D SINGLE WAR $ _ BODILY INJURY (Per person) E BODILY INJURY IPer co .denlI $ PROPERTY DAMAGE IPer aoo ra) S S _ USIBRELLA UAB EXCESS LIAR OCCUR EACH OCCURRENCE 5 11 CLAIMS -MADE AGGREGATE S DEO I I RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PRC:PRIETOMPARTNERIEXECUTIYE OFFICER2MENPSP EXCLUDED? (MeredatxT I:e NIB H yyeess ens: me mo= DESCRIPTION OF OPERATIONS YIN N 1 A i i I rWC STATU- I IOTH- 1 TORY [MOTS FR E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE S i $ below E.L DISEASE - POLICY LIMIT 0 DESCRIPTION OF OPERATIONS P LOCATIONS P VEHICLES (mach ACGRG WI, AQdkionti Rerysrira Sehedula. Eeemu space is eegelredl CANCELLATION City of National City 12343 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATWE Rocio Barajas/RB ACORD 26 (2010/05) .1988-2010 ACORD CORP TI0N. Ail rights reserved. INSo25 (2o1oras).oi The ACORD name and logo are registered marks of ACORD BUSINESS NAME ATTN MAILING ADDRESS NON TRANSFERABLE TiTTS clocT mENTR 4'S ATRLFe w13L'FiMC* Whtttb4l,APIltI:T: F1O1SCEMIBLI`x'T~PTCM BCiTF! 51 60274 CITY OF NATIONAL. CITY BUSINESS LICENSE CERTIFICATE PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED BUS DESCRIPTION A*» 0M,IFORNIA m° ofi Expiration 121$112Q15 BUSINESS ADDRESS 2841 HIGHLAND AVE tinioNmit car OPERATION SAMAHAN, INC OORPO hTEO —� 1428 HIGHLAND AVE NATIONAL. CITY, CA 91950-4624 POST IN A CONSPICUOUS PLACE City Manager THIS DOCUMENT'IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 60274 TOTAL CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Operation Samahan EVENT: Safe Summer Siam DATE OF EVENT: : May 16, 2015 TIME OF EVENT: 8 am to 5pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 ENGINEERING: No issues. BUILDING: No comments. PLANNING: Speakers to face away from adjacent residential uses. All activities must comply with noise levels specified by NCMC Title 12. RISK MANAGER (619) 336-4370 Risk Management has no issues with this event. PUBLIC WORKS (619)366-4580 No involvement. COMMUNITY SERVICES No involvement. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 3Wto 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) If an internal combustion power source (generator) is used for amplified sound, the device shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the sound system is not in use. 8) If internal combustion power sources (generators) are used, they shall be isolated from contact vwith the public by either physical guards, fencing or an enclosure. 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 10) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shah be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal Ptirlached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not he permitted under tents or canopies unless the rents or canopies meet State Fire Marshal approval for cooking. See Fire Marshal for required explanation. 11) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. 12) All cooking areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. See Attached 13) First Aid will be provided by primary care clinic staff located at 2743 Highland Ave. 14) Fees can only be waived by City Council. If you have any questions please feel free to contact me. POLICE The police department does not have any stipulations since this is an event they have previously done with a similar security component. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FINANCE Business License is current. CC/CDC-HA Agenda 3/17/2015 — Page 558 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Community Service Day sponsored by the City of National City Community Services Division for locations at Casa De Salud, Kimball Park / A Avenue, Fire Station 31 and Butterfly Park on Saturday April 25, 2015 from 8 a.m. to 4 p.m. (N --- CALIFORNIA - NT1'tNALC! law INCORPOR ATFp 2nd Annual Community Service Day Saturday, April 25, 2015 2014 Community Service Day Organizations involved 300 Volunteers • Multiple City Departments • A Reason to Survive (ARTS) • SDSU • Church of Latter Day Saints • First United Methodist Church • Olivewood Gardens • I Love A Clean San Diego • Sweetwater High School 20 Projects Lunch provided Last Year's Projects Projects • Painting • Mosaics • Landscaping • Building • Organizing • Clean Ups • Neighborhood Clean Ups Sites • ARTS • Senior Center • Library 2015 Community Service Day Projects Casa De Salud 1408 Harding Ave • Painting • Cleaning & Organizing • Maintenance 2015 Community Service Day Projects Fire Station #31 2333 Euclid Avenue • Landscaping • Maintenance • Painting • Artwork ICJ i 2015 Community Service Day Projects Kimball Park A Avenue at 12th Street • Mosaic Wall with Educational Components 2015 Community Service Day Projects Butterfly Park E 20th - E 22' & Palm • Landscaping • General Clean Up • Touch Up Painting Partners & Volunteer Recruitment • Multiple City Departments • A Reason to Survive (ARTS) • SDSU • Olivewood Gardens • Sweetwater High School • Church of Latter Day Saints • I Love A Clean San Diego • Additional recruitment through local churches, service clubs & businesses Sign Up To Volunteer! Register