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Home My WebLink Aboutcc111715 (3)AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CJTV ytt J J INCORPORATED 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.NATIONALCI TYCA. GO V COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, NOVEMBER 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. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of CC/CDC-HA Agenda 11/17/2015 — Page 2 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 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 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 11 / 17/2015 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS 1. Introduction of new employee: Diana Ramos, Executive Assistant II (Human Resources) PRESENTATIONS 2. SDG&E Electric Vehicle Grid Integration Proposal - Kevin O'Beirne, SDG&E Customer Solutions Manager 3. Update on National School Districts Proposition N - Dr. Chris Oram, Superintendent INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 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) 5. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of . (City Clerk) 6. Resolution of the Council of the City of National City authorizing the Mayor to execute an Agreement with Dokken Engineering, Inc. for a not -to - exceed amount of $100,000 to provide engineering and construction support services for Plaza Boulevard Widening Project. (Engineering/Public Works) CC/CDC-HA Agenda 11 / 17/2015 — Page 4 7. Resolution of the City Council of the City of National City approving the issuance by the California Statewide Communities Development Authority of multifamily housing revenue bonds in one or more series from time to time, and at no time to exceed $35,000,000 in outstanding aggregate principal amount to finance the development of Paradise Creek Housing II, a 91-unit multifamily rental housing project located at 2200 and 2020 Hoover Avenue in National City. (Housing, Grants, & Asset Management) 8. Warrant Register #13 for the period of 09/23/15 through 09/29/15 in the amount of $2,306,877.00. (Finance) 9. Warrant Register #14 for the period of 09/30/15 through 10/06/15 in the amount of $1,616,351.05. (Finance) 10. Warrant Register #15 for the period of 10/07/15 through 10/13/15 in the amount of $1,289,793.95. (Finance) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Third Amendment to the Agreement by and between the City of National City and Chandler Asset Management, Inc., extending the agreement for investment management and advisory services to November 15, 2016. (Finance) 12. Resolution of the City Council of the City of National City approving a Conditional Use Permit for a Wireless Communications Facility located at 205 Highland Avenue. (Applicant: Verizon Wireless) (Case File 2015-02 CUP) (Planning) 13. Resolution of the City Council of the City of National City, 1) accepting an Active Transportation Grant Program (ATGP) grant award in the amount of $50,000 through the San Diego Association of Governments (SANDAG) for the National City Bicycle Parking Enhancements project; 2) authorizing the City Manager to execute the Grant Agreement; and 3) establishing corresponding appropriations for the ATGP grant (a grant match of $10,000 is required). (Engineering/Public Works) 14. Resolution of the City Council of the City of National City, 1) accepting a TransNet Smart Growth Incentive Grant Program (SGIP) grant award in the amount of $2,000,000 through the San Diego Association of Governments (SANDAG) for the Westside Mobility Improvements project; CC/CDC-HA Agenda 11 / 17/2015 — Page 5 2) authorizing the City Manager to execute the Grant Agreement; and 3) establishing corresponding appropriations for the SGIP grant (a grant match of $200,000 is required). (Engineering/Public Works) 15. Resolution of the City Council of the City of National City, 1) accepting a TransNet Smart Growth Incentive Grant Program (SGIP) grant award in the amount of $320,000 through the San Diego Association of Governments (SANDAG) for the Downtown Specific Plan Update; 2) authorizing the City Manager to execute the Grant Agreement; and 3) establishing corresponding appropriations for the SGIP grant (a grant match of $50,000 is required). (Engineering/Public Works) 16. Resolution of the City Council of the City of National City, 1) accepting a TransNet Smart Growth Incentive Grant Program (SGIP) grant award in the amount of $825,000 through the San Diego Association of Governments (SANDAG) for the Downtown-Westside Wayfinding and Community Gateways project; 2) authorizing the City Manager to execute the Grant Agreement; and 3) establishing corresponding appropriations for the SGIP grant (a grant match of $200,000 is required). (Engineering/Public Works) NEW BUSINESS 17. Temporary Use Permit - "Christmas with Kids" hosted by Christmas with Kids at 223 E. 3rd Street on December 25, 2015 from 6 a.m. to 10:30 a.m. The applicant requested a waiver of fees. (Neighborhood Services) 18. Notice of Decision — Planning Commission approval of a Conditional Use Permit for alcohol sales at Chipotle Restaurant located at 404 Mile of Cars Way. (Applicant: Chipotle Mexican Grill, Inc.) (Case File 2015-18 CUP) (Planning) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CC/CDC-HA Agenda 11/17/2015 — Page 6 CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - December 1, 2015 - 6:00 p.m. - Council Chambers - National City, California CC/CDC-HA Agenda 11/17/2015 — Page 7 The following page(s) contain the backup material for Agenda Item: SDG&E Electric Vehicle Grid Integration Proposal - Kevin O'Beirne, SDG&E Customer Solutions Manager Item # November 17, 2015 SDG&E's Electric Vehicle Grid Integration Proposal Kevin O'Beirne SDG&E Customer Solutions Manager CC/CDC-HA Agenda 11/17/2015 — Page 9 The following page(s) contain the backup material for Agenda Item: Resolution of the Council of the City of National City authorizing the Mayor to execute an Agreement with Dokken Engineering, Inc. for a not -to -exceed amount of $100,000 to provide engineering and construction support services for Plaza Boulevard Widening CITY OF NATIONAL CITY, CALIFORNIA ('fly.IMCIL AGENDA STATEMENT MEETING DATE November 17, 2015 AGENDA ITEM NO: ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Dokken Engineering, Inc. for a not -to -exceed amount of $100,000 to provide engineering and construction support services for Plaza Boulevard Widening Project. PREPARED BY; Stephen Manganielio PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT -7ngineerir.g/PrPhHP Woricr APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED 325-409-500-598-6569 (Transportation DIF - Plaza Blvd Widening): $100,000.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: .s� ._obi resolution )lltl.ot_T, executing an Agreement with Dokken Engineering, Inc. for a not -to -exceed 3."_'',:?':i+ Cf $100,000 to provide engineering and construction support services for Plaza Boulevard Widening Project. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: Dokken Engineering, Inc. was retained by the City of National City through a competitive process to provide engineering services for the Plaza Boulevard Widening Project. The original Agreement was authorized by City Council or November 21, 2006 per Resolutiuii No. 2006-226. This agreement, and subsequent amendments, has since expired. While under contract, Dokken Engineering prepared a complete set of construction plans and technical specifications for the widening of Plaza Boulevard between Highland Avenue and Euclid Avenue. Due to a shortfall in construction funding, staff was unable to advertise the project for public bidding. Through adoption of the City's 5-Year CIP, the project has since been divided into three phases in an effort to construction portions of the project based on available funding. Currently, funding is available to construct Phase 1 from Palm Ave to 1-805. In addition, most of the funding to construct Phase II from Highland Avenue to Palm Avenue has been secured, with remaining funds projected to be available in the first quarter of Fiscal Year 2017. The plans and technical specifications are now approaching five years old. As such, they need to be updated to ensure compliance with current design standards. Since Dokken Engineering served as the Engineer of Record for preparation of the original plans, they are the most qualified by experience and ability to complete the revisions. The scope of services for this Agreement consists of professional engineering services for Phases I and II including, but not limited to, revision of plans and specifications to ensure compliance with current design standards, cost estimates, special provisions, utility coordination, surveying, construction support and preparation of record drawings. The Agreement is for a not -to -exceed amount of $100,000 and a term of two years. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DOKKEN ENGINEERING, INC. THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and DOKKEN ENGINEERING, INC., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide professional engineering and construction support services for the Plaza Boulevard Widening Project. WHEREAS, on November 21, 2006, through City Council Resolution No. 2006-226, the CITY and the CONSULTANT entered into an Agreement whereby the CONSULTANT would provide professional engineering services, including preparation of plans, specifications and estimates, for the Plaza Boulevard Widening Project. WHEREAS, through said Agreement, which has subsequently expired, the CONSULTANT, while serving as the Engineer of Record, prepared a complete set of construction plans and technical specifications for the Plaza Boulevard Widening Project. WHEREAS, due to a shortfall in construction funding, the project could not be advertised for public bidding; subsequently, the plans and specifications are no longer valid and need to be revised to ensure compliance with current design standards. WHEREAS, the CONSULTANT, as the Engineer of Record, is most qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terns aryl conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTNE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 17, 2015. The duration of this Agreement is for the period of November 17, 2015 through November 16, 2017. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through November 16, 2018. 3. SCOPE OF SERVICES. The CONSULTANT will perform professional engineering services as set forth in the attached Exhibit "A", including, but not limited to, revision of plans and specifications to ensure compliance with current design standards, cost estimates, special provisions, utility coordination, surveying, construction support and preparation of record drawings. The CONSTTT TA NT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as needed to keep staff and City Council advised of the progress on the Project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works / City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Mark Tarrall, P.E. thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any, consistent with Exhibit "B". The total cost for all work described described in Exhibit "A" shall not exceed $100,000 (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the Project Coordinator. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the terra of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The City shalt decide any and all questions which may arise as to the quality or acceptability of the services perforred and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. 2 City of National City and Dokken Engineering, Inc. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITIONAND �DOCLii6 EN'i S. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and. shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the City of National City and Dokken Engineering, Inc. CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSIJI.TANT'S employees, except as herein set forth, and the CONSULTANT or the CONS- 4 1A I S agents, servants, or ernployee3 are not in any mariner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shah comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that arc legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under. similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation roceedings concernin the CONSULTANT'S rofessional performance or the --a-"'- - - p- - - - o --g the ate- - r furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified., then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are 4 City of National City and Dokken Engineering, Inc. reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any 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 CONSULTANT -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 CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. Y. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by 5 City of National City and Dokken Engineering, Lie. anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California the applirabl provisions of Division 4 and 5 of the California Go r rnnient Curie and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCOP.SULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, and Umbrella Liability Insurance with minimum limits of $5,000,000, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with lirnits of at least $1,000,000 per accident. In addition, the policy sh.aii be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not 6 City of National City and Dokken Engineering, Inc. contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. ;l. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and fra ci a. size category rating of not aes3 than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CI . g ' S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorriey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence 7 City of National City and Dokken Engineering, lnc. and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in a material breach o f this Agreement, a.: the the everts of ur2ac..E of uai� misrepresentation by ute CONSULTANT in connection with the formation of this Agreement or the performance of services, or tb.e failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the Urdted States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company pany with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 8 City of National City and Ookken Engin` er.nw, Inc. To CITY: Stephen Manganiello Director of Public Works / City Engineer Engineering & Public Works Department City of National City 1.243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Mark Tarrall, P.E. Project Manager Dokken Engineering, Inc. 5675 Ruffin Road, Suite 250 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 0 If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts 9 City of National City and Dokken Engineering, Inc. as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to detenrnine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. E. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. 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. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 1. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L_ 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, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party 10 City of National City and Dokken Engineering, Inc. has agreed to enter into this Agreement tbllowing such review and the rendering of such advice, and (vi) 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 hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY DOi N NGINEERING, INC. By: By: Ron Morrison, Mayor Rick Liptak, President APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 11 By: Cathy Chan, Secretary City of National City and Dokken Engineering, Inc. CC/CDC-HA Agenda 11/17/2015 — Page 23 The following page(s) contain the backup material for Agenda Item: Warrant Register #13 for the period of 09/23/15 through 09/29/15 in the amount of $2,306,877.00. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #13 for the period of 09/23/15 through 09/29/15 in the amount of $2,306,877.00. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Flnanc PHONE: 619-336-4572 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 09/23/15 through 09/29/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Kimley Horn and Assoc Inc Project Professionals Corp EC Constructors Inc LB Civil Construction Inc Snap On Industrial Public Emp Retirement System 319752 319774 319800 319809 319823 9292015 104,044.39 60,832.06 139,077.57 376,628.65 57,224.09 338,642.89 Downtown Westside Connect 12th and D Roundabout National City Aquatic Ctr A Avenue Green St Improvement Space -Saving Tools / Parts Service Period 09/01/15 - 9/14/15 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,306,877.00 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,306,877.00 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #13 CAL1F0 NIA 1/2 PAYEE KIMLEY HORN AND ASSOC INC BEST BEST & KRIEGER ATTNY LAW BURKE WILLIAMS & SORENSEN LLP CAMP SAN LUIS OBISPO CEB COMMERCIAL AQUATIC SERVICE [NC D PREP L L C D-MAX ENGINEERING GONZALES, R GROSSMAN PSYCHOLOGICAL INDEPENDENT FORENSIC SERVICES KLOS, F KONICA MINOLTA LIEBERT CASSIDY WHITMORE LIEBERT CASSIDY WHITMORE LONG, D MAN K9 INC MC GOUGH, J MERCURY INSURANCE COMPANY NUTTALL, M ORANGE COUNTY SHERIFF'S DEPT PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RAULSTON, B REGIONAL TRAINING CENTER REGIONAL TRAINING CENTER RIVERSIDE COUNTY SHERIFF DEPT SAINZ, L SAN BERNARDINO COUNTY STAPLES ADVANTAGE TELLEZ, J TRAINING FOR SAFETY INC U S HEALTHWORKS WEST PAYMENT CENTER ALDEMCO ALL FRESH PRODUCTS AT&T AT&T MOBILITY CALIFORNIA DIESEL COMPLIANCE COAST INDUSTRIAL SYSTEMS, INC. COMMERCIAL AQUATIC SERVICE INC COX COMMUNICATIONS MELENDEZ, D DEEPNET SECURITY LIMITED DOKKEN ENGINEERING ACCOUNTING UNIT DUNBARARMORED INC EC CONSTRUCTORS INC NATIONAL 1217 arcoarentilTsv WARRANT REGISTER #13 9/29/2015 DESCRIPTION DOWNTOWN WESTSIDE CONNECT LEGAL / PROFESSIONAL SERVICES LEGAL / PROFESSIONAL SERVICES CERTIFICATES PROCESSING FEE / FIRE CA LAND USE PRACTICE UPDATE REGISTRATION: POOL OPERATOR / PW TUITION: OFFICER INVOLVED SHOOTING NC STORM WATER SERVICES SUBSISTENCE: CRIME SCENE INVESTIGATION PRE -EMPLOYMENT EVALUATIONS / POLICE CHILD ABUSE EXAMS / POLICE SUBSISTENCE: 24-HR PERISHABLE SKILLS COPIER EQUIPMENT LEASE LEGAL / PROFESSIONAL SERVICES REGISTRATION FEE FOR WEBINAR SUBSISTENCE: FIELD TRAINING OFFICER MONTHLY MAINTENANCE FOR K9 TRAINING SUBSISTENCE: 24-HR PERISHABLE SKILLS LIABILITY CLAIM COST SUBSISTENCE: 24-HR PERISHABLE SKILLS TUITION: FIELD TRAINING OFFICER 319772 MOP 45707 MISC SUPPLIES - NSD 319773 12TH AND D ROUNDABOUT 319774 MOP 45742 LAUNDRY SVC - NSD 319775 REIMB: DURING EPA CONFERENCE TRIP 319776 COMPENSATION TRAINING COURSE / HR 319777 EXAMINATION DEV & ADMIN TRAINING COURSE / HF 319778 TUITION: 24-HR PERISHABLE SKILLS 319779 REIMB: ACCESSIBILITY TRAINING 319780 TUITION: CRIME SCENE INVESTIGATION MOP 45704 OFFICE SUPPLIES - PD REIMB: CPOA LEGAL SVC PROGRAM TUITION: ADVANCED DISPATCHER UPDATE PRE -EMPLOYMENT PHYSICAL EXAM UPDATED CA CODE BOOKS CONSUMABLES- NUTRITION CENTER CONSUMABLES- NUTRITION CENTER PHONE SERVICES / 8/13/15 - 9/12/15 WIRELESS SERVICE / 8/06/15 - 9/05/15 DOC CLEAN METHOD INBOUND FLOW/PW FLAT TIP 18-20" / STREETS SUPPLIES FOR LAS PALMAS POOL / PW INTERNET SERVICE / SEPTEMBER LIABILITY CLAIM COSTS / SETTLEMENT SUPPORT RENEWAL / MIS PLAZA BLVD PS&E NC PUBLIC WORKS YARD REPORTING ARMORED SERVICES / FINANCE NATIONAL CITY AQUATIC CTR CHK NO 319752 319753 319754 319755 319756 319757 319758 319759 319760 319761 319762 319763 319764 319765 319766 319767 319768 319769 319770 319771 319781 319782 319783 319784 319785 319786 319787 319788 319789 319790 319791 319792 319793 319794 319795 319796 319797 319798 319799 319800 DATE AMOUNT 9/28/15 104,044.39 9/29/15 911.55 9/29/15 10,431.00 9/29/15 30.00 9/29/15 224.95 9/29/15 395.00 9/29/15 223,00 9/29/15 32,483.30 9/29/15 1,280.00 9/29/15 4,475.00 9/29/15 1,250.00 9/29/15 384.00 9/29/15 17,608.07 9/29/15 5,837.70 9/29/15 60.00 9/29/15 640.00 9/29/15 1,690.00 9/29/15 384.00 9/29/15 2,342.08 9/29/15 384.00 9/29/15 80.00 9/29/15 76.74 9/29/15 60,832.06 9/29/15 394.76 9/29/15 61.70 9/29/15 239.00 9/29/15 239.00 9/29/15 320.00 9/29/15 150.00 9/29/15 495.00 9/29/15 2,444.75 9/29/15 470.00 9/29/15 592.00 9/29/15 986.00 9/29/15 151.56 9/29/15 1,717.43 9/29/15 721.83 9/29/15 7,327.70 9/29/15 2,259.85 9/29/15 120.00 9/29/15 85.10 9/29/15 2,960.99 9/29/15 49.66 9/29/15 30,000.00 9/29/15 1,110.00 9/29/15 5,248.93 9/29/15 4,357.56 9/29/15 599.43 9/29/15 139,077.57 -0- c 11-` F O,R N,f A 2/2 PAYEE EQUIFAX INFORMATION SVCS ESGIL CORPORATION EXPERIAN FUN FLICKS OUTDOOR MOVIES IBM INNOVATIVE CONSTRUCTION IRON MOUNTAIN L B CIVIL CONSTRUCTION INC MAN K9 INC MARLO'S AUTO SPECIALTIES MASON'S SAW MAZZARELLA & MAZZARELLA LLP MOBILE WIRELESS LLC ORKIN PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY ROADLINE PRODUCTS INC SAFDIE RABINES ARCHITECTS SAN DIEGO GAS & ELECTRIC SDG&E SEAPORT MEAT COMPANY SNAP ON INDUSTRIAL SONSRAY MACHINERY LLC SOUTHERN CALIFORNIA SOIL SOUTHWEST SIGNAL SERVICE STC TRAFFIC INC TOM MOYNAHAN TORREY PINES BANK TURNER'S PORTABLE WELDING U S BANK VCA EMERGENCY ANIMAL HOSPITAL WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 20 9/15/2015 NATIONAL arry. L- INco$poaAT WARRANT REGISTER #13 9/29/2015 DESCRIPTION EQUIFAX SERVICES / S8 PLAN CHECK SERVICES / BUILDING CREDIT CHECKS/INVESTIGATIONS- PD 32' PREMIERE MOVIE SCREEN / CSD MESSAGE QUEUE RENEWAL / MIS A AVE GREEN ST IMPROVE RECORDS/DOCUMENT STORAGE A AVENUE GREEN ST IMPROVE TRI-TRONICS HOLSTER / POLICE REMOVE AND REPLACE FRONT BUMPER / PW MOP 45729. SUPPLIES / FIRE DEPT LEGAL/ROSENOW, SPEVACEK GROUP/ S A NETMOTION PREMIUM MAINTENANCE / MIS PEST CONTROL MAINTENANCE SVCS MOP 45707. SUPPLIES / FIRE DEPT HIGHLAND AVE SAFETY ENHANCEMENTS MOP 45742. LAUNDRY SERVICES / FIRE REPAIR KIT / PW NATIONAL CITY AQUATIC CTR GAS & ELECTRIC - NUTRITON CENTER GAS AND ELECTRIC UTILITIES / S A FOOD / NUTRITION CENTER SPACE -SAVING TOOLS/PARTS SWITCH, NC 12B03 / PW 12TH AND D AVE INV 52009/ TRAFFIC SIGNAL SERVICES 2015 HSIP CYCLE 7 GRANT APP MOP 45734. TOWING SERVICES / POLICE NATIONAL CITY AQUATIC CTR REPAIR TREE TRIMMING TRUCK / PARKS CREDIT CARD EXPENSES / FIRE STRAY ANIMAL VET CARE I POLICE SERVICE PERIOD 09/01/15 - 09/14/15 End Date Check Date 9/28/2015 10/7/2015 CHK NO DATE AMOUNT 319801 9/29/15 212.93 319802 9/29/15 31,374.40 319803 9/29/15 64.30 319804 9/29/15 1,095.43 319805 9/29/15 2,052.59 319806 9/29/15 32,821.50 319807 9/29/15 153.92 319808 9/29/15 376,628.65 319809 9/29/15 220.24 319810 9/29/15 497.68 319811 9/29/15 104.71 319812 9/29/15 220.50 319813 9/29/15 4,028.00 319814 9/29/15 403.39 319815 9/29/15 119.18 319816 9/29/15 17,552.34 319817 9/29/15 75.00 319818 9/29/15 347.45 319819 9/29/15 7,747.50 319820 9/29/15 3,049.49 319821 9/29/15 332.95 319822 9/29/15 536.86 319823 9/29/15 57,224.09 319824 9/29/15 121.30 319825 9/29/15 14,534.00 319826 9/29/15 24,945.32 319827 9/29/15 43,803.44 319828 9/29/15 40.00 319829 9/29/15 7,319.87 319830 9/29/15 2,125.00 319831 9/29/15 190.00 319832 9/29/15 377.53 A/P Total 1,078,566.42 9292015 9/29/15 338,642.89 889,667.69 GRAND TOTAL $ 2,306,877.00 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, 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 NOVEMBER, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 11/17/2015 — Page 28 The following page(s) contain the backup material for Agenda Item: Warrant Register #14 for the period of 09/30/15 through 10/06/15 in the amount of $1,616,351.05. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #14 for the period of 09/30/15 through 10/06/15 in the amount of $1,616,351.05. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: PHONE: 619-336-4572 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 09/30/15 through 10/06/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Folsom Lake Ford Check/Wire Amount Explanation 319900 246,969.33 FL6219-FL6258/2015 Ford Vehicles PD Health Net Inc 319912 69,613.17 Health Net Ins R1192A Oct 2015 Kaiser Foundation Health Plans 319925 22,720.85 Kaiser Retiree Ins Oct 2015 SDG&E 319981 70,450.51 SDG&E Utilities FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,616,351.05 APPROVED: APPROVED: 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 $1,616,351.05 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #14 Finance MIS 1/5 PAYEE 1903 SOLUTIONS LLC ACCOUNTING UNIT ACCOUNTING UNIT ACE UNIFORMS & ACCESSORIES INC ACEDO, I ACME SAFETY & SUPPLY CORP AFLAC ALDEMCO ALERT -ALL CORPORATION ALL FRESH PRODUCTS AMERICAN BACKFLOW SPECIALTIES ANDERSON, E AQCS ENVIRONMENTAL ARGUS HAZCO AT&T AT&T BAILEY, J BARAHURA, D BARAWED, C BEARD, P BECK, L BEST BEST & KRIEGER ATTNY LAW BISHOP, R BJ'S RENTALS BLACKIE'S TROPHIES AND AWARDS BOEGLER, C BOGLE, J BOOT WORLD BOYD JR, P BPI PLUMBING CAPF CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CARRILLO, R CHILDREN'S HOSPITAL CLARKS SECURITY COLE, L COLON, B COMMERCIAL AQUATIC SERVICE INC CONDON, D CORPUZ, T COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CPP PRINTING DPREP LLC DANESHFAR, Z DANIELS TIRE SERVICE NATIONALCiry WARRANT REGISTER #14 10/6/2015 DESCRIPTION FORTIGATE 1000C RENEWAL FIREWALL / MIS EPA ID FEE VQ NUMBER 201530786 / ENG EPA ID FEE VQ NUMBER 201530785 / ENG POLICE UNIFORMS RETIREE HEALTH BENEFITS - OCT 2015 12 X 24 CORPLAST SIGN / PW AFLAC ACCT BDM36 OCTOBER 2015 CONSUMABLES- NUTRITION CENTER GIVEAWAY SUPPLIES / FIRE CONSUMABLES- NUTRITION CENTER PLUMBING SUPPLIES / PW RETIREE HEALTH BENEFITS - OCT 2015 SERVICES JULY 2015 / ENGINEERING RKIOS-BM2/RKI-2009 02 SENSOR / FIRE PHONE SERVICES / 4/13/15 - 5/12/15 PHONE SERVICES / 9/13/15-10/12/15 REFUND BUSINESS TAX PAID DISPATCHER UPDATE PUBLIC SAFETY TRAINING REIMB BASIC SWAT ACADEMY CLASS RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 REGIONAL PERMIT PETITION RETIREE HEALTH BENEFITS - OCT 2015 CONCRETE 5 SACK 1/2 YARD / PW MOP 67727 METAL NAME TAG RETIREE HEALTH BENEFITS - OCT 2015 REIMB TRAVEL EXPENSE WORKSHOP MOP# 64096 WEARING APPAREL RETIREE HEALTH BENEFITS - OCT 2015 CITY WIDE PLUMBING SERVICE AND REPAIRS FIRE LTD OCTOBER 2015 MOP# 45698 ELECTRICAL SUPPLIES PD LTD OCTOBER 2015 RETIREE HEALTH BENEFITS - OCT 2015 CHILD ABUSE EXAMS / POLICE TRAINING 1 LOCKSMITH COURSE / PW RETIREE HEALTH BENEFITS - OCT 2015 INSURANCE PREMIUM DEDUCTION SEP 2015 WHISPERFLO PUMP FILTER / PW RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 UNIFIED PROGRAM FACILITY PERMIT / FIRE HAZARDOUS MATERIALS PERMIT EL TOYON-LAS PALMAS BICYCLE PROJECT REGIONAL COMMUNICATIONS SYSTEMS 1500 POST CARDS ENGLISH / POLICE TUITION OFFICER INVOLVED SHOOTING RETIREE HEALTH BENEFITS - OCT 2015 TIRES FOR CITY FLEET CHK NO DATE AMOUNT 319833 10/6/15 6,190.00 319834 10/6/15 232.50 319835 10/6/15 225.00 319836 10/6/15 219.21 319837 10/6/15 160.00 319838 10/6/15 272.50 319839 10/6/15 653.00 319840 10/6/15 3,079.14 319841 10/6/15 2,046.47 319842 10/6/15 939.20 319843 10015 681.59 319844 10/6/15 110.00 319845 10/6/15 740.00 319846 10/6/15 495.96 319847 10/6/15 2,788.86 319848 10/6/15 145.08 319849 10/6/15 50.00 319850 10/6/15 384.00 319851 10/6/15 435.46 319852 10/6/15 70.00 319853 10/6/15 140.00 319854 10/6/15 1,196.00 319855 10/6/15 110.00 319856 10/6/15 138.00 319857 10/6/15 75.60 319858 10/6/15 260.00 319859 10/6/15 100.91 319860 10/6/15 87.46 319861 10/6/15 145.00 319862 10/6/15 237.50 319863 10/6/15 624.00 319864 10/6/15 497.77 319865 10/6/15 1,960.00 319866 10/6/15 290.00 319867 10/6/15 448.00 319868 10/6/15 540.00 319869 10/6/15 165.00 319870 10/6/15 399.06 319871 10/6/15 5,240.89 319872 10/6/15 280.00 319873 10/6/15 140.00 319874 10/6/15 502.00 319875 10/6/15 150.00 319876 10/6/15 50.00 319877 10/6/15 7,810.00 319878 10/6/15 462.28 319879 10/6/15 223.00 319880 10/6/15 250.00 319881 10/6/15 237.95 2/5 PAYEE DATA TICKET INC DELL MARKETING L P DELTA DENTAL DELTA DENTAL INSURANCE CO DEPARTMENT OF JUSTICE DESROCHERS,P DI CERCHIO, A DILLARD, S DOOLEY ENTERPRISES DREDGE, J EDD EISER III, G ENTERPRISE FLEET MANAGEMENT EXPRESS PIPE AND SUPPLY CO INC FABINSKI, D FEDEX FIRE ETC FLEET SERVICES INC FOLSOM LAKE FORD GELSKEY, K GIBBS JR, R GRAI NGER GUNDERT, M HANSON, E HARLAN, M HAUG, S HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HODGES, B HONDO, E HOVIK, K HUDSON SAFE T LITE RENTALS HUNTER'S NURSERY INC HYDRO SCAPE PRODUCTS INC INT INSTITUTE OF MUNICIPAL CLERKS JAMES, R JERAULDS CAR CARE CENTER JJJ ENTERPRISES JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE, R KONE LANDA, A NATIONAL CJT C XVCOapof,AT WARRANT REGISTER #14 10/6/2015 DESCRIPTION TICKET APPEALS & ON-LINE ACCESS /AUG 20 DELL OTIPLEX 3020 MINI TOWER 8GB / MIS DENTAL INS PREMIER OCT 2015 PM! DENTAL INS OCT 2015 NEW EMPLOYEE FINGERPRINT TEST RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 RA223R 223 55GR POINTED SOFT POINT/PD RETIREE HEALTH BENEFITS - OCT 2015 UNEMPLOYMENT INS 4/01/15-6/30/15 RETIREE HEALTH BENEFITS - OCT 2015 VEHICLE LEASE AND MAINTENANCE PLUMBING PARTS & MATERIALS / PW RETIREE HEALTH BENEFITS - OCT 2015 5-164-29344 PACKAGE DELIVERIES RETRACTABLE FIRE MICROPHONE GEAR MOP#67804 AUTO PARTS INV FL6219-FL6258- 2015 FORD VEHICLES/PD RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 MOP#65179 ELECTRICAL SUPPLIES RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 HEALTH FULL NETWORK 57135A OCT 2015 HEALTH INS RETIREE 57135J OCT 2015 HEALTH NET INS N5992F OCT 2015 HEALTHNET INS N5992A OCT 2015 HEALTH NET INS R1192A OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 REFUND FOR ASTROJUMP JUL 18, 2015 TYPE I BARRICADE / PW MOP#45719 HORTICULTURAL ITEMS MOP#45720 WATER PIPE VALVES ANNUAL MEMBERSHIP THROUGH 12/31/16 RETIREE HEALTH BENEFITS - OCT 2015 MOP# 72449 AUTO EQUIPMENT CITY WIDE FIRE AND SECURITY ALARM REPAIRS RETIREE HEALTH BENEFITS - OCT 2015 KAISER INS ACTIVE OCT 2015 KAISER RETIREES INS OCT 2015 KAISER RETIREES INS OCT 2015 KAISER H S A INS OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 CITY WIDE ELEVATOR MAINTENANCE RETIREE HEALTH BENEFITS - OCT 2015 CHK NO DATE AMOUNT 319882 10/6/15 7,599.39 319883 10/6/15 10,617.98 319884 10/6/15 14,711.38 319885 10/6/15 2,865.06 319886 10/6/15 682.00 319887 10/6/15 110.00 319888 10/6/15 70.00 319889 10/6/15 480.00 319890 10/6/15 12,600.72 319891 10/6/15 250.00 319892 10/6/15 5,930.48 319893 10/6/15 250.00 319894 10/6/15 14,297.70 319895 10/6/15 2,014.97 319896 1016/15 220.00 319897 10/6/15 104.62 319898 10/6/15 369.51 319899 10/6/15 703.46 319900 10/6/15 246,969.33 319901 10/6/15 115.00 319902 10/6/15 120.00 319903 10/0/15 1,439.20 319904 10/6/15 350.00 319905 10/6/15 135.00 319906 10/6/15 500.00 319907 10/6/15 120.00 319908 10/6/15 5,334.29 319909 10/6/15 944.30 319910 10/6/15 651.54 319911 10/6/15 543.45 319912 10/6/15 69,613.17 319913 10/6/15 200.00 319914 10/6/15 110.00 319915 10/6/15 25.00 319916 10/6115 490.50 319917 10/6/15 165.84 319918 10/6/15 1,068.64 319919 10/6/15 195.00 319920 10/6/15 140.00 319921 10/6/15 105.44 319922 10/6/15 2,034.62 319923 10/6/15 50.00 319924 10/6/15 174,374.56 319925 10/6/15 22,720.85 319926 10/6/15 8,765.56 319927 10/6/15 4,464.47 319928 10/6/15 300.00 319929 10/6/15 3,195.00 319930 10/6/16 155.00 3/5 PAYEE LAW SEMINARS INTERNATIONAL LEHR AUTO ELECTRIC LIMFUECO, M LOPEZ, T MALDONADO, J MARLO'S AUTO SPECIALTIES MATIENZO, M MC CABE, T MEDINA, R MENDOZA III, S METRO AUTO PARTS DISTRIBUTOR MINER, D MOSSY NISSAN MUNICIPAL CODE CORPORATION MYERS, B NATIONAL CITY CAR WASH NOTEWARE, D OCHOA, I O'REILLY AUTO PARTS PACIFIC AUTO REPAIR PAUU JR, P PEACE OFFICERS RESEARCH PEASE JR, D PENSKE FORD PERRY FORD PETERS, S PLUS LUBE N TUNE PORAC LEGAL DEFENSE FUND POST, R POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY PUBLIC SAFETY CONSULTANTS PUBLIC SAFETY CONSULTANTS R J SAFETY SUPPLY RAULSTON, B RAY, S RELIANCE STANDARD RESTORATION ARTECHS ROARK, L ROE, V RON BAKER CHEVROLET RUIZ, J S D COUNTY SHERIFF'S DEPT SAFRAN MORPHOTRUST SAN DIEGO GAS & ELECTRIC SAN DIEGO PET SUPPLY SAN DIEGO UNION TRIBUNE SAN DIEGO UNION TRIBUNE **`C:A`l:FtRJ�f1A.1 NATIoNAL art ? iQ4RPUi tiop WARRANT REGISTER #14 10/6/2015 DESCRIPTION WRITTEN MATERIALS & DVD OF CEQA SEMINAR HS C-HDM-153 FLOOR MOUNT / PD RETIREE HEALTH BENEFITS - OCT 2015 TRANSLATION SERVICES / COUNCIL MEETING RETIREE HEALTH BENEFITS - OCT 2015 REPAIR AND REFINISH TRAILER / PW RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 ED REIMBURSEMENT MOP#75943 AUTO PARTS RETIREE HEALTH BENEFITS - OCT 2015 BATTERY TERMINAL / PW MUNICIPAL CODE SUPPLEMENT #43 RETIREE HEALTH BENEFITS - OCT 2015 CAR WASH SERVICES / CITY FLEET RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 MOP#75877 AUTO PARTS SMOG CERTIFICATION/REPAIRS RETIREE HEALTH BENEFITS - OCT 2015 PORAC - INS/WORKERS COMP / PD RETIREE HEALTH BENEFITS - OCT 2015 MOP#49078 AUTO PARTS MOP#45703 AUTO EQUIPMENT RETIREE HEALTH BENEFITS - OCT 2015 REIMB: BUSINESS LICENSE LEGAL DEFENSE FUND / PD RETIREE HEALTH BENEFITS - OCT 2015 MOP#67839 AUTO PARTS MOP#45707 PLUMBING MATERIALS MOP#45742 LAUNDRY SERVICES TUITION: DISPATCHER UPDATE TUITION: DISPATCHER/COMPLACENCY 2- 2PC RAINSUIT SIZE M / PARKS EXPENSE REIMB / APA/ULI FALL MEETING RETIREE HEALTH BENEFITS - OCT 2015 VOLUNTARY LIFE INS - OCT 2015 STORAGE FOR BRONZE PLAQUES RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 MOP#45751 AUTO PARTS RETIREE HEALTH BENEFITS - OCT 2015 CAL -ID PROGRAM COSTS/JUL-DEC 2015 NEW EMP FINGERPRINT TEST SUBMISSION GAS & ELECTRIC - NUTRITON CENTER MOP 45753 K-9 FOOD - PD PUBLIC NOTICING / PLANNING COMMISSION PUBLIC NOTICING / PLANNING COMMISSION CHK NO DATE AMOUNT 319931 10/6/15 705.00 319932 10/6/15 5,397.17 319933 10/6/15 160.00 319934 10/6/15 560.00 319935 10/6/15 130.00 319936 10/6/15 890.00 319937 10/6/15 100.00 319938 10/6/15 280.00 319939 10/6/15 105.00 319940 10/6/15 225.00 319941 10/6/15 1,332.47 319942 1016/15 580.00 319943 10/6/15 26.36 319944 10/6/15 207.10 319945 10/6/15 140.00 319946 10/6/15 550.00 319947 10/6/15 120.00 319948 10/6/15 125.00 319949 10/6/15 338.51 319950 10/6/15 1,268.31 319951 10/6/15 340.00 319952 10/6/15 193.30 319953 10/6/15 140.00 319954 10/6/15 221.15 319955 10/6/15 652.13 319956 10/6/15 290.00 319957 10/6/15 101.00 319958 10/6/15 148.50 319959 10/6/15 280.00 319960 10/6/15 876.60 319962 10/6/15 2,735.58 319963 10/6/15 908.22 319964 10/6/15 349.00 319965 10/6/15 110.00 319966 10/6/15 222.36 319967 10/6/15 291.00 319968 10/6/15 190.00 319969 10/6/15 3,072.27 319970 10/6/15 200.00 319971 10/6/15 135.00 319972 10/6/15 120.00 319973 10/6/15 14.51 319974 10/6/15 310.00 319975 10/6/15 8,277.00 319976 10/6/15 34.00 319977 10/6/15 186.70 319978 10/6/15 303.62 319979 10/6/15 1,144.00 319980 10/6/15 191.00 -,*«`CA,UrO,RNIA. 415 PAYEE SDG&E SEAPORT MEAT COMPANY SERVATIUS, J SHORT, C SMART & FINAL SMITH, J SONSRAY MACHINERY LLC SOSAMON, M SOUTH COAST EMERGENCY SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE SPARKLETTS SPARKLETTS STAPLES ADVANTAGE STC TRAFFIC INC STRASEN, W SWEETWATER AUTHORITY SWEETWATER AUTHORITY SYSCO SAN DIEGO INC T MAN TRAFFIC SUPPLY THE LIGHTHOUSE INC THE LINCOLN NATIONAL LIFE INS THOMSON REUTERS WEST TIPTON, B TOPECO PRODUCTS TRAFFIC SAFETY MATEIALS LLC U S BANK U S BANK UNDERGROUND SERVICE ALERT UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP VERIZON WIRELESS VERRY, L VILLAGOMEZ, J VISION SERVICE PLAN VISTA PAINT VISUAL CLICK SOFTWARE INC WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WHITE, J WILLY'S ELECTRONIC SUPPLY ZENGOTA, V ZIETLOW, D MAZZARELLA & MAZZARELLA LLP MEYERS NAVE NBS POWER PLUS SDG&E NATIONAL:Cttr "S-- ZNcoR'POSATW WARRANT REGISTER #14 10/6/2015 DESCRIPTION GAS & ELECTRIC FOOD / NUTRITION CENTER RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 MOP 45756 MISC SUPPLIES - FIRE RETIREE HEALTH BENEFITS - OCT 2015 SWITCH / PW ED REIMBURSEMENT WIRE GUIDE CONE SHAPED CABLE / PW MOP#45758 OIL AND LUBRICANTS INTERSECTION MAINTENANCE / MAY 2015 WATER / NUTRITION CENTER WATER ( COUNCIL MOP 45704 OFFICE SUPPLIES - HR DEPOSIT #1691; TROLLEY STATIONS CM RETIREE HEALTH BENEFITS - OCT 2015 WATER SERVICE UTILITIES REFUND: DEMOLITION DEPOSIT CONSUMABLES/FOOD - NUTRITION MOP#76666 TRAFFIC CONTROL MOP#45726 AUTO PARTS LIFE & AD&D, STD, LTD INS - OCT 2015 ON-LINE LEGAL RESEARCH / AUG 2015 RETIREE HEALTH BENEFITS - OCT 2015 MOP#63849 AUTO PARTS WHITE TRAFFIC PAINT / PW CREDIT CARD EXPENSE - HR CREDIT CARD EXPENSE - FIRE UNDERGROUND SERVICE ALERT UPS CHARGES / FIRE MOP#62683 AUTO PARTS CELLULAR SERVICE / 8/22/15 - 9/21/15 RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 VISION SVC PLAN (CA) SEPT 2015 MOP#68834 TRAFFIC CONTROL DSRAZOR WINDOWS ANNUAL MAINTENANCE JANITORIAL SUPPLIES-PW CLEAR INVESTIGATIVE DATABASES / PD MOP#63850 AUTO PARTS / PW RETIREE HEALTH BENEFITS - OCT 2015 MOP 45763 MISC SUPPLIES - MIS RETIREE HEALTH BENEFITS - OCT 2015 RETIREE HEALTH BENEFITS - OCT 2015 LEGAL / ROSENOW, SPEVACEK GROUP / S A LEGAL / SD UNIFIED PORT DISTRICT / S A LANDSCAPE MAINTENANCE DISTRICT 1/ S A EQUIPMENT RENTAL / S A GAS AND ELECTRIC UTILITIES (S A CHK NO DATE AMOUNT 319981 10/6/15 70,450.51 319982 10/6/15 1,197.53 319983 10/6/15 340.00 319984 10/6/15 300.00 319985 10/6/15 401.76 319986 10/6/15 320.00 319987 10/6/15 102.37 319988 10/6/15 225.00 319989 10/6/15 243.15 319990 10/6/15 410.60 319991 10/6/15 5,484.88 319992 10/6/15 5.77 319993 10/6/15 2.00 319994 10/6/15 1,015.85 319995 10/6/15 375.00 319996 10/6/15 135.00 319998 10/6/15 24,083.26 319999 10/6/15 14,242.90 320000 10/6/15 3,918.36 320001 10/6/15 813.17 320002 10/6/15 181.04 320003 10/6/15 9,382.28 320004 10/6/15 806.20 320005 10/6/15 250.00 320006 10/6/15 115.04 320007 10/6/15 282.31 320008 10/6/15 817.96 320009 10/6/15 2,354.07 320010 10/6/15 153.00 320011 10/6/15 78.42 320012 10/6/15 945.15 320013 10/6/15 11,003.45 320014 10/6/15 280.00 320015 10/6/15 480.00 320016 10/6/15 403.29 320017 10/6/15 32.69 320018 10/6/15 1,402.50 320019 10/6/15 4,047.54 320020 10/6/15 473.49 320021 10/6/15 854.17 320022 10/6/15 230.00 320023 10/6/15 357.95 320024 10/6/15 300.00 320025 10/6/15 150.00 320026 10/6/15 196.80 320027 10/6/15 6,085.00 320028 10/6/15 1,679.50 320029 10/6/15 585.00 320030 10/6/15 127.76 .CAI.4 FOR [ 11 5/5 NATIONAL CITY — wavy rzeca"..sp WARRANT REGISTER #14 10/6/2015 PAYEE DESCRIPTION SWEETWATER AUTHORITY WATER UTILITIES / S A SECTION 8 HAPS PAYMENTS Start Date 9/30/2015 End Date 10/6/2015 CHK NO DATE AMOUNT 320031 10/6/15 267.69 A/P Total 865,617.69 750,733.36 GRAND TOTAL $1,616,351.05 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. 