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Draft Agenda Packet - CC HA 11-01-16
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI S 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.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, NOVEMBER 1, 2016 - 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 1 of 288 CC/CDC-HA Agenda 11 /1 /2016 — 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. 2 of 288 CC/CDC-HA Agenda 11 /1 /2016 — 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 PRESENTATIONS 1. Unified Port of San Diego Update - Robert "Dukie" Valderrama - Port Commissioner, Vice Chairman INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 2. 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) 3. 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) 4. Resolution of the City Council of the City of National City 1) authorizing the acceptance of a grant award in the amount of $70,000 from the Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) grant 2017 to conduct DUI and traffic related enforcement operations for the Police Department; 2) authorizing the Chief of Police to execute the Agreement of the award of the grant funds; and 3) authorizing the establishment of fund appropriations and a corresponding revenue budget. (Police) 5. Resolution of the City Council of the City of National City waiving the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City 3 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 4 (Buyer) to piggyback the City of Encinitas RFP Contract #2012-01 for Urban Forestry Maintenance Services to award a contract to West Coast Arborists, Inc. (WCA) for tree trimming services in an amount not to exceed $90,000.(Engineering/Public Works) 6. Resolution of the City Council of the City of National City authorizing submittal of applications for all State of California Department of Resources, Recycling and Recovery (CalRecycle) grants for which the City of National City is eligible, for a period of five (5) years. (Engineering/Public Works) 7 Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the El Toyon-Las Palmas Regional Bicycle Boulevard Project in the amount of $1,544,000; 2) accepting the terms of the Grant Agreement; and 3) authorizing the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. (Engineering/Public Works) 8. Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the Citywide Safe Routes to School (SRTS) Pedestrian Enhancements Project in the amount of $1,678,000; 2) accepting the terms of the Grant Agreement; and 3) authorizing the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. (Engineering/Public Works) 9. Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the Euclid Avenue Bicycle and Pedestrian Enhancements Project in the amount of $3,335,000; 2) committing to a local match of $200,000; 3) accepting the terms of the Grant Agreement; and 4) authorizing the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. (Engineering/Public Works) 10. Resolution of the City Council of the City of National City authorizing the Mayor to enter into an agreement with the Coast Community College District (Golden West College) to provide training services. The training program to be provided is the Public Safety Dispatch Supervisor Course. The cost of the training will be $ 395.00 per student for up to four students for a total cost of $1,580.00 for an 80 hour course. (Police) 4 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 5 11. Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Sustainable Transportation Planning Grant Program funds through the California Department of Transportation (Caltrans) for National City's INTRA-Connect project (Integrating Neighborhoods with Transportation Routes for All) in the amount of $230,000, 2) committing to a local match of $70,000; and 3) authorizing the City Manager to execute the grant agreement with Caltrans, if selected for grant award. (Engineering/Public Works) 12. Resolution of the City Council of the City of National City approving revisions to the City of National City Workplace Violence and Security Policy. (Human Resources) 13. Resolution of the City Council of the City of National City adopting City Council Policy #703 — Environmentally Preferable Purchases and Practices (EPPP). (Engineering/Public Works) 14. Warrant Register #13 for the period of 09/21/16 through 09/27/16 in the amount of $2,136,821.84. (Finance) 15. Warrant Register #14 for the period of 09/28/16 through 10/04/16 in the amount of $1,675,164.55. (Finance) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION 16. An Ordinance of the City Council of the City of National City amending Title 10 Section10.30.040 of the National City Municipal Code to establish the City Councils authority to govern the sale or use of alcoholic beverages in city -owned buildings operated and controlled by third parties, within a public park, through written agreements with the City. (City Manager) ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 17. Resolution of the City Council of the City of National City adopting amendments to City Council Policy 803: Facility Use Guidelines and Regulations for the Use of Community Centers. (Community Services) NEW BUSINESS B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY 5 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 6 CONSENT RESOLUTIONS- HOUSING AUTHORITY 18. Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage that is not -to -exceed $104,000 to be and remain a lien prior and superior to a home purchase assistance loan on a single-family residence located at 1928 E Avenue in National City. (Housing & Economic Development Department) NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - November 15, 2016 - 6:00 p.m. - Council Chambers - National City, California. City Council and Community Development Commission - Housing Authority of the City of National City Meeting Schedule for the Period January 3, 2017 through January 17, 2017: January 03 - Dispense with Meeting - 6:00 pm January 17 - Regular Meeting - 6:00 pm 6 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 7 The following page(s) contain the backup material for Agenda Item: Unified Port of San Diego Update - Robert "Dukie" Valderrama - Port Commissioner, Vice Chairman 7 of 288 ITEM # 11-1-16 UNIFIED PORT OF SAN DIEGO UPDATE (ROBERT " DUKIE" VALDERRAMA - PORT COMMISIONER, VICE CHAIRMAN) 8 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 9 The following page(s) contain the backup material for Agenda Item: 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) 9 of 288 Item # 11/01/16 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) 10 of 288 CC/CDC-HA Agenda 11 /1 /2016 — Page 11 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City 1) authorizing the acceptance of a grant award in the amount of $70,000 from the Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) grant 2017 to conduct DUI and 11 of 288 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 11/1/2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City 1) authorizing the acceptance of a grant award in the amount of $70,000 from the Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) grant 2017 to conduct DUI and traffic related enforcement operations for the Police Department; 2) authorizing the Chief of Police to execute the Agreement of the award of the grant funds; and 3) authorizing the establishment of fund appropriations and a corresponding revenue budget. PREPARED BY: Jeffrey Meeks, Sergeant DEPARTMENT: PoliceXA PHONE: (619) 336-4446�� APPROVED EXPLANATION: On June 2nd, 2016 the National City Police Department was approved to receive $70,000 in grant funds from the Office of Traffic Safety (OTS). The grant was approved for a one year period beginning October 1st, 2016. This award is based upon a grant proposal submitted to the Office of Traffic Safety for the purpose of reducing the number of persons killed or injured in traffic collisions and alcohol involved collisions; to reduce fatal and injury hit run collisions; to reduce the amount of motorcyclists killed or injured; and to reduce fatal and injury collisions at intersections, where unsafe turning movements and unsafe speeds were a factor. The grant funds allocated to accomplish these goals will be used to fund overtime operations such as DUI/DL Checkpoints, DUI saturation patrols, and enforcement operations regarding speed, red light violators, distracted drivers and motorcycle safety enforcement within the city limits of the City of National City. There is also funding allowing for Traffic Safety presentations and purchase of learning materials. FINANCIAL STATEMENT: APPROVED: L—�/ Finance ACCOUNT NO. APPROVED: MIS 290-11658-3498 (Other Federal Grants) $70,000 290-411-658-1** (Overtime & related accounts) $70,000 No matching funds required. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: OTS Agreement 12 of 288 State of California — Office of Traffic Safety GRANT AGREEMENT - Page 1 OTS-38 (Rev. 4/16) GRANT NUMBER PT1779 1. GRANT TITLE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) 2. NAME OF AGENCY CITY OF NATIONAL CITY 4. GRANT PERIOD From: 10/1/16 To: 9/30/17 3. AGENCY UNIT TO ADMINISTER GRANT NATIONAL CITY POLICE 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in traffic collisions involving impairment and other primary collision factors. The funded strategies may include enforcement operations focusing on impaired driving, distracted driving, nighttime seat belt use, motorcycle safety, and pedestrian and bicycle safety. Operations are conducted in areas with disproportionate numbers of traffic collisions. Other funded strategies may include public awareness, educational programs and training for law enforcement. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: S 70,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the reference made a part of the Agreement: • Schedule A (OTS-38b) — Problem Statement, Goals and Objectives and Method of Procedure • Schedule B (OTS-38d) — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1 (OTS-38f) — Budget Narrative and Sub - Budget Narrative (if applicable) *Items shown with an asterisk (*), are hereby incorporated by reference These documents can be viewed at the OTS home web page under We, the officials named below. hereby swear under penalty of perjury authorized to legally bind the Grant recipient to the above described IN WITNESS WHEREOF, this Agreement has been executed by terms and conditions of the • Exhibit A —Certifications • Exhibit 3* - OTS Grant and made a part of this agreement Grants: www,ots.ca,etw. following which are by this and Assurances Program Manual as if attached hereto. of California that we are duly under the laws of the State Grant terms and conditions. the parties hereto. 8. APPROVAL SIGNATURES A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL OF AGENCY NAME: Jeffrey Meeks Mon: (619) 336-4446 NAME: Manuel Rodriguez PHONE (619) 336-4510 TIrLE: Sergeant TrrLE: Chief of Police FAX: (619) 336-4454 FAX: (619) 336-4525 ADDRESS: 1200 National City Blvd ADDRESS: 1200 National City Boulevard National City, Ca 91950 National City, CA 91950 EMAIL: jmeeks@national tyca.gov 7�% //,/� E-1iAii-: mrod ' ez@nationnaaa1city�ca.g/ovv �f �i ' l �iJ � am' / r3 -3i-A. Signature) (Date) C. FISCAL OR ACCOUNTING OFFICIAL NAME: Arnold Ocana PHONE: (619) 336-4342 TrrLa: Senior Accountant FAX: (619) 336-4597 ADDRESS: 1243 National City Boulevard National City, CA 91950 E-MAIL: aoea i , • ai, alcityca.gov _ a.ab 9 / 7 /,' y Signature) (Date) D. OFFICE AUTHORIZED TO RE FIVE PAYMENTS NAME: Finance Department, City of National ADnRrss: 1243 National City Boulevard National City, CA 91950 9. DUNS NUMBER DUNS #: 072494073 Recis&&REP 1243 National City Blvd ADDREn &zip: National City, CA 919501-4301 ;grrarrrrc) (pale) 13 of 288 l Page 2 (Office of Traffic Safety Use Only) EFFECTIVE DATE OF AGREEMENT: 10/1/2016 GRANTEE CITY OF NATIONAL CITY GRANT NO. PT1779 10. Fin Action No. 1 Date: 8/26/2016 Revision No. Date: 12. TYPE OF AGREEMENT' Initial PAID MEDIA PROGRAM INCOME XI Revision TASK NO. 1 Cont. II F.F.Y. 2 2017 11. Action Taken Initial approval of 2017 HSP funds obligated. 13. FUNDING DISPOSITION & STATUS Fiscal Year Amount 2016-17 70,000.00 2015-16 2014-15 2013-14 Obligated This Action Previously Obligated Total Amount Obligated Total 70,000.00 TOTAL FUNDS PROGRAMMED 70,000.00 0.00 70,000.00 70,000.00 14, FUNDING DETAIL - FISCAL YEAR GRANT PERIOD ENDING: 9/30/2017 FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 164AL 20.608 0521-0890-101 (10/15) 2015 10/15 2015 $ 15,000.00 402PT 20.600 0521-0890-101 (10/15) 2015 10/15 2015 $ 20,000.00 164AL 20.608 0521-0890-101 (23/16) 2016 23/16 2016 $ 15,000.00 402PT 20.600 0521-0890-101 (23/16) 2016 23/16 2016 $ 20,000.00 - - - - - - $ - - - - - - - 5 - - - - - - - $ - - - - $ TOTAL FEDERAL FUNDS: 70,000.00 15. GRANT APPROVAL & AUTHORIZATION TO EXPEND OBLIGATED FUNDS A. APPROVAL RECOMMENDED BY B. AGREEMENT & FUNDING AUTHORIZED BY NAME: ADRIENNE TACKLEY TITLE: Program Coordinator PHONE: (916) 509-3013 E-MAIL: adrienne.tackley@ots_ca.gov Office of Traffic Safety 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 GL� Signature OTS-38a' (Rev. 01/16) NAME: RHONDA L. CRAFT TITLE: Director Signature Office of Traffic Safety Drive, Suite 300 A 9575 14 of 288 2 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 1 1. PROBLEM STATEMENT The National City Police Department has seen a dramatic increase in DUI related arrests. In 2013 there were 166 DUI related arrests. In 2014 the arrest rate rose to 209, an increase of 26%. I believe this is a direct correlation to the additional resources put on the street to enforce DUI laws. The resources include the DUI Checkpoints as well as the DUI saturation patrol. The OTS grant enabled the National City Police Depart to put additional officers on the street to combat the problem of DUI drivers. This resulted in the additional arrests of DUI drivers and enhanced the safety of the community. Since the OTS Grant PT1560 began in October 2014, officers from the National City Police Department have made over 22 DUI arrests during the roving DUI patrols as well as checkpoints. In addition the OTS grant targeting `Primary Collision Factors' or PCF as well as the Distracted Driver enforcement has led to a drastic decrease in collisions. Total collisions in 2013 were 367 and reduced to 301, an 18% decrease. I also believe this is in direct correlation to increased traffic enforcement as allowed by the OTS grant in order to place more police officers on the street looking for drivers who are distracted and driving negligent. It should be noted there were an additional 14 DUI arrest by officers conducting `PCF' enforcement. According the National City Police Department's Crime Analysis Unit there were 203 injury collisions in 2014 with 305 people being injured during those collisions. There were also three fatality collisions in 2014. Ofthe 203 injury collisions, 20 of the injury collisions were a result of DUI being the primary collision factor. This is 9.8% of the injury collisions were a result of DUI, which shows the need for increased DUI enforcement. This is increase of 1.2% increase from 2013. A. Traffic Data Summary: Collision Type 2013 2014 2015 Collisions Victims Collisions Victims Collisions Victims Fatal 2 2 3 4 0 0 Injury 254 266 203 305 52 64 Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured 7 Alcohol - Involved 0 5 0 5 0 5 0 5 0 7 0 Hit&Run 1 18 1 18 1 18 1 18 0 10 0 12 Nighttime (2100-0259 hours) 0 22 0 29 0 22 0 29 0 3 0 3 Top 3 Primary Collision Factors Fatal Injury Killed Injured #1- Turning Movements 0 21 0 32 #2 - Violations of Speeding Laws 0 21 0 35 #3 - DUI 1 19 2 27 OTS-38b (Rev. 4/16) 15 of 288 3 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 2 2. PERFORMANCE MEASURES A. Goals: 1) Reduce the number of persons killed in traffic collisions. 2) Reduce the number of persons injured in traffic collisions. 3) Reduce the number of persons killed in alcohol -involved collisions. 4) Reduce the number of persons injured in alcohol -involved collisions. 5) Reduce the number of persons killed in drug -involved collisions. 6) Reduce the number of persons injured in drug -involved collisions. 7) Reduce the number of persons killed in alcohol/drug combo -involved collisions. 8) Reduce the number of persons injured in alcohol/drug combo -involved collisions. 9) Reduce the number of motorcyclists killed in traffic collisions. 10) Reduce the number of motorcyclists injured in traffic collisions. 11) Reduce hit & run fatal collisions. 12) Reduce hit & run injury collisions. 13) Reduce nighttime (2100 - 0259 hours) fatal collisions. 14) Reduce nighttime (2100 - 0259 hours) injury collisions. 15) Reduce the number of bicyclists killed in traffic collisions. 16) Reduce the number of bicyclists injured in traffic collisions. 17) Reduce the number of pedestrians killed in traffic collisions. 18) Reduce the number of pedestrians injured in traffic collisions. B. Objectives: 1) Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information OTS-38b (Rev. 4/16) 16 of 288 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 3 Officer at pio(iots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2) Participate in the following campaigns: • National Walk to School Day — October 5, 2016 • National Teen Driver Safety Week — October 16-22, 2016 • NHTSA Winter Mobilization — December 16, 2016 to January 1, 2017 • National Distracted Driving Awareness Month — April 2017 • National Bicycle Safety Month — May 2017 • National Motorcycle Safety Month — May 2017 • National Click It or Ticket Mobilization — May 17-20, 2017 • NHTSA Summer Mobilization — August 19, 2017 to September 6, 2017 • National Child Passenger Safety Week — September 17-23, 2017 • California's Pedestrian Safety Month — September 2017 3) Develop (by December 31) and/or maintain a "HOT Sheet" program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. 4) Send 2 law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hour) POST -certified training. 5) Send 2 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST -certified training. 6) Send 1 law enforcement personnel to the Drug Recognition Expert (DRE) training. 7) Conduct 2 DUI/DL Checkpoints. Note: A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the NHTSA Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activityfor each checkpoint operation. For combination DUI/DL checkpoints, departments should issue press releases that mention DL 's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoint operations should read "DUI/Driver's License Checkpoint Ahead" OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval will OTS fund checkpoint operations that begin prior to 1800 hours. 8) Conduct 37 DUI Saturation Patrol operation(s). 9) Conduct 50 Traffic enforcement operation(s), including but not limited to, primary collision factor violations. OTS-38b (Rev.4/16) 5 17 of 288 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 4 10) Conduct 25 Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 11) Conduct 4 highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or collisions resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary collision factor violations by motorcyclists and other drivers. Note: It is recommended the grantee issue an advance press release and conduct social media activity prior to each operation to publicize and raise awareness about motorcycle safety issues. 12) Conduct 4 highly publicized Pedestrian and Bicycle enforcement operation(s) in areas of or during events with a high number of pedestrian and/or bicycle collisions resulting from violations made by pedestrians, bicyclists, and drivers. Note: It is recommended the grantee issue an advance press release and conduct social media activity prior to each operation to publicize and raise awareness about pedestrian and bicycle safety issues. 13) Conduct 4 Traffic Safety educational presentations with an effort to reach 100 community members. Note: Presentations may include topics such as distracted driving, DUI, speed, pedestrian and bicycle safety, seatbelts and child passenger safety. NOTE: Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. 3. METHOD of PROCEDURE A. Phase 1- Program Preparation. Training and Implementation (let Quarter of Grant Year) • The department should develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training should be conducted this quarter. • All grant -related purchases should be made this quarter. • In order to develop/maintain the "HOT Sheets," research will be conducted to identify the "worst -of - the -worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The HOT Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. HOT Sheets should be updated and distributed to traffic and patrol officers at least monthly, • Implementation of the STEP grant activities will be accomplished by deploying personnel at high collision locations. OTS-3Sb (Rev. 4/16) 18 of 288 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 5 B. Phase 2 - Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements • Submit all grant -related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pio(Nots.ca.gov, with a copy to your OTS Coordinator. a) If an OTS template -based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would be 10-20 days prior to the release date to ensure adequate turn -around time. b) Press releases reporting the results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. c) Activities such as warrant service operations and court stings that could be compromised by advanced publicity are exempt from pre -publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio(th,ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant -related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pio a,ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Include the OTS logo, space permitting, on grant -funded print materials; consult your OTS Coordinator for specifics. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) • Agencies are required to collect and report quarterly, appropriate data that supports the progress of goals and objectives. OTS-38b (Rev. 4/16) 19 of 288 7 GRANTS MADE EASY - STEP NATIONAL CITY SCHEDULE A GRANT DESCRIPTION GRANT No. PT1779 PAGE 6 • Statistical data relating to the grant goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year-to-date comparisons of goals and objectives. If required, a separate quarterly data reporting form will be completed each quarter and submitted as part of the QPR. • Reports will compare actual grant accomplishments with the planned accomplishments. They will include information concerning changes made by the Grant Director in planning and guiding the grant efforts. • Reports shall be completed and submitted in accordance with OTS requirements as specified in the Grant Program Manual. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR), The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. S. ADMINISTRATIVE SUPPORT This program has full support of the City of National City. Every effort will be made to continue the activities after the grant conclusion. OTS-38b (Rev. 4/16) 20 of 288 8 NATIONAL CITY POLICE SCHEDULE B DETAILED BUDGET ESTIMATE GRANT NO. PT1779 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 164 AL 20.608 MINIMUM PENALTIES FOR REPEAT $ 30,000.00 OFFENDERS FOR DRIVING WHILE INTOXICATED 402 PT 20.600 STATE AND COMMUNITY HIGHWAY SAFETY $ 40,000.00 COST CATEGORY FISCAL YEAR ESTIMATES 10/1/16 thru 9/30/17 TOTAL COST TO GRANT A. PERSONNEL COSTS CFDA FY-1 Overtime 20.608 20.608 20.608 20.600 20.600 20.600 20.600 20.600 20.600 $ 12,000.00 $ 15,000.00 $ 3,000.00 $ 21,100.00 $ 9,000.00 $ 1,400.00 $ 1,400.00 $ 1,000.00 $ 3,800.00 $ 12,000.00 $ 15,000.00 $ 3,000.00 $ 21,100.00 $ 9,000.00 $ 1,400.00 $ 1,400.00 $ 1,000.00 $ 3,800.00 DUI Checkpoints DUI Saturation Patrols Benefits @ 11.18% Traffic Enforcement Operations Distracted Driving Operations Motorcycle Safety Enforcement Operations Bicycle/Pedestrian Enforcement Operations Traffic Safety Educational Presentations Benefits @ 11.18% Category Sub -Total $ 67,700.00 $ 67,700.00 B. TRAVEL EXPENSE In -State Out -of -State 20.600 $ 2,000.00 $ - $ 2,000.00 $ - Category Sub -Total $ 2,000.00 , $ 2,000.00 C. CONTRACTUAL SERVICES None Y $ - $ - Category Sub -Total $ - $ - D. EQUIPMENT None $ - $ - Category Sub -Total $ - $ - E. OTHER DIRECT COSTS Educational Materials 20.600 $ 300.00 $ 300.00 Category Sub -Total $ 300.00 $ 300.00 F. INDIRECT COSTS None $ - $ - Category Sub -Total $ - $ - GRANT TOTAL $ 70,000.00 $ 70,000.00 OTS-38d (Rev. 4/16) 21 of 288 SCHEDULE B-1 NATIONAL CITY POLICE GRANT NO. PT1779 BUDGET NARRATIVE Page 1 PERSONNEL COSTS Overtime Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Reserve Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of $32,00/hour to $81.00/hour. Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. Overtime Benefit Rates Medicare 1.45% Workers Compensation 9.73% TOTAL BENEFIT RATE 11.18% TRAVEL EXPENSE In -State Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Schedule B-1 (Budget Narrative) must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. Out -Of -State None CONTRACTUAL SERVICES None EQUIPMENT None OTHER DIRECT COSTS Educational Materials — costs of purchasing, developing or printing brochures, pamphlets, fliers, coloring books, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS. INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. OTS-38f (Rev. 4/16) 22 of 288 ExIIIBIT A CERTIFICATIONS AND ASSURANCES Page 1 Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR §18.12. The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: • 23 U.S.C. Chapter 4--Highway Safety Act of 1966, as amended • 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part 1200--Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100-259), which requires Federal -aid recipients and all sub -recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.c. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. Certifications and Assurances (Rev. 5/16) 23 of 288 II EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 2 BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non -domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCH ACT) The Grantee Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Certifications and Assurances (Rev. 5/16) 24 of 288 I 2- EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 3 RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION Instructions for Primary Certification ]. By signing and submitting this grant agreement, the Grantee Agency Official is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the Grantee Agency Official to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency Official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this grant agreement is submitted if at any time the Grantee Agency Official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this grant agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The Grantee Agency Official agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. Certifications and Assurances (Rev. 5I16) 25 of 288 13 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 4 7. The Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non -procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions (1) The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this grant agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/grant agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Certifications and Assurances (Rev. 5/16) 26 of 288 EXHIBIT A CERTIFICATIONS AND ASSURANCES Page 5 Instructions for Lower Tier Certification 1. By signing and submitting this grant agreement, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant agreement is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Certifications and Assurances (Rev. 5/16) 27 of 288 is ExH113IT A CERTIFICATIONS AND ASSURANCES 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered age 6 transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9,4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this grant agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Certifications and Assurances (Rev. 5/16) 28 of 288 ilo CC/CDC-HA Agenda 11 /1 /2016 — Page 29 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City waiving the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City (Buyer) to piggyback the City of Encinitas R 29 of 288 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City waiving the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing and authorizing the City (Buyer) to piggyback the City of Encinitas RFP Contract #2012-01 for Urban Forestry Maintenance Services to award a contract to West Coast Arborists, Inc. (WCA) for tree trimming services in an amount not to exceed $90,000. PREPARED BY: Ray Roberson, Management Analyst II PHONE: (619) 336-4583 EXPLANATION See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: —/ Finance ACCOUNT NO. APPROVED: MIS Funds available in account #105-416-227-299-0000 through prior City Council appropriations. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution authorizing the Gity (Buyer) to piggyback the City of Encinitas RFP Contract #2012-01 to award a contract to West Coast Arborists, Inc. (WCA) for tree trimming services in an amount not to exceed $90,000. BOARD I COMMISSION RECOMMENDATION: N/A ATTACHMENTS: '! . Explanation 2. City of Encinitas City RFP Contract #2012-01; Contract Extension; and Contract Amendment 3. Service Agreement 4. Resolution 30 of 288 EXPLANATION In 2015, the City contracted with West CoastArborist, Inc. (WCA), a highly qualified and reputable firm in the field of urban forestry, to assist with a backlog in work order requests for tree trimming services. The City and WCA formed a strong working partnership and WCA did an outstanding job in assisting the City's Park Maintenance staff with reducing the tree trimming work order backlog, In order to continue making progress on the tree trimming backlog, staff recommends entering into a new agreement with WCA. National City Municipal Code Section 2.60.260 provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase. National City's Purchasing staff has confirmed that the City of Encinitas Request for Proposals (RFP) Contract #2012-01 Urban Forestry Maintenance Services with WCA was competitively bid through an RFP process, and that the City of Encinitas' procurement procedures are in substantial compliance with those of National City. On October 16, 2012, the City of Encinitas entered into a three year agreement with WCA for Urban Forest Maintenance Services. On July 23, 2015 the City of Encinitas extended the contract with WCA through October 16, 2017. On June 15, 2016, the contract was amended to adopt newly implemented Department of Industrial Relations prevailing wage requirements. Therefore, staff requests that City Council waive the formal bid process consistent with National City Municipal Code Section 2.60.260 regarding cooperative purchasing arid authorize the City (Buyer) to piggyback the City of Encinitas RFP Contract #2012-01 for Urban Forestry Maintenance Services to award a contract to WCA for tree trimming services in an amount not to exceed $90,000. Services would be provided through June 30, 2017. Funds are available in the Parks Maintenance & Operations Contract Services account through adoption of the FY 2017 budget. 31 of 288 CITY OF ENCINITAS AGREEMENT TO PROVIDE SERVICES THIS AGREEMENT is made and entered into as of the date of execution by the City of Encinitas, a municipal corporation, hereinafter referred to as "CITY", and West Coast Arbarists, Inc., hereinafter referred to as "PROVIDER". RECITALS The CITY requires professional assistance to provide the following services: URBAN FORESTRY MAINTENANCE SERVICES. PROVIDER represents itself as possessing the necessary skills and qualifications to provide the services required by the CITY; NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the CITY and PROVIDER agree as follows: 1,0 CONTRACT D 0 CUMENTS 1.1 The complete Contract/Agreement includes all Contract Documents, to wit: the Notice requesting Proposal, the Request For Proposals (RFP), the PROVIDER'S Proposal and documents executed therewith, including the Workers' Compensation Certificate, the bonds executed in connection herewith, Addenda, insurance certificates and endorsements and all official papers and documents relating to the Work to be performed hereunder, the Scope of Work and all modifications incorporated in these documents before their execution. These documents shall be deemed and considered as forming a part of this ContractlAgreement as fully set forth herein and whether or not attached hereto. Any and all obligations of CITY AND PROVIDER are fully set forth and descried herein, 2.0 TERM OF AGREEMENT 2.1 Term. The term of The AGREEMENT is for a period of three (3) years, commencing on the Execution Date, and terminating three (3) calendar years thereafter ("Termination Date"), unless terminated earlier as set forth herein, or extended pursuant to Section 2.2 below. 2.2' Options to Extend, Provided that the CITY is satisfied with PROVIDER'S performance under this AGREEMENT and PROVIDER is in full compliance with the tennis and conditions of this AGREEMENT, the City shall have, in its sole and complete discretion, one (1) option to extend the terms of this AGREEMENT for a two (2) year period, following the Termination Date on the same terms and conditions set forth in this AGREEMENT, which may be exercised by the CONTRACT OFFICER and executed by the CITY MANAGER and the PROVIDER prior to the expiration of the AGREEMENT, The total contract term may not exceed five (5) years. 2.3 Contract Price. PROVIDER agrees riot to raise prices for the f r st two (2) years of the original term. Thereafter, the PROVIDER may request in writing no later than June 1, a unit price increase not to exceed the current San Diego Area Consumers Price Index or 2.5% whichever is greater. All price increases shall take effect Iuly 1 of each year. Urban Forestry Maintenance Services ] RFP No. 2012-01 October 4, 2012 32 of 288 ORIGINAL CONTRACT CITY OF ENCINITAS AGREEMENT TO PROVIDE SERVICES 3.0 PROVIDER'S OBLIGATIONS (ATTACHMENT Al 3.1 PROVIDER shall provide the CITY with services described in ATTACHMENT A, which is attached hereto, and incorporated herein as though fully set forth at length, collectively hereinafter referred to as "SCOPE OF WORK." 3.2 PROVER shall perfoinn all work required to accomplish the "SCOPE OF WORK" in conformity with the applicable requirements of law: Federal, State and Local. 3,3 PROVIDER is hired to render the "SCOPE OF WORK" and any payments made to PROVIDER are compensation fully for such services. 3.4 PROVIDER shall maintain professional certifications as required in order to properly comply with all City, State, and Federal law, 4.0 PAYMENT FOR SERVICES (ATTACHMENT B1 Payment to PROVIDER to render the SCOPE OF WORK hereunder shall be as set forth in ATTACHMENT B, which is attached hereto and incorporated herein as though fully set forth at length. 5.0 LISTING OF SUBCONTRACTORS (ATTACHMENT C) 5.1 If PROVIDER subcontracts for any of the work to be performed under this AGREEMENT, PROVIDER shall be as fully responsible to the CITY for the acts and omissions. This includes, but is not limited to PROVIDER'S subcontractors and persons either directly or indirectly employed by the subcontractors, as PROVIDER is for the acts and omissions of persons directly employed by PROVIDER. Nothing contained in the AGREEMENT shall create any contractual relationship between any subcontractor of PROVIDER and the CITY. PROVIDER shall bind every subcontractor to the terms of the AGREEMENT applicable to PROVIDER'S work unless specifically noted to the contrary in the subcontract in question and approved in writing by the CITY. 5.2 The name and location of the place of business of each subcontractor who will perform work or labor or render service to the PROVIDER in performing this AGREENENT are contained in Attachment "C" which is attached hereto and incorporated herein as though fully set forth at length. 6.0 EXTRA WORK PROVIDER shall not perform work in excess of the "SCOPE OF WORK" without the prior, written approval of the CITY. All requests for extra work shall be in writing and submitted to the CITY for approval prior to the commencement of such work. Urban Forestry Maintenance Services 2 October 4, 2012 RF? No. 2012.01 33 of 288 CITY OF ENCINITAS AGREEMENT TO PROVIDE SERVICES 7.0 VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee of the CITY, either before, during or after the execution of this AGREEMENT, shall effect or modify any of the terms or obligations herein contained nor ;hall such verbal agreement or conversation entitle PROVIDER to any additional payment whatsoever. 8.0 TERMINATION OF AGREEMENT 8,1 In the event of PROVIDER'S failure to prosecute, deliver, or perform the "SCOPE OF WORK," the CITY may terminate this AGREEMENT by notifying PROVIDER by certified mail of said termination, 'Thereupon, PROVIDER shall cease work immediately and within five (5) working days: (1) assemble all documents owned by the CITY and in PROVIDER'S possession and deliver said documents to the CITY and (2) place all work in progress in a safe and protected condition, The City Manager of the CITY shall make a determination of the percentage of work, which PROVIDER has performed, which is usable and of worth to the CITY. Based upon that finding, the City shall determine any final payment due to PROVIDER. 8.2 This AGREEMENT may be terminated for convenience by either party in its absolute and sole discretion, without cause, upon the giving of thirty (30) days written notice to the other party. Prior to the 30th day following the giving of the notice, the PROVIDER shall- (1) assemble the completed work product to date, and place it in order for proper filing and closing, and deliver the document to the CITY; and (2) place all work -in -progress in a safe and protected condition. The City Manager shall make the determination of the percentage of work, which PROVIDER has performed, which is usable and of worth to the CITY. Based upon that finding, the City shall determine any final payment due to PROVIDER. 9.0 COVENANTS AGAINST CONTINGENT FEES PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working for PROVIDER, to solicit or secure thin AGREEMENT. PROVIDER has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other considene6on contingent upon, or resulting from, the award or making of this AGREEMENT. For breach or violation of this warranty, the CFFY shall have the right to terminate this AGREEMENT without liability or, at the ENCLOSED discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 10.0 OWNERSII OF DOCUMENTS 10.1 All plans, studies, sketches, drawings, reports and specifications as herein required are the property of the CITY, whether or not the CITY proceeds with the project for which such documents are prepared. 10.2 • If the CITY reuses these documents for any reason other than for the project for which they are prepared, without PROVIDER'S prior written authorization, which shall not be Urban Forestry Maintenance Services 3 RFP No, 2012-01 October 4, 2012 34 of 288 CITY OF ENCINITAS AGREEMENT TO PROVIDE SERVICES unreasonably withheld, the CITY waives any claim against PROVIDER for such unauthorized use. The waiver will indemnify and hold PROVIDER harmless from any claim or liability for injury or loss allegedly arising from the ENCLOSED unauthorized use of such documents. 11.0 STATUS OF PROVIDER PROVIDER shall perform the services provided for herein in a manner of PROVIDER'S own choice, as an independent contractor and in pursuit of PROVIDER'S independent calling, and not as an empinyee of the CITY. PROVIDER shall be under control of the CITY only as to the result to be accomplished and the personnel assigned to the project. However, PROVIDER shall confer with CITY, 12.0 ASSIGNMENT OF CONTRACT PROVIDER is without right to and shall not assign this AGR B BNT or any part thereof or any monies due hereunder without the prior express written consent of the CITY. 13.0 HOLD HARMLESS 13.1 PROVIDER agrees to indemnify and hold the CITY and its elected officials, officers, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs. Including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of PROVIDER or PROVIDER'S agents, employees, subcontractors, officials, officers or representatives. PROVIDER'S obligation herein includes, but is not limited to, alleged defects in the services delivered by PROVIDER. Upon demand, PROVIDER shall, at its own expense, defend CITY and its elected officials, officers, employees and agents, from and against any and all such liabilities; claims, demands, causes of action,ln"'Q, damages and costs. 13.2 PROVIDER'S obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the City's intentional wrongful acts, violations of law, or the City's sole active negligence. 14.0 INSURANCE 14.1 PROVIDER shall obtain, and during the tern of this AGREEMENT shall maintain, policies of liability, automobile liability, public liability, general Liability and property damage insurance from an insurance company authorized to be in business in the State of California. The insurable amount shall not be leas than one million dollars ($1,000,000) for each occurrence. The insurance policies shall provide that the policies shall remain in full force during the life of this AGRI.EM1T and shah not be cancelled, terminated, or allowed to expire without thirty 30) days prior written notice to the CITY from the insurance company. 14.2 The CITY shall be named as an additional insured on these policies. Urban Forestry Maintenance Services s RFP No, 2012-01 October 4, 2Q12 35 of 288 CITY OF ENCINITAS AGREEMENT TO PROVIDE SERVICES 14.3 Before PROVIDER shall employ any person or persons in the performance of the AGIEMENTT, PROVIDER shall procure a policy of Workers' Compensation Insurance as required by the Labor Code of the State of California. 14.4 PROVIDER shall furnish certificates of said insurance to the CITY prior to commencement of work under this AGREEMENT. 15,0 DISPUTES 15.1 If a dispute should arise regarding the performance of this AGREEMENT, the following procedures shall be used to address any question of fact or inteipretatien not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the AGREEMENT, shall be reduced to writing by the complaining party. A copy of such documented dispute shall be forwarded to the other party involved along with recommend methods of resolution. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter. 15,2 If the dispute is not resolved, the aggrieved party sh0l send to the Enclosed City Manager a letter outlining the dispute for Manager's resolution. 15.3 If the dispute remains unresolved and the parties have exhausted th.e procedures of this section, the parties may then seek remedies available to them at law. 16.4 NOTICES 16. I Any notices to be given under this AGREEMENT, or otherwise, shall be served by certified mail. 16.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of CITY and the proper person to receive any notice on the Enclosed behalf is: City of Encinitas Mark Hosford, Suet Division Superintendent 160 Calle Magdalena Encinitas, CA 92024 16,3 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of PROVIDER and the proper person to receive any notice on the PROV 13R S behalf is: 'Rent roast Arbrriat;, Tun. . t,t.tn= Patrick Mahoney 2200 E. Via Burton fit. 4 aheii, CA 92806 Urban Forestry Maintenance Services 5 RFP No. 2012-01 October 4, 2012 36 of 288 CITY OF F�NCiN'ITAS AGREEMENT TO PROVIDE SERVICES 17.0 PROVIDEWS CERTIFICATION QF A,W , l S 41F IMMIGRATION EEQR.M AND COBOL ACt.OF 1986 PROVIDER certifies that PROVIDER is mare of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements. This is including but not limited, to verifying the eligibility for employment of all agents, employees, subcontractor and consultants that are included in this AGREEMENT, PROVIDER: West Coast Arbarist, In PrpftdPnt (Title) APPRO a ''O FORM Ol;. F, .:i. City Attorney Date Urban Forestry Maintenance Services d RF? No. 201241 CITY: City of Encinitas by (Signature) City Mana r (Title) ate October 4, 2012 37 of 288 Scope of Work Attachment A Project Requirements The requirement of this Contract Is to provide professional Urban Forestry Maintenance Services for planting, pruning, trimming, staking, raising, removal, disposal, stump grinding and chipping, inventorying, documenting and all other services required to maintain the City of Encinitas' trees in a safe, attractive and overall healthy condition. The City proposes to enter into a Contract with a qualified Contractor who Is proactive in their work and can meet the requirements set forth In this proposal package. The Contractor will be required to perform and complete the proposed Urban Forestry Maintenance Servlcco in a thorough and professional manner, and to provide all labor, tools, equipment, materials and supplies necessary to complete the work according to generally accepted International Society of Arboriculture (ISA) practices and standards, and in a timely manner that will meat the City's requirements. The successful proposer will be required to comply with all current prevailing wage requirements as set forth in the Labor Code administered by the Department of industrial Relations. There are two main program goats. First, the City requires an update to the current tree Inventory and database, which includes updating and maintaining records throughout the term of the Contract. Second, the City requires an annual tree maintenance program to support and develop its Urban Forest. The following requirements are meant to meet these goals. 1. Tree Inventory A. Upon Contract award, the successful Proposer shall be required to provide a complete' update of the City's tree inventory at no additional cost to the City and submit the completed Inventory to the City within ninety (9D) days of the Contract award. The Contractor shall provide, at no additional cost to the City, software support to the City for the entire term of the Contract. The Contractor shall provide the City with recommendations for tree maintenance, recommended planting locations, and recommended removals. Failure to meat and maintain the requirements for the computerized tree Inventory system shall be grounds for Immediate termination of the Contract. 1) Tree Software Program The Contractor shall operate and maintain, at no additional Lost to the City, an computerized Internet based urban forestry management program that includes, but is not limited to, municipal tree inventory, ability to send online work requests for services, work order tracking, work histories and The ability try update site specific tree data and work records, invoices tracking and job balances, reports, value of the urban forest, GPS accessibility, and various other computer information management system tools. 2) Record Keeping The Contractor will provide, at no additional cost to the City, access to u record keeping system consisting of a password protected Internet -driven tracking program and Internet - based software program that allows the City to maintain information about its tree Urban Forestry Maintenance Services 1 October 4, 2012 RFP No. 2012-01 38 of 288 Scope of Work Attachment A population, including the description of each tree by species, height, diameter, work history, and tree and planting site location. The program shall have the capability to produce detailed listings of trees and eke information, work histories, service requests, summary reports and pictures of City tree species_ 3) GPS Since the City of Encinitas already has a tree inventory in GIS, the City's GIS Division will provide the current tree inventory feature class (SQL table) to the contractor es a starting point. This includes but is not limited to all publicly owned trees on street rights -of -way, parks and open spaces such as medians, greenscapes, eto. The contractor shall then track the maintenance and characteristic Information of the trees In the GIty of Encinitas' tree Inventory feature class in ArcGIS version 10. Or, the contractor shall Incorporate the City's tree inventory FacilitylD field into their own database, and include x and y (let/long) fields necessary to map the trees in GIS. For on -going data maintenance, when a new tree Is planted, the new tree site will be added as a record to the tree inventory, and will include the latitude/iongltude coordinates (collected by the contractor using a Global Positioning System (GPS) device with minimum sub -meter eocuracy). Lat/long coordinates shall be included at the time a new record Is added, and will not be input at a later date through a bulk update process. Trees that are removed will not be deleted from the tree Inventory, but will be coded as 'vacant. At required intervals, the contractor shall provide an ArcGIS version 10 file or personal geodatabase containing the updated tree feature class, which will be reconciled with the City GIS tree inventory. Or, the contractor may provide an Excel spreadsheet or Access database table containing updated information that can be)oined to the City's GIS tree inventory based on FacllltvI D. if the contractor provides their own updated tree Inventory database to the City, there will be a one-time requirement to provide a data dictionary of fields containing tree maintenance and tree characteristic information that corresponds to similar fields In the City's GIS tree inventory, so that the City is confident that accurate data synchronization/updating can occur. S. Experience The Contractor shall have ate minimum live (5) years experience in collecting tree inventories and developing inventory databases, Including an extensive program that simplifies the management of the City's Urban Forest. The Contractor shall have developed a complete and comprehensive computer software program in at least five (5) California cities. The program should have epeclalized reports designed specifically for City representatives' needs. The program should be developed based on the needs of the City and allow the City to modify and structure the program to address Its specific needs. The user-friendly program should allow customers to generate a variety of reports quickly. Urban Forestry Maintenance Services 2 RFP No. 2012-01 October 4, 2012 39 of 288 Scope of Work Attachment A C. Training and Support The Contractor shall provide, at no additional cost In the City, training and support on the software system they provide for the entire term of the contract. Contractor shall provide baining to designated City staff during the hours of 7:00 A.M. to 4:30 P.M. Monday through Thursday. The Contractor shall be readily available by telephone or e-mail and shall respond to the City's Inquiries In a timely manner. 