at: ftf www.NationalCityCA.gov/CSDay ` Or call (619) 336-4290 See You On April 25th! CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — Community Service Day sponsored by the City of National City Community Services Division for locations at Casa De Salud, Kimball Park / A Avenue, Fire Station 31 and Butterfly Park on Saturday April 25, 2015 from 8 a.m. to 4 p.m. PREPARED BY: Marley Rivera PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Ne iborlti +,, Services nivisinn APPROVED BY: This is a request from the Community Services Division to conduct the Commun Service Day event on Saturday April 25, 2015 from 8 a.m. to 4 p.m. Several locations throughout the City like Casa de Salud, Butterfly Park and Fire Station 31 will have service day activities which include clean-ups, painting and landscape volunteer work. In addition, ARTS (A Reason To Survive) will be installing a mosaic on the retaining wall along "A" Avenue between E. 12th Street and Kimball Park's west entrance. Fire Station 31 will also have a mural incorporated into the building design with a projected landscaped garden. This event will include the serving of lunch at each site location for all volunteers. A request for the street closure of "A" Avenue between E. 12th Street and the Kimball Park parking lot entrance is needed in order for volunteers to work on "A" Avenue. This street closure will also include the portions of the south side walk along the retaining wall of "A" Avenue. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City departments. Public Works fees are $1,863.20. Total fees due $2,100.20 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A FINAL ADOPTION: I ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: Public Concert Motion Picture __Fair _ Demonstration _ Grand Opening Event Title: .ommunity Service Dav Festival Circus Other X Community event AInrk P's rty Event Location: Casa De Salud, Kimball Park/ A Ave. Fire Station 31, Butterfly Park Event Date(s): From 4/25 to 4/25 Actual Event Hours: _8_ am to __4_ Total Anticipated Attendance: _200-300 Setup/assembly/construction Date: 4/25 Start time: 7AM ( Same Participants N/A Spectators) Please describe the scope of your setup/assembly work (specific details): Set up of check in tables and tools/supplies forproiects Dismantle Date: 4/25 Completion Time: `5 oLm List any street(s) requiring closure as a result of this event. include street name(s), day and time of closing and day and time of reopening. Close A Ave between 12th St and Kimball Park entrance in order for volunteers to work on A Ave. Sponsoring Organization: City of National City / Community Services Division Chief Officer of Organization (Name) Leslie Deese Applicant (Name): Audrey Denham Address: j0 E 12th St National City Daytime Phone: (619) 336-4243 Evening Phone: ( ) Fax: (619) E-Mail: adenhamCdlnati nalcttyca.aov Contact Person °on site' day of the event: Audrey Denham Cellular (619)857-6352_ NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO Girt OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? _X_ YES — NO Are admission, entry, vendor or participant fees required? YES X NO If YES, please explain the purpose and provide amniint(s): NIA $ N/A Estimated Gross Receipts including ticket, product and sponsorship sales fromthisevent. $ Estimated Expenses for this event. NIA What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? OVERALL EVENTt ROUTE. IVIIMMITE DIAGRA4MISANITATIOiii Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Community Service Day is an event where volunteers create proiects that will enhance National City neighborhoods. Volunteers Will help paint, landscape and clean up at Casa De Salud. Butterfly Park and Fire Station 31. In addition ARTS iA Reason To Survive) will be installing a mosaic on A Ave between the Kimball Paris entrance and 12th St. on the retaining wail. There will also be a mural incorporated Into the design at the Fire Station 31. The event will include serving lunch at each site fpr all volunteers. YES X NO if the event involves the sale of cars, Will the cars came exclusively from National City car daalr? If NO, list any additional dealers involved in the sale. _. . _YES XNO Doss the event involve the sale or use of alcoholic beverages? YES X NO Will sterns or s ervioes be sold at the event? If yes, plena describe: YES X NO Deos the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detaIed map of your proposed route indicate the direction of travel, and provbe a written narrative to explain your route. XYES ES NO Does the event involve a fixed venue a site? If YES, attach a detailed site snap showing all streets impacted by the event. YES X NO Does the event involve the use of tents or canopies? if YES: Number et tent/canopies __, Sizes • NOTE: A separate Fire Department permit Is required for tents or canopies. YES X NO Will the event involve the use of the or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. 