2(0BER‘S, 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 17' OF NOVEMBER, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 11/17/2015 — Page 36 The following page(s) contain the backup material for Agenda Item: Warrant Register #15 for the period of 10/07/15 through 10/13/15 in the amount of $1,289,793.95. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #15 for the period of 10/07/15 through 10/13/15 in the amount of $1,289,793.95. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Financ PHONE: 619-336-4572 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/07/15 through 10/13/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Public Emp Retirement System 10092015 345,955.21 Service Period 09/15/15 — 09/28/15 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,289,793.95 ENVIRONMENTAL REVIEW: APPROVED: APPROVED: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,289,793.95 BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #15 1/2 PAYEE MABPA MENDIVIL, A 3M ABLE PATROL & GUARD AMAZON BAKER & TAYLOR BRODART CO DEMCO INC MIDWEST TAPE SMARTSIGN SOLIS, M U S POSTMASTER ACME SAFETY & SUPPLY CORP AMERICAN BACKFLOW SPECIALTIES AZTEC APPLIANCE BANK OF AMERICA PUBLIC BARAJAS, A BRIAN COX MECHANICAL INC CEB CITY OF NATIONAL CITY COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COX COMMUNICATIONS DAY WIRELESS SYSTEMS FEDEX FLINT TRADING INC GARCIA, M GONZALES, M GOVERNMENT FINANCE OFFICERS GTC SYSTEMS INC HDL COREN & CONE HEALTH AND HUMAN RESOURCES HONEYWELL INTERNATIONAL INC IRON MOUNTAIN KNOX ATTORNEY SERVICE INC KONICA MINOLTA LASER SAVER INC LEDFORD ENTERPRISES INC LOPEZ, T MOTOROLA SOLUTIONS INC MUNOZ, L NAPA AUTO PARTS OCEAN BLUE ENVIRONMENTAL OPPER & VARGO LLP ORKIN PACIFIC TELEMANAGEMENT SERVICE PRO BUILD PRUDENTIAL OVERALL SUPPLY REGIONAL TRAINING CENTER »`.0 FORMANal, NAL Orr tiqbfi3 WARRANT REGISTER #15 10/13/2015 DESCRIPTION MABPA LUNCH MEETING / CM MENDIVIL REIMB / 2015 NIGHT OF DREAMS EVENT RFID TAGS FOR BOOK AND DVD PROCESSING SECURITY GUARD SERVICE / LIBRARY BOOKS - LIBRARY BOOKS- LIBRARY BOOKS - LIBRARY BOOK PROCESSING SUPPLIES - LIBRARY DVD'S/AUDIO BOOKS - LIBRARY FOUR LAMINATED PLASTIC SIGNS / LIBRARY REIMBURSEMENT - SUPPLIES FOR CAFE NIGHTS POSTAGE FOR OVERDUE NOTICES LANE AHEAD/ STAND - PW PLUMBING SUPPLIES / PW CITY WIDE APPLIANCE PURCHASES CAT LOADER EQUIP LEASE PMT # 38 REFUND: BUSINESS LICENSE REMOVED MOTOR FAN / PW CA MUNICIPAL LAW HANDBOOK PETTY CASH REPLENISHMENT - JUL 2015 CHEMICALS FOR LAS PALMAS POOL / PW BUILDING RECORDS / HOUSING CITY INTERNET SERVICE IMPRES BATTERY NI-MH / POLICE PACKAGE DELIVERIES PM125YW Q30' BD 12" YELLOW LINE / PW REFUND: NCI150421013 PARKING CITATION RETIREE HEALTH BENEFITS - OCT 2015 RENEWAL GAAFR REVIEW NEWSLETTER NETWORK ENGINEERING SERVICES 2014-15 CAFR SVCS STATISTICAL REPORT EMP ASSISTANCE PROGRAM - OCT 2015 CHECK AC UNIT & REPLACE AIR FILTER RECORDS/DOCUMENT STORAGE FILING OF NOTICE OF INTENT TO APPEAR COPIER EQUIPMENT LEASE MOP 45725 INK CARTRIDGE - CITY CLERK PROFESSIONAL SVC/SEPT 2015 TRANSLATION / INTERPRETATION SVCS M25URS9WIAN 7/800 MHZ MID POWER / PD REIMB: MILEAGE - RTC TRAINING MOP 45735. AUTOMOTIVE SUPPLIES / FIRE ABANDONED WASTE PICKUP / PW LEGAL / WITOD / S A CITY WIDE PEST MAINTENANCE / PW PAYPHONE SERVICES / MIS MOP 45707 MISC SUPPLIES - NSD MOP 45742 LAUNDRY SVC - NSD JOB ANALYSIS & EMPLOYEE RELATIONS CHK NO DATE AMOUNT 320032 10/13/15 25.00 320033 10/13/15 300.00 320034 10/13/15 951.58 320035 10/13/15 2,756.15 320036 10/13/15 3,500.72 320037 10/13/15 143.75 320038 10/13/15 185.01 320039 10/13/15 132.31 320040 10/13/15 658.03 320041 10/13/15 55.96 320042 10/13/15 34.47 320043 10/13/15 98.00 320044 10/13/15 779.35 320045 10/13/15 703.53 320046 10/13/15 417.96 320047 10/13/15 3,077.02 320048 10/13/15 200.00 320049 10/13/15 1,554.50 320050 10/13/15 378.85 320051 10/13/15 707.84 320052 10/13/15 2,697.04 320053 10/13/15 24.00 320054 10/13/15 306.66 320055 10/13/15 7,851.76 320056 10/13/15 25.80 320057 10/13/15 2,483.71 320058 10/13/15 80.00 320059 10/13/15 480.00 320060 10/13/15 50.00 320061 10/13/15 1,170.00 320062 10/13/15 595.00 320063 10/13/15 801.92 320064 10/13/15 1,707.05 320065 10/13/15 157.00 320066 10/13/15 94.75 320067 10/13/15 1,702.69 320068 10/13/15 119.85 320069 10/13/15 4,000.00 320070 10/13/15 210.00 320071 10/13/15 4,487.94 320072 10/13/15 81.08 320073 10/13/15 57.77 320074 10/13/15 906.18 320075 10/13/15 2,242.50 320076 10/13/15 403.39 320077 10/13/15 478.80 320078 10/13/15 196.16 320079 10/13/15 538.81 320080 10/13/15 374.00 40, C.Af.d FO,R.NIA + 2/2 PAYEE SABINE & MORRISON SDG&E SHRED IT USA SMART & FINAL SOUTHWEST PUBLIC SAFETY STAPLES ADVANTAGE STILES, J SWEETWATER AUTHORITY THE BANK OF NEW YORK MELLON THE COUNSELING TEAM TORREY PINES BANK TRANE US INC U S BANK U S HEALTHWORKS V & V MANUFACTURING VERIZON WIRELESS NATIONAL CITY HISTORICAL SOCIETY LEVELL NASH, R WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 21 9/29/2015 N-*TIONIALCITyN C WARRANT REGISTER #15 10/13/2015 DESCRIPTION PROFESSIONAL SVCS JUL - SEPT 2015 GAS & ELECTRIC UTILITIES SHRED IT PURGE SVC / POLICE MOP 45756 MISC SUPPLIES - COMM SVC PELICAN MICRO CASE / FIRE COPY PAPER / CITY CLERK EDUCATIONAL REIMBURSEMENT WATER SERVICE UTILITIES CUSTODIAN FEE 4/01/15 - 6/30/15 EMP SUPPORT SVCS - AUG 2015 AQUATIC CENTER ESCROW CITY WIDE HVAC SERVICE AND REPAIRS / PW CREDIT EXPENSES - PD PRE-EMP PHYSICALS NEW BADGES / POLICE CELLULAR SERVICE / 8/22/15 - 9/21/15 SVCS-MAINTAIN A CULTURAL PROGRAM / S A REIMBURSE DRIVER'S LICENSE REPLACEMENT SERVICE PERIOD 09/15/15 - 09/28/15 End Date Check Date 10/12/2015 10/21/2015 CHK NO DATE AMOUNT 320081 10/13/15 1,357.00 320082 10/13/15 3,873.29 320083 10/13/15 541.56 320084 10/13/15 196.76 320085 10/13/15 171.52 320086 10/13/15 1,122.96 320087 10/13/15 250.00 320088 10/13/15 2,160.98 320089 10/13/15 300.00 320090 10/13/15 800.00 320091 10/13/15 5,942.50 320092 10/13/15 623.68 320093 10/13/15 1,441.98 320094 10/13/15 1,358.00 320095 10/13/15 108.17 320096 10/13/15 53.29 320097 10/13/15 5,000.00 320098 10/13/15 27.00 AIP Total 76,312.58 10092015 10/9/15 345,955.21 867,526.16 GRAND TOTAL $ 1,289,793.95 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 .0r7/461 MARK ROBERT 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 17' OF NOVEMBER, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 11/17/2015 — Page 41 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Third Amendment to the Agreement by and between the City of National City and Chandler Asset Management, Inc., extending the agreement for investment manageme CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Third Amendment to the Agreement by and between the City of National City and Chandler Asset Management, Inc., extending the agreement for investment management and advisory services to November 15, 2016. PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finan Joe - PHONE: 619-336-4265 APPROVED BY:1/4—a( EXPLANATION: The City of National City entered into an Agreement with Chandler Asset Management, Inc. on November 15, 2011 for investment management and advisory services for the City. That Agreement provides that the City may extend services beyond the contract expiration date of November 15, 2013 under the same term and conditions. Staff now seeks to reinstate the Agreement for an additional year. This Amendment extends the Agreement for the time period November 16, 2015 through November 15, 2016. The Agreement has three (3) additional one (1) year options. This Agenda item is exercising the third one (1) year option. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED:'1/(Pt Finance APPROVED: MIS Based on the balance of the investment portfolio managed by Chandler Asset Management, Inc. as of September 30, 2015 the estimated annual cost is $13,000. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution, authorizing the Mayor to execute the Third Amendment to the Agreement by and between the City of National City and Chandler Asset Management, Inc. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. Contract Amendment 2. Resolution THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHANDLER ASSET MANAGEMENT, INC. THIS THIRD AMENDMENT TO THE AGREEMENT is entered into this 17aday of November, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CHANDLER ASSET MANAGEMENT, INC., a California corporation (the "CONSULTANT"). RECITALS WHEREAS, on November 15, 2011, the City Council adopted Resolution No. 2011-244, approving the CITY to enter into an Agreement with CONSULTANT (the "Agreement") wherein the CONSULTANT agreed to provide investment management and advisory services for the City for a term of two years with three additional one-year options, and fees based on the average balance of assets under chandler's direct management at the annual rate of six basis points (0.06 of 1%); and WHEREAS, on March 18, 2014, the City Council adopted Resolution No. 2014-36, approving the First Amendment to the agreement to reinstate the agreement and extend the term to November 15, 2014; and WHEREAS, on November 18, 2014, the City Council adopted Resolution No. 2014-160, approving the Second Amendment to the Agreement to reinstate the Agreement and extend the term to November 15, 2015; and WHEREAS, the CITY and CONSULTANT desire to reinstate the Agreement and extend the term for an additional year to November 15, 2016. AGREEMENT NOW THEREFORE, the CITY and CONSULTANT agree as follows: 1. The Agreement is reinstated as of November 17, 2015; 2. This Amendment extends the term of the Agreement for the time period November 16, 2015 through November 15, 2016; and 3. The parties agree that each and every term and provision of the Agreement dated November 15, 2011 not specifically amended shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this Third Amendment on the date and year first written above. [Signature Page to Follow] CITY OF NATIONAL CITY CHANDLER ASSET MANAGEMENT, INC. Corporations — signatures of two corporate officers required) By: Ron Morrison Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney 2015 Third Amendment By: (Name) (Print) (Title) By: (Name) (Print) (Title) 2 City of National City and to Agreement Chandler Asset Management, Inc. CC/CDC-HA Agenda 11/17/2015 — Page 45 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 Wireless Communications Facility located at 205 Highland Avenue. (Applicant: Verizon Wireless) (Case File 2015-02 CUP) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 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 Wireless Communications Facility located at 205 Highland Avenue (Applicant: Verizon Wireless) (Case File 2015-02 CUP) AY( -- PREPARED BY: Martin Reeder, AICP DEPARTMENT: IPlannin PHONE: 336-4313 APPROVED BY: EXPLANATION: The City Council conducted a public hearing on this item at the November 3, 2015 City Council meeting. Council asked staff to return with a resolution of approval, including added Conditions of Approval addressing site lighting, hours restricting generator testing, and architectural consistency. Conditions 21 through 23 have been added to address this request. 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 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution CC/CDC-HA Agenda 11/17/2015 — Page 47 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) accepting an Active Transportation Grant Program (ATGP) grant award in the amount of $50,000 through the San Diego Association of Governments (SANDAG) for the National City Bicycle Parking En CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 20151 AGENDA ITEM NO. ITEM TITLE: !Resolution of the City Council of the City of National City, 1) accepting an Active Transportation Grant Program (ATGP) grant award in the amount of $50,000 through the San Diego Association of Governments (SANDAG) for the National City Bicycle Parking Enhancements project; 2) authorizing the City Manager to execute the Grant Agreement; and 3) establishing corresponding appropriations for the ATGP grant (a grant match of $10,000 is required). PREPARED BY: Ray Roberson, Management Analyst II PHONE: 1.336-4583i EXPLANATION:, Please see attached. FINANCIAL STATEMENT: ACCOUNT NO. ATGP Grant 296-01015-3463: $50,000 296-209-500-598-1015: $50,000 ENVIRONMENTAL REVIEW: `N/Aj ORDINANCE: INTRODUCTION: DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: APPROVED: Finance MIS Grant Match Funds available through prior City Council appropriations 001-409-500-598-6573 (Transportation System Improvements): $10,000 FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution accepting an ATGP grant in the amount of $50,000 through SANDAG for the National City Bicycle Parking Enhancements project and authorizing the City Manager to execute the Grant Agreement. BOARD / COMMISSION RECOMMENDATION: NI ATTACHMENTS: 1 Explanation 2. Grant Agreement 3. Resolution Explanation The National City Bicycle Parking Enhancements 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 focal bicycle networks. This project will expand upon the City's previous efforts to design and fabricate custom bicycle racks through our partnership with ARTS (A Reason to Survive). On March 17, 2015, the City Council adopted Resolution 2015-25 where Council approved the following actions: 1) authorize the filing of an application for $50,000 in Active Transportation Grant Program (ATGP) funds for this project; 2) commit to a grant match of $10,000; and 3) accept the terms of the grant agreement. On July 24, 2015, the City received notification that the project was approved for full funding by the SANDAG Board of Directors. In order to begin work on the project and submit invoices for reimbursement of eligible expenses, staff requests the following City Council actions: 1) accept an ATGP grant award in the amount of $50,000 through SANDAG for the National City Bicycle Parking Enhancements project; 2) authorize the City Manager to execute the Grant Agreement; and 3) establish corresponding appropriations for the ATGP grant. ACTIVE TRANSPORTATION GRANT PROGRAM THIRD FUNDING CYCLE GRANT AGREEMENT 5004747 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND CITY OF NATIONAL CITY REGARDING NATIONAL CITY BICYCLE PARKING ENHANCEMENTS (BIKE PARKING) THIS GRANT AGREEMENT 5004747 (Agreement) is made this day of 2015, by and between the San Diego Association of Governments, 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAG, and the City of National City, 1243 National City Boulevard National City, CA 91950, hereinafter referred to as Grantee. This agreement expires on The following recitals are a substantive part of this Agreement: A. The SANDAG Board of Directors allocates funds under the Transportation Development Act (TDA) to support local bicycle and pedestrian transportation projects in the San Diego region through a competitive process. B. Article 3 of the TDA provides funding for Bicycle and Pedestrian Facilities and Programs. C. TDA Article 3 funding supports the SANDAG Active Transportation Grant Program (ATGP). D. In January 2010, the SANDAG Board of Directors approved Board Policy No. 035 — Competitive Grant Program Procedures (Board Policy No. 035), which is included as Attachment B. This Grant Award, Agreement and the Grantee's performance thereunder are subject to Board Policy No. 035, which includes multiple "use it or lose it" provisions. E. 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. F. The SANDAG Board of Directors approved programming of approximately $3 million in and TDA funds on July 24, 2015, by Resolution Number 2016-02. G. Grantee successfully applied for ATGP Funding for the National City Bicycle Parking Enhancements (Bike Parking) (Project), as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. H. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. I. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not take an active role or retain substantial control of the Project. Therefore, this Agreement is characterized as a funding agreement rather than a cooperative agreement. 1 J. SANDAG's funding commitment to ATGP Projects, including this Project, is subject to these fluctuations, which may impact funding availability for this Project. NOW, THEREFORE, it is agreed as follows: I. DEFINITIONS A. Application. The signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf of the Grantee and accepted or approved by SANDAG. All of Grantee's application materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in typewritten hard copy or electronically) of a SANDAG official authorized to permit the Grantee to take or omit an action required by this Agreement, which action may not be taken or omitted without such written permission. Except to the extent that SANDAG determines otherwise in writing, such approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. An oral permission or interpretation has no legal force or effect. 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. D. ATGP Funds and Funding. Funding from TDA Article 3. E. Grantee. The local jurisdiction that is the recipient of ATGP funding under this Agreement. F. Notice to Proceed. A written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work described in the Scope of Work. Grantee shall not proceed with the work and shall not be eligible to receive payment for work performed prior to SANDAG's issuance of a Notice to Proceed. G. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. I1. PROJECT IMPLEMENTATION A. General. The Grantee agrees to carry out the Project as follows: 1. Project Description. Grantee agrees to perform the work as described in the Scope of Work included as Attachment A. 2. Effective Date. The effective date of this Agreement or any amendment hereto is the date on which this Agreement or an amendment is fully executed. The Grantee agrees to undertake Project work promptly after receiving a Notice to Proceed from SANDAG. 2 3. Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project and provide for the use of any Project property; (b) carry out the safety and security aspects of the Project; and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and the Grantee, including but not limited to the TransNet Extension Ordinance and Board Policy No. 035. 4. Project Schedule. The Grantee agrees to complete the Project according to the Project Schedule included in Attachment A, and in compliance with Board Policy No. 035, as amended, and included as Attachment B. 5. Project Implementation and Oversight. Grantee agrees to comply with the Project Implementation and Oversight Requirements, included as Attachment C, and Board Policy 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 ATGP scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require re-evaluation or result in loss of funding. If Grantee knows, or should have known, that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the ATGP and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have 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. The Grantee agrees to assist SANDAG with media or community events related to the Project, such as ground breaking and ribbon cutting. Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral, but may never be included in such documents without advance approval from SANDAG. As part of the quarterly reports submitted to SANDAG, the Grantee agrees to provide project milestone information to support media and communications efforts. SANDAG reserves the right to use the information provided by the Grantee for any combination of the following, including but not limited to: social media posts, online photo albums, videos, press releases, PowerPoint presentations, web updates, newsletters, and testimonials. In submitting photos to SANDAG, the Grantee agrees to release the rights of the photos to SANDAG for its use. 3 8. Baseline Data Collection. For capital projects, Grantee is required to coordinate with SANDAG staff on the development of a baseline data collection plan in accordance with the Project Implementation and Oversight Requirements. B. Application of Laws Should a federal or state law pre-empt a local law or regulation the Grantee must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions thereof expeditiously. C. Notice Regarding Prevailing Wages. California law may require that Grantee's public works projects pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly encouraged Grantee to seek legal counsel regarding whether the Project will be subject to prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances, as applicable. D. Significant Participation by a Subgrantee. Although the Grantee may delegate any or almost all Project responsibilities to one or more subgrantees, the Grantee agrees that it, rather than any subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. E. Third Party Contracting. Grantee shall not award contracts over three -thousand dollars ($3,000) on the bask of a non-competitive procurement for work to be performed under this Agreement without the prior written approval of SANDAG. Contracts awarded by Grantee, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. 1. If Grantee hires a consultant to carry out professional services funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate (ICE) prior to soliciting proposals; publicly advertise for competing proposals for the work; use cost as an evaluation factor in selecting the consultant; document a Record of Negotiation (RON) establishing that the amount paid by Grantee for the consultant services is fair and reasonable; and pass through the relevant obligations in this Agreement to the consultant. 2. If Grantee hires a contractor to carry out construction services funded under this Agreement, Grantee shall: prepare an ICE (e.g., a construction cost estimate) prior to soliciting bids; publicly advertise for competing bids for the work; award the work to the lowest responsive and responsible bidder; document a RON establishing that the amount paid by Grantee for the construction services is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor. F. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 4 1. Entities Affected. Grantee agrees to take appropriate measures necessary to ensure that all Project participants comply with all applicable federal laws, regulations, and policies affecting 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 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Plowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. No SANDAG Obligations to Third Parties. In connection with the Project, the Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee, third -party contractor, or other person or entity that is not a party to the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, or third -party contract at any tier, SANDAG has no obligations or liabilities to any entity other than the Grantee, including any subgrantee, lessee, or third -party contractor at any tier. H. Changes in Project Performance. The Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect the Grantee's ability to perform the Project in accordance with the terms of the Agreement and as required by Board Policy No. 035. The Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's interests in the Project, and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsection to SANDAG's Office of General Counsel. I. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, its Executive Director, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve the Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Grantee or its subgrantees. 5 III. ETHICS A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with 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 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 ATGP Funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in a firm competing for award. 2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third -party contractor or subgrantee or impair its objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff members are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for any contract to be made by SANDAG if any individual Board member or staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG. SANDAG's officers, employees, agents, and Board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it 6 has no knowledge of an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG 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 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. IV. AMOUNT OF FUNDING ASSISTANCE The Grantee agrees that SANDAG will provide ATGP Funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $50,000; or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is 83.33 percent (83,33%). 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. The MPO ID for the Project is NC27 and the TDA Claim Number is 16011003. V. MATCHING FUNDS Grantee has proposed to provide $10,000, which is 16.71 percent (16.71%) in matching funds from sources other than TDA for the Project and therefore agrees as follows: A. Duty to Obtain Matching Funds. The Grantee agrees to provide sufficient funds or approved in -kind resources, together with the ATGP Funding awarded, that will assure payment of the actual cost of each Project activity covered by this Agreement. The amount of matching funds and percentage(s) of matching funds Grantee shall provide are set forth in the Approved Project Budget. The Grantee agrees to complete all proceedings necessary to provide its share of the Project costs at or before the time the matching funds are needed for Project costs. B. Prompt Payment of Matching Funds. The Grantee agrees to provide the proportionate amount of the matching funds promptly as it incurs Project costs, or as Project costs become due. Each of Grantee's invoices must include its pro-rata matching fund contribution as reflected in the Approved Project Budget, along with supporting, descriptive and/or explanatory documentation for the matching funds provided. C. Reduction of Matching Funds. The Grantee agrees that no refund or reduction of the amount of matching funds may be made unless, at the same time, a reduction of the proportional amount of the ATGP Funding provided is made to SANDAG in order to maintain the Maximum Percentage(s) of SANDAG Participation. 7 Vi. APPROVED PROJECT BUDGET Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project Budget." The Grantee will incur obligations and make disbursements of Project funds only as authorized by the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement, unless the re -allocation of funds among budget items or fiscal years that not increase the total amount of the 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. VII. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee wilt 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 justified by the matching share previously provided, or 2. Take any action that would cause the proportion of ATGP Funding made available to the Project at any time to exceed the percentage authorized by the Agreement for the Project. B. Payment by SANDAG. Upon receiving a request for payment and adequate supporting information, SANDAG will authorize the County of San Diego to make payment for eligible amounts to Grantee within thirty (30) days, if Grantee has complied with the requirements of the Agreement, including submission of a Quarterly Report which is included as Attachment D, has satisfied SANDAG that the ATGP Funding requested is needed for Project purposes in that requisition period, and is making adequate progress toward Project completion consistent with Board Policy No. 035. After the Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG may reimburse the Grantee's apparent allowable costs incurred consistent with the Approved Project Budget. SANDAG shall retain ten percent (10%) from the amounts invoiced until satisfactory completion of work. SANDAG shall promptly release retention amounts to Grantee following Grantee's satisfactory completion of work and receipt of Grantee's final invoice and all required documentation. C. Eligible Costs. The Grantee agrees that Project costs eligible for ATGP Funding must comply with the following requirements, unless SANDAG determines otherwise in writing. To be eligible for reimbursement, Project costs must be: 1. Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement. 2. Necessary in order to accomplish the Project. 8 3. Reasonable for the goods or services purchased. 4. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). 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. 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 and TDA Funding as part of the ATGP. 9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the following documentation as part of the grant application materials: (1) an indirect cost allocation audit approved by a qualified independent auditor; or (2) the applicant's proposed method for allocating indirect costs in accordance with OMB guidelines. Indirect cost allocation plans must be reviewed and renewed annually. 10. Project generated revenue realized by the Grantee shall be utilized in support of the Project. Project generated revenue and expenditures, if any, shall be reported at the end of the Agreement period. D. Excluded Costs 1. In determining the amount of ATGP Funding SANDAG will provide for the Project, SANDAG will exclude: a. Any Project cost incurred by the Grantee before either the date SANDAG issues a Notice to Proceed to Grantee, or the Effective Date of the Agreement or any Amendment thereto; b. Any cost that is not included in the latest Approved Project Budget; c. Any cost for Project property or services received in connection with a subagreement, lease, third -party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG; and d. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies. 2. Certain costs at times associated with bicycle and pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists or pedestrians. These instances are listed below. 9 a. Curb and gutter are part of the roadway drainage system. As such, newly installed curb and gut -ter 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. 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 Grantee for any Project cost does not constitute SANDAG's final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of the Agreement for the Project or Board Policy No. 035. The Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion of the ATGP Funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due to SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; nor will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. Upon notification to the Grantee that specific amounts are owed to SANDAG, whether for excess payments of ATGP Funding, disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to promptly remit to SANDAG the amounts owed, including applicable interest, penalties and administrative charges. 10 VIII. ACCOUNTING RECORDS In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows: A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a separate set of accounts, or, separate accounts within the framework of an established accounting system that can be identified with the Project. The Grantee also agrees to maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. B. 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. IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by law and regulation, policy, this Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and/or typewritten hard copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project, and for three years thereafter from the date of transmission of the final expenditure report, the Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project, as SANDAG may require. D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its subgrantees pertaining to the Project. E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the progress of its work, expenditures incurred, and information regarding whether the Project is projected to be completed within the limits of the Approved Project Budget, Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG. This includes progress and final reports, plans, 11 specifications, estimates, and other evidence of attainment of the Agreement objectives, which are requested by SANDAG or ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including but not limited to ITOC, the Regional Planning Committee, the Transportation Committee, and the SANDAG Board of Directors, to report on its progress and respond to questions. G. Communities Served Data and Report. If requested, Grantee shall provide SANDAG with data regarding how the Project's benefits and burdens were equitably distributed among socio and economic populations in the area affected by the Project, and associated smart growth data. 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. B. Project Audit For TDA-funded projects: The Grantee agrees to have financial and compliance audits performed as SANDAG may require consistent with Public Utilities Code Section 99245, for TDA funds. The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. Audit costs are allowable Project costs. C. Performance Audit. The Grantee agrees to cooperate with SANDAG with regard to any performance audit that is performed on the Project. D. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicable, either forwards the final ATGP Funding payment and/or acknowledges that the Grantee has remitted the proper refund. The Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. E. Project Use. Grantee was awarded this Agreement based on representations in its grant application regarding the Project's intended use. If the Project is a capital project, Grantee hereby commits to continued use of the Project for the purposes stated in its application for a period of at least five years after completion of construction. SANDAG may require Grantee to refund SGIP funding provided for the Project in the event Grantee fails to utilize the Project for its intended purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PROGRESS 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 12 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. 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 suspend or terminate all or any part of the ATGP Funding to be provided for the Project if the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if SANDAG determines that the purpose of the laws or policies authorizing the Project would not be adequately served by the continuation of ATGP Funding for the Project. D. In general, termination of ATGP Funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused ATGP Funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require the Grantee to refund to SANDAG the entire amount of ATGP Funding provided for the Project or any lesser amount as SANDAG may determine. E. Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project, however, Grantee must request and SANDAG may agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAG's discretion if Grantee's request is consistent with the provisions of Board Policy No. 035. XII. CIVIL RIGHTS The Grantee agrees to comply with all applicable civil rights laws, regulations and policies and shall include the provisions of this Section 12 in each subagreement, lease, third -party contract or other legally binding document to perform work funded by this Agreement. Applicable civil rights laws, regulations and policies include, but are not limited to, the following: A. Nondiscrimination. SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the public of their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. 13 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, 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 Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by this reference and are made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. XIII. OWNERSHIP OF WORK PRODUCT SANDAG shall own any deliverables created in whole or in part for SANDAG's benefit pursuant to the Scope of Work for the Project. The term "deliverables" includes, but is not limited to, all original drawings, reports, photos, and other documents, including detailed calculations and other work product developed for the Project or services performed on the Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1. Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to SANDAG's Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within twenty (20) calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to SANDAG's Executive Director. The request for reconsideration must be received within ten (10) calendar days from the postmark date of SANDAG's reply. The Executive Director will respond to the request for reconsideration within ten (10) working days. The decision of the Executive Director will be in writing. 14 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 Transportation Committee. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Transportation Committee shall be final. C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all 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 novation) this Agreement or any rights under or interest in this Agreement. XVI. INSURANCE Grantee shall procure and maintain during the period of performance of this Agreement, and for twelve (12) months following completion, policies of insurance from insurance 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 $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others Endorsement." The policy must name SANDAL as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as an additional insured. D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to $24 million (Class V) or better"; or 15 2. A Lloyd's of London program provided by syndicates of Lloyd's 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 (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. iNDDEEMNiF CATION 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, asserted or established liability for damages or injuries to any person or property, including injury to the Grantee's or its subgrantees' employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its subgrantees and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Grantee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its Board of Directors, agents, officers, or employees. B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save, and hold harmless SANDAG and its Board of Directors, officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. 16 XVIII. INDEPENDENT CONTRACTOR A. Status of Grantee. Grantee shall perform the services provided for within this Agreement as an independent contractor, and not as an employee of SANDAG. Grantee shall be under the control of SANDAG as to the result to be accomplished and not the means, and shall consult with SANDAG as provided for in the Scope of Work. The payments made to Grantee pursuant to this Agreement shall be the full and complete compensation to which Grantee is entitled. SANDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shall not be required to pay any workers' compensation insurance on behalf of Grantee. Grantee agrees to indemnify SANDAG for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which SANDAG may be required to make on behalf of Grantee or any employee of Grantee for work done under this Agreement. 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. 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 Kuna Mathusamy as the Project Manager for the Project. Project Manager continuity and experience is deemed essential in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the Project Manager without first providing written notice to SANDAG. 17 XXI. NOTICE Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Susan Baldwin/Tracy Wills Grantee: City of National City 1243 National City Bouievard, National City, CA 91950 Attn: Kuna Mathusamy Notice shall be effective upon receipt thereof. 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 CITY OF NATIONAL CITY GARY L. GALLEGOS OR DESIGNEE Executive Director LESLIE DEESE City Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Office of General Counsel CLAUDIA G. SILVA City Attorney 18 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET PLANNING/NON-CAPITAL PROJECTS: SCOPE OF WORK, SCHEDULE, AND BUDGET PROGRAM: ACTIVE TRANSPORTATION GRANT PROGRAM PART I: PROJECT OVERVIEW PROJECT TITLE: National City Bicycle Parking Enhancements PROJECT LIMITS: Various locations throughout National City PROJECT SUMMARY: The National City Bicycle Parking Enhancement Project will Install bicycle racks throughout National Clty's bicycle network. The bicycle racks wlil provide cyclists with safe, secure, and convenient parking for end -of -trip storage and enhance regional and local bicycle networks. PART II: SCOPE OF WORK, SCHEDULE AND BUDGET ne the orolect. The oroiect schedule must be based on "Months from Notice to Proceed." TASK NO. ... TASK DESCRIPTION EXAMPLE TASKS - CHANGE/REMOVE A$ NECESSARY PRIOR TO APPUCATION .. SUBMITTAL DELIVERABLES; .. . • . START DATE.': r- •. � .'. COMPLETION DATE': -- ::' " . DURATION: TOTAL PROJECT COSTS: 1 Baseline Data Collection Data/summary Tables 0 3 3 $ 5,000.00 C orisaucbon Bidding: A,Srd, 55 - Meriagemen2 Bid DncvmeatsiContraccs - 5 - 6 o $ ' . • 5.000 D0 3 Protect Construction/Installation Close Out Documents 6 12 6 $ 50,000.00 DURATION - hITP 11 TOTAL 60,000.00 *Start and Completion dates shall he tracked using "Months from Notice to Proceed (NTP) PART III: FUNDING SOURCES TOTAL PROJECT COST: TOTAL GRANT AMOUNT REQUESTED FROM SANDAG: TOTAL MATCH AMOUNT THAT WILL BE CONTRIBUTED: SANDAG %CONTRIBUTION: MATCH % CONTRIBUTION: MPO ID NO.NC27 60,000.00 50,000.00 10,000.00 0.833333333 0.166666667 19 ATTACHMENT B SAII(.2000r COMPETITIVE GRANT PROGRAM PROCEDURES BOARD POLICY NO. 0 3 5 Applicability and Purpose of Policy This Policy applies to all grant programs administered through SANDAG, whether from TransNet or another source, including, but not limited to: the Smart Growth Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Federal Transit Administration grant programs, and Active Transportation Grant Program. Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requirements in this Policy. There are never enough government grant funds to pay for all of the projects worthy of funding in the San Diego region. For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees accountable to the project schedules they have proposed in order to ensure fairness in the competitive process and encourage grantees to get their projects implemented quickly so that the public can benefit from the project deliverables as soon as possible. Procedures 1. Project Milestone and Completion Deadlines 1.1. When signing a grant agreement for a competitive program funded and/or administered by SANDAG, grant recipients must agree to the project delivery objectives and schedules in the agreement. In addition, a grantee's proposal must contain a schedule that falls within the following deadlines. Failure to meet the deadlines below may result in revocation of all grant funds not already expended. The final invoice for capital, planning, or operations grants must be submitted prior to the applicable deadline. 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the project must be completed according to the schedule provided in the grant agreement, but, at the latest, any necessary construction contract must be awarded within two years following execution of the grant agreement, and construction must be 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 complete within two years following award of the consultant contract. Completion 20 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 agreement, and the operations must commence within six months following award of the operations contract. If no services contract for operations is necessary, the operations project must commence within one year of execution of the grant agreement. 1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment or vehicles, the project must be completed according to the schedule provided in the grant agreement, but, at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award of the purchase contract. 2. Project Milestone and Completion Deadline Extensions 2.1. Schedules within grant agreements may include project scopes and schedules that will identify interim milestones in addition to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAL Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a completion deadline in Section 1 must be approved by the Policy Advisory Committee that has been delegated the necessary authority by the Board. For an extension to be granted under this Section 2, the following conditions must be met: 2.1.1. For extension requests of up to six months, the grantee must request the extension in writing to the SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension should be granted. The Executive Director's action will be reported out to the Board in following month's report of delegated actions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. 21 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 thirty (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 that were already granted extensions by the Executive Director and are again falling 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 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. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If sufficient time is available, and the grant utilized TransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representative available at the meeting to present the information to, and/or answer questions from, the 1TOC and Policy Advisory Committee. 3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuating circumstances that the grantee could not have reasonably foreseen. 4. Resolution and Execution of the Grant Agreement 4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed grants, prospective grantees must submit a resolution from their authorized governing body that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets the requirements in this Subsection 4.1 will result in rejection of the application and the application wilt be dropped from consideration with funding going to the next project as scored by the evaluation committee. In order to assist grantees in meeting this resolution deadline, when SANDAG issues the call for projects it will allow at least ninety (90) days for grant application submission. 4.1.1 Grantee governing body commits to providing the amount of matching funds set forth in the grant application. 4.1.2 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within forty- five (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. 5. Increased Availability of Funding Under this Policy 22 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 23 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 grant -funded improvements, the Grantee is responsible for developing a baseline data collection plan with SANDAG to gather information on pedestrian and bicyclist activity. At a minimum, data should be collected for observed bicycle and pedestrian volumes, behavior, and attitudes in the project area. Once the data collection plan is approved by SANDAG staff, the Grantee is responsible for carrying out the plan and returning collected data to SANDAG as a deliverable. Standardized forms required for data collection will be provided by SANDAL. Grantees are encouraged to use the National Bicycle and Pedestrian Documentation Project methodology and plan for the following: Conduct counts prior to project construction during National Documentation Days in the second week of September. Supplementary counts and surveys can be conducted during January, May, and July to provide seasonal data, if desired. • Conduct counts for two hours, at peak times relative to the facility. For example, facilities attracting utilitarian trips should be counted on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., whereas facilities attracting recreational trips should be counted on a Saturday, from 9 to 11 a.m. In the case that the above timeframes are deemed infeasible due to the project schedule, the Grantee and SANDAL will collaborate on an alternative data collection methodology and procedure. A subset of Grantees may be selected for in-depth evaluation by SANDAG, in which case, SANDAG will conduct the data collection effort with required participation from Grantee staff. Such in-depth evaluation conducted by SANDAG will take place solely for the purpose of SANDAG Active Transportation data collection and monitoring efforts, and will not impact Grantees' budgets. Grantees should plan to budget five -thousand dollars ($5,000) for data collection. For questions or assistance with data collection, contact Christine Eary at Christine.Eary@sandag.org, or (619) 699-6928. 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. 24 4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent (30%), 60 percent (60%), 90 percent (90%), and 100 percent (100%). 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 progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. Furthermore, the Grantee agrees to provide project milestone information (such as presentations to community groups, other agencies, and elected officials, ground-breakings, and ribbon -cuttings) to support media and communications efforts. 6. Media and Community Outreach Coordination: Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral. Furthermore, the grantee agrees to provide project milestone information to support media and communications efforts. 7. Photo Documentation: Grantees are responsible for the following photo documentation: ▪ Before and after photos, which should be taken from similar angles to showcase how a particular area has been transformed over time. • Project milestone photos (such as ground-breakings and ribbon -cuttings). • Photos taken throughout construction phases and throughout the length of the project. Photos should be high resolution (at least 4 inches by 6 inches, with a minimum of 300 pixels per inch) and contain captions with project descriptions, dates, locations, and the names of those featured, if appropriate. 8. Project Signage: Each project or program in excess of $250,000 funded in whole or in part by revenues from the TransNet Extension Ordinance shall be clearly designated during its construction or implementation as being provided by such revenues. SANDAG will provide sign specifications. Grantee agrees to follow sign specifications and submit proof files to SANDAG for approval before printing. 9. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvements against stated project objectives, and evaluate the overall grant program. Grantee is expected to meet with SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. 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. 25 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 (Attachment A). 3, Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 4. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all stakeholder and community meetings, and a meeting summary follmving the meeting. SANDAG staff may attend any meetings as appropriate. 5. Media and Community Outreach Coordination. Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral. Furthermore, the Grantee agrees to provide project milestone information to support media and communications efforts. 6. Photo Documentation. Grantees are responsible for the following photo documentation: • Existing conditions photos which should illustrate the current conditions of the project site and demonstrate the need for improved facilities • Project milestone photos (such as workshops, presentations to community groups, other agencies, and elected officials) Photos should be high resolution (at least 4 inches by 6 inches, with a minimum of 300 pixels per inch) and contain captions with project descriptions, dates, locations, and the names of those featured, if appropriate. 26 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and TransNetPTDA Active Transportation Grant Program Quarterly Report Report Submittal Date: [Insert] Reporting Period: [Insert - Example: FY 2014, Quarter 1] PART 1: DESCRIPTION OF ACTIVITY FOR REPORTING PERIOD 1. Work Accomplished This Reporting Period • [INSTRUCTIONS: Replace this text with a detailed description of work completed and underway during the reporting period. In a bullet format, reference specific tasks.] Example: • Task 1 - Award Consultant Contract: Issued RFP and convened a selection panel of 5 members from the City, MTS, NTCD, and SANDAG to shortlist 3 of 9 firms. The panel interviewed the 3 firms and selected XYZ Group for this project. The City Council approved the consultant contract with XYZ Group on January 1, 2014. City staff held a kick-off meeting on January 10, 2014. • Task 2 - Public Outreach: City staff and XYZ Group began organizing the first workshop for this project. The anticipated date of the first workshop will be in the February/March 2014 timeframe. • Task 3 - Etc. • Task 4 - Etc. 2. Deliverables Produced This Reporting Period [INSTRUCTIONS: Summarize the deliverables produced during this period and indicate the date submitted to SANDAG. Deliverables can be submitted as an attachment to this report. See Item 5 for more details.] Example: • Final RFP - Submitted in December 2014. • Approved Consultant Contract and Kick -Off Meeting Notes - Submitted with this report. Please see accompanying list of attachments. 3. Is there an accompanying invoice for this period? [INSTRUCTIONS: Indicate YES or NO' 4. Work Anticipated for the Next Reporting Period 27 [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: 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 Tinning ' Anticipated Start Date (If _ Different from Grant Scope of Work) - Anticipated Completion (If Different .` from Grant Scope of Work) NTP Date Task 1 [mm/ddtyy] [mm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 2: Policy No. 035 Milestone [mm/cid/yy] [mm/dd/yy] [!n 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/yy] 28 • 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 Procedures and grant agreement terms and conditions. • • PART 4: PROJECT STATUS REPORT SIGNATURE Prepared by Date: Project Manager • 29 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. StaflCosts 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 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 aprintout from theproject's financial accounting system showing that funds were disbursed. Other costs should be supported by either an invoice from the vendor or a receipt AND must be accompanied by a proof of payment. The proof of payment can be either a copy of the check provided to the vendor or a printout from the 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 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 surest!! 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: - sgatct rants (,sand ag.o rSt Sign and scan the completed Quarterly Progress Report. Submit It in PDF form. Sign and scan the invoice statement. Submit it in PDF fore. Submit supporting documentation in PDF form. Submit the completed Excel workbook. Files in excess of 6MB should be submitted via: httos:llsandaa.wetransfer.com 30 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? 100.00 $ 1,00.0.00 ,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 ABC [INSERTADDITONAL LINES AS NEEDED] invoice No. Invoice Date: Description of Costs -Amount Documentation Attached? 1 1/1/2014 Professional services for the $ 10,000.00 YES/NO month of January 2014 2 2/1/2014 Professional services for the $ 10,000.00 YES/NO month of February 2014 3; 3/1/2014;Professional services for the $ 10.000.00.YES/NO month of March 2014 1 3/1/2014 Outreach from January 2014 to $ 10,000.00 YES/NO March 2014 (PART 37.OTHER COSTS Vendor Vendor Vendor8 Vendor C [INSERTADDITONAL LINES AS NEEDED] ;Invoice No. Invoice Date Description of Costs 1 1/1/2014. Printing costs for January 2014 1 2/1/2014j News Announcement for ".February 2014 Workshop 1 2/28/2014'Snacks for February 2014 'Workshop 11 Amount Documentation Attached? $ 100.00 YES/NO $ 100.00 YES/NO 100.00 ,YES/NO To: From TRANS NET SMART GROWTH INCENTIVE PROGRAM INVOICE SUCH! MUKHERJEE SANDAG .401 B Street Suite 800 San Diego, CA92101-4231 Name :yddress Project Name: : (PROJECT NAME] Contract Number: 600XXX Grant Invoice Number:' Billing Period:: FROM in nice Date:: DATE :Grant Award: $0.00 Balance Remaining _ 50,60 TO TASK Previous Sadance Current MMIDOIYYYY to MMID(+VYYYY Total Expenses SANDAG Total Match Spent Rennbursedtc Date Match to Date Tohlto Date Staff Gosh, Consultant o; Contractor Coat Other Costs Thu. Invoice This Invoice This Imares 1 RFP $0.00 $0.00 9U 00 $0.00 $0.00 $0.00 $0 00 4t0 00 $0 00 2 Existing Conditions Report $0.00 $0.00 $0 110 $0.00 $0.00 $0.00 10 0 0 $0 00 4 00 3 Public Outreach $0.00 $0.00 $(1 00 $0.00 $0.00 $0.00 $0 001 $0 00 $U 110 4 Draft Plan $0.00 $0.00 $0 00 $0.00 $0.00 50.00 $0 00 $0 00 $0 0) 5 Final Plan $0.00 $0.00 $0 00 $0.00 $0.00 50.00 $n 00 $0 1,0 $0 00 Total $0 00 36 DJ $0 OD A0 90 g0 00 S0 00 $0 00 $0 OD 0 00 Total Current Expenditures: $0.00 Total Amount Due this Invoice: $0.00 Less 10% Retention: $0.00 Match % Met to Date:' #DIVI01 Total Pioleo 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 Cantrlbutlon % #DN101 Required Match %' #DN10! 32 CERTIFICATION OF GRANTEE I hereby certify thatthe 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 Tale Date 33 ATTACHMENT E RECIPIENT RESOLUTION RESOL 11CN NO. 2015— 25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OP NATIONAL cf Y AUTHORIZING THE F1UNG OFANAPPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH me SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE NATIONAL OW BICYCLE PALING ENHANCEMENTS PROJECT, ACCEPTING THE TERMS OF THE GRANT AGREEMENT WHEREAS. 33 Melon ($3,000,0DP) of Tranat,let funding for capital and non - capital Acti,ra Transpcdattort Brant Program pro ote Is available to local Jurisdiotiprks and the Cow* of San Diego from Fiscal Years 2014.2015, and WHEREAS, the City of National City wishes to receive $50 0Dp hi Active Tranapariation Grant Program funds for the National Clty Bicycle Parking Erihanc manta Project (*Project); and WHEREAS, the City of National City or:doi I ands that tha Active Transportation Grant Program fumding is fixed el the programmed amount, and therms Project cat Indn+eaees that exceed the grant awarded will be the sole reaponsibiky of the City; and WVHER€AS, tho City of National c-ty awes to complete eta proposed Project within a timely matter and In dardtipk:nee with SANDAG Bnasd Policy No. 035. NOW. TNRREFORE, BE IT RESOLVED that the City Council of the +Cary of National City hereby authorize& staff ID subrxtit en application to SANDAG for the TPanaNat Achve Transportation Grand Program funding ire the amount of $5O;000 for the National Clty Bicycle Parking Enhancements Project. BE IT FURTHER RESOLVED Ihaf, fC a grant award is made by SANDAG is fund he National City Bicycle Paddr,g Enhanoementla Project, then the City of National City commits to providing $10,O00, auttwrluat step to accept the grant funds, aurttivrb es the Mayor to acute the grant agreement on aubstantiailyslmtlrirr term as attached, and complete the Project. BE IT FURTHER RESOLVED totem a City Gouno of the City or Naaiona1 City sigmas to Indemnify. hold harmless, and defir0d SANDAL, the San Diego. County Regionat Transportation CommisEorr, and all officers and employees- thereof age nat as MOOS et acllorn or claims retatedto City of National City'e TransNet funded pole*, PASSED and ADOPTED this 17e dray of Wick ATTEST: • ~ ROVED AS TO FOR lia, Clerk 34 CC/CDC-HA Agenda 11/17/2015 — Page 84 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) accepting a TransNet Smart Growth Incentive Grant Program (SGIP) grant award in the amount of $2,000,000 through the San Diego Association of Governments (SANDAG) for the Westside Mobility Im CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 20151 AGENDA ITEM NO. ITEM TITLE: !Resolution of the City Council of the City of National City, 1) accepting a TransNet Smart Growth Incentive Grant Program (SGIP) grant award in the amount of $2,000,000 through the San Diego Association of Governments (SANDAG) for the Westside Mobility Improvements project; 2) authorizing the City Manager to execute the Grant Agreement; and 3) establishing corresponding appropriations for the SGIP grant (a grant match of $200,000 is required). 11 PREPARED BY: Ray Roberson, Management Analyst II PHONE: 1336-4583 EXPLANATION: Please see attached. FINANCIAL STATEMENT: ACCOUNT NO. SGIP Grant 296-06577-3463: $2,000,000 296-209-500-598-6577: $2,000,000 ENVIRONMENTAL REVIEW: N/A) ORDINANCE: INTRODUCTION: DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: APPROVED: Grant Match Funds available through prior City Council appropriations 307-409-500-598-6035 (Street Resurfacing): $200,000 FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: (Adopt the Resolution accepting a TransNet SGIP grant award in the amount of $2,000,000 through SANDAG for the Westside Mobility Improvements project and authorizing the City Manager to execute the Agreemeni� BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: 1. Explanation 2. Grant Agreement 3. Resolution Explanation The Westside Mobility Improvements project will enhance bicycling and pedestrian connections consistent with the Westside Specific Plan and encourage smart growth development. The project will deliver the following improvements: Class ii bike lanes, bike racks, benches, trash receptacles, traffic calming circles and bulbouts at key intersections, sidewalk and pedestrian curb ramp improvements for compliance with Americans with Disabilities Act (ADA), crosswalk enhancements, high -intensity signing and striping, lighting and public art. On March 17, 2015, the City Council adopted Resolution 2015-30 where Council approved the following actions: 1) authorize the filing of an application for $2,000,000 in TransNet Smart Growth Incentive Grant Program (SGIP) funds for this project; 2) commit to a grant match of $200,000; and 3) accept the terms of the grant agreement. On July 24, 2015 the City received notification that the project was approved for full funding by the SANDAG Board of Directors. In order to begin work on the project and submit invoices for reimbursement of eligible expenses, staff requests the following City Council actions: 1) accept a SGIP grant award in the amount of $2,000,000 through SANDAG for the Westside Mobility Improvements project; 2) authorize the City Manager to execute the Grant Agreement; and 3) establish corresponding appropriations for the SGIP grant. TransNet SMART GROWTH INCENTIVE GRANT PROGRAM THIRD FUNDING CYCLE GRANT AGREEMENT NO. 5004744 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF NATONAL CITY REGARDING WESTSIDE MOBILITY IMPROVEMENTS THIS GRANT AGREEMENT NO. 5004744 (Agreement) is made this day of , 2015, by and between the San Diego Association of Governments, 401 B Street, Suite 800, San Diego, California 92101 (hereinafter referred to as "SANDAG"), and the City of National City, 1243 National City Boulevard, National City, California 91950, hereinafter referred to as Grantee. SANDAG and Grantee also are hereinafter collectively referred to as "the Parties." This Agreement expires on RECITALS The following recitals are a substantive part of this Agreement: A. The SANDAG Board of Directors allocates funds under the TransNet local sales tax program to support local transportation -related infrastructure projects in the San Diego region through a competitive process. B. The TransNet Extension Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP), which funding began on April 1, 2008. The SGIP encompasses projects that better integrate transportation and land use and recognizes the comprehensive effort to integrate smart growth place making, access to transit, and environmental justice. C. In January 2010, the SANDAG Board of Directors approved Board Policy No. 035 — Competitive Grant Program Procedures (Board Policy No. 035), which is included as Attachment B. This Grant Award, Agreement and Grantee's performance thereunder are subject to Board Policy No. 035, which includes multiple "use it or lose it" provisions. D. 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. E. On July 24, 2015, the SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds by Resolution Number 2016-02. F. Grantee successfully applied for TransNet SGIP funding for the Westside Mobility Improvements (Project), as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. H. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not take an active role or retain substantial control of the Project. Therefore, this Agreement is characterized as a funding agreement rather than a cooperative agreement. 1. Grantee understands that TransNet funds derive from retail transactions and use tax revenues which fluctuate. SANDAG funding commitment to SGIP Projects, including this Project, is subject to these fluctuations, which may impact funding availability for this Project. NOW, THEREFORE, it is agreed as follows: 1. DEFINITIONS A. Application. The signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf of Grantee and accepted or approved by SANDAG. All of Grantee's application materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in typewritten hard copy or electronically) of a SANDAG official authorized to permit Grantee to take or omit an action required by this Agreement, which action may not be taken or omitted without such written permission. Except to the extent that SANDAG determines otherwise in writing, such approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which 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. D. SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP. E. Grantee. The local jurisdiction that is the recipient of SGIP funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to Grantee authorizing Grantee to proceed with all or a portion of the work described in the Scope of Work. Grantee shall not proceed with the work and shall not be eligible to receive payment for work performed prior to SANDAG issuance of a Notice to Proceed. G. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. ii. PROJECT IMPLEMENTATION A. General. Grantee agrees to carry out the Project as follows: 1. Project Description. Grantee agrees to perform the work as described in the Scope of Work included as Attachment A. 2. Effective Date. The effective date of this Agreement or any amendment hereto is the date on which this Agreement or an amendment is fully executed. Grantee agrees to undertake Project work promptly after receiving a Notice to Proceed from SANDAG. 2 3. Grantee's Capacity. Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project and provide for the use of any Project property; (b) carry out the safety and security aspects of the Project; and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and Grantee, including but not limited to the TransNet Extension Ordinance and Board Policy No. 035. 4. Project Schedule. Grantee agrees to complete the Project according to the Project Schedule included in Attachment A and in compliance with Board Policy No. 035, as amended, and included as Attachment B. 5. Project implementation and Oversight. Grantee agrees to comply with the Project Implementation and Oversight Requirements, included as Attachment C, and Board Policy 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 evaluating and ranking the Project based on SANDAG SGIP scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require re-evaluation or result in loss of funding. If Grantee knows, or should have known, that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the SGIP and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have SGIP 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. Grantee agrees notify SANDAG of any media and community outreach efforts, including presentations to community groups, other agencies, and elected officials. Grantee agrees to assist SANDAG with media or community events related to the Project, such as ground breaking and ribbon cutting. Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral, but may never be included in such documents without advance approval from SANDAG. As part of the quarterly reports submitted to SANDAG, Grantee agrees to provide Project milestone information to support media and communications efforts. SANDAG reserves the right to use the information provided by Grantee for any combination of the following, including but not limited to: social media posts, online photo albums, videos, press releases, PowerPoint presentations, web updates, newsletters, and testimonials. In submitting photos to SANDAG, Grantee agrees to release the rights of the photos to SANDAG for its use. 8. Project Signage and Designation of TransNet Funded Facilities. Each capital project in excess of $250,000 funded in whole or in part by revenues from the TransNet Extension Ordinance shall be clearly designated during its construction or implementation as being provided by revenues from the TransNet Extension Ordinance. 3 Grantee agrees to follow the Project Signage Specifications. SANDAG will provide sign specifications. Grantee agrees to follow sign specifications and submit proof files to SANDAG for approval before printing. 9. Baseline Data Collection. For capital projects, Grantee is required to coordinate with SANDAG staff on the development of a baseline data collection plan in accordance with the Project Implementation and Oversight Requirements. B. Application of Laws. Should a federal or state law pre-empt a local law, regulation, or the TransNet Extension Ordinance, Grantee must comply with the federal or state law and implementing regulations. No provision of this Agreement requires Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require Grantee to violate any law, Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions thereof expeditiously. C. Notice Regarding Prevailing Wages. SANDAG SGIP 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. D. Significant Participation by a Subgrantee. Although Grantee may delegate any or almost all Project responsibilities to one or more subgrantees, Grantee agrees that it, rather than any subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. E. Third Party Contracting. Grantee shall not award contracts over $3,000 on the basis of a noncompetitive procurement for work to be performed under this Agreement without the prior written approval of SANDAG. Contracts awarded by Grantee, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. 1. If Grantee hires a consultant to carry out professional services funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate (ICE) prior to soliciting proposals; publicly advertise for competing proposals for the work; use cost as an evaluation factor in selecting the consultant; document a Record of Negotiation (RON) establishing that the amount paid by Grantee for the consultant services is fair and reasonable; and pass through the relevant obligations in this Agreement to the consultant. 2. If Grantee hires a contractor to carry out construction services funded under this Agreement, Grantee shall: prepare an ICE (e.g., a construction cost estimate) prior to soliciting bids; publicly advertise for competing bids for the work; award the work to the lowest responsive and responsible bidder; document a RON establishing that the 4 amount paid by Grantee for the construction services is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor. F. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entities Affected. Grantee agrees to take appropriate measures necessary to ensure that all Project participants comply with all applicable federal taws, regulations, and policies affecting Project implementation. In addition, if an entity other than Grantee is expected to fulfill any responsibilities typically performed by Grantee, Grantee agrees to assure that the entity carries out 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 Grantee. Thus, Grantee agrees to use a written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Ftowdown. Grantee agrees to include in each document (subagreement, lease, third - party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. No SANDAG Obligations to Third -Parties. In connection with the Project, Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee, third -party contractor, or other person or entity that is not a party to the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, or third -party contract at any tier, SANDAG has no obligations or liabilities to any entity other than Grantee, including any subgrantee, lessee, or third -party contractor at any tier. H. Changes in Project Performance. Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect Grantee's ability to perform the Project in accordance with the terms of the Agreement and as required by Board Policy No. 035. Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG interests in the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, Grantee agrees to send each notice to SANDAG required by this subsection to the SANDAG Office of General Counsel. Standard of Care. Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, its Executive Director, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Grantee or its subgrantees. 5 III. ETHICS A. Grantee Code of Conduct/Standards of Conduct. Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagree- ments, leases, or third -party contracts supported with SGIP funding. 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. Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic vaiue. Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, 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. Grantee agrees that its code of conduct or standards of conduct shall prohibit 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 funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in a firm competing for award. 2. Organizational Conflicts of Interest. Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third -party contractor or subgrantee or impair its objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff members are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for any contract to be made by SANDAG if any individual Board member or staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG. SANDAG officers, employees, agents, and Board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff 6 or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission. Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its SGIP funding application for the Project. D. False or Fraudulent Statements or Claims. Grantee acknowledges and agrees that by executing the Agreement for the Project, 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, Grantee's grant application, progress reports and invoices. IV. AMOUNT OF FUNDING ASSISTANCE Grantee agrees that SANDAG will provide SGIP funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $2,000,000, or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is 90.91 percent. The responsibility of SANDAG 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 SANDAL determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SANDAG Participation. The TransNet MPO ID for the Project is NC23. V. MATCHING FUNDS Grantee has proposed to provide $200,000 which is 9.09 percent in matching funds from sources other than TransNet for the Project and therefore agrees as follows: A. Duty to Obtain Matching Funds. Grantee agrees to provide sufficient funds or approved in -kind resources, together with the SGIP funding awarded, that will assure payment of the actual cost of each Project activity covered by this Agreement. The amount of matching funds and percentage(s) of matching funds Grantee shall provide are set forth in the Approved Project Budget. Grantee agrees to complete all proceedings necessary to provide its share of the Project costs at or before the time the matching funds are needed for Project costs. B. Prompt Payment of Matching Funds. Grantee agrees to provide the proportionate amount of the matching funds promptly as it incurs Project costs or Project costs become due. Each of Grantee's invoices must include its pro-rata matching fund contribution as reflected in the Approved Project Budget, along with supporting, descriptive and/or explanatory documentation for the matching funds provided. C. Reduction of Matching Funds. Grantee agrees that no refund or reduction of the amount of matching funds may be made unless, at the same time, a reduction of the proportional amount of the SGIP funding provided is made to SANDAG in order to maintain the Maximum Percentage(s) of SANDAG Participation. VI. APPROVED PROJECT BUDGET Except to the extent that SANDAG determines otherwise in writing, Grantee agrees as follows: 7 Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project Budget." Grantee will incur obligations and make disbursements of Project funds only as authorized by the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement, unless the re -allocation of funds among budget items or fiscal years that will not increase the total amount of the SGIP 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. VII. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. 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 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 justified by the matching share previously provided, or 2. Take any action that would cause the proportion of SGIP funding made available to the Project at any time to exceed the percentage authorized by the Agreement for the Project. B. Payment by SANDAG. Upon receiving a request for payment and adequate supporting information, SANDAG will make payment, for eligible amounts to Grantee within 30 days if Grantee has complied with the requirements of the Agreement, including submission of a Quarterly Report which is included as Attachment D, has satisfied SANDAG that the SGIP funding requested is needed for Project purposes in that requisition period, and is making adequate progress toward Project completion consistent with Board Policy No. 035. After Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG may reimburse Grantee's apparent allowable costs incurred consistent with the Approved Project Budget. SANDAG shall retain 10 percent from the amounts invoiced until satisfactory completion of work. SANDAG shall promptly release retention amounts to Grantee following Grantee's satisfactory completion of work and receipt of Grantee's final invoice and all required documentation. C. Eligible Costs. Grantee agrees that Project costs eligible for SGIP funding must comply with the following requirements, unless SANDAG determines otherwise in writing. To be eligible for reimbursement, Project costs must be: 1. Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement. 2. Necessary in order to accomplish the Project. 3. Reasonable for the goods or services purchased. 8 4. Actual net costs to Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by 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. 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 Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for TransNet Funding as part of the SGIP. 9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the following documentation as part of the grant application materials: (1) an indirect cost allocation audit approved by a qualified independent auditor, or (2) the applicant's proposed method for allocating indirect costs in accordance with the Office of Management and Budget guidelines. Indirect cost allocation plans must be reviewed and renewed annually. 10. Project generated revenue realized by Grantee shall be utilized in support of the Project. Project generated revenue and expenditures, if any, shall be reported at the end of the Agreement period. D. Excluded Costs 1. In determining the amount of SGIP funding SANDAG will provide for the Project, SANDAG will exclude: a. Any Project cost incurred by Grantee before either the date SANDAG issues a Notice to Proceed to Grantee or the Effective Date of the Agreement or any Amendment thereto; b. Any cost that is not included in the latest Approved Project Budget; c. Any cost for Project property or services received in connection with a subagree- ment, lease, third -party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG; and d. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies. 2. Certain costs at times associated with bicycle and pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists or pedestrians. These instances are listed below. 9 a. Curb and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are 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. 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. Grantee understands and agrees that payment to Grantee for any Project cost does not constitute the final decision of SANDAG about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by Grantee of the terms of the Agreement for the Project or Board Policy No. 035. Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that Grantee is not entitled to receive any portion of the SGIP funding requested or paid, SANDAG will notify Grantee in writing, stating its reasons. Grantee agrees that Project closeout will not alter Grantee's responsibility to return any funds due to SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; nor will Project closeout alter the right of SANDAG to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. Upon notification to Grantee that specific amounts are owed to SANDAG, whether for excess payments of SGIP funding, disallowed costs, or funds recovered from third parties or elsewhere, Grantee agrees to promptly remit to SANDAG the amounts owed, including applicable interest, penalties and administrative charges. VIII. ACCOUNTING RECORDS In compliance with applicable laws, regulations, and policies, Grantee agrees as follows: A. Project Accounts. Grantee agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. Grantee also agrees to maintain documentation of all checks, payrolis, invokes, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be dearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. 10 B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by 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 Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. 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. Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and/or typewritten hard copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and for three years thereafter from the date of transmission of the final expenditure report, Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project, as SANDAG may require. D. Access to Records of Grantees and Subgrantees. Grantee agrees to permit, and require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of Grantee and its subgrantees pertaining to the Project. E. Project Closeout. Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the progress of its work, expenditures incurred, and information regarding whether the Project is projected to be completed within the limits of the Approved Project Budget, Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG. This includes progress and final reports, plans, specifications, estimates, and other evidence of attainment of the Agreement objectives, which are requested by SANDAG or ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including but not limited to ITOC, the Regional Planning Committee, the Transportation Committee, and the SANDAG Board of Directors, to report on its progress and respond to questions. G. Communities Served Data and Report. If requested, Grantee shall provide SANDAG with data regarding how the Project's benefits and burdens were equitably distributed among socio and economic populations in the area affected by the Project, and associated smart growth data. 11 X. PROJECT COMPLETION, AUDIT, SETTLEMENT, AND CLOSEOUT A. Project Completion. Within 90 calendar days following Project completion or termination by SANDAG, Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to Grantee shall be subject to review for compliance by SANDAL with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. B. Project Audit. For TransNet-funded projects: Grantee agrees to have financial and compliance audits performed as SANDAG may require consistent with the TransNet Extension Ordinance. Grantee agrees that Project closeout will not alter Grantee's audit responsibilities. Audit costs are allowable Project costs. C. Performance Audit. Grantee agrees to cooperate with SANDAG or ITOC with regard to any performance audit that is performed on the Project pursuant to the TransNet Ordinance. D. Project Closeout. Project closeout occurs when SANDAG notifies Grantee that SANDAG has closed the Project and, if applicable, either forwards the final SGIP funding payment and/or acknowledges that Grantee has remitted the proper refund. Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. E. Project Use. Grantee was awarded this Agreement based on representations in its grant application regarding the Project's intended use. If the Project is a capital project, Grantee hereby commits to continued use of the Project for the purposes stated in its application for a period of at least five years after completion of construction. SANDAG may require Grantee to refund SGIP funding provided for the Project in the event Grantee fails to utilize the Project for its intended purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PROGRESS 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. B. in the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, 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. 12 C. Upon written notice, Grantee agrees that SANDAG may suspend or terminate all or any part of the SGIP funding to be provided for the Project if Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if SANDAG determines that the purpose of the laws or policies authorizing the Project would not be adequately served by the continuation of SGIP funding for the Project. D. In general, termination of SGIP funding for the Project will not invalidate obligations properly incurred by Grantee before the termination date to the extent those obligations cannot be canceled. lf, however, SANDAG determines that Grantee has willfully misused SGIP funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require Grantee to refund to SANDAG the entire amount of SGiP funding provided for the Project or any lesser amount as SANDAG may determine. E. Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project; however, Grantee must request and SANDAG may agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at the discretion of SANDAG if Grantee's request is consistent with the provisions of Board Policy No. 035. XII. CIVIL RIGHTS Grantee agrees to comply with all applicable Civil Rights laws, regulations and policies and shall include the provisions of this Section XII in each subagreement, lease, third party contract or other legally binding document to perform work funded by this Agreement. Applicable Civil Rights laws, regulations and policies include, but are not limited to, the following: A. Nondiscrimination. SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the public of their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. Grantee must notify SANDAG immediately if a complaint is lodged that 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, 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 Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by this reference 13 and are made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. XIII. OWNERSHIP OF WORK PRODUCT SANDAG shall own any deliverables created in whole or in part for the benefit of SANDAG pursuant to the Scope of Work for the Project. The term "deliverables" includes, but is not limited to, all original drawings, reports, photos, and other documents, including detailed calculations and other work product developed for the Project or services performed on the Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B. Dispute Resolution Process. in the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1. Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to the SANDAG Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within 20 calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to the SANDAG Executive Director. The request for reconsideration must be received within ten calendar days from the postmark date of the SANDAG reply. The Executive Director will respond to the request for reconsideration within ten 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. SANDAG shall respond to a request for mediation within 30 calendar days. The decision of the Regional Planning Committee shall be final. C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all 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 novation) this Agreement or any rights under or interest in this Agreement. 14 XVI. INSURANCE Grantee shall procure and maintain during the period of performance of this Agreement, and for 12 months following completion, policies of insurance from insurance 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 $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others Endorsement." The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as an additional insured. D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to $24 million (Class 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 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 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, asserted or established liability for damages or injuries to any person or property, including injury to Grantee's or its subgrantees' employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of Grantee and its subgrantees and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, 15 however, that Grantee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its Board of Directors, agents, officers, or employees. B. Intellectual Property. Upon request by SANDAG, Grantee agrees to indemnify, save, and hold harmless SANDAG and its Board of Directors, officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. XVIII. INDEPENDENT CONTRACTOR A. Status of Grantee. Grantee shall perform the services provided for within this Agreement as an independent contractor, and not as an employee of SANDAG. Grantee shall be under the control of SANDAG as to the result to be accomplished and not the means, and shall consult with SANDAG as provided for in the Scope of Work. The payments made to Grantee pursuant to this Agreement shall be the full and complete compensation to which Grantee is entitled. SANDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shall not be required to pay any workers' compensation insurance on behalf of Grantee. Grantee agrees to indemnify SANDAG for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which SANDAG may be required to make on behalf of Grantee or any employee of Grantee for work done under this Agreement. 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. 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 Grantee. XX. PROJECT MANAGER Grantee has assigned Kuna Muthusamy as the Project Manager for the Project. Project Manager continuity and experience is deemed essential in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the Project Manager without first providing written notice to SANDAG. 16 XXI. NOTICE Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: SANDAG: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Susan Baldwin/Tracy Wills Grantee: City of National City 1243 National City Boulevard National City, CA 91950 Attn: Kuna Muthusamy Notice shall be effective upon receipt thereof. 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 CITY OF NATIONAL CITY GARY L. GALLEGOS LESLIEE DEESE Executive Director City Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Office of General Counsel CLAUDIA G. SILVA City Attorney Attachments: ® Scope of Work, Project Schedule, and Approved Project Budget (Attachment A) ® Board Policy No. 035 (Attachment B) ® Project Implementation and Oversight Requirements (Attachment C) ® Quarterly Report and Invoice Forms (Attachment D) ® Recipient Resolution (Attachment E) 17 ATTACHMENT A SCOPE OF WORK, PROJECT SCHEDULE, AND APPROVED PROJECT BUDGET CAPITAL PROJECTS: SCOPE Of WORK SCHEDULE, ANP IiUDI.'ET PROGRAM: `SMART GROWTH INCENTIVE PROGRAM PART I: PROJECT OVERVIEW PROJECTTNLV IWestslde Mobility Improvemenh, Project PROJECT LIMITS. The •:.elect is contained •41 Thin the Dowrltcwil and Wastsldc 5pEcIfkk PISS: areas and Includes imp/n.amenA' along Wilson Avenue, Hooves Avenue, 12th Street, CIVIC Getter Dr, and 14th Street. This reel cct.o also located within SANDAG's Reg ,.rral SmartGrowih Map areas NC-) and NC-2. PROJECT SUMMARY: The proposed;.-ojed enhances bicycingarid peJesi,Ian cs•nnectlon;in the Downtown ant Wesislde Sneclfle Flan areas and encourn n sma rt growth de4elo,lment Through the Tollowir lmprovemerts• completing the missing Jess 11 ;icyd c facilities, ' ncyd a reds, trash/recvcl ng receptacle:, intersection 'mahout: at key I,fiersechorss, 112A-mmpll ant curb ramps at lntesUlohs wrth improved u.s.n.wal Ls, traffic atcies a.1O bite neck s,s, deed ■eve street kg: dsngalong the WI Iso,l met. asi:. qtt 5V eh,. am,nunity curndhr;, µibiic a,t wtt.a, the traffic ardes, ,rid cammuncatronc support synem All improvements are cons, stsnt with the buiklo.4 oftlieWedal,:e Speatlr PIan,wi,ich is planned to reelevelor and the impmvernenes will support the h tu; a m,aed-.se day et, p cer,ts In 11.- area, PART ILSCOPE OF WOR R. SCHEDULE. AND BUDGET Pronase tasks del Hera isles, a 0 nseframe, and a budget fat Imp' emenang the prof ect The protect Ichedulc mUSL be based an "Months irons Nodce to Proceed." Capltaf aromas a, c also segw, ed to !,elude SSW/ to. baseline bicycle an.I p edest, ran datu coil eel on Also idennly any sea sona constrants that m ay re owe the overall protect, or r,eofic tasks to begin n. he complete,' ray a specific date. T/.SY,r00. Tnsa GESCRIPII0N UELIVLF, iFSLLS' I,14.FN U.41 L': Li,MPLf1Ii:N GATE': GO :i I: N: 1 LWledBeselmeOats, {REQLIIREDr Bsiehne Data Collecuarr Plea RtiyeJkelPedOetr. Tionesta Proceed fNTFI d ' SAl?ODO 2 CLMOlete Enpnee.ingand Final Dmw, 1 J. P alcttaitana(^atnant - Srah,s. Reports - d 6 n - _ SbAiL 01,. 2 2 Contract Enguleedng Fnelnea; ing Coirtrac4 JO'F., EDS. bulls, and look plans g 9 6I. 13o.0o0 CO _ Corr,QletePralectcorcwction :,1 A,saR.Cof,strortlan trant act Hid Documents, Contract. 9 _ _ So,o00.00 2 u,nsVucnon ManagErmert State; ita7,u.t; . 12 - M. a 155;0OOcr. �._ Complete P. ofect Ca.,mucdo.. Notice of C.,mpleliu., 11 14 12 a 1-50,UOLAU DUPATIUN NobaetnPr.-rnec' (NIP) i4 24 TOTAL. 24 $ 1,2U0,1100-O0 *Start and Com ph,aan dates shall be traded aaingrMa,ttlii from Notice to Proceed IN1PT SEASONAL CONSTRAINTS, IF ANY. PART III: F WLING SOJJRt TOTAL PROJECT COST: TOTAL GRANT AMOUNT REQUESTED FROM SANOAG: TOTAL MATCH AMOUNT THAT WILL BE CONTRIBUTED. SANDAL JL CONTRIBUTION. MATH( k' ii.NTm&J111/N. PART IV. PHASING (j aVnffD FOR SELECT PROJECTSI n/a 2.200,1100A0 2,0a0.000.W0 200,00011U 915 A mule plan 0 re urea for roeam Mat cani3Ot macaw 1Ynaea ay .plIJ w arias. w ire PRASE1 DESIGN. E 1.4+AD0•00 PHASE 2 CONSTRUCT EICYCIE/MORILITY IMPROVhmENTS d 65U,004.00 PHASE 3 'XMISTRDCT PEDESTRIAN IMPROVEMENTS. r5 466,OD0 GO PHASE4 CONSTRUCTUGHTINatCO,4MUNICATI0N5 IMFROVEMENTS S 850,090.00 TDaAL-f. - 1,200,000.00 TransNet MPO ID NO.NC23 ant raq mesh, over $1 mdi,or,- 18 ATTACHMENT B BOARD POLICY NO. 035 BOARD POLICY NO. CJ 3 5 COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy This Policy applies to all grant programs administered through SANDAG, whether from TransNet or another source, including but not limited to the Smart Growth Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Federal Transit Administration grant programs, and Active Transportation Grant Program. Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requirements in this Policy. There are never enough government grant funds to pay for all of the projects worthy of funding in the San Diego region. For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees accountable to the project schedules they have proposed in order to ensure fairness in the competitive process and encourage grantees to get their projects implemented quickly so that the public can benefit from the project deliverables as soon as possible. Procedures 1. Project Milestone and Completion Deadlines 1.1. When signing a grant agreement for a competitive program funded and/or administered by SANDAG, grant recipients must agree to the project delivery objectives and schedules in the agreement. In addition, a grantee's proposal must contain a schedule that falls within the following deadlines. Failure to meet the deadlines below may result in revocation of all grant funds not already expended. The final invoice for capital, planning, or operations grants must be submitted prior to the applicable deadline. 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary construction contract must be awarded within two years following execution of the grant agreement, and construction must be 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 19 following execution of the grant agreement, and the planning project must be 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 agreement, and the operations must commence within six months following award of the operations contract. If no services contract for operations is necessary, the operations project must commence within one year of execution of the grant agreement. 1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment or vehicles, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award of the purchase contract. 2. Project Milestone and Completion Deadline Extensions 2.1. Schedules within grant agreements may include project scopes and schedules that will identify interim milestones in addition to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAG Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a completion deadline in Section 1 must be approved by the Policy Advisory Committee that has been delegated the necessary authority by the Board. For an extension to be granted under this Section 2, the following conditions must be met: 2.1.1. For extension requests of up to six months, the grantee must request the extension in writing to the SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension should be granted. The Executive Director's action will be reported out to the Board in following month's report of delegated actions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive 20 Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. 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 that were already granted extensions by the Executive Director and are again falling 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 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. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If sufficient time is available, and the grant utilized TransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representative available at the meeting to present the information to, and/or answer questions from, the ITOC and Policy Advisory Committee. 3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuating circumstances that the grantee could not have reasonably foreseen. 4. Resolution and Execution of the Grant Agreement 4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed grants, prospective grantees must submit a resolution from their authorized governing body that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets the requirements in this Subsection 4.1 will result in rejection of the application and the application will be dropped from consideration with funding going to the next project as scored by the evaluation committee. In order to assist grantees in meeting this resolution deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant application submission. 4.1.1 Grantee governing body commits to providing the amount of matching funds set forth in the grant application. 4.1.2 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for 21 execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 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 22 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 grant -funded improvements, the Grantee is responsible for developing a baseline data collection plan with SANDAG to gather information on pedestrian and bicyclist activity. At a minimum, data should be collected for observed bicycle and pedestrian volumes, behavior, and attitudes in the project area. Once the data collection plan is approved by SANDAG staff, the Grantee is responsible for carrying out the plan and returning collected data to SANDAG as a deliverable. Standardized forms required for data collection will be provided by SANDAG. Grantees are encouraged to use the National Bicycle and Pedestrian Documentation Project methodology and plan for the following: • Conduct counts prior to project construction, during National Documentation Days in the second week of September. Supplementary counts and surveys can be conducted during January, May, and July to provide seasonal data, if desired. • Conduct counts for two hours, at peak times relative to the facility. For example, facilities attracting utilitarian trips should be counted on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., whereas facilities attracting recreational trips should be counted on a Saturday, from 9 to 11 a.m. In the case that the above timeframes are deemed infeasible due to the project schedule, the Grantee and SANDAG will collaborate on an alternative data collection methodology and procedure. A subset of Grantees may be selected for in-depth evaluation by SANDAG, in which case, SANDAG will conduct the data collection effort with required participation from Grantee staff. Such in-depth evaluation conducted by SANDAG will take place solely for the purpose of SANDAG Active Transportation data collection and monitoring efforts, and will not impact Grantees' budgets. Grantees should plan to budget $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. 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 23 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 progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. Furthermore, the Grantee agrees to provide project milestone information (such as presentations to community groups, other agencies, and elected officials, ground-breakings, and ribbon -cuttings) to support media and communications efforts. 6. Media and Community Outreach Coordination: Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral. Furthermore, the grantee agrees to provide project milestone information to support media and communications efforts. 7. Photo Documentation: Grantees are responsible for the following photo documentation: • Before and after photos, which should be taken from similar angles to showcase how a particular area has been transformed over time. • Project milestone photos (such as ground-breakings and ribbon -cuttings). • Photos taken throughout construction phases and throughout the length of the project. Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captions with project descriptions, dates, locations, and the names of those featured, if appropriate. 8. Project Signage: Each project or program in excess of $250,000 funded in whole or in part by revenues from the TransNet Extension Ordinance shall be clearly designated during its construction or implementation as being provided by such revenues. SANDAG will provide sign specifications. Grantee agrees to follow sign specifications and submit proof files to SANDAG for approval before printing. 9. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvements against stated project objectives, and evaluate the overall grant program. Grantee is expected to meet with SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as 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. 24 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 (Attachment A). 3. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 4. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all stakeholder and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 5. Media and Community Outreach Coordination. Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral. Furthermore, the Grantee agrees to provide project milestone information to support media and communications efforts. 6. Photo Documentation. Grantees are responsible for the following photo documentation: • Existing conditions photos, which should illustrate the current conditions of the project site and demonstrate the need for improved facilities • Project milestone photos (such as workshops, presentations to community groups, other agencies, and elected officials) Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captions with project descriptions, dates, locations, and the names of those featured, if appropriate. 25 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 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 Request for Proposal and convened a selection panel of five members from the City, Metropolitan Transit System, North County Transit District, and SANDAG to shortlist three of nine firms. The panel interviewed the three firms and selected XYZ Group for this project. The City Council approved the consultant contract with XYZ Group on January 1, 2014. City staff held a kick-off meeting on January 10, 2014. • Task 2 — Public Outreach: City staff and XYZ Group began organizing the first workshop for this project. The anticipated date of the first workshop will be in the February/March 2014 timeframe. • Task 3 — 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. 26 3. Is there an accompanying invoice for this period? [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:/lsandag.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] [mm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 2: Policy No. 035 Milestone [mm/dd/yy] [mm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yyi [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/yy] 27 • 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 SANDAL 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 28 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, ConsultantiContractor Costs, andOther Costs. Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant. Staff Costs should be supported by certified payroll documentation Consultant costs should be supported by the consultant inwice AND a proof of payment. The proof of payment can be either a copy of the check provided to the consultant or printout from the project's financial accounting system showing that funds were disbursed. Contractor costs should bo supported by the contractor inwice, schedule of values. AND a proof of payment. The proof of payment can be either a copy of the check prolded 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 inwice 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 checkpro%ded to the vendor or printout from the project's financial accounting system showing that funds were disbursed. Clearty 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. "Confine that you have the adequate documentation. Break down each cost by task. This will help with the next step to complete the inwice 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 Inwice 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: sgatgrantsasandad.o rg 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 workbook. Files in excess of 6MB should be submitted via: httos://sandad.wetransfer.com 29 );PART STAFF COSTS • Personnel Time Period Hours Staff Person A -mm/ddivv,i9 nUnicki/Y1 Staff Person B mm/cieffyy to mm/drilyy . Staff Person C ,mm/ddiyy to mm/dd/yy [INSERT ADDITONAL LINES AS NEEDED] 'Hourly Rate 10 $ 10• $ 10 •$ Amount Documentation Attached? 100.00 : $ 1,000.00 YES/NO 100.00 $ 1,000.00 100.00 $ 1,000.00 ,YES/NO :PART 2: CONSULTANT/CONTRACTORCOSTS Consultant/Contractor Consultant XYZ Consultant XYZ Consultant XYZ Outreach Organization ABC [INSERT ADDiTONAL LINES AS NEEDED] :Invoice No. Invoice Date :Description of Costs Amount 'Documentation Attached? 1 1/1/2014:Professional services for the $ 10000.00 YESINO month of January 2014 2: 2/1/2014i Professional services for the $ .10,000.00 YES/NO .month of Februane 2014 3 3/1/2014 Professional services for the $ 10,000.00 .:YES/NO month of March 2014 1 3/1/2014,Outreeciifrvim January 2014 tci $ 10,000.00 YES/NO March 2014 jamtr 3, OTHER COSTS Vendor Vendor A Vendor B VendorC [INSERT ADDITONAL 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 2J1/2014!Nevos Announcement for $ 100.00 .YES/NO February 2014 Workshop 1: 2/28/2014 Snacks for February 2014 " $ 100.00 'YES/NO Workshop 30 To: From: TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE SUCH! MUKHERJ EE Proloct Name ,FROJECTNAME1 SANDAG Contract Number' 600300r .401 B Street Suite 800 San Diego, cA 921014231 Name . . . Address Grant InvOiCe Number: X Billing Period: FROM Invaice Dale:i DATE_ Grant Award: $0.00 Balance Remaining. $0.00 TO TASK Pi emous Balance Cur rent MM/013,Yrrt to MktiDONYVY Total Expenses SANOAG Tata! Match Srant Reimbursed to Cate Match to Date Total to Date Staff Costs ConsuPant or Cortirsolor Costs Other Costs This Invoice Thus invoice This Invoice 1 RFP $0.00 $0.00 $0 00 $0.00 $0.00 $0 00 $0 00 $.) 00 8000 2 Existing Conditions Report $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 so no $0 Do $1 00 3 Public Outreach $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 SO 00 $0 0.