2. Annual Maintenance Program A. Public Relations The Contractor shall endeavor to maintain good public relations at all times with the public. All work shall be conducted In a manner which wail cause the least possible interference with or annoyance to, the public. B. Work Schedule Upon Contract award, the successfuE proposer shall be required to submit a work schedule based on the City's annual pruning requirements which is a systematic tree pruning program composed of existing gild or per -designed districts that are pruned in their entirety on a set schedule; removal & replacement programs which consist of removing frees designated by the City and replanting appropriate trees as replacements; and planting new appropriate trees is areas where trees do not currently exists. The proposal shall include a recommended annual work plan, daily work schedules, and personnel and vehicles that would be required to complete the annual maintenance program. Depending on the CIty's current and future program needs the scheduled work may require multiple crews to perform concurrently within the same time constraints. The Contractor is also required to provide service for trees prior to their regular and scheduled trim cycle in order to correct an immediate problem or concern 4.10 determined by the City's Designated Representative. Such request(e) shall . be addressed and work completed within two (2) weeks of notice by the City. C. Work Hours and City Notification The Contractor's working hours, for normal work, shall be iimited to the hours between 7:00 AM and 4:30 PM Monday through Friday, excluding recognized holidays. Deviation from normal working hours will not be allowed without prior authorization from the City's designated representative. The Contractor shall notify the City's Designated Representative no later than 8:00a,m. each morning thoy am working in the City, The notification shall include what work is being done and where, the name of the onsite supervisor and his or her direct phone number. D. Emergency Response The Contractor shall be responsible for responding to tree related emergency situations during normal business hours, after-hours, weekends and holidays. The Contractor shall have the capacity to deal with any tree related emergency situation ranging from limbs down Urban Forestry Maintenance Services 3 October 4, 2012 RFP No, 2012-01 40 of 288 Scope of Work Attachment A on single trees to storm related damage that Involves a large number of trees requiring the commitment and focus of significant resources and staffing levee for several days. Response time and protocol during emergencies is critical to the Clty of Encinitas. As part of this Contract, the Contractor shall be required to make the City of Encinitas their priority client for responses during emergencies that cover the San Diego area. 1) Telephone responses by the Contractor to tree related emergency calls during normal business hours and after-hours shall be made within (15) fifteen minutes of the Initial call. 2) The response time for a crew to arrive on -site for free related emergencies during normal business hours of operation is thirty (30) minutes. 3) The response time for a crew to arrive on -site for tree related emergenoles outside of normal business hours of operation is ninety (90) minutes. Failure to meet these requirements may be cause for termination of the Contract. E. Competent Supervisor and Project Manager The Contractor shall have competent working supervisors et each jobsite at all times when work Is being performed. Each supervisor must be capable of communicating effectively both in written and oral English, and holding the necessary certlflcatlons or credentials as described for that position. All supervisors must possess adequate technical background to ensure that all work is accomplished per provisions of this Contract. Contractor Is required to have a competent Project Manager available by telephone on a twenty-four (24) hour basis that is assigned to provide direct and prompt attention to requests from the City for emergency and after-hours tree service requests. F. Qualified Staff Contractor shall employ sufficient personnel qualified by reason of education, training and experience to discharge the services agreed to be performed by Contractor. Contractor shall provide service of the highest quality at all times, and personnel retained to perform this senrice shall be temperate, competent and otherwise fully qualified to fulfill the Contractor's obllgaiienc under the Core G. Uniforms All employees of Contractor performing services shall appear neat and well-groomed at all times and shall be dressed in clean, unaltered uniforms et no additional cost to the City, with suitable company Identlf#catlon. No portion of the uniform may be removed whlie working. Employees not In uniform shall .be immediately removed from the work area. Tho Contractor shall provide a standard uniform consisting of at least a collared shirt with buttons, complimenting pants, a belt and boots appropriate to the work. All shirts. jackets or safety vests shall be clearly marked with company Identification and the name of the employee wearing the uniform ]n the field, Contractor employees shall wear orange safety vests when Urban Forestry Maintenance Services RFP No. 2012-01 4 October 4, 2012 41 of 288 Scope of Work Attachment A operating machinery and/or while working near moving traffic es required by any applicable laws. H. Knowledge, Skills and Abilities The Contractor's employees shall be subject to the following minimum knowledge, skills, abilities and requirements: 1) The proper license to operate equipment; 2) Ability to operate and maintain equipment in accordance with the manufacturer's recommendations; 3) Mechanical ability to make required operator adjustments to the equipment being used; 4) Knowledgeable of safety regulations as they relate to tree care end traffic control; 5) First Aid Certification from a nationally recognized organization (minimum of one member of each crew); 6) Ability to communicate orally and In writing in English; and, 7) Demonstrated knowledge of tree care and related operations. I. ISA Standards The Contractor shall deliver a level of quality that is compatible with International Society of Arboriculture (ISA) standards, and standards and requirements described herein In providing tree services compatible with standard practice that results in a neat, clean and attractive appearance to trees and associated sites serviced under the terms of the Contract. J. Clean Worksite Upon completion of work on individual street segments that are under the Contract, Contractor shall clean the work site and all grounds adjacent to the work area of all rubbish, excess materials and equipment. All sections of the work area shall be left in a neat and presentable condition. Care should be taken to prevent spillage on streets over which work or hauling is done, • and any such spillage or debris deposited on street due to Centracttrr operation shall be cleaned up immediately. K. Equipment 1) Overnight parking of equipment, leaving unattended debris and staging of materials an City streets will not be permitted. Waste bins shall be removed from individual street segments once the work has been completed. 2) Ail equipment used and all maintenance practloes employed shall be subject to the Inspection of the City's designated representative and shall meat safety and functional requirements described herein, All vehicles and equipment operating under This Contract shall be properly marked with company Identification. All equipment Trust be maintained in a good state of repair_ All safety guards shall be in place. No equipment shall leak oil or fluids. Equipment drive belts and hoses shall be covered and In good repair and show no sign of fraying. No equipment shall present any potential danger to the operator, co - Urban Forestry Maintenance Services 5 RFP No. 2012-01 October4, 2012 42 of 288 Scope of Work Attachment A workers, passing motorists or pedestrians. Failure to comply with this provision will be cause to have the equipment removed from the job site. 3) it is the C_ontrar.#nr's responslbliity to maintain a sufficient inventory of equipment so as to complete work as specified. An inventory of equipment shall be provided with proposal. This inventory shall include the brand name, model number, weight and capacities of all equipment to be used in the perfommanee of the Contract. All equipment Is to be approved by the City prior to the start of the Contract, it Is the Contractor's responsibility to notify the City's designated representative of any change In the equipment Inventory during the performance of the Contract. This notification shall come In the form of an updated equipment inventory Ilet, presented In the form of a memo on dated company letterhead. Failure to comply with this provision will be grounds to remove the Contractor from the job site until such time as equipment Inventory discrepancies are addressed and may be grounds to terminate the Contract. L, Disposal of Refuse and Debris/Landfill Diversion Requirement: All vegetation and debris generated by the Contractor in the performance of the work shall become the property of the Contractor and shall be removed from the work site promptly. The Contractor shall dispose of all generated debris at no additional cost to City and shall, at minimum, dispose of the material as Is consistent with the requirements of AB 939. The Contractor is encouraged to divert as much material as possible from the landfill, meeting or exceeding the City's goal of seventy-five (75) percent diversion rate. it Is antidpated that one -hundred (100) percent of the material frorn the work could be diverted, unless a particular tree is diseased or not suitable for reuse. M. Protecting the Urban Forest If, at any time, the Contractor Is unclear, on what course of action to follow in the field, the Contractor shall consult with the City's designated representative. The Contractor should never proceed with an action that will result in the permanent disfigurement of the structure or value of a tree. Contractors responsible for the disfigurement of trees small be penalized in an amount equal to the appal -sad value of the subject tree as determined by an independent Consulting Arborist. N. Safety Requirements The Contractor shall conduct all work outlined In the Contract in such a mariner as to meet all accepted standards for safe practices during the operation end to safely maintain stored equipment, machines and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements Including, but limited to, full compliance with the terms of the applicable OSHA, CAL EPA Safety Orders and ANSI Z133.1 Safety Requirements for A?ooricultural Operations at all times so as to protect all person, Including Contractor employees, agents of the City, vendors, members of the public or others from foreseeable Injury or damage to their property. Urban Forestry Maintenance Services 6 October 4, 2012 RFP No. 2012-01 43 of 288 Scope of Work Attachment A O. Traffic Control The Contractor shall be responsible for traffic control and safety regulations as related to any City. State or County requirements while working in the public right-of-way or on any City project. The design and operation of work zone traffic controls must comply with US Department of Transportation/Federal highway Administrative guidelines and any City, County or State supplements guidelines and/or regulations and laws. All operations will be conducted by the Contractor to provide maximum safety for the public according to the most recent edition n of the MUCTD (Manual on Uniform Traffic Control Devices) and any Ca[ifomia supplements to the MUCTD and any local regulations. Where work Is In progress, each street shall be open to local traffic at all limes unless prior arrangements have been made and approved by the City's designated representative. The Contractor shall display standardized warning slgnage when controlling traffic around any area used for staging or working in any area that is subject to pedestrian or vehicular traffic. At no time shall traffic be permitted to enter, or operations allowed to continue, In any work zone that presents a dangerous conditions to pedestrian and/or vehicular traffic. The Contractor may be required to submit a traffic control plan to the Engineering Department as directed by the City's designated representative. P. Utility Coordination The Contractor shall recognize the rights of utility companies within the public right -of- way or on any City project and their need to maintain and repair their facilities. The Contractor shall exercise due and proper care to prevent damage to utility facilities and to adjust schedules when utility operations prevent the Contractor from maintenance during a specified time frame. No additional compensation .11 be allowed for compl g with these requirements. Contractor shall notify the City's designated representative of any utility that Is disturbed or damaged and shell contact the appropriate utility to arrange for repair. O. Authority and Inspections 1) The City's designated representatives shall, at a times, have access to the work and shall be furnished with every reasonable facility for acquiring full knowledge with respect to the progress, workmanship and characters of materials and equipment used and employed In the work. Whenever the Contractor varies the period during which work is carried out, they shall give due notice to the City's designated representative ,so that property access for inspection may be provided. Any inspection of work shall not relive the Contractor of any obligations to fulfill the Contract as prescribed. Any and all questions regarding the performance of the work shall be directed to the City's designated representative. Urban. Forestry Maintenance Services 7 RFP No. 2012-01 October 4, 2012 44 of 288 Scope of Work Attachment A 2) If It appears that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications, the Contractor shall apply to the City's designated representative for such further explanation es may be necessary and shall conform to such/explanation or Interpretation as part of the Contract so far es may be consistent with the intent of the original requirements. 3) All work shall be completed to the satisfaction of and under the supervision of the City's designated representative. Failure to comply with any requirement contained herein may result in suspension of work without time extension or termination of Contract. Inspection of work will be done by the City's designated representative, during the performance of work or when deemed necessary. ssary. 4) 11 any portion of the work done under the Contract proves defective or not in accordance with the requirements, and if the Imperfection in the same 1s not of sufficient magnitude or Importance to make the work dangerous or undesirable, the City's designated representative shall have the right end authority to retain the work, but he/she may make such deductions In the payment due the Contractor as may be Just and reasonable. Any work which Is defective or deficient In any of the requirements or specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner and within a reasonable amount of time as determined by the City, at the Contractor's own expense. In any other case, a letter will be sent to Contractor noting deficiencies, and the Contractor shall make a reasonable and good faith effort to correct the deficiencies within a reasonable period of time not to exceed three (3) days from notification, After this time period, if unacceptable conditions still exist, the City has the right to terminate the Contract or deduct payment es is proportionately appropriate for non-compliance with the requirements and specifications of the Contract. R. Quantities/ Tv1lnor Modifications and/or Additional Work The City reserves the right to Increase or decrease the quantity of any itern(s) or portion() of the work described In the requirements or specifications or the proposal form or to omit portions of the work so described as may be deemed necessary or expedient by the City's designated representative and the Contractor shall agree not to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any kind of work to be done. The City shall reduce the price accordingly. Alterations, modifications or devlatcr,a from the work described in this document shall be subject to prior written approval of the City. Any price adjustments shall be made by mutual consent of the City and Contractor. Should a change or extra work be found necessary by the City, all changes and extra work shall be performed at the same unit price of any proposal item listed. If the work is not listed Urban Forestry Maintenance Services 8 October 4, 2012 RFP No. 2012-01 45 of 288 Scope of Work Attachment A as a proposal item, the Contractor shalt submit a fair cost for the work to be performed. A change order authorization, In writing, wilt be Issued by the Clty. S. Invoicing Contractor shall be required to submit Invoices on a monthly basis. Invoice format shall Include but not be limited to the date the work took place, a list of each street that work took place, the address of each individual work site and the activity, the species and its currant condition, height, trunk diameter and canopy spread of each individual tree. Each invoice shall Include an exact copy in electronic format that is compatible with the City's Tree Inventory program. Failure to submit invoices in this format may result in non-payment until these requirements are met T. Withholding Payment The Clty may withhold payment to such extent as may be necessary to protect the City from loss due to one or more of the following reasons: 1) Defective, unsatisfactory or inadequate work not corrected; 2) Claims filed, or reasonable evidence Indicating probable filing of claims; 3) Failure of the Contractor to make proper payments to subcontractors or for materials or labor; 4) A reasonable doubt that the contract can be completed for the balance unpaid; and, 5) Damage that resulted from an Incident involving property damage. U. Stop Work 1) if the Contractor, after having officially commenced work on said Contract, should discontinue work for any cause, he/she shall notify the City's Designated Representative of the intent to do so, and she!! further notify of the date for restarting operations. 2) The City, at the discretion of the City's Designated Representative, may require the Contractor to Stop Work if any condition presents en unreasonable liability to the City, until such time as the condition is corrected to the setsfaction of the City. V. Risk Management Tree work is a controlled task. At no time should work be performed so as to result in s Toss of control incident (e.g. free -falling large limbs or trunk sections, hinge cutting to avoid use of ropes/hoisting equipment, lack of safety apparatus/equipment guards, improper use/loading of equipment). Failure to maintain oontrol at all tines Is dangerous end can result in serious inju►y. A loss control incident will not be tolerated and may result In termination of this Contract. The Contractor shall be responsible for mitigating any damage related to a loss of control Incident, W. Investigation Urban Forestry Maintenance Services 9 RFP No, 2012-01 October 4, 2012 46 of 288 Scope of Work Attachment A Project Special Requirements These project special requirements are Intended to further address the Urban Forestry Maintenance Services program requirements and to the help the Contractor fully understand what Is needed to fulflll the Contract. Within this section are the descriptions and specifications for the detailed services and materials which will be necessary to provide services under the Contract and shall be included in the base price of the proposal and shall not result in additional charges to the City. 1. Clarification of Specifications If any Proposer, prior to submitting their proposal should find any discrepancies and/or omissions from the requirements and specifications or other contract documents, or if they should be in doubt as to the true meaning of any part thereof, they shalt at once make a written request to the City of Encinitas' designated representative for corrections, clarification, or interpretation. The person submitting such request shall be responsible for its prompt delivery. In the event that the Clty of Encinitas' designated representative receives a request and It should be found that certain essential Information is not clearly and fully set forth, or if the City discovers errors, omissions, or points requiring clarification in these documents, a written addendum will be mailed to each person to whom a set of RFP documents has been delivered. The City will not be responsible for any Instructions, explanations, or Interpretations of the documents presented to Proposers in any manner other than written addendum. 2. Work Quality & General Standards Al] work as part of this contract shall comply with good arboreal practice for the particular species of trees being worked on and shall be consistent with national standards, All trees being trimmed will meet Pruning Standards as adopted by to International Society of Arboriculture, and/or "Pruning Landscape Trees" by U.C. Agricultural Extension Service #AXT 288. The Contraotor shad also meet the requirements of the most current American National Standard institute, Inc„ "Safety Requirements for Tree Pruning, Trimming, Repair or Removal."' The City's Designated Representative shall determine If the Contractor has met all trimming requirements and payment shall not be made for trimming that is not in accordance with the above standards. The Contractor shall be deemed In contract default, if they consistently fall to comply with the contract standards. The Clty of Encinitas has developed an Urban Forest Management Program Administrative Manual, hereinafter referred to as The Manual. This Manual is availabie on the Citys website and will be used, where applicable, to ensure the Contactor meets the City's requirements for Urban Forest Maintenance. Should a discrepancy between this contract, the national standards for tree work or The Manua! exist, the Contractor and the City's Designated Representative will meet and resolve the discrepancy to the satisfaction of the City, Urban Forestry Maintenance Services 11 RFP No, 2012-01 October 4, 20 12 47 of 288 Scope of Work Attachment A No worker shall enter a fenced or otherwise secured area of private property without the consent of the property owner. 3. Public Noticing At least seventy-two hours (72) prior to the commencement of any non -emergency work at any tree site, the Contractor shall notify the occupant(s) of that property of the type of work that shall be performed and the anticipated duration of the work. In additlon, the Contractor shall supply and post standard signage at the site work at which work Is to be performed: at least forty-eight (48) hours in advance of work with the signage clearly elating what type of work is to be done and what affect the work will have on parking availability at that particular site. The Contractor may not use any material to affix signs to trees that may cause death or permanent damage to the tree(s). 4. Tool Sanitation On ail trees, including palms, known or suspected to be diseased, pruning tools and out surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. Old solutions shall be disposed of through proper disposal methods. Dumping used or old bleach solutions on the ground or down the storm drain and will result In severe penalties to the Contractor and may result In the termination of this Contract 6. Wildlife protection Prior to the commencement of any work In the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of bird nests or wildlife of any type. it a nest is found and is determined to be active, there shall be no work of any type In the tree in which the nest Is found without the written permission of the City's Designated Representative. At no time shall any nest or wildlife be removed from its location. In the event that wildlife is accidentally displaced and needs assistance, the Contractor shall notify Animal Control and/or the nearest appropriate animal rescue facility, as Identified In the Contractor's submittal required herein regarding "Protection of Wildlife", shall be contacted for assistance. 6. Pre -inspection Prior to the commencement of any work In the vicinity of any tree, the Contractor shah identify the location of utilities, Irrigation components and/or any private property element(s) that could be compromised by any work activity. if Identified, the Contractor shall take appropriate action to protect same. lf, during the course of pre -inspection, the Contractor identifies damage that exists before the onset of work, the Contractor shall document the damages with photos and report such damage to the CItys Designated Representative prior to commencing work In that area. All photo documentation shall have the time and date embedded. Any claim of damage that cannot be refuted by photo -documentation and/or a written report to the City's Designated Representative shall be considered the responsibility of the Contractor. 7. Setup, Operations, Equipment Staging Urban Forestry Maintenance Services RFP NA. 2012-0] 12 October 4, 2012 48 of 288 Scope of Work Attachment A The Contractor shall setup, operate and stage In a manner that presents the least amount of disruption to residents, businesses, the public end traffic flow. Outside of an emergency situation, at no time will multiple setups or equipment staging be allowed on both sides of a street within the same block. Equipment shall never be stored or leis unattended on a public street, City facility or private property without prior authorization from the City's Designated Representative or in the case of private property, owner of that property. The staging of equipment shall not be exempt from the work hour restrictions defined herein. S. Ideniitiinstlnn and reporting of hazards While performing work of any type, the tree worker should Inspect for any obvious hazards related to trees. All hazardous situations should be corrected or promptly reported to the City. Any defective or weakened trees shall be reported to the City's Designated Representative. 9. Cleanup of greenwaste & debris: Limbs, logs or any other debris resulting from any tree operations shall be promptly and properly removed. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of brush, Ilmbs, Togs or other debris be allowed to pose a hazard to the public. During production trtmmling and removals; debris shall be removed from public rights away and private property within one (1) hour of the completion of work on the tree from which the debris was generated. All trimming activities shall cease immediately if clean up equipment ceases to function or is not available (e.g. loader, roll off equipment, staff), Street rights -of -way shall not be used to stage unattended debris generated during standard work hours. All debris from tree operations shall be cleaned up each day before the work crew leaves the site. Ali lawn areas shall be raked, all streets/sidewalks shall be swept, and all brush, branches, er other debris shall be removed from the site. Areas are to be left In a condition equal to or better than that which existed prior to the commencement of tree operations. No material is to be allowed to enter any storm :rain. Ail brush generated from tree trimming operations shall be recycled where practical. A. Greenwaste Report: Greenwaste that Is transported to an offsite facility for grinding into mulch sha!l be documented and submitted to the Citys Designated Representative on a monthly basis. Weight slips shall be required as proof of disposal and shall be included in the monthly Greenwaste Report. B. Wood Chips andior Mulch: 1) Chips or mulch generated from trimming operations within the City may be dumped and spread at a City designated site upon specific permisslon from the City's Designated Representative. C. Milling: Urban Forestry Maintenance Services 13 RFP No. 2012-01 October 4, 2012 49 of 288 Scope of Work Attachment A At the direction of the Cltyrs Designated Representative, large tree trunks, which meet proper specifications, will be required to be mined Into lumber suitable for use in a variety of applications. Milled lumber shall be returned to the City at a cost to be included in the bid proposal. 2) At the direction of the City's Designated Representative, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. These chips shalt be dumped and spread In specified locations in the City. 10. Education and Outreach Education Is an Integral and primary element of the City's Urban Forest Management Program. The Contractor Is required to provide support to the City's education and outreach efforts at no additional cost to the City. The Contractor Is required to participate in the City's Arbor Day Event, which is typically held In April or May each year, and will be required to provide additional education and outreach support to the City when requested. 11. Tree City USA: The City of Encinitas is a designated as a 'Tree City USA," as determined by the Arbor Day Foundation. The Contractor will endeavor to provide support to the City to ensure the City maintains this designation. 12. Cooperative Bidding: Other Public agencies may be extended the opportunity to purchase off this proposal and subsequent agreement If the successful vendors) and the City of Encinitas agree. The lack of exception to this clause in vendor's response will be considered agreement. However, the City of Pncinites is not an agent of, partner to or representative of these outside agencies and is not obligate or liable for any action or debts that may arise out of such independently negotiated piggy -back" procurements. Urban Forestry Maintenance Services 14 RFP No, 2012-0 October 4, 2012 50 of 288 Payment for Services The PROVIDER agrees to furnish all materials, supplies, equipment an herein, subject to all conditions outlined In the Request For Proposal (RFP), below. All applicable services inctude cleanup and disposal. Tree Planting -- (per tree) Tree planting includes tree, materials and planting costs. 15 Galion (double staked per specs) 24 inch Box (double staked persp c ) 36 inch Box (double staked per specs) 48 Inch Box 80 inch Box Tree Wetering fcer hourl Watering of young trees, water truck/operator-per hour Tree Pruning (bv Grid Price per tree to Prune by Grid Tree Prunlnsr (oerService Reauestsl Full prune tree 0" - 6" Diameter Standard Height 7° - 12" Diameter Standard Height 13° - 18' Diameter Standard Height 19" - 24" Diameter Standard Height 25' - 30' Diameter Standard Height 31 ° - 36' Diameter Standard Height 36°# Diameter Standard Height Crown Raise/Clearance Prune Hardwood tree 0' - 6" Diameter Standard Height 7° - 125 Diameter Standard Height 135 - 1 6" Diameter Standard Height 19' - 24" Diameter Standard Height 255- 30" Dlameter Standard Haight 31" - 36' Diameter Standard Height 36'+ Diameter Standard Height Palm Tree Trimming: Prune Date Palm (Phoenix spp.) Clean Trunk for Date Palm (Phoenix spp.) Prune Fan Palm (Washingtonla spp.) Clean Trunk for Fan Palm (Washingtonla spp.) Prune all other Pam Species Urban Forestry Maintenance Services RFP No. 2012-01 Attachment B d/or services set forth at prices indicated Uric Price in Figures $ 120.00 $ 200.00 $ 500.00 $ 1,000.00 $ 2,000.00 $ 60.00 $ 44.00 $ 30.00 $ 60.00 $ 85.00 $115.00 $ 185.00 $ 250.00 $ 9Fn_nn $ 20.00 $ 20,00 $ 50.00 $ 50.00 $ 60.00 $ 60.00 $80.00 $ 120.00 $ 30.00/Lineal Foot $ 44.00 $ 10.00 / Lineal Foot $ 44.00 October 4,2012 51 of 288 Payment for Services Attachment B Tree Removal -- fper inch) Tree and Stump rerrioval per inch trunk Diameter at Standard Height (DSH) 0' - 6" DSH r- 12' DSH 13"- 18' DSH 19' - 24" DSH 25" - 30" DSH 31" - 36" DSH Over 38' DSH Stump grinding per stump diameter inch at grade U nit f!tce in Elgurek 17.00 $ 17.00 $ 17.00 $ 17.00 $ 17.00 $ 27.00 $ 27.00 $ 7.00 Mliljng Cost - (perpgerq foot) Milling Lumber per Board Foot $ 7.00 Root Pruning - (per linear foot) Per foot of roots pruned $ 10.00 )=toot Barrier Installation - (Der linear foot) Per foot of root barrier installed $ 10.00 General Labor Rates -- tbv hour) Hourly rate for 1 Ground -person Hourly rate for 1 Equipment Operator Hourly rate for i Trimmer Day Rate Service Crew - (per ctev) Boom track per eight (8) hour day to include a chip body, low decibel chipper, 1 trimmer, 2 ground persons $ 60.00 $ 60,00 $ 60.00 $1,440.00 Specialty E t/trent Day Rate -- (per dev) Per eight (8) hour day $ 800.00 Emergencv Sar I s - (Der hour) Fully equipped 3 person crew called In for emergency service: During normal bueinese hours After hours, weekends &!or holidays Arborist Reports - (per hour) Cost per hour $180.00 $ 210.00 ir11t P,n l=i uag $ 100.00 GPS Tee Inventory - {Der tree site) Cost per tree site $ 2.00 Urban Forestry Maiurenance Services 2 RFP No. 2012-01 October 4, 2012 52 of 288 Listing of Subcontractors Attachment C Name limbless Address There are no subcontractors planned at this time. Urban Forestry Maintenance Services RFP No, 2012-01 October4, 2012 53 of 288 EXTENSION TO THE CONTRACT BETWEEN THE CITY OF ENCINITAS AND WEST COAST ARBORIST, INC. This extension is made effective on the date executed by the City Manager for the City of Encinitas and West Coast Arborist, Inc. RECITALS A. The City of Encinitas and West Coast Arborist, Inc.; entered into a Contract for a terra that began on October 16, 2012 and that ended on October 16, 2015. B. Under the terms of the Contract, the City may extend the agreement one (1) additional time for two (2) years, C. Under the terms of the Contract, the Contractor may request a unit price increase not to exceed the current San Diego Area Consumer Price Index or 2.5% whichever is greater (attached). D. The parties wish to extend the term of the Contract to October 16, 2017. NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon, the parties agree to amend the Contract as follows: A. The Contract between the City of Encinitas and West Coast Arborist, Inc.; is extended for a period of two (2) years and will now expire on October 16, 2017. B. For the period of October 16, 2015, through October 16, 2017 the attached Price Schedule contains updated unit costs that shall replace the costs shown in the Bid Schedule attached to the original Contract. Except as otherwise provided above, all the provisions of the Contract between the City of Encinitas and West Coast Arborist, Inc.; effective October 16, 2015, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the Contract to be executed as follows: 1) BY City Manager BY: Dated `'`' City of Encinitas Name: .P ritit+i, PoinA1,11ofJEY Title: s] a£T West Coast Arborist, Inc. West Coast Arborist, Inc, RFP No. 2012-01 Dated: 0r Approve ¢fa to farm: Office of the City Attome BY: Dated: If. _ 1 r July 14, 2015 54 of 288 CONTRACT EXTENSION A Tree Car Prafessi rnals Servrag. Comma+airles Inv Care fT 4ni Tres ww.w`WCAJNC.com May 30, 2015 City of Encinitas ATTN: Mark Hosford, Deputy Director of Public Works 160 Calle Magdalena Encinitas, CA 92024 RE: Tree Maintenance Agreement Dear Mr. Hosford, co With this contract year coming to a close, West Coast Arborists, inc. would like to take a moment to thank you and the City for another successful year. Together we have worked diligently to ensure that our mutual goal of Improving the City's urban Forest is being achieved each day. At this time, we would like to express our interest in continuing with the agreement for an additional year with an increase in cost. Over the course of the year, the cost of operating has continued to increase particularly in Tabor, insurance, and fuel. For this reason, we are respectfully requesting a cost adjustment of 1.30%6 based on the Consumer Price index (CPI) for the San Diego region. Attached for your review Is our proposed Schedule of Compensation for 2015-2016. Your consideration In this matter will be sincerely appreciated. Should you have any questions or require additional information, please do not hesitate to call me at (800) 521-3714. Sincerely, Victor M. Gonzalez Vice President, Marketing West 'Cost ,Arboirists., Inc. G �' :c' LT. 52J_47j.._.14.cf5_3721:3_- 55 of 288 City of Encinitas ea West Coast Arborlsts, Inc. Price Schedule for Tree Maintenance Services 2015.2016 tine !tern Grid Gee Pruning Full prune 0.6 Full rime 741' Full prune 13-18" Full prune 19-24' NI prune 25-30" Ful prime 31-36" Fag prune over 35 Each Currentt?rlces al Proposed Prkes I ;t Each : $ 60.00 �.,4 Eech ? 5 B5.00 4 ` 5 Each 115.00 r : $ rash $ 185.00 p $ P';r Each ri.$ 250.00 , 44 $ Each "3 $ 250.00 iA Crown ralse/Clearante prune 0 6' Each ; $ el 20.00 . a, 5 10.25 Crown ralseIClearamteprune 7.12' Each en, $ 20.00 ",'r $ 20.25 Crown raise/Clearance prune 13-11" Each i $ 50.00 5 50.55 Crown raise/Clearance prune15.24" Each {5 50.00 ' 5 50.65 Crown raiseXlearance prune 25.30' Each $ 50.00 $ 30.55 Crown raise/Clearance prutt 31.36' Each S 6000 •' 5 81.00 Crown raise/Clearance prune over 36" Each $ 80,04 $ 81,00 4455 Palm Trimming Prune Rate Palm (Phoenix sop,! Each i 5 120A0 $ 12155 Ciean Truing for Pate Palm (Phoenix spp.) Lineal root 4 $ 30.00 : $ 30.40 Prune Fan Palm (Washingtonla spp,) Each ` $ 44.00 ,; $ 41.60 Clean trvnk for Fan Palm (Washingtonla sop) Lineal Foot S 10.00 • 5 10.20 Prune all herPalm specles Each $ 4400 S 4455 Root Pruning and intaitatlonall 12'mot barrier Linear Foot h $ 30.00 $ 10;10 Root Pruning and Installation our root barrier Linear Foot 4 $ 1000 . 5 10,10 30A0 00.73 86.10 116.50 187.40 253.25 253.25 Crew Rental - Goundisamon Hourly 5 60.00 .. I $ 60.75 Crew Rental - Equipment Operator Hourly ; . 5 6000 5 60.75 Crew Renta'- Trimmer Hourly S .lkt ti C so75 Ray Rate Service Crew:8 hrdey, 3 men & Equip Day $ 1,44040 _ ; 5 1,458.75 Tree el Stump Removal (Standard removal! Removal0.6' Per Inch :, S 17.00 " $ 17.20 Removal7•12' FerInch . $ 17.00 " 5 17.20 Flemove133-11" tau Inch =,} 5 17.'00 •,1 $ 17.2D %I:n 119-24" °or Itch f'i. : 17,E ii $ 17.20 Rentnva125.30' per inch f 5 17.00 =!� $ 17.20 Removal31-36" Per inch 5 27.00 " i $ 27.35 Removal over 36" Per Inch r. $ 27.00 i S .5 27.35 Stump Only removal Perinch 5 7.00 5 7.10 Wiling Cost Per loam! Feat 5 7.00 tree Planting 15.gatlon Each S 120.00 ; S 121.55 24•Incit Box Each S 200,00 ' , 5 202.30 364nch box Each .4 5 500.00' 5 506.50 48•Inchbox Each 5 1,000.00 s-' 5 2,011E10 6t1-knclr bog Each , $ 1.000.00 II 5 1,01340 Tree Watering Per 'Gaut $ shoo _.1 $ C0,75 r Specialty Equipment Ray Rate Per day $ Ro0.00 *`5 810.40 Emergency Crew {owing business hours! Per Hour ; t two$ 10 it 6 282.35 Emergency Crew [Alter hours, weekends, holidays) Per Hour $ 210A0 . `; S 212.75 Certified ArbarIstReports PerHaur { $ 10000 ,l 5 10130 UPS Tree Inventory Per free site 5 2.00 •j $ 2.00 .41 56 of 288 AGENDA TEPORT City Council MEETING DATE: June 15, 2016 PREPARED BY: Mark Hosford, Deputy DEPT. Glenn Pruim Director DIRECTORS: Jim O'Grady Michael Stauffer, Acting Park Superintendent DEPARTMENTS: Public Works Parks and Recreation CITY MANAGER: Karen P. Brust SUBJECT: CONTRACT WITH WEST COAST ARBORISTS, INC., NEW PREVAILING WAGE REQUIREMENTS RECOMMENDATION: Authorize the City Manager, in coordination with the City Attorney, to approve a contract amendment accepting a new Price Schedule with West Coast Arborists, Inc. for the remainder of the current term, which expires on October 16, 2017. STRATEGIC PLAN: This item is applicable to the Strategic Plan elements of Transportation and Organizational Effectiveness and Efficiency and their associated goals. FISCAL CONSIDERATIONS: Funding for contractual tree maintenance service is included in the approved FY 2015-16 operating budget and is distributed across multiple accounting divisions. The total fiscal impacts associated with staffs recommendation for FY 2016-17 is $75,056 and has been included in the revised budget as detailed below. DIVISION , ; DESCRIPTION: ACCOUNT APPROVED , FY 201Z- r6 • . BUDGET AMOUNT PROPOSED .FY 2016-17 BUDGET AMOUNT DIFFERENCE Street Maintenance 101 71630 432.2 $183,172 8221,638 838,466 Park Maintenance 101 80810 432.2 $73,800 $89,375 $15,575 Beach Maintenance 101 80820 432.2 $5,330 $9,380 , $4,050 Community Center Maintenance 101 80850 432,2 815,450 $15,836 $386 Villanitas 291 80830 432.2 $5,723 $5,896 $173 Cerro Street 292 80880 432.2 $6,234 $6,421 $187 2016-06-15 57 of 288 CONTRACT AMENDMENT 1 o 32 Dlvl$ifl;N,= ,-- DESCRIPTION-. .; - : , ACCOUNT :. . ": ; 'APP tDIlED `. '1=Y 2015-I6 _- BUDGET ' AMOUNT . . P OpOS>;:D.-: .PY 20161.7" BUDGET, . - . ' . AMOUNT DIFFERENCE: - _ , Wiro Park 296 80880 432.2 $2,500 $2,575 $75 ELLD 295 72740 432.2 $58,170 $70,385 $12,215 ELLD — Zone H 297 72740 432.2 $39,464 S43,204 $3,740 TOTAL $396,179 $471,235 $75,056 BACKGROUND: On September 12, 2012, the City Council awarded a contract to West Coast Arborists, inc. (WCA), for city-wide tree maintenance service (Attachment 1). The scope of work included providing all materials, equipment, tools, labor and incidentals as required by the contract, to perform annual grid trimming; service request trimming; root pruning; tree and stump removal services; emergency tree services; tree planting services and other related tree maintenance services for the Public Works and Parks and Recreation Departments. The contract also requires WCA to pay prevailing wages per the Department of Industrial Relations (DIR) rate schedule, On July 23, 2015, the City Manager approved a one-time option to extend the agreement for a two (2)-year period under the same terms and conditions as set forth in the original contract. That extension expires on October 16, 2017 (Attachment 2). On August 22, 2015, the DIR issued a new prevailing wage determination for the craft "Tree Maintenance Laborer" that significantly impacts the contract with WCA (Attachment 3). ANALYSIS: Since 2012, WCA employees assigned to the City of Encinitas have been compensated in accordance with DIR prevailing wage determination for the craft: 'Landscape Maintenance Laborer," which ranged from $9.00 - $10.00 per hour. The classification was used for all tree maintenance work. For many years, union organizations debated with the D1R and WCA that the tree maintenance work they performed for public agencies consisted of construction work and therefore, employees should be compensated at the prevailing wage rate for "Construction Laborer," which ranged from $40.00 - $50,00 per hour. On June 1, 2015, WCA agreed to enter into a Collective Bargaining Agreement (CBA) with the Laborers Union. Subsequently, on August 22, 2015, a new prevailing wage determination was issued by the DIR. The new rates stem from the CBA, and although not as high as the "Construction Laborer" classification, the wages are higher than the original "Landscape Maintenance Laborer" as accounted for in the current agreement. The classification of "Tree Maintenance Laborer" will now be applied to employees with WCA using the wage rates established by the DIR, which range from $18.00 - $23.00 per hour. As required by the DIR, this increase will take effect on July 1, 2016 (Attachment 3). City staff met with representatives from WCA on March 10, 2016 to discuss how these new rates will affect the current agreement with the City. WCA is requesting the City provide an increase in compensation beginning July 1, 2016 for the remaining term of the contract with the City to meet the new DIR wage requirements (Contract Amendment — Attachment 4). 2016-06-15 58 of 288 2 of 32 Staff discussed the wage rate increases and impacts with several other municipal agencies in San Diego County. Thirteen (13) agencies in the County are all pursuing contractual price increases to meet the new (DIR) wage requirements, Nine (9) agencies have amended, or are amending their current contracts; three (3) have "piggybacked" on existing contracts where the increases are already adopted, and one (1) agency has issued a new request for bids, with the new rate increases included. Potential options to address the DIR's wage rate increases and the City's ability to maintain its urban forest program at an acceptable level include: Option 1: Increase the budget to continue the current level of service; Option 2: Reduce the current level of tree maintenance service and absorb the increases into the current budget; and Option 3: Terminate the current contract and issue a new request for bids, with the new wage rates included. Staff is recommending Option 1, that the budget is increased to continue the current level of tree maintenance service, and that the agreement with WCA be amended to reflect the new wage rates. Funding for this Option has already been identified and included in the FY 2016-17 budget revise. Staff will competitively solicit new bids from prospective tree maintenance service providers prior to the end of the current agreement with WCA so that a new agreement will be in place to continue services once the existing agreement expires. ENVIRONMENTAL CONSIDERATIONS: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" per Section 15378(b)(5) of the CEQA Guidelines. ATTACHMENTS: 1. Original Urban Forestry Maintenance Services Contract - October 16, 2012 2. Contract Extension - July 23, 2015 3. Tree Maintenance (Laborer) Wage Rate Notification from Department of Industrial Relations (DIR) - September 1, 2015 4. Contract Amendment — June 15, 2016 2016-06-15 59 of 288 3of32 ATTACHMENT 4 ADMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ENCINITAS AND WEST COAST ARBORIST, INC. This amendment is made effective on the date executed by the City Manager for the City of Encinitas and West Coast Arborist, Inc. RECITALS This Amendment is made with respect to the following facts and purposes: A. The City of Encinitas and West Coast Arborist, Inc.; entered into a contract for a term that began on October 16, 2012 and that ended on October 16, 2015. B. On July 23, 2015 the City of Encinitas and West Coast Arborist, Inc.; entered into a contract extension, which expires on October 16, 2017. C. On June 15, 2016 the City Council approved a contract amendment due to the State authorized Prevailing Wage increases to certain labor categories which affected the existing Contract with West Coast Arborist, Inc. D. The parties now desire to amend the Contract as set forth in this Amendment to change the price schedule (attached) to address the Prevailing Wage increases. NOW, THEREFORE, in consideration of the mutual benefits to be derived thereupon, the parties agree to amend the Contract as follows: A. The Contract between the City of Encinitas and West Coast Arborist, Inc. is amended to accept the new price schedule beginning on July 1, 2016 for the remainder of the current contract, which expires on October 16, 2017. Except as otherwise provided above, all the provisions of the Contract between the City of Encinitas and West Coast Arborist, Inc.; shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused the Contract to be executed as follows: BY: Dated BY: Dated: Name: City Manager Title: City of Encinitas West Coast Arborist, Inc. Approved as to form: Office of the City Attorney: BY:: Dated: West Coast Arborist, Inc. June 9, 2016 RFP No. 2012-01 2016-06-15 Item 080 31 of 32 60 of 288 City of Encinitas West Coast Arborists, Inc. Price Schedule for Tree Maintenance Services FY2016-17 & 2017-18 Line Item Gild Tree Pruning Full prune 0-6 Full prune 7-12" Full prune 13-18' Full prune 19-24' Full prune 25-30" Full prune 31-36" Fuii prune over 36' Unit Each Each Each Each Each Each Each Each Crown raise/Clearance prune 0-6" Each Crown raise/Clearance prune 7-12" Each Crown raise/Clearance prune 13-18" Each Crown raise/Clearance prune 19.24" Each Crown raise/Clearance prune 25-30" Each Crown raise/Clearance prune 31-36" . Each Crown raise/Clearance prune over 36" Each Palm Trimming Prune Cate Palm {Phoenix spp.) Each Clean Trunk for Date Palm (Phoenix spp.) Linea] Foot Prune Fan Palm (Washingtonla spp.) • Each Clean trunk for Fan Palm [Washingtonla spp) Lineal Foot Prune all other Palm species Each Root Pruning and Installation of 12" root barrler Root Pruning and installation of 18" root barrier Linear Foot Linear Foot Crew Rental - Goundperson Hourly Crew Rental - Equipment Operator Hourly Crew Rental- Trimmer Hourly Day Rate Service Crew: 8 hr day, 3 men & Equip Day Tree & Stump Removal [Standard removal) Removal0.6" Per inch Removal 7-12" Per inch Removal13-18' Per inch Removal 19-24" Per Inch Removal 25-30" Per inch Removal 31-36" Per inch Removal over 36" Per inch Stump Only removal Per inch Milling Cost Per Board Foot Tree Planting 15-gallon Each 24-Inch box Each 36-Inch box Each 46-Inch box Each 6D-inch box Each Tree Watering Per Hour Specialty Equipment Day Rate Per day Emergency Crew [During business hours) Per Hour Emergency Crew [After hours, weekends, holidays) Per Hour Certified Arborlst Reports Per Hour G PS Tree I nventory Per tree site Current Prices I $ 44.55 $ $ $ I $ L .. $ FY16-17 Prices FY17-18 Prices 30.40 P $ 60.75 G $ 66.10i.' 116.50 C $ 187.40 C.. $ 253.25 . $ 253.25.. $ 20.25 l 20.25 50.65 4 [. 50.65 :` - 50.65 f ' 81.00 L. 81.00 ' 121.55 30.40 48.60 i r 10.10 P 44,55 $ 10.10 • 10,10 F'r. [ 60.75 r. $ 60.75 r $ 60.75 1. $ 1,458.75 $ 17.20 [ $ 17.2D $ 17.20 $ 17.20F.', $ 17.20 t" $ 27.35 ': - $ 27.35 i : . 7.10 f' r`- k• $ 121.55 i $ 202.60 r $ 506.50 f- $ 1,013.00 1,013.00 $ 60.75 r $ 810.40 $ 182.35 ;•' $ 212.75 $ 101.30 [ .` $ 2.00 $ 53.45 36.45 72.9D 103.30 139.80 224.85 303.90 303.90 24.30 24.30 60.75 60.75 60.75 97.2D 97.2D 145.65 36.45 58,30 12.10 53,45 56.1 $ 38.25 $ 75.59 $ 108.45 $ 149.75 $ 236.90 $ 319.00 $ 319.00 $ 25.50 $ 25.50 $ 63.75 $ 63.75 $ 63.75 $ 102.00 $ 102.90 $ 153.00 $ 38.25 $ 61.00 $ 12.70 $ 56.00 $ 12.1D $ 12.70 $ 12.10 $ 12.70 $ 72.90 $ 72.90 $ 72.90 $ 1,750.5D $ 20.60 20.60 20.60 20.60 20.60 32.80 32,80 8.5D 76.50 76.50 76.50 1,83 B.00 $ 21.60 $ 21.60 $ 21.60 $ 21.60 $ 21.60 $ 34.40 $ 34.40 $ B.90 $ 145.85 $ 153.10 $ 243.10 $ 255.25 $ 607.80 $ 638.15 $ 1,215.60 $ 1,276.35 $ 1,215.6D $ 1,275.35 $ 72.90 $ 76.50 $ 972.D0 $ 1,020.00 $ 218.70 $ 229.50 $ 255,30 $ 268,05 $ 121.50 $ 127.50 $ 2.00 $ . 2.00 Proposed prices for FY 15.17 reflect a 20% and FY17-18 reflects a 5% increase to offset the State -mandated prevailing wage determination for current Tree Maintenance Laborer 2016-06-15 61 of 288 32 o'i 32 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: TREE MAINTENANCE" (LABORER) DETERMINATION: SC-102-X-20-2016-1 ISSUE DATE: August 22, 2016 EXPIRATION DATE OF DETERMINATION: June 30, 2017** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the Director — Research Unit for specific rates at (415) 703-4774. LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara and Ventura Counties. Employer Payments Straieebt-Time Overtime Hourly Rate CLASSIFICATIONS Basic Health Pension Vacation Training Other Hours Total Daily Sunday/ (Journeyperson) Hourly and and Hourly Holiday Rate Welfare Holiday Rate 1 1/2Xb 2X Senior Tree Trimmer $18.50 2,25 $1.00 $1.67 0.05 8 $23.47 $32.72 $41.97 Tree Trimmer $16.50 2.25 $1.00 $1.47 - 0.05 8 $21.27 $29,52 $37.77 Groundsperson $13.75 2,25 $1,00 $1.32 0.05 8 $18.37 $25,245 $32,12 There shall be at least one Senior Tree Trimmer on crews of three or more. b Monday thru Saturday shall constitute a workweek. Rate applies to first 4 overtime hours Monday thru Saturday, and all time worked in excess of forty (40) hours per workweek. All other time is paid at the Sunday and Holiday double-time rate. 3 This determination does not apply to the work of a landscape laborer employed on landscape construction (work incidental to construction or post - construction maintenance during the plant installation and establishment period) or to tree trimming work involving line clearance. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at http:/!www.dir.ca.gov/OPRL/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director— Research Unit at (415) 703-4774, TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Internet at http://www,dir,ca.gov/OPRLJPWD. Travel and/or Subsistence provisions for current or superseded determinations may be obtained by contacting the Office of the Director - Research Unit at (415) 703-4774. 18-B 62 of 288 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WEST COAST ARBORISTS, INC. THIS AGREEMENT is entered into on this lst day of November, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WEST COAST ARBORISTS, INC., a California corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Urban Forestry Maintenance Services. WHEREAS, the CITY has determined that the CONTRACTOR is a certified forestry professional and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. WHEREAS, this contract is being awarded based on cooperative purchasing, as permitted in National City Municipal Code section 2.60.260. The City of Encinitas has gone through a competitive process for these services and selected this CONTRACTOR, and the CITY is entering into this Agreement with the prices established through that competitive process. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to perform tee pruning and trimming services, and the CONTRACTOR agrees to perform the services set forth in this Agreement in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on November 1, 2016, The duration of this Agreement is for the period of November I, 2016 through .Tune 30, 2017_ Completion dates or time durations for specific portions of the Project, hereafter defined, are set forth in Exhibit "B". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions, Any extension of this Agreement must be approved in writing by the City Council. 63 of 288 3. SCOPE OF SERVICES. The CONTRACTOR will perform tree pruning and trimming services as set forth in the attached Exhibit "A", using a grid system as set forth in the attached Exhibit "B" (the "Project"). The CONTRACTOR 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 CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR 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. 4. PROJECT COORDINATION AND SUPERVISION. Miguel Diaz hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Michael Palat thereby is designated as the Project Director for the CONTRACTOR. 5. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed as described in Exhibit "A". Billings shall include labor classifications, respective rates, hours worked, and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $90,000. 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 CITY. The CONTRACTOR 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 term 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 shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the mariner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance an d or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR 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 mariner of performance and/or the compensation payable to the CONTRACTOR. Standard Agreement Revised July 2016 64 of 288 City of National City and West Coast Arborists, Inc. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. the Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR 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 CONTRACTOR hereby assigns to the CITY, and CONTRACTOR 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 CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR 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 CONTRACTOR shall relieve the CONTRACTOR 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 CONTRACTOR nor the CONTRACTOR'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, uremploy- tnent, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'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 CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. Standard Agreement 3 City of National City and Revised July 2016 65 of 288 West Coast Arborists, Inc. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall 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 CONTRACTOR and each of its SUBCONTRACTOR(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 CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR 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 CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, 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 CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'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 CONTRACTOR warrants to the CITY that it is n.ot now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR 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 CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR 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. Standard Agreement 4 City of National City and Revised July 2016 66 of 288 West Coast Arborists, Inc. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR 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 CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers, 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 anyone whomsoever, Yesulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. Standard Agreement 5 City of National City and Revised Ju'.y 2016 67 of 288 West Coast Arborists, Inc. 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 CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code 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, employees, and volunteers 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 CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. n 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, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall 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 CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR RACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall Standard Agreement 6 City of National City and West Coast Arborists, Enc. Revised July 2016 68 of 288 not 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 CONTRACTOR 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. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'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 CONTRACTOR 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 attorney'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 Standard Agreement 7 City of National City and Revised July 24 16 West Coast Arborists, Inc_ 69 of 288 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 CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the 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 CONTRACTOR 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 CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR 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 CONTRACTOR'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 CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 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); orsent 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 United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company 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: Standard Agreement 8 City ofNationa: City and Revised July 2016 West Coast Arborists, Inc. 70 of 288 To CITY: Miguel Diaz Park Superintendent Engineering and Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONTRACTOR: Michael Palat Area Manager West Coast Arborists, Inc. 8524 Commerce Avenue, Suite B San Diego, CA 92121 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 CONTRACTOR 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 CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR 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 CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR 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. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR 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 CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR 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 CONTRACTOR. Standard Agreement 9 City of National City and Revised July 2016 71 of 288 West Coast Arborists, Inc. 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 as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Contractor is solely responsible to determine 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 or. 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. B. 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. To the extent any exhibits or schedules or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. 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. I. 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. 3. 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. Subcontractors or Subcontractors. The City is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any Standard Agreement Revised July 2016 10 72 of 288 City of National City and West Coast Arborists, Inc. portion of the work, unless such subcontracting was part of the original proposal or is allowed by the City in writing. in the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for the benefit of and in favor of the City, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. 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 has agreed to enter into this Agreement following 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. [Signature Page to Follow] Standard Agreement Revised July 2016 11 73 of 288 City of National City and West Coast Arborists. Inn. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney WEST COAST ARBORISTS, INC. (Corporation — signatures of two corporate officers required) By: (Name) (Print) (Title) By: (Name) (Print) (Title) Standard Agreement Revised July 2016 12 74 of 288 City of National City and West Coast Arborists, Inc. Exhibit A West Coast Arborists, Inc. Scope of Services The Scope of Services for this Agreement is to provide professional Urban Forestry Maintenance Services for tree pruning and trimming, using a grid systern (attached to the Agreement as Exhibit B) priced at $53.45 per tree within the grid, and to maintain the City of National City's trees in a safe, attractive, and overall healthy condition. 75 of 288 w PINT LAN NATIONAL CITY TREE TRIMMING GRID SCHEDULE 76 of 288 STREET TREES TRIMMING SCHEDULE GRID -I GRID-2 GRID-4 GRID-5 GRID-6 GRID-7 GRID-6 GRID-9 FEDAUARY TRW APRIL 2O15 MAY THIHU JUI.Y 2015 AV6UST THRu OcTaeeR 2O15 NOVEVIBER T11PIU . Ak. 2015-16 FEUAUARY TMRU APRIL 2016 MAY THRU JUL). 2OIG Au&uET THIiU OCT0eER 2016 NORMS Thu JAN 2O16-17 FEERUAt1Y THRII APRIL 2017 Certificate of Insurance THIS CERTIFICATE rS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RtGii7S UPON YOU THE CERTJFICAi'Pi HOLDER THIS CERTIFICATE IS NOT AN INSURANCE ALTHOUG}I POLICIESDOES NOT AMEND ENDL� C1BN ADDITIONAL SUB ALTER THE COVERAGE OVER V jELAkPFT BELOW.ER THE POLICIES LIST D BELOW, POLICY LIMITS ARE NO LESS THAN THOSE LIS This is to Certify that 11NEST COAST ARBORISTS, INC 2200 EAST VIA BURTON ANAHEIM CA 92806 L NAME AND ADDRESS OF INSURED y M. INSURANCE is, et the issue date orthis certificate, insm-ed by the Compare uoder'the policy(ins) listed below. The issuer= afforded by the listed palicy(ies) is subject to ell 9airtarme, a elosisos cad Conditions and is sot altered by any requirement, rum or condition ofany contract or other document with ra puci to which this cet65eate may be issued. TYPE OF POLICY III F EXP DATE ®S aximm POLICY TERM I• POLICY NUMBER LIMIT OF LIABILITY WORKERS COMPENSATION Statutory limits 7/1 /2017 VYA7-06D-039499 07$ COVERAGE AFFORDED UNDER WC LAN OF THE FOLIAWINC3 STATES: All States Exce�ppt. ND, OH, WA,iNY !Bodily S EMPLOYERS LIABILITY gn y �y 6� i�er� 1,UQp:OQO ,ara;d. It4Layn$yy�Diseease 1,000,000 PnN-.Lirpjr Bodily Wert' By Disease $1, 444,Q0O Fad Peres COMMERCIAL GENERALLLABILITY 7/1/2017 TB2.661-039499-016 General Aggregate $2 00O O00 r oCCURRBNCE Products !Completed Operations Aggregate $2, 000,000 ■ CLAIMS MADE EtrchOscwteaca $1,000,000 RETROI]ATE Paraomll@Adverted rgInjury $1'000,000 Per PenOnMrsenisa8on Other Other Demme to ppremises rented to You $3El�7,0IHi Medical Expense $5,000 AUTOMOBILE LIABILITY 7/1 /2017 AS7-661-039499-036 Each Accident —single Limit +��rdQf},0�0 III AndP,D. Combined � OWNED FaolSPeraort fa NON -OWNED Each Accident or Ocaotresne HIRED Each Accident er Occurrence OTHER Umbrella Excess Liability 71112010- 711/2017 TH7-681-039499-048 • $5,000,000 Per Occurrence/Aggregate ADDITIONALCQM1 NTS ,..__"_._ The City of Narlonal City and Its officers, agents and employees areaddlforla1 Insured with regards to generni iiebillty and automobile febi!Ity. es their interest may appear, where required by written contract. The Insurance afforded by the general liability policy for the benefit of the additional Insured shall be primary and non-contributory. Waiver of Subrogation Is included In favor of the additional insured on workers compensation, where allowed by statute, end aples only to the specific jobs of the insured performed under written contract, and where applicable by law. • lithe meiEcate eap5ralioo data is cestitmoua or eateaded tern% yea will be notified if coverage is terminated or reduced before the certificate expiration dace. NOTICE OP CANCELLATION;(NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDS UNDER T} R ABOVE POLICIES 1JN11L AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MA/LED TO; I —City of National City 1243 National Cily'B!,�d. National City CA 91950 at L 1 Liberty Mutual Itsareuee Group Elaine Ulan L96 Angeles ! 0803 AUTHORIZED REPREEENTATTVE 818 W 7th Street, Suite 850 05 8 Los Angeles CA 90017 213-624-1171 8/18/2016 OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP es respects such insurance as is afforded by those Companies NM 772 07-10 3042E433 1 Lid_asis 7/SE-7/17 GL/1/1, Ar./2, 1AC/1, V'S I.ara'ina sa<itala 6J16/2016 9,14;16 AM ICtrl j Pe3C 1 Ct 'I Lf31 COI 28889E 02 11 77 of 288 • teLIK3E1 TIX4t1.0394-94116 C.41ttieht.k. C•efUtit'..1441119.1TY C4W10041,1 Ci4AnCILi$ THE F. t`-'1.1CY". PE r CAR"-ZPLILLY. NsuRai.). ors, LESSEES OR COATRACTOr4S SCHEDULED PERSOZ-1 ORGANIZAlledl Th andomontoidritbekca .ttraten% proldoi Avtdarato Wowing cpi1.1M.riltrAkt. eFriPPAC. LAMM( COVOitaiE PART • • Svvriztl Voihroii M ertendod to Visit*•ei adoaintl hAnd tita ptralo) orimizzrantio shown 15 th SeloAltdr, but oily WI rokittot to Ilaticy for Noodly bp?, !properly cbatti9o' or wporoaltutt widatiforticittl klbrf moot ki whole or lo pan. blA 1. Yoga acte *75 Taltbalfft47. or • The arts or voltam of insst slant ort your ballot n tho porfonnoritt por onottii oporar4x fir the udeima itrureogs) tro. totationtt) dreicmited Arm!, How iron 1. This alault-Itt .ffloritiod to won orklatonal &wad ordy epplkes to Ott cdont poratkotti by faun zatd • lf mono pro Mad to the ototidortal Walla le reirAitt by Ofiltad or tioroornont. ktatotmcb Ofortiod to such ooltifoital kw:4d 101 not bt broader titar that tobigh you 2st requirod hi Oantroot ogre:raw* b pntotdo tor otsch addiriuntl ittutott '0. With re.t-pel, to too iPmsrarte4 efordod diabe irtw.oca, bto tolltiortte odWitW ptob.ttlonti app41 Tha. ettur.-Ace doe: 410E :cppir to to* Injury! or *proparty rna ocautrin 1, All 1740%, iNVt;ing matart:44, pot; or Aarlit4ted coma:boo tat rarcL w1 mi true red jobeekt Out istirem. Inn/ntottacce Ps tortzof.e, ,t)o ptifonnall on bead off bta odelLional fhttereotto) location of the Montt/ *pan:Aiwa Pas boon tornOttott L That portion of your work' CA at wit* ale. ittry or dorms was hoz boon pid to 4 frZurrittf WA by any parson or onprittztibn Oti* bort moduli contractor or suboontratior sttpapol pestorrobto tiptrittfaro; for 4 prtittpal no pia Oft ittenb prolog*. C. Wilt to that Inouranico afforded to Moo d*rialbland*, the tobittoir4 h added la *raw' Iff.. Um* Of btouninoort: W eorrorcpe proolikti to the 4d64404 blabiltd rwitiod by it comma tir orcroornonl. Mai 16:4 poy ticht41 Ora" 14,!4AIrrA kf. LI% moot 0 Ilatoraitoo, Roquiroil by tho cannot or tamale& or • Awidoblit under Dia opplit.lblo foram 0 tuuronot *town kt boo Crooluttiong Whidtasor 1.44 This endorsement. that not incrolott opplicablo Onto 0 triAomoce WWI; tr4- DOtigalailt 011-zcrtteliii Idturrtt frie$414s) toectittnIte) Of Coveruo Ovivticilt Amv otratr, !mot, WttrttiOrtitt ,44%cm yarn hurt .ttly Ite.14:41 Iter&d wadi *gm/writ uyvet LI *aim! pito 1004 rtrinidt Otatait 0 Intim:14a riN4-:reo Dc40,FsItte Satietitite, inewri atmr. ore to ohmic: $t. ttt Doottraecris.. ! 1 tSisOta, bt„ r pa P'.4.t 1 al 1 78 of 288 Mt:7v c$241,141:44.49.01C COMVP.CAlw 7 ie actorizzeviiur ClikiskM2, THE PC Lne. PiXASE %E,Z,rr.CP-,krih;LLA',, IODITONAJ Wc*-tilIED LMWERSt LESITIE-44t COWYT:LACTURS COWPLETED OPERA110iiS TtK. entiororot*dr.te 1434-artet an:Mead the- Wetter t:Oktb5EikCIA.1, GI BT4AL Llt,dildiTY03VP.PottOE PART PROMCTSICOMPLEritt OPERATIONS LIABIL(TYCO‘ WAGE PART Sixtion — Vviv, P.:, An inr.id ainorstod ta inatudc as ittrosion4t- ineated The pain:m(4 or sztelorlettott(a) thornk the SabadtAt. but clay Yet repeal to Ib17 tar 'Way Irttoy -or prapany dotage cautat rt emote or k: peg, by 'rat' *ai$ i tha locadon 4eolenalato4 wad doocrtued Ihe Sabo atiltstWe andarversent tonternell foftt3.0tonot lowed end raided the Vradiclo-carr nitUe Optlairoft bazi.4 i-403441%*: 1. Tr* Orland tv ouch et'eaortet hawed ontr oplaks to dws telbertt ,pernated by Kw; tral earonojelsnee;ded to Int addlaorol intwett is teritdred by v centred Or firAerntra, the avna* *Fronted to =di **atonal nstra4l v.11 not be LVIlier Mon thet ettas:11 you we requital by Ihe istract al- aervinnorn to r vistit for itch Adaionol hurt& va. taapelt tht ifV.AtureAt aftorded la .ftea adthi.littili *twat% 1 ftstiogng addeiS Utattas Of r memo probldad te eta bctdConal Wut.i.ced rodOzt tateltect r1 art torink. tna mot two pay on behalf of It: bdtrAtanzl hurtd #40 tir14.4. irdZvirstm Resolittai Alto controaar ait-wnent Are4.tala under tit 114.1rAtitb1e jinfl. lleumitte stasst In to De atintUona: Ithileover 4 los& enfootroartient.shait not itcreese the apptiat.:143 *Oster Inewranca eta*i.t in the Ma:ratio* fialFZt ;LS Nt.nu Of Addianne Inuaresd Fkroonto) Or trinuaretant.t)t -Ail moos or orgeritelvto Iva. *born you hove mired into v ;Aden co/tort tamb then Oar tO Getlawitt oteatst, vektlito additoral blatant sthan. i-Oitiai011 Mei DIpUI OpOpMtfz Waft tit irttoinod by t often cant'etlt ?quantal ostittell kdo ptior to as ancurre Ica of *Nemo. Itertifliit*T1 miLtireinpte Iva Satstagle, t not atom abaft, wt be Orre.71- Pitill2MWM t'Ir-641%.1.4 0'1274, -.J1- 2704.1 r'zSrz 1 ,7" 1 79 of 288 ?way NUMBER AS7-061-0294138-048 COMMICIALAUM CAUOHIO THIS .ENDORSEMENT CHANGES THE POUCV. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE Tide emortit Iv c s insurance provided war folcoolng: O DEALERS COVEMGE FORM SU.StNS$ AUTO CODE FORM !ACTOR CAIE COVERAGE FORIA Wit respect to coverage provided 'by this endorsement, %a ins of the Coverer Form apply unless modified by ilia ondorternent.. This triticriernerri Identifies eon(s) or argeni Uo s) who are Insureds' for CoveredAutos LieballyCoworele under tho Who is An towed provision taf the Coverage Form. Thts endomenrein does not softer ootiearage pirovitrat In the Farm. SCHEDULE Harnt Of P ) Or Orytat nt'sj: Any 0.mtioeic: ogs4risttdcr whom yorr have t.greezt Ong. to add as en title insured, if;,t oci o ;giver a inajran90 reiarfra4 by the %Ottam ragnerrnant, and in no twat cr=o; d either tiro st cdo of 7,Nt:t 4•:1)4 m of [MU ranee orb in age .py. IhternaSon reRriaed ro tad& Sthedule, rthiV n Each per roo or argerdrati shown In the Seheiele on "Issues for Covered Aubn Coverago, but o: ly to the atom ttt.at person or orgardsation t aalifla as anInured' tamer ttte.V ho IAo Inane contained In Nreinel: k.t, 4 &mat o #i;-Cowed Adios LIu 7ttayCoverage In tha4 EforMese auto sod War Center Coverage Forms end Pompton 0.Z. of Sectien I - Covered Auto* Cooaragaa of to Aut Beaters Coverer Form, Y44, •mil bo iris ttr tha E rQi ►} r: CA 20 4 10 13: f insurer; ae •Cervices Oidoe, lata., 2011 Page 1 of t 80 of 288 CO Z. *-Q4•=A7t.4L LT N'TG .:4C 01 04 vi 1141.4 Sew**ra' "Arile -W,I'ZOVCOlkitPIBU*1086Z t _ *I k OMER INSURANCE 1 COWDITION ThfFIN moCiod twouitt vorldoo undi: retie *m.04 COLNERCIAL GENERAL LIABLITYMEJRASE PART PRODUCTS/COLPIETWOraATIONS 1341LITYCOVRAGR PART Tht10:004b 1d tist othrt- triaitiviat coditrim arm surfirq-dra pi P441 tie Di* ctra-1.1- RirrwlyAnt NoicatrAtilAtariiriararanca, TVs .race primary ta and ttil not wok. ccriti!hre444 tro.m lifky emu:. tatorarm r.vioabit to on vekiiii..w.fol tatieoct =kr put poky proviod fat rtsdd3k isurad Is likirntd awasii wide azio, othar initrantsr, and at You t owtx0 otvi.16:vg Iv tontma ogropouttt tidoi kuttrontt waled tO pimary ant kid ran sxiott collOSOlAhoti trOt t0-woravo itMittit to Int Ina$J14tE Ira Osgra tr; 81 of 288 WAIVER OP OUR MONT TO RECOVERy�� yy��F��R�jO,M OTHERS ENDORSEMENT - MOititliA We have the 40M to recover our payments from among liable for an Ivry =oared by this policy. We is not enforce cur right against the primon or trgariizenia:l named In the i obedut r. frnis 6greernent splits only to the extuyt that you perform ark under a water' contract the requi.es you to obtain this 'e r nit tom us.) You rrsu t realnittin pvtoll rar.or s uccurciely egr aling re►lrunerflan of fur employo s vehil.3 engaged in the wad; de.e.wted in the Saheduia. The eddilionel pMr;orrt for this endorsement dia.be 2% of the Calf ernla wo*ers' compsns '''on premium ati>z+rariso due on such reriurneratm SagNlo tion,II premium Is 6 poroent of the California Matn24 Wckaers Comptelsclion pror ium, Subject to a minimum pz'ernI mn chums of; 250, Person or OroprketIcri WI*, a required by contract or mitten grcernent prior to soars and al wed by lay: atkOs- ;mu `h3r Lli�e�:j,= li i#tr '.s Cos f 2t f#. Fornttechroant t4 NOW No. WA7- €i 78 Effective Date Premiere seed Ctietti Ati wibis, inc. Ed:4/103 SO ,e .a' 82 of 288 CC/CDC-HA Agenda 11 /1 /2016 — Page 83 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing submittal of applications for all State of California Department of Resources, Recycling and Recovery (CalRecycle) grants for which the City of National City is eligible, for a period 83 of 288 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing submittal of applications for all State of California Department of Resources, Recycling and Recovery (CalRecycle) grants for which the City of National City is eligible, for a period of five (5) years. PREPARED BY: Ray Roberson, Management Analyst II PHONE: (6191 336-4583 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: f" Finance ACCOUNT NO. APPROVED: MIS If grant funds are awarded, staff will return to City Council to appropriate funds. It shall be noted that there is no local match required for these grants. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution authorizing submittal of applications for all CaiRecycie grants for which the City of National City is eligible, for a period of five (5) years. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1 . Explanation 2. Resolution ti4 OT 2ti?J Explanation The State of California Department of Resources, Recycling and Recovery (CalRecycle) administers various grant programs in furtherance of the State's efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment. A City Council Resolution authorizing staff to submit grant applications is required by the granting agency as part of the application process. The authorization to submit grant applications would be valid for five (5) years. The resolution would also authorize the City Manager to execute all grant agreements. Staff would return to City Council to present each grant award and request appropriation of funds. Staff has identified an immediate grant opportunity through CalRecycle to offset the cost of purchasing rubberized asphalt material for use in City street resurfacing projects. Rubberized asphalt has a longer life cycle than traditional asphalt since it is more resistant to cracking. It also provides a smooth travel surface with less noise. In order to take advantage of current and future CalRecycle grant opportunities, staff is requesting City Council authorization to submit applications for all CalRecycle grants for which the City of National City is eligible, for a period of five (5) years. 85 of 288 CC/CDC-HA Agenda 11 /1 /2016 — Page 86 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the El Toyon-Las Palmas Regional Bi 86 of 288 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the El Toyon-Las Palmas Regional Bicycle Boulevard Project in the amount of $1,544,000; 2) accepting the terms of the Grant Agreement; and 3) authorizing the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. PREPARED BY: Jose Lopez PHONE: 336-4312 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. If grant funds are awarded, staff will return to there is no local match required for this grant ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: DEPARTMENT: Engineering/Public Works APPROVED BY: 4,7244./ APPROVED: Finance APPROVED: MIS City Council to appropriate funds. It shall be noted that project. FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Conceptual Exhibit 2. Sample Grant Agreement 3. Resolution 87 of 288 EXPLANATION The 2.2 mile El Toyon-Las Palmas Bicycle Corridor Project was identified as a Tier 1 priority project in National City's SMART Foundation Plan to enhance the pedestrian and bicycling environment in National City. The project provides connections to the following three elementary schools: El Toyon, Rancho De La Nacion and Las Palmas. The project will also connect to the future regionally significant South Bay Bus Rapid Transit (BRT) station at Plaza Boulevard. The proposed bicycle corridor starts in the residential neighborhood just north of Division Street and proceeds south along U Avenue through El Toyon Park, T Avenue, Paradise Drive and Grove Street, eventually ending at E. 22nd Street near the existing pedestrian bridge which leads to Las Palmas Park. The project provides ideal bicycle and pedestrian connections, particularly for school - age children, due to the low volume and low vehicular speeds of these predominantly residential roadways. Enhancements include Shared Lane Markings or "sharrows," signage highlighting the corridor as a Bicycle Boulevard, and traffic calming measures such as corner bulb -outs. While the corridor itself is relatively "quiet," it does cross several higher volume / higher speed streets such as Division Street, E. 4th Street and Plaza Boulevard. To address the challenges presented by these crossings, the project proposes a combination of bulb -outs, median refuge islands, high visibility crosswalks, and pedestrian actuated LED -enhanced crosswalk signs. Staff recommends that City Council take the following actions: 1) authorize the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the El Toyon-Las Palmas Regional Bicycle Boulevard Project in the amount of S1,544,00U; 2) accept the terms of the Grant Agreement; and 3) authorize the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. It shall be noted that the Grant Agreement contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in this grant -funded project is limited to accounting processes and financial audits. 88 of 288 r_ Class li Bike Lane {`a Class III g .e P.atrle Pedeltnan Curb Extensions 4th Street, National City ' 4th Street, Natidnal Ciry .tratut t?d tED Sign I Plaza Blvd & A Ave, National City E „'�3,70,y' . Nalin of City' Blvd, '- ,p .4��•• f.. .y "-'k' '1 hSo1 I ^ I. 'Y. irP •�. J ~� .�i 'ice; fi S • n7�+IJ 4.Y W7.7 rQ re VOIOY iit '•ter tyt 1• �roik7t e- i ..cam. t ' .. Pedeslnan Actuated LED Sign"-:, • -ram. ,r r r+ r: #� t1. t� * t; • , & Crosswalk• P ••• ElToyon Pcax _sli , . 1 r Cu R lUynr, �.� For-c`rti(inf � Toyon tsc.a.icr iyr1 -: F.Division St AliF Cycle 1 Projects (Construction 2016f2417) v• 4ttt Street Community Corridor - Existing Cra3sing 4th St & T Ave National Ci 3. - -fiee•I.,r`'k wll • t t�,�. • .� , o. ,J.1 , •, A err. . I •. 1 Project Improvement Map Gmf,q^-Irlgft IGyC F �a �s Existing Curb { ; yz - ; �f�l'" Extensions ar • ' w�c'� r " , c ?' 1 . 1 �)I�y�,�1 Ft?(JrtGrISlCiisl _ :i_.t 1 'k tf{. 61 R[t4 W. r 4.111eaestrlan Actuated LED Sign 4th Street Community Corridor -Existing Crossing 4th St & U Ave, National City D Ave &. 18th St, r L y , • r� • r " I— National t! w City h + 1.4.. #i€ ir�Ee r, J,: Curb Extension IrSouthwosl Corner)! • illi t L:i• I" _:':S, r.. - - rl^rrr.nicry _ __. 5 - :- _ _.. Lt+s Pa Bicycle Boxes 7. • s} i I Bth St ATP Cyde 1 Protect . ;`!41Consiructlon2016f24171 I `� LE(;EI'JD F..STING BIKE CORRIDOR Class II-Bikelane Class III- Bike Route PROPOSED BIKE CORRIDQR MEM Class IL III- Regional Bike Boulevard Connection tp Regional Bicycle ` . Network IMissron Volley- Chula CITY Vista Bikeway} a, Future Class I, II, or III Bikeway Future Pedesinarti Path" Sidewalk Gap RE IONAL Future BRT Station - SBBRT (2030) Bus stop Future Class II or Class III Bikeway Nate- B:_,.cle 1 ncp l=cicr G� n�t�sllF ah fl51cjrii1 i inlerfeC,on5 Fifer he E cycle ,MfasterP r, EL Toyo-p. -Lays Putmas Regiostial, [ii,c ycl t QinittArard 89 of 288 GRANT AGREEMENT TEMPLATE - FOR INFORMATION ONLY [SELECT APPLICABLE PROGRAM: TransNet SMART GROWTH INCENTIVE GRANT PROGRAM OR TransNet ACTIVE TRANSPORTATION GRANT PROGRAM] THIRD FUNDING CYCLE GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCY/JURISDICTION NAME] REGARDING [INSERT FULL PROJECT pTLlEI THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agreement) ss made this [Day] day of [Month], 2015, by and between the San Diego Association of.4overntpnts, 401 B Street, Suite B00, San Diego, California, hereinafter referred to as SANDAG, nd ttie [Graritliecipient and Address], hereinafter referred to as Grantee. This agreement expWes on [Month] [Days, [Year]. ,r Note to Grant Recipient: This Agreement Tem/filate covers pix visions foortoththe SGIP and ATGP. Prior to contract execution, the Grant-AgreemeP t will be tailored to reflect the applicable grant program. Note to SANDAG Contracts Staff: P or to internal routing, references to SGIP and ATGP should be updated as applicable. ' The following recitals are a substantive part of this Agreement_ Note to SANDAG Contracts Staff: Select ejthec GlP Recitals Or ATGP Recitals. Smart Growth Incer4ive Progralm (SGIP) Rentals (A - J): A. The SANDAG Boar of Dirgctor -allocates fu'myds under the TransNet local sales tax program to support local transpatian-retati irl#rastru4ture projects in the San Diego region through a competitive process. B. i' ie TransNet E etejnston Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP), whl,.h fundingegan on April 1, 2008. The SGIP encompasses projects that tter integrate trap ortation and land use and recognizes the comprehensive effort to integrate smart growth place making, access to transit, and environmental justice. C. In Janua 201.0, the. ANDAG Board of Directors approved Board Policy No. 035 -Competitive Grant Program Pr cedures (Board Policy No. 035), which is included as Attachment B. This Grant Award,'7reenment and the Grantee's performance thereunder are subject to Board Policy No..35, which includes multiple "use it or lose it" provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number]. E. On December 19, 2014, SANDAG issued a CaII for Projects from local jurisdictions in 5an Diego County wishing to apply for a portion of the TransNet SGIP funds for use on capital improvement and planning projects meeting certain criteria. 12 90 of 288 F. Grantee successfully applied for TransNet SGIP funding for the [Insert Project Name], as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital G, below. G. Grantee's Project is funded with [insert dollar amount] in TransNet SGIP funds and the TransNet MPO ID for the Project is [insert ID number]. 11. The purpose of this Agreement is to establish the terms anci.Eontlitions for SANDAG to provide Grantee with funding to implement the Project.. 1. Although SANDAG will be providing financial assistpnce\to Granteivto'support the Project, SANDAG will not take an active role or retain substantial control oftthre Project. Therefore, this Agreement is characterized as a funding agreement rather than a ctrpperative agreement. J. Grantee understands that TransNet funds derive from re`taal.transactions and use tax revenues which fluctuate. SANDAG's funding -commitment to 5G1P Projects, including this Project, is subject to these fluctuations, whit rnay. impact funding mailability for this Project. Active Transportation Grant Program WGP)`Reditals.(A — L): ` A. The SANDAG Board of Directors allocaes fund r►dere TransNet local sales tax program and the Transportation Development At (T*..:to'supportlocal bicycle and pedestrian transportation projects m e San Diego pion through a competitive process. B. The TransNet Extension Ordjnance contains• rovisions to fund the Bicycle, Pedestrian, and Neighborhood Sauey Propfam (BPNSP), whrc funding began on July 1, 2008. The BPNSP encompasses bicycle ar, d pedestrian t evel projects and recognizes the comprehensive effort to irftegrate smart growth place making; -access to transit and environmental justice. / C. ,;.:Article 3 of the Tb .providcs`f; ending for Bicycle and Pedestrian Facilities and Programs. D. Tether the TransNe .BPNSP ana'TDA Article 3 funding are commonly referred to as the SANDAG Active Transportation Grant Program (ATGP). r E. In Janua•ry2O1.0, thp5ANDAG Board of Directors approved Board Policy No. 035 —Competitive Grant Program Pr6cedures (Board Policy No. 035), which is included as Attachment B. This Grant Award, Agreement and the Grantee's performance thereunder are subject to Board Policy No. 035, which includes multiple "use it or lose it" provisions. F. The SANDAG Board of Directors approved programming of approximately $3 million in both TransNet and TDA funds on December 19, 2014, by Resolution Number [insert Resolution Number]. G. On [December 19, 2014], SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for SANDAG ATGP funds for use on capital improvement and planning projects meeting certain criteria. 13 91 of 288 H. Grantee successfully applied for ATGP Funding for the [Insert Project Name] (Project), as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal routing, obtain from SANDAG Finance and Planning staff the TDA Claim Number or TransNet MPO ID required to complete Recital 1, below. I. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in TransNet BPNSP funds and [insert dollar amouratj in TDA funds, and the TransNet NIPO ID for the Project is [insert ID number] and theA,Ciairn Number is [insert claim number]. J. The purpose of this Agreement is to establish the term `and conditions for SANDAG to provide Grantee with funding to implement the Project; r , K. Although SANDAG will be providing financial aasis]ance to Grantee to Upport the Project, SANDAG will not take an active role or retairisubstantial control of the Prot. Therefore, this Agreement is characterized as a funding ageraent ratherthan a coopera#ive agreement. L. Grantee understands that TransNNtfunds.derive from retail transactions and use tax revenues which fluctuate. SANDAG's funding cornn tment to ATGP`Ikoiect.s, including this Project, is subject to these fluctuations, whichrpay impact:fLriding availability for this Project. NOW, THEREFORE, it is agreed as follows: I. DEFINITIONS • A. Application.111.ke signed and dated grant application, including any amendment thereto, with all explanator+, supporting, and suppleltOntary documents filed with SANDAG by or on behalf of the Grantee\and accepted.pr approved by SANDAG. All of Grantee's application majte ials, not in conflict* ith this Agreement, are hereby incorporated into this Agreement a's though fuI1y' t forth her art: B. `Approval, Authoria,tion, Concurrence, Waiver. A written statement (transmitted in ewritten hard copy orr eiectronicaiiy) of a SANDAG official authorized to permit the Grarnteeio take or orrt an action required by this Agreement, which action may not be taken or omitted without sAch .written permission. Except to the extent that SANDAG determines otherwisin writin+ ,such approval, authorization, concurrence, or waiver permitting the performance`gr omission of a specific action does not constitute permission to perform or omit other simi[ar actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is included in Attachment A. Note to Grant Recipient: Only the applicable grant program will be referenced here. 14 92 of 288 Note to SANDAG Contracts Staff: Choose the appropriate program here. D. [SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP.] OR [ATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds.] E. Grantee. The local jurisdiction that is the recipient of [SGIP or ATGP] funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work describ�e,, n the Scope of Work. Grantee shall not proceed with the work and shall not be e!igible.to receive payment for work performed prior to SANDAG's issuance of a Notice to P "oceed. G. Subgrantee. Any contractor or consultant, at any tier/paid directly or indirectly with funds flowing from this Agreement for the Project. 11. PROJECT IMPLEMENTATION A. General. The Grantee agrees to carry out the Project as fo is: 1. Project Description. Grantee agrees to per tfri the work as described in the Scope of Work included as Attachment A. 2. Effective Date. The effecti date -of this•Agreement,or any amendment hereto is the date on which this Agreemeni,or an arisen rnent is fully`executed. The Grantee agrees to undertake Project work proritptly after ming a Notice to Proceed from SANDAG. 3. Grantee's Ccpacit. . The Grantee,agfees to maintain or acquire sufficient legal, financial/technical, and manageriakcapacityto: (a) plan, manage, and complete the Project aid provide for the use of any Project property; (b) carry out the safety and security asp`ts of tl, { Prolect;_.and (c) omply with the terms of the Agreement and all applicable law`s,,,regulations,,nd Doliciet pertaining to the Project and the Grantee, -inclutlirig but not rni'ted to the-TransNet Extension Ordinance and Board Policy 1110. 03: Project Sche4ufe. The Grntee agrees to complete the Project according to the Project Schecide Included in Attachment A and in compliance with Board Policy No 035, as amended, and included as Attachment B. 5. Pr iect ImpI,entientation and Oversight. Grantee agrees to comply with the ProjettImplernentation and Oversight Requirements, included as Attachment C, and Board Pol.(cy.No. 035, as amended. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG [SGIP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in Toss of funding. If Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 93 of 288 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [SGIP or ATGP] and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have [SGIP or ATGP] Funding withheld from Grantee, or refunded to SANDAG, due to Grantee's failure to satisfactorily complete the Project or due to substantive changes to the Project. 7. Media and Community Outreach Coordination. The Grantee agrees notify SANDAG of any media and community outreach efforts, including presentations to community groups, other agencies, and elected officials. The Grantee agrees to assist SANDAG with media or community events related to th1Proiect, such as ground breaking and ribbon cutting. Press materials shall berrovided to SANDAG staff before they are distributed. SANDAG logo(s) should be 1udedn press materials and other project collateral, but may never be included in such docu pen without advance approval from SANDAG. As part of the quarterly reports submitted to SANDAG,..the Grantee,agrees to provide project milestone information to suppoitinedia and ommunications forts. SANDAG reserves the right to use the information prvidcd'y the Grantee for any combination of the following, including but not limited to: sRcial_ media posts, online photo albums, videos, press releases, PowetPoint-presentations,`web`updates, newsletters, and testimonials. In submitting phmo.SANDAG, the t5tantee agrees to release the rights of the photos to SANDAL forts:use ``` 8. Project Signage and Designation of p‘nsNe Funded Facilities. Each capital project in excess of$250,000 funded iphole or in part by revenues from the TransNet Extension,Ardinance. hail be clearly designated during its construction or implementation as being provided byrevenues from the TransNet Extension Ordinance. 1 Grantee agrees tofo'llow the Project SiRnage Specifications. SANDAG will provide sign specifications. Grrtee agree,tw2 follow sign specifications and submit proof files to SAIVQAG for approval, before printing. Baseline Dxra Collec`p. For capital projects, Grantee is required to coordinate with SANDAG staffpnthe development of a baseline data collection plan in accordance with the Projectlrnplementation and Oversight Requirements. B. Applid ion of Laws Should a federal or state law pre-empt a local law, regulation, or the TransNet ensiorprdInance, the Grantee must comply with the federal or state law and implementing,regglations. 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 iaw, the Grantee agrees to notify SANDAG immediately in writing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions thereof expeditiously. 16 94 of 288 C. Notice Regarding Prevailing Wages. SANDAG's [SGIP or ATGP] Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, California law may require that Grantee's public works projects pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly encouraged Grantee to seek legal counsel regarding whether the Project will be subject to prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances as applicable. D. Significant Participation by a Subgrantee. Although the,Grar.tee may delegate any or almost all Project responsibilities to one or more subgrant s, 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 awwrd contracts over three thousand dollars ($3,000) on the basis of a noncompetitive prgturement for work to be pel ormed under this Agreement without the prior written approvalcf SANDA ,-'Contracts award-gd by Grantee, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. r 1. If Grantee hires a consultnt4p carry.out profess Anal services funded under this Agreement, Grantee shall'p repine n independencost Estimate (ICE) prior to soliciting proposals; publicI radvertise competing proposals for the work; use cost as an evaluation factor ih selectinc, the coci ultant; document a Record of NegotiatipnjtON) establishin1/44tha`the.amount paid by Grantee for the consultant servicesls fair andreasonable; and. pass through the relevant obligations in this Agrement to the t)onsultant. 2. If Grante ires.a'contractor to carry out construction services funded under this _.Agreement, rantee shall , pare-ar !CE (e.g., a construction cost estimate) prior to soliciting .bids; blicly advertise for competing bids for the work; award the work to the lowestrespon -vie and responsible bidder; document a RON establishing that the amount peid by Gra ee 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 afl 'ro ectparticipants comply with a!I 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 i 17 95 of 288 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. No SANDAG Obligations to Third -Parties. In connection with,ne.Project, the Grantee agrees that SANDAG shall not be subject to any obligations or• abilities to any subgrantee, lessee, third -party contractor, or other person or entity tha#-ls not a party to the Agreement for the Project. Notwithstanding that SANDAG may have contTred. in or approved any solicitation, subagreement, lease, or third -party contfa,at any tier, SANDAG has no obligations or liabilities to any entity other than thGtantee, including any subgrantee, lessee, or third -party contractor at any tier. •s H. Changes in Project Performance. The Grantee agrees toxiotify SANDAL immediately, in writing, of any change in local law, conditions (i`nidludinfts legal, financial, ortechnical capacity), or any other event that may adversely of 4t the Grantee's ability to perform the Project in accordance with the terms 'of the Agreemen :ancJ,as required by Board Policy No. 035. The Grantee also agrees notify SANDAG imme ately, in writing, of any current or prospective major dispute, breach ]efauIt litigation that lay adversely affect SAN DAG's interests in the Project; and agrees t ;inform SAN9AG, also in writing, before naming SANDAG as a party to litigation for anyreason,,ahi anyrui: At a minimum, the Grantee agrees to send each -nonce to SANDAG )vquir6d by this subsection to SANDAG's Office of General Counsel:: - Standard of Care. The Grantee expressly Warrants that the work to be performed pursuant to this Agreement all be' erformed in accardance with the applicable standard of care. Where ,approval by SA DAG its Exec tiva Director, or other representative of SANDAG is inditated in the-Scopeork, it is understood to be conceptual approval only and does not .relieve the Gran -toe of respb sibility for complying with all laws, codes, industry standards, and liability tor dalages causecauibd by negligent acts, errors, omissions, noncompliance with 'ri dustry standards, oicthe willful`rnisconduct of the Grantee or its suhgrantees. III. FTI-IICS ti A. Grantee de of c ondductlStandards of Conduct. The Grantee agrees to maintain a written codef c& duct or standards of conduct that shall govern the actions of its officers, employees, couNCd or board members, or agents engaged in the award or administration of subagreernents, leases, or third -party contracts supported with ]SGIP or ATGP] Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective 18 96 of 288 positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, council or board members, or their agents, or its third -party contractors or subgrantees or their agents. 1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by [SGIPpt ATGP] Funding if a real or apparent conflict of interest would be involved. Such a..pnflict would arise when an employee, officer, board member, or agent, includiranymember of his or her immediate family, partner, or organization that eatpIoys;or.intends to employ, any of the parties listed herein has a financial interest irM firm coin eting for award. 2. Organizational Conflicts of Interest. TInterest. yfie.Grantee agrees that'ts'code of conduct or standards of conduct shall include pro lures for identifying and jirvyerrting real and apparent organizational conflicts of inte txor94nrzational conflict of interest exists when the nature of the work to be pi*rrned under a proposed third -party contract or subagreement may, without some' .astnctions on future activities, result in an unfair competitive advantage tothe third-partycontractor or subgrantee or impair its objectivity in performing`the a ntract.work. B. SANDAG Code of Conduct. SANDAG has establyihectpoliciestoncerning potential conflicts of interest. These policies apply to Grantee. ForAillaiiar4s.bjrSANDAG, any practices which might result in unldwlul activity are pr°' rblte'a .including, but not limited to, rebates, kickbacks, or otlr unlawf!i a tonsideratio`ns. SANDAG staff members are specifically prohibited from participating in the selection process when those staff have a close personal relationship, fari i.relIatiorhip,-or past (wit to the last 12 months), present, or potential business or ernplort e' t rt-lot,o' tzip with a Pierson or business entity seeking a contract ;,vith SAN9A , It is-uniawruL,zor any contragto be made by SANDAG if any indiviaual B .ard merber or staff h�ak a prohibited financial interest in the contract. Staff are also rohibited from'splititing of `cepting gratuities from any organization seeking funding from 4SANDAG. SANDAGofficers, a loyees, agents, and Board members shall not solicit or opt gifts, gratuitik favors, o nything of monetary value from consultants, potential conitants, or partiesto subagreements. By signing this Agreement, Grantee affirms that it has no`nouvIedge ofan`ethical violation by SANDAG staff or Grantee. If Grantee has any reason toel'eve 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 [SLIP or ATGP] Funding application for the Project. D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including: but not limited to, the Grantee's grant application, progress reports and invoices. 19 97 of 288 IV. AMOUNT OF FUNDING ASSISTANCE The Grantee agrees that SANDAG will provide [SW or ATGP] Funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $L__ , or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is i . percent (%). SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application for funding from SANDAG for the Project is the amount that forms the basis upon which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SANDAG Participation. i V. MATCH I NG FUNDS Grantee has proposed to provide matching funds for the ProProjtct and ti erefore agrees as follows: A. Duty to Obtain Matching Funds. The Grantee agrees to provide sufficient funds or approved in -kind resources, together with the,GIP or ATGP] Funding a ard.ed, that will bj assure payment of the actual cost of each Prect activity covered by this greement. The amount of matching funds and percentage(s) Of-ratchin"cflunds Grantee shah provide are set forth in the Approved Project Budget. The Granteeagrsto complete all proceedings necessary to provide its share of the Project costs at of fore the time the matching funds are needed for Project costs. t B. Prompt Payment of Matching Fuels. The -Grantee agrees tQ provide the proportionate amount of the matching funds promptly as it inc Project.cost`s or Project costs become due. Each of Grantee's inc-es,must includpts.proata rnattaang fund contribution as reflected in the Approved ProjEctaubget, along wit)",suiiporting, descriptive and/or explanatory documentatioryfor the ma`tc irng funds pi•cvided. 