0 Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): El Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables # and Chairs # ►�� Fencing, banners and/or barricades Generator locations and/or source of electricity Canopies or tent locations (Include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpaters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of tha event the awea must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and !Memel Security: N/A YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES X NO Is this a night event? if YES. please state how the event and surrounding area will be Illuminated to ensure safety of the participants and spectators: Please Indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: We will only need to block one or two oarkina spaces for tools and work space. Parking impact is minimal. Please describe your plan for DISABLED PARKING: Disabled parking available at_site locations Please describe your plans to notify all residents, businesses and churches Impacted by the event: Event filers will be disbibuted NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled In the Cityarks. YES X NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES X NO WTI sound amplification be used? if YES, please indicate: Start time: am/pm Finish Time am/pm YES X NO WE sound checks be conducted prior to the event? ti tES, please indicate: Start time: amtpm Finish Time em/pm Please describe the sound equipment that will be used for your event YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization CAL . [1 Person in Charge of Activity hiLdre Address / 1W / 2CLI- Y A Telephone ` 1 -Dates) of Use ,/�/V d_. HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of insurance Approved Date CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND COND➢TIONS SPONSORING ORGANIZATION: City of National City ! Community Services Division EVENT: Community Service Day DATE OF EVENT: April 25, 2015 TIME OF EVENT: 8 a.m. to 4 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [x ] NO [ ] SEE CONDITIONS [ x FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] GEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 ENGINEERING: Engineering is preparing a traffic control plan. BUILDING: No comments. PLANNING: No comments RISK MANAGER (619) 336-4370 Risk Management is satisfied with the insurance coverage for this event. All volunteers must be required to sign a Release and Waiver of Liability form prior to being allowed to perform any work associated with this event. A parent or legal guardian must sign in addition to the volunteer when the volunteer is a minor. PUBLIC WORKS (619)366-4580 We have reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below. Parks Division 1. The Park Division will have four staff members work this event like we did last year, we will assist with all landscape related details. 2. Staff will work from 7am — 5pm 10 hours 3. The cost is $46.58 per hour of overtime 40 hours =$1,863.20 Facilities Division Pending possible assignments for Facilities' staff at specific locations. Streets Division 1."No Parking" signs 2. Barricades 3. Equipment 4. Man Hrs. 5. Overtime 6. Sidewalk close signs 7. Street close sings COMMUNITY SERVICES 10x$0.45 10x$0.35= 6 x $19.09 = 2 x $65.14 = 4 x $48.86 = 2x$ 1.00= 2x$ 1.00= $ 9.00 $ 3.50 $ 114.54 $ 130.28 $ 192.24 $ 2.00 $ 2.00 Total $ 453.56 The Community Services Department is organizing Community Service Day, which includes volunteer recruitment, logistics and general oversight. City staff will be assisting with a check in and information booth at each project location. The City will be soliciting donations in order to provide lunch for the volunteers; in some cases the City will have to purchase some lunch items. FIRE (619) 336-4550 NO INSPECTION REQUIRED Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times. If access is needed during an emergency, organizers shall make the roadway ready for emergency traffic. 2) Fire Hydrants shall not be blocked or obstructed. 3) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 4) Vehicies in roadway are to move immediately to the right upon approach of emergency vehicle(s). 5) First Aid shall be provided by organization. POLICE No stipulations. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FINANCE All vendors must have a current National City business license. CC/CDC-HA Agenda 3/17/2015 — Page 579 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit —St. Anthony of Padua Church presentation of the "Stations of the Cross" starting at 410 W. 18th Street on April 3, 2015 from 3 p.m. to 4 p.m. with no waivers of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 17, 2015 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit —St. Anthony of Padua Church presentation of the "Stations of the Cross" starting at 410 W. 18th Street on April 3, 2015 from 3 p.m. to 4 p.m. with no waivers of tees. e LesAkED BY: Vial ley Rivera PHONE: 019) 336-4364 EXPLANATION: DEPARTMENT: NeThborhti �rvic es Division APPROVED BY: �--' + : j v This is a request from St. Anthony's Church to conduct it's representation of the passion and death of Jesus Christ. Event begins on church grounds and then followers will walk