-J SC. 00 4 Draft Plan $0.00 $0.00 so no $0.00 80.00 $0.00 $o oo sn rw so 00 5 Final Pion $0.00 $0.00 4i0 00 $0.00 $0.00 $0.00 .a0 00 NO O.) $0 00 Total SO OD 60 00 :0 00 $0 00 $0 OU $0 00 so 00 $0 03 $0 00 .. _ ... , . .... .... __ .. .. _. .. Total Current Expenditures' $0.00 Total Amount Due this Invoice: $0.00 ,... ... Less 10% Retention: $0.14 Match %Met to Dateir - XDIWOI Total roject Budget (Gratrt +Match) Task 1 $0.00 Task 2 $0.00 Task 3 $0.00 Task 4 $0.00 Task 5 $0 00 TOTAL $0 09 SANDAG Grant $0.00 Match: $0.00 SANDAG • Contribution % #Drv/0! Required Match % ' XIDIV/Ol 31 CERTIFICATION OF GRANTEE I nerecycertify that the above costs were incurred In performance otthe work required under tnegrant and are consistent with the amounts evidenced by attached supporting documents and expenditures. Signature Printed Name and Title - Date 32 ATTACHEMENT E RECIPIENT RESOLUTION RESOLUTION NO, 2075 30 (Cofrected Resolution) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL, CITY AUTHORIliNG THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE WESTSIDE MOBILITY IMPROVEMENT PROJECT, ACCEPTING THE TERMS OF THE GRANT AGREEMENT WHEREAS, $12 Million ($r12,000,000) of'LrensNet funding for ital and planning Smart Growth incentive Program projects Is evallabfe to local jurisdictions and the County of San Diego from Racal Years 2014-2016; and WHEREAS, the City of National City wishes to receive 52,000,000 in Smart Growth Incentive Program funds for the Vitesteide Mobility Improvement Project CProjed'}; and WHEREAS, the City of National City understands that the Smart Growth incentive Program fundlha is fixed at the programmed amount, end fire Project cost increases that exceed the grant awarded will be the sole responsibility of the City; and WHEREAS, the City of National City agrees to complete the proposed Prole ct within a ilnnety matter and in compliance with SANDAG Board Poky No. 035. NOW. THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes staff to submit an application to SANDAG for the TrerrsNet Smart Growth Incentive Program funding In the amount of $2,000.000 for the Westaide Mobility improvement Project. BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the Westeide Mobility Improvement Project then the City of Nattamai City commits to providing $200.000, autherfzea staff to accept the grant funds, authorizes the Mayor to execute the grant agreement on substantially simUar terms as attached, and complete the Project. BE IT FURTHER RESOLVED that the City of National City agrees to indemnify, new harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against rill causes of action or claims related to City of National City`s Transikit funded projects. PASSED and ADOPTED thls ID" day of A+Merah, Rut Morrison, Mayor ATTEST' PROVED . ;TO FOR1t Michael R. tar C Cl IedtaeF � F 33 CC/CDC-HA Agenda 11/17/2015 — Page 120 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) accepting a TransNet Smart Growth Incentive Grant Program (SGIP) grant award in the amount of $320,000 through the San Diego Association of Governments (SANDAG) for the Downtown Specific Plan CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (November 17, 201$ AGENDA ITEM NO. ITEM TITLE: (Resolution of the City Council of the City of National City, 1) accepting a TransNet Smart Growth Incentive Grant Program (SGIP) grant award in the amount of $320,000 through the San Diego Association of Governments (SANDAG) for the Downtown Specific Plan Update; 2) authorizing the City Manager to execute the Grant Agreement; and 3) establishing corresponding appropriations for the SGIP grant (a grant match of $50,000 is required). PREPARED BY: Ray Roberson, Management Analyst II PHONE: I336-4583j EXPLANATION: Please see attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. SGIP Grant 296-06578-3463: $320,000 296-209-500-598-6578: $320,000 ENVIRONMENTAL REVIEW: IN/AI ORDINANCE: INTRODUCTION: APPROVED: APPROVED: Grant Match Funds available through prior City Council appropriations 001-409-000-650-9049: $50,000 FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: [Adopt the Resolution accepting a TransNet SGIP grant award in the amount of $320,000 through SANDAG for the Downtown Specific Plan Update and authorizing the City Manager to execute the Agreement. BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Explanation 2. Grant Agreement 3. Resolution Explanation The Downtown Specific Plan Update will provide an overall update to the original plan adopted in 2005. The plan will consider land use, density, urban design, smart growth and parking management strategies to better accommodate market demand and incentivize redevelopment of the City's urban core. On March 17, 2015, the City Council adopted Resolution 2015-29 where Council approved the following actions: 1) authorize the filing of an application for $320,000 in TransNet Smart Growth Incentive Grant Program (SGIP) funds for this project; 2) commit to a grant match of $50,000; and 3) accept the terms of the grant agreement. On July 24, 2015 the City received notification that the project was approved for full funding by the SANDAG Board of Directors. In order to begin work on the project and submit invoices for reimbursement of eligible expenses, staff requests the following City Council actions: 1) accept a SGIP grant award in the amount of $320,000 through SANDAG for the Downtown Specific Plan Update; 2) authorize the City Manager to execute the Grant Agreement; and 3) establish corresponding appropriations for the SGIP grant. TransNet SMART GROWTH INCENTIVE GRANT PROGRAM THIRD FUNDING CYCLE GRANT AGREEMENT NO. 5004745 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF NATIONAL CITY REGARDING DOWNTOWN SPECIFIC PLAN UPDATE THIS GRANT AGREEMENT NO. 5004745 (Agreement) is made this day of 2015, by and between the San Diego Association of Governments, 401 B Street, Suite 800, San Diego, California 92101 (hereinafter referred to as "SANDAG"), and the City of National City, 1243 National City Boulevard, National City, California 91950 (hereinafter referred to as "Grantee"). SANDAG and Grantee also are hereinafter collectively referred to as "the Parties." This Agreement expires on RECITALS The following recitals are a substantive part of this Agreement: A. The SANDAG Board of Directors allocates funds under the TransNet local sales tax program to support local transportation -related infrastructure projects in the San Diego region through a competitive process. B. The TransNet Extension Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP), which funding began on April 1, 2008. The SGIP encompasses projects that better integrate transportation and land use and recognizes the comprehensive effort to integrate smart growth place making, access to transit, and environmental justice. C. In January 2010, the SANDAG Board of Directors approved Board Policy No. 035 —Competitive Grant Program Procedures (Board Policy No. 035), which is included as Attachment B. This Grant Award, Agreement and Grantee's performance thereunder are subject to Board Policy No. 035, which includes multiple "use it or lose it" provisions. D. 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. E. On July 24, 2015, the SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds by Resolution Number 2016-02. F. Grantee successfully applied for TransNet SGIP funding for the Downtown Specific Plan Update (Project), as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. H. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not take an active role or retain substantial control of the Project. Therefore, this Agreement is characterized as a funding agreement rather than a cooperative agreement. I. Grantee understands that TransNet funds derive from retail transactions and use tax revenues which fluctuate. SANDAG funding commitment to SGIP Projects, including this Project, is subject to these fluctuations, which may impact funding availability for this Project. NOW, THEREFORE, it is agreed as follows: I. DEFINITIONS A. Application. The signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf of Grantee and accepted or approved by SANDAG. All of Grantee's application materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in typewritten hard copy or electronically) of a SANDAG official authorized to permit Grantee to take or omit an action required by this Agreement, which action may not be taken or omitted without such written permission. Except to the extent that SANDAG determines otherwise in writing, such approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which 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. D. SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP. E. Grantee. The Local jurisdiction that is the recipient of SGIP funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to Grantee authorizing Grantee to proceed with all or a portion of the work described in the Scope of Work. Grantee shall not proceed with the work and shall not be eligible to receive payment for work performed prior to SANDAG issuance of a Notice to Proceed. G. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. I1. PROJECT IMPLEMENTATION A. General. Grantee agrees to carry out the Project as follows: 1. Project Description. Grantee agrees to perform the work as described in the Scope of Work included as Attachment A. 2. Effective Date. The effective date of this Agreement or any amendment hereto is the date on which this Agreement or an amendment is fully executed. Grantee agrees to undertake Project work promptly after receiving a Notice to Proceed from SANDAG. 3. Grantee's Capacity. Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project and 2 provide for the use of any Project property; (b) carry out the safety and security aspects of the Project; and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and Grantee, including but not limited to the TransNet Extension Ordinance and Board Policy No. 035. 4. Project Schedule. Grantee agrees to complete the Project according to the Project Schedule included in Attachment A and in compliance with Board Policy No. 035, as amended, and included as Attachment B. 5. Project Implementation and Oversight. Grantee agrees to comply with the Project Implementation and Oversight Requirements, included as Attachment C, and Board Policy 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 scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require re-evaluation or result in loss of funding. If Grantee knows, or should have known, that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the SGIP and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have SGIP 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. Grantee agrees notify SANDAG of any media and community outreach efforts, including presentations to community groups, other agencies, and elected officials. Grantee agrees to assist SANDAG with media or community events related to the Project, such as ground breaking and ribbon cutting. Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral, but may never be included in such documents without advance approval from SANDAG. As part of the quarterly reports submitted to SANDAG, Grantee agrees to provide Project milestone information to support media and communications efforts. SANDAG reserves the right to use the information provided by Grantee for any combination of the following, including but not limited to: social media posts, online photo albums, videos, press releases, PowerPoint presentations, web updates, newsletters, and testimonials. In submitting photos to SANDAG, Grantee agrees to release the rights of the photos to SANDAG for its use. 8. ProjectSignage and Designation of TransNet Funded Facilities. Each capital project in excess of $250,000 funded in whole or in part by revenues from the TransNet Extension Ordinance shall be clearly designated during its construction or implementation as being provided by revenues from the TransNet Extension Ordinance. 3 Grantee agrees to follow the Project Signage Specifications. SANDAG will provide sign specifications. Grantee agrees to follow sign specifications and submit proof files to SANDAG for approval before printing. 9. Baseline Data Collection. For capital projects, Grantee is required to coordinate with SANDAG staff on the development of a baseline data collection plan in accordance with the Project Implementation and Oversight Requirements. B. Application of Laws. Should a federal or state law pre-empt a local law, regulation, or the TransNet Extension Ordinance, Grantee must comply with the federal or state law and implementing regulations. No provision of this Agreement requires Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. if compliance with any provision of this Agreement violates or would require Grantee to violate any law, Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions thereof expeditiously. C. Notice Regarding Prevailing Wages. SANDAG SLIP 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. D. Significant Participation by a Subgrantee. Although Grantee may delegate any or almost all Project responsibilities to one or more subgrantees, Grantee agrees that it, rather than any subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. E. Third Party Contracting. Grantee shall not award contracts over $3,000 on the basis of a noncompetitive procurement for work to be performed under this Agreement without the prior written approval of SANDAG. Contracts awarded by Grantee, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. 1. If Grantee hires a consultant to carry out professional services funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate (ICE) prior to soliciting proposals; publicly advertise for competing proposals for the work; use cost as an evaluation factor in selecting the consultant; document a Record of Negotiation (RON) establishing that the amount paid by Grantee for the consultant services is fair and reasonable; and pass through the relevant obligations in this Agreement to the consultant. 2. If Grantee hires a contractor to carry out construction services funded under this Agreement, Grantee shall: prepare an ICE (e.g., a construction cost estimate) prior to soliciting bids; publicly advertise for competing bids for the work; award the work to the lowest responsive and responsible bidder; document a RON establishing that the 1 amount paid by Grantee for the construction services is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor. F. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entities Affected. Grantee agrees to take appropriate measures necessary to ensure that all Project participants comply with all applicable federal laws, regulations, and policies affecting Project implementation. in addition, if an entity other than Grantee is expected to fulfill any responsibilities typically performed by Grantee, Grantee agrees to assure that the entity carries out 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 Grantee. Thus, Grantee agrees to use a written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Flowdown. Grantee agrees to include in each document (subagreement, lease, third - party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. No SANDAG Obligations to Third -Parties. In connection with the Project, Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee, third -party contractor, or other person or entity that is not a party to the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, or third -party contract at any tier, SANDAG has no obligations or liabilities to any entity other than Grantee, including any subgrantee, lessee, or third -party contractor at any tier. H. Changes in Project Performance. Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect Grantee's ability to perform the Project in accordance with the terms of the Agreement and as required by Board Policy No. 035. Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG interests in the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, Grantee agrees to send each notice to SANDAG required by this subsection to the SANDAG Office of General Counsel. Standard of Care. Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, its Executive Director, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Grantee or its subgrantees. 5 III. ETHICS A. Grantee Code of Conduct/Standards of Conduct. Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagree- ments, leases, or third -party contracts supported with SGIP funding. 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. Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, 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. Grantee agrees that its code of conduct or standards of conduct shall prohibit 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 funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in a firm competing for award. 2. Organizational Conflicts of Interest. Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third -party contractor or subgrantee or impair its objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff members are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for any contract to be made by SANDAG if any individual Board member or staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG. SANDAG officers, employees, agents, and Board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff 6 or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission. Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its SGIP funding application for the Project. D. False or Fraudulent Statements or Claims. Grantee acknowledges and agrees that by executing the Agreement for the Project, 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, Grantee's grant application, progress reports and invoices. IV. AMOUNT OF FUNDING ASSISTANCE Grantee agrees that SANDAG will provide SGIP funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $320,000, or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is 56.49 percent. The responsibility of SANDAG 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. The TransNet MPO ID for the Project is NC24. V. MATCHING FUNDS Grantee has proposed to provide $50,000 which is 13.51 percent in matching funds from sources other than TransNet for the Project and therefore agrees as follows: A. Duty to Obtain Matching Funds. Grantee agrees to provide sufficient funds or approved in -kind resources, together with the SGIP funding awarded, that will assure payment of the actual cost of each Project activity covered by this Agreement. The amount of matching funds and percentage(s) of matching funds Grantee shall provide are set forth in the Approved Project Budget. Grantee agrees to complete all proceedings necessary to provide its share of the Project costs at or before the time the matching funds are needed for Project costs. B. Prompt Payment of Matching Funds. Grantee agrees to provide the proportionate amount of the matching funds promptly as it incurs Project costs or Project costs become due. Each of Grantee's invoices must include its pro-rata matching fund contribution as reflected in the Approved Project Budget, along with supporting, descriptive and/or explanatory documentation for the matching funds provided. C. Reduction of Matching Funds. Grantee agrees that no refund or reduction of the amount of matching funds may be made unless, at the same time, a reduction of the proportional amount of the SGIP funding provided is made to SANDAG in order to maintain the Maximum Percentage(s) of SANDAG Participation. VI. APPROVED PROJECT BUDGET Except to the extent that SANDAG determines otherwise in writing, Grantee agrees as follows: 7 Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project Budget." Grantee will incur obligations and make disbursements of Project funds only as authorized by the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement, unless the re -allocation of funds among budget items or fiscal years that will not increase the total amount of the SGIP 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. VII. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. 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 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 justified by the matching share previously provided, or 2. Take any action that would cause the proportion of SGIP funding made available to the Project at any time to exceed the percentage authorized by the Agreement for the Project. B. Payment by SANDAG. Upon receiving a request for payment and adequate supporting information, SANDAG will make payment, for eligible amounts to Grantee within 30 days if Grantee has complied with the requirements of the Agreement, including submission of a Quarterly Report which is included as Attachment D, has satisfied SANDAG that the SGIP funding requested is needed for Project purposes in that requisition period, and is making adequate progress toward Project completion consistent with Board Policy No. 035. After Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG may reimburse Grantee's apparent allowable costs incurred consistent with the Approved Project Budget. SANDAG shall retain 10 percent from the amounts invoiced until satisfactory completion of work. SANDAG shall promptly release retention amounts to Grantee following Grantee's satisfactory completion of work and receipt of Grantee's final invoice and all required documentation. C. Eligible Costs. Grantee agrees that Project costs eligible for SGIP funding must comply with the following requirements, unless SANDAG determines otherwise in writing. To be eligible for reimbursement, Project costs must be: 1. Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement. 2. Necessary in order to accomplish the Project. 3. Reasonable for the goods or services purchased. 8 4. Actual net costs to Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by 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. 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoke. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for TransNet Funding as part of the SGIP. 9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the following documentation as part of the grant application materials: (1) an indirect cost allocation audit approved by a qualified independent auditor, or (2) the applicant's proposed method for allocating indirect costs in accordance with the Office of Management Budget guidelines. Indirect cost allocation plans must be reviewed and renewed annually. 10. Project generated revenue realized by Grantee shall be utilized in support of the Project. Project generated revenue and expenditures, if any, shall be reported at the end of the Agreement period. D. Excluded Costs 1. In determining the amount of SGIP funding SANDAG will provide for the Project, SANDAG will exclude: a. Any Project cost incurred by Grantee before either the date SANDAG issues a Notice to Proceed to Grantee or the Effective Date of the Agreement or any Amendment thereto; b. Any cost that is not included in the latest Approved Project Budget; c. Any cost for Project property or services received in connection with a subagree- ment, lease, third -party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG; and d. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies. 2. Certain costs at times associated with bicycle and pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists or pedestrians. These instances are listed below. 9 a. Curb and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are 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. 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. Grantee understands and agrees that payment to Grantee for any Project cost does not constitute the final decision of SANDAG about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by Grantee of the terms of the Agreement for the Project or Board Policy No. 035. Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that Grantee is not entitled to receive any portion of the SGIP funding requested or paid, SANDAG will notify Grantee in writing, stating its reasons. Grantee agrees that Project closeout will not alter Grantee's responsibility to return any funds due to SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; nor will Project closeout alter the right of SANDAG to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. Upon notification to Grantee that specific amounts are owed to SANDAG, whether for excess payments of SGIP funding, disallowed costs, or funds recovered from third parties or elsewhere, Grantee agrees to promptly remit to SANDAG the amounts owed, including applicable interest, penalties and administrative charges. VIII. ACCOUNTING RECORDS In compliance with applicable laws, regulations, and policies, Grantee agrees as follows: A. Project Accounts. Grantee agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. Grantee also agrees to maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. 10 B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by 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 Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. 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. Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and/or typewritten hard copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and for three years thereafter from the date of transmission of the final expenditure report, Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project, as SANDAG may require. D. Access to Records of Grantees and Subgrantees. Grantee agrees to permit, and require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of Grantee and its subgrantees pertaining to the Project. E. Project Closeout. Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the progress of its work, expenditures incurred, and information regarding whether the Project is projected to be completed within the limits of the Approved Project Budget, Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG. This includes progress and final reports, plans, specifications, estimates, and other evidence of attainment of the Agreement objectives, which are requested by SANDAG or ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including but not limited to ITOC, the Regional Planning Committee, the Transportation Committee, and the SANDAG Board of Directors, to report on its progress and respond to questions. G. Communities Served Data and Report. If requested, Grantee shall provide SANDAG with data regarding how the Project's benefits and burdens were equitably distributed among socio and economic populations in the area affected by the Project, and associated smart growth data. 11 X. PROJECT COMPLETION, AUDIT, SETTLEMENT, AND CLOSEOUT A. Project Completion. Within 90 calendar days following Project completion or termination by SANDAG, Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to 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. B. Project Audit. For TransNet-funded projects: Grantee agrees to have financial and compliance audits performed as SANDAG may require consistent with the TransNet Extension Ordinance. Grantee agrees that Project closeout will not alter Grantee's audit responsibilities. Audit costs are allowable Project costs. C. Performance Audit. Grantee agrees to cooperate with SANDAG or ITOC with regard to any performance audit that is performed on the Project pursuant to the TransNet Ordinance. D. Project Closeout. Project closeout occurs when SANDAG notifies Grantee that SANDAG has closed the Project and, if applicable, either forwards the final SGIP funding payment and/or acknowledges that Grantee has remitted the proper refund. Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. E. Project Use. Grantee was awarded this Agreement based on representations in its grant application regarding the Project's intended use. If the Project is a capital project, Grantee hereby commits to continued use of the Project for the purposes stated in its application for a period of at least five years after completion of construction. SANDAG may require Grantee to refund SGIP funding provided for the Project in the event Grantee fails to utilize the Project for its intended purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PROGRESS 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. B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, Grantee shall immediately notify the SANDAG Project Manager in writing, and shalt 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. 12 C. Upon written notice, Grantee agrees that SANDAG may suspend or terminate all or any part of the SGIP funding to be provided for the Project if Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if SANDAG determines that the purpose of the laws or policies authorizing the Project would not be adequately served by the continuation of SLOP funding for the Project. D. In general, termination of SGIP funding for the Project will not invalidate obligations properly incurred by Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that Grantee has willfully misused SGIP funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require Grantee to refund to SANDAG the entire amount of SGIP funding provided for the Project or any lesser amount as SANDAG may determine. E. Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project; however, Grantee must request and SANDAG may agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at the discretion of SANDAG if Grantee's request is consistent with the provisions of Board Policy No. 035. XII. CIVIL RIGHTS Grantee agrees to comply with all applicable Civil Rights laws, regulations and policies and shall include the provisions of this Section XII in each subagreement, lease, third party contract or other legally binding document to perform work funded by this Agreement. Applicable Civil Rights laws, regulations and policies include, but are not limited to, the following: A. Nondiscrimination. SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the public of their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. Grantee must notify SANDAG immediately if a complaint is lodged that 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, 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 Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by this reference 13 and are made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. XIII. OWNERSHIP OF WORK PRODUCT SANDAG shall own any deliverables created in whole or in part for the benefit of SANDAG pursuant to the Scope of Work for the Project. The term "deliverables" includes, but is not limited to, all original drawings, reports, photos, and other documents, including detailed calculations and other work product developed for the Project or services performed on the Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1. Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to the SANDAG Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within 20 calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to the SANDAG Executive Director. The request for reconsideration must be received within ten calendar days from the postmark date of the SANDAG reply. The Executive Director will respond to the request for reconsideration within ten 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. SANDAG shall respond to a request for mediation within 30 calendar days. The decision of the Regional Planning Committee shall be final. C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all 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 novation) this Agreement or any rights under or interest in this Agreement. 14 XVI. INSURANCE Grantee shall procure and maintain during the period of performance of this Agreement, and for 12 months following completion, policies of insurance from insurance 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 $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others Endorsement." The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as an additional insured. D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to $24 million (Class 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 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 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, asserted or established liability for damages or injuries to any person or property, including injury to Grantee's or its subgrantees' employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of Grantee and its subgrantees and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, 15 however, that Grantee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAL, its Board of Directors, agents, officers, or employees. B. Intellectual Property. Upon request by SANDAG, Grantee agrees to indemnify, save, and hold harmless SANDAG and its Board of Directors, officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. XVIII. INDEPENDENT CONTRACTOR A. Status of Grantee. Grantee shall perform the services provided for within this Agreement as an independent contractor, and not as an employee of SANDAG. Grantee shall be under the control of SANDAG as to the result to be accomplished and not the means, and shall consult with SANDAG as provided for in the Scope of Work. The payments made to Grantee pursuant to this Agreement shall be the full and complete compensation to which Grantee is entitled. SANDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shall not be required to pay any workers' compensation insurance on behalf of Grantee. Grantee agrees to indemnify SANDAG for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which SANDAG may be required to make on behalf of Grantee or any employee of Grantee for work done under this Agreement. 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. XIX. SEVERABII.ITY 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 Grantee. XX. PROJECT MANAGER Grantee has assigned Kuna Muthusamy as the Project Manager for the Project. Project Manager continuity and experience is deemed essential in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the Project Manager without first providing written notice to SANDAG. 16 XXI. NOTICE Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: SANDAG: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Susan Baldwin/Tracy Wills Grantee: City of National City 1243 National City Boulevard National City, CA 91950 Attn: Kuna Muthusamy Notice shall be effective upon receipt thereof. 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 CITY OF NATIONAL CITY GARY L. GALLEGOS Executive Director LESLIE DEESE City Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Office of General Counsel CLAUDIA G. SILVA City Attorney Attachments: N Scope of Work, Project Schedule, and Approved Project Budget (Attachment A) N Board Policy No. 035 (Attachment B) N Project Implementation and Oversight Requirements (Attachment C) N Quarterly Report and Invoice Forms (Attachment D) N Recipient Resolution (Attachment E) 17 ATTACHMENT A SCOPE OF WORK, PROJECT SCHEDULE, AND APPROVED PROJECT BUDGET PLANNING/NON-CAPITAL PROJECTS: SCOPE OF WORK. SCHP0ULP, AN. el, DDET PROGRAM: 'SMART GROWTH INCENTIVE PROGRP• rt PART 1: PROJECT OVERV IEW PROJECT TITLE: 'Downtown Specific Plan Update PROJECT LIMITS, The Spr.IBc Plan area ancomoessss Oo mown National City, The Dow. • n area b hounded by DI Mon Street, National City Boulevard. Tth sweat, D A enue. Platy Soule, ltd. Kimball Park, end Interstate 5. Tha 5p. cillc Plan area is within Smart Growth Area NCd and Is visible from the Ord roadway of intentste S. PROJECT SUMMARY: The Downb.:n Specific Plan Update will proyide an overall update to the odglnal pion adopted In 2005. The plan wi11 Incorporate ns.J elements related toSnlart Growth, 300&I* lIy Transportation Demand Management l (DM) and parking poll.e:. Th. :e ' YCH1%0tbe sums of the community r.s increased redevelopmentopportunitle: Increase trensportadon and parkins demands Downtown..omll, the Specific FlanUpdate will revise land use cones, urban dt116n standards and ecornmond future Implementation program 'projects Ina manner that will provide direction for development that '. ill create a unique sense of place In National Uty's Nbrant Downtown core. fART 11 SCOPE OF WORK SCHEDULE AND BUO0F1 rmpoae vcx,oe.warao.ea,n..nie.. 1 a...n. .. e...,con.••••• PresetOar,ptU"a Owaath ••• ..�...... •, •-r. _.__.. ..._•.______..__ NTP 1.1 Project Kick -ON Final Scope of V,Ork Nut,. to Prc }MP) red 3 3 5 9.000.00 1' . .- tardin_Tian and l Ie.., - Pupil....:' inks• the ro1HsT Rh Gp_ra2f thtoralmat'tllpht•cl of the i.I...;t, w..dd.:'.. ILT,...T•(.' PrOsitt rasatdmlpon comas. 0 .. .. Ja . l� .-. - -' 17I.C110 D0 • 1.3 Community Outreach and Public Participation Program C.0mmonlbr outre ten :soil, plan and SChed ale memorandum; At st three (3) oummunhy outreach attivltle3 all opmrounity Putram'h materials and handouts 3 tg 15 $ 50,000.00 • .r Rt,! Owen, s:anL,tesn.. . g• S 2.1 Base IMormatto1 Map Gllectlon antl Review Basa map for the pnaJactan a; existing plans; projects end studies. tame random 3 a 1 5 10,000.00 22 Censer, eaaonl'Lsti, Vac:ndl.irb.in 22o.t saint: SVPmaly Nettw.atd5 lard us.' _ S q .,.5YO OS/ 2.3 ExiatlOg Circulation and Rerlew Tryn3paratlon Analyser Summery Memoranda, Including circulation and traMportadon 9 6 3 5 2,500.00 S.P • PL'•I., F.+trtg mavn.wdurs,tnd L•:d. ie.' PAST: Y•.penary Mentor;Oda, Indus.. ihtra:.ss'Ouru.aud 3 .. f a 11*0 Da 2.5 Review Existing Parking Conditions AnalYns Summary Memoranda, Including Parking infrartructuiv 3 6 3 $ 4,000.00 L reio...t1 Rk.. 05Jgnrn: _ t:yvs L.mf.r' e:tMAe:lnpy mCl d,nrinalTe. Nd1:V B .. 6 ` . - _. • ='Ltitvs r 9 Prepare Draft PlanaToehnICll Studies 6 32 6 SS gCi.w»y..l[etn ttf L• UP to three (B)stioe'rtuil alsetnottor Oohs L 13,t101120 1'2 Props re Preferred land Ula Plan and Bulidout Calculations One (l) draft and final Malden. lend use table end easoclatad Land Use Plan T 10 3 $ 13,900.00 Cir,aI-p..'klminUusa•t Dl.,p•r,ihe,itn flut (E) Isted a spa: and one jl) olL_t:om:i POFroJsVCT•S ,..lmima'."Itl•sCf+R ePtcdt: Phan- .. 1,, - s 3 . e . 1D.f100 OS . 39 City Council and Planning Commission Joint Study Sondes• Draft SpeeRle Plan PewerPoint presentation and other study session materials 11 12 1 $ 5,000.00 . •' ;5 . ... •. -. - •. ., a i.e3ars EY.n TnmsntT1Ootun.tthlben ' ., all ',paired topic. of tivaapye n0P..ap1r Rory Inilitl•Studx... ..dmro.atrtb•Y. Dryt ER::ed Tr:hnleri :.Ppettdiee.- .1.i. trttne Fin d Draft PIP. and T_hnlesl :-,},p..nJa:ss Final Elf af nJ Tuhn.eal ops nd.-as h:tazn. ato:.omms net Of sR, F1.im4:2nd_t'a'.r etc of W:md.nl Der.sior,,, trd.fc:la. of rclt.rr.n.tat.e.t in 2.-colean.% .Jl:hlstas.BtadfAno•' '! •• r .. 