'k 1 C. Reduction of Matching finds; -The Grantee agrees that no refund or reduction of the amount of rnatchin j\tunds may b.e,made,unle s, at the same time, a reduction or the proportional amount of -the. [5GIP orATG} Funding provided is made to SANDAG in order to maintain the -Maximum Percentage(s) of SANDAG Participation. VI. 4, APPROVED PROJECT BUDGE, Except to,the extent that SAINDAG determines otherwise in writing, the Grantee agrees as follows: The Granteerd SANDAG have agreed to a Project budget that is designated the "Approved Project Budge The Grant&e will incur obligations and make disbursements of Project funds only as authorized by`tize Apffroved Project Budget. An amendment to the Approved Project Budget requires the issuance,pf a formal amendment to the Agreement, unless the re -allocation of funds among budget items di fiscal years that not increase the total amount of the [SGIP or ATGP] Funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. 20 98 of 288 VII. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amount justified by the matching share previously provided, or ,1 2. Take any action that would cause the proportion o#'[SG]P sir ATGP] Funding made available to the Project at any time to exceed the_percentae authorized by the Agreement for the Project. B. Payment by SANDAG. Upon receiving a request for payment and adeNate supporting information, SANDAG will make payment, [dr.forprojects with TDA funding authorize the County of San Diego to make payment] for eligible amourits:to Grantee within thirty (30) days if Grantee has complied with the requirements cif tfie.Agreement, including submission of a Quarterly Report which is incled as Attachment , has satisfied SANDAL that the [SGIP or ATGP] Funding requested,is needed for Project p rposes in that requisition period, and is making adequate progress thward- ojrect.completrd'n-consistent with Board Policy No. 035. After the Grantee has demdnstrated`satifactory compliance with the preceding requirements, SANDAG may reimburse the Grantee's apparent allowable costs incurred consistent with theAlSproved Project BizidgetAANDAG sh`a11 retain ten percent (10%) from the amounts invoi ed unt1) satisfactory completion of work. SANDAG shall promptly release retention amonts.to Grantee following drantee's satisfactory completion of work and receipt of Grant 's final inyoic_e and all required documentation. C. Eligible Costs. The tfaritee aarees that -Project costs eligible for [SGIP or ATGP] Funding must comply with.the fb lowing requirements, unless SANDAG determines otherwise in iting. To be -eligible ble for imbursement, Project costs must be: Consistent with the ProjeitScope of Work, the Approved Project Budget, and other provisions of time Agreement. 2. necessary in order to accomplish the Project. 3. Reasogable4 or 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, 21 99 of 288 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGIP or ATGP]. 9. Indirect Costs are only allowable with prior SANDAG approyel;. Grantee must submit the following documentation as part of the grant applicatio%rnaterials: (1) an indirect cost allocation audit approved by a qualified independent4uditor or (2) the applicant's proposed method for allocating indirect costs in accordance with OMB guidelines. Indirect cost allocation plans must be reviewed aid renevd annually. 10. Project generated revenue realized by the,4rantee shall be utiUzed in support of the Project. Project generated revenue and expenditures, if any, shall'1e reported at the end of the Agreement period. `. D. Exduded Costs 1. In determining the amouni f [SGIP or ATGP] Furtding.SANDAG will provide for the Project, SANDAG will exclude;'`"*: ai; ` a. Any Project cost incurred,by the Grape More either the date SANDAG issues a Notice to Proceed to Grarittee,or the . fective Date of the Agreement or any Amendrentthereto; \• ,.. b. Arx) ost that is rot included in.the latest Approved Project Budget; c. Any cotfor P,rj.property or cervices received in connection with a subagre` ent, Iease; tfajtd-party'ontract, or other arrangement that is required to:t e, but I'r s.not been, concurred in or approved in writing by SANDAL; and d. Any cost -ineligible for SANDAG participation as provided by applicable laws, reguiat(t»rns:or polio{es: 2.''• Certain costs at )Tarbes associated with bicycle and pedestrian projects are not eligible `ven.the benejstprovided is not the exclusive use of bicyclists or pedestrians. These ins%noes are listed below. a. C`u{h-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, 22 100 of 288 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 Grannteefor any Project cost does not constitute SANDAG's final decision about whether that.ost 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 BoajdPolicy No4135_,The Grantee acknowledges that SANDAG will not make a finatermination about the allowability and eligibility of any cost until the final payment has eri made on the Pr'lector the results of an audit of the Project requested by SANDAC'or its Independent Taxpay' Oversight Committee (ITOC) has been completed, whichever occurs last: If SANDAG\determines that the Grantee is not entitled to receive any portion f the4SGIP-or ATGP] Fundinb requested or paid, SANDAG will notify the Grantee in writing, stair its reasons. The Grantee agrees that Project closeout will not alter the4rantee's responsibili to. return any funds due to SANDAG as a result of later refunds, correct pns;-performance deficienoes, or other similar actions; nor will Project closeout alter SANDAG'§,right tbdysallow. costs arlti recover funds provided for the Project on the basis of a later audit o'r,,other revie r.. Upon..potifieation to the Grantee that specific amounts are owed:to G�'to SANDAwhethief for excess payments of [SGIP or ATGP] Funding, disallowe,ddcosts, or funds recored*om third parties or elsewhere, the Grantee agrees to prompf y remit tG SANDAG the mounts owed, including applicable interest, penalties and arlrninistrativetharges. '. VIII. ACCOUNTING RECORDS In complia`nce_with appIicablei ws, regulations, -and policies, the Grantee agrees as follows: 1 A. , Project Accounts.' e Gram agrees to establish and maintain for the Project either a ',keparate set of accounts or separate accounts within the framework of an established acc94unting system that can be identified with the Project. The Grantee also agrees to mairrtain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other accountsg docume9tss related in whole or in part to the Project so that they may be clearly identified,readily4'ccessible, and available to SANDAG upon request and, to the extent feasible, kepteparate from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 101 of 288 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. 8. 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 forfthree 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, recrds, contracts, and supporting materials relating to the Project, as SANDAG may re j iire. . D. Access to Records of Grantees and Subgrafs. The Grantee agreesto permit, and require its subgrantees to permit, SANDAG or4its authorized.fepresentatives,upon request, to inspect all Project work, materials, payrolls, and`q her data, and to audit the books, records, and accounts of the Grantee and its subgrantees pet aii ing to the Project. t E. Project Closeout. The Grantee a4reesthat Project closeout does not alter the reporting and record retention requirements of t is Agreement. F. Quarterly Reports. Grantee shall submit writte9:44uarterly reports to SANDAG detailing the progress of its work, expenditures incLicred, and',inform'atton regarding whether the Project is projected to be corn-pleted Within the limits.d the Approved Project Budget, Project Schedule; and consi tent with Board Policy No. 035 and any policy amendments thereto. Granfee shall docuthent the progress and results of work performed under this Agreement to th tisfactian of SANDAG. his includes progress and final reports, plans, specifications, estim.;es £nt otherevidence oT attainment of the Agreement objectives, whicb-Irerequested by ANDAG or ITOC Grantee may be required to attend meetings of SIDAG-stnd commiees,.including but not limited to ITOC, the Regional Planning `Committee, the Transnortatib Committee: and the SANDAG Board of Directors, to report on ''',its progress and respond to questions. ti G. Co'rrrmunities Served Data and Report. if requested, Grantee shall provide SANDAG with data regarding how lie Project's benefits and burdens were equitably distributed among socio andcanomic6opulations in the area affected by the Project, and associated smart growth data: X. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. 24 102 of 288 B. Project Audit. Note to Grant Recipient: Only the applicable sections will be included. Note to SANDAG Contracts Staff: Please choose the appropriate: For TransNet-funded projects: The Grantee agrees to have financial and compliance audits per,f rmed as SANDAG may require consistent with the TransNet Extension Ordinance. T hp 'Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. Atldittosts are allowable Project costs. For TDA-funded projects: The Grantee agrees to have financial and comp ante audits performed as SANDAG may require consistent with Public Utilities Code Seevon 99245, far TDA funds;`eRd consistent with the TransNet Extension Ordinance for TransNet funds. Thi Grantee agrees thatproject closeout will not alter the Grantee's audit responsib ijties, Audit costs are allowable Project casts. C. Performance Audit. The Grantee agrees.to cooperate with SANDAG or ITOC with regard to any performance audit that is perfomrned on he:Project pursuant to the TransNet Ordinance, D. Project Closeout. Project closeout occ irs what SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicableeitner forwards the final [SGIP or ATGP] Funding payment and or:'acknowleaages that the Grantee has remitted the proper refund. The Grantee agrees that Prbject closeout fby SANDAG do s not invalidate any continuing requirements imposed by the �A`greernent'or aiiy unmet re uirements set forth in a written notification from SANDAG. : E. Project Ise. rantee was warded this Agreement based on representations in its grant `application regar4ing the t oject's intended use. If the Project is a capital project, Grantee hereby commits to continued i.tseof the Project for the purposes stated in its application for a ''''Period of at least fiveears after completion of construction. SANDAG may require Grantee to refund SLOP f! ndin0 provided for the Project in the event Grantee fails to utilize the Projeef, or 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 sha!! provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. 25 103 of 288 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 [SGIP or ATGP] Funding to be provided for the Pr3-461. 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 [SGIP or ATGP] Funding for the Project:=;. D. In general, termination of [SGIP or ATGP] Fund,ij for the Project will rtdst invalidate obligations properly incurred by the Grantee<fiefore the termination date4o.the extent those obligations cannot be canceled. If, however, SANDAG det ryes that the Grantee has willfully misused [SGIP or ATGP] Funding by faili*to male -adequate progress;-orfailing to comply with the terms of the Agreement, SANDAG re erves the right to require the Grantee to refund to SANDAG the entire aiddirint..of [SGIP or ATP] Funding provided for the Project or any lesser amount as SANDAG ritka r d4er'.ine. �` E. Expiration of any Project time periocLestablished•ajn the Project'Sc•hedule will not, by itself, automatically constitute an expiration prterminitlon-ottheAgreement for the Project, however, GranteeList request and 5ANDA may agree to -amend the Agreement in writing if the Project Scha,dufe WtIlA of be met. Ati a:rnendment to the Project Schedule may be made at SANDAG's discretion if Gr'antee's request is consistent with the provisions of Board Policy No.035. MI. CIVIL RIGHTS The G hee agrees -to comply vvrt#a all applicable civil rights laws, regulations and policies and shall inclpcle the provisions oftth,s 5ectibrl12 in each subagreement, lease, third party contract or other m\ legally binding documenft perforcork funded by this Agreement. Applicable civil rights laws, regulatioand policies include, but are not limited to, the following: A. Nondi crimination.. SANDAG implements its programs without regard to income level, disability, Tace, colek and national origin in compliance with the Americans with Disabilities Act and Titled Qf the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the public bf their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. Grantee must notify SANDAG immediately if a complaint is lodged that relates to the Project or program funded by this grant. B. Equal Employment Opportunity. During the performance of this Agreement, Grantee and all of its subcontractors, if any, shall not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, 26 104 of 288 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 Cfi tter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated intc.Tis Agreement by this reference and are made a part hereof as if set forth in full. Grange and its subcontractors shall give written notice of their obligations under this clause tolaborganizations 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 part4or SANDAG's befit pursuant to the Scope of Work for the Project. The term "delivei'abier' 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/6r services performed;on`the Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement shll be interfireted 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 o#this Agreenjpertt, Grantee 'shall continue to perform unless SANDAG informs Grantee in writing, to cease performance. The dispute resolution process for disputes arising under this Agreeme shall be a3-fo11ows: 'I;' 1, Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, na\?raes' of persons involved, and supporting documentation, to SANDAG's Pr'cgect Mana r. The Project Manager and other appropriate SANDAG staff will Ieview ilie; :ucumentation 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 ret4psiclarap6 dust be received within ten (10) calendar days from the postmark date of SANDAG's reply. The Executive Director will respond to the request for reconsiddcation within ten (10) working days. The decision of the Executive Director will be in writing. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. 27 105 of 288 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 oerformance't.f this Agreement, and for twelve (12) months following completion, policieV:Vof, insurance fro`ra insurance companies authorized to do business in the State of California or the equivalent type rid amounts of self- insurance, as follows: ;'. A. General Liability. Combined single limit of \$ O0. 'per occurrence and S2,000,000 general aggregate for personal and.bodily injury, in uding death, and broad form property damage. The policy must include .an -acceptable "Waiver, of Transfer Rights of Recovery Against Others Endorsement." Thep iiy..m ist-name SAN .G:as an additional insured in the endorsement. A deductible or retention. maytiiized, subjectto approval by SANDAG. •tip:. . B. Automobile Liability. For personal and boditnjury,"irluding death, and property damage in an amount not le -than $1.,000,000. C. Workers' Compensation anti Employef's Liability. Policy must comply with the laws of the State of Ca io:rnia. T policy,must in lode an acceptable "Waiver of Right to Recover From Others Endo ment nart1ir.g SANDAG` s an additional insured. D. Otl rr Reguirefnents. fantee shall furnish satisfactory proof by one or more certificates �, tirrgrrial copies), that.. it ha's 'the foregoing insurance. The insurance shall be provided by an u.". acceptable insurance . provider -as determined by SANDAG, which satisfies the following 111inimum requirements: 1. {An insurance cal-ne:r qualified to do business in California and maintaining an agent for service of prgcess within the state. Such insurance carrier shall maintain a current A.M`Best.ratn6 classification of "A-" or better, and a financial size of"$10 million to $24 millttan(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 polities shall be primary insurance as to SANDAL so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Insurance policies shall not be canceled without first giving thirty 28 106 of 288 (30) days advance written notice to SANDAG. For purposes of this notice requirement, any rnaterial change in the policy prior to its expiration shall be considered a cancellation. XVII. INDEMNIFICATION AND HOLD HARMLESS A. Generally. With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wage claims against the Project, assertea or established liability for damages or injuries to any person or property, includingAniury 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, reck e ; °r:/viitful acts or omissions of the Grantee and its subgrantees and their agents, officers, or.emplay es, in performing the work or services herein, and all expenses of investigatirfg and defending, against same, including attorney fees and costs; provided, however, thd`t the Grantee's duty tp indemnify and hold harmless shall not include any claims or liability arising from, the establi ed sole negligence or willful misconduct of SANDAG, its Board of hectors, agents, officers, ortployees. .t, B. Intellectual Property. Upon request by SANDAG,.,the Grantee agrees to indemnify, save, and hold harmless SANDAG and .-Board of Directors;'Qffiters, agents, and employees acting within the scope of their officiat\dut-40 against any liab Iity, including costs and expenses, resulting from any willful or intectional 'Violation by the; Grantee of proprietary rights, copyrights, or right of privacy, ariking out off -the publication, translation, reproduction, delivery, use, or disposition of any daia 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. c XVI II. INDEPENDENT*CO1111TRACTWR_ A. Status of Grantee:`Crantee shaltizerforrn the services provided for within this Agreement as an independent contra or, and not Aan employee of SANDAG. Grantee shall be under the trot of SA,ND„AG as too result to be accomplished and not the means, and shall consult e with SANDAG as jrovided fo' n the Scope of Work. The payments made to Grantee pursuant o this Agreement hail be theyii and complete compensation to which Grantee is entitled. S11DAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shall` n,ot be required to pay any workers' compensation insurance on behalf of Grantee. Grantee -agrees to irdernnify 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. 4,, B. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 29 107 of 288 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 } ,r. The Grantee has assigned [INSERT PROJECT MANAGER NAMEjas 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. XXI. NOTICE Any notice or instrument required to be given or delivered) this Agreement - Tay be given or delivered by depositing the same in any United Statesikast 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 / Suchi Mukherjee Grantee: [LOCAL AGENCY NAM , [LOCAL AGENCY ADt RE55] Attn: [LOCAL AGENCYOJECT MANAGER] Notice shall b,e-effective u pen receipt thereof. Note, SANDAG 'Cgntracts S ff: After receiving this original agreement back from the Grantee and before ruing thepriginal agreement for final SANDAG "wet- signatures, con?irn with SANDAGfinanceandi Planning staff that the applicable RT1P has been approverL 30 108 of 288 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. !N WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. { SAN DIEGO ASSOCIATION OF GOVERNMENTS [INSERT JURISDICTION] GARY L. GALLEGOS OR DESIGNEE Executive Director APPROVED AS TO FORM: Office of General Counsel ter. 1i ull.Name] ITitle] AP ROVED AS TO FORM: Full Name] jTitle] 31 109 of 288 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project Description [PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ETt), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET) TrahsNet.MPO ID NO. 32 110 of 288 ATTACHMENT B BOARD POLICY NO. 03 5 COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy This Policy applies to all grant programs administered through SAi}.DAG, whether from TransfVer or another source, including but not limited to the Smart Growth inventive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior. Mini Grant 'Program, Federal Transit • Administration grant programs, and Active Transportatiora'Grant Program, - Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that conflict with the requir�-rnents in this/Policy. There're never enough government grant funds to pay for all of the projectstvvorthy,b`f funding in the 5`a) Diego region. For this reason, SANDAG awards grant funds on a compbi tine basis that takes the grantees" ability to perform their proposed project on aetimely basis into acCiapnt;SANDAG intends to hold grantees accountable to the project schedules' they -have proposed order to ensure fairness in the competitive process and encourage granees ib--get`their project-4mplemented quickly so that the public can benefit from the project b deliver les as so"n as possible. , Procedures 1. Project Milestone and Completion Deaafirnes 1.1. When `sjgning a,grant agreemept for a competitive program funded andfor administered by?` CA' , tart.recipients klyst agree to the project delivery objectives and schedules in -the ag ment. In additi_pn, a grantee's proposal must contain a schedule that fls within;the following deadlines. Failure to meet the deadlines below may result in -` revocation oral' -grant funs not already expended. The final invoice for capital, planning, or operations grai�ts must best.brnitted 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/gut at the latest, any necessary construction contract must be awarded vwiftiin to years following execution of the grant agreement, and construction muss, a completed within eighteen months following award of the construction contract. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. if the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest; any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be 33 111 of 288 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 agreemerfc, and the operations must commence within six months following award of tile operations contract. If no services contract for operations is necessary, the,bperations project must commence within one year of execution of the grant agr meat ..„ 1,1.4 Funding for Equipment or Vehicle's Grants. If the tj.cant.will fund equipment or vehicles, the project must be completed .according to the schedule provided in the grant agreement, but at the latesVany necessary purchase con1tacts for equipment or vehicles must be awarded within. one year following executlQn of the grant agreement, and use of the equipment or veh.i. es for the benefit of he public must commence within six months following award of the purchase contract. • 2. Project Milestone and Completiop De .line.Extensions •.. 2.1. Schedules within grant ag ementsy include prbl.gct scopes and schedules that will identify interim milestones in ddition �t those described in Section 1 of this Policy. Grant recipients mayr eive extensidrs on4heir project chedules 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. Exte ions beyond six. months a negate or that would cause the project to miss a completion dea e in/Section 1 must belaDproved by the Policy Advisory Committee that has been delegatehe necessary hor ty by the Board. For an extension to be granted under this Section 2, t 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$1 a 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 inollovyi ig rnonth'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 appeai to the SANDAG Program Manager. 34 112 of 288 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,:ffhat were aiready granted extensions by the Executive Director and are again falls tg, 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 d6cument previous, efforts undertaken to maintain the project schedule, explain the reaps for the delay, explain why the delay is unavoidable, and demonstrate an ability toucceed in the extended ti?xe frame the grantee proposes. The grantee must provide the necssary inforrtion to SAND, staff to place in a report to the Policy Advisory Committee. If:suffici4 t,time is available; .and the grant utilized TransNet funds, the request will first`'be: taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommenda``tton. The grantee should make a representative available at therm, tmg::to present `tile "information to, and/or answer questions from, the ITOC and Polity Advissey Cormittee. 3.3 The Policy Advisory Commit e will o igrant an extension under this Section 3 for extenuating circumstances that the grantee ould not have reasonably foreseen. � 4. Resolution andr Execution'of the Grant Agreement 4.1 Two wee;,ks prior,t}o the -review by.the Policy Advisory Committee of the proposed grants, prospects e,grat1tees"mus soomit.a i solution from their authorized governing body thati>cTudes"the pro vs{ons 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 cornipittee. 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 appj;cation submission 4.1,1. Graritee governing body commits to providing the amount of matching funds set. forth in the grant application. 4.1.2Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 35 113 of 288 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 Amended: November 2014 36 114 of 288 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 tor developing a baseline data collectfi plan with SANDAG to gather information on pedestrian and bicyclist activity. At a mininliimi..data should be collected for observed bicycle and pedestrian volumes, behavior, and attic des in th project area. Once the data collection plan is approved by SANDAG staff, the Gran* is `responsiblo,for carrying out the plan and returning collected data to SANDAG as a delivel`able: Standardized'forms required for data collection will be provided by SANDAG. Grantees are encouraged to use the National Bicycle ancedestrian Docunieitation Project methodology and plan for the following: • Conduct counts prior to proje4.corjstruction, during',National Documentation Days in the second week of September. Suppjeniflary counts anca,surveys can be conducted during January, May, and July to provideasonal`data, if desired. `• • 19 Conduct counts for two hours, at p6ak times elatiVe to the facility. For example, facilities attracting utilitar..ian trips -should be izpurited on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., w ereas f c lees attracting:yecreational trips should be counted on a Saturday, from 9 to 11 . In the case that the abbve.tirteframes are .deem?d infeasible due to the project schedule, the Grantee and—SANDAG coilaborate`"Q`an>alternative data collection methodology and procedure y. A s► oset of Grantees maybe selected for in-depth evaluation by SANDAG., in which case, SANDAG will conduct the data collegian effort with required participation from Grantee staff. Such in-depth evaluatibrk conducted by E SANDAG will take place solely for the purpose of SANDAG Active Transportation data/collection and monitoring efforts, and will not impact Grantees' budgets. N., .4. Grantees should pla to budget five thousand dollars ($5,000) for data collection. For questions or assistance with datacollection, contact Christine Eary at Christine.Eary@sandag.org, or (619) 699-6928. 3. Design Development and Community Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development and community meetings, and a meeting summary following the meeting, SANDAG staff may attend any meetings as appropriate. 37 115 of 288 4. Plan Review; Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG staff may meet with the Grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: • Whether they are consistent with the Project proposed in the original grant application, and • Consistency with accepted pedestrian/bicycle facility and smart growth design standards. 5. Quarterly Reports and Invoices: Grantee must submit quarterly, reports and invoices to SANDAG. detailing accomplishments in the quarter. anticipated prbryess 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 prese tations.to community groups, other agencies, and elected officials, ground-breakings, and ribboncuttings) . to support media and communications efforts. 6. Media and Community Outreach Coordinatiot: 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`tp provide` project milestone-xinformation to support media and communications efforts. 7. Photo Documentation: Grantees afe responsible for the following photo documentation: • Before and after photos, which 'should be.Aaken from similar angles to showcase how a particular area has been transformed over time • Project milestonefphotos:(such as ground -I eakings and ribbon -cuttings). • Photos taken throughout construction Phases and throughout the length of the project. Photos should beljgh resolution _(at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain ca'DtionsvOrth project descriptions, dates: locations; and the names of those featured, if appropriate:_ - 8. Project. Signage:...Bach projee or program in excess of $250,000 funded in whole or in part by revenues from the Trari. NV. t Extens'rQn Ordinance shall be clearly designated during its construction or implementation as beiiic provided y such revenues. SANDAG will provide sign specifications. Granted\egrees to follow sign specifications and submit proof files to SANDAG for approval before printing. A*. 9. Performancm,Monitpfring: 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 wita,SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. 38 116 of 288 Planning and Non -Capital Grants 1. Contact Information. Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Request for Proposals and Consultant Selection. Upon request by SANDAG, Grantee must submit consultant draft Request for Proposals to SANDAG staff for.. -.review and comment for consistency with the agreed upon Scope of Work with SANDAG (Attment 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 pnd commuMV .Meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings s appropriate. 5. Media and Community Outreach Coordination. PrePres,-.s materials shall be provided to SANDAG staff before they are distributed. SANQAG. Ingo(s) should bOneluded iri press materials and other project collateral. Furthermore, the Grantee,agres to provide, project milestone information to support media and communications effors: 6. Photo Documentation. Grantees are responsible #tier the..follow.ing photo documentation: • Existing conditions photos, which should illustrate the current conditions of the project site and demonstrPtethe need.,for improved+ acilities • Project miles*e photos such as workiops, presentations to community groups, other agencies, and eldd officials.) Photos should -be high resolu on (at least 4-inches by 6 inches with a minimum of 300 pixels per inch) ariai'confain-captions wi project descriptions, dates, locations, and the names of those feati red, if appropriate:. 39 117 of 288 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and TransNetiTDA Active Transportation Grant Program Quarterly Report • s Report Submittal Date: [Insert] Reporting Period: [Insert - Example: FY 2014, Quarter 1] PART 1: DESCRIPTION OF ACTIVITY FOB REPORTING PERIOD f 1. Work Accomplished This Reporting Period [INSTRUCTIONS: Replace this test with a detaileQl description of work completed and underway during the reporting Oertod,ln a bullet for reference specific tasks.] Example: 1 • 1 • Task 1 - Awarci;".Consultant Cdfttract:Aued RFRrid `convened a selection panel of 5 members:fi*the1City, MTS, TkITCPrand SANDAG-to shortlist 3 of 9 firms. The panel intervjewed the rips and sel cted XYZ Group for this project. The City Council x apprbd the consultant contractith XYZ Group on January 1, 2014. City staff held a kick-o rneeting`on Thnuary 10, 14. • Task 2 - ah ` Dutreaci " City staff and XYZ Group began organizing the first - workshop for tS project. the riticipated date of the first workshop will be in the februaryiMarch .014 timeframe. • Task 3 .f s ``1 • Task 4 - Et 2. Detitvetables Produtced This Reporting Period r • IINSTRUCTiONS: iammarize 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'ore details.] Example: 4 Final RFP - Submitted in December 2014. • Approved Consultant Contract and Kick -Off Meeting Notes - Submitted with this report. Please see accompanying list of attachments. 3. Is there an accompanying invoice for this period? 40 118 of 288 [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 Cached to this report. Attachments over 6MB should be sent via WeTransfer.] ,%` WeTransfer Link: https:l/sandag.wetransfer.corni i Example: • Attachment 1: Consultant Contract • Attachment 2: Kick -Off Meeting Notes • Attachment 3: Invoice Spreadsheet • Attachment 4: Invoice D` c•p rntation 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 Of Different from Grant Scope of Work) NTPate: . Task) ' [mmfdd/yy] N • 4m'rn/dd/y ., `` " [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dc/yy] [mm/ddfyy] Task 2: Policy No. 035 Milestone ` rnmiddlyy] \\ �. \. `. ,w kiim/cld/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/dci/yy] [mm/dd/yy] Task 3: Policy No. 035 Milestone [mm/ddlyy] [mmfdd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/ddiyy] [mm/dd/yy] 41 119 of 288 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 4r 1\ *Failure to check a box in the above section assumes there is no `actton requested. Amendment requests are subject to SANDAG's approval. It is the Grantees responsibility to en urr compliance with SANDAG Board Policy No. 035: Competitive Grant Program Priocedttres and grant agreement terms and conditions. • PART 4: PROJECT STATUS REPO T S1GPATURE Prepared by • Project ll.nager, yR" Date: 42 120 of 288 Contrm that you have the adequate documentation _ .... .____ ... . _ . ......• ... .... ."--•-•-... . _ .... _ ... . . . . .. ______ _ Byeak down each cost by task. This v.fill help with the next step to *nriple'lt—ttle imoice statemont.‘-,.. Double check and make sure aii suhltotals have been Calculated cons* - ---- ...... , . . __ .... . ... ___ ..... . . ...._ .... ... _ .. .• . Step 4: Complete the Invoice Statement. ‘ , . . . . wygggitisTRucTioNs _ Step 1: Complete the Quarterly progress Report. .... .._ .._ . _ .. ,. _ Reimbursements cannot be made without a completed Quarterly Progress Report. Step 2: GatherDocumenizaion for Staff Ceuta, COnsultant/Contractor Costs, and Other Costs. .„... ....`"1,,, i3rovide sAnibAd wit h a copy of any consultant and contractor agreements awarded through the grant.: -:- .. . _ . . , .... ... . . . .. .... . - Staff Costs should be supported by certified payroll documentation ,,A' ... • Consultant costs should be supported by the consultant invoice AND a proof of payment. The prof of pityrnent can be either a copy of the check provided to the consultant or printout from the projects financial accounting system showing that funds weretraboraed . . . _ , Contractor costs should be supported by the contractor invoice, schedule of values, ANDAkproof of payment. Re proof of payment can be either a copy of the check provided to the contractor or a priptout from the prclects financ;a1 accounting system *dewing that funds We Ire d rsed. Other costs should be supported by either an invoice from the vendor or a receipt fi,pat) mutt be accompanied by a troof of payment. The proof of payment can be either a ..... _____ copyof. the check proMdedto the vendor or a printout from the projects tnancial4fecounting system showing that fund;,vvere disbursed. i Clearly identify (i.e., highlight.or circle) all grant -related expenses on documents that iriclude norlted costs. . '• '. '',..,, • • Step 3: Cmplete the Expense Summary. . . .... . . .. ,, ..- ' Sirnmarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurred.dunng the reporting period. „. . . _ . Enterthe costs for each task (calculated in Step 3;. into the appropriate pelf of the Irrpce alatement:' The SANDAG contribution,'Match contribution, and retention amounts should automatically calculate. Enterprevious costs by task into the appropriate cellfiOftpr_eedsheet:•Ttte Trftialning_grant balance should calcUia-te. _ Step 5: Submit Quarterly Progress Report, Invoice,.At SUppenthg Demme ntaiter:tin SANDAL at sgatarantsasandmorq/ -• • . • • •T -• .• . • --- Sign and scan the completed Quarterly Progreiitteport. Submit it in PDF florin \ Sign end scan the invoice statement, Submit it irt Piterni ,Submit supporting documentation in PDF form, ' :Submit the completed Excel wo Files in excess of 6PAB should be submitteikyla: hft s://sanda .wetiansYer.com • 43 121 of 288 122 of 288 :PART' I: STAFF COSTS Personnel :Time Period • Hours Staff PersonA mm/ckll t /did/ yy Staff Person B mmlddlyyto mrn/dd/yy Staff Person C _ ,immicidtyy to m Ti/dd/yy [INSERT ADCITONAL LINES AS NEEDED' Hourly Rate Amount Documentation Attached? I 0 $ 10040'4 1,000 .00 YES/No -- . ..__ . . _ _ _ 10 $ ..100 00 $ 1,000.00 YES/NO /0 $ ../ 10000 $ 1,000.00 YES/NO_ ,... \-‘. .,. :PART 2! CONSULTANT/CONTRACTOR COSTS Consultant/Contractor Consultant XYZ Consultant XYZ Consultant XYZ Outreach Organization ABC [INSERT ADCITONAL LINES AS NEEDED] Involce No. Invoice Date . Description ritCOStk Amount Documentation Attached? _ _ . 1 wifviitriprofessional set -wines tbr,the - $ 10,000.00 YES/NO .. ' nitntkof January 2014 \ _ . , . .._ .. 2 2/1 /301,4' ProfessibriaLservIces for the' .,, $ 10,000.00 YES/NO \ month ofabriy2014 3 3/1/2 014. -p• roiessipt r the '' $ 10,000.00 YES/NO rnth aca2014 - , Tch ... 1-',,,, 3/1/2014 Outnaach fram January 21.114 tC $ 10,000.00 '1E iti a - N. . _ . ... Match.2014 N • 'PART 3: OTHE711 COSTS Vendor Vendor A Vendor B Vendor C [INSERT ADDITONAL LINES AS NEEDED] Invoice Date Description of Costs Amount Documentation Attached? 1 111/2014 Printing costs for January 2014 $ 100.00 YES/NO 1 2/1/2014 News Announcement for . . . _ $ 100.00 YES/NO February 2014 Workshop 1 2/28/2014 Snacks for February 2014 $ 100,00 YES/NO Workshop 45 123 of 288 - - --------------1 To: :From: TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE .SUCHI MUKHERJEE SANDAL :40t B Street, Suite 800 San Dlega, CA92101-4231 Grant Invoice Number: Billing Period: POW' • Invoice Date:. DATE ! Grant Award:. 117 $0.00 Balance RemaiiptFlg . $0.00 Project Name: -IPROJECTNPME] Contract Number: 500XXX • Name .Address TO. TASK 1 RFP 2 Existing Conditions Report 3 Public Outreach 4 Draft Plan 5 Final Plan Reimbursed to Date $0.00 $0.00 $0.00 $0.00 $0.00 Previous Balance Match to Date ' $0.00 $0.00 $0.00 $0.00 $0.00 Total to Date $0 00 $0 00 $000 $0 00 $0 00 Current MMItJDTYYYY to MMJDDIYYYY Staff Costs Consultant or Contractor Conte Other Costs .. $0t4 $007:\ $0.00 \ $0.00 ' " ,,, $0.00. $0.00 .l. $0-are ' . ,. ',., .00 $0.00 \ $O,d0 $0,00 4 $0.00 $0.00 Total Evenses SANDAG Total This Invoice $0 0.0 $0 00 $0_00 $0 00 $0 00 T.his Invoice $0 40 $0 00 $0 00 $0 00 $0 00 Match Spent This Invoice $0. 00 $0.00 $0.00 $0.00 $0 00' Total $0 00 $0 00 $0 00 $0 001 $0 00 Total Project Budget Grant + Match Task 1 ''°3, $0.00 Task'2 $0.00 Talk 1 $0.00 Tagk 4' $0.00 Talk 5: $0.00 VIAL �- $0.00 SANDAG Grant: $0.00 Match: $0.00 SANDAG Contribution, °A #D1V101 Required Match %' #DIV101 46 $0 00 $0 00 $0 00 $0 00 Total Currant Expenditures: . _ $0.00_._ _ Total Amount Due thls Invoice: $0.00 Less 10% Retention: $0.00 ' Match % Met to Dater #DIV101 1 124 of 288 CERTIFICATION OF GRANTEE._ .. _. I hereby that the abate costs were incurred in performance of the work required under the grant and are consistent with the amounts atidenc d by attached supporting documents and e,endituras. Signature Printed Name araTit1 Date 47 125 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 126 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the Citywide Safe Routes to School 126 of 288 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the Citywide Safe Routes to School (SRTS) Pedestrian Enhancements Project in the amount of $1,678,000; 2) accepting the terms of the Grant Agreement; and 3) authorizing the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. PREPARED BY: Jose Lopez PHONE: 336-4312 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. if grant funds are awarded, staff will return to there is no local match required for this grant ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: APPROVED: finance MIS City Council to appropriate funds. It shall be noted that project. FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Conceptual Exhibit 2. Sample Grant Agreement 3. Resolution 127 of 288 EXPLANATION The Citywide Safe Routes to School (SRTS) Pedestrian Enhancements Project will enhance safety for children walking to and from school by eliminating pedestrian barriers identified by a series of comprehensive Community Walk Audits conducted nearby the following seven schools: Palmer Way Elementary, Lincoln Acres Elementary, Otis Elementary, Olivewood Elementary, National City Middle, Granger Jr. High, and Sweetwater High. The project will address these barriers by providing high visibility crosswalks, Americans with Disabilities Act (ADA) compliant curb ramps, corner bulb -outs, pedestrian actuated LED -enhanced crosswalk signs, and new sidewalks. Staff recommends that City Council take the following actions: 1) authorize the filing of an application for Active Transportation Grant Program (ATOP) funds through the San Diego Association of Governments (SANDAG) for the Citywide Safe Routes to School (SRTS) Pedestrian Enhancements Project in the amount of $1,678,000; 2) accept the terms of the Grant Agreement; and 3) authorize the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. It shall be noted that the Grant Agreement contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in this grant -funded project is limited to accounting processes and financial audits. 128 of 288 National City SRTS Pedestrian Enhancements Preliminary Assessment: Key Map •treet.n..01e. • oc,g.no Qom, ot. Ea cE g P."43K5 r8 a rh, zz, • if, 66ammve e kg $ 434 e.- ke t7 n7C.3 ;10"C.3 '-Oti•D 1 e e q 4;o •ihk StEe.-,Ilac*"..V c....h.1 - (1 1.1 0 -0 (4 1,4 ° ur11.P.:t. 4143 v.FY Ekt""Mi 1, Kimball -Community p t° rr-177-N,T, D 0 ,Preiy . e3 El Toon rt3 9 643.c3 ON% • CP Ex.r.ro.ry El P.11k • :11450Cr 1.""""' 1153. El Topa' n Community MI. fp R cx. 9383 ri4d3' • 6:-1g4 .1 0 Ear -At I rtitig0.; 19 4 as TA cetEl;f9 . :?* aapb to` liArnm; e * - .6m. C'' ..4.4."'' 11'3 -..-.s., • . my I.• - • • , en et `' dDr.2 15 °P .1. 0 ei -.7 ' • 0 53 Ei Est% c ar 0 I-7i, 43 ..51r, c 13 13 5 87 r.: Palmer Way 1, .. • -.0 013irmenlAr.1 11 r_ f.e.T401:0.5374. ..a, . :43 lig ' a co ,, • . .1 :,77-, e i3 -lecthe EBB 1100:431.0, 1/41 -Torilpwai,L3Rf .-.7Las ' ..c. .thr.ht.rb. , Patilias.,Commanity , t ,Ele.mearIsiy tp. P*1..... FZ61:10C1 (Et CO c r e 5 23 M3 Cr — 3 c* T620-04. j -0 1 ete. flog-601c I , oclia—Netc:9 LE— : CIP ' -• r=rid Q-413 e Tj. 'th.--'' Lt.i.:::, tt,A3.30:0 ir • - - 0•. man J tr.wernewlw id:r 53 ikk co .0. '• i, I... Ey L .0 c a •• ...., lutl's Z. — Prove . • park 0 . H r .e • a o elincoln Arra. Flairontary "e,tra C.nacly•lor rfl SRTS Improvements • Casa A Truncated Domes . • NIVring Sidewalk Indalistkn • CH.I 51thweallt. hem:nal Ir Rspkicerient !NI mkang sidiwaa Fnetelta eon we tJIMIrs. Walk Time From Rho,* IL mlle1 Attachment D 1 129 of 288 National City SRTS Pedestrian Enhancements Preliminary Assessment WI :Xi 4 :►fir. 81.. d5 n SRTS Recommendations RRFB Cub &tension Curb Externlen Curb E.ttrvlen C.m..r.1k Crnuw.lk Cream -walk Ione ccrrre4 ih+o terncr.! boor oorr, r) two wrrerq Imren corner.) fruurcomer.) 8th Street Transit Station {8�p a Cri e a . 0 '3 11 ' a it 51. RI. '1 SRTS €mprovements [r taseA • Case B Numb",OVA! leni ' 24 al25-12 ©r9 W.! "MI 1 Truncated Sidewalk Mining Al is, ing Dames w Ramo-48 — Sidewalk — Sidawelk Irplsean.rd Installation Inat.lrllon w! UBBtks Walk Trine Iran Scheer it nee] Kimball Community 5choai Central Elementary John A. Otis Elementary National City Meddle Mlmeatl Elementary u m ;_• 22 42 2 32 14 37 3 29 1� + 13 38 4 29 25 10 15 1 12 'Collisions Within 1O•min (112 Mile) Walk Time from Schools bA� Pedestrian-132 tt' rJ Bicyclist- 59 NGNI71111en 130 of 288 National City SRTS Pedestrian Enhancements Preliminary Assessment Future South Bay Bus Rapid Transit Station C`r y $ : r�p cB 1 (),.7:c ,n4----z PM.it.n 0 mp --,-- - ' 41 P.Im.r ENm.ntary �—. `,lVoti41%64r. FRaf`' �D a la 0 `-i eranpn : $�B.5 7k!7/0 �r .7unlor y i..o . o f{i$31' -Z. e - -u- = 0,4r0,1, .Ss w t (') F Akla rn' .3 II> QKe1' B01;615 I attar vam.nr: , F '$rs$iosa. ------... 3o CiLrrwn a Fare. ..I_ - ._ rn -on0 y.ir-.nil , 4.FY,ag4 a7 ,z nln .rf ,-.ire rails .ram` Ll '�y !S[r 41D �" iS j r7,�m..arnry 'h F8Dr,c - igaor. ^ Sans.Ow 3 &7 55 133 Qicc'• r, Oairw• Jj SRTS Recommendations SRTS Improvements RPM Curb Intension Curb Ewnl.n Costs atnvlen Cm rwalir Crosswalk Crosswalk Ion. Germ{ *no purer.} s.scornea) Itwocarrerrl (tors eomrrl (fouresmr.i r![araA Tfurated amwr mommordIbMWOM su•mos e UMwrrq RewOt'M 6 — ildanaP Raplrmment Installation ?Amino sb}waalk Iruolatlnn we La1Hu Was now enm setrmia n mlel. Las Palmas Community School fa /2 o Olivewood Elementary, - Las Palmas Elementary Granger Junior High L;ncoln Acres Elementary III15 25 4 21 12 14 2 4 19 7 12 1 13 15 9 7 1 11 *Collisions Within 1n-mtn 1112 Mile) Walk Time from Schools + y� Pedestrian- 58 Bicyclist., 42 131 of 288 National City SRTS Pedestrian Enhancements Preliminary Assessment NAT rr f 1 . l e t.., ,,,,..„..t. to i � l,,o, ..0 A. °" ,' tg W Fr,.at 11%.4, st `7' .. . tb. •. ' *, .t4:42- y a .. *jab «' I' Cb i R ri ; a e13' Q �B 00 Future South tl "° It w *,2 % '0 Ray Bus Rapid q N .0 a ri Transtt Station 8$ o MI 5• IA* at C 4� to �r. IFi n ° V t' ° Noss Mod nog LI O Palms!' Vale 11 _° B•nerdry A(p1 m ' "ha- On 3 e212, Miller of Galllldaf• 424 Q25- ew 0 SRTS Recommendations SRTS Improvements • Clue CY• e *amp se � Sidewalk Missing k9adnp (lames Roma 6 — SWvalh — Varna Rap/mamma 6/JWleldatl Installation vd Mlles twl►Trn from sciwal. finale) Et Toyon Community c 4a so a Schad F v m u a 8 a Palmer Way Elementary 13 7 16 2 15 El Tay°n Elementary 17 6 11 1 10 Uncoln Acres Elementary 15 6 7 1 11 Ira Harbison Elementary 6 2 4 1 3 *Colllsigns WIthtn ,0-min 41/2 Mlle) Walk TFme horn Schools •4( Pedestrian- 36 Bicyclist- 23 Ii®GIw911t V 132 of 288 GRANT AGREEMENT TEMPLATE — FOR INFORMATION ONLY [SELECT APPLICABLE PROGRAM: TransNet SMART GROWTH INCENTIVE GRANT PROGRAM OR TransNetACTIVE TRANSPORTATION GRANT PROGRAM] THIRD FUNDING CYCLE GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCY/JURISDICTION NAME'. REGARDING [INSERT FULL PROJECT TifL-E] THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agree lent) is made this [Day] day of [Month], 2015, by and between the San Diego Association otGovernrn nts, 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAG,and'the [Gran't!ipient and Address], hereinafter referred to as Grantee. This agreement expifes on [Month] [Day], [Year]. Note to Grant Recipient: This Agreement Tem ,ate covers piaowisions foilkoth the SGIP and ATGP. Prior to contract execution, the Grant Agreemeh`t will be tailorad_to reflect the applicable grant program. Note to SANDAG Contracts Staff:: Pror to internal routing, references to SGIP and ATGP should be updated as applicable.: `•�,.. N1 The following recitals are a substantive pail of this Agreement Note to SANDAG Contract Staff: Select Other. 4GIP Recitals or ATGP Recitals. • Smart Growth Incentive Prog aqm (SLIP) Redtals (A — J): A. The SANDAG Boarcl of DireCtors1.allocates fulgds under the TransNet local sales tax program to support local transp,.-tatfon-related infrastructure projects in the San Diego region through a competitive process. ' • B. . fhe TransNet Extepsion Ord1ttance contains provisions to fund the Smart Growth Incentive \-, `Program {SGIP), wiih funding,egan on April 1, 200B. The SGIP encompasses projects that better. integrate transpo pation aid land use and recognizes the comprehensive effort to interate smart growth place making, access to transit, and environmental justice. C. In Janu412010, the'SANDAG Board of Directors approved Board Policy No. 035 — Competitive Grant ProgPim Procedures (Board Policy No. 035), which is included as Attachment B. This Grant Award, J c reernent and the Grantee's performance thereunder are subject to Board Policy No.35, which includes multiple "use it or lose it" provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number]. E. On December 19, 2014, SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the TransNet SGIP funds for use on capital improvement and planning projects meeting certain criteria. 12 133 of 288 F. Grantee successfully applied for TransNetSGIP funding for the [Insert Project Name], as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital G, below. G. Grantee's Project is funded with [insert dollar amount] in TransNet SGIP funds and the TransNet MPO ID for the Project is [insert ID number]. !�. The purpose of this Agreement is to establish the terms and. -Conditions for SANDAG to provide Grantee with funding to implement the Project.:' 1 i. Although SANDAG will be providing financial assistance -to Grantee to support the Project, SANDAG will not take an active role or retain sub5t+antial control of fhtProject. Therefore, this Agreement is characterized as a funding atfreeirient rather than a cooperative agreement. J. Grantee understands that TransNet funds derive frq,m retail transactions and use tax revenues which fluctuate. SANDAG's funding, commitment to $9P:Projects, including this Project, is subject to these fluctuations, whi lh may impact funding railability for this Project. Active Transportation Grant Program`{ATGP) Rec]itals..(A - L):... A. The SANDAG Board of Directors allocates: fundsAundertke.TransNet local sales tax program and the TransportatatinDevelopment A t frp j'to support1ocal bicycle and pedestrian transportation prgjects-iri`the San Diego`rpgfon through a competitive process. B. The TransNet Extension Ordinance contains'provisions to fund the Bicycle, Pedestrian, and Neighborhood Sa Pro am (BPNSP.), whit funding began on July 1, 2008. The BPNSP encompasses_bicycle aTEI pedestrian-travel projects and recognizes the comprehensive effort to _Me -grate smart.growth place making; access to transit and environmental justice. C'. ' Article 3 of the TDA? provides'# riding for Bicycle and Pedestrian Facilities and Programs. D. T ether the TransNet BPNSP and TDA Article 3 funding are commonly referred to as the SADAG Active Transportation Grant Program (ATGP). E. In January,,2010, th SANDAG Board of Directors approved Board Policy No. 035 - Competitive Grant Progra -I Procedures (Board Policy No. 035), which is included as Attachment B. This Grant Award,reement and the Grantee's performance thereunder are subject to Board Policy No. 035, which includes multiple"use it or lose it" provisions. F. The SANDAG Board of Directors approved programming of approximately $3 million in both TransNet and TDA funds on December 19, 2014, by Resolution Number [insert Resolution Number]. G. On [December 19, 2014], SANDAG issued a CaII for Projects from local jurisdictions in San Diego County wishing to apply for SANDAG ATGP funds for use on capital improvement and planning projects meeting certain criteria. 