the following route using sidewalks from Harding Avenue south to W.19th Street then east towards the Paradise Creek area. From this location, the walk route will use the creek pedestrian bridge and will continue north towards Hoover Avenue and then westbound on W.18th Street to Wilson Avenue. The walk will then continue southbound on Wilson Avenue to the corner vacant church lot on W. 19th Street and then proceed and finish inside the church. During the walk, amplified sound will be used for certain prayers to reflect the presentation and the incidents from station to station. The walking group will have church staff and volunteers wearing reflective vest to assist and make sure that no obstruction with traffic occurs and that street crossings are conducted in a safe manner with respect to the rules of the road. This event was approved last year by City Council with no waiver of fees. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City departments. Total Fees are $237.00. ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. 1 41" 1' Anq." 4414 r Y rJ• - 4�y.._ ew r • #il' J {� -t, s:'* A. •tir,.r 4 { ;74,r,0 f i`f., w Wwi•' k i 40 a Type of Event: _ Public Concert _ Fair _ Parade _ Demonstration Motion Picture Grand Opening Event Title: Stations of the Cross _Festival Circus Other X Community event Block Panty Event Location: St. Anthony Church and surrounding marked areas Event Date(s): From 04 j; 1,% to 04 3 Actual Event Hours: 3:00 am/pm to 4:00 arn/pm Total Anticipated Attendance: 300 (50 Participants 250 Spectators) Setup/assembly/construction Date: NIA Start time: N/A Please describe the scope of your setup/assembly work (specific details): N/A Dismantle Date: N/A Completion Time: NIA amfpm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Walking path will use sidewalks and respect road rules of designated areas for stations of the cross. Sponsoring Organization: Saint Anthony of Padua Church Chief Officer of Organization (Name) Rev. Jose Edmundo Zarate-Suarez Applicant (Name): Saint Anthony of Padua Church Address: 410 W. 18th Street, National City Ca 91850 Daytime Phone: (619) 477-4520 Evening Phone: ( ) Fax: ( ) 477-8708 S_Mail: stanthonyofpadua@sbcglobal.net Contact Person "on site" day of the event: Rev. Zarate Cellular: 619-259-4641 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS M R Is your organization a "Tax Exempt, nonprofit" organization? XYES _ NO Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): er ES rt NU $ N/A Estimated Gross Receipts including ticket, product and sponsorship sales from this event. N f A Estimated Expenses for this event. $ N/A What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. This event is a representation of the passion and death of Jesusschrist. It begins in front of St Anthonys Church and will go south on Harding Avenue to W. 19th Street where it will then go east on W.19th Street to the area of Paradise Creek. We will then access the walking bridge and go north onto Hoover Avenue and the west on W.18th Street. At the corner of W.18111 Street and Wilson Avenue we will then head south on Wilson Avenue arriving on our comer vacant tot on W.19th Street and then proceed and finish event inside the Church building. Participants will follow these routes using the public sidewalks and resoectina the rules of the road at all street crossing intersections. Crossing guard staff will be wearing reflective vest and assist for traffic safety when walking. YES ?NO if the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale:/f. _ YES X NO Does the event involve the sale or use of alcohoic beverages? YES X NO WiI limns or services be sold al the event? If yes, please describe: ,(YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES . NO Does the event Involve a limed venue site? If YES, attach a detailed site map showing alt streets Impacted by the event. _ YES ,1�, NO Does the event involve the use of terns or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department prorate required for irk or canopies. YES NO MI the event Involve the use of the Q or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following Items: EAlcoholic and Nonalcoholc Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food In the event area please spedfy the method: GAS _ELECTRIC CHARCOAL OTHER (Specify): A%�i� Portable and/or Penmanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the Irramodiate area avdlable to the public during the event) I_ Tables aR and Chaff ft Fendng, barriers and/or barricades Genitor lormttorre an/or evArce. of electricity — Canopies or tent locations (include tent/canopy daimeneions) Booths, exhibits, displays or enclosures r'-- Scaffolding, bleacher%, p1>atforms, stages, grandstands or related ein ctures Vehicles a and/or trailers 1.