11 ... '. - • s o _ r ..• •' • •, • . . .. .nrsl,00R.rq' .. _ , 4 Propane Final Plan 12 13 6 .5 " • • `r.pn.c Rd,,_ T.•ne•,Dlait'peuh"Plt,t • ' Fllyasn tl:'l hwnd l llyd t on.,, ,11 ,,..p vdtx..21, n Lc and C0e,1. t let -rem', r on mni at. Pubis. F.5.,_, toatt2psabc Nan 1.,:.9 .. 1 10.0600C . . 4.2 Planning Cammistlon and City Council Public Hearings Attettdenra of at Iaa't one 11) PlanningC4600ls opublic heating and at elPit one 11} CTtV Council public Marais¢; WwerPOInt presentation 12 15 3 $ S.00DAD 41 Prn^arc Final:pc:*-cflan ' • Fda,a5 (1.a) bound hard cei:n:, on_ i1) tep.'educ.iel1 non.: Sands i:.)al. ^honc, eA FM, nail! Oinchs finel :prey... Plan 1` • . - 15 3 _ . ... E,0000O TOTAL' la $ 920.000.00 •Sbet and Completion dates shall ba tracked Llama ^Mrr,0H.s from Notice to ?ARTS,: FUNDING SOI IRPFS TOTAL PROJECT COST' TOTAL GRANT AMOUNT REQUESTED FROM SANDAL: TOTAL MATCH AMOUNT THAT WILL BE CONTRIBUTED: SANDAL 6f CONTR1.UT10Nt MATCH ft CONTRIBtf1ON: TransNet MPO ID NO.NC24 970,000,00 320,000.00 50,0011.00 CLOP A164355 0.135135135 18 ATTACHMENT B BOARD POLICY NO. 035 111C, COMPETITIVE GRANT PROGRAM PROCEDURES BOARD POLICY NO. 0 3 5 Applicability and Purpose of Policy This Policy applies to all grant programs administered through SANDAG, whether from TransNet or another source, including but not limited to the Smart Growth Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Federal Transit Administration grant programs, and Active Transportation Grant Program. Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requirements in this Policy. There are never enough government grant funds to pay for all of the projects worthy of funding in the San Diego region. For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees accountable to the project schedules they have proposed in order to ensure fairness in the competitive process and encourage grantees to get their projects implemented quickly so that the public can benefit from the project deliverables as soon as possible. Procedures 1. Project Milestone and Completion Deadlines 1.1_ When signing a grant agreement for a competitive program funded and/or administered by SANDAG, grant recipients must agree to the project delivery objectives and schedules in the agreement. In addition, a grantee's proposal must contain a schedule that falls within the following deadlines. Failure to meet the deadlines below may result in revocation of all grant funds not already expended. The final invoice for capital, planning, or operations grants must be submitted prior to the applicable deadline. 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary construction contract must be awarded within two years following execution of the grant agreement, and construction must be 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 19 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 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 agreement, and the operations must commence within six months following award of the operations contract. If no services contract for operations is necessary, the operations project must commence within one year of execution of the grant agreement. 1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment or vehicles, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award of the purchase contract. 2. Project Milestone and Completion Deadline Extensions 2.1. Schedules within grant agreements may include project scopes and schedules that will identify interim milestones in addition to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAG Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a completion deadline in Section 1 must be approved by the Policy Advisory Committee that has been delegated the necessary authority by the Board. For an extension to be granted under this Section 2, the following conditions must be met: 2.1.1. For extension requests of up to six months, the grantee must request the extension in writing to the SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension should be granted. The Executive Director's action will be reported out to the Board in following month's report of delegated actions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive 20 Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. 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 that were already granted extensions by the Executive Director and are again falling 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 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. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If sufficient time is available, and the grant utilized TransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representative available at the meeting to present the information to, and/or answer questions from, the ITOC and Policy Advisory Committee. 3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuating circumstances that the grantee could not have reasonably foreseen. 4. Resolution and Execution of the Grant Agreement 4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed grants, prospective grantees must submit a resolution from their authorized governing body that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets the requirements in this Subsection 4.1 will result in rejection of the application and the application will be dropped from consideration with funding going to the next project as scored by the evaluation committee. In order to assist grantees in meeting this resolution deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant application submission. 4.1.1 Grantee governing body commits to providing the amount of matching funds set forth in the grant application. 4.1.2 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for 21 execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 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 22 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 grant -funded improvements, the Grantee is responsible for developing a baseline data collection plan with SANDAG to gather information on pedestrian and bicyclist activity. At a minimum, data should be collected for observed bicycle and pedestrian volumes, behavior, and attitudes in the project area. Once the data collection plan is approved by SANDAG staff, the Grantee is responsible for carrying out the plan and returning collected data to SANDAG as a deliverable. Standardized forms required for data collection will be provided by SANDAG. Grantees are encouraged to use the National Bicycle and Pedestrian Documentation Project methodology and plan for the following: • Conduct counts prior to project construction, during National Documentation Days in the second week of September. Supplementary counts and surveys can be conducted during January, May, and July to provide seasonal data, if desired. • Conduct counts for two hours, at peak times relative to the facility. For example, facilities attracting utilitarian trips should be counted on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., whereas facilities attracting recreational trips should be counted on a Saturday, from 9 to 11 a.m. In the case that the above timeframes are deemed infeasible due to the project schedule, the Grantee and SANDAG will collaborate on an alternative data collection methodology and procedure. A subset of Grantees may be selected for in-depth evaluation by SANDAG, in which case, SANDAG will conduct the data collection effort with required participation from Grantee staff. Such in-depth evaluation conducted by SANDAG will take place solely for the purpose of SANDAG Active Transportation data collection and monitoring efforts, and will not impact Grantees' budgets. Grantees should plan to budget $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. 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 23 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 progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. Furthermore, the Grantee agrees to provide project milestone information (such as presentations to community groups, other agencies, and elected officials, ground-breakings, and ribbon -cuttings) to support media and communications efforts. 6. Media and Community Outreach Coordination: Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral. Furthermore, the grantee agrees to provide project milestone information to support media and communications efforts. 7. Photo Documentation: Grantees are responsible for the following photo documentation: • Before and after photos, which should be taken from similar angles to showcase how a particular area has been transformed over time. • Project milestone photos (such as ground-breakings and ribbon -cuttings). • Photos taken throughout construction phases and throughout the length of the project. Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captions with project descriptions, dates, locations, and the names of those featured, if appropriate. 8. Project Signage: Each project or program in excess of $250,000 funded in whole or in part by revenues from the TransNet Extension Ordinance shall be clearly designated during its construction or implementation as being provided by such revenues. SANDAG wilt provide sign specifications. Grantee agrees to follow sign specifications and submit proof files to SANDAG for approval before printing. 9. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvements against stated project objectives, and evaluate the overall grant program. Grantee is expected to meet with SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as 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. 24 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 (Attachment A). 3. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 4. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all stakeholder and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 5. Media and Community Outreach Coordination. Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral. Furthermore, the Grantee agrees to provide project milestone information to support media and communications efforts. 6. Photo Documentation. Grantees are responsible for the following photo documentation: • Existing conditions photos, which should illustrate the current conditions of the project site and demonstrate the need for improved facilities • Project milestone photos (such as workshops, presentations to community groups, other agencies, and elected officials) Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captions with project descriptions, dates, locations, and the names of those featured, if appropriate. 25 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: • Task 1 s Award Consultant Contract: Issued Request for Proposal and convened a selection panel of five members from the City, Metropolitan Transit System, North County Transit District, and SANDAG to shortlist three of nine firms. The panel interviewed the 3 firms and selected XYZ Group for this project. The City Council approved the consultant contract with XYZ Group on January 1, 2014. City staff held a kick-off meeting on January 10, 2014. • Task 2 - Public Outreach: City staff and XYZ Group began organizing the first workshop for this project. The anticipated date of the first workshop will be in the February/March 2014 timeframe. • Task 3 - 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. 26 3. Is there an accompanying invoice for this period? [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 Date Task 1 [mm/dd/yy] Imm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 2: Policy No. 035 Milestone [mm/dd/yy] [mm/dd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yyj [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/yy] 27 • 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 Procedures and grant agreement terms and conditions. PART 4: PROJECT STATUS REPORT SIGNATURE Prepared by Date: Project Manager • • 28 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 Cost&. Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant. Staff Costs should be supported, by certified payroll documentation . Consultant costs should be supported by the consultant inwice AND a proof of payment. The proof of payment can be either a copy of the check provided to the consultantor printout from the proJeot`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 provfded to the contractor or a printout from the_project's financial accounting system showing that funds were disbursed. Other costs should be supported by either an invoice from the vendor or a receipt AND must be accompanied by a proof of payment. The proof of payment can be either a: copy of the check provided to the vendor or a printout from the projects financial accounting system showing that funds were disbursed. Clearly identify (i.e., highlight or circle) all grant -related expenses on documents that Include non -related costs. Step 3: Complete the Expense Summary. Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurred during the reporting period. T . Confirm that you have the adequate documentation. Break doom each cost by task. This will help with the next step to complete theinw_ice 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: snatg rants(etsa ndag,org Sign and scan the completed Quarterly Progress Report. Submit it in PDF form. Sign and scan the inwice statement. Submit it in PDF form. _ Submit supporting documentation in PDF form_. Submit the completed Excel workbook. Files in excess of 6MB should be submitted via: https://sandagmetransfer.com 29 ;PART] STAFF COSTS Personnel Staff Person A Staff Person B Staff Person C :[INSERTADDITONAL LINES AS NEEDED] Time Period Hours Hourly Rate ;mm/dd/vy to mm/dd/yy 10 $ mm/dd/yy to mm/ddlyy 10 $ mm/dd/yy to mm/dd/yy ° - 10 $ 'Amount Documentation Attached? 100.00 $ 1.000.00-YES/NO 100.00 : $ 1.006.00 :YES/NO 100.00 ' $ 1,000.60 YES/NO PART 2. CONSULTANT/CONTRACRCOSTS Consultant/Contractor Consultant XYZ Consultant XYZ ;Consultant XYZ Outreach Organization ABC [INSERTADDITONAL LINES AS NEEDED] :Invoice No. Invoice Date Description of Costs 1 1/1/2014;Professional services for the month of January 2014 2 2/1/2014 Professional senioes fur ilre month of February 2014 3: 3/1/2014 Professional ser ices for the month of March 2014 1 3/1/2014 Outreach from January 2014 to March 2014 Amount Documentation Attached? $ 10,000.00 ;YES/NO $ 10,000.00 '.YESINO $ 10,000.00 YES/NO $ 10,000.00 'YES/NO jPART 3. OTHER COSTS Vendor Vendor A Vendor Vendor C [INSERTADDITONAL 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 3n . To: From: TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE SUCHI MUKHERIff SANDAG 401 0 Street, Suite B00 .San Diego, CA92101-4231 Name Address Project Name: ;IPROJECTNANE1 Contract Number: 600100( Grant invoice Number: # Billing Period: FROM _ Inwlce Dater DATE Gra nt Awa rd: .' Balance Remaining _ $0.00 _ $0,00 TO TASK ?remouaBala noe Current MMNJ.'YYYYtoMM+ODIYIYY Total'Scpenses SANDAG Total Match Spent Rembursedto Date M*.*ehto Date Total to ' Alta StatrC..ate Corm Marl( or Contractor Goss. Other ^oets . This invoice Pus lnvoroe This Invoice 1 RFP $0.00 $0.00 $U 00 $0.00 $0.00 $0.00 SO 00 $ , on $0 00 2 Existing Conditions Report $O.00 $0.00 $0 06 $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 30 Mt $n 00 4 Draft Plan $0.00 $0.00 $tl 00 $0.00 $0.00 $0.00 $0 00 $0 00 $0 00 5 Final Plan $0.00 $0.00 $0 0U $0.00 $0.00 $0.00 $0 00 $0 00 $0 0i.; Total $r, 00 S0 00 $0 00 S0 00 SU 00 :tU (10 V. 00 $0 00 SO 00 Total Current Expenditures: $0.00 Total Amount Due this Invoice: $0.00 Less TO% Retention: $0.00 Match %Met to Date: #DIV101 Total Prole* Budget. (Grant + Matohl Task 1 $0.00 Task 2 $0.00 Task 3 $0.00 Task 4 $0.00 Task 5 $0.00 TOTAL S0 00 SANDAG Grant: $0.00 Match: $0.00 SANDAG Contribution % #DIV/O! Required Match %r #DNl0! 31 CERTIFICATION OF GRANTEE t hereby certify that 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 Date 32 ATTACHEMENT E RECIPIENT RESOLUTION RESOLUTION NO. 2015— 29 RESOLUTION OF 111E 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 ASSQCtATN[ N OF GOVERNMENTS FOR THE DOWNTOWN SPECIFIC PLAN UPDATE PROJECT, ACCEPTING THE TERMS OF THE GRANT AGREEMENT WHEREAS, $12 Million ($12,000,000) of TransNet funa Ir g for capital and planning Smart Grovith Incentive Program projects is available to local jtaeisdlotions and the County of San Diego from Fiscal Years 2014-2016; and WHEREAS, the City of National City wishes to receive $320,000 n Smart Growth Incentive Program fume for the Downtown Specific Plan Update Project (Project*); and WHEREAS. the City of National City understands that the Smart Gnowth Incentive Program funding is fixed at the programmed eniount, and therefore Project cost increases that exceed the grant awarded will be the sole responslbillty of the City; and WHEREAS, the City of National City agrees to complete the proposed Project within a timely matter and in COmigience with SANDAG Beard Policy No. 035. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes staff to submit an application to SANDAG for the TransNet Smart Growth Incentive Program funding in the amount of $320,000 for the Downtown Specific Plan Update Project. BE IT FURTHER RESOLVED that, If a grant award is made by SANDAG to fund the Downtown Specific Pan Update Project, then the City of National City emits to providing 650.000, authorizes staff to accept the grant funds, outhortizes the Mayor to execute the grant agreement on substantially similar terms as attached. and complete the Project. BE IT FURTHER RESOLVED that City of National City agrees to indemnify, hold harmless. and defend SANDAG. the San Diego County Regional Transportation Commiesion, and al officers and employees thereof against all causes of action oar clam related to Olty of National CNty's TransNet funded projects. PASSED and ADOPTED this 17r' day of Mar 015, Ron Morrison, Mayor ATTEST: PROVED A _ 0 FOR MlcFieel R. Della, Crhr Clerk CC/CDC-HA Agenda 11/17/2015 — Page 156 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) accepting a TransNet Smart Growth Incentive Grant Program (SGIP) grant award in the amount of $825,000 through the San Diego Association of Governments (SANDAG) for the Downtown-Westside Wayf CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 201 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) accepting a TransNet Smart Growth Incentive Grant Program (SGIP) grant award in the amount of $825,000 through the San Diego Association of Governments (SANDAG) for the Downtown-Westside Wayfinding and Community Gateways project; 2) authorizing the City Manager to execute the Grant Agreement; and 3) establishing corresponding appropriations for the SGIP grant (a grant match of $200,000 is required). PREPARED BY: Ray Roberson, Management Analyst II PHONE: 336-4583 EXPLANATION: Please see attached. FINANCIAL STATEMENT: ACCOUNT NO. SGIP Grant 296-06189-3463: $825,000 296-209-500-598-6189: $825,000 ENVIRONMENTAL REVIEW: (N/A ORDINANCE: INTRODUCTION: DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: APPROVED: Grant Match Funds available through prior City Council appropriations 296-409-500-598-6189: $200,000 FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: [Adopt the Resolution accepting a TransNet SGIP grant award in the amount of $825,000 through SANDAG for the Downtown-Westside Wayfinding and Community Gateways project and authorizing the City Manager to execute the Agreement] BOARD / COMMISSION RECOMMENDATION: !NIA ATTACHMENTS: 1. Explanation 2. Grant Agreement 3. Resolution Explanation The Downtown-Westside Wayfinding and Community Gateways project proposes the installation of new wayfinding/gateway signs throughout the Downtown and Westside Specific Plan Areas. The goal of the wayfinding signs is to direct area residents and visitors to popular destinations, schools, transit stations and parks. Sign system types will include gateway, orientation, decision point, banners, education/interpretive, historic, and arrival. This project will create a livelier, 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. On March 17, 2015, the City Council adopted Resolution 2015-26 where Council approved the following actions: 1) authorize the filing of an application for $825,000 in TransNet Smart Growth Incentive Grant Program (SGIP) funds for this project; 2) commit to a grant match of $200,000; and 3) accept the terms of the grant agreement. On July 24, 2015 the City received notification that the project was approved for full funding by the SANDAG Board of Directors. In order to begin work on the project and submit invoices for reimbursement of eligible expenses, staff requests the following City Council actions: 1) accept a SGIP grant award in the amount of $825,000 through SANDAG for the Downtown-Westside Wayfinding and Community Gateways project; 2) authorize the City Manager to execute the Grant Agreement; and 3) establish corresponding appropriations for the SGIP grant. TransNet SMART GROWTH INCENTIVE GRANT PROGRAM THIRD FUNDING CYCLE GRANT AGREEMENT NO. 5004743 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF NATIONAL CITY REGARDING DOWNTOWN WESTSIDE WAYFINDING AND COMMUNITY GATEWAYS THIS GRANT AGREEMENT NO. 5004743 (Agreement) is made this day of , 2015, by and between the San Diego Association of Governments, 401 B Street, Suite 800, San Diego, California 92101 (hereinafter referred to as "SANDAG"), and the City of National City, 1243 National City Boulevard, National City, California 91950 (hereinafter referred to as "Grantee"). SANDAG and Grantee also are hereinafter collectively referred to as "the Parties." This Agreement expires on RECITALS The following recitals are a substantive part of this Agreement: A. The SANDAG Board of Directors allocates funds under the TransNet local sales tax program to support local transportation -related infrastructure projects in the San Diego region through a competitive process. B. The TransNet Extension Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP), which funding began on April 1, 2008. The SGIP encompasses projects that better integrate transportation and land use and recognizes the comprehensive effort to integrate smart growth place making, access to transit, and environmental justice. C. In January 2010, the SANDAG Board of Directors approved Board Policy No. 035 — Competitive Grant Program Procedures (Board Policy No. 035), which is included as Attachment B. This Grant Award, Agreement and Grantee's performance thereunder are subject to Board Policy No. 035, which includes multiple "use it or lose it" provisions. D. On December 19, 2014, SANDAG issued a Cal! 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. E. On July 24, 2015, the SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds by Resolution Number 2016-02. F. Grantee successfully applied for TransNet SGIP funding for the Downtown Westside Wayfinding and Community Gateways (Project), as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. H. Although SANDAG wilt be providing financial assistance to Grantee to support the Project, SANDAG will not take an active role or retain substantial control of the Project. Therefore, this Agreement is characterized as a funding agreement rather than a cooperative agreement. I. Grantee understands that TransNet funds derive from retail transactions and use tax revenues which fluctuate. SANDAG funding commitment to SGIP Projects, including this Project, is subject to these fluctuations, which may impact funding availability for this Project. NOW, THEREFORE, it is agreed as follows: I. DEFINITIONS A. Application. The signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf of Grantee and accepted or approved by SANDAG. All of Grantee's application materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in typewritten hard copy or electronically) of a SANDAG official authorized to permit Grantee to take or omit an action required by this Agreement, which action may not be taken or omitted without such written permission. Except to the extent that SANDAG determines otherwise in writing, such approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which 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. D. SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP. E. Grantee. The local jurisdiction that is the recipient of SGIP funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to Grantee authorizing Grantee to proceed with all or a portion of the work described in the Scope of Work. Grantee shall not proceed with the work and shall not be eligible to receive payment for work performed prior to SANDAG issuance of a Notice to Proceed. G. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. I1. PROJECT IMPLEMENTATION A. General. Grantee agrees to carry out the Project as follows: 1. Project Description. Grantee agrees to perform the work as described in the Scope of Work included as Attachment A. 2. Effective Date. The effective date of this Agreement or any amendment hereto is the date on which this Agreement or an amendment is fully executed. Grantee agrees to undertake Project work promptly after receiving a Notice to Proceed from SANDAG. 3. Grantee's Capacity. Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project and 2 provide for the use of any Project property; (b) carry out the safety and security aspects of the Project; and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and Grantee, including but not limited to the TransNet Extension Ordinance and Board Policy No. 035. 4. Project Schedule. Grantee agrees to complete the Project according to the Project Schedule included in Attachment A and in compliance with Board Policy No. 035, as amended, and included as Attachment B. 5. Project Implementation and Oversight. Grantee agrees to comply with the Project Implementation and Oversight Reqvirements, included as Attachment C, and Board Policy 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 scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require re-evaluation or result in loss of funding. If Grantee knows, or should have known, that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the SGIP and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have SGIP 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. Grantee agrees notify SANDAG of any media and community outreach efforts, including presentations to community groups, other agencies, and elected officials. Grantee agrees to assist SANDAG with media or community events related to the Project, such as ground breaking and ribbon cutting. Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral, but may never be included in such documents without advance approval from SANDAG. As part of the quarterly reports submitted to SANDAG, Grantee agrees to provide Project milestone information to support media and communications efforts. SANDAG reserves the right to use the information provided by Grantee for any combination of the following, including but not limited to: social media posts, online photo albums, videos, press releases, PowerPoint presentations, web updates, newsletters, and testimonials. In submitting photos to SANDAG, Grantee agrees to release the rights of the photos to SANDAG for its use. 8. Project Signage and Designation of TransNet Funded Facilities. Each capital project in excess of $250,000 funded in whole or in part by revenues from the TransNet Extension Ordinance shall be clearly designated during its construction or implementation as being provided by revenues from the TransNet Extension Ordinance. 3 Grantee agrees to follow the Project Signage Specifications. SANDAG will provide sign specifications. Grantee agrees to follow sign specifications and submit proof files to SANDAG for approval before printing. 9. Baseline Data Collection. For capital projects, Grantee is required to coordinate with SANDAG staff on the development of a baseline data collection plan in accordance with the Project Implementation and Oversight Requirements. B. Application of Laws. Should a federal or state law pre-empt a local law, regulation, or the TransNet Extension Ordinance, Grantee must comply with the federal or state law and implementing regulations. No provision of this Agreement requires Grantee to observe or enforce compliance with any provision, perform any other act, or do any other task in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require Grantee to violate any law, Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions thereof expeditiously. C. Notice Regarding Prevailing Wages. SANDAG SGIP 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. D. Significant Participation by a Subgrantee. Although Grantee may delegate any or almost all Project responsibilities to one or more subgrantees, Grantee agrees that it, rather than any subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. E. Third Party Contracting. Grantee shall not award contracts over $3,000 on the basis of a noncompetitive procurement for work to be performed under this Agreement without the prior written approval of SANDAG. Contracts awarded by Grantee, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. 1. If Grantee hires a consultant to carry out professional services funded under this Agreement, Grantee shall: prepare an independent Cost Estimate (ICE) prior to soliciting proposals; publicly advertise for competing proposals for the work; use cost as an evaluation factor in selecting the consultant; document a Record of Negotiation (RON) establishing that the amount paid by Grantee for the consultant services is fair and reasonable; and pass through the relevant obligations in this Agreement to the consultant. 2. If Grantee hires a contractor to carry out construction services funded under this Agreement, Grantee shall: prepare an ICE (e.g., a construction cost estimate) prior to soliciting bids; publicly advertise for competing bids for the work; award the work to the lowest responsive and responsible bidder; document a RON establishing that the 4 amount paid by Grantee for the construction services is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor. F. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entities Affected. Grantee agrees to take appropriate measures necessary to ensure that all Project participants comply with all applicable federal laws, regulations, and policies affecting Project implementation. In addition, if an entity other than Grantee is expected to fulfill any responsibilities typically performed by Grantee, Grantee agrees to assure that the entity carries out 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 Grantee. Thus, Grantee agrees to use a written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Flowdown. Grantee agrees to include in each document (subagreement, lease, third - party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. No SANDAG Obligations to Third -Parties. In connection with the Project, Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee, third -party contractor, or other person or entity that is not a party to the Agreement for the Project, Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, or third -party contract at any tier, SANDAG has no obligations or liabilities to any entity other than Grantee, including any subgrantee, lessee, or third -party contractor at any tier. H. Changes in Project Performance. Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect Grantee's ability to perform the Project in accordance with the terms of the Agreement and as required by Board Policy No. 035. Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG interests in the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, Grantee agrees to send each notice to SANDAG required by this subsection to the SANDAG Office of General Counsel. Standard of Care. Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, its Executive Director, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Grantee or its subgrantees. 5 III. ETHICS A. Grantee Code of ConductlStandards of Conduct. Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagree- ments, leases, or third -party contracts supported with SGIP funding. 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. Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, 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. Grantee agrees that its code of conduct or standards of conduct shall prohibit 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 funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in a firm competing for award. 2. Organizational Conflicts of Interest. Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third -party contractor or subgrantee or impair its objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff members are specifically prohibited from participating in the selection process when those staff have a dose personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for any contract to be made by SANDAG if any individual Board member or staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG. SANDAG officers, employees, agents, and Board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff 6 or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission. Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its SGIP funding application for the Project. D. False or Fraudulent Statements or Claims. Grantee acknowledges and agrees that by executing the Agreement for the Project, 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, Grantee's grant application, progress reports and invoices. IV. AMOUNT OF FUNDING ASSISTANCE Grantee agrees that SANDAG will provide SGIP funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $825,000, or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is 80.49 percent. The responsibility of SANDAG 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. The TransNet MPO ID for the Project is NC25. V. MATCHING FUNDS Grantee has proposed to provide $200,000 which is 19.51 percent in matching funds from sources other than TransNet for the Project and therefore agrees as follows: A. Duty to Obtain Matching Funds. Grantee agrees to provide sufficient funds or approved in -kind resources, together with the SGIP funding awarded, that will assure payment of the actual cost of each Project activity covered by this Agreement. The amount of matching funds and percentage(s) of matching funds Grantee shall provide are set forth in the Approved Project Budget. Grantee agrees to complete all proceedings necessary to provide its share of the Project costs at or before the time the matching funds are needed for Project costs. B. Prompt Payment of Matching Funds. Grantee agrees to provide the proportionate amount of the matching funds promptly as it incurs Project costs or Project costs become due. Each of Grantee's invoices must include its pro-rata matching fund contribution as reflected in the Approved Project Budget, along with supporting, descriptive and/or explanatory documentation for the matching funds provided. C. Reduction of Matching Funds. Grantee agrees that no refund or reduction of the amount of matching funds may be made unless, at the same time, a reduction of the proportional amount of the SGIP funding provided is made to SANDAG in order to maintain the Maximum Percentage(s) of SANDAG Participation. 7 VI. APPROVED PROJECT BUDGET Except to the extent that SANDAG determines otherwise in writing, Grantee agrees as follows: Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project Budget." Grantee will incur obligations and make disbursements of Project funds only as authorized by the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement, unless the re -allocation of funds among budget items or fiscal years that will not increase the total amount of the SGIP 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. VII. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. 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 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 justified by the matching share previously provided, or 2. Take any action that would cause the proportion of SGIP funding made available to the Project at any time to exceed the percentage authorized by the Agreement for the Project. B. Payment by SANDAG. Upon receiving a request for payment and adequate supporting information, SANDAG will make payment, for eligible amounts to Grantee within 30 days if Grantee has complied with the requirements of the Agreement, including submission of a Quarterly Report which is included as Attachment D, has satisfied SANDAG that the SGIP funding requested is needed for Project purposes in that requisition period, and is making adequate progress toward Project completion consistent with Board Policy No. 035. After Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG may reimburse Grantee's apparent allowable costs incurred consistent with the Approved Project Budget. SANDAG shall retain 10 percent from the amounts invoiced until satisfactory completion of work. SANDAG shall promptly release retention amounts to Grantee following Grantee's satisfactory completion of work and receipt of Grantee's final invoice and all required documentation. C. Eligible Costs. Grantee agrees that Project costs eligible for SGIP funding must comply with the following requirements, unless SANDAG determines otherwise in writing. To be eligible for reimbursement, Project costs must be: 1. Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement. 