13 134 of 288 H. Grantee successfully applied for ATGP Funding for the [insert Project Name] (Project), as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal routing, obtain from SANDAG Finance and Planning staff the TDA Claim Number or TransNet MPO ID required to complete Recital 1, below. I. Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in TransNet BPNSP funds and [insert doiiar amouptt] in TDA funds, and the TransNet MPO ID for the Project is [insert ID number] and theA.Ciairrn Number is [insert claim number]. J. The purpose of this Agreement is to establish the terms arid.co4ipons for SANDAG to provide Grantee with funding to implement the Pr. ject.' K. Although SANDAG will be providing financial.ass+stance to Grantee to support the Project, SANDAG will not take an active role or retain ssubstantial co xtrol of the Proj#tt. Therefore, this Agreement is characterized as a funding ag're rnent,rdtherthan a cooperative agreement. L. Grantee understands that Trans N t funds.derive from retail transactions and use tax revenues which fluctuate. SANDAG funding Comm, tment to ATGP P{ojects, including this Project, is subject to these fluctuations, which 11ay impact funding availability for this Project. NOW, THEREFORE, it is agreed,. as follows: 4. DEFINITIONS . 1 A. Application. The`signed anldated grant application, including any amendment thereto, with all explanato`xy`supp .rting, andsuppleimentary documents filed with SANDAG by or on behalf of the Granteelnd accepted.4ranproved by SANDAG. Ail of Grantee's application materials, not b-conflict vith this Agreement, are hereby incorporated into this Agreement a though fullyset forth herein. B. 'N pproval, AuthoriNatton, CotacUrrence, Waiver. A written statement (transmitted in typewritten hard copy,or electronically) of a SANDAG official authorized to permit the Grantee t to take or orr*t an action required by this Agreement, which action may not be taken or omitted without#eh written permission. Except to the extent that SANDAG determines otherwise'in writing,.such approval, authorization, concurrence, or waiver permitting the performanc ' r 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. Note to Grant Recipient: Only the applicable grant program will be referenced here. 14 135 of 288 Note to SANDAG Contracts Staff: Choose the appropriate program here. D. [SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP.] OR [ATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds.] E. Grantee. The local jurisdiction that is the recipient of [SGIP or ATGP] funding under this Agreement. F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with ail or a portion of the work describes" 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 Peoceed, G. Subgrantee, Any contractor or consultant, at any tier{.Maid ditactly or indirectly with funds flowing from this Agreement for the Project. II. PROJECT IMPLEMENTATION A. General. The Grantee agrees to carry out theN 1. Project Description. Grantee agrees to Scope of Work included as ttachmentA t oject as follows: perfo m the work as described in the 2. Effective Date. The effective date this AgreementOr any amendment hereto is the date on which this Agreemeniter.an arren iment.is fully`executed, The Grantee agrees to undertake Project work prom by after r'eceiui ig a -Notice to Proceed from SANDAG. 3, Grantee's pac_ity:. The Grantee,ag6es to maintain or acquire sufficient legal, financial,'fechnical, aid managerial•; capacity to: (a) plan, manage, and complete the Project an i ;provide for the use of any Project property; (b) carry out the safety and security asps of Vie Project; and (c) omply with the terms of the Agreement and all • applicable laws,_regulation`;-and.policies pertaining to the Project and the Grantee, including but nalinitted to the'Da(01Vet Extension Ordinance and Board Policy No. fl35`�-. `• Project Schedule. The ntee agrees to complete the Project according to the Project ScheduI included in Attachment A and in compliance with Board Policy \ No. 035, as amended, and included as Attachment B. 5. Prbject.Implen entation and Oversight. Grantee agrees to comply with the Projettjmpferrientation and Oversight Requirements, included as Attachment C, and Board Poitcy.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 [SLIP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in loss of funding. if Grantee knows or should have known that substantive changes to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. 15 136 of 288 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [SGIP or ATGP] and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have [SGIP or ATGP] Funding withheld from Grantee, or refunded to SANDAG, due to Grantee's failure to satisfactorily complete the Project or due to substantive changes to the Project. 7. Media and Community Outreach Coordination. The Grantee agrees notify SANDAG of any media and community outreach efforts, including presentations to community groups, other agencies, and elected officials. The grantee agrees to assist SANDAG with media or community events related to tieProject, such as ground breaking and ribbon cutting. Press materials shall beirovided to SANDAG staff before they are distributed. SANDAL logo(s) should be iruded,iri:press materials and other project collateral, but may never be included in Stich docuthents without advance approval from SANDAG. As part of the quarterly reports submitted:to SANDAG}.the Grantee grees to provide project milestone information to support°iedia anc iomrnunications efforts, SANDAG reserves the right to use the information pro ided)ty the Grantee for any combination of the following, including but not limited topcia1 media posts, online photo albums, videos, press releases, PowefPvin't.presentations,web updates, newsletters, and testimonials. In submitting p' ofts to SANDAG, the 3 antee agrees to release the rights of the photos to SANDAG forts use . 8. Project Signage and Designatjon of T nsiJetFunded Facilities. Each capital project in ex5efs of $250,000 fundgd in Thole or in part by revenues from the TransNet Extension, rdinance, hall be clearly,,designated during its construction or implemejitation as berg provided by revenues from the TransNet Extension Ordinance. Grantee agr s to. iow the Project Signage Specifications. SANDAG will provide sign specifications. rant-eeagrees tQ follow'sign specifications and submit proof files to SANDAG for apprb ral before pririting Baseline Dta Collei41 For capital projects, Grantee is required to coordinate with SANDAG staffsi :the dev p"ment of a baseline data collection plan in accordance with the Project Implementation and Oversight Requirements. B. Applic'aon of LawS Should a federal or state law pre-empt a local law, regulation, or the TransNet'E,tension rdinance, the Grantee must comply with the federal or state law and implementirig,regu]ations. 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. 4. �. 16 137 of 288 C. Notice Regarding Prevailing Wages. SANDAG's [SGIP or ATGP] Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, California law may require that Grantee's public works projects pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly encouraged Grantee to seek legal counsel regarding whether the Project will be subject to prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances as applicable. D. Significant Participation by a Subgrantee. Although the , rantee 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 far'compla.once with all applicable laws, regulations, and this Agreement. E. Third Party Contracting. Grantee shall not avr8rd contracts over three:thousand dollars ($3,000) on the basis of a noncompetitive prgiurement for work to be pelormed under this Agreement without the prior written approvail SANDAG-Contracts award ,d by Grantee, if intended as local match credit, must meet the r qub`remtsset forth in this Agreement regarding local match funds. 1. If Grantee hires a consultantto Barry out professional services funded under this Agreement, Grantee shall`.Nerepa`re-. nIndependen ost Estimate (ICE) prior to soliciting proposals; publicly`advertise'forcvmpeting proposals for the work; use cost as an evaluation factor Pi, selectinit-he con ultant; document a Record of Negotiati(RON) establishing,tha,te amount paid by Grantee for the consultant service is.fair anrd. reasonable; s' d pass through the relevant obligations in this Agreement to the onsultant. 2. If Grantee.;hiresa`contractor to carry out construction services funded under this Agreement;-rantee shall: -prepare an ICE (e.g., a construction cost estimate) prior to soliciting ..bids,'p:ublicly advertisHor competing bids for the work; award the work to the Iow strespons ve and responsible bidder; document a RON establishing that the amount pad by Grantee for the construction services is fair and reasonable; and pass throuq'h the relevant obligations in this Agreement to the contractor. F. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entlt!es:Affected. Grantee agrees to take appropriate measures necessary to ensure that al1Trolect participants comply with all applicable federal laws, regulations, and policies afecting Project implementation. In addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a 17 138 of 288 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Fiowdown. 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 withAte Project, the Grantee agrees that SANDAG sha!l not be subject to any obligations crAl b ;hies to any subgrantee, lessee, third -party contractor, or other person or entity thatfs not a party to the Agreement for the Project. Notwithstanding that SANDAG may have'onciurred in or approved any solicitation, subagreement, lease, or third -party contras at any ter, 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,flotify SANDAGIrnrr]ediately, in writing, of any change in local law, conditions (inr4uding°fts legal, financial, or -technical capacity), or any other event that may adversely affthe Grantee's ability to perform the Project in accordance with the tees of. the Agreemen nd,as required by Board Policy No. 035, The Grantee also agrees o rriatifiSANDAG immediately, in writing, of any current or prospective major dispute, breach, default,-or]itigation tha`t`tay adversely affect SANDAG's interests in the Project and agrees t ;inform S NDAG also in writing, before naming SANDAG as a party to litigation for anyreason,..i an Brut i; At a minimum, the Grantee agrees to send each-noticeto.SANDAG required by this subsection to SANDAG's Office of General CounseL- Standard of Caere. The Graptee expressly warrants that the work to be performed pursuant to this Agreement ail 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 tine Scope ofWork, it is understood to be conceptual approval only and does not ,relieve the G ante of resi oisibility for complying with all laws, codes, industry standards, f and liability for damages causby negligent acts, errors, omissions, noncompliance with industry standards, or, the willful misconduct of the Grantee or its subgrantees. ETHICS A. Grantee Code of/Conduct/Standards of Conduct. The Grantee agrees to maintain a written code`if conduct or standards of conduct that shall govern the actions of its officers, employees, cou'ncil or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with [SG!P or ATGP] Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de miniimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective 18 139 of 288 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 [SGIP pf} TGP] Funding if a real or apparent conflict of interest would be involved. Such alt'`c)nfirct would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that etipioys or intends to employ, any of the parties listed herein has a financial interest.ini.firm cor%eting for award. 2. Organizational Conflicts of Interest. The Grantee agrees that 4ts code of conduct or standards of conduct shall include procdures for identifying and *venting real and apparent organizational conflicts of interest.; An organizational confliof 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-par't contractor or subgrantee or impair its objectivity in performing i3e.ed .tractw ork. yi�TlS �.i B. SANDAG Code of Conduct. SANDAGi.has established -policies concerning potential conflicts of interest. These policies apply to Grantee. Fo li avvar.ds by SANDAG, any practices which might result in unI Wfu1 activity are prohibited including,'but not limited to, rebates, kickbacks, or other tnlawfttl considerations. SANDAG staff members are specifically prohibited froi' participating in the selethip process when those staff have a close personal relationship, fartiikrelatior}5hip,-or past (within the last 12 months), present, or potential business or employ ent r‘latioris '1 w1th a Re=.son or business entity seeking a contract with SANDAG: itis-unlawf li €arany contract,,to be made by SANDAG if any individual Beard merber or staff has a prohibited f nanciai interest in the contract. Staff are also ,Prohibited fromi`spliciting o ccepting gratuities from any organization seeking funding from SANDAG. SANDAG S officers, eh ployees, agents, and Board members shall not solicit or accept gifts, gratuitie'ss favors, or`anything of monetary value from consultants, potential contants, or parties.to subagreements. By signing this Agreement, Grantee affirms that it has nd,knowledge oflan ethical violation by SANDAG staff or Grantee. If Grantee has any reason td believe a;conflict of interest exists with regard to the Agreement or the Project, it should notily,theANDAG Office of General Counsel immediately. C. Bonus or Comkssion. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its [SGIP or ATGP] Funding application for the Project. D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including, but not limited to, the Grantee's grant application, progress reports and invoices. 19 140 of 288 IV. AMOUNT OF FUNDING ASSISTANCE The Grantee agrees that SANDAG will provide [SGIP or ATGP] Funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $ _ ; or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is percent (_%). SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application for funding from SANDAG for the Project is the amount that forms the basis upon which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SANDAG Participation. V. MATCHING FUNDS Grantee has proposed to provide matching funds for the Project and therefore agrees as follows: A. Duty to Obtain Matching Funds. The Grantee,arees to provide sufficient funds or approved in -kind resources, together with the,$GIP or ATGP] Funding'asnrarded, that will assure payment of the actual cost of each Project activity covered by this Areement. The amount of matching funds and percentage(s) o'•.tnatching unds Grantee sha11 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 drbbe#ore 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 prompJly.as it incurs Project costs or Project costs become due. Each of Grantee's invsic-es must includitsproMFata tnatchi,ng fund contribution as reflected in the Approved Project Budget, along wit supporting, descriptive and/or explanatory documentation-4or.the matching funds prgvided. C. Reduction of M thing !Ands. The Grantee agrees that no refund or reduction of the amount of matchin ,funds may -be mane.0 nie¢s, at the same time, a reduction of the pro rtionai amount of the [SGIP or AT Pj Funding provided is made to SANDAG in order to maintain the iaxirnum Pcentage(s) of SANDAG Participation. VI. < APPROVED PROJET BUDGET•, Except tb,the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantk.and SANDAG hive 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`theApproved Project Budget, An amendment to the Approved Project Budget requires the issuanceof 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 [SGIP or ATGP] Funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Priorwritten SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. 20 141 of 288 VII. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amount jugtified by the matching share previously provided. or 2. Take any action that would cause the proportion of ESGP or ATGP] Funding made available to the Project at any time to exceed the. -percent ge authorized by the Agreement for the Project. t• B. Payment by SANDAG. Upon receiving a request for payment and adequate supporting information, SANDAG will make payment, [dr.for projects with TDA fund ng4 authorize the County of San Diego to make payment] for eligible amounts to Grantee withinthirty (30) days if Grantee has complied with the requirements of the,Agreement, including submission of a Quarterly Report which is included as Attachmentp, has satisfied SANDAG that the [SGIP or ATGP] Funding requested.,is weeded for Projectpurposes in that requisition period, and is making adequate progress tkward Project -completion consistent with Board Policy No. 035. After the Grantee has demonstrated sate factory com13lance with the preceding requirements, SANDAG may reimburs the Granthe's apparent allowable costs incurred consistent with the A#Sproved Project B' dget. SA#N1DAG slia'11 retain ten percent (10%) from the amounts invoiced unta.,satisfactory cirhpletion of work. SANDAG shall promptly release retention amgdnts to Grange following drantee's satisfactory completion of work and receipt of Grar t e's final invoiceand all rec tred documentation. C. Eligible Costs. The-Gfaritee agrccy t} at Project costs eligible for [SGIP or ATGP] Funding mu. t.Lomply with the following requirements, unless SANDAG determines otherwise in Wilting. To be eligible for 're bursement, Project costs must be: . 1. Consistent wilt the Projett Scope of Work, the Approved Project Budget, and other provisions of tti Agreement. 2. necessary in order to accomplish the Project. 3. Reasbtabiefor the goods or services purchased. 4. Actual netcosts to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). 5. Incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG. 21 142 of 288 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGIP or ATGP]. 9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the following documentation as part of the grant applicatio 4nateriais: (1) an indirect cost allocation audit approved by a qualified independen »auditor or (2) the applicant's proposed method for allocating indirect costs in accorda:nce.with OMB guidelines. Indirect cost allocation plans must be reviewed aid renewgd annually. 10. Project generated revenue realized by the Grantee shall be utilised in support of the Project. Project generated revenue and,e Cpenditures, if any, shall a reported at the end of the Agreement period. D. Excluded Costs 1. In determining the amount f [SG:I:P or ATGP] Funding..SANDAG will provide for the Project, SANDAG will exclude: ':7',_. ' , ' `a a. Any Project cost incurre&,by the Grantee before either the date SANDAG issues a Notice to Proceed to Graril[ee or the.tffectw e Date of the Agreement or any Amelent thereto; �''. . n x b. Apy cost that is`not included it? the latest Approved Project Budget; = 1 c. Any east for ppOjeCf. property or seryces received in connection with a subagre eiit, lease,-t ird arty contract, or other arrangement that is required to be, but has not been, soured in or approved in writing by SANDAG; and d. Any cost ineligible for SANDAG participation as provided by applicable laws, regulatns;or polices. 2. . Certain costs at tames associated with bicycle and pedestrian projects are not eligible mien the benefit provided is not the exclusive use of bicyclists or pedestrians. These instances are listed below. a. Cat b 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. 22 143 of 288 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 wil! 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 #or any Project cost does not constitute SANDAG's final decision about whether thattost is allowable and eligible for payment under the Project and does not constitute a waxier ofany violation by the Grantee of the terms of the Agreement for the Project or Board. olicy Na, 035. The Grantee acknowledges that SANDAG will not make a final determination abutthe ailowability and eligibility of any cost until the final payment has/been made on the Pi=bfect or the results of an audit of the Project requested by SANDAQ,Or its Independent Taxpaye'W. Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion`ofthef5G1Por ATGP] Funding requested or paid, SANDAG will notify the Grantee in writing, statg its reasons. The Grantee agrees that Project closeout will not alter the; rantee's responsibili'ty�to return any funds due to SANDAG as a result of later refunds, correc4dras; erftrmance deficlencres, or other similar actions; nor will Project closeout alter SANDAG'`s;:right tordtsallow..costs and recover funds provided for the Project on the basis of a later audit oh aher review. Uponnotifitation to the Grantee that specific amounts are owwd to SANDA kwhetherffor'etess payments of [SG!P or ATGP] Funding, disallowed costs, or funds recoyeredfroin third parties or elsewhere, the Grantee agrees to promptly remit `. SANDAG theamounts owed, including applicable interest, penalties and lrninistrative(charges. `1 Vfll. ACCOUNTING RECORDS In compliance with applicable laws, regulations, -and policies, the Grantee agrees as follows: A. Project Accovirett,.The Grantee agrees to establish and maintain for the Project either d eparate set of accoopts•ar separate accounts within the framework of an established unting 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 accoung documents related in whole or in part to the Project so that they may be clearly identified; readily.4ccessible, 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. 23 144 of 288 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,Gr-antee 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•,ts authorizeddfepresentatives,_upon request, to inspect all Project work, materials, payrolls, ancligther da,t4i, 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 t r gree ent. F. Quarterly Reports. Grantee shall sub\rnit writteil.-quarterly reports to SANDAG detailing the progress of its work, expenditures inc reel, anc nforrriatjon regarding whether the Project is projected to be co npleted. riwithin the Iimits4f the Approved Project Budget, Project Schedule, and canslsltent with Board Policy No. 035 and any policy amendments thereto. Grantee shall document the progress and results of work performed under this Agreement to th . atisfactjrn'ef SANDAG. Th s`includes progress and final reports, plans. specifications, estimates, and other ev!dence isf'attainment of the Agreement objectives, whiuh-are requested bySANDAG or l OC. Grantee may be required to attend meetings of SANDAG-staff and commitiees., including but not limited to ITOC, the Regional Planning 'Committee, the twspprtatioti Committee, and the SANDAG Board of Directors, to report on `:its progress and resppnd to queions. G. i`c'rrkmunities 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 an conomico.pulations in the area affected by the Project, and associated smart growth dates. X. Project Completion, Audit, Settlement. and Closeout . Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. 24 145 of 288 B. Project Audit. Note to Grant Recipient: Only the applicable sections will be included. Note to SANDAG Contracts Staff: Please choose the appropriate: For TransNet-funded projects: The Grantee agrees to have financial and compliance audits perfr3rmed as 5ANDAG may require consistent with the TransNet Extension Ordinance. Th '`Grantee agrees that Project closeout will not alter the Grantee's audit responsibilities. #uditcosts are allowable Project costs. • For TDA-funded projects: The Grantee agrees to have financial and compliance audits performed'SANDAG may require consistent with Public Utilities Code Section 99245, far TDA funds, a d consistent with the TransNet Extension Ordinance for TransNet funds. Tle{Grantee agrees tha\t,Project closeout will not alter the Grantee's audit responsibilities. Audit costs are allowable Project costs. C. Performance Audit. The Granteevgrees:ip c«operate with SANDAG or ITOC with regard to any performance audit that is perfo ed on the PrQj;ect pursuant to the TransNet Ordinance. D. Project Closeout. Project_c loseout oca'kcrrswher SANDAG:riotifies the Grantee that SANDAG has closed the Project, and, if applicable, either forwards the final [5G[P or ATGP] Funding payment and oradcnowIedges that the Grantee has remitted the proper refund. The Grantee agrees that Prbjgctcloseoutby5ANDAG dc1 s not invalidate any continuing requirements impoCed by the Agreement/or a- y unmet requirements set forth in a written notification from SANDAG. E. Pritiject-ilse,krar tee was;awarded this Agreement based on representations in its grant (.application regaling the Proer:~i,'s intended use. If the Project is a capital project, Grantee `; hereby commits to tpntinued use bf the Project for the purposes stated in its application for a Period of at least fivetyears after completion of construction. SANDAG may require Grantee to grid SGIP fundini provided for the Project in the event Grantee fails to utilize the Project or 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. 25 146 of 288 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 !nformationa! 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 suspendor terminate all or any part of the [SGIP or ATGP] Funding to be provided for the Pr9rect)f.the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or ifSANDAG determines that the purpose of the laws or policies authorizing the Project yvouid`t be adequately served by the continuation of ]SGIP or ATGP] Funding for the Protect.,;,..;' D. In general, termination of [SGIP or ATGP] Funding for the Project will hot invalidate obligations properly incurred by the Granteefore the termination dateo the extent those obligations cannot be canceled. If, however, SAIVDAG determines that the Gintee has willfully misused [SGIP or ATGP] Funding by failirtg.tomake adequate progress, or failing to comply with the terms of the Agreement, SANDAL ie$erves the right to require the Grantee to refund to SANDAG the entire atnaunt.of [SGIP or AtCP1 Funding provided for the Project or any lesser amount as SANDAG ritaYtieterinine. E. Expiration of any Project time period5established-iri th- Project'Schedule will not, by itself, automatically constitute an expiration s`termin'a'�tiorratthe Agreement for the Project, however, Grantee mtitt request and SANDA i'may agree to amend the Agreement in writing if the Project Scihedule-wiH•{lot be met. An amendment to the Project Schedule may be made at SANDAG`s discretion if Grlintee's request is consistent with the provisions of Board Policy No.035. XII. CIVIL RIGHTS The Grantee agrees to comply Wi#hail applicable civil rights laws, regulations and policies and shall inclytie the provisions otth s Sectirirj 12 in each subagreement, lease, third party contract or other legally;binding document` perform'ork funded by this Agreement. Applicable civil rights laws, regulations and policies incl de, but are not limited to, the following: A. Nonclitcriinination,:'SANDAG implements its programs without regard to income level, disability t ce, coleii, and national origin in compliance with the Americans with Disabilities Act and TitleVI.o# the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the pub1 of their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. Grantee must notify SANDAG immediately if a complaint is lodged that relates to the Project or program funded by this grant. B. Equal Employment Opportunity. During the performance of this Agreement, Grantee and all of its subcontractors: if any, shall not unlawfully discriminate, harass; or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, 26 147 of 288 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 reguiations of the Fair Employment and HousingCommission implementing California Government Code Section 12990 (a-f), set forth in Ci tptet 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into.ttris 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 labor organizations with which they have a collective bargaining or other agreement. XIII. OWNERSHIP OF WORK PRODUCT ' SANDAG shall own any deliverables created in whom Orin part/for SANDAG'sbenefit pursuant to the Scope of Work for the Project. The term "delivetables° includes, but is not limited to, all original drawings, reports, photos, and other documents,Nificluding detailed calculations and other work product developed for the Projec# rservices performed,on the Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement sh 11'be inte4reted in accordance with the laws of the State of California. �. B. Dispute Resolution Procs. 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 writin .to cease or�mance. The dispute resolutionprocess for disputes arising f... e p p under this Agreerrie shial be as'folIows ' - r-arite shall submit, a statement of the grounds for the dispute, including all pertinen`ates, names of persons involved, and supporting documentation, to SANDAG's Project Manager.,The Project Manager and other appropriate SANDAG staff will review the_documenta\ion in a timely manner and reply to Grantee within twenty (20) calendar gays, Upon receipt of an adverse decision by SANDAG, Grantee may 'submit a requyst.for reconsideration to SANDAG's Executive Director. The request for re&nsiderati6n Must be received within ten (10) calendar days from the postmark date of SADAG'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. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGLP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. 27 148 of 288 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.Movation) this Agreement or any rights under or interest in this Agreement. XVI. INSURANCE Grantee shall procure and maintain during the period offperformance 'pf this Agreement, and for twelve (12) months following completion, policies/".of insurance frOnl 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 $ ,f OG OOO per occurrence a▪ nd $2,000,000 general aggregate for personal anti bodily injury, in▪ c udirig death, and broad form property damage. The policy must incluc(e .an acceptable "Waiver' of Transfer Rights of Recovery Against Others Endorsement." The:pol y.. ust name SAN G'as an additional insured in the endorsement. A deductible or reteritjon may b utilized, subject to approval by SANDAG. r f B. Automobile Liiability.Sor personal aqd bodijyn)u'ry;-mOuding death, and property damage in an amount not jegg than.$1,000,000. \ ..... C. Workers' Con pen. sation and Employer's .Liability. Policy must comply with the laws of the State of Ca1irornia. The pricy must irilude an acceptable "Waiver of Right to Recover From Others Endor'se,rent4 namJj g SANpAG\rs an additional insured. D. bier Pegluiremrents.`£rantee shall furbish satisfactory proof by one or more certificates }.(irigirial coaie-'s).zhat it ha .,the.foregoing insurance. The insurance shall be provided by an acceptable insurance provider, asdetermined by SANDAG, which satisfies the following i- in►imurn requirements: 1.Ari insurance carrier qualified to do business in California and maintaining an agent for srvice of profess within the state. Such insurance carrier shall maintain a current A.M est rating classification of "A-" or better, and a financial size of "$10 million to $24 mi loon (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 thirty 28 149 of 288 (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. XVII. INDEMNIFICATION AND HOLD HARMLESS A. Generally. With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevailing wage claims against the Project, asserted or established liability for damages or injuries to any person or property, includir!gAdiy to the Grantee's or its subgrantees' employees, agents, or officers, which arise fr46rn or are connected with or are caused or claimed to be caused by the negligent, reckless; orL,wi1Itul acts or omissions of the Grantee and its subgrantees and their agents, officers,` r.employces, in performing the work or services herein, and all expenses of investigatg and defending against same, including attorney fees and costs; provided, however, tbet. the Grantee's duty`p indemnify and hold • harmless shall not include any claims or lial4ty arising from the establithed sole negligence or willful misconduct of SANDAG, its Board of threctors, ants, officers, or employees. B. Intellectual Property. Upon request by SANDA{tl•3e Grantee agrees to indemnify, save, and hold harmless SANDAG and it-s ;Board of Directors; fficers, agents, and employees acting within the scope of their official At ti. s against any liab{lity,including costs and expenses, resulting from any willful or int t ona1=44oiation by thy, Grantee of proprietary rights, copyrights, or right of privacy, arisjtig out Ci -the 'publicatiGn; 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. t, XVIII. INDEPENDEN1'DNTRACTbR _ A. Status of Grantee: ranitee shallperfoem ,the services provided for within this Agreement as an .independent contras pr, and not as ag.employee of SANDAL. Grantee shall be under the cntrof of SANDAG ..as to tin result to be accomplished and not the means, and shall consult with SANDAG as provided for4n the Scope of Work. The payments made to Grantee pursuant 'Ao this Agreement shp.II'be the ull and complete compensation to which Grantee is entitled. SAJ,DAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shall of be requirecii to. pay any workers' compensation insurance on behalf of Grantee. Grante ;agrees to iridernnify SANDAG for any tax, retirement contribution, social security, overtime p yment!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. 29 150 of 288 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 Iavvs 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 it.o those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. XX. PROJECT MANAGER The Grantee has assigned [INSERT PROJECT MANAGER NAME],as• the Project Manager for the Project. Project Manager continuity and experience is deemed4sserKtiai in Grantee's ability to carry out the Project in accordance with the terms of this Agre,'ernent. Grantee shall not change the Project Manager without first providing written notice to4ANDAG. �. XXI. NOTICE _ F Any notice or instrument required to be given or delivered b . this Agreemently�ay be given or delivered by depositing the same in any United States`Rpst.dffice, registered or certified, postage prepaid, addressed to: San Diego Association of Governments \� �.. 401 B Street, Suite 800 San Diego, CA 92101 Attn: Susan Baldwin / Suchi Mukherjee Grantee: [LOCAL AGENCY NAME) [LOCAL AGENCY ADtRESS] Attn: [LOCAL AGENCYNIOJECT M NAGER] Notice shall beeffectiveupon receipt thereof Noteift.'SANDAG Contracts Staff: After receiving this original agreement back from the Grwitee and before n ting tfie priginal agreement for final SANDAG 'wet" signatures, cc�:�lr vr..q:th SANDAL Finance and Planning staff that the applicable RTIP has been appro'i. 30 151 of 288 XXII. SIGNATURES The individuals executing this Agreement represent and warrant that they have and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of above. SAN DIEGO ASSOCIATION OF GOVERNMENTS [INSERT JUR!SIDICTION1 f the legal capacity the date written GARY L. GALLEGOS OR DESIGNEE ,ffuII Name] Executive Director [Title] APPROVED AS TO FORM: APPROVED' AS TO FORM: Office of General Counsel ARAI Name] [Title] 31 152 of 288 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project Description [PROJECT TYPE (DESIGN ANDIOR CONSTRUCTION, MASTER PLAN, E;.; .), !YPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET) 32 153 of 288 ATTACHMENT B BOARD POLICY NO. 035 COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy 1 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.fMint G`rept Program, Federal Transit Administration grant programs, and Active Transportatior(Gra't Program, Nothing in this Policy is intended to supersede federal Ole state grant rules, regulations, statutes, or contract documents that conflict with the requirements in this'Policy. Therese never enough government grant funds to pay for all of the projects; worthy f funding in the Ski Diego region. For this reason, SANDAG awards grant funds on a comptptiv+e basis that takes the grantees' ability to perform their proposed project on a timely basis into ac`c`ount;SANDAG intends to hold grantees accountable to the project schedules they have proposedN.order to ensure fairness in the competitive process and encourage grantees xo-get-their projects implemented quickly so that the public can benefit from the project deliverables as sdtatas'possible. Procedures 1. Project Milestone and CdiNptetion Deadlines 1.1. When `signing a;fgrant ,agreemeyt .for a competitive program funded and/or administered by SANDA , grant recipients Must agree to the project delivery objectives and schedules -in the agreerent. In addition; a grantee's proposal must contain a schedule that 15 within, the follow, 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 b'skibrnitted prior to the applicable deadline. *. 1.1.1. Fund)rig for Capital Projects. If the grant will fund a capital project, the \, project muse be completed according to the schedule provided in the grant ` greement,'but at the latest, any necessary construction contract must be awarded within .tx Q years following execution of the grant agreement, and construction mush completed within eighteen months following award of the construction contract. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be 33 154 of 288 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. ]f 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/he operations contract. If no services contract for operations is necessary, the,Operations project must commence within one year of execution of the grant agrment •.. 1.1.4 Funding for Equipment or Vehiclei Grants. If the giant will fund equipment or vehicles, the project must be complted.according to the `sedule provided in the grant agreement, but at the latest,,/.any,riecessary purchase contracts for equipment or vehicles must be awarded within one year:lollowing execulon of the grant agreement, and use of the equipment of vehidesfar 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 agiverrientS-May intiude project scopes and schedules that will identify interim milestones in those: described in Section 1 of this Policy. Grant recipients rr)agi receive extensions on -Their projett,s6edules of up to six months for good cause. Extensions --of op 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 ti Director. Extensions beyor}ti six months a negate or that would cause the project to miss a completion dead1€.e in,,Setion 1 iiiust be approved by the Poiicy Advisory Committee that has been_,delegatedAhe necessary -authority by the Board. For an extension to be granted untfer 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 irA writing tithe SANDAG Program Manager at !east 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 it •.fol]owifig 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. 34 155 of 288 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 SANDAL 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 hat were already granted extensions by the Executive Director and are again fallii;ig 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 �cument pre ions efforts undertaken to maintain the project schedule, explain the reasons for the delay, 'Ian why the delay is unavoidable, and demonstrate an ability to,st creed in the extended ti a frame the grantee proposes. The grantee must provide the net ssary inforrr ation to SANDAL staff to place in a report to the Policy Advisory Committee. W, sufficient time is available and the grant utilized TransNet funds, the request will first`#e taken to the Independent Taxpayer Advisory Committee (ITOC) for a. recommendation__ The grantee should make a representative available at the\meing-::to present information to, and/or answer questions from, the ITOC and Poliii r-Advisoty COnmittee. `. 3.3 The Policy Advisory Committee will or Iy grarit an -extension under this Section 3 for • extenuating circurr tan es that the gila,nteeeeotOd not have reasonably foreseen. 4. Resolution and execution of the Grant A9reement 4.1 Two weeks prior,to the -review by4the Policy Advisory Committee of the proposed grants, prosoective,granieesmustsubmit a resolution from their authorized governing body thjthe provisions in this Subsection 4.1. Failure to provide a resolution that meets the requirements in thi's„subsection 4.1 will result in rejection of the application and the application will:•ke dropped. f, orri consideration with funding going to the next project as stored by the eva cation committee. In order to assist grantees in meeting this resolution \deadline, when SAIVAG issues the call for projects it will allow at least 90 days for grant application submission "44,1:1. Grmntee governing body commits to providing the amount of matching funIsset forth in the grant application. 4.1.2 "Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 35 156 of 288 5. Increased Availability of Funding Under this Policy 5.1. Grant funds made available as a result of the procedures in this Policy may be awarded to the next project on the recommended project priority list from the most recent project selection process, or may be added to the funds available for the next project funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that loses funding due to failure to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applications. Adopted: January 2010 Amended: November 2014 36 157 of 288 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 grafunded improvements, the Grantee is responsible for developing a baseline data collectiprr plan with SANDAG to gather information on pedestrian and bicyclist activity. At a minuet data should be collected for observed bicycle and pedestrian volumes, behavior, and attiUIdes'in project area. Once the data collection plan is approved by SANDAG staff, the Gran* is rresponsible,fot carrying out the plan and returning collected data to SANDAG as a deliverable. Standardized 'forms required for data collection will be provided by SANDAG. Iy 4` • Grantees are encouraged to use the National Bicycle: and edestrian Documentation Project methodology and plan for the following: • Conduct counts prior to projectconstruction, during'ational Documentation Days in the second week of September. Supplerhet%tary Counts and. rveys can be conducted during t January, May, and July to provide seasonal ata,.if desired. , • Conduct counts for tysrfl_ hours, at pe@lt times relative the facility. For example, facilities attracting utilita iart trips should be c9untecl.on a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., w) rreas facilities attracting,recreational trips should be counted on a Saturday, from 9 to 11 a4n. N In the case that the abaxe tiniefrarnes are deemed infeasible due to the project schedule, the Grantee and-SANDAG wiN, collaborate -on .an alternative data collection methodology and procedyr A sLset.of Grantees maybe selected for in-depth evaluation by SANDAG, in which case, SANDAG will conduct the data collection effort`Vvith required participation from Grantee staff. Such in-depth evaluating 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 plat to budget five thousand dollars ($5,OOO) for data collection. For questions or assistance with data--1 collection, contact Christine Eary at Christine.Eary@sandag.org, or (619) 699-6928. 3. Design Development and Community Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 37 158 of 288 4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG staff may meet with the Grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: • Whether they are consistent with the Project proposed in the original grant application, and • Consistency with accepted pedestrian/bicycle facility and smart growth design standards. 5. Quarterly Reports and Invoices: Grantee must submit quarterly reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedufe. Furthermore, the Grantee agrees to provide project milestone information (such as prese ati ns to community groups, other agencies, and elected officials, ground-breakings, and ribo�=cu9gs) to support media and communications efforts. 6. Media and Community Outreach Coordination: Press materials shall beprovided to SANDAG staff before they are distributed. SANDAG logos}`should be inched in press rn terials and other s ir- project collateral. Furthermore, the grantee agreetp providproject milestonenformation to support media and communications efforts. N. 7. Photo Documentation: Grantees ate responsible for the following photo documentation: • Before and after photos, which should 'be.taken from sirilar angles to showcase how a particular area has been transformed over time. • Project milestone. hlotos (such as gro rd-breakngs and ribbon -cuttings). • Photos taken thfoughout construction phases and throughout the length of the project. Photos should belh}gh resolution_ at least 4 inches by 6 inches with a minimum of 300 pixels per inch) and contain captions . rith project descri'ptrons, dates, locations, and the names of those featured,_ i f_ approp riate: 8. Project Signage:. ach proje or program in excess of $250,000 funded in whole or in part by revenues from the Tran` et Extenskw Ordinance shall be clearly designated during its construction or i:err;entation as beitcProvide:-.by such revenues. SANDAG will provide sign specifications. Grantee' -a, rees to follow sin specifications and submit proof files to SANDAG for approval before printing. ", 9. Performance Monitpring: SANDAG staff may measure performance of the constructed capital improvements against xated project objectives, and evaluate the overall grant program. Grantee is expected to meet wiikSANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. 38 159 of 288 Planning and Non -Capital Grants 1. Contact information. Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Request for Proposals and Consultant Selection. Upon request by SANDAG, Grantee must submit consultant draft Request for Proposals to SANDAG staff for review and comment for consistency with the agreed upon Scope of Work with SANDAG (Attachment A). 3. Quarterly Reports. Grantee must submit quarterly/reports to SANDAL, detailing accomplishments in the quarter, anticipated progress nextquarter{ pending issues and actions toward resolution, and status of budget and schedule. 4. Stakeholder and Community Meetings. Grantee .must provide SANDA :with advance notice (preferably within two weeks) and agendas of al stakeholder and commu i .meetings, and a meeting summary following the meeting. SANDAG staff may at:Ond any meetings appropriate. S. Media and Community Outreach Coordination. Preksmaterials shall be provided to SANDAG staff before they are distributed. SANDAG:logo(s) should be,mcluded in press materials and other project collateral. Furthermore, the Grant. :agrees to provide, project milestone information to support media and communications effort. 6. Photo Documentation. Grantees are rep ansible,forthe (oliawing photo documentation: • Existing conditiofis p • s, which shou4d rl castrate the current conditions of the project site and demonstr6tethe nee 'for improved; facilities • Project milessope ;photos ksuch as workops, presentations to agencies, and eieted off(ciaisj. Photos sl tlld be high. resol on (at least 4-inches by 6 inches with a minimum of 300 pixels per inch) 9 id contain -c tions with project descriptions, dates, locations, and the names of those featufed, if appropriate.., \y community groups, other 39 160 of 288 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS Trar►sNei Smart Growth incentive Program and TransNet1TDA 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 PE'IDD 7. Work Accomplished This Reporting Perim [INSTRUCTIONS: Replace this text with a detail] description of work completed and •t underway during the reporting Oeriotk in a bullet forr'na1,'reference specific tasks.] Example: • Task 1 - Award -Consultant Co 1 act: JS :ied RFP-artd convened a selection panel of 5 members,,from the City, MTS, NCI and SANDAG to shortlist 3 of 9 firms. The panel intervye eo the :t1 rms and self4 Led XYZ Group for this project. The City Council approved the consiMtant contract ith XYZ Group on January 1, 2014. City staff held a kick-Off,meetinyOnTanuary 10, 2014. • Task 2 - Public ;Outreae i;. City -sta"f and XYZ Group began organizing the first avorlohop for` .is`project. Tire. rtiCipated date of the first workshop will be in the Fe- ruaryr1Ularch 14 ti meframe. • Task 3 Etc. • Task 4 — Ett 2. De &verables Produced This Reporting Period [INSTRUONS:uhtrnarize the deliverables produced during this period and indicate the date submit't ci to SANDAG. Deliverables can be submitted as an attachment to this report. See Item 5 for `i rrore details.] Example: Final RFP — Submitted in December 2014. Approved Consultant Contract and Kick -Off Meeting Notes - Submitted with this report. Please see accompanying list of attachments. 3. Is there an accompanying invoice for this period? 40 161 of 288 [INSTRUCT]ONS: Indicate YES or NO.] 4. Work Anticipated for the Next Reporting Period [INSTRUCTIONS: Replace this text with a brief description of work anticipated for the next reporting period. Also note any upcoming meetings or workshops.] S. List of Attachments • [INSTRUCTIONS: List any deliverables or invoice documents attached to this report. Attachments over 6MB should be sent via WeTransfer.] WeTransfer Link: httos:flsandag.wetransfer.com/ {4 Example: • Attachment 1: Consultant Contract `. • Attachment 2: Kick -Off Meeting Notes • Attachment 3: Invoice Spreadsheet • Attachment 4: Invoice Diitublintation • • PART 2: SCHEDULE AND TASK'STATUS 9 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�te ` Task 1 [mm/dd/yy] `A,mnin/ddlyy].. t. [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mmlddl yy] [mmlddlyy] Task 2: Policy No. 035 Milestone `h m/dd/yy] \ , . [ middlyy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mmldd/yy] [mm/dd/yy] Task 3: Policy No. 035 Milestone [mm/dd/yy] [mm/dd/yy] • [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mmldd/yy] [mm/dd/yy] 41 • 162 of 288 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 noaalon requested. Amendment requests are subject to SANDAG's approval. It is the Gran e's responsibility to ensure compliance with SANDAG Board Policy No. 035: Competitive Grant Program Pk cethresand grant agreen ent..terms and conditions. . 