— Other related event components not covered above Trash cxcntsr end dumpeteras (Note: You must properly dispose of waste and garbage throughout of your event and immediately upon concluripf the event the area must be retumed r condition.) Number of trash tens: Trash containers with !Ids: fI/4 Describe your plan for dean -up and rerno7 I of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: Church staff & volunteers will assist with walking groups on the pubic side walks to assure sarety when crossing streets. If NCPD is available for extra patrol, would be great tut not required as we wli respect the traffic rules. YESNO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES X, NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. First Aid Kits available with staff and emergency will notify proper authorities. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Sidewalk access and designated parking. Please provide a detailed description of your PARKING plan: Church members will use church perking end pudic street perkL1g. Please describe your plan for DISABLED PARKING: Disabled parking ensile. Please describe your plans to notify all residents, businesses and churches impacted by the event: .+N/✓9r2+6/('iE •dbader.e „h 04,yS Awe, ®ol io<� �sh✓� . NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES P(NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES __. NO WII sound amplification be used? If YES, please indicate: Start time: 3:00 am/pm Finish Time 4:00 am/pm YES 46. NO VVIII sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES _, (NO Fireworks, rockets, or other pyrotechnics? if YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: )14M vn $ ;�.,v, -2 f /V Wei ot-e// pi.9i326r�v�T-,-�. Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to nren ide u erkin;en. ten of wi .flvv.rivv co' 'b"edi .cile iin:it insurance few bod,l;! injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization 1S7- /94h671 p, paw cAocciz, Person in Charge of Activity &v e-d 2t go- Address /11.1 'f i 4'7p' e e r i�abtoiouf clv9/ 9' " ) Telephone ‘/".‘ / 77—CXf 01O1 Date(s) of Use 09j.' A,5 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. re of Applicant 0 iaij1e Date / For Office Use Only Certificate of Insurance Approved Date L. 4 . - .4,.. • . .,;.1, , i4 -: is, ,-- ,,- . • ,::-.-. . k i ‘ • 5 2=. ,,li ''. :1A .' ' . : t• ' ‘ '; • • • t. ' .• ... % i ! ..7.‘ • V't ^ ,-.;;i'l''• 1..."- '. \ ‘ \• 'T le 1 AV '4. \ ,, \ - 4`• ; .(4'4 ' "4 • : !.% ---;_l 3 , "i" ' It •,.: 1 t - i AN:. 44..1 ,..- ...k ' ,,, - *, ' t :V° t • 0.4 .4, . ,. 0" t'- `0, tit, 4 .., '''A t r 4.- 1:•111,... .a. • ., ' t jr . r'l. -14:'''' N I '! 4 ' 5: . ? SIP ' A.AL' "''` -- - a WV. X• It t .r a ' . • ,,44't; ': .,,, . ,... . . c , . r . . . 4!. -il A•1;:%•ijj‘ at 4 ;, . .4. .901. — - N. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St Anthony of Padua Church EVENT: Stations of the Cross DATE OF EVENT: April 3, 2015 — 3:00 p.m. to 4:00 p.m. APPROVALS' COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: POLICE (619) 336-4400 The police department does not have any stipulations or see any issues. Patrol sergeants will be advised to provide extra patrol in the area. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. '-1 Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. 4) All cooking booths or areas to have one 2A:10BC. if grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. Extinguisher to be mounted in a visible location between 3'/' to 5' from the floor to the top of the extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. All fire extinguishers to have a current "State Fire Marshal Tag" attached. Please see attached example 5) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire i;arshai approvai for cooking. If cooking is to be done, a ten feet separation shall be ircafr tineei font cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. Canopies: Tents: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - 201 — (+) sf - $200.00 $400.00 6) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 7) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" Only. 8) A map is to be submitted describing layout of event. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas and grounds surrounding the event. 10) First Aid will he provided by organization. DEVELOPMENT SERVICES BUILDING: No comments. PLANNING: Speakers to face away from residential properties. All activities to comply with Title 12 (Noise) of the NCMC. Es GIPI MIERNG: No uurrirnents. PUBLIC WORKS 336-4580 No involvement. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER Applicant to provide endorsement CG 2010 naming the City of National City as an additional named insured as noted on the certificate. COMMUNITY SERVICES No comments. CC/CDC-HA Agenda 3/17/2015 — Page 591 The following page(s) contain the backup material for Agenda Item: Update on San Diego Unified Port District Integrated Planning Process (City Manager Office) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: [March 17, 2015 ITEM TITLE: Update on San Diego Unified Port District Integrated Planning Process PREPARED BY: Brad Raulston PHONE: 019-336-4256 EXPLANATION: See attached staff report., AGENDA ITEM NO. DEPARTMENT: C' ager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NA ENVIRONMENTAL REVIEW: N/Aj ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: 1. 1Staff Report