2. Necessary in order to accomplish the Project. 8 3. Reasonable for the goods or services purchased. 4. Actual net costs to Grantee (Le., the price paid minus any refunds, rebates, or other items of value received by 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. 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 Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for TransNet Funding as part of the SGJP. 9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the following documentation as part of the grant application materials: (1) an indirect cost allocation audit approved by a qualified independent auditor, or (2) the applicant's proposed method for allocating indirect costs in accordance with the Office of Management and Budget guidelines. Indirect cost allocation plans must be reviewed and renewed annually. 10. Project generated revenue realized by Grantee shall be utilized in support of the Project. Project generated revenue and expenditures, if any, shall be reported at the end of the Agreement period. D. Excluded Costs 1. In determining the amount of SGIP funding SANDAG will provide for the Project, SANDAG will exclude: a. Any Project cost incurred by Grantee before either the date SANDAG issues a Notice to Proceed to Grantee or the Effective Date of the Agreement or any Amendment thereto; b. Any cost that is not included in the latest Approved Project Budget; c. Any cost for Project property or services received in connection with a subagreement, lease, third -party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG; and d. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies. 2. Certain costs at times associated with bicycle and pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists or pedestrians. These instances are listed below. 9 a. Curb and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are 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. 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. Grantee understands and agrees that payment to Grantee for any Project cost does not constitute the final decision of SANDAG about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by Grantee of the terms of the Agreement for the Project or Board Policy No. 035. Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that Grantee is not entitled to receive any portion of the SGIP funding requested or paid, SANDAG will notify Grantee in writing, stating its reasons. Grantee agrees that Project closeout will not alter Grantee's responsibility to return any funds due to SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; nor will Project closeout alter the right of SANDAG to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. Upon notification to Grantee that specific amounts are owed to SANDAG, whether for excess payments of SGIP funding, disallowed costs, or funds recovered from third parties or elsewhere, Grantee agrees to promptly remit to SANDAG the amounts owed, including applicable interest, penalties and administrative charges. VIII. ACCOUNTING RECORDS In compliance with applicable laws, regulations, and policies, Grantee agrees as follows: A. Project Accounts. Grantee agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. Grantee also agrees to maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. 10 B. Documentation of Project Costs and Program income. Except to the extent that SANDAG determines otherwise, in writing, Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by 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 Grantee has incurred underlying any payment in which SANDAL has agreed to participate in based upon a payable milestone. IX. REPORTING, RECORD RETENTION, AND ACCESS A. Types of Reports. 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. Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and/or typewritten hard copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and for three years thereafter from the date of transmission of the final expenditure report, Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project, as SANDAG may require. D. Access to Records of Grantees and Subgrantees. Grantee agrees to permit, and require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of Grantee and its subgrantees pertaining to the Project. E. Project Closeout. Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the progress of its work, expenditures incurred, and information regarding whether the Project is projected to be completed within the limits of the Approved Project Budget, Project Schedule, and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG. This includes progress and final reports, plans, specifications, estimates, and other evidence of attainment of the Agreement objectives, which are requested by SANDAG or ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including but not limited to ITOC, the Regional Planning Committee, the Transportation Committee, and the SANDAG Board of Directors, to report on its progress and respond to questions. G. Communities Served Data and Report. If requested, Grantee shalt provide SANDAG with data regarding how the Project's benefits and burdens were equitably distributed among socio and economic populations in the area affected by the Project, and associated smart growth data. 11 X. PROJECT COMPLETION, AUDIT, SETTLEMENT, AND CLOSEOUT A. Project Completion. Within 90 calendar days following Project completion or termination by SANDAG, Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to 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. B. Project Audit. For TransNet-funded projects: Grantee agrees to have financial and compliance audits performed as SANDAG may require consistent with the TransNet Extension Ordinance. Grantee agrees that Project closeout will not alter Grantee's audit responsibilities. Audit costs are allowable Project costs. C. Performance Audit. Grantee agrees to cooperate with SANDAG or ITOC with regard to any performance audit that is performed on the Project pursuant to the TransNet Ordinance. D. Project Closeout. Project closeout occurs when SANDAG notifies Grantee that SANDAL has closed the Project and, if applicable, either forwards the final SGIP funding payment and/or acknowledges that Grantee has remitted the proper refund. Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. E. Project Use. Grantee was awarded this Agreement based on representations in its grant application regarding the Project's intended use. If the Project is a capital project, Grantee hereby commits to continued use of the Project for the purposes stated in its application for a period of at least five years after completion of construction. SANDAG may require Grantee to refund SGIP funding provided for the Project in the event Grantee fails to utilize the Project for its intended purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PROGRESS 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. B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, 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 shalt 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. 12 C. Upon written notice, Grantee agrees that SANDAG may suspend or terminate all or any part of the SGIP funding to be provided for the Project if Grantee has violated the terms of the Agreement, or Board Policy No. 035, or if SANDAG determines that the purpose of the laws or policies authorizing the Project would not be adequately served by the continuation of SGIP funding for the Project. D. In general, termination of SGIP funding for the Project will not invalidate obligations properly incurred by Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that Grantee has willfully misused SGIP funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require Grantee to refund to SANDAG the entire amount of SGIP funding provided for the Project or any lesser amount as SANDAG may determine. E. Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project; however, Grantee must request and SANDAG may agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at the discretion of SANDAG if Grantee's request is consistent with the provisions of Board Policy No. 035. XII. CIVIL RIGHTS Grantee agrees to comply with all applicable Civil Rights laws, regulations and policies and shall include the provisions of this Section XII in each subagreement, lease, third party contract or other legally binding document to perform work funded by this Agreement. Applicable Civil Rights laws, regulations and policies include, but are not limited to, the following: A. Nondiscrimination. SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilities Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the public of their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. Grantee must notify SANDAG immediately if a complaint is lodged that 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, 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, etseq.) 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 Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by this reference 13 and are made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. XIII. OWNERSHIP OF WORK PRODUCT SANDAG shall own any deliverables created in whole or in part for the benefit of SANDAG pursuant to the Scope of Work for the Project. The term "deliverables" includes, but is not limited to, all original drawings, reports, photos, and other documents, including detailed calculations and other work product developed for the Project or services performed on the Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1. Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to the SANDAG Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within 20 calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to the SANDAG Executive Director. The request for reconsideration must be received within ten calendar days from the postmark date of the SANDAG reply. The Executive Director will respond to the request for reconsideration within ten 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. SANDAG shall respond to a request for mediation within 30 calendar days. The decision of the Regional Planning Committee shall be final. C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all 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 novation) this Agreement or any rights under or interest in this Agreement. 14 XVI. INSURANCE Grantee shall procure and maintain during the period of performance of this Agreement, and for 12 months following completion, policies of insurance from insurance 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 $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others Endorsement." The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as an additional insured. D. Other Requirements, Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to $24 million (Class 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 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 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, asserted or established liability for damages or injuries to any person or property, including injury to Grantee's or its subgrantees' employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of Grantee and its subgrantees and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees 15 and costs; provided, however, that Grantee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its Board of Directors, agents, officers, or employees. B. Intellectual Property. Upon request by SANDAG, Grantee agrees to indemnify, save, and hold harmless SANDAG and its Board of Directors, officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. XViII. INDEPENDENT CONTRACTOR A. Status of Grantee. Grantee shall perform the services provided for within this Agreement as an independent contractor, and not as an employee of SANDAG. Grantee shall be under the control of SANDAG as to the result to be accomplished and not the means, and shall consult with SANDAG as provided for in the Scope of Work. The payments made to Grantee pursuant to this Agreement shall be the full and complete compensation to which Grantee is entitled. SANDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shall not be required to pay any workers' compensation insurance on behalf of Grantee. Grantee agrees to indemnify SANDAG for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which SANDAG may be required to make on behalf of Grantee or any employee of Grantee for work done under this Agreement. 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. 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 Grantee. XX. PROJECT MANAGER Grantee has assigned Kuna Muthusamy as the Project Manager for the Project. Project Manager continuity and experience is deemed essential in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the Project Manager without first providing written notice to SANDAG. 16 XXI. NOTICE Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: SANDAG: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Susan Baldwin/Tracy Wills Grantee: City of National City 1243 National City Boulevard National City, CA 91950 Attn: Kuna Muthusamy Notice shall be effective upon receipt thereof. 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 CITY OF NATIONAL CITY GARY L. GALLEGOS Executive Director LESLIE DEESE City Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Office of General Counsel CLAUDIA G. SILVA City Attorney Attachments: ® Scope of Work, Project Schedule, and Approved Project Budget (Attachment A) ® Board Policy No. 035 (Attachment B) Project Implementation and Oversight Requirements (Attachment C) ® Quarterly Report and Invoice Forms (Attachment D) Recipient Resolution (Attachment E) 17 ATTACHMENT A SCOPE OF WORK, PROJECT SCHEDULE, AND APPROVED PROJECT BUDGET CAPITAL PROTECTS' SCOPE OF WORK, StaEDULE, AND BUDGET PROGRAM. SMART IROWTHINCENTIVE PROGRAM PART I: PROJECT OVERVW PROJECT -ME. !Downtown - Westsde. Wayflnding and Community Sateways PROJECT LIMITS! Various Ioca9ons In the Downtown end'Nestnde Comm armies; generall/ south of Rot Street east of TNNandsswente north of 24th street end west of Highland Avenue. Err=passed within Sloan Broth Areas NC-:t, NC-2, and N'-3. PROJECT SLJNIMARY. The project. Includes the Installation of na•+twayflndng/gateway signs thmughotb the Downtown and Westslde Communities The goal of the primarly pedestriarrorlented sign. Is to dust area mP.sieents. vlsttnrs. and workers to popular destinations schools transit stations, and parks lagn system types include gateway. oderdatron. decision point, banners. edicetlon/hnerprewe, historic and arrival This project wIS create a more lively pedestrian -friendly erwlmrvnen1, encouraging mmmuntty members to travel via foot or bicycle, reducing greenhouse gas emission.. The visnaNy •.eLtd street spare aril attreci and support future development and xwr as a model example for smart growth in the region PART II. SCOPE Of WORK, SCHEDULE, AND BUDGET hrolwse tasks- dellve,ables. a dnneframe, and • budgtt for mplemen Ing.he project The prnl?ctednedide must he based on 'Monti. ;ions Notice r:. Proceed" r appal project are aho required to include 55,000 for baseline blade and pedestrian da.e collection. • Also Identr TASE; NU.' an seasonal constraints trot • ore i ASK ULSCHIPTIO'•J EPAMPI.17AS16.O ANGE/PEMOVE IS NECESSARY PRIOP'TOAPPUCATIDN summit], the o era5 .m • or ••- • taws DLL' VLHA PITS: E to o- _ n or De mm •ietea SIAHI DATE'. • a •ecmc Dare. COMPLETION DAIL: UURATION: e 101 AL I'HUJLCT C06TS: 1 Collet. Baseline Data (REOUIREDj Barellna Data Collection Plan; oilcsiPed Data Notice to Proceed INTPI 3 3 $ S,OOt.LG 7 Areal Leslo - Sen 210W, - • 1.1 Prater]. Management Statrt.Reports 3 9 6 5 35.000.60 Crnt»ctDrsigner ., h)esliF'•OgVaet;100,• Spedhtcdtrons , c . S • us COO J0 3 Complete Project Construction Sea below 31 Award:anstaucaon Contra.".: Bfd Dommestn Cotitrae L2 I $ 35,9O0.0L 32 CswtrucuonManagement StatusRepoiis 12 21 S $ 74,000..00 3 _. ProJec. rgt:t.uc1lbn Notice of.Corhpletion - 12 21 :3- a 76;,,3OG.sx TOTAL 21 5 1,025,0E0.00 SEASONAL CONSTRAINTS. IF ANY. PART III: FUNDING SOURCES TOTA. PROJECT COST TOTAL GRAM AMOUNT REQUESTED FROM SANDAGI TOTAL MATCH AMOUNTTHAT WILL BE CONTRIBUTED. SANDAL %CONTRIBUTION: MATCH % COMNBIJTt ON: PART IV;PHASING MOT REOUIREDt TransNet MPO ID NO.NC25 N/A 5 1,925,000.00 5 325.I C Cr! 200,000 CO as0487804d 0.1951219SL 18 ATTACHMENT B BOARD POLIiCY NO. 035 SAN COMPETITIVE GRANT PROGRAM PROCEDURES BOARD POLICY NO. 0 3 5 Applicability and Purpose of Policy This Policy applies to all grant programs administered through SANDAG, whether from TransNet or another source, including but not limited to the Smart Growth Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Federal Transit Administration grant programs, and Active Transportation Grant Program. Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requirements in this Policy. There are never enough government grant funds to pay for all of the projects worthy of funding in the San Diego region. For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees accountable to the project schedules they have proposed in order to ensure fairness in the competitive process and encourage grantees to get their projects implemented quickly so that the public can benefit from the project deliverables as soon as possible. Procedures 1. Project Milestone and Completion Deadlines 1.1. When signing a grant agreement for a competitive program funded and/or administered by SANDAG, grant recipients must agree to the project delivery objectives and schedules in the agreement. In addition, a grantee's proposal must contain a schedule that falls within the following deadlines. Failure to meet the deadlines below may result in revocation of all grant funds not already expended. The final invoice for capital, planning, or operations grants must be submitted prior to the applicable deadline. 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary construction contract must be awarded within two years following execution of the grant agreement, and construction must be 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 19 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 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 agreement, and the operations must commence within six months following award of the operations contract. If no services contract for operations is necessary, the operations project must commence within one year of execution of the grant agreement. 1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment or vehicles, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award of the purchase contract. 2. Project Milestone and Completion Deadline Extensions 2.1. Schedules within grant agreements may include project scopes and schedules that will identify interim milestones in addition to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAG Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a completion deadline in Section 1 must be approved by the Policy Advisory Committee that has been delegated the necessary authority by the Board. For an extension to be granted under this Section 2, the following conditions must be met: 2.1.1. For extension requests of up to six months, the grantee must request the extension in writing to the SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension should be granted. The Executive Director's action will be reported out to the Board in following month's report of delegated actions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive 20 Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. 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 that were already granted extensions by the Executive Director and are again falling 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 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. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If sufficient time is available, and the grant utilized TransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representative available at the meeting to present the information to, and/or answer questions from, the ITOC and Policy Advisory Committee. 3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuating circumstances that the grantee could not have reasonably foreseen. 4. Resolution and Execution of the Grant Agreement 4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed grants, prospective grantees must submit a resolution from their authorized governing body that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets the requirements in this Subsection 4.1 will result in rejection of the application and the application will be dropped from consideration with funding going to the next project as scored by the evaluation committee. In order to assist grantees in meeting this resolution deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant application submission. 4.1.1 Grantee governing body commits to providing the amount of matching funds set forth in the grant application. 4.1.2 Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for 21 execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 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 22 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capitai 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 grant -funded improvements, the Grantee is responsible for developing a baseline data collection plan with SANDAG to gather information on pedestrian and bicyclist activity. At a minimum, data should be collected for observed bicycle and pedestrian volumes, behavior, and attitudes in the project area. Once the data collection plan is approved by SANDAG staff, the Grantee is responsible for carrying out the plan and returning collected data to SANDAG as a deliverable. Standardized forms required for data collection will be provided by SANDAG. Grantees are encouraged to use the National Bicycle and Pedestrian Documentation Project methodology and plan for the following: • Conduct counts prior to project construction, during National Documentation Days in the second week of September. Supplementary counts and surveys can be conducted during January, May, and July to provide seasonal data, if desired. • Conduct counts for two hours, at peak times relative to the facility. For example, facilities attracting utilitarian trips should be counted on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., whereas facilities attracting recreational trips should be counted on a Saturday, from 9 to 11 a.m. In the case that the above timeframes are deemed infeasible due to the project schedule, the Grantee and SANDAG will collaborate on an alternative data collection methodology and procedure. A subset of Grantees may be selected for in-depth evaluation by SANDAG, in which case, SANDAG will conduct the data collection effort with required participation from Grantee staff. Such in-depth evaluation conducted by SANDAG will take place solely for the purpose of SANDAG Active Transportation data collection and monitoring efforts, and will not impact Grantees' budgets. Grantees should plan to budget $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. 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 23 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 progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. Furthermore, the Grantee agrees to provide project milestone information (such as presentations to community groups, other agencies, and elected officials, ground-breakings, and ribbon -cuttings) to support media and communications efforts. 6. Media and Community Outreach Coordination: Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral. Furthermore, the grantee agrees to provide project milestone information to support media and communications efforts. 7. Photo Documentation: Grantees are responsible for the following photo documentation: • Before and after photos, which should be taken from similar angles to showcase how a particular area has been transformed over time. • Project milestone photos (such as ground-breakings and ribbon -cuttings). • Photos taken throughout construction phases and throughout the length of the project. Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captions with project descriptions, dates, locations, and the names of those featured, if appropriate. S. Project Signage: Each project or program in excess of $250,000 funded in whole or in part by revenues from the TransNet Extension Ordinance shall be clearly designated during its construction or implementation as being provided by such revenues. SANDAG will provide sign specifications. Grantee agrees to follow sign specifications and submit proof files to SANDAG for approval before printing. 9. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvements against stated project objectives, and evaluate the overall grant program. Grantee is expected to meet with SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as 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. 24 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 (Attachment A). 3. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 4. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all stakeholder and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate_ 5. Media and Community Outreach Coordination. Press materials shall be provided to SANDAG staff before they are distributed. SANDAG logo(s) should be included in press materials and other project collateral. Furthermore, the Grantee agrees to provide project milestone information to support media and communications efforts. 6. Photo Documentation. Grantees are responsible for the following photo documentation: • Existing conditions photos, which should illustrate the current conditions of the project site and demonstrate the need for improved facilities 4 Project milestone photos (such as workshops, presentations to community groups, other agencies, and elected officials) Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captions with project descriptions, dates, locations, and the names of those featured, if appropriate. 25 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 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 Request for Proposal and convened a selection panel of five members from the City, Metropolitan Transit System, North County Transit District, and SANDAG to shortlist three of nine firms. The panel interviewed the three firms and selected XYZ Group for this project. The City Council approved the consultant contract with XYZ Group on January 1, 2014. City staff held a kick-off meeting on January 10, 2014. • Task 2 - Public Outreach: City staff and XYZ Group began organizing the first workshop for this project. The anticipated date of the first workshop will be in the February/March 2014 timeframe. • Task 3 - 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. 26 3. Is there an accompanying invoice for this period? [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 Date Task 1 [mm/dd/yy] [mmldd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dd/yy] [mm/dd/yy] Task 2: Policy No. 035 Milestone [mm/ddlyy] [mmldd/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/yy] 27 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 Procedures and grant agreement terms and conditions. • • PART 4: PROJECT STATUS REPORT SIGNATURE Prepared by Date: Project Manager • • 28 INVOICEJNSTRUCTIQNS Step 1: Complete the Quarterly Progress Report 'Reimbursements cannot be made without a completed Quarterly Progress Report. Step ?: 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 oroject'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 payment. The proof of payment can be either a copy of the check provided to the vendor or a printout from the projects financial accounting system showing that funds were disbursed. Clearly identify (i.e., highlight or circle} all grant -related expenses on documents that include non -related costs. _ Step3: Complete the Expense Summary. Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incuned during the reporting period. Confine that: you have the adequate documentation. Break down each cost by task. This will help with the next step to complete the invoice statement. . Double check and make sure all 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: sg atg ra nts CcD_s a n d a g .o ro 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 workbook. Files in excess of 6MB should be submitted via: httos://sandaumetransfer.com 29 :PART 1 STAFF COSTS Personnel Time Period Hours 'Hourly Rate Amount,Documentation Attached? .Staff PersonA mmldd/yytomm/ddiyv 10 $ 100.00 $, 1,000.00;YES/NO 'Staff Person B mm/dd/yy to mm/ddiyy . 10 $ 100.00 $ 1_000.00 'YES/NO 'Staff Person C mm/dd/yy to mm/dd/yy r 10 $ 100.00 • $ 1,000.00 'YES/MO [INSERTADDITONAL LINES AS NEEDED] (PARTS: CONSULTANT/CONTRACTORCOSTS Consultant/Contractor. Invoice No. Invoice Date iDescription of Costs Amount DocumentationAttache d? Consultant XYZ 1 1/1/2014' Professional services for the $ 10,000.00 .YES/NO month of January 2014 Consultant XY7 2' 2/112014±Professional services for the , $ 10,000.00 YES/NO month of February 2014 Consultant XYZ 3 3(1/2014; Professional services 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 [INSERTADDITONAL LINES AS NEEDED] PART3 OTHERCOSIIS • Vendor VendorA Vendor 8 'VendorC [INSERT ADDITONAL 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 $ 100.06 YES/NO February 2014 Workshop. 1 2/28/2614 Snacks for February 2014 $ 100.00 • YES/NO Workshop 30 lo: TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE SUCH MUKHERJEE SANDAG 401 B Street, Sulte B00 San Diego, CA92101-4231 From: .Name 'Address Project Name: ';[PROJECTNANE] Contract Number: 600XXX Grant invoice Number: # Billing Period: FROM Inwice Dater DATE Grant Award: r $0.00 Balance Remaining $0.00 TO TASK Pre.iou; Balance Cull ant MMIDDfYYYYto MMiDD.'YYYY Total tarpensee SANDAG Total MatchSpe,M Permbr.e6dto Date Metehlo Date Total to Date Staff Cott, Consultant or Contractor Co,ta OtherLoats This Memo* This invoice This Invoice 1 RFP $0.00 $0.00 50 nu $0.00 $0.00 $0.00 $0 04, $0 00 $0 00 2 Existing Conditions Report $0.00 $0.00 $0 00 $0.00 $0,00 $0.00 $0 00 Sri 00 a0 n) 3 Public Outreach $0.00 $0.00 $0 00 $0.00 $0,00 $0.00 4,0 0U $3 00 50 00 4 Draft Plan $0.00 $0.00 $0 UJ $0.00 $0.00 $0.00 $0 00 $0 00 $0 3C 5 Final Plan $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 SU 00 $0 03 $0 00 Total $n 00 $0 00 $0 00 $0 03 10 00 =0 00 $0 00 $0 00 ; 0 00 Total Current Expenditures- $0.00 Total Amount Due this Invoice: $0.00 Less 1 0% Retention:' $0.00 Match %Met to Date:' #DN/0! Total Pi offer 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 % #DN/0! Required Match % ' #DWV/01 31 CERTIFICATION OF GRANTEE I hereby certifythat 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 cxpenditures. Signature Printed Name and Title Date _. 32 ATTACHEMENT E RECIPIENT RESOLUTION 'R [UT'1 415 RESOLUTION OF THE CITY fi+ MIL OP THE 011 Y. OP NATIONAL CITY AUTHORIZING i THE FLINN Or AN APPLICATION FOR ,SVIAIIT GrioWiN 31ENT1 PROGRAM PLINOS THROUtiki THE Stik,!DiriN41. A8 TION O1= > =1k1I S polk TI E DOWNTOWN— WESTS1 O . WAYPINVING M1D commuNi" ivatweera PROJECT, ACCEPTiNG Thin TERMS OP 7 E, eaANr .i REE!NT riM , iiE MINor ($12.DQO C-3U) "TranaNiisfk;dirisilOr stow cErri oienryrrp Onwith InetAL Per-,i 1944* IIIMML49 AO I jUritdaans andfly: minty c an Nap from kiscsl aft' 4144111 E: and WHEREAS, CIiy * National City *Om to rer 2$,000 Ir S w1 Gmfdth Jr0altiff Fier ids for DowctIIovi — %maid& WhAndIrg COmfiltiolfty Oat Pitied fib' Jt eft WHERMS, the City of it t'i ' City iundetaardz that Itia Smail. &with Inoarclive: Pr rem forte Es tsede r lartiaturnmed amount. aid fritrakra Rrq wet it rAl mood' dia grantworded tiii be Qv Bala ruspossibir4 of the Clror� eh i r`r RrAt # o Nfilleriol City goTOEa te COI .p40 the pm:Iowa Pik within aEa E'mmy rhatier and to soretoltooeSANKIAG Board Pote4 No, 035, NON. I" 1 FE, B 1'.`' RESOiMED the It a cir Council of NI co e Name' CaYivitiati autheftriei titer Ire, mind se application to SANEDAG ror to Tmot l ,Smirt Gro lh lava Pitrant toTOrni ni tt anima Cif 811125,0N for the Ottairitcfam `iWa ihst Weyi`tndlt q and com mri t v Eater y BE IT FLIRTSER rtrawiED t1ka1, if aar rani tivatml is mole by SWAG to told tcoluntown —WashiU Wayfindinat and Oorninunle etaifrimayp PrOnt lhen Um City of Naomi City =mite EDpi ry voNivo. whores staff to molet grant irri , atoftrizasl Mayo to execute 1116 grant saner rtI bra eibtIh rhelly sintitto,t as method, 414 porqpiote Alm' PrdiOct 3E IT n IER RE$MVED that ray Of IkAlborfal City Naomi tie'ntastarti ,. h=r" r ini-s and defer l 5 NDAG, iho San O County fiagisnal Tralsportaticri COnimbs i► 1. end e!I nlfkters and fer4 Oared volt* t. ail vauses of ii of clams rals00i My te CitYa TrmsWat funded projects. PASSED ale ADOPTED this 1 Ur Niartit ATTEST; aon, Maw AS . ■ PORI* lima Attabs;C CC/CDC-HA Agenda 11/17/2015 — Page 192 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - "Christmas with Kids" hosted by Christmas with Kids at 223 E. 3rd Street on December 25, 2015 from 6 a.m. to 10:30 a.m. The applicant requested a waiver of fees. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2015 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — "Christmas with Kids" hosted by Christmas with Kids at 223 E. 3rd Street on December 25, 2015 from 6 a.m. to 10:30 a.m. The applicant has requested a waiver of fees. PREPARED BY: Dionisia Trejo PHONE: (619) 336-4255 EXPLANATION: DEPARTMENT: Neighb APPROVED BY: ices Department This is a request from the Christmas with Kids organization to conduct the "Christmas with Kids" event at 223 E. 3rd Street on December 25, 2015 from 6 a.m. to 10:30 a.m. This event has been taking place at the King's Residence for 41 years here in National City. Since the passing of Mr. King, other community groups have taken up this charity that provides bicycles to underprivileged children. This event starts early Christmas morning and television networks will be there broadcasting throughout the morning for this event. Street closures are being requested on E 3rd Street between `B' Avenue and `D' Avenue starting at 6 a.m. to 10:30 a.m. Note: In 2013 and 2014, City Council did approve the waiver of fees associated with this T.U.P event. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237,00 for processing the TUP through various City departments, plus $337.70 for Public Works. Total fees are $574.70 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: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. T of tit Public Concert per Festive! Parade E'remo ion 0 Motion Picture D Grand wing Lifter Oct° tin 5'7r fl Community eves Mack P& y Event Title: C grim im s Event Lawton: ; 3 Event Date(e): From to II Actual Event Hours toa fZr...A to / j `.1C PM Total Anticipated Attendance: ( Perticipants Spectators) Setup/assembly/construction Date: :4. ✓ ;art time: PM I describe the scope of your seta fassemb y work speclflc details): itelcce_ Dismantle Date: t ''-j- Complettan Time: /' SO AM List any street(s) requiring closure as a reeuit of this event. Include street neme(s), day and time of closing and day and lime of reopening. e qua 7-4b // 4111. 'ARP L.-1 (M**! 71- .4Pra, Sponsoring Organization: C hetopity< WI?. tf,h Chief Officer of Organization (lame) iRm) urn e Applicant (Name): ge.f '1 " Address: Sekdk to G Fs Daytirne ones vening Phone: Far f E-Mall: i fte1/43 f 9 e eaPrrt COntsot Peon Fort site day of the event Ceiluiar. — — sf NOTE: THIS PERSON MUST BE BPb ATTENDANCE FOR THE DURAT'FOP4 OF THE EVENT AND irgUEOtATELY AVAILAALE TO CrTY OFFE 1 is your organization a "Tax Exempt, nonprofit. organization? j �' ]YES O Are admission, entry, vendor or participant fees required? E YES ,, i� if YES, please expiain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ IS- Estimated Expenses for this event. $ t What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? +C t1'` F'APf T pt.A !SANl14.T-1ON 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. EIYES 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: EYES NO Does the event involve the sale or use of alcoholic beverages? 1:3YESr-7,-- YESLINO Will items or services be sold at the event'? If yes, please describe: 2 NO Does the event involve a moving route of any kind along streets, sidewalks it highways? t YES, attach a dets[led map of your peeposed die indicate the direction of tevrel, and provide a written narret1ve to explain your route. Dc'ES IR O Does the event Involve a feted venue site? If YES, arch a detailed site map showing ail streets impacted by the event. OYES 1 l3k Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NN TE: A separate Fire Department permit is required for tents or canopies. fJ YENO Will the event involve the use of the 212i 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): Portable and/or Permanent Toilet Facilities Number of portable toilets: (t 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 �iGenerator locations end/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 e 1i gi;2:'Fs andiQr r viers r 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 the event the area must be retuned a clan condrtion.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and renrosfai ofwaste and gsrbege during and after the event: 3 TY*CCESSISILITY Please describe your procedures for both Crowd Control and internal Security: DYES 0 Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Securi rector (Name): Phone: DES 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 Aldtaffingend Equipment. 