4 PART 4: PROJECT STATUS REPOT T SIGNATURE Prepared by Date: Project I ona er. • 42 163 of 288 iNVONglliatkiigala - - Step Complete the Quarterly Progress Rapezrt. . ._ ._. ,Reimbarsements cannot be made without a completed quarterly .Progress Report. .. „ Step 2: r Gather Docurnentatien forSt:effCpeps0.phemita htipphtra dor ColAs, a nct 54,t161r9..,!#.. .. . _ ............. PrOrAcie SANDAGwitk a copy of any consultant and contractor agreements awarded through the gran( .-- . - StaffCosts should be supported by certited pajroll documerrtation , / • Consultant costs should be supported by the consultant invoice AND a proof of payment: Thepr6otof Pa.,snant Cahhe either a copy Ofthe cheCk provided tothe ---. . _ ... _ .. _ _ . .._ ., _ . .... consultant or printout from the project's financial accounting system showing that funds wereltsbUrsed 1•:\s, Corrector costs should be supported by the contractor invoice, schedule of values, ANDA,P6of of payment. 'Fb proof of payment can be either a copy of the check prokled to.the.contractor or a prntout from the project's financial accounting system str6vvin9 that funds welt diikursed. Other costs should be supported by either an invoice from the vendor or a receipt ANtikuSt be accompanied by a T.I'rbof of payment. The proof of payment can be either a copy of the check provided to the vendor or a printout from the protect's financial ie.-Wanting .systern showing that furia••ere disbursed. clearly identify (1 e: highlight_or cycle) all grant7related expenses on documents that lAslucle nonrrfigted costs, ,,.. - . pep 3; ..._,CeirtMeta. the kxpepee T!imary„ ,._ ._ . - \ / ;summarize the total Staff Costs, Consultant/Contractor Costs, and OtherCos tsiner-reirldnling the he reporting period; Corrimi tbat_y_ou have the adequate documentation. ...v-t-... :Break down each cost .1 task. This will help with the next step to inmplalt,t1r InvoicestateMenf ,,„ Double check and make sure all sulkotals have been calculated coiretly' --;--: . , ...,, . .._ ... „.... ........ .....„ .,.. • - ,._. .Step 4: _ ConOete the Invoice Statement. Enter the costs for each task (calculated in Step 3) into the appropriate*s of the -lirigae Statgrnent The SANDAG contribution,. match contribution, and retention ! ...--,,„ amounts should automatically calculate_ , .... , ... .„ _ __. Enter previous costs by task into the appropriate oetrt Of tilspreadsheet.. "lie ixerfouirrig grant balance should automatically calculate. ; ,.. _ ...,. . . .. , Step 5: Submit Quarterly l'rogress Repprt, Invoice,aild Strpperehg Decumerthittehle SANDAG _ _ sgatigranteasandan.org Sigr and scan the completed Quarterly Progress keport. Submit it in PDF form Sigr and scan the invoice statement Submit it in,P1)Kfomf -• . la` • Submit supporting documentation in PE)* form. •• Submit the completed Excel workibtOk— THes#1 excess of lyt)3'....01991c1, be subiitted.,via: tittpi:lisandagofkffyVlifOr-corn 43 164 of 288 165 of 288 :pair 1: STAFF COPS . • _ _ _ _ _ . _ - - _ - - ' Personnel __. _ Time Period Hours Hourly Rate Amount Documentation Attached? ... Staff Person A mrnfcid/ry to mmicldfyy 10 $ 100.40'4 Staff Person B mm/dcliyite mmfd d/ yy 10 $ f•010 00 $ 1,000—..00 'YES/NO _ ..._-1 Staff Person C mmicld/yy to mmicirs.Ifyy 10 $ , ..400,..00 $ 1 000 00 YES/NO , . . . / ".. , - - "•• - ' • [INSERT ADDITONAL LINES AS NEEDED] PART 2; CONSULTANT/CONTRACTOR COSTS Consultant/Contractor Consultant XYZ Consultant XYZ . . Consultant XYZ Outreach Oiariization ABC IINS E RT ADDITONAL LINES AS NEEDED] Invoice No. Invoice Date Description Of tads: Amount - Documentation Attached? „ ._, 1 1/4/20Ktrofessional semi:ea %1•he i $ 10,000.00 YES/NO : \•1 111-Ordiof January 2014 \*., i 2' 2:/11,201:t ,Orot.4bnakservices fOr tiva\, ' $ 10,000,00 :YES/NO ----- " •E• month of 00bittatx 2014 • • • • 3 3/1/2014Professlo0 sereeetfor, the • - $ 10,000.00 YES/NO — — •111' °nth 2014. '" 1 l'....1 3/1/2614 :)illiottiell frOm ..tanuaw2014 to E $ 10,000.00 .YES/NO Moron 2014 PART 3: OTHER COSTS Vendor „ VendorA Vendor ....... _ Vendor C DbfiCNA L LINES AS NEEDED] ilWOW40. ,/ • • 'Invoice Date _ 1 1/1/2014 1. 2/1/2014 1, 2/28/2014 Description of Costs Amount Documentation Attached? Printing costs for January 2014 $ 100.00 YES/NO News Announcement for February 2014 Workshop Snacks for February 2014 Workshop 45 $ 100.00 YES/NO $ 100.00 YES/NO 166 of 288 To: TAAiiSkeiSpiAkt GROWTH INCENTIVE PROGRAM INVOICE , , „ _ , .. ..__ _ ., .• _ _ . ... .., „ , _<„, , _,. . _ __ .. _ _ , _ _ „.. „ , _ _ _ suCHI muKHERJEE i Project Name: !:(FROJECT NAAE] _ SANDAG Contract Number 600)0Ot . _ 401 B Street Sone SOO . ....:". • ' • .San Diego. CA92141-4231 ' , Grant Invoice Number, # ,/ . .. _ ... _ .... _. ._ _ , ...• .., __ , .. ....... , ........ _ ___ ' _ . ._ .. _ .. __ __ „.• • • ....... . • • From: Name . Billiu period:.:,.. _. fiR,DM , . ,. TO i ,......— _ ...... ..... _,.. _ .. , . ..— . 2_ .. . - ..,. ! ...„. \- Pddress , Imoice Date: MATE. ......... _ ... ...._ ....._.___ 1 .. ; .Grant Award• - . .- $0.00 • ' :•i'.' ' , . , Balance Rama i n;g • ,.• $0.00 . \ . . .... . ;- .'' ,71:-....... .. - :' . , ".,,, ir. : • TASK Previous Balance Current MMIDDirNYto MMLIDDNYYY .___. Total ecpenses SANDAG Total Match Spent Reimbursed to Date Match to Date Total to : Data . StaffCosts Cons LAMM or Contractor Costs Other Coats This Invoice this Invoice This Invorca 1 RFP $0.00 $0.00 $0 OD ... - .:•$0.:00>. $D.-00 \.., $0.00 $0 00 $0 00 $0 DO 2 Existing Conditions Report $0.00 $0.00 $0 00 \ ', $0:00 '' -..„ MOO ' $D.00 $0 00 $0 00 $0 00 3 Public Outreach $0.0D $0.00 $01:}0 !. $0.00" : ''., 4.0.00 $0.00 $0 00 $0 00 $0 00 4 Draft Plan $0.00 $0,00 $0 00 , ?, WOO -- • $0.130 $0.00 $0 00 $0 00 $0 00 5 Final Plan $0.00 $0.00. $0 00 -, 10.00 $0.00 $0.00 $000 $0 00 $0 00 TOtel $0 00 $0 00 $0 00 $0 croi $000 $o 00 so 00 $0 Do $0 oo . • .,... .., _., ..__.... .... • ., „ - .,-.... ._ . < _ ..., ___ . _ _...—.. „... Total Current Expenditures: Total Amount Duo this Invoice: ... ,..,...,,„.......„., ....,_ ..„.___ _._ Less /0% Retention: Match 56 Met to Date. $0.00 $0.00 .__ it0.00 0DIW01 ... Total Project Budget (Grant + Match) Tat* 1 ,. $0.00 TaSk'2 50.00 Taek 1,, $0.00 TaSk 4'i $0.00 TadIL5,: $0,00 IFTETA FL $0.00 SAWDAG Grant: $0.00 -Match: $0.00 SAN DAG Contribution % #DFWO! Required Match % l'- #DiV/0! 46 167 of 288 E CERTIFICATION/ F RANTE„ I hereby certifythatthe above costs were Incurred In performance ofthe work required under the grant and are consistent with the amounts evidenced byeftached supporting documents and eapendifures. Signature Printed Name wait*. 47 168 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 169 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the Euclid Avenue Bicycle and Pedes 169 of 288 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE, November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the Euclid Avenue Bicycle and Pedestrian Enhancements Project in the amount of $3,335,000; 2) committing to a local match of $200,000; 3) accepting the terms of the Grant Agreement; and 4) authorizing the City Manager to accept the TransNetATGP funds and execute a grant agreement with SANDAG, if selected for grant award. PREPARED BY: Jose Lopez PHONE: 336-4312 EXPLANATION: See attached. DEPARTMENT. Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: /e' ACCOUNT NO. APPROVED: If grant funds are awarded, staff will return to City Council to appropriate funds. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Conceptual Exhibit 2. Sample Grant Agreement 3. Resolution Finance MIS 170 of 288 EXPLANATION The project will construct nearly two miles of traffic calming, bicycle and pedestrian enhancements on Euclid Avenue from the northern City limits at Cervantes Avenue south to E. 24th Street. Project improvements include traffic calming through road diets, curb extensions, median refuge islands, Class 1! buffered bicycle lanes, Class III bicycle routes, Class IV bikeways with bend -outs, high visibility crosswalks, pedestrian actuated LED -enhanced crosswalk signs, two High -Intensity Activated crosswalks (HAWKS) located near Paradise Valley Hospital, and a new traffic signal at the entrance to Euclid Plaza (Val!arta Supermarket) and Windsor Heights Apartments. Staff recommends that City Council take the following actions: 1) authorize the filing of an application for Active Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for the Euclid Avenue Bicycle and Pedestrian Enhancements Project in the amount of $3,335,000; 2) committing to a local match of $200,000; 3) accepting the terms of the Grant Agreement; and 4) authorizing the City Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if selected for grant award. It shall be noted that the Grant Agreement contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in this grant -funded project is limited to accounting processes and financial audits. 171 of 288 LEGEND PROPOSED BIKE_CORRiDQR Class II - bike Lane Install two 5 Buffered Bicycle Lanes Class III - Bike Route Install Shorrows and Signage Class IV - Bikeway Install two 6 Protected Broyale Lanes Road Diet - Remove one or more vehicular travel lanes cm Traffic Signal Ca HAWK Signal City of , San Diego., EXISTING BIKE CORRIDOR 10 1,3 CICISS - Bike Lane' =7, CICKS111 - Bike Route L1.11 -t FutuDe Class I, II, or III Bikeway' ci a 0 tura Inan Path' 6 Bus Slap Note Bicycle Loop Deieators to be installed at all signalized intersections - 4' Refer to Bike Master Plan • Continental Crosswalk AMP Pedestrian Actuated LED Sign , Pedestnan Befug_e Island ••• • ; - • : • • LI-Avenue —E , 4'tY"'"4'''''v El Tryon 11. • ''' .1 lir ii• • ' • • • [Envision Si ATP Cycle 1 !Project -4.,,,,.,,,, 1 ,1 Pork 11 Rood Diet Proieci . iii,..r.r.ii.,1 . i.,,L.T • I • . '4 I..: • I 17.17:Ilf..... ...... , . ,.., ii •i i - .1 !,.-, i.-- iii C105511 Bike Lane 7,.. I . 41h Street, National City . i•ti ;,.., • •._•.i • ,i L• . : i r ;', 4 • ' 1.. i• ; • A Bend -Out - - HAWK Pedestrian CrossIng asa. Project Improvement Map I • . • Harbison Avenue( Class III Blke Route Class IV BIKew9y. , .2^ • '•"" •`S, 1 4th Street,. Notional City . • • • • • , ;- • •• • . • • City Natl O nal City:. • - a , •••-•.,5 BendOuts . • 6 $: g Continental Crosswalk ' •.•i• •. Peciestrian Actuated LED Sign • Uncoln Aores Pedestrian Refuge Island ' - *4' Granger High So -hoot Vr77,14r,2. . • :. 1;1 • ." I - • - Grove Street (11111111i0 atstng Pttntrian.-", 1 Bridge . . . , . fiaii:,st Ail' Cycle 1Prolect ill ,. qConstruction 2016/7017) . •-• .•• tkel. EtActizt Avit•tuke, ine.voLe. a Pedeoptria4t. Eii400.44144444.t4'4s Pedestrian Actuated LED Sign National City Blvd. NaticHial City ' . . County of SOr Dieg9 •-'91.1:1/ 411,14,, VAT 11.-1=PL 7-4*arr:i7T .1.1aBf. • oacoarrataafa 172 of 288 GRANT AGREEMENT TEMPLATE — FOR INFORMATION ONLY [SELECT APPLICABLE PROGRAM: TransNet SMART GROWTH INCENTIVE GRANT PROGRAM OR TransNet ACTIVE TRANSPORTATION GRANT PROGRAM] THIRD FUNDING CYCLE GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND [INSERT AGENCYJJURISDICT!O 9 NAMEI REGARDING [INSERT FULL PROJECT TJ'L£] THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agreerl"iert made this [Day] day of [Month], 2015, by and between the San Diego Association of vein rats, 401 B Street, Suite 800, San Diego, California, hereinafter referred to as SANDAGAnd`the [Grant$ecdpient and Address], hereinafter referred to as Grantee. This agreement expifeson [Month] [Day]x.IYear]. �J Note to Grant Recipient: This Agreement Templcate covers provisions forkthe SGIP and ATGP. Prior to contract execution, the GrantAgreemei0 will be tailoreV to reflect the / applicable grant program. r- Note to SANDAG Contracts Staff: Prlor:*internal routing,.references to SGIP and ATGP should be updated as applicable. ``�_;• The following recitals are a substantive partofthis Agreement•._4.: Note to SANDAG Contracts Staff: Select 4thertelP Recitals or ATGP Recitals. Smart Growth Incve Program (SGIP) Rees (A — J): A. The SANDAG Boar .of.Dirgttorsallocates fLigds under the TransNet local sales tax program to support local tran aPtr€rn-refi infrastruiture projects in the San Diego region through a con)petiifive process. ' B. e.TransNet ExttrisiOn OrCiNancke contains provisions to fund the Smart Growth Incentive Program (SGIP), whl funding`began on April 1, 2008. The SGIP encompasses projects that tter integrate transrrtation and land use and recognizes the comprehensive effort to inte rate smart growth place making, access to transit, and environmental justice. C. In Janua 2010, th9,4ANDAG Board of Directors approved Board Policy No. 035 — Competitive Grant Prog m Rr<ocedures (Board Policy No. 035), which is included as Attachment B. This Grant Award, Nreernent and the Grantee's performance thereunder are subject to Board Policy No. 35, which includes multiple "use it or lose it" provisions. D. The SANDAG Board of Directors approved programming of approximately $12 million in TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number]. E. On December 19, 2014, SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the TransNet SGIP funds for use on capital improvement and planning projects meeting certain criteria. 12 173 of 288 F. Grantee successfully applied for TransNet SLIP funding for the [Insert Project Name], as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet MPO ID required to complete Recital G, below. G. Grantee's Project is funded with [insert dollar amount] in TransNet SGIP funds and the TransNet MPO ID for the Project is [insert ID number]. H. The purpose of this Agreement is to establish the terms and,Oonditions for SANDAG to provide Grantee with funding to implement the Project,/ 1. Although SANDAG will be providing financial assistptice'to Grante.to support the Project, SANDAG will not take an active role or retain su)stantial control of the Project. Therefore, this Agreement is characterized as a funding zireenient rather than a cooperative agreement. \ ; J. Grantee understands that TransNet funds derive from phi ;transactions and use tax revenues which fluctuate. SANDAG's fundin commitment to Sc1P Projects, including this Project, is subject to these fluctuations, whi : 'i'n r.impact funding vaflability for this Project. Active Transportation Grant Program TGP)'als. (A - L):-••, A. The SANDAG Board of Directors allocats fundsAnz derttT TransNet local sales tax program and the Transportatin-Development A (TO -to'supportlocal bicycle and pedestrian transportation p,rojects ill t&eSan Diego f g on'through a competitive process. f B. The TransNet Extension Ordjtance contains rovisions to fund the Bicycle, Pedestrian, and Neighborhood taf vPrn ai PN5P3; whir fianriinn began on lialy 1, 7DOFJ, The BPNSP encompasses bicycle d pe lestria`n-#rave1 pro ects and recognizes the comprehensive effort to integrate smart grotI place making, -access to transit and environmental justice. A C. z..Article 3 of the TDA jarovides titling for Bicycle and Pedestrian Facilities and Programs. D. 'ter the TransNej` PNSP and TDA Article 3 funding are commonly referred to as the SANDAG,Active Trans ortation Grant Program (ATGP). c E. In Januity,„2010, th -` ANDAG Board of Directors approved Board Policy No. 035 - Competitive Grant Progr n 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. F. The SANDAG Board of Directors approved programming of approximately $3 million in both TransNet and TDA funds on December 19, 2014, by Resolution Number [insert Resolution Number]. G. On [December 19, 2014], SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for SANDAG ATGP funds for use on capital improvement and planning projects meeting certain criteria. 13 174 of 288 H. Grantee successfully applied for ATGP Funding for the [Insert Project Name] (Project), as described in Grantee's grant application. The Scope of Work, Project Schedule, and Approved Project Budget are included as Attachment A. Note to SANDAG Contracts Staff: Before finalizing this agreement for internal routing, obtain from SANDAG Finance and Planning staff the TDA Claim Number or TransNet MPO ID required to complete Recital 1. below. I, Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert dollar amount] in TransNet BPNSP funds and [insert dollar amours ;'fin TDA funds, and the TransNet MPO ID for the Project is [insert ID number] and the izbA;Claim Number is [insert claim number]. J. The purpose of this Agreement is to establish the terms and contaons for SANDAG to provide Grantee with funding to implement the Project'`' K. Although SANDAG will be providing financia!sjStance to Grantee to s port the Project, SANDAG will not take an active role or retain- ubstantial coM'trol of the Proj i Therefore, this Agreement is characterized as a funding a rnent r- ther than a coopers ve agreement. L. Grantee understands that TransNfua-derive from retell transactions and use tax revenues which fluctuate. SANDAG's funding ' Ttti trnentto ATGPIrojects, including this Project is subject to these fluctuations, which ay imps riding avail # iiIity for this Project. NOW, THEREFORE, it is agreed as follows: 1. DEFINITIONS A. Application. e.stgned an l.dated grant Ication, including any amendment thereto, with all exolanato arnoc#t:inga4d_supofefl entary documents filed with SANDAG by or on behalf ofthe Grante ar cl adepfkLizr approved by SANDAG. All of Grantee's application materials, riot: n onflii th_this Agreement are hereby incorporated into this Agreement though fullfully-4vtforth homer, i i.. B. `., pprovai, Authori on, Cororrence, Waiver. A written statement (transmitted in ewritten t hard co j�,. py�sor electronically) of a SANDAG official authorized to permit the Grandee to take or o tan action required by this Agreement, which action may not be taken or omih dwithout s kia written permission. Except to the extent that SANDAG determines otherwisein writi ; such approval, authorization, concurrence, or waiver permitting the performance r ornission of a specific action does not constitute permission to perform or omit other simii'at actions. An oral permission or interpretation has no legal force or effect. C. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is included in Attachment A. Note to Grant Recipient: Only the applicable grant program will be referenced here. 14 175 of 288 A. Note to SANDAG Contracts Staff: Choose the appropriate program here. [SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP.] OR [ATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds.] Grantee. The local jurisdiction that is the recipient of ]SGIP or ATGP] funding under this Agreement. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or G portion of the work described:ir the Scope of Work. Grantee shall not proceed with the work and shalll not be elig i to 'receive payment for work performed prior to SANDAG's issuance of a Notice to Ptscd. Subgrantee. Any contractor or consultant, at any tier4ld direy•or indirectly with funds flowing from this Agreement for the Project. PROJECT IMPLEMENTATION f General. The Grantee agrees to carry out theRrofect as fq bWs: ithe work as described in the 1. Project Description. Grantee agrees to per Scope of Work included as t chment A. 2. Effective Date. The effectiviT date thi5:-Agreement . r.any amendment hereto date on which this Agreemen Or an ar b d nt_is fully'executed. The Grantee agrees to undertake Project work pror ptly afters ei g a,Notice to Proceed from SANDAL. 3. Grantee's paces. The Grantee;agf'e+es to maintain or acquire sufficient legal, financial/technical, arrd rnanagerialcapacity to: (a) plan, manage, and complete the Project a : provide fok the use of ar y Project property; (b) carry out the safety and security asp of tl ile t .and (c) komply with the terms of the Agreement and all applicable lavv°s reguiati ns; nd policies pertaining to the Project and the Grantee, ar�clta i g but notijr iced to the trarlsiVet Extension Ordinance and Board Policy i�lo U3�: ~.:4. Project 5che 46a. The Gt ntee agrees to complete the Project according to the Project Schedul included in Attachment A and in compliance with Board Policy -NO.035, as ameuuded, and included as Attachment B. 5. Project Imp finentation and Oversight. Grantee agrees to comply with the Proje Irlp#ementation and Oversight Requirements, included as Attachment C, and Board PdflLcy No. 035, as amended. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG [SGIP or ATGP] scoring criteria. Any substantive deviation from Grantee's representations in the Application during project implementation may require reevaluation or result in loss of funding. if Grantee knows or should have known that substantive changes .to the Project will occur or have occurred, Grantee will immediately notify SANDAG in writing. is the 15 176 of 288 SANDAG will then determine whether the Project is still consistent with the overall objectives of the [5GIP or ATGP] and whether the changes would have negatively affected the Project ranking during the competitive grant evaluation process. SANDAG reserves the right to have [SGIP or ATGP] Funding withheld from Grantee, or refunded to SANDAG, due to Grantee's failure to satisfactorily complete the Project or due to substantive changes to the Project. 7. Media and Community Outreach Coordination. The Grantee agrees notify SANDAG of any media and community outreach efforts, including presentations to community groups, other agencies, and elected officials. pfe Grantee agrees to assist SANDAG with media or community events related to thrject, such as ground breaking and ribbon cutting. Press materials shall beroViied to SANDAG staff before they are distributed. SANDAG logo(s) should be iptititi664z .press materials and other project collateral, but may never be included .sbch documknts without advance approval from SANDAG. ./ As part of the quarterly reports submi1r d to SANDAG„the Grantee agrees to provide project milestone information to support. t dia an 4o#mmmunications forts. SANDAG reserves the right to use the information prittded by.a Grantee for ariV combination of the following, including but not limited toia1;'media posts, online photo albums, videos, press releases, Pow Fgiftpresentations updates, newsletters, and testimonials. In submitting otbs: SANDAG, the)srOtee agrees to release the rights of the photos to SANDAL for. it use. 8. Project Signage and Designat on of T ns _Funided Facilities. Each capital project in exr,.e of $250,000 funclyd`{rp ole or in part by revenues from the TransNet Extension Q'rdinan hall be cleariy;d gnated during its construction or implemkt`itatlon as berg provided lciyrevenues from the TransNet Extension Ordinance. iF Grantee agrees tin ff, 0w the -Project Sil ridge Specifications. SANDAG will provide sign specifications ant agrees t followysign specifications and submit proof files to SANIDAG:for apprbbefore prin`tliig. Baseline D'aZ:�:,Collecitl. For capital projects, Grantee is required to coordinate with SANDAG staff4ii the deviQpment of a baseline data collection plan in accordance with the Projecfilmplementation and Oversight Requirements. B. Applic`ia On of Law . Should a federal or state law pre-empt a local law, regulation, or the TransNet E tensiodinance, the Grantee must comply with the federal or state law and implementiriye uIations. No provision of this Agreement requires the Grantee to observe or enforce compliaf ce 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 iaw, the Grantee agrees to notify SANDAG immediately in writing, Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or affected portions thereof expeditiously. 16 177 of 288 C. Notice Regarding Prevailing Wages. SANDAG's [SGIP or ATGP] Grants are funded with TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment of prevailing wages, California law may require that Grantee's public works projects pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly encouraged Grantee to seek legal counsel regarding whether the Project will be subject to prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement requires Grantee's compliance with all federal, state, and local laws and ordinances as applicable. D. Significant Participation by a Subgrantee. Although the,htee may delegate any or almost all Project responsibilities to one or more subgrants, the Grantee agrees that it, rather than any subgrantee, is ultimately responsible for''torpnce,with all applicable laws, regulations, and this Agreement. :. ,,, E. Third Party Contracting. Grantee shall not avya ci;contracts over thr`ee`thousand dollars ($3,000) on the basis of a noncompetitive pr{urement for work to be petforlt;ed under this Agreement without the prior written approval f SSANDAG:'Centracts aware by Grantee, if intended as local match credit, must meet the requtretnthlts set forth in this Agreement regarding local match funds. 1. if Grantee hires a consul nt t carryout profes3ignaI services funded under this Agreement, Grantee shall*epa Jndependent ost.Estimate (ICE) prior to soliciting proposals; publicly7advertiseTor r+ompeting proposals for the work; use cost as an evaluation factor ifyse:lectie conultant; document a Record of Negotiatipn: RON) establishing: a e amount paid by Grantee for the consultant serviceys fair`aiii reasonable; a11dpass through the relevant obligations in this Agre rnent to the nsultant. 2. If Grantee firesa'contractor to carryout construction services funded under this greement,(rantee sha'11 repare-a i ICE (e.g., a construction cost estimate) prior to soliciting bids,• p blicly advertis ,for competing bids for the work; award the work to the ldwwst respon and responsible bidder; document a RON establishing that the amount piiir by Gra �a� for the construction services is fair and reasonable; and pass *hroug t the rel��t obligations in this Agreement to the contractor. F. Gran(ee's Responsibility to Extend Agreement Requirements to Other Entities 1. EntSties Affected. Grantee agrees to take appropriate measures necessary to ensure that allTroiect participants comply with all applicable federal laws, regulations, and policies electing Project implementation. In addition, if an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a 17 178 of 288 written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. Flowdown. The Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements and directives on its subgrantees, lessees, third -party contractors, and other Project participants at the lowest tier necessary. G. No SANDAG Obligations to Thirci-Parties. in connection with heProject, the Grantee agrees that SANDAG shaii not be subject to any obligations orAaf i:ities to any subgrantee, lessee, third -party contractor, or other person or entity that'1!s not a party to the Agreement for the Project. Notwithstanding that SANDAG may hav tonctkta?ed in or approved any solicitation, subagreement, lease, or third -party contratat any tr, SANDAG has no obligations or liabilities to any entity other than tbiGrantee, includitigany subgrantee, lessee, or third -party contractor at any tier. H. Changes in Project Performance. The Grants agrees to.ai'otify SANDA6ediately, in writing, of any change in local law, conditions (ir udinrq f s legal, financial, or'technical capacity), or any other event that may adversely aftthe Grantee's ability to perform the Project in accordance with the tecniS of:the Agreement nd..as required by Board Policy No. 035. The Grantee also agrees t+ri e fy ANDAG immellately, in writing, of any current or prospective major dispute, breach, 13liefault oclitigation that'mayadversely affect SANDAG's interests in the Project; and agrees t6,,inform SANDAG;-also in waiting, before naming SANDAG as a party to litigation for ariyreason,-iri9fru.r ;At a minimum, the Grantee agrees to send eachiiiotice:to SANDAG quir d by this subjection to SANDAG's Office of General Counsel/ - - Standard of Choi, The Grantee expressly vxarr-ants that the work to be performed pursuant to this Agreementthal1 3ra'p tfratrri rn armVanrP With the applicable sfanriarrl of rare. Where approval by SANDAG' its Exer4ve Director, or other representative of SANDAG is indhtated ja the Scope of4 Vork, it is understood to be conceptual approval only and does not Ai/eve-the Gr.'itilVe.of reslibqsibility for complying with all laws, codes, industry standards, ct`and liability for daages cauS'eli negligent acts, errors, omissions, noncompliance with IqdOstry standards, ot the willfuhrisconduct of the Grantee or its subgrantees, 111. ETF A. Grantee 'Cede of,l inductIStandards of Conduct. The Grantee agrees to maintain a written code; 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 [5GIP or ATGP] Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. The Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective 18 179 of 288 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 [SGIP tATGP] Funding if a real or apparent conflict of interest would be involved. Such a,c inflict would arise when an employee, officer, board member, or agent, includir tnyrnember of his or her immediate family, partner, or organization that erptoys;, r'intends to employ, any of the parties listed herein has a financial interest_i.n� firm co' eting for award. 2. Organizational Conflicts of Interest. P6 Grantee agrees that code of conduct or standards of conduct shall include pro dares for identifying and pi vehting real and apparent organizational conflicts of inte esttAn or a aizational confli t>f interest exists when the nature of the work to be pei frji-rn under a proposed third -party contract or subagreement may, without some trktions on future activities, result in an unfair competitive adva#age to_the third -pa Contractor or subgrantee or impair its objectivity in performing a itract work. B. SANDAG Code of Conduct. SANDAi has estab1j ed policies`concerning potential conflicts of interest. These policies apply to Grantee. For I avi3a . 5ANDAG, any practices which might result in un1-9t i activity are prcikiibL including, but not limited to, rebates, kickbacks, or oth+ fi itirloWN consideratio` s. ,ANDAG staff members are specifically prohibited frog patticipatinl #n the selection process when those staff have a close personal relationship, faNly relatio,�.4hip,-or past (wi in the last 12 months), present, or potential business or' employ rit, 1atioi #i witi.1 a p suri or business entity seeking a contract with 5AND, # : it-is-unlawfui; or any contracio be made by SANDAG if any individual B9trd:rnember or -staff hasa prohibited financial interest in the contract. Staff are also iNthibited frori sQticiting or ccepting gratuities from any organization seeking funding from SANDAG. SANDAG\54officers,ioyees, agents, and Board members shall not solicit or listept.gifts, gratuitie..favors, or anything of monetary value from consultants, potential coAt:ttants, or parties±o subagreements. By signing this Agreement, Grantee affirms that it has noowledge of An ethical violation by SANDAG staff or Grantee. If Grantee has any reason to eiieve a, c6nflict of interest exists with regard to the Agreement or the Project, it should noti „,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 [SGIP or ATGP] Funding application for the Project. D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project, including, but not limited to, the Grantee's grant application, progress reports and invoices. 19 180 of 288 IV. AMOUNT OF FUNDING ASSISTANCE The Grantee agrees that SANDAG will provide [SGIP or ATGP] Funding for the Project equal to the smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $ , or (b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is percent (%). SANDAG's responsibility to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its application for funding from SANDAG for the Project is the amount that forms the basis upon which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s) of SANDAG Participation. V. MATCHING FUNDS Grantee has proposed to provide matching funds for the Proct and therefore agrees as follows: , A. Duty to Obtain Matching Funds. The Grantee.agrees to provide s\ufficient funds or approved in -kind resources, together with the,¢ GIP•or ATGP] Funding c arded, that will assure payment of the actual cost of each Prbj ct activity coyered by this Agreement. The amount of matching funds and percentage(s) Enatchirla'iuPds Grantee sha`liprovide are set forth in the Approved Project Budget. The Granteel.grees cb complete all proceedings necessary to provide its share of the -Project costs at 3 ore the time the matching funds are needed for Project costs. B. Prompt Payment of Matching Fug. Th`eTantee agrees provide the proportionate amount of the matching funds prom t.]yas it inc Project _cost or Project costs become due. Each of Grantee's invoices... must include its pro ata mat rig fund contribution as reflected in the Approved Project Budget; along wit suilpOrting, descriptive and/or explanatory documentation..#orthhe matching funds pisovitled. 5 C. Reduction ofPdihrIwing FuTh nds. e Grantee agrees that no refund or reduction of the amount of matchi g,funds magi trade unless, at the same time, a reduction of the pro�ttion-al amount d#_the [SGIP orA1;P] Funding provided is made to SANDAG in order to maintain-the:i aximum rcentage(s) of SANDAG Participation. VI. < APPROVED PROJECT BUDGET. Except tokhe extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Granteeano.SANDAG have agreed to a Project budget that is designated the "Approved Project Budget:'the Grange will incur obligations and make disbursements of Project funds only as authorized bye 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 [SGIP or ATGP] Funding awarded for the Project, does not negatively impact the benefits obtained from the Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget line items. 20 181 of 288 VII. PAYMENTS A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will demonstrate or certify that it will provide adequate matching funds such that, when combined with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the extent that SANDAG determines, in writing, that the Grantee may defer its provision of matching funds for the Project, a Grantee is required under the terms of this Agreement to provide matching funds for the Project and agrees that it will not: 1. Request or obtain matching funds exceeding the amount justified by the matching share previously provided, or 2. Take any action that would cause the proportion ofiSGtPpr..ATGP] Funding made available to the Project at any time to exceed thr :pertenta e •authorized by the Agreement for the Project. B. Payment by SANDAG. Upon receiving a regj t for payment and adequate supporting information, SANDAG will make payment, [or r projects )yrth,TDA funding; authorize the County of San Diego to make payment] for elig e amounts to Grantee withri thirty (30) days if Grantee has complied with the requirements;of ft :Agreement, including submission of a Quarterly Report which is included as Attachment,: has satisfied SANDAG that the [SGIP or ATGP] Funding requester•s- eded.for Project pgrpases in that requisition period, and is making adequate progress t rrd:,completion,consistent with Board Policy No. 035. After the Grantee has dem$ Crated `s`attsfactory com'tiltance with the preceding requirements, SANDAG may reimburs0 the Gra t e'S Vieren.t allowable costs incurred consistent with the ,1roved Project B dget,ANDAG shbil retain ten percent (10%) from the amounts invgilred irnt4 ..,satisfactory cbinle:tion of work. SANDAG shall promptly release retention amo#ntito Granter following r;ra1ltee's satisfactory completion of work and receipt of Grantee's final in oiceand all recj aired documentation. E C. Eligible Costs. The`Gfan ee-agrees_that'Project costs eligible for [SGIP or ATGP] Funding mu tfomplyWith the it lowing requirements, unless SANDAG determines otherwise in vi6ting:`To beettible for 'reimbursement, Project costs must be: with the Proje S . , \„,1. Consistent cope of Work, the Approved Project Budget, and other provisions of th' Agreement. 2. Necessary in order to accomplish the Project. 3. Reasorjableforthe goods or services purchased. 4. Actual netcosts to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income). 5. Incurred for work performed, only on a reimbursement basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from SANDAG. 21 182 of 288 6. Satisfactorily documented with supporting documentation which is to be submitted with each invoice. 7. Treated consistently in accordance with generally accepted accounting principles and procedures for the Grantee and any third -party contractors and subgrantees, (see Section 6 Accounting Records). 8. Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGPP or ATGP]. 9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the following documentation as part of the grant app!icato, `rneterials: (1) an indirect cost allocation audit approved by a qualified independent uditor or (2) the applicant's proposed method for allocating indirect costs in ac ordance with OMB guidelines. Indirect cost allocation plans must be reviewed ad renewed annually. 10. Project generated revenue realized by the,Gfantee shall be utiNed in support of the Project. Project generated revenue and penditures, if any, sha l l i e. reported at the end of the Agreement period. D. Excluded Costs 1. In determining the amount_if SIP or ATGP] Fund;rrrp-SANDAG will provide for the Project, SANDAG will a. Any Project cost incurred .by the Gra a before eider the date SANDAG issues a r Notice to Proceed to Grange or therect Dote of the Agreement or any Amen drdent thereto; b. A r cost that is not included 6 the latest Approved Project Budget; c. Any costfor P,i ject property or.services received in connection with a subagreement,lfease; bird -Tarty ontract, or other arrangement that is required to -be, but'h; s not been, ca5na rred in or approved in writing by SANDAG; and d. Any est ineligN for SANDAG participation as provided by applicable laws, regulaf ns; or polil3 ;: } 2. `\ Certain costs at 'rimes associated with bicycle and pedestrian projects are not eligible "hen the benefit provided is not the exclusive use of bicyclists or pedestrians. These • instances are fisted below. a. Cc 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. 22 183 of 288 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 thateostrsallowable and eligible for payment under the Project and does not constitute a waiir`er:of any violation by the Grantee of the terms of the Agreement for the Project or BordPolicy No:a 35. The Grantee acknowledges that SANDAG will not make a final determination abqutthe allowability and eligibility of any cost until the final payment hatizieen made on the Prbjettor the results of an audit of the Project requested by SANDAG/or its Independent Taxpayer`Oversight Committee (]TOC) has been completed, whichever occurs latest. If SANDAG 'determines that the Grantee is not entitled to receive any portionbfthei5GIP or ATGP] Funding requested or paid, SANDAG will notify the Grantee in writing, stag Its reasons. The Grantee agrees that Project closeout will not alter the rantee.'s responsibilit io:return any funds due to SANDAG as a result of later refunds, correct rforniance deficiencies, or other similar actions; nor will Project closeout alter SANDAG's‘r ight td d sail w costs and recover funds provided for the Project on the basis of a later audit ornther rev ew..Upon..notifi ation to the Grantee that specific amounts are owed to SANDAG\Whethieffor.eikesspayments of [SGIP or ATGP] Funding, disallowed costs, or funds recoered from third parties or elsewhere, the Grantee agrees to prompt' remit tb:SANDAG the'amounts owed, including applicable interest, penalties and ,~ninistrativechrges. VIII. ACCOUNTING RECORDS In compliancew4h applicable laws, regulations; -and policies, the Grantee agrees as follows: A. 1F Project Accounts. The Granteeagrees to establish and maintain for the Project either a \separate set of accoii is or separ+ to accounts within the framework of an established wonting system that can be identified with the Project. The Grantee also agrees to mairtarri documentat an of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounlg docume9ts related in whole or in part to the Project so that they may be clearly identified, -eadilyaiccessible, and available to SANDAG upon request and, to the extent feasible, keps-t*parate from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate in based upon a payable milestone. 23 184 of 288 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 f9eihree years thereafter from the date of transmission of the final expenditure report, the,Granee agrees to maintain, intact and readily accessible, all data, documents, reports, ree6rds, cost{acts, and supporting materials relating to the Project, as SANDAG may rewire. D. Access to Records of Grantees and Subgraritees. The Grantee agrees*to permit, and require its subgrantees to permit, SANDAG o .jts authorized4epresentatives, upon request, to inspect all Project work, materials, payrolls, and',ther.data, and to audit the bolts, records, and accounts of the Grantee and its subgrantees pertaining to the Project. E. Project Closeout. The Grantee agrees that Project closeQtt does not alter the reporting and record retention requirements of this Agre m nt. F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the progress of its work, expenditures inci)'tred, aryfinforrr pn.regarding whether the Project is projected to be coleted Within the likiits.4iite Approved Project Budget, Project Schedulp,`and cons"is ent with Board Policy No. 035 and any policy amendments thereto. GranteNe shall docurtient the progress`and results of work performed under this Agreement to thb. atisfactjl n`o1 SANDAG. This includes progress and final reports, plans, specifications, estim es,nd otliertvrdence 0 attainment of the Agreement objectives, which -are r quested b ANDAG or (TMC,.Grantee may be required to attend meetings of SAIIDAGstaff4nicommilttes, including but not limited to ITOC, the Regional Planning .A`o nrnittee, the TT-0,rsportatittit, Committee, and the SANDAG Board of Directors, to report on °.,itsprogress and resppnd to que ens. G. Co unities Served Data and Report. !f requested, Grantee shall provide SANDAG with data regarding how tie Project's benefits and burdens were equitably distributed among socio an ronomicjopulations in the area affected by the Project, and associated smart growth date.. ' - X. Project Completion, Audit, Settlement, and Closeout A. Proiect 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. Ail payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. 24 185 of 288 B. Project Audit. Note to Grant Recipient: Only the applicable sections will be included. Note to SANDAG Contracts Staff: Please choose the appropriate: For TransNet-funded projects: The Grantee agrees to have financial and compliance audits perfdrrfied as SANDAG may require consistent with the TransNet Extension Ordinance. Th€iantee agrees that Project closeout will not alter the Grantee's audit responsibilities. A dit costs are allowable Project costs. / For TDA-funded projects: The Grantee agrees to have financial and con fiance audits performed a SANDAG may require consistent with Public Utilities Code Srecidn 99245,)6r TDA funds; grid onsistent with the TransNet Extension Ordinance for TransNet airids..Th� Grantee agrees tha ,Project closeoutwill not alter the Grantee's audit responsibij ties,Audit costs are allowable Project costs. C. Performance Audit. The Grantee\igreesornperate with;SANDAG or ITOC with regard to any performance audit that is perf*ed onTe,tectpursuaDt,to the TransNet Ordinance. D. Project Closeout. Pr ectcloseout occurs wh SANDA_notifies the Grantee that SANDAG has dosed the Proj�and; of applicable\eit e ;forwards the final [SGIP or ATGP] Funding payment and o; cknowledigesethat the Grantee has remitted the proper refund. The Grantee agrees that Pr`ofectcloseout y5ANDAG d .:trot invalidate any continuing requirements imposed by the A eernentfor anyunmet re uirements set forth in a written notification from SANDAG. E. Pf�fiiecitibse, qrantee was: warded this Agreement based on representations in its grant ,: application regarImg the P 'ects intended use. If the Project is a capital project, Grantee `'\shereby commits to' rtinued of the Project for the purposes stated in its application for a km. d. of at least five- ars after compietion of construction. SANDAG may require Grantee to r 3,ind. SGIP fundin provided for the Project in the event Grantee fails to utilize the Project-or:'its intended purposes as stated in the grant application or for any disallowed costs. XI. TIMELY PROGRES'S AND RIGHT OF SANDAG TO TERMINATE A. Grantee shall md'ke diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, and consistent with Board Poiicy No. 035 and any policy amendments thereto. If timely progress is not achieved, SANDAG may; in its sole discretion, review the status of the Project to determine if the remaining funding should be reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement and/or Board Policy No. 035, that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. 25 186 of 288 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 [SGIP or ATGP] Funding to be provided for the Prpjectif the Grantee has violated the terms of the Agreement, or Board Policy No. 035, or ifNDAG determines that the purpose of the laws or policies authorizing the Project wbuld`ri+ t be adequately served by the continuation of [SGIP or ATGP] Funding for the Project ' D. In general, termination of [SGIP or ATGP] Fundirfg` for the Project will rtpt invalidate obligations properly incurred by the Grantee ore the terrr)ination date he extent those obligations cannot be canceled. If, however, SANDAG determnes that the Gr rttee has willfully misused [SGIP or ATGP] Funding by failirig,to mief4 adequate progress; or failing to comply with the terms of the Agreement, SANDAGerves the right to require the Grantee to refund to SANDAG the entire a4loilnt of [SGIP or ATr P].'Funding provided for the Project or any lesser amount as SANDAG ri y; errnine. E. Expiration of any Project time period established the Projects *edule will not, by itself, automatically constitute an expiration pr termi tiori Pfp6Agreement for the Project, however, Grantee mfst request and 5ANDA 4nay agree to -amend the Agreement in writing if the Project Scb duie wilT{3o+ot.be met. Ali amendment to the Project Schedule may be made at SANDAG's dkscretion if Gr'antee's reques is consistent with the provisions of Board Policy No. 035. XII. CIVIL RIGHTS The Graztee agrees-tpcorrnply W1i all applicable civil rights laws, regulations and policies and shall incivde the provisions of,this . Secti 12 in each subagreement, lease, third party contract or other IegaiiyFbinding document' perform ork funded by this Agreement. Applicable civil rights laws, regulatigps.and policies include, but are not limited to, the following: A. Nandi urination/SANDAG implements its programs without regard to income level, disability,.ce,.col and national origin in compliance with the Americans with Disabilities Act and Titiktil a(the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, notify the pubf Of their rights under these laws, and utilize a process for addressing complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a complaint available to members of the public and will keep a log of all such complaints. Grantee must notify SANDAG immediately if a complaint is lodged that relates to the Project or program funded by this grant. B. Equal Employment Opportunity. During the performance of this Agreement, Grantee and all of its subcontractors, if any, shall not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, 26 187 of 288 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 C 6Dter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated intott is Agreement by this reference and are made a part hereof as if set forth in full. Grant e.,an and its subcontractors shall give written notice of their obligations under this clause t6 labor i rganizations with which they have a collective bargaining or other agreement. XIII. OWNERSHIP OF WORK PRODUCT f SANDAG shall own any deliverables created in whole or in par 4or SANDAG's be efit pursuant to the Scope of Work for the Project. The term "deli\ able 'rn€ludes, but is notlimited to, all original drawings, reports, photos, and other documents, i :eluding detailed calculations and other work product developed for the Projector services performe on the Project. XIV. DISPUTES AND VENUE A. Choice of Law. This Agreement sh ill be intetrete in ,accordance with the laws of the �` State of California. \: �t-. F B. Dispute Resoi, Lion Pro -Ceps.' In the evept Grantee has a dispute with SANDAG during the performance of,.this Agreer rent, Grantee'shall continue to perform unless SANDAG informs Grantee in writi t0 cease performance. The -dispute resolution process for disputes arising under this Agreement: Shalt be at-f ems _ Grantee, shall sub it a statement of the grounds for the dispute, including all pertinent`ates, naps of persons involved, and supporting documentation, to SANDAG's PreieCt Mana r. The Project Manager and other appropriate SANDAG staff � .wiil review thedocumentation in a timely manner and repiy to grantee within twenty 0) calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may \stibrnit a request. for reconsideration to SANDAG's Executive Director. The request for real sideratian �i :nust be received within ten (10) calendar days from the postmark date of S�AIDA'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. 2. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG Transportation Committee for ATGP projects. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee or Transportation Committee shall be final. 27 188 of 288 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 ordiovation) this Agreement or any rights under or interest in this Agreement. XVI. INSURANCE Grantee shall procure and maintain during the period okpe?formancef this Agreement, and for twelve (12) months following completion, policiesof:. insurance fro insurance companies authorized to do business in the State of California or the equivalent types nd amounts of self- insurance, as follows: / . . A. General Liability. Combined single limit of $Silp'per occurrence and $2,000,000 general aggregate for personal anJ._bodily injury, in tiding death, and broad form property damage. The policy must inclu . anacceptable "Wa wer,of Transfer Rights of Recovery Against Others Endorsement." The,polity:.m stnname SANISas an additional insured in the endorsement. A deductible or reten on. may'be,_u tized, subjectto approval by SANDAG. R. Automobile Liabilit ,for personal a }d:bodiIy;njury;`ii lmtding death, and property damage in an amount not leis than $1,000,000. `(; - .z , C. Workers' Cor sensation and Employe °s Liability. Policy must comply with the laws of the 5tate of Ca ` ornia. Thy policy must include an acceptable "Waiver of Right to Recover -. S.