64,4- Zive e F- sue'- i ce Please describe�r� ibil' Plan for access at your event by individuals with disabilities: 4KvIN LAR ?MIT:MP:110W P,I? Please provide a detailed description of your PARKING plan: 9 Please describe your plan for £ BLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the event: P /� tf,x0. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 4 City of National City PUBLIC PR.OPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons rues.:.ng use of City property, facilities or personnel are requis3 to provide a minimum of $i,000,000 combined c ngie iimit insurance for ^odiiy 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 e‘fri iAt tefe Person in Charge of Activity g,�er,�u '7"Attiel Address 4't op_ Soehrr fF Telephonejn/ - 3 -99 $ j Date(s) of Use - 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, Tosses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attomey 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 4r- to-- ?-?- Fot" Usei Certificate of Insurance Approved Date 5 Atka'. -:ENTE T/..1. .tv , NTIt&TTA TJO N - RELAT - f" F V (ACT VIES DEiO Are there any musical entertainment features related to your event? If YES, ;Tease state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: DYES %I O Will sound amplification be used? If YES, please indicate: Start time AM Finish Time PM QYESO Will sound checks be conducted prior to the event? if YES, please indicate: Start time: PM Finish Time PM Please describe the sound equipment that will be used for your event: ❑YES NO Fireworks, rockets, or other pyrotechnics? if YES, please describe: DYES,Fibi0 Any signs, banners, decorations, special lighting? If YES, please describe: 6 "433Br'' 6 Pm+, tow Welters A, EtuftEalSc Sex, iStireet-e s T1 Nortiture Center ' LEvItmoreii oo Toys/Bicycles given away here. BroL—LT• BulAkr 0- 4 f Baracad es Ititloottel City Body -ea .g. I Li PAW of City :., a- It." CooSid Smartt en llo.rret IA. V 110/0w/S Minion 4 19 !Woo MN lAktiormi, . 13 Cimino teetional City • ‘, VP St 7 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Christmas with Kids EVENT: Christmas with Kids DATE OF EVENT: December 25, 2015 TIME OF EVENT: 6 A.M. TO 10:30 A.M. APPROVALS: DEVELOPMENT SERVICES COMMUNITY SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Engineering: Access to residents shall be provided at all times. Emergency access shall be provided at all times. RISK MANAGER (619) 336-4370 Besides the required insurance certificate and endorsement, all looks ok. PUBLIC WORKS (619) 336-4580 Streets Division 1. Staff will close 3rd Street between and remove barricades when the event is over. 2. Staff will post no parking signs along affected streets before the event. 3. The cost to provide Street personal support for the event is estimated to be. Signs Barricades Equipment Labor OT Labor 20 X $0.45 = $ 9.00 8 X $0.35 = $ 2.80 4X$16.34=$65.36 2 X $32.57 = $ 65.14 4 X $48.85 = $195.40 $337.70 8 FINANCE Christmas with Kids has a business license. POLICE Traditionally this event is well attended. Since both sides of the streets will be closed, there should not be any traffic issues. In the past, the organizers have asked us to help with the arrival of "Santa" before the distribution of these bikes. Time/calls permitting, we'll try to get our beat officer to stop by and accommodate them for a short period of time. In addition, we'll provide some extra patrol for the event. 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. 9 CC/CDC-HA Agenda 11/17/2015 — Page 203 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit for alcohol sales at Chipotle Restaurant located at 404 Mile of Cars Way. (Applicant: Chipotle Mexican Grill, Inc.) (Case File 2015-18 CUP) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 17, 2015 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for alcohol sales at Chipotle Restaurant located at 404 Mile of Cars Way (Applicant: Chipotle Mexican Grill, Inc.) (Case File 2015-18 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Planning. PHONE: 336-4313 APPROVED B EXPLANATION: Chipotle Mexican Grill, Inc. has applied for a Conditional Use Permit (CUP) to eler as an accessory use to the existing restaurant. The restaurant has been in operation si e—Sceptember of this year. Alcohol sales hours would be from 10 a.m. to 11 p.m. daily. A Type 41 (On -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). A patio dining area is located in front of the restaurant, but is not part of the proposal. Planning Commission conducted a public hearing on November 2, 2015. Commissioners asked questions regarding ABC regulations, sales hours, Police Department comments, and alcohol outlet concentration. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail' FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores, Garcia, Yamane ATTACHMENTS: 1. Location Map 2. Planning Commission Staff Report 3. Resolution No. 2015-22 4. Reduced Plans 404 MILE OF CARS WAY - fhlpotte - 2015-1S CUP .Crir+ MO Ind ParCri WVap ti!'rvi ce ►' '41.7ru R tar€firirrn jri +e i# r L lnth i LSO feet II tor 614XLinlearMil MINIM na Sub; hewed for A fete f od% ar raMia fete earigrr. 3 ;x0201s Title: �.�.I t/, ��r CALIFORNIA -* NATIONAL, CITY INOORpoRATED CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 5 November 2, 2015 CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT CHIPOTLE RESTAURANT LOCATED AT 404 MILE OF CARS WAY. Case File No.: 2015-18 CUP Property Location: Southport Business Center Assessor's Parcel No.: 562-340-15 Staff report by: Martin Reeder, AICP — Principal Planner Applicant: Chipotle Mexican Grill, Inc. Property owner: H G Fenton Zoning designation: Major Mixed -Use Corridor (MXC-2) Project size: 3.12 acres Adjacent land use/zoning: North: County Operations Offices/ITT Tech across Mile of Cars Way / MCR-2 (Multi -Use Commercial -Residential) East: Office Use / MXC-2 South: Southport Business Center / MXC-2 and IL (Light Industrial) West: Denny's across Southport Way / MXC-2 Environmental review: Not a project per CEQA Staff Recommendation: Approve BACKGROUND Chipotle Mexican Grill, Inc. has applied for a Conditional Use Permit (CUP) to sell beer as an accessory use to the existing restaurant. The restaurant has been in operation since September of this year. Alcohol sales hours would be from 10 a.m. to 11 p.m. daily. A Type 41 (On -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Project Location The 3.12-acre project site is developed with four separate buildings comprising 34,019 square feet of leasable space. There are 140 parking spaces located on the lot. The property is part of the Southport Business Center located south of Mile of Cars Way and west of Hoover Avenue, and is within the MXC-2 (Major Mixed -Use Corridor) zone. Other tenants include offices, restaurants, and a coffee shop. The building in which the subject suite is located is 5,722 square feet in size. The suite itself is 2,493 square feet and located in the center of the building. A 230 square -foot patio is located in front of the restaurant, but is not part of the proposal. Proposed Use The applicant is proposing to sell beer inside the restaurant only (not on the patio). Alcohol will be sold at the point of sale. Only beer is proposed to be sold at this location. Beer would be served in 12 oz. bottles with the cap removed (condition of approval). The operating hours of Chipotle are 10 a.m. to 11 p.m. daily, which would also be the proposed alcohol sales hours. No live entertainment is proposed. Analysis Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUP's include expanded notification, a community meeting, and distance requirements. Mailing — All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. In this case, 232 people were notified of the public hearing, as well as for the community meeting. Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Wednesday, July 8, 2015 at 5:30 pm at the subject restaurant. The meeting advertisement is attached. According to the applicant, no-one appeared for the community meeting. It should be noted that all properties within 660 feet of the property are commercial in nature. Distance Requirements — Chapter 18.030.050 (D) requires a 660-foot distance from sensitive uses such as schools. However, restaurants with greater than 30% of their area devoted to seating (as applies in this case) are exempt from these distance requirements. There are no schools within 660 ft.; the nearest school is Kimball Elementary School, which is located over 1,500 feet away. Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required findings: 1. 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. The use is allowable within the Major Mixed -Use Corridor zone pursuant to a Conditional Use Permit, and the proposed alcohol sales meet the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. Alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone. No Specific Plans exist in this location. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. No expansion of the building is proposed. The proposal involves an existing commercial space, which was already analyzed for traffic impacts when it was constructed. In addition, because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected. Access to and from the site is provided by Mile of Cars Way, an arterial street operating at a Level of Service (LOS) of B. The current ADT capacity of Mile of Cars Way is 40,000 with a current ADT of 17,000; therefore, it is not expected that alcohol sales would result in an increase in ADT such that the LOS would be affected. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed use would be accessory to the existing restaurant use, which is located in an existing commercial area. The addition of alcohol sales is not expected to increase the demand for parking on the property. 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. The proposed use will be compatible with other nearby businesses that also sell alcohol as an accessory use. In addition, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act. The project is not considered a project under CEQA (California Environmental Quality Act), as no development is proposed. In addition, the proposed use is identical to other commercial uses in the area, which are permitted by right in the mixed -use zones. Given that there is no calculable increase in traffic and no other impacts are anticipated staff is of the opinion that the project would not result in any physical changes to the environment. There is an additional finding which must be made for alcohol sales CUP applications. The finding is that the proposed use is deemed essential and desirable to the public convenience and necessity. In this case the alcohol sales will contribute to the continued viability of a restaurant, an established and allowed use in the Major Mixed -Use District Zone. There are also three findings for denial based on the amount of existing on -sale outlets, as discussed in the "Alcohol Sales Concentration/Location" section below. Department and Agency Comments Alcohol Sales Concentration/Location — Per ABC, there are currently nine on -sale permits issued in the subject census tract (219). These permits are: Name Address License Type* Club 13 640 Civic Center Dr. 40 Stoney's Bar & Grill 108 W. 25th St. 47 The Waterfront Grill 3201 Marina Way 47 Buster's Beach House 740 Bay Marina Dr. 47 Goody's Sushi & Grill 2424 Hoover Ave. 41 Clarion (Hotel) 700 National City Blvd. 47 Eagles Aerie 2712 1131 Roosevelt Ave. 51 Papa Gallo Cafe 1930 Cleveland Ave. 41 Aunt Emma's Pancakes 214 National City Blvd. 41 * Type 40 — On -Sale Beer Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 - On -Sale General for Bona Fide Public Eating Place Type 51 - Club Of the nine licenses, seven are restaurants, one a bar, and one a private license (Eagles Aerie 2712). The subject use is consistent with other on -sale businesses, all of which are consistent with the MXC-2 zone. Census tract 219 includes the area of west of National City Blvd. from the northern City boundary to the southern boundary. The attached census tract map shows the location of the subject tract. ABC recommends a total of seven on -sale alcohol permits be issued in this census tract, where nine exist. Police Department Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 24) had a current (January to August 2015) crime rate of 237.5%, above the 120% considered to be a high crime area. Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Chipotle received 13 points, which would indicate a medium risk. The Risk Assessment is attached. Institute for Public Strategies (IPS) IPS made mention of the license over -concentration in the census tract and encouraged that staff and management attend Responsible Beverage Sales and Service training. The training is included as a Condition of Approval. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy 707 (alcohol incidental to food, hours of operation, RBSS training, etc.). Summary The proposed use is consistent with the General Plan, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone. The proposed use would be accessory to the existing restaurant use in an existing commercial area, which is not expected to increase the demand for parking or other services on the property. Chipotle Mexican Grill has only been in business at this location for a short time. However, the addition of alcohol sales is not expected to have any significant effects on the area. Although the census tract in which the restaurant is located is over -concentrated with regard to on -sale alcohol licenses, the subject location is a family restaurant where alcohol will only be available with the sale of food. OPTIONS 1. Approve 2015-18 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2015-18 CUP based on attached findings/findings to be determined by the Planning Commission; or 3. Continue the item in order to obtain additional information. ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Location Map 4. Site photos 5. Applicant's Plans (Exhibit A, case file no. 2015-18 CUP, dated 8/27/2015) 6. Police Department and Institute for Public Strategies comments 7. Census Tract Map and Police Beat Map 8. Public Hearing Notice (Sent to 242 property owners and occupants) MARTIN REEDER, AICP BRAD RAULSTON Principal Planner Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2015-18 CUP, 404 Mile of Cars Way 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 alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone, and because no Specific Plans exist in this location. 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 no expansion is proposed, because the proposed use would be accessory to an existing restaurant use in an existing commercial area, and because the sale of beer is not expected to appreciably increase traffic on Mile of Cars Way based on the current capacity and traffic numbers. 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 would be accessory to an existing restaurant use in an existing commercial area, which is not expected to increase the demand for parking on the property. 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, because the proposed use will be compatible with other nearby businesses; and because the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act; There is no calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. 7 That the proposed use is deemed essential and desirable to the public convenience and necessity, because it will contribute to the continued viability of a restaurant, an established and allowed use in the Major Mixed -Use District Zone. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2015-18 CUP, 404 Mile of Cars Way 1 Granting the permit would 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, because the census tract in which the subject property is located is currently over -concentrated with regard to on -sale alcohol outlets; nine on -sale outlets are permitted where seven are recommended by the California Department of Alcoholic Beverage Control. 2. That the proposed use is not deemed essential and desirable to the public convenience and necessity, because seven other on -sale alcohol outlets are located in the same census tract as the subject property. 3. That based on findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED CONDITIONS OF APPROVAL 2015-18 CUP, 404 Mile of Cars Way General 1. This Conditional Use Permit authorizes the sale of beer at an existing restaurant located at 404 Mile of Cars Way. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2015-18 CUP, dated 8/27/2015. 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. 3. 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. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. 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 Executive Director 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. Planning 7. Beer shall only be offered in 12 oz. bottles; the cap shall be removed and discarded by a staff member after purchase and prior to being served to the customer. 8. No beer is permitted to be consumed on the patio or anywhere outside the restaurant. 9. Permittee shall post signs in the dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant and may not be taken out to the patio area. 10.The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 11:00 p.m. seven days a week. 11. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 12. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 13.Alcohol shall be available only in conjunction with the purchase of food. 14. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 15. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 2015-18 CUP — Chipotle — Site Photos Existing building looking northwest Subject suite looking northwest • NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 09/10/15 BuSL TSS NAME: Chipotle ADDRESS: 404 Mile of Cars Way, National City, CA 91950 OWNERNAME: Chipotle Mexican Grill, Inc DOB: N/A OWNER. ADDRESS: 2222 Damon Street, Los Angeles, CA 90021 (add additional owners on page 2) 1. Type of Business ill Restaurant (1 pt) ❑ Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) Close by lOpm (2 pts) ❑ Close after l Opm (3 pts) III. Entertainment 0 Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (l pt) 0 Medium (2 pts) 1 High (3 pts) V. Alcohol Businesses per Census Tract 0 Below (1 pt) 0 Average (2 pts) VI Above (3 pts) Notes: Crime Rate - over 120% Census Tract - 219 Allowed Type 47 (8) On -sale (4) Off -sale Current Licenses (9) On -sale (6) Off -sale Oversaturated Census Tract Revised: 11/11 1 of 2 National City Police Department VI. Calls for Service at Location (for previous 6 months) 0 Below (1 pt) 0 Average (2 pts) i Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) 0 Mostly commercial businesses (1 pt) ❑ Some businesses, some residential (2 pts) 0 Mostly residential (3 pts) VIII.Owner(s) records check 0 No criminal incidents (0 pts) ❑ Minor criminal incidents (2 pts) ❑ Multipie/Major criminal incidents (3 pts) OWNER NAME: Unknown OWNER ADDRESS: DOB: ABC Risk Assessment Low Risk ( 12pts or less) Medium Rsk (13 — 18pts) High Risk (19 — 24pts) Taal Pc4.1fItg 13 OWNERNAME: Unknown OWNER. ADDRESS: DOB: Recommendation: NCPD does not have a proactive enforcement unit for ABC outlets. - (8) On -sale licenses are allowed, census tract 219 - currently have (9) On -sale - (4) Off -sale licenses are allowed, census tract 219 - currently (6) Off -Sale -High crime area - crime rate in the area is 237.5%, well above the 120% average ABC a high crime rate Completed by: Graham Young, Lt 2 of 2 Badge ID: 365 • AfiS Required Parameters Reporting Period: 01/2015 to 08/2015 Agency: NATIONAL CITY CRIME TYPES CRIMINAL HOMICIDE FORCIBLE RAPE ROBBERY AGGRAVATED ASSAULT BURGLARY LARCENY MOTOR VEHICLE THEFT Total Part; I Crime: ABC Report 2015 ABC Report NCPD Optional Parameters Geographical Area: Group by: Beat 024 CRIME TOTALS 0 2 9 29 17 52 43 152 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 6 OTHER PART II CRIMES 251 CHILD AND FAMILY 7 DEADLY WEAPONS 5 EMBEZZLEMENT 4 FRAUD 4 GAMBLING 0 MALICIOUS MISCHIEF 3 NARCOTICS 37 SEX CRIMES 1 FORGERY 2 OTHER NON -CRIMINAL 24 Total Part II Arrest: 344 Beat Total = Part I Crime + Part II Arrest: 496 BeatAve. ( Agency / Beat ): 208.9 Agency Wide Total = Part 1 Crime + Part II Arrest: 2,924 Seat Total as % of Seat Average: : 237.5% (120% is considered high crime area) Prior Report Number: B98S328R Sep 9, 2015 - 7 - 10:07:25 AM California ABC - License Query - Data Portal b " c5iff4.otuo California Department of Alcoholic Beverage Control For the County of SAN. DIEGO - (Retail Licenses) and Census Tract = 219 fnf� LIcene i�._ a�aates i�aacnra Type Ryi 61854 14+4CTIVE .3j 4}- 395760 428259 474554 79742 489545 7/ 13372 20 CTIVEI 40 CTIVE 1 ACTIVE - ACTIVE L ACTIVE1 17630 IIACTIVE i31956 47 20 47 20 Orig. Ise. Mate 1/25/2000 3/25/2003 0/5/2005 5/20/2009 3/3/2009 /23/2010 :29:48 PM 110/27/2011 :58:59 PM Report as of 9/20/2015 Page 1 of 2 Expir Dais 1 112/31/2015� Primary Owner and PneffgEteS Addr. �irglr 8 Mame OOKY BROS INC Rip° MARKET 643 %/OLSON AVE TIONAL CITY, CA 1950 nsus Tract: 0219.00 /29/2016 GADAN, ANA ETANZOS 0 CIVIC CENTER DR TIONAL CITY, CA 1950 r0/2015 4/30/2016 1/2016 ensus Tract: 0219.00 Mailing Ades LUB 13 0708 1651 MALTA AVE 708 'HULA VISTA, CA 1911 11 IGHTTRAIN NTERPRISES INC 108 W 25TH ST, UNITS D-G NATIONAL CITY, CA 91950 Census Tract: 0219.00 STONEYS BAR & GRILL 765 MARBELLA CIR CHULA VISTA, CA 91910 NATL CITY COMPLEX INC 133 W 8TH ST NATIONAL CITY, CA 91950-1129 Census Tract: 0219.00 IER 32 WATERFRONT RILL LLC 201 MARINA WAY, STE 02 TIONAL CITY, CA 1950-6301 NATL CITY COMPLEX INC WATERFRONT GRILL THE ` nsus Tract: 0219.00 /30/2016 BG RESTAURANTS INC USTORS BEACH HOUSE �40 BAY MARINA DR ND LONG BOARD BAR TIONAL CITY, CA 1950-6427 nsus Tract: 0219.00 19/30/11115 A'J ZONAL CITY I PETROLEUM INC tIO OSBORN ST NATIONAL CITY, CA 1950-1115 /19/2012 /29/2016 :47:29 PM ensus Tract: 0219.00 TSACHAK RESTAURANT GROUP LC 424 HOOVER AVE, LDG5ASTESF&P TIONAL CITY, CA 1950-8552 ensus Tract 0219.00 !112013 /33/2016 IAK SOUTH LP LARIONNATIONAL CITY NATIONAL CITY VALERO CODYS SUSHI & GRILL 6:16 AM 00 NATIONAL CITY 980 N HARBOR R, # 200 AN DIEGO, CA 2106 3708 3708 708 3708 708 it 708 1725 GATEWAY 3708 ENTER DR httn://www.abc_ca.gov/ciatnort/AHCountvReD.asn 9/21 /20 15 California ABC - License Query `' 'tem - Data Portal � Page 2 of 2 ofte 332 146503 12 14) 15) CTIVE LVD TIONAL CITY, CA 1950 nsus Tract: 0219.00 IAMOND BAR, A 91765 21 rCT1VE I 20 761 IWCTIVE 551696 553292 '555621 CTIVE ACTIVE ACTIVE 51 21 41 41 /22/1973 9/2016 TTIQ, LOUIS • NE TEN LIQUOR & 10 NATIONAL CITY LVD ARKET .n i wNru orry, CA 1950. snsus Tract: 0219.00 /29/2014 /31/2016 DIKHO, G6HALI 5 : IG B MARKET &DELI [:04:24 PM 1 1540 COOLIDGE AVE CA T IONAL CITY, CA 1950-442.4 708 3/10/1956 d/8/2015 2:52:24 PM 3/12/2015 10:28:27 AM 1/31/2016 3/31/2016 5/31/2016 1/31/2016 ensus Tract: 0219.00 GLES LODGE AERIE 712 131 ROOSEVELTAVE ATIONAL CITY, CA 1950 ensus Tract: 0219.00 & A COZI BAZZI INC 02 CIVIC CENTER DR TIONAL CITY, CA 1950-4321 nsus Tract: 0219.00 PAPA GALLO, LLC 1930 CLEVELAND AVE NATIONAL CITY, CA 91950-5415 Census Tract 0219.00 AUNT EMMAS PANCAKES '214 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-1109 Census Tract: 0219.00 End of Report - - For a definition of codes, view our glossary. AAGLES AERIE 2712 1COZINES GROCERY PAPA GALLO CAFE AUNT EMMAS PANCAKES 230 GLOVER AVE STE K CHULA VISTA, CA 91910 708 3708 3708 3708 ntlp://www.abc.ca.gov/daiport/AticountyRep.asp 9/21/20 5 South Bay community change project �, rcl ,1 YAs o.al.11la la, Pubic $f alry•• Environmental Scan for Alcohol License C.U.P. Chipotle Restaurant 404 Mile of Cars Way National City, CA 91950 September 14, 2015 Photo of Chipotle Restaurant in National City Google Earth View of 404 Mile of Cars Way. and Surrounding Area According to the ABC, seven (7) on -site licenses are authorized for Census Tract 219, the census track within the area of which the Chipotle Restaurant is located. Currently there are nine (9) off -sale licenses issued for the Census Tract is 219. This number exceeds the census track allocation by 2. The business is the Chipotle Restaurant, a restaurant with sales of food from a menu and beverages. During a scan of the business and property the following was noted: The business is one of several businesses located in one strip of property with other businesses in the immediate area. The Chipotle Restaurant will be approximately 70 feet away from Goody's Sushi & Grill. This business has a type 41 license. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org Youth Sensitive Areas The business is not located near any youth sensitive areas. Churches The business is not located near any churches in the area. Outlet Density According to the ABC, six (7) on -site licenses are authorized for Census Tract 219, the census track within the area of which the Chipotle Restaurant is located. Currently there are four (9) on -sale licenses issued for the Census Tract is 219. This number exceeds the census track allocation by 2. 216 Green Arrow and Red Pin depict applicant's location for "Chipotle" at 404 Mile of Cars Way, National City. Yellow Circles depict existing alcohol outlets in applicant's census tract and other Nearby Census Tracts Map from ABC.CA.Gov Website Showing Alcohol Outlets in National City The South Bay Community Change Project is a project of the Institute for Public Strategies and is funded by the San Diego County Health and Human Services Agency Page 2 of 3 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org Census Tracts Off -Sale On -Sale Tract 219 Establishment is within this tract Allowed: 4 Actual: 6 Number Above/Below Allowable: +2 Allowed: 7 Actual: 9 Above/Below: +2 Off -Sale On -Sale Crime Rate Please refer to Police Department report. Considerations The Crime Rate is unknown for this location. A follow up request for this information from personnel within the City of National City, may result in obtaining the crime rate for this location. We would recommend that the staff, management, and owner attend the Responsible Beverage Sales and Service training. The South Bay Community Change Project is a project of the Institute for Public Strategies and is funded by the San Diego County Health and Human Services Agency Page 3 of 3 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org August 25, 2014 CensusTracts 2010 1:45,467 0 0.375 0.75 r , 0 0.5 1 GlenAbbey C wit uteri 1.5 mi 2 km Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Mapmylndia, OpenStreetMap contributors, and the G IS User Community o` 3 united States Naval Station tshote a f b�,J Kimball Park 11th I i2th St Sao Diego Bay Copyright© andn(P) 1908-2006 Microsoft Corporation andtor its suppliers.Allrights reserved Portions,0.1990-2005 InstallShleld Software Corporation. All righis'rese need , . Certain mapping and direction data 02005 NAVI EQ. All rights reserved NAITEQ and M1J`AVTEQ;©i BOARD are_iradem'`a ks of NNA TEQ ©2r005 Tele.Atlas North America=lnc ' All rights reserved. Tele Atlas and Tele Atlas North America are trademarks ofTele Atlas,, rr3 � Chula vista 9: General Roca Park City of National City Beat 24 Source: Microsoft Mappoint NCPD CAU, 4/18/07 \ CALIFORNIA NATIONAL, CITY coRpoRATED CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT CHIPOTLE RESTAURANT LOCATED AT 404 MILE OF CARS WAY. CASE FILE NO.: 2015-18 CUP APN: 562-340-15 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 2, 2015, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Chipotle Mexican Grill, Inc.) The applicant is proposing to sell beer and wine inside the restaurant only (not on the patio) between the hours of 10 a.m. to 11 p.m. daily. No live entertainment is proposed. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., November 2, 2015, who can be contacted at 619-336-4310 or planninq©nationalcityca.gov 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 Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director RESOLUTION NO. 2015-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT CHIPOTLE RESTAURANT LOCATED AT 404 MILE OF CARS WAY- CASE FiLE NO. 2015-18 CUP APN: 562-340-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for alcohol sales at Chipotle Restaurant located at 404 Mile of Cars Wain at a duly advertised public hearing held on November 2, 2015, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2015-18 CUP maintained by the City and incorporated herein by reference along with evidence and testimony 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 Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 2, 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 alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use Corridor Zone, and because no Specific Plans exist in this location. 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 no expansion is proposed, because the proposed use would be accessory to an existing restaurant use in an existing commercial area, and because the sale of beer is not expected to appreciably increase traffic on Mile of Cars Way based on the current capacity and traffic numbers. 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 would be accessory to an existing restaurant use in an existing commercial area, which is not expected to increase the demand for parking on the property. 5. Granting the permit world 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, because the proposed use will be compatible with other nearby businesses; and because the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act; There is no calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. 7. That the proposed use is deemed essential and desirable to the public convenience and necessity, because it will contribute to the continued viability of a restaurant, an established and allowed use in the Major Mixed -Use District Zone. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer at an existing restaurant located at 404 Mile of Cars Way. Plans submitted for permits associated with this project shall conform with Exhibit A, Case File No. 2015-18 CUP, dated 8/27/2015. 2. Within four (4) days of approval, pursuant to Fish and dame Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental fling fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. 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. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. 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 Perin t= The applicant shall also submit evidence to the satisfaction of the Executive. Director that a Notice of Restrictive 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 ation 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. Planning 7. Beer shall only be offered in 12 oz. bottles; the cap shall be removed and discarded by a staff member after purchase and prior to being served to the customer. 8. No beer is permitted to be consumed on the patio or anywhere outside the restaurant. 9. Permittee shall post signs in the dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant and may not be taken out to the patio area. 10.The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 11:00 p.m. seven days a week. 11.AII sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 12. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be ri lee sdr y in their judgment to verify that the sale of alcohol does not exceed the sale of • orod. All information obtained by an invesiigation of records shall remain confidential. 13. Alcohol shall be available only in conjunction with the purchase of food. 14. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 15. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. BE !T FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 2, 2015, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Alvarado, Baca, Bush, DelaPaz,.Flores, Garcia, Yamane CHAIRPERSON GENERAL NOTES STARBUCKS DRIVE-THRU ROOF ACCESS / FIRE RISER ROOM ELECTRICAL ROOM CH ULE 2,493 SQUARE FEET GAS SERVICE o r o STARBUCKS JERSEY MIKE'S 0 0 0 0 0 0 lots NO ALCOHOL ON PATIO AREA PATIO FURNITURE, RE: A130 ACCESSIBLE PATH OF TRAVEL EXISTING COVERED TRASH ENCLOSURE WITH HOT/COLD WATER TAPS EXISTING ACCESSIBLE PARKING AND RAMP EXISTING ADJACENT TENANT GREASE INTERCEPTOR LIJ ALL SITE WORK INCLUDING PAVING, CURBING, PARKING, PARKING LOT LIGHTING, SIDEWALKS, LANDSCAPING, AND DUMPSTER ENCLOSURE ARE EXISTING UNLESS NOTED OTHERWISE. ZONING INFORMATION ZONE: LOT SIZE: APN: EXISTING APPROVALS: MXC-2 3.12 ACRES 562-340-1500 CONDITIONAL USE PERMIT CASE FILE NUMBER: 2013-22 CUP PLANNING COMMISSION STAFF REPORT, NOV. 18, 2013 PARKING INFORMATION PARKING PROVIDED IS INSIDE THE "PROPOSED AREA OF WORK" LINE PARKING REQUIREED: 31 PARKING SPACES PROVIDED: 31 (INCLUDING ACCESSIBLE) (NO COMPACT SPACES) ACCESSIBLE SPACES PROVIDED: VEHICLE STACKING IN DRIVE-THRU: (MEASURED AT 20' LENGTHS) 2 SPACES (1 CAR, 1 VAN) 8 MINIMUM BUILDING INFORMATION PROPOSED USE: OCCUPANCY TYPE: CONSTRUCTION TYPE: TENANT AREA: TENANT PATIO AREA (NO LIQUOR): SEAT COUNT: OTHER TENANTS: BUILDING OVERALL: TENANT AGENT FOOD RESTAURANT A-2 V-B (SPRINKLED) 2,493 SF 230 SF 52 INTERIOR, 14 PATIO, 66 TOTAL 3,817 SF 5,722 SF CINDY BLOCK LIQUORLICENSE.COM 222 DAMON STREET LOS ANGELES, CA 90021 213-417-2320 C I N DY@LI QUORL ICENS E. COM PROPOSED AREA OF WORK, SHOWN DASHED NEW GREASE INTERCEPTOR, BY LANDLORD. LOCATION PROPOSED BUT NOT YET APPROVED (LL PROPOSED ACCROSS THE DRIVE AISLE IN FRONT OF PATIO) JOHN M DUNGAN ARCHITECT 8826 Santa Fe Drive Suite 304 Overland Park, KS 66212 913-341-2466 913-341-2455 fax FOR CONSTRUCTION COPYRIGHT 2014 THIS DRAWING IS AN INSTRUMENT OF SERVICE AND AS SUCH REMAINS THE PROPERTY OF CHIPOTLE MEXICAN GRILL, INC.. PERMISSION FOR USE OF THIS DOCUMENT IS LIMITED AND CAN BE EXTENDED ONLY BY WRITTEN AGREEMENT WITH CHIPOTLE MEXICAN GRILL, INC.. CHIPOTLE MEXICAN GRILL, INC. 1401 WYNKOOP STREET, SUITE 500 DENVER, COLORADO 80202 TELEPHONE: (303) 595-4000 FAX: (303) 595-4014 INTERNET: WWW.CHIPOTLE.COM U c6 c 0 z Store No. 2600 Issue Record: 02/10/15 ICP Sketch 03/12/15 Permit Issue 05/11/15 Bid Issue 06/05/15 Construction Issue Revisions: Project No. 01368 Architectural Site Plan - CUP OARCHITECTURAL SITE PLAN 1 1.. -10.-0" A101 GENERAL NOTES 1 1/2" 18 GA. STAINLESS STEEL SHROUD in 1 1/2" OIce Maker Line Shroud Detail FRP CONTINUOUS BEAD OF SILICONE AT TOP OF FLASHING 4" HIGH STAINLESS STEEL FLASHING WITH DRIP EDGE. ADHERE TO FRP WITH CONSTRUCTION ADHESIVE 4-COMP SINK O S.S. Flashing a 4-Comp Sink co iV Sneezeguard Section Detail _,_0. TABLE TOP ADA TABLE LEG PLACEMENT 9 1/2" 2'- 8 1/2" SNEEZE TRAJECTORY GLASS SNEEZEGUARD GLASS RETURN AT ENDS FRONT EDGE OF SERVE LINE ROOF ACCESS / FIRE RISER ROOM ELECTRICAL ROOM EXISTING DOOR NOT REQUIRED, REMOVE AND PATCH WALL OR SEAL SHU 1. SEE SHEET A131 FOR KEYNOTE LEGENDS. 2. ALL DIMENSIONS TO FACE OF GYPSUM BOARD, FACE OF FINISH PLYWOOD, CENTERLINE OF FURNITURE, OR COLUMN GRID, UNLESS NOTED OTHERWISE. 3. PROVIDE FIRE EXTINGUISHERS AS FOLLOWS: (2) TYPE ABC - LOCATE PER ARE MARSHAL (1) TYPE K - LOCATE PER FIRE MARSHAL (1) HOOD SUPPRESSION SYSTEM AGENT COMPATIBLE EXTINGUISHER IN PROXIMITY OF THE GRILL- COORDINATE LOCATIONS WITH TENANT ARCHITECT AND FIRE MARSHAL PRIOR TO INSTALLATION. 4. MAINTAIN MINIMUM 3'-0" CLEAR @ QUEUE LINE & EXIT PATHWAYS, TYP. 5. RE: INTERIOR ELEVATIONS FOR ADDITIONAL DIMENSIONS. 6. PROVIDE BLOCKING IN WALLS FOR WALL -MOUNTED ARTWORK, TOILET ROOM AND KITCHEN FIXTURES STARBUCKS 58' - 10" o N 0 X X 1 1 IF WOMEN'S 103 30 X 61 ABC 10 A220 REAR KITCHEN 106 (35.3) 11 ADMIN 107 rff 10 (38) C111 453 22 �r 4 i MEN'S 102 11 A220 KITCHEN 105 6 A220 1 22 L H III W W III W III W III W III III III III III III III P 33 L COOLER 108 10'-11/2" 00 00 5 111111 /I EXISTING STEEL [-- COLUMN — (26) L k ra 10 (8.2)1 (8.1)i \49ni 0 0 0 0 7 L 19 • IF; 14) ---- (13 )- 7 —h El SER NG -104 11 (24 3) K 2 CENTER LINE OF FURNITURE LAYOUT 0 0 a (4) 11'-0" {1B)— 3' - 8 1/2" (1B) 0) 13 -81/2' 4'- 5 1/4" a' S1/4'I u M 0 I1© 2'-0" 2'-I0" 2' 0" 2'-0 LOCATION OF a ALCOHOL SALES N DISPLAY AND STORAGE 1 0 1 EXISTING STEEL COLUMN = I --=--I L 1r MI 4,3 r=I 4,1 VP� 4'- 5 1/4" VP� CIO 4' - 5 1/4" co M co 0 3'-81/2� • N DINING 0 Zs) 100 3' - 8 1/2" A I--7 LOL 1B J I--7 —(1B)L_ JI co M co io to 0) PI 14C X/ (14B) 16 ABC w JERSEY MIKE'S BACKLIT PERF WALL NEW EXIT/PATIO DOOR , BY CHIPOTLE PATIO AREA NOT DEFINED OR SEPERATED BY RAIL PER CBC 1004.3, LOCATE OCCUPANT LOAD SIGNAGE NO ALCOHOL ON PATO PATIO AREA NOT DEFINED OR SEPERATED BY RAIL ----„\\ JOHN M ©UNGAN ARCHITECT 8826 Santa Fe Drive Suite 304 Overland Park, KS 66212 913-341-2466 913-341-2455 fax FOR CONSTRUCTION COPYRIGHT 2014 THIS DRAWING IS AN INSTRUMENT OF SERVICE AND AS SUCH REMAINS THE PROPERTY OF CHIPOTLE MEXICAN GRILL, INC.. PERMISSION FOR USE OF THIS DOCUMENT IS LIMITED AND CAN BE EXTENDED ONLY BY WRITTEN AGREEMENT WITH CHIPOTLE MEXICAN GRILL, INC.. CHIPOTLE MEXICAN GRILL, INC. 1401 WYNKOOP STREET, SUITE 500 DENVER, COLORADO 80202 TELEPHONE: (303) 595-4000 FAX: (303) 595-4014 INTERNET: WWW.CHIPOTLE.COM U c O co z Store No. 2600 Issue Record: 02/10/15 ICP Sketch 03/12/15 Permit Issue 05/11/15 Bid Issue 06/05/15 Construction Issue Revisions: n 04/30/15 City Comments 06/05/15 QC Revisions Project No. 01368 Fixtures, Furniture & Equipment Plan O1/2" - 1',0• DETAIL (1) ® FURNITURE, FIXTURE & EQUIPMENT PLAN A130