�.1 l From Others Er�uor,a:arr,e„p,aa,�,y �r��xDAu\p? an additional insured. D. 13„thir RequirementsRimuireMents. brantee shall furnish satisfactory proof by one or more certificates riginal copies)�thatit ha the foregoing insurance. The insurance shall be provided by an acceptable insurare.provider as. determined by SANDAG, which satisfies the following m re uireme .1 '` • 1. -,,An insurance cagier qualified to do business in California and maintaining an agent for set ice: of prgidess'within the state. Such insurance carrier shall maintain a current A.NI:'{iest rating •classification of "A-" or better, and a financial size of "$10 million to $24 mi1i rl (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 thirty 28 189 of 288 (30) days advance written notice to SANDAL. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. XVII. INDEMNIFICATION AND HOLD HARMLESS A. Generally. With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims, including, but not limited to prevaiiing wage claims against the Project, asse„ilea ,or established iiabiiity for damages or injuries to any person or property, inciuding inju:iy to the Grantee's or its subgrantees' employees, agents, or officers, which arise fr#6m or are connected with or are caused or claimed to be caused by the negligent, reckieg,..or•.Ilful acts or omissions of the Grantee and its subgrantees and their agents, officers, r.employ s; .gin performing the work or services herein, and all expenses of investigatjd . and defendirgagainst same, including attorney fees and costs; provided, however, teat the Grantee's duty`tp indemnify and hold harmless shall not include any claims or liab{ffty arising frown the estabhsf ed sole negligence or willful misconduct of SANDAG, its Board ofbtrettors, agents, officers, or etlployees. B. Intellectual Property. Upon request by SANDAG;.;.t}ie Grantee agrees to indemnify, save, and hold harmless SANDAL and i Board of Directors; cers, agents, and employees acting within the scope of their officialsfutii4sagainst any lia lay, including costs and expenses, resulting from any willful or int tionat-at plat+on by the rantee of proprietary rights, copyrights, or right of privacy, ar41,ng out of;he publicatron, translation, reproduction, delivery, use, or disposition of any data furnishe under the Project. The Grantee shall not be required to indem ify SANDAG for any sur,,F'.lia_bility cau-sped solely by the wrongful acts of SANDAG employeees dr agents, N XVIII.INDEPENDENT° NTRACTe')IT i / A. Status of Grantee: ra-Atee sha1I-p rform the services provided for within this Agreement as an independernt-contra t* r,•and not as`'aimemployee of SANDAG. Grantee shall be under the ntrot of SANQAG`;as to 14 result to be accomplished and not the means, and shall consult , with SANDAG as Kovided forT-ithe Scope of Work. The payments made to Grantee pursuant `` o this Agreement shall be thil and complete compensation to which Grantee is entitled. SANDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG shal of be required to pay any workers' compensation insurance on behalf of Grantee. Granteegrees to kiitilemnify SANDAG for any tax, retirement contribution, social security, overtime p rhen,t'or workers' compensation payment which SANDAG may be required to # make on behof Grantee or any employee of Grantee for work done under this Agreement. 9. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of SANDAG in any capacity whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided for in this Agreement. 29 190 of 288 XIX. SEVERABILITY AND INTEGRATION If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. XX. PROJECT MANAGER The Grantee has assigned [INSERT PROJECT MANAGER NAME ., s the Project Manager for the Project. Project Manager continuity and experience is deemed/esseratial in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. t(antee shall not change the Project Manager without first providing written notice t9ANDAG. XXI. NOTICE Any notice or instrument required to be given or .delivered IX- this Agreement ay be given or delivered by depositing the same in any United States`RQst:Cfhce, registered or certified, postage prepaid, addressed to: San Diego Association of Governments 401 B 5treet, Suite 800 San Diego, CA 92101 Attn: Susan Baldwin 15uchi Mukherjee Grantee: [LOCAL AGENCY NAME [LOCAL AGENCY ADDRESS] Attn: [LOCAL AGENCY'1OJECT MANAGER] N Notice shall be -effective upon receipt thereof. Note SANDAG`C retracts After receiving this original agreement back from the Gr tee' and before suing the aiginal agreement for final SANDAG -wet" signatures, confirm with SANDAL finance and Planning staff that the applicable RTIP has been approVW... 30 191 of 288 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 [INSERT JURISDa1ON] GARY L. GALLEGOS OR DESIGNEE iuil Name] Executive Director f [Title] APPROVED AS TO FORM: Office of General Counsel AP1'RO(ED`AS TO FORM: /tFuJI N rne1 (Title] 31 192 of 288 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET Project Location (SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS, AND INTERSECTIONS) Project Description [PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ET.:),.T 'PES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] - (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUII GET) \ f� A Traret MPO ID NO._ i 32 193 of 288 ATTACHMENT B BOARD POLICY NO. 035 COMPETITIVE GRANT PROGRAM PROCEDURES Applicability and Purpose of Policy This Policy applies to ail grant programs administered through SANDAG, whether from TransNet or another source, including but not limited to the Smart Grow Incentive Program, Environmental Mitigation Program, Bike and Pedestrian Program, Senior II1ni Grape Program, Federal Transit Administration grant programs, and Active Transportation Graft Program Nothing in this Policy is intended to supersede federal_r state grant rules, regulations, statutes, or contract documents that conflict with the requir{nts in thisolicy. There re`never enough government grant funds to pay for all of the projects,worthy4 funding in the Sail. Diego region. For this reason, SANDAG awards grant funds on a compkitive basis that takes the grantees' ability to perform their proposed project on a timely basis into acto:nt. SANDAG intends to hold grantees accountable to the project schedules<,,t ey have proposed"in order to ensure fairness in the competitive process and encourage grandees t%ret their projectsitnplemented quickly so that the public can benefit from the project deliver11b1es as somas possible. Procedures ... `. .' 1. Project Milestone and Completion Deadlknes 4 ti 1.1. When ''s cling a,*grant agreemht .for a competitive program funded and/or administered by tAfi; gran recipients must agree to the project delivery ubjeci:ives and scheciuiesin.the agrment. In additton,a:grantee's proposal must contain a schedule that f v ithu the f.ollowit deadlines. Failure to meet the deadlines below may result in /lrevocation oh1I grant funds not already expended. The final invoice for capital, planning, • or operations grar is must be sibmitted prior to the applicable deadline. 1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the project musk be completed according to the schedule provided in the grant ',agreement/but at the latest, any necessary construction contract must be awarded within two years following execution of the grant agreement, and construction mustMe completed within eighteen months following award of the construction contract. Completion of construction for purposes of this policy shall be when the prime construction contractor is relieved from its maintenance responsibilities. If no construction contract award is necessary, the construction project must be complete within eighteen months following execution of the grant agreement. 1.1.2. Funding for Planning Grants. If the grant will fund planning, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be 33 194 of 288 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 operatiois must be awarded within one year following execution of the grant agreem9rit,and the operations must commence within six months following award o;he operations contract. If no services contract -for operations is necessary, the, perations project must commence within one year of execution of the grant agr mere ; • 1.1.4 Funding for Equipment or Vehid Grants. If the `g ant,will fund equipment or vehicles, the project must be compl,eted;according to the sedule provided in the grant agreement, but at the latest, iny.necessary purchase corita-acts.. for equipment or vehicles must be awarded with n. oiae yearrfoliowing execution 'of the grant agreement, and use of the equipment or vehi.ces for the benefit of the public must commence within six months following award of 'the purchase contract. 2. Project Milestone and Completion Pea,diline Extensions .. ` 2.1. Schedules within grant agr,eernents my include project scopes and schedules that will identify interim milestones in addition tpthos described in Section 1 of this Policy. Grant recipients mat ire eive extensions: oty-their project schedules of up to six months for good cause. Ex ras!ons-of up to six mtptiisaggregate that would not cause the project to miss a completion deadline in Section. 1 ` may be approved by the SANDAG Executive Director. Exteons beyond six months agr-egate or that would cause the project to miss a completion deadIi e i $ ct c ; 1 must bet proved by the Policy Advisory Committee that has been.. delegatedhe necessity -authority by the Board. For an extension to be granted r this Section 2, thejQiiowing conditions must be met: 2.1.1. Pqr extension requests of up to six months, the grantee must request the extension Writing tote 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. N.- 2.1.2`\. grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. urt' 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. 34 195 of 288 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, inat were already granted extensions by the Executive Director and are again fa!J ng 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 diticuMent preps .efforts undertaken to maintain the project schedule, explain the reasons for the delay, ;explain why the delay is unavoidable, and demonstrate an ability to4ucceed in the extended timeframe the grantee proposes. The grantee must provide the ne`cssary infornitlon to SANDb.A staff to place in a report to the Policy Advisory Committee. 1f,i,suffi5 nt time is available`,tand the grant utilized TransNet funds, the request will first `ire taken to the Independent Taxpayer Advisory Committee (1TOC) fOr a recommends on. The grantee should make a representative available at the.. rn epng --to present a information to, and/or answer questions from, the ITOC and Polr Advi3 n Committee. 3.3 The Policy Advisory Committee' will only graQt_an extension under this Section 3 for extenuating circumstarites,that the gr ntee ould not have reasonably foreseen. 4. Resolution andfExecution ofthe Grant Avoreement 4.1 Two weeks prior: to the review by.kthe Policy Advisory Committee of the proposed grants, prospective.gra #ees must submit%a resolution from their authorized governing body t4tindudes:the pro ions in this .titilisection 4.1. Failure to provide a resolution that meets the: Oatfu`rrem.etts•in this.� S�ubsection 4.1 will result in rejection of the application and the ' application will I e dropped, from consideration with funding going to the next project as scored by the evaluation cor iivittee. 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 submissitjrn. ' 1.1 GrA tee governing body commits to providing the amount of matching ft�7is sef forth in the grant application. 4.1.2 'Grantee governing body authorizes staff to accept the grant funding and execute a grant agreement if an award is made by SANDAG. 4.2 Grantee's authorized representative must execute the grant agreement within 45 days from the date SANDAG presents the grant agreement to the prospective grantee for execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation of the grant award. 35 196 of 288 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: January2010 Amended: November 2014 36 197 of 288 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 gralit4p ided improverner.ts, the Grantee is responsible for developing a baseline data collect) plan with SANDAG to gather information on pedestrian and bicyclist activity. At a mini urb, .data should be collected for observed bicycle and pedestrian volumes, behavior, and attitudes intF project area. Once the data collection plan is approved by.SANDAG staff, the Grante.isiesponsible..for"carrying out the plan and returning collected data to SANDAG as a delivefible Standardized ¥orris required for data collection will be provided by SANDAG. Grantees are encouraged to use the National Bicycle andi''edestrian Documentation Project methodology and plan for the following: • Conduct counts prior to project construction, during ational Documentation Days in the second week of September. Suppiementerycounts and'su:rveys can be conducted during January, May, and July to provide s asonal da a, f desired. `•._ • Conduct counts for two. hours, at p ic tim9s7rejlativethe facility. For example, facilities attracting utilitarri trips -should be cunon a Tuesday, Wednesday, or Thursday from 5 to 7 p.m., whereas facihtaes.attractingtrecreational trips should be counted on a Saturday, from 9 to 11a.m. iii the case that the auulje tiJri e3rair7 " art -deernvd infeasible due to the project schedule, the Grantee and SANDAG wiB collaborate -oi an ,alternative data collection methodology and procedure. Assetof Grantees maybe selecte for in-depth evaluation by SANDAG, in which case, SANDAG will con duct the data colle*ion effort"with required participation from Grantee staff. Such in-depth evaluatie, .Conducted by\, SANDAG will take place solely for the purpose of SANDAG Active Transflortation data) collection and monitoring efforts, and will not impact Grantees' budgets. Grantees shouid plan to budget five thousand dollars ($S,OOO) 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 al! design development and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 37 198 of 288 4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG staff may meet with the Grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: Whether they are consistent with the Project proposed in the original grant application, and • Consistency with accepted pedestrian/bicycle facility and smart growth design standards. 5. Quarterly Reports and Invoices: Grantee must submit quarterrly reports and invoices to SANDAG, detailing accomplishments in the quarter, anticipated pigress next quarter, pending issues and actions toward resolution, and status of budget and sr,.il'idule. Furthermore, the Grantee agrees to provide project milestone information (such as pres5Ii at ns to community groups, other agencies, and elected officials, ground-breakings, and rib on -cut gs): to support media and communications efforts. 6. Media and Community Outreach Coordinatiok Press materials shall be provided to SANDAG staff before they are distributed. SANDAG Iogo(s)" should be included in press materials and other f project collateral. Furthermore, the grantee agrees\tp provide project milestone\lnformation to support media and communications efforts. 7, Photo Documentation: Grantees afe responsible for the ▪ fctllow,ing photo documentation: • • Before and after photos, which sktould`be._taken. from similar angles to showcase how a particular area has been transformed over time. • Project milestonepfiotos (such as groQQ id-tr akangs and ribbon -cuttings). • Photos taken thioughout;ronstruction chases and throughout the length of the project. Photos should beiV1 resolution_(at least 4 inthes by 6 inches with a minimum of 300 pixels per inch) and contain captions With .�roject..descrifItions, dates, locations, and the names of those featured, if_appropriate:. ' 8. Prceect,5ignaget4ach.proje or program in excess of $250,000 funded in whole or in part by rev ,ues from the TranWet.Fxteniv Ordinance shall be clearly designated during its construction or iriipiernentation as beihp providedy"such revenues. SANDAG will provide sign specifications. Grantee'agrees to follow si4n specifications and submit proof files to SANDAG for approval before printing. ``-.\ 9. Performance MOnitp ing: SANDAG staff may measure performance of the constructed capital improvements agaiRst sated 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. 38 199 of 288 Planning and Non -Capital Grants I. Contact lnfon-nation. Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Request for Proposals and Consultant Selection. Upon request by SANDAG, Grantee must submit consultant draft Request for Proposals to SANDAG staff for- review and comment for consistency with the agreed upon Scope of Work with SANDAG (Att9chtnent A). 3. Quarterly Reports. Grantee must submit quarterly/ reports to SANDAG, detailing accomplishments in the quarter, anticipated progress nex -'quartet- pending issues and actions toward resolution, and status of budget and schedule. 4. Stakeholder and Community Meetings. Grantee must provide 5ANDAA:with advance notice (preferably within two weeks) and agendas of all stakeholder and commun1 y meetings, and a meeting summary following the meeting. SANDAG st€lff may attend any meetings as appropriate. 5. Media and Community Outreach Coordination. Pr' s.ma'terials shall be provided to 5ANDAG staff before they are distributed. SANL [G logos) should be,induded in press materials and other project collateral. Furthermore, the Grantee,.agrees to provi 2sproject milestone information to support media and communications efforts: 6. Photo Documentation. Grantees are responsible i irthefoliowing photo documentation: • Existing conditi�'s;photos, which should i ustrate the current conditions of the project site and demons4r`ate the need:for improveclqacilities ▪ Project milestonephotos (such as workshops, presentations to community groups, other agencies, and ele teal offkkials) Photos should -be 'high resolu Lori (at least Zigches by 6 inches with a minimum of 300 pixels per inch) id coritaint ons wi project descriptions, dates, locations, and the names of those featured, if appropriate: 39 200 of 288 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS TransNet Smart Growth Incentive Program and TransNetJTDA 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 PE`'I IOD 1. Work Accomplished This Reporting Period O [INSTRUCTIONS: Replace this tot with a detaitod ,description of work completed and underway during the reporting, rio c In a bullet for t,'reference specific tasks.] Example: • Task 1 - Award Consultant Contract:,J sued RFP•: nd convened a selection panel of 5 memberyfr'orrn the City, MTS, f TCD and SANDAG to shortlist 3 of 9 firms. The panel interviewed the'3..,firms and selected XYZ Group for this project. The City Council • approired the constant contract nth XYZ Group on January 1, 2014. City staff held a kick-o meetin iprt ;January 10, 294, • Task 2 — Nbiie Outreach,- City -.stiff and XYZ Group began organizing the first wiirkthop for i1s'project. The.. nticipated date of the first workshop will be in the Febni ry1March 14 timeframe. • Task 3=Ft:` `•. • Task 4-Et±. N. 2. Deliverables Produced This Reporting Period [INSTRUEjON5:: 'urnmarize the deliverables produced during this period and indicate the date subm tt d to SANDAG. Deliverables can be submitted as an attachment to this report. See Item 5 for rrore details.] Example: • Final RFP —Submitted in December 2014. • Approved Consultant Contract and Kick -Off Meeting Notes - Submitted with this report. Please see accompanying list of attachments. 3. Is there an accompanying invoice for this period? 40 201 of 288 [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 ached to this report. Attachments over 6MB should be sent via WeTransfer.] ..' WeTransfer Link: https://sandag.wetransfer.com/ Example: c,, • Attachment 1: Consultant Contract • Attachment 2: Kick -Off Meeting Notes \� • Attachment 3: Invoice Sp dsheet • Attachment 4: Invoice Dta ation i • PART 2: SCHEDULE AND TASK'!TATU Task Scheduled Start Date (Per Grant Scope of Work) Scheduled Completion Date (Per Grant Scope of Work) Status Timing , . Anticipated Start Date (/f Different from Grant Scope of Work) Antidpated Completion {if :. Different from Grant Scope of Work) NTP D .' Yy ` Tas k [mm/ddlyy] `'•,irriin/dd/yy i 1 ` '[In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/ddlyy] [rnm/dd/yy] Task 2: Policy No. 035 Milestone %rddfyy] \. A `' ` ' \ [[tin /dd/yy] ` [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/ddlyy] [mm/dd/yy] Task 3: Policy No. 035 Milestone [mm/ddiyy] [mmldd/yy] [In Progress/ Completed/ Not Started] [On Time/ Delayed] [mm/ddlyy] [mmidd/yy] • 41 202 of 288 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 nokaon requested. Amendment requests are subject to SANDAG's approval. it is the Gra 's.responsibility to enure compliance with SANDAG Board Policy No. 035: Competitive Grant Program Prpcedhressand grant agreer,ent.terms and conditions. • PART 4: PROJECT STATUS REPORT SIGNATURE / - Prepared by', r . Date: Project na.ger,/ 42 203 of 288 •_ _ __ • • • . _ . INVOICE INSTRUCTIONS _ _ _ step ri:••_,_ Complete the Quarterly Progress Repert, Reimbursements cannot be. made wifhout a completed Quarterly progress Report, • . r .1, ' .r. • • -.... r or •• MT, Step 2:,.._ Gather Documentation forStaffCosts, CortsultanfiConiracbr Coate, and Other • . •• • • •••• • Prouide Xisio./71% 6 witna copy ai any consultant and contractor agreements 'avrar4ed irough the grant .,, • • Al I I. m m m • m , . ,, , m • • A • • ••••••••••• m ••• m • • • • • • ••• 1 111.1, 1.• •••• A A A Staff Costs should be supported by certified payroll documentation , ___,,, „ , Consultant costs should be supported by the consultant invoice AND a proof Ofpayment, The . of *ment can be either a copy of the check proVidedtO tile 0, at consultant or printout from the projects financial accounting system showing that funds were . Pursed : ••••-, _ . . • , _ . , ••••• I I 'V' h• • I , TT,Im' • o Onirari0 r C OS t•S $ no u 1 d be supported by the contractor intoice. schedule of values, Aiii?..4rOofof payment -Ilie proof of payment can be either a copy of the check ' crinkled to the contractor or a printout from the projecfs financial accounting system stimirib that funds weng,diitursed. i Other costs should be supported by either an imoice from the vendor or a receiptzot) must be accompanied by a.Orizof of payment. The preoiOfpayment can be either a • copy of the check provided to the vendor or aprintout from the projects financial . untipg system showing that fu .-vo: „ we disbursed. _ . Clearly.icientify,(1 e highlight or circle) all Arrant -related expenses on documents that atalude norkeelited costs. • :,,..,"-...:„._ _ . _. . Step3: Compleie the Opens. Summary. , .., ., . ..._. _ .,_ • ,• • • _ • ... • . _. _ • \, ./ • • . - •:, Summarize tile fetal Staff Costs, Consuftant/Contractor Costs, and Other Costs incurred duhng tbe reporting period. _ Confirm that you hare the adequate doCumentation. 4-- ''. - . • , Break down each cost by task. This will help with the next step to COMpleAt&-tbe impice statement', . , Double check and make sure all sub -totals have peen calculated cOhettly. . --•_ • Step. 4: Complete the Invoice StrAment ', • • \ ---__ -__. , ._;_. • • , _ _• _ _ • • • _ . • •• . _ • _• • •__ •••• .• •• _ __ _• •• _ • .•_. Enter the costs for each task (calculated in Step 3) into the appropriatescills of the invoice Statement. The SANDAG contribution, match contribution, and retention • amounts should automatically calculate. , • - -'-, ./ '•••••-• - '''.. • • • r • • , ••• , • • •• •••,- Enter preVous costs by task into the appropriate ceffrOfilte.screadsheet:vIlitir0aining grant balance should automatically calculate, ••• • •• _ • • ..... ••••••• ,,.._ , _ ,, ••• ..... ... Steo.: _ §ubmq99xqullyPrograssReport, involce.,..Intl,SUp..prortihg Documentatiorttb SANDAG at . "sgatorantsgilsandact.orn < • _ — _ — - • • , _ .,, _ Sign and scan the completed Quarterly Progreet Report, Sul:tar( it in PDF for \ .• .••• ..... _ , Sigh and scan the inyoice statement. Submit it iil?Dizjrm< - .• ...._ • \ • P 'Submit supporting documentation in PDF farm. Submit the completed " • Files in excess of 61415 should be subatte via: s://sanda r.com 43 204 of 288 205 of 288 PART1: STAFF cons Personnel ... _ Staff Person A . — _ rpn/cleiryry to rpmfddfyyr ____ ._. _10 $ Staff Person B mm/dcliyy to mmiddlyy 10' $ . . Staff Person O .. '.nitn/cicityy to mmicicifyy 10 $ 'Time Period Hclurs -Hourly Rate . . i1t4SERTADEifTiDRACLINES AS N EEDEDT. Amount Documentation Attached? _ 100.00'4 1 00(100 YES/NO 101) 00 $ 1,000.00 YES/NO .1100,00 $ 1,000.00 YES/NO PART COPISULTANT/CONTIaCTORtOSIS Consultant/Contractor Consultant XYZ . _ Consultant XYZ ConsUltant XYZ .Outreach Organization ABC [iNSERT AbbiTorkiALLINES AS NEEDED] JT 1 PART 3OThER COSTS Invoice No. Vendor InVpil*Vo. • ..... Vendor A Vendor B Vendor C [INSERT ADDITONAL LINES AS NEEDED] Invoice Date Description ciftostk 1 12014. PrOfessional senAcee.tpithe iintb,ofJanuary 2014 2 2ff1261.,4' Pii)fistsibriaL!eruices. r month of Febitspi,2014 : 3 3/1/2614Vrofessiona1 setCriCilktor the iitonth p(Meith 20/4 3/1/2014 0iAndt61-01.bm January 2014 to March 2614 Amount Documentation Attached? $ 10,000.00 YES1NO $ 10,000.00 -YES/NO $ 10,000.06 YES/No $ 10,000,00 YES/NO Invoice Date Description of Oasts 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 2/213/2014- SnaCks forFebruary 2014 100.00 YES/NO Workshop 45 206 of 288 'To; From: TMNSNl=T SMART GROWTH INCENTIVE PROGRAM INVOICE SUCH• MU14�RJEE 401 B Street Suite 900 San Diego, CA 92101-4231 —..._.. Nome ,.._. ,Address Protect Name: [PROJECT NAl1.J _ .. _..... _ Contract Number: 500XXX Grant Invoice Number: # ,f Billing Period; FRdM 'moles Date: 'l A'iTt< r'ry GrantAward: $0.00: Balance Remai> • it _ $0.00 , TO. TASK Previous Balance Current MMIDOPANYto MM!DDIYYYY Total Expenses SANDAGTotal Match Spent Reimbursed to Date Match to Date Total to Date Staff Costs Consultant or Contractor Costs Other Costs _ This Invoice This Invoice This Invoice 1 RFP $0.00 $0.00 $0 005,.-'., $fi & $0.00 "*, $0.00 $0 00 $0 00 $0 00 2 Existing Conditions Report $0.00 $0.00 $0 00 , -‘ $D:00 -'... $0.D J $0.00 $0 00 $0 00 $D 00 3 Pubfic Outreach $0,00 $0.00 $0 00 ',.._.'\ $0,00 _ `a$.0.00 $0.00 $0 CO $0 001 $0 00 4 Draft Plan $0.00 $0.00 $0 00 , \ ttiN ;' • . $0 00 $0.00 $0 00 $0 00 $0 00 5 Find Plan $0.00 $0.00 $0 00 ._ „gip -QC $0.00 $0.00 $0 00 $0 00 $0 00 Total $0 061 $0 00 $0 00 $0 00 $0 00 $0 00 $0 CO $0 00 $0 00 ?`•. •. .. _..._ _ _. t� ,rr. T.._ ' ...:. • '• TotalCurrent Expenditures: $0.00 Cu .._.. _.. _... Total Amount Due this Invoice: $0.00 Less /0% Retention; MOO Match % Met to Date: ..... #DTVfOI Total Project gttant+Match) Budget - - ' $0.00 Tad 1 . A., Ta k`2 $0.00 Task 1, $0.00 Task 4: $0,00 Task 5' $0.00 Tet1'AL• $0.00 SANDAL Grant: $0,00 Match; $0.00 #DIVfOf SANDAG -� Contribution % Required Match °%' #DIVIOI 46 207 of 288 CERTIFICATION OF GRANTEE 1 hereby certify that the aboi,e costs were Incurred in performance of the work required under the grant and are consistent with the amounts evidenced byattached supporting documents and expenditures. Signature Printed Name artd''iftl 47 208 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 209 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 enter into an agreement with the Coast Community College District (Golden West College) to provide training services. The training program to be provided is the Public S 209 of 288 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to enter into an agreement with the Coast Community College District (Golden West College) to provide training services. The training program to be provided is the Public Safety Dispatch Supervisor Course. The cost of the training will be $ 395 per student for up to four students for a total cost of $1,580 for an 80- hour course. PREPARED BY: Greg Seward, Lieutenant DEPARTMENT: Police PHONE: (619) 336-4538 APPROVED BY: EXPLANATION: The National City Police Department is required by Police Officer Standards and Training (P.O.S.T.) guidelines to send Dispatch Supervisors to an 80 hour Public Safety Dispatch Supervisors Course. The nearest P.O.S.T approved course is at Golden West College in Costa Mesa. The college requires a standard agreement be signed for personnel to attend their Public Safety Dispatch Supervisor Course. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: `-'10744 ,'a Z Finance APPROVED: 001-411-136-226-0000 (P.O.S.T Reimbursable Training, Travel & Subsistence) — up to $1,580 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Agreement between the City of National City and the Coast Community College District 210 of 288 COAST COMMUNITY COLLEGE DISTRICT Agreement for Contracted Education Services This Agreement for Contracted Education Services ("AGREEMENT") is entered into as indicated on the signature lines below, by and between the COAST COMMUNITY COLLEGE DISTRICT (Golden West College), 1370 Adams Avenue, Costa Mesa, CA 92626, hereinafter, "DISTRICT", and the CITY OF NATIONAL CITY hereinafter, "AGENCY". DISTRICT and AGENCY are referred to herein individually as "PARTY" and collectively as "PARTIES." WHEREAS, DISTRICT is authorized by Section 55170 of Title 5 of the California Code of Regulations and Section 78021 of the California Education Code to conduct Contract Training and Consultation Services to serve community needs; and WHEREAS, AGENCY desires to contract with the DISTRICT for Training and/or training services as identified herein. DISTRICT and AGENCY agree as follows: 1. The term of this AGREEMENT shall be from October 12, 2016 through June 30, 2019 , inclusive. 2. The training program to be offered is Public Safety Dispatcher, Supervisory Course. 3. A COPY of the flyer is attached. The program should have a total of 80 hours of training and/or training will be provided to a maximum of 35 participants. DISTRICT may offer up to one programs of Training during the term of this •agreement. 3. The services will be conducted at: Golden West College Criminal Justice Training Center 4. Participants successfully completing the program will receive 0 units of college credit in accordance with policies of the DISTRICT Board of Trustees. 5. AGENCY agrees to pay the DISTRICT the sum of Three hundred and Ninety Five Dollars per participant for training services and instructional material provided under this agreement. AGENCY agrees that DISTRICT may, from time to time, during the term of this agreement, amend the per participant rate for training services and instructional material. During the course of the AGREEMENT, AGENCY may request additional classes by contacting the DISTRICT administrative liaison (designated in paragraph number seven). 6. AGENCY shall pay for each program participant's participation in the training prior to such training commencing, and regardless of whether such participants complete the full program. AGENCY shall pay by agency check or credit card. Payment can be submitted prior to the start of the class but no later than the first day of instruction. 7. DISTRICT and AGENCY will provide an administrative liaison to the other in IRV #4830-9348-2499 vl 211 of 288 the performance of this AGREEMENT. The administrative contact for DISTRICT will be Suzanne Rosas, Program Coordinator , ( 714) 895-8925 . The administrative contact for AGENCY will. The administrative contact for AGENCY will be Nancy Nagle at (619) 336-4488. 8. The PARTIES agree that they will not unlawfully discriminate in the selection of any participant to receive training pursuant to this AGREEMENT because of that participant's race, creed, national origin, religion, sex, sexual preference, marital status, age, disability, veteran status, genetic information, and/ or medical condition. 9. AGENCY will make whatever special arrangement is necessary to account for participant/employee time spent in Training should AGENCY policy require more than a noticed review of DISTRICT attendance records. 10. AGENCY agrees to indemnify, defend, and hold harmless DISTRICT, its trustees, agents, and employees from any damages or claims resulting from acts or omissions of AGENCY, its agents, or employees. DISTRICT agrees to indemnify, defend, and hold harmless AGENCY, its agents, and employees from any damages or claims resulting from acts of omissions of DISTRICT, its agents, or employees. 11. Entire Agreement. This AGREEMENT supersedes all prior agreements, either oral or written between the PARTIES with respect to the subject of this AGREEMENT. Each party to this AGREEMENT acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party which is not embodied herein. All amendments or modifications to this AGREEMENT shall be in writing and signed by both PARTIES before such shall take effect. 12. The DISTRICT personnel assigned to develop coordinate, and conduct the education and/or service(s) provided for herein, will be certified in accordance with the standards on file with DISTRICT and/or by documented experience and credentials is acceptable to AGENCY. 13. AGENCY shall, no less than forty-eight hours in advance, communicate with the assigned DISTRICT administrator any changes to the scheduled time, location or scope of the educational services agreed upon by AGENCY and DISTRICT. 14. All notices or communication required or permitted to be given hereunder shall be in writing and served personally, delivered by courier or sent by United States certified mail, postage prepaid with return receipt, addressed to the other party as follows: To Campus: IRV #4830-9348-2499 vl 212 of 288 With a copy to: To AGENCY: Suzanne Rosas/Criminal Justice Training Center Golden West College 15744 Goldenwest Street Huntington Beach CA, 92647-0748 Coast Community College District 1370 Adams Avenue Costa Mesa, CA 92626 Attn: Risk Services Manuel Rodriguez, Chief of Police NATIONAL CITY POLICE DEPARTMENT 1200 National City Blvd. National City, CA 91950 and/or such other persons or places as either of the PARTIES may hereafter designate in writing. All such notices personally served delivered by courier shall be effective when received. All notices sent by certified mail shall be effective forty-eight hours after deposit in the mail. 15. Each individual executing this AGREEMENT on behalf of the PARTIES represent and warrant that he/she is duly authorized to execute this AGREEMENT on behalf of their respective party and that this AGREEMENT is binding thereto. AGENCY COAST COMMUNITY COLLEGE DISTRICT Signature Ron Morrison Typed Name Mayor Signature Chancellor, or President, Board of Trustees Date Date IRV ##4830-9348-2499 vl 213 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 214 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Sustainable Transportation Planning Grant Program funds through the California Department of Transportation (Caltrans) for National City's INTRA-C 214 of 288 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, I) authorizing the filing of an application for Sustainable Transportation Planning Grant Program funds through the California Department of Transportation (Caltrans) for National City's INTRA-Connect project (Integrating Neighborhoods with Transportation Routes for All) in the amount of $230,000; 2) committing to a local match of $70,000; and 3) authorizing the City Manager to execute the grant agreement with Ca!trans, if selected for grant award. PREPARED BY: Stephen Manganieflo PHONE: 336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: APPROVED: if grant funds are awarded, staff will return to City Council to appropriate funds. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the filing of an application for Sustainable Transportation Planning Grant Program funds through Caltrans for National City's INTRA-Connect project in the amount of $230,000. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution 215 of 288 EXPLANATION The Sustainable Transportation Planning Grant Program was created to support the California Department of Transportation's (Ca]trans') Mission to, "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability." The program focuses on supporting projects that demonstrate the ability to achieve the following transportation planning goals: 1. Improve Multimodal Mobility and Accessibility for All People: Expand the system and enhance modal choices and connectivity to meet the State's future transportation demands. 2. Preserve the Multimodal Transportation System: Maintain, manage, and efficiently utilize California's existing transportation system. 3. Support a Vibrant Economy: Maintain, manage, and enhance the movement of goods and people to spur the economic development and growth, job creation, and trade. 4, Improve Public Safety and Security: Ensure the safety and security of people, goods, services, and information in all modes of transportation. 5. Foster Livable and Healthy Communities and Promote Social Equity: Find transportation solutions that balance and integrate community values with transportation safety and performance, and encourage public involvement in transportation decisions. 6, Practice Environmental Stewardship: Plan and provide transportation services while protecting our environment, wildlife, historical, and cultural assets. Staff seeks City Council authorization to file an application for Sustainable Transportation Planning Grant Program funds through Caltrans for National City's INTRA-Connect project (Integrating Neighborhoods with Transportation Routes for All) in the amount of $230,000. The INTRA-Connect project expands upon National City's SMART Foundation Plan (Safe Multi -modal Accessible Routes To...transit, schools, parks, shops, services and recreation), which identified infrastructure enhancements to encourage multi -modal transportation in National City, by taking a comprehensive and integrated look at Smart Growth Planning, Smart Mobility and Smart Parking elements. This strategic approach will further support infill development as well as localize self-supporting neighborhoods that keep vehicular miles traveled (VMT) down, thereby reducing greenhouse gas (GHG) emissions and VMT, simultaneously. A central focus of this project will be the concept of 1 v-minute 'Walk neighborhoods," 10-minute "drive communities" and 10-minutes to "transit connections." The 10-minute concept will encourage more compact development, enhance transit use, increase 216 of 288 multi -modal transportation, reduce the distance and time people need to travel, and subsequently, reduce GHG emissions. The project wi!! maximize developable inf.!!! opportunities while taking a comprehensive approach to reviewing the City's street classification standards, including an analysis of the current community corridor network, creating additional definitions of sub -categories of street typology for all community corridors, and standardizing transportation amenities and street guidelines. The final plan will produce a framework of active transportation strategies, overview of street classifications and design standards, refinement of community corridors, development of priority projects including conceptual designs and preliminary cost estimates, identification of infill investment areas, and potential changes in land use and intensity. Staff has partnered with Circulate San Diego and KTU-1-A, through existing on -call contracts, to prepare the application and assist staff with project implementation if grant funds are awarded. The grant does require a local match. Staff recommends committing to a $70,000 local match, which will result in a $3O0,00O project. The local match amount of $70,000 has already been appropriated through the General Fund and has been programmed for use with these two consultant firms to assist with active transportation planning. Therefore, we would simply be leveraging these efforts towards the grant. Staff also recommends authorizing the City Manager to execute the grant agreement with Caltrans, if selected for grant award, to expedite Caltrans' ability to issue a Notice to Proceed. !f grant funds are awarded, staff will return to City Council to request appropriation of the grant funds and provide a timeline for the project, including community outreach efforts. 217 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 218 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving revisions to the City of National City Workplace Violence and Security Policy. (Human Resources) 218 of 288 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving revisions to the City of National City Workplace Violence and Security Policy. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY: (7e____.,CJ� The Human Resources Department engaged the services of an attorney subject matter expert in the area of labor relations to assist in reviewing and updating the City's various labor relations policies and procedures for the purpose of ensuring that all such documents are in compliance with current Federal, State and local laws. The proposed revisions to the Workplace Violence and Security Policy are the result of said review. The current policy was adopted by City Council Resolution on February 4, 1997. The City's formally recognized collective bargaining groups were notified of the proposed revisions. The revisions were met and conferred upon as requested by the collective bargaining groups. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this item. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution approving revisions to the City of National City Workplace Violence and Security Policy. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Workplace Violence and Security Policy — Original 2. Workplace Violence and Security Policy — Strike Out (Edited) Version 3. Workplace Violence and Security Policy — Revised 21 OT Lrszs CALIFORNIA +wer NATIONAL Ct r'Y 3 ' - INCORPORATDL - City of National City WORKPLACE VIOLENCE AND SECURITY POLICY I. POLICY STATEMENT It is the policy of the City of National City that every employee is entitled to work in a safe environment. To this end, violence or the threat of violence in the workplace will not be tolerated in any form. It is inappropriate to use violence or threats of violence in an attempt to intimidate, prevent work from being completed or in any way interfere with the maintenance of a safe work place. To this end, the City Council adopts the following policy. Employees are expected to conduct themselves in accordance with the Personnel Rules and Regulations of the City. The City recognizes that individuals may experience difficulties related to their work, their relationships with co-workers, supervisors, superintendents, managers or members of the public. The City offers an Employee Assistance Program (EAP) for all City employees to receive support in handling any personal difficulties that may arise. When such difficulties are known, departments should inform affected employee(s) of the services provided by the EAP. 1. No employee of the City shall threaten or commit an act of violence toward another employee, the public or property of the City. The City has a "zero -tolerance" policy for any act or threat of violence in the workplace. 2. All acts or threats of violence will be reported immediately to a supervisor, superintendent, Department Head, the Risk Manager and/or Personnel Director. 3. All reported acts or threats of violence will be investigated by the department in which the act occurred or, if more than one department is involved, by Personnel. 4. No employee shall bring to the worksite, on their person, or in their belongings or vehicle any non job related weapon or dangerous material of any type; for example, firearms, knives, or firecrackers. 5. Individuals who commit acts or threats of violence are subject to disciplinary action up to and including termination. Even in the absence of prior progressive disciplinary action, violating this workplace safety program may be caused for dismissal from employment. 1 220 of 288 6. All employees are responsible for using safe work practices, for following written procedures and policies, and for assisting in maintaining a safe and secure work environment. Definitions 1. Workplace Violence: An intense and extreme behavior used to frighten, intimidate, injure, damage, or destroy another person or property at the place of work. It is usually an expression of anger, and can take the following forms: a. gestures g. self -prediction of loss of control b. innuendo h. stalking c. intimidation i. fostering strong negative feeling or emotion d. physical force j. threats e. retaliation k. violation of another's rights, property or sensibilities f. rough action 2. Threat: A direct or implied expression of intent to inflict physical harm and/or actions that a reasonable person would perceive as a threat to physical safety or property. The following are some examples of behaviors that may be considered threats. Additionally, because intent may not always be disconcerned by co-workers, jokes about physical acts of violence will not be tolerated. • verbal threats are voiced descriptions of what the violent person plans to do, or bizarre statements or actions threatening physical harm often stemming from a perceived work injustice; or • threatening conduct, such as intimidating others, is showing -off or actually brandishing a weapon or potentially dangerous device, or the obsessions, such as apparently nursing a grudge against a co-worker or supervisor or from frustrated romantic interests. All individuals have the right to self-expression. However, the City will not tolerate abuse of this right. II. ASSIGNMENT OF RESPONSIBILITY Management All managers, superintendents and supervisors are responsible for ensuring each employee is aware of the policy and complies with this workplace violence prevention program in their work areas. The City supports a communication system that promotes and encourages a continuous flow of safety, health and security information between management and employees without fear of reprisal. Within the City it is recognized that in order to maintain a safe, healthy and violence -free workplace, there must be open and two-way communication between all employees, supervisors, superintendents and managers on workplace safety, health and security issues. 2 221 of 288 Employee Employees are charged with adhering to this City policy against workplace violence. III. COMPLIANCE The procedure for ensuring that all employees, including supervisors, superintendents, and managers, comply with work practices that are designed to make the workplace more secure and free of violence, and do not engage in verbal threats or physical actions which create a security hazard for others in the workplace, includes: 1. Informing employees, supervisors, superintendents and managers of the provisions of the Workplace Violence and Security Policy; 2. Evaluating the performance of all employees for compliance with the Workplace Violence and Security measures; 3. Recognizing employees who perform work practices which promote security in the workplace; 4. Providing training and/or counseling to employees whose performance in complying with work practices designed to ensure workplace security is deficient; 5. Disciplining workers for failure to comply with the Workplace Violence and Security Policy and practices up to and including termination. IV. TRAINING Procedures All employees, including managers, superintendents and supervisors, shall be instructed on general and job -specific workplace security practices by their immediate supervisor. All new employees and all other employees, for which instruction has not been provided and documented, shall be instructed on this policy, sign an acknowledgement receipt and comply with the policy. All employees, supervisors, superintendents and managers shall be re -instructed on this policy whenever the City is made aware of a new or previously unrecognized security hazard, violent behavior or other tendencies on the part of the employee that may lead to violence or security problems. V. INCIDENT INVESTIGATION AND REPORTING 3 222 of 288 It is the responsibility of the Department Director to report and investigate all threats or acts of violence that occur in their department. The Department Director may designate a manager from within the department to conduct the investigation. The immediate supervisor in the area where the incident occurred should immediately begin an informal investigation into the matter and prepare the written report of the incident to the Department Director. Reporting A written report shall be completed immediately an incident of a threat or act of the workplace violence by: The Employee who the act or threat was committed against and the supervisor/superintendent where the incident took place on a form provided by the Personnel Department. Investigating An investigation, in such detail as may be appropriate, shall immediately follow a report of an act of violence. A written summary of the investigation, and a description of the resolution, if any, shall be issued by the investigating officer/Department Head to both the Risk Manager and Personnel Director. In investigating an act or threat of workplace violence, the investigating officer shall: 1. Review all previous incidents involving violence at the workplace, including threats of violence and verbal abuse; 2. Visit the scene of the incident as soon as possible; 3. Interview the injured and threatened employees and witnesses; 4. Examine the workplace for security risk factors associated with the incident, including any reports of inappropriate behavior by the perpetrator; 5. Determine the cause of the incident; 6. Take corrective action to prevent the incident from recurring; and 7. Record the findings and corrective actions taken, to include any disciplinary action taken or proposed 4 223 of 288 NATIONAL CITy INCORPORAT>i9 City of National City Human Resources Department OCCUPATIONAL SAFETY OR SECURITY PROGRAM INCIDENT REPORT This form must be completed by the employee and the supervisor when an incident of violence, safety or security has occurred. Employee(s) Name(s): Job Title: Date of Incident: Location of Incident: Department: Time: a.m./p.m. Person(s) involved and witness(es) to the incident: Name: Tel. No. Home/Work/Cell Name: Tel. No. Home/Work/Cell Name: Tel. No. Home/Work/Cell Description of the Incident: Employee's Signature: Date: Describe personal and/or property damage resulting from incident and any injury medical treatment required: Preventable? Non -Preventable? Safety Equipment Used? O Yes 0 No What actions have been taken with regard to incident? How could similar incidents be prevented? Supervisor's Signature: Date: Department Director's Signature: Date: 224 of 288 CALIFORNIA --- NATiONrAL C ; y :war/ City of National City WORKPLACE VIOLENCE AND SECURITY POLICY I. POLICY STATEMENT It is the policy of the City of National City that every employee is entitled to work in a safe environment. Therefore, the District has adopted a "zero tolerance" policy regarding workplace violence. Consistent with this Policy, acts or threats of physical violence, including intimidation, harassment, or coercion, which involve or affect the City or which occur on City property will not be tolerated. Acts or threats of violence include conduct which is sufficiently severe, offensive, or intimidating to alter the employment conditions at the City by creating a hostile, abusive, or intimidating work environment for one or several City employees, To this end, violence or the threat of violence in the workplace will not be tolerated in any form. It is inappropriate to use violence or threats of violence in an attempt to intimidate, prevent work from being completed or in any way interfere interfering with the maintenance of a safe work place. To this end, the City Council adopts the following policy. Regulations of the City. The City recognizes that individuals may experience difficulties related to their work, their relationships with co workers, supervisors, superintendents, managers or members of the public. The City offers an Employee Assistance Program may arise. When such difficulties are known, departments should inform affected employee(s) of the services provided by the EAP. 1. No employee of the City shall threaten or commit an act of violence toward another employee, member of the public, or property of the City. The City has a "zero tolerance" policy for any act or threat of violence in the workplace. 2. All acts or threats of violence will -shall be reported immediately to a supervisor, superintendent, Department IadDirector, the Risk Manager and/or Personnel Human Resources Director. 3. All reported acts or threats of violence will be timely investigated by the department City. in which the act occurred or, if more than one department is involved, by Personnel.Appropriate actions will be taken to prevent further violent conduct or threats of violent conduct from occurring or being repeated. 1 225 of 288 4. Unless pre -authorized or a condition of employment (i.e. sworn Police personnel), No no employee shall bring to the worksite or any City property or building, on their person, or in their belongings or vehicle any non job related weapon or dangerous material of any type; for example, firearms, knives, or firecrackers. Job -related weapons or tools that could be deemed a weapon must be authorized by the employee's supervisor. F 4:5. This prohibition against workplace violence applies to all persons involved in City operations, including but not limited to City personnel, contract workers, temporary employees, and anyone on City property or conducting City business off City property. 5 6_Individuals who commit acts or threats of violence or otherwise violate the provisions of this policy are subject to disciplinary action up to and including termination. Even in the absence of prior progressive disciplinary action, violating this workplace safety programpolicy may be caused for dismissal from employment. Other corrective action may include, but is not limited to, referral to law enforcement agencies for illegal or criminal actions and/or the City seeking a workplace violence restraining order on behalf of the affected employee(s). 7. All employees are responsible for using safe work practices, for following written procedures and policies, and for assisting in maintaining a safe and secure work environment. 6-8. The City recognizes that individuals may experience difficulties related to their work, their relationships with co-workers, supervisors, superintendents, managers or members of the public. The City offers an Employee Assistance Program (EAP) for all City employees to receive support in handling any personal difficulties that may arise. When such difficulties are known, departments should inform affected employee(s) of the services provided by the EAP. Definitions 1. Workplace Violence: An intense and extreme behavior used to frighten, intimidate, injure, or damage, or destroy another person or property at the place of work. It is usually an expression of anger, and can take the following forms: a. gestures b. innuendo c. intimidation d. physical force e. retaliation E rough action g. self -prediction of loss of control h. stalking i. fostering strong negative feeling or emotion j. threats k. violation of another's rights, property or sensibilities 2 Formatted: List Paragraph, Leff, No bullets or numbering, Don't keep lines together, Tab stops: Not at 0.88" Formatted: List Paragraph, Left, No bullets or numbering, Don't keep lines together, Tab stops: Not at 0.88" 226 of 288 2-Threat: A direct or implied expression of intent to inflict physical harm and/or. actions that a reasonable person would perceive as a threat to physical safety or property. Additionally, because intent may not always be perceived by co-workers, jokes about physical acts of violence will not be tolerated. The following are some examples of behaviors that may be considered threats. Additionally, because intent may not always be dieconccrncd by co workcrs, jokcs about physical acts of violcnco will not be tolerated. • verbal threats are voiced descriptions of what the violent person plans to do, or bizarre statements or actions threatening physical harm often stemming from a perceived work injustice; or • threatening conduct, such as intimidating others, is showing off or actually brandishing a weapon or potentially dangerous device, or the obsessions, such as apparently nursing a grudge against a co worker er s„peryisor or fro frustrated remasign interests. All individuals have the right to self-expression. However, the City will not tolerate abuse of this right. Examples Specific examples of conduct that may be considered threats or acts of violence include, but are not limited to, the following: a. Striking, punching, slapping, shoving or otherwise physically assaulting another person. b. Fighting or challenging another person to a fight, grabbing, pinching or touching another person in an unwanted fashion (whether sexually or otherwise). c. Threatening an individual or his or her family, friends, associates, or property with harm in any way, whether verbal, written or physical. d. The intentional destruction or threat of destruction of property. e. Harassing or threatening phone calls. f. Harassing surveillance or stalking. g. The suggestion or intimation that violence is appropriate. h. Unauthorized possession or inappropriate use of a firearm, knife, explosive or destructive device or other dangerous weapon. This includes individuals that have permits to carry a concealed weapon. i. Any intimidating behavior reasonably perceived as a threat, including, but not limited to, yelling, shouting, swearing in anger, throwing things or slamming doors. 3 Formatted: Indent: Left: 0.5", Hanging: 0.38", Tab stops: Not at 0.5" 227 of 288 II. RESPONSIBILITIES UNDER THIS POLICY Management All employees in a supervisory role or position shall maintain his or her workplace free from workplace violence or threats of workplace violence. All managers, superintendents and supervisors are responsible for: Formatted: Left • ensuring Ensuring each employee is aware of the policy and complies with this. -- workplace violence prevention program in their work areas. • Supervising, evaluating, and documenting employee behavior and performance in conformance with safe work practices. • Immediately reporting any threats or acts of violence which they have witnessed, received, or have been told that another person has witnessed or received to the Department Head and/or Human Resources, and to the police if the potential for a criminal violation exists. Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.75" + Indent at: 1" ▪ ( Formatted: List Paragraph, Indent: Left: 1" • Ensuring reception and other appropriate employees are immediately made aware. - of a potential threat. Taking immediate measures in conjunction with law enforcement and the Human Resources Director to make sure all individuals who pose an immediate threat to the safety of others are removed from the workplace. The City supports a communication system that promotes and encourages a continuous flow of safety, health and security information between management and employees without fear of reprisal. Within the City it is recognized that in order to maintain a safe, healthy and violence -free workplace, there must be open and two-way communication between all employees, supervisors, superintendents and managers on workplace safety, health and security issues. Employee Employees are charged with adhering to this City policy against workplace violence and are responsible for immediately reporting any threats or acts of violence which they have witnessed or received to their supervisor or Department Director. This includes threats by employees, as well as threats by customers, vendors, solicitors, or other members of the public as against City employees in the workplace. All suspicious individuals must be reported to a supervisor, Department Director or law enforcement as soon as possible. Employees who witness acts of criminal behavior or the planning of a criminal act that results or could result in workplace violence are responsible for immediately reporting such acts or planned acts to law enforcement and to their supervisor or Department Director. III. COMPLIANCE 4 Formatted: Bulleted + Level: 1 + Aligned at: 0.75" + Indent at: 1" 228 of 288 The procedure for ensuring that all employees, including supervisors, superintendents, and managers, comply with work practices that are designed to make the workplace more secure and free of violence, and do not engage in verbal threats or physical actions which create a security hazard for others in the workplace, includes: 1. Informing employees, supervisors, superintendents and managers of the provisions of the Workplace Violence and Security Policy; 2. Evaluating the performance of all employees for compliance with the Workplace Violence and Security measures; 3. Recognizing employees who perform work practices which promote security in the workplace; 4. Providing training and/or counseling to employees whose performance in complying with work practices designed to ensure workplace security is deficient; 5. Disciplining workers for failure to comply with the Workplace Violence and Security Policy and practices up to and including termination. IV. TRAINING Procedures All employees, including managers, superintendents and supervisors, shall be instructed on general and job -specific workplace security practices by their immediate supervisor. All new employees and all other employees, for which instruction has not been provided and documented, shall be instructed on this policy, sign an acknowledgement receipt and comply with the policy. All employees, supervisors, superintendents and managers shall be re -instructed on this policy whenever the City is made aware of a new or previously unrecognized security hazard, violent behavior or other tendencies on the part of the employee that may lead to violence or security problems. V. INCIDENT INVESTIGATION AND REPORTING It is the responsibility of the Department Director to report and investigate all threats or acts of violence that occur in their department. The Department Director may designate a manager from within the department to conduct the investigation. The immediate investigation into the matter and prepare the written report of the incident to the Department Director, Reporting 5 229 of 288 Any employee who is the victim of any violent or threating conduct, or who observes such conduct shall report the conduct to his or her immediate supervisor, Department Director, or the Human Resources Director, as well as to law enforcement, if appropriate under the circumstances. This includes threats by employees, as well as threats by customers, vendors, solicitors, or other members of the public as against City employees in the workplace. All suspicious individuals or activities must also be reported as soon as possible. A written report shall be completed immediately Immediately after an -the incident of a threat of or act of the -workplace violence by, a written report on a form provided by the Human Resources Department shall be completed by: The Employee who the act or threat was committed against and the supervisor/superintendent where the incident took place, on a f rm provided b,. the Personnel Department. If an employee has been threatened by someone outside the work place and has reason to believe there is a risk of violence in the workplace, the employee should notify their supervisor immediately so the City can evaluate whether or not seeking a workplace restraining order is appropriate. Employees who have obtained a civil restraining order against another person for violence occurring outside the workplace should notify their supervisor. Investigating It is the responsibility of the Department Director to report and investigate all threats or acts of violence that occur in their department. The Department Director shall consult with the Risk Manager or Human Resources Director before initiating an investigation into a violent or potentially violent incident. An investigation, in such detail as may be appropriate, shall be initiated immediately follow] g a report of an act or threat of violence and shall be concluded as soon as possible. -The Department Director in coordination with the Human Resources Director may designate another manager, as appropriate, to conduct the investigation. The investigator shall coordinate with Human Resources and law enforcement as necessary. A written summary of the investigation, and a description of the resolution, if any, shall be issued by the investigating officer/Department Head Director to both the Risk Manager and Personnel Human Resources Director. In investigating an act or threat of workplace violence, the investigating officer shall: 1. Review all previous incidents involving violence at the workplace, including threats of violence and verbal abuse; 2. Visit the scene of the incident as soon as possible; 3. Interview the injured and threatened employees and witnesses; d. Examine the workplace for security risk factors associated with the incident, 5. Determine the cause of the incident; 6 230 of 288 6. Take corrective action to prevent the incident from recurring; and 7. Record the finding and corrective actions taken, to include any disciplinary action Apo 231 of 288 CALI F9H01IJ NATIONAL Cl/ 7y 1J31 ^49xPUYA?� -. City of National City Human Resources Department OCCUPATIONAL SAFETY OR SECURITY PROGRAM INCIDENT REPORT This form must be completed by the employee and the supervisor when an incident of violence, safety or security has occurred. Employee(s) Name(s): Job Title: Date of Incident: Location of Incident: Department: Time: a.m./p.m. Person(s) involved and witness(es) to the incident: Name: Tel. No. Home/Work/Cell Name: Tel. No. Home/Work/Cell Name: Tel. No. Home/Work/Cell Description of the Incident: Employee's Signature: Date: Describe personal and/or property damage resulting from incident and any injury medical treatment required: Preventable? Non -Preventable? Safety Equipment Used? O Yes O No What actions have been taken with regard to incident? How could similar incidents be prevented? Supervisor's Signature: Date: Department Director's Signature: Date: 232 of 288 CALIFORNIA +wer NATIONAL Ct r'Y 3 ' - INCORPORATDL - City of National City WORKPLACE VIOLENCE AND SECURITY POLICY I. POLICY STATEMENT It is the policy of the City of National City that every employee is entitled to work in a safe environment. Therefore, the District has adopted a "zero tolerance" policy regarding workplace violence. Consistent with this Policy, acts or threats of physical violence, including intimidation, harassment, or coercion, which involve or affect the City or which occur on City property will not be tolerated. Acts or threats of violence include conduct which is sufficiently severe, offensive, or intimidating to alter the employment conditions at the City by creating a hostile, abusive, or intimidating work environment for one or several City employees, or in any way interfering with the maintenance of a safe work place. To this end, the City Council adopts the following policy. 1. No employee of the City shall threaten or commit an act of violence toward another employee, member of the public, or property of the City. 2. All acts or threats of violence shall be reported immediately to a supervisor, superintendent, Department Director, the Risk Manager and/or Human Resources Director. 3. All reported acts or threats of violence will be timely investigated by the City. Appropriate actions will be taken to prevent further violent conduct or threats of violent conduct from occurring or being repeated. 4. Unless pre -authorized or a condition of employment (i.e. sworn Police personnel), no employee shall bring to the worksite or any City property or building, on their person, or in their belongings or vehicle any non job related weapon or dangerous material of any type. Job -related weapons or tools that could be deemed a weapon must be authorized by the employee's supervisor. 5. This prohibition against workplace violence applies to all persons involved in City operations, including but not limited to City personnel, contract workers, temporary employees, and anyone on City property or conducting City business off City property. 1 233 of 288 6. Individuals who commit acts or threats of violence or otherwise violate the provisions of this policy are subject to disciplinary action up to and including termination. Even in the absence of prior progressive disciplinary action, violating policy may be cause for dismissal from employment. Other corrective action may include, but is not limited to, referral to law enforcement agencies for illegal or criminal actions and/or the City seeking a workplace violence restraining order on behalf of the affected employee(s). 7. All employees are responsible for using safe work practices, for following written procedures and policies, and for assisting in maintaining a safe and secure work environment. 8. The City recognizes that individuals may experience difficulties related to their work, their relationships with co-workers, supervisors, superintendents, managers or members of the public. The City offers an Employee Assistance Program (EAP) for all City employees to receive support in handling any personal difficulties that may arise. When such difficulties are known, departments should inform affected employee(s) of the services provided by the EAP. Definitions 1. Workplace Violence: An intense and extreme behavior used to frighten, intimidate, injure, or damage another person or property at the place of work. It is usually an expression of anger, and can take the following forms: a. gestures g. self -prediction of loss of control b. innuendo h. stalking c. intimidation i. fostering strong negative feeling or emotion d. physical force j. threats e. retaliation k. violation of another's rights, property or sensibilities f. rough action 2. Threat: A direct or implied expression of intent to inflict physical harm and/or actions that a reasonable person would perceive as a threat to physical safety or property. Additionally, because intent may not always be perceived by co-workers, jokes about physical acts of violence will not be tolerated. All individuals have the right to self-expression. However, the City will not tolerate abuse of this right. Examples Specific examples of conduct that may be considered threats or acts of violence include, but are not limited to, the following: a. Striking, punching, slapping, shoving or otherwise physically assaulting another person. 7 234 of 288 b. Fighting or challenging another person to a fight, grabbing, pinching or touching another person in an unwanted fashion (whether sexually or otherwise). c. Threatening an individual or his or her family, friends, associates, or property with harm in any way, whether verbal, written or physical. d. The intentional destruction or threat of destruction of property. e. Harassing or threatening phone calls. f. Harassing surveillance or stalking. g. The suggestion or intimation that violence is appropriate. h. Unauthorized possession or inappropriate use of a firearm, knife, explosive or destructive device or other dangerous weapon. This includes individuals that have permits to carry a concealed weapon. i. Any intimidating behavior reasonably perceived as a threat, including, but not limited to, yelling, shouting, swearing in anger, throwing things or slamming doors. II. RESPONSIBILITIES UNDER THIS POLICY Management All employees in a supervisory role or position shall maintain his or her workplace free from workplace violence or threats of workplace violence. All managers, superintendents and supervisors are responsible for: • Ensuring each employee is aware of the policy and complies with this workplace violence prevention program in their work areas. • Supervising, evaluating, and documenting employee behavior and performance in conformance with safe work practices. • Immediately reporting any threats or acts of violence which they have witnessed, received, or have been told that another person has witnessed or received to the Department Head and/or Human Resources, and to the police if the potential for a criminal violation exists. • Ensuring reception and other appropriate employees are immediately made aware of a potential threat. Taking immediate measures in conjunction with law enforcement and the Human Resources Director to make sure all individuals who pose an immediate threat to the safety of others are removed from the workplace. 3 235 of 288 The City supports a communication system that promotes and encourages a continuous flow of safety, health and security information between management and employees without fear of reprisal. Within the City it is recognized that in order to maintain a safe, healthy and violence -free workplace, there must be open and two-way communication between all employees, supervisors, superintendents and managers on workplace safety, health and security issues. Employee Employees are charged with adhering to this City policy against workplace violence and are responsible for immediately reporting any threats or acts of violence which they have witnessed or received to their supervisor or Department Director. This includes threats by employees, as well as threats by customers, vendors, solicitors, or other members of the public as against City employees in the workplace. All suspicious individuals must be reported to a supervisor, Department Director or law enforcement as soon as possible. Employees who witness acts of criminal behavior or the planning of a criminal act that results or could result in workplace violence are responsible for immediately reporting such acts or planned acts to law enforcement and to their supervisor or Department Director. III. COMPLIANCE The procedure for ensuring that all employees, including supervisors, superintendents, and managers, comply with work practices that are designed to make the workplace more secure and free of violence, and do not engage in verbal threats or physical actions which create a security hazard for others in the workplace, includes: 1. Informing employees, supervisors, superintendents and managers of the provisions of the Workplace Violence and Security Policy; 2. Evaluating the performance of all employees for compliance with the Workplace Violence and Security measures; 3. Recognizing employees who perform work practices which promote security in the workplace; 4. Providing training and/or counseling to employees whose performance in complying with work practices designed to ensure workplace security is deficient; 5. Disciplining workers for failure to comply with the Workplace Violence and Security Policy and practices up to and including termination. IV. TRAINING Procedures All employees, including managers, superintendents and supervisors, shall be instructed on general and job -specific workplace security practices by their immediate supervisor. 4 236 of 288 All new employees and all other employees, for which instruction has not been provided and documented, shall be instructed on this policy, sign an acknowledgement receipt and comply with the policy. All employees, supervisors, superintendents and managers shall be re -instructed on this policy whenever the City is made aware of a new or previously unrecognized security hazard, violent behavior or other tendencies on the part of the employee that may lead to violence or security problems. V. INCIDENT INVESTIGATION AND REPORTING Reporting Any employee who is the victim of any violent or threating conduct, or who observes such conduct shall report the conduct to his or her immediate supervisor, Department Director, or the Human Resources Director, as well as to law enforcement, if appropriate under the circumstances. This includes threats by employees, as well as threats by customers, vendors, solicitors, or other members of the public as against City employees in the workplace. All suspicious individuals or activities must also be reported as soon as possible. Immediately after the threat of or act of workplace violence by, a written report on a form provided by the Human Resources Department shall be completed by: The Employee who the act or threat was committed against and the supervisor/superintendent where the incident took place. If an employee has been threatened by someone outside the work place and has reason to believe there is a risk of violence in the workplace, the employee should notify their supervisor immediately so the City can evaluate whether or not seeking a workplace restraining order is appropriate. Employees who have obtained a civil restraining order against another person for violence occurring outside the workplace should notify their supervisor. Investigating 111 It is the responsibility of the Department Director to report and investigate all threats or acts of violence that occur in their department. The Department Director shall consult with the Risk Manager or Human Resources Director before initiating an investigation into a violent or potentially violent incident. An investigation, in such detail as may be appropriate, shall be initiated immediately following a report of an act or threat of violence and shall be concluded as soon as possible. The Department Director in coordination with the Human Resources Director may designate another manager, as appropriate, to conduct the investigation. The investigator shall coordinate with Human Resources and law enforcement as necessary. A written summary of the investigation, and a description of the resolution, if any, shall be issued by the investigating officer/Department Director to both the Risk Manager and Human Resources Director. 5 237 of 288 NATIONAL CIZ'y INCORPORAT>i9 City of National City Human Resources Department OCCUPATIONAL SAFETY OR SECURITY PROGRAM INCIDENT REPORT This form must be completed by the employee and the supervisor when an incident of violence, safety or security has occurred. Employee(s) Name(s): Job Title: Date of Incident: Location of Incident: Department: Time: a.m./p.m. Person(s) involved and witness(es) to the incident: Name: Tel. No. Home/Work/Cell Name: Tel. No. Home/Work/Cell Name: Tel. No. Home/Work/Cell Description of the Incident: Employee's Signature: Date: Describe personal and/or property damage resulting from incident and any injury medical treatment required: Preventable? Non -Preventable? Safety Equipment Used? O Yes 0 No What actions have been taken with regard to incident? How could similar incidents be prevented? Supervisor's Signature: Date: Department Director's Signature: Date: 238 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 239 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting City Council Policy #703 — Environmentally Preferable Purchases and Practices (EPPP). (Engineering/Public Works) 239 of 288 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adopting City Council Policy #703 — Environmentally Preferable Purchases and Practices (EPPP). PREPARED BY: Ray Roberson, Management Analyst II PHONE: (619) 336.4583 EXPLANATION DEPARTMENT Engineering/Public Works APPROVED BY:/hIf it The proposed Environmentally Preferable Purchases and Practices (EPPP) policy formalizes the City's commitment to purchasing recycled products and implementing environmentally preferable practices. Local agencies that chose to adopt EPPP policies are eligible to apply for various State of California Department of Resources, Recycling and Recovery (CalRecycle) grants. FINANCIAL STATEMENT: ACCOUNT NO. No fiscal impact. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the Policy. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Policy #703 — Environmentally Preferable Purchases and Practices (EPPP) 240 of 288 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: ENVIRONMENTALLY PREFERABLE PURCHASES AND PRACTICES (EPPP) POLICY # 703 ADOPTED: AMENDED: Purpose ENVIRONMENTALLY PREFERABLE PURCHASES The City of National City provides that all departments shall, whenever possible, use recycled products and recycled materials to meet their needs. This policy is enacted to demonstrate compliance with the Waste Management Reduction Act and foster market development for recycled products. PURCHASE POLICIES A. All City of National City departments shall use recycled products whenever practicable. Special emphasis shall be placed on the purchase of products manufactured with post -consumer recycled materials. B. All City of National City departments may, at their option and with purchasing concurrence, require procurement of designated recycled products or recycled products above the levels required by this policy. C. The City of National City shall require its contractors and consultants to use and specify recycled products in fulfilling contractual obligations whenever practicable. D. The City of National City shall promote the use of recycled products by publicizing its procurement policy whenever practicable. PURCHASE RESPONSIBILITIES OF RECYCLED PRODUCTS AND MATERIALS COORDINATOR The Purchasing Agent shall coordinate the implementation of this policy. He/she will establish a list of recycled products that shall be purchased by all City of National City departments whenever practicable and will develop the mechanism for maintenance, additions, and deletions to the list of recycled products available for procurement. Maintenance of the list will include addition of new products containing recycled material as they become available. Specifications of these new products and their suggested uses will be made available to all City of National City departments. The Purchasing Agent will also work with alI departments to establish minimum recycled content standards for designated recycled products to maximize recycled product availability, recycled content, and competition. The Purchasing Agent will also be responsible for annual policy review. ENVIRONMENTALLY PREFERABLE PRACTICES The City of National City will act to make resource conservation an integral part of its waste reduction and recycling programs. The practice of discarding materials used in the City of National City facilities is wasteful of natural resources, energy, and money. Page I of 2 241 of 288 CITY COUNCIL POLICY CITY OF NATIONAL CITY PRACTICE POLICIES 1. The City of National City will integrate the concept of resource conservation, including waste reduction and recycling, into its environmental programs. 2. The City of National City will decrease the amount of waste of consumable materials by: a) reducing the consumption of consumable materials wherever possible; b) fully utilizing all materials prior to disposal; and c) minimizing the use of non -biodegradable products wherever possible. 3. The City of National City will cooperate with, and participate in, recycling efforts being made by the city and county. As systems for recovering waste and recycling develop within the City of National City, the City will participate by appropriately separating and allowing recovery of recyclable waste products. 4. The City of National City will purchase, where financially viable, recycled products. The City of National City will also encourage suppliers, both private and public, to make recyclable products and unbleached paper products available for purchase. 5. Representatives of the City of National City will actively advocate, where appropriate, for resource conservation practices to be adopted at the local, regional, and national levels. Pane 2 of 2 242 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 243 The following page(s) contain the backup material for Agenda Item: Warrant Register #13 for the period of 09/21/16 through 09/27/16 in the amount of $2,136,821.84. (Finance) 243 of 288 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #13 for the period of 09/21/16 through 09/27/16 in the amount of $2,136,821.84. (Finance) PREPARED BY: K. Apalategui PHONE: 019-336-4572 EXPLANATION: !Per Government Section Code 37208, attached are the warrants issued for the period of 09/21/16 through 09/27/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor DEPARTMENT: Finance .1 APPROVED BY: �'� Check/Wire Amount Explanation Dick Miller Inc 325437 Kimley Horn and Assoc Inc 325470 Medifit Community Svcs 325482 Project Professionals 325502 West Tech Contracting Inc 325552 Public Emp Ret Systems 9222016 104,701.13 58,945.66 67,920.61 89,662.53 72,276.22 401,645.69 Plaza Blvd. Widening Project Wayfinding Task Project Pool Management Fee / CSD / July & Aug Plaza Blvd. Widening Project Paradise Creek Rest. Project Service Period 08/30/16 — 09/12/16 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,136,821.84. ENVIRONMENTAL REVIEW: APPROVED: $ Finance APPROVED: MIS This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratify warrants totaling $2,136,821.84, BOARD 1 COMMISSION RECOMMENDATION: iN/A ATTACHMENTS: Warrant Register #13 1244 of 288 114 PAYEE ACEDO, 4 ACME SAFETY & SUPPLY CORP ADAMSON POLICE PRODUCTS ADMINSURE INC ALDEMCO ALL FRESH PRODUCTS ALPHA PROJECT FOR THE HOMELESS ANDERSON,E APWA AT&T AT&T AT&T MOBILITY BANNER BANK BEARD, P BECK, L BISHOP, R BJ'S RENTALS BOEGLER, C BOYD JR, P CALIFA GROUP CALIFORNIA STATE UNIVERSITY CARAVANTES, S CARRILLO, R CDWG CHRISTENSEN & SPATH LLP CLAIMS MANAGEMENT ASSOCIATES COLE, L COMMERCIAL AQUATIC SERVICE INC CONDON, D CORPUZ, T COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CULLIGAN DANESHFAR, Z DATA TICKET INC DEAF COMMUNITY SRVCS OF SD DELTA DENTAL DELTA DENTAL INSURANCE CO DEPARTMENT OF JUSTICE DESROCHERS, P DI CERCHIO, A DICK MILLER INC DILLARD, S DREDGE, J EISER III, G AGUILAR, E EXPERIAN EXPRESS PIPE AND SUPPLY CO INC NATIONAL Cm xN4DRPOwATW --� WARRANT REGISTER #13 9127/2016 DESCRIPTION CHK NO DATE AMOUNT RETIREE HEALTH BENEFITS / OCT 2016 3253,95 9/27/16 160.00 LIME VEST / PW 325396 9/27/16 233.81 POLICE BLACK VEST/ PO 325397 9/27/16 76.30 WC CLAIMS ADMINISTRATION FEES 325398 9/27/16 6,948.33 FOOD 1 NUTRITION CENTER 325399 9/27/16 4,271.22 FOOD 1 NUTRITION CENTER 325400 9/27/16 1,302.70 ALPHA PROJECT SVCS FOR THE HOMELESS/NSD 325401 9/27/16 8,816.45 RETIREE HEALTH BENEFITS / OCT 2016 325402 9/27/16 110.00 APWA CHAPTER AND MEMBERSHIP DUES / PW 325403 9/27/16 418.00 AT&T SERVICE AUGUST 2016 325404 9/27/16 8,541.68 AT&T SERVICE SEPTEMBER 2016 325405 9/27/16 169.86 AT&T WIRELESS AUGUST 2016 325406 9/27/16 2,266.90 PLAZA BLVD. WIDENING PROJECT 325407 9/27/16 9,01.24 RETIREE HEALTH BENEFITS / OCT 2016 325408 9/27/16 70.00 RETIREE HEALTH BENEFITS / OCT 2016 325409 9/27/16 140.00 RETIREE HEALTH BENEFITS / OCT 2016 325410 9/27/16 110.00 EQUIPMENT RENTAL/ PW 325411 9/27/16 96.80 RETIREE HEALTH BENEFITS / OCT 2016 325412 9/27/16 260.00 RETIREE HEALTH BENEFITS / OCT 2016 325413 9/27/16 145.00 GENIC LIBRARY BROADBAND 325414 9/27/16 4,642.20 ECONOMIC DEV CERT PROGRAM 325415 9/27/16 800.00 TRAVEL EXP: CERT CONFERENCE 325416 9/27/16 131.55 RETIREE HEALTH BENEFITS / OCT 2016 325417 9/27/16 290.00 HANDSET CORDS 1 MIS 325416 9/27/16 529.74 WITODILEGAL SERVICES/SA 325419 9127/16 4,433.75 LIABILITY & RISK MANAGEMENT SERVICES -AUG 325420 9/27/16 7,244.60 RETIREE HEALTH BENEFITS / OCT 2016 325421 9/27/16 165.00 PURCHASE OF CHEMICAL POOL SUPPLIES / PW 325422 9/27/16 1,838.78 RETIREE HEALTH BENEFITS / OCT 2016 325423 9/27/16 280.00 RETIREE HEALTH BENEFITS / OCT 2016 325424 9/27/16 140.00 COUNTY BUILDING RECORDS 325425 9/27/16 24.00 RCS AUGUST 2016 325426 9/27/16 8,234.90 MAIL PROCESSING SERVICES / AUG 325427 9/27/16 2,622.33 WATERSOFTNER FOR DISHWASHER / NUTRITION 325428 9/27/16 221.50 RETIREE HEALTH BENEFITS / OCT 2016 325429 9/27/16 250.00 DATA TICKET HANDHELD DEVICES 325430 9/27/16 9,661.65 SIGN LANGUAGE INTERPRETATION SERVICES 325431 9/27/16 150.00 COBRA DENTAL INS - AUG 2016 325432 9/27/16 45.22 COBRA DENTAL INS PM! AUG 2016 325433 9/27/16 127.38 FINGERPRINT TEST RESULTS 325434 9/27/16 806.00 RETIREMENT BENEFIT OCT 2016 325435 9/27/16 110.00 RETIREE HEALTH BENEFITS / OCT 2016 325436 9/27/16 70.00 PLAZA BLVD. WIDENING PROJECT 325437 9/27/16 104,701.13 RETIREE HEALTH BENEFITS / OCT 2016 325438 9127/16 480.00 RETIREE HEALTH BENEFITS / OCT 2016 325439 9/27/16 250.00 RETIREE HEALTH BENEFITS / OCT 2016 325440 9/27/16 250.00 LIABILITY CLAIMS COSTS 325441 9/27/16 1,240.66 MONTHLY CRE IT PRF FMPI 0EE REPORT / PD 325442 9/27/16 43.76 CITY WIDE PLLI 245 of 288 (MATERIALS / PW 325443 9/27/16 223.18 2/4 * cALIFoRNIA - NATIONAL Clry WARRANT REGISTER #13 9/27/2016 PAYEE DESCRIPTION CHK NO DATE AMOUNT FABINSKI, D RETIREE HEALTH BENEFITS / OCT 2016 325444 9/27/16 220.00 FARINGHY, A EDUCATION REIMBURSEMENT 325445 9/27/16 150.00 FASTSIGNS DIBOND 3MM WITH CUT OR PRINTED VINYL 325446 9/27/16 518.70 FELIX, Y HOST POLICE RECORDS SUP TRAINING 325447 9/27/16 75.00 FIFIELD, K RETIREE HEALTH BENEFITS / OCT 2016 325448 9/27/16 540.00 GELSKEY, K RETIREE HEALTH BENEFITS / OCT 2016 325449 9/27/16 115.00 GIBBS JR, R RETIREE HEALTI I BCNEFITS / OCT 2016 325450 9/27/16 120.00 GONZALES, M RETIREE HEALTH BENEFITS / OCT 2016 325451 9/27/16 480.00 GOVCONNECTION INC FORTIANALYZER LICENSE 325452 9/27/16 1,262.88 GTC SYSTEMS INC OTC SUPPORT 325453 9/27/16 21,637.50 HANDY METAL MART HINGE 2 1/4 X 3 1/2 / PW 325454 9/27/16 28.80 HANSON, E RETIREE HEALTH BENEFITS / OCT 2016 325455 9/27/16 135.00 HARLAN, M RETIREE HEALTH BENEFITS / OCT 2016 325456 9/27/16 500.00 HAUG, S RETIREE HEALTH BENEFITS / OCT 2016 325457 9/27/16 120.00 HERNANDEZ, R RETIREE HEALTH BENEFITS / OCT 2016 325458 9/27/16 400.00 HERNANDEZ, R REIMBURSEMENT FOR TRAVEL EXPENSES, IAFC 325459 9/27/16 379.64 HODGES, B RETIREE HEALTH BENEFITS / OCT 2016 325460 9/27/16 200.00 HONDO, E RETIREE HEALTH BENEFITS / OCT 2016 325461 9/27/16 110.00 HONEYWELL INTERNATIONAL INC HVAC SERVICES ON CITY BUILDING 325462 9/27/16 6,202.59 IAPMO MEMBER SERVICES IAPMO MEMBERSHIP RENEWAL / FIRE 325463 9/27/16 250.00 IBARRA, J RETIREE HEALTH BENEFITS / OCT 2016 325464 9/27/16 780.00 JAMES, R RETIREE HEALTH BENEFITS / OCT 2016 325465 9/27/16 140.00 JUNIEL, R RETIREE HEALTH BENEFITS / OCT 2016 325466 9/27/16 50.00 KAISER FOUNDATION HEALTH PLANS KAISER RETIREES INS COBRA AUG 2016 325467 9/27/16 1,647.02 KEYSER MARSTON ASSOCIATES INC PROFESSIONAL SERV/PLAZA BLVD 325468 9/27/16 750.00 KIMBLE, R RETIREE HEALTH BENEFITS / OCT 2016 325469 9/27/16 300.00 KIMLEY HORN AND ASSOC INC WAYFINDING TASK PROJECT 325470 9/27/16 58,945.66 KIRK'S RADIATOR RECORE RADIATOR / PW 325471 9/27/16 864.00 KTU&A NC DOWNTOWN SPECIFIC PROJECT 325472 9/27/16 23,930.00 LANDA, A RETIREE HEALTH BENEFITS / OCT 2016 325473 9/27/16 155.00 LANGUAGE LINE SERVICES LANGUAGE LINE INTERPRETATION SERVICES 325474 9/27/16 78.53 LIMFUECO, M RETIREE HEALTH BENEFITS / OCT 2016 325475 9/27/16 160.00 LOPEZ, T TRANSLATION SERVICES 325476 9/27/16 140.00 MABPA MABPA MONTHLY LUNCH MEETING / CM MENDIVIL 325477 9/27/16 25.00 MALLORY SAFETY & SUPPLY LLC SAFETY APPAREL 325478 9/27/16 434.97 MATIENZO, M RETIREE HEALTH BENEFITS / OCT 2016 325479 9/27/16 100.00 MAZON, B REIMB / SEX OFFENDER BOOTCAMP / PD 325480 9/27/16 78.11 MC CABE, T RETIREE HEALTH BENEFITS / OCT 2016 325481 9/27/16 280.00 MEDIFIT COMMUNITY SERVICES LLC POOL MANAGEMENT FEE / CSD / JULY & AUG 325482 9/27/16 67,920.61 MEDINA, R RETIREE HEALTH BENEFITS / OCT 2016 325483 9/27/16 105.00 MINER, D RETIREE HEALTH BENEFITS / OCT 2016 325484 9/27/16 580.00 MOBILE WIRELESS LLC NETMOTION MOBILE MAINTENANCE RENEWAL 325485 9/27/16 4,028.00 MOSSY NISSAN TIRE ROTATION / PW 325486 9/27/16 171.89 MTS MTS TROLLEY FLAGGER SERVICE - NSR 325487 9/27/16 65.89 MYERS, B RETIREE HEALTH BENEFITS / OCT 2016 325488 9/27/16 140.00 NATIONAL CREDIT REPORTING MONTHLY SERVICE PROVIDED / SEC 8 325489 9/27/16 51.35 NBS LANDSCAPE MAINTENANCE DISTRICT/PLANNING 325490 9127/16 848.03 NOTEWARE, D RETIREE HE T►d FtFRIFFIT. ! CT 2016 325491 9/27/16 120.00 ORKIN PEST CONTR 246 of 288 325492 9/27/16 659.00 3/4 -;--- CALIFORNIA •4' PAYEE PACIFIC HIGHWAY RENTALS LLC PADRE JANITORIAL SUPPLIES PAUU JR, P PEASEJR,D PETERS, S POST, R POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RAY, 5 RCP BLOCK & BRICK INC REEDER, M ROARK, L ROBINSON, 5 RUIZ, J S & S WELDING S D COUNTY SHERIFFS DEPT SAFRAN MORPHOTRUST SAN DIEGO FRICTION PRODUCTS SAN DIEGO GAS & ELECTRIC SAN DIEGO PET SUPPLY SAN DIEGO PLASTICS INC SAN DIEGO PR SAN DIEGO UNION TRIBUNE SCST INC SDG&E SEAPORT MEAT COMPANY SERVATIUS, J SHERWIN WILLIAMS SHOEMAKER, M SHORT, C SHRED IT USA SMART SOURCE OF CALIFORNIA LLC SMITH, J SOUTH COAST EMERGENCY SOUTHWEST SIGNAL SERVICE SPARKLETTS SPEEDPRO IMAGING STAPLES BUSINESS ADVANTAGE STOUT, Z STRASEN, W SUPERIOR READY MIX SWEETWATER AUTHORITY SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE COUNSELING TEAM THE HOME DEPOT CREDIT SERVICES NATIoNAL am raw WARRANT REGISTER #13 9/27/2016 DESCRIPTION CHK NO DATE AMOUNT LIGHTING TOWER RENTAL AT LAS PALMAS PARK 325493 9/27/16 3,900.00 JANITORIAL SUPPLIES / NUTRITION 325494 9/27/16 393.65 RETIREE HEALTH BENEFITS / OCT 2016 325495 9/27/16 340.00 RETIREE HEALTH BENEFITS / OCT 2016 325496 9/27/16 140.00 RETIREE HEALTH BENEFITS 1 OCT 2016 325497 9/27/16 290.00 RETIREE HEALTH BENEFITS / OCT 2016 325498 9/27/16 280.00 BATTERIES 31 PC2150 Jr PW 325499 9/27/16 2,628.62 MOP #45707 PLASTIC HEAD CUT KEY / PW 325500 9/27/16 186.60 KNIFE SHARPENING SERVICE / NUTRITION 325501 9/27/16 46.00 PLAZA BLVD. WIDENING PROJECT 325502 9/27/16 89,662,53 MOP 45742 UNIFORM CLEANING/ NEIGHBORHOOD 325503 9/27/16 26.08 RETIREE HEALTH BENEFITS / OCT 2016 325504 9/27/18 190.00 MORTAR MEDIUM TAN ROCK / PW 325505 9/27/16 30.32 APA REIMBURSE/MREEDER/PLANNING 325506 9/27/16 575.00 RETIREE HEALTH BENEFITS / OCT 2016 325507 9/27/16 135.00 REIMB BREAKFAST ST#31 CREW / FIRE 325508 9/27/16 24.50 RETIREE HEALTH BENEFITS / OCT 2016 325509 9/27/16 310.00 SPECIAL TRAF GRATE GALVANIZED / PW 325510 9/27/16 479.60 CAL ID PROGRAM 325511 9/27/16 7,734.00 FINGERPRINT SUBMISSIONS 325512 9/27/16 44.00 AIR SPRING / PW 325513 9127116 859.01 GAS & ELECTRIC UTILITIES / NUTRITION 325514 9/27/16 2,919.64 MOP # 45753 K9 FOOD / PD 325515 9/27/16 197,05 PVCX KOMALU WHITE/WHITE 1/8" / PW 325516 9/27/16 274.68 NATIONAL CITY NEWS / JUNE & JULY 2016 325517 9/27116 600.00 ADVERTISING FOR CIP E 16TH/GROVE PROJECT 325518 9/27/16 573.24 PLAZA & 14TH ST, PROJECT 325519 9127/16 3,975.00 FACILITIES DIVISION GAS & ELECTRIC UTILITIES 325520 9/27/16 46,554.34 MEAT / NUTRITION CENTER 325521 9/27/16 1,181.59 RETIREE HEALTH BENEFITS / OCT 2016 325522 9/27/16 340.00 PAINT FOR FACILITY BUILDINGS 325523 9/27/16 652.40 REIMB. LUNCH, ST#31 CREW / FIRE 325524 9/27/16 26.45 RETIREE HEALTH BENEFITS / OCT 2016 325525 9/27/16 300.00 MONTHLY SHREDDING SERVICE / AUG 325526 9/27/16 92.95 MOP 63845. BUSINESS CARDS/HOUSING 325527 9/27/16 222.36 RETIREE HEALTH BENEFITS / OCT 2016 325528 9/27/16 320.00 FRONT WINDOW REGULATOR /PW 325529 9/27/16 1,199.13 STREET SIGNS / PW 325530 9/27/16 17,180.47 WATER SERVICES / SEPTEMBER 2016 325531 9/27/16 24.00 GRAPHICS / PW 325532 9/27/16 308.83 MOP: 45704 OFFICE SUPPLIES / PD 325533 9/27/16 1,668.46 EDUCATION REIMBURSEMENT 325534 9/27/16 150.00 RETIREE HEALTH BENEFITS / OCT 2016 325535 9/27/16 135.00 660-2-4000P, 7 SK CONCRETE 1 PW 325536 9/27/16 2,340.52 FACILITIES DIVISION WATER UTILITIES 325537 9/27/18 36,292.98 WATER UTILITIES/500 E PLAZA/ SA 325538 9/27/16 46.57 FOOD / NUTRITION CENTER 325539 9/27/16 4,084.55 EMPLOYEE SUPPORT SERVICE 325540 9/27/16 800.00 FABRIC PEGS r 247 of 288 325541 9/27/16 272.27 4/4 PAYEE THE LAW OFFICES OF EDWARD Z KOTKIN TIPTON, B TODD PIPE & SUPPLY LLC VERIZON WIRELESS VERRY, L VILLAGOMEZ, J VIORA, VISTA PAINT VISTA PAINT WAXIE SANITARY SUPPLY WEST TECH CONTRACTING INC WHITE, J WILLY'S ELECTRONIC SUPPLY YBARRA, A ZENGOTA, V WIRED PAYMENTS UNION BANK OF CALIFORNIA PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 20 9/13/2016 C. IFO.1iNIA.' TIC CifmcaRpomilim WARRANT REGISTER #13 9/27/2016 DESCRIPTION KOTKIN/LEGAL SERVICES/SA RETIREE HEALTH BENEFITS / OCT 2016 PLUMBING MATERIALS / PW VERIZON AUGUST 2016 RETIREE HEALTH BENEFITS / OCT 2016 RETIREE HEALTH BENEFITS / OCT 2018 PARAMEDIC RECERT REIMB MOP 68834 PAINT SUPPLIES / NEIGHBORHOOD TRAFFIC CONTROL SUPPLIES MISCELLANEOUS JANITORIAL SUPPLIES /PW PARADISE CREEK REST. PROJECT RETIREE HEALTH BENEFITS / OCT 2016 ELECTRONICS SUPPLIES / MIS TRAINING REIMBURSEMENT / TASER INSTRUCTOR RETIREE HEALTH BENEFITS f OCT 2016 AUG 2016 THRU JUL 2017 AMAIN FEES SERVICE PERIOD 08/30/16 - 09/12/16 End Date Check Date 9/26/2016 10/5/2016 CHK NO DATE AM. UNT 325542 9/27/16 120.00 325543 9/27/16 250.00 325544 9/27/16 1,966,77 325545 9/27/16 107.58 325546 9/27/16 280.00 325547 9/27/16 480.00 3255,18 9/2711 R 217.00 325549 9/27/16 195.57 325550 9/27/16 2,350.04 325551 9/27/16 1,981.77 325552 9/27/16 72,276.22 325553 9/27/16 230.00 325554 9/27/16 303.62 325555 9/27/16 59.73 325556 9/27/16 300.00 AM Total 702,900.46 844788 9/27/16 1,165.00 9222016 9/22/16 401,645.69 1,031,110.69 GRAND TOTAL $ 2,136,821.84 248 of 288 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. LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEIANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASTJRER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 1" OF NOVEMBER, 2016. AYES NAYS ABSENT 249 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 250 The following page(s) contain the backup material for Agenda Item: Warrant Register #14 for the period of 09/28/16 through 10/04/16 in the amount of $1,675,164.55. (Finance) 250 of 288 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. '. ITEM TITLE: Warrant Register #14 for the period of 09/28/16 through 10/04/16 in the amount of $1,675,164.55. (Finance) PREPARED BY: 'K. Apalategui PHONE: 1619-336-4572 DEPARTMENT: Finance APPROVED BY: (,fit EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 09/28/16 through 10/04/16. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation National City Chamber 325585 55,310.28 NC Tourism Marketing District Fee / July Haaker Equipment Company 325639 282,338.34 Broom Bear Dual Street Sweeper COSD Auditor & Controller 842235 325,000.00 Proceeds / Sale of the Centro Condo FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,675,164.55. APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: !Ratify warrants totaling $1,675,164.55. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #14 1 L5 i of 288 L 1/3 G 414 F0),I1.4 PAYEE 211 SAN DIEGO AFLAC AIR PURIFICATION SYSTEMS AIRGAS WEST AUSTIN DOORS BROADWAY AUTO GLASS CA PARKS AND RECREATION CARDIAC SCIENCE CORPORATION COAST INDUSTRIAL SYSTEMS INC COUNTY OF SAN DIEGO CPP PRINTING CYNTHIA TITGEN CONSULTING INC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DEESE, L DENHAM, A FASTSIGNS FERGUSON ENTERPRISES INC FLEETCREW HONEYWELL INTERNATIONAL INC JJJ ENTERPRISES MANNING & KASS MEYERS NAVE MOSSY NISSAN NATIONAL CITY CHAMBER NATIONAL CITY CHAMBER NOBLE KNIGHTS AUTO GROUP ORIENTAL TRADING COMP LLC ORKIN PATTY'S LINEN RENTALS POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY RED WING SHOES STORE RELIABLE TIRE CO RELIANCE STANDARD RODRIGUEZ, G SAM'S ALIGNMENT SERVICE SHERWIN WILLIAMS SITEONE LANDSCAPE SUPPLY LLC SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP SPEEDPRO IMAGING STACEY POWERS STAPLES BUSINESS ADVANTAGE NaloN �"vicea,'�c�a WARRANT REGISTER #14 10/4/2016 DESCRIPTION CHK NO DATE AMOUNT 211 SAN DIEGO INFO LINE OF SAN DIEGO 325557 10/4/16 11,716.40 AFLAC ACCT BDM36 / OCTOBER 2016 325558 10/4/16 642,08 REGULATOR BODY WITH GAUGE AND FITTINGS / PV 325559 1014/16 834.11 MOP#45714 PLUMBING MATERIALS 325560 10/4/16 1,221.99 SERVICE ONE ROLL UP DOOR 325561 10/4/18 1,463.86 WINDSHIELD REPLACEMENT / PW 325562 10/4/16 440.00 CPRS MEMBERSHIP 1 A DENHAM 325563 10/4/16 475,00 G3 PLUS FULLY - AUTOMATIC PACKAGE 325564 10/4/16 1,295,00 HOUSING Q TIP FILTER / PW 325565 10/4/16 326.29 CO OF SD SHARE PARKING CITATION/AUG 2016 325566 10/4/16 10,058.75 2X3 WELCOME BOARD- MOUNTED POSTER 325567 10/4/16 45.62 WC MONTHLY SERVICES/SEPTEMBER 325568 10/4/16 2,992.50 LIABILITY CLAIM COST 325569 10/4/16 31,535.85 LIABILITY CLAIM COST 325570 10/4/16 11,323.22 LIABILITY CLAIM COST 325571 10/4/16 4,240.11 LIABILITY CLAIM COST 325572 1014/16 1,260.74 LIABILITY CLAIM COST 325573 10/4/16 526.74 LIABILITY CLAIM COST 325574 10/4/16 140.00 CATERING SVCS / SO BAY MAYORS AND CMO'S 325575 10/4/16 300.00 REIMB/ VOLUNTEER RECOGNITION EVENT 325576 10/4/16 73.69 VINYL HXW WHITE / PW 325577 10/4/16 52,32 MOP#45723 PIPE MATERIALS 325578 10/4/16 491.99 EMS SERVICE LABOR/ PW 325579 10/4/16 887,50 THERMOSTAT / PW 325580 10/4/16 1,532.92 SECURITY MONITORING SERVICES 325581 10/4/16 450.00 LIABILITY CLAIM COST 325582 1014/16 5,000,00 LABOR RELATIONS & NEGOTIATIONS SERVICES 325563 10/4/16 297.00 OIL CHANGE AND FILTERS PACKAGE 325584 10/4/16 75.97 NC TOURISM MARKETING DISTRICT FEE / JULY 325585 10/4116 55,310.28 NC CHAMBER BREAKFAST/ SEPT 2016 / CM MEN 325586 10/4/16 25.00 LIABILITY CLAIM COST 325587 10/4/16 736.50 HALLOWEEN SUPPLIES / PW 325588 10/4/16 312.99 PEST CONTROL SERVICES MONTH OF AUGUST 325589 10/4/16 416.50 WHITE RESIN CHAIR WITH PADDED SEAT / CSD 325590 10/4/16 731.50 MOP#467839 AUTO SUPPLIES / PW 325591 10/4/16 144.64 MOP#45707 SUPPLIES / PW 325592 10/4/16 887.28 MOP#45742 LAUNDRY SERVICES / PARKS 325593 10/4/16 446.87 SAFETY BOOTS / PW 325594 10/4/16 125.00 PASSENGER TIRES /PW 325595 10/4/16 361.50 VOLUNTARY LIFE INSURANCE / OCTOBER 2016 325596 10/4/16 2,695.98 REFUND / CITATION OVERPAYMENT 325597 10/4/16 80.00 MOP#72442 VEHICLE SERVICE / PW 325598 10/4/16 207.00 MOP#77816 PAINT / NSD 325600 10/4/16 795.80 MOP#69277 HORTICULTURAL ITEMS 325601 10/4/16 2,988.87 MOP 63845 - BUSINESS CARDS HR 325602 10/4/16 74.12 MOP#45758 OIL 325603 10/4/16 136.49 CITY OF NATIONAL CITY LOGO - PW 325604 10/4116 828.00 CHAIR YOGA CLASS 325605 10/4/16 100.00 MOP 45704. OF I 252 of 288 FINANCE 325606 10/4/16 476.14 2/3 PAYEE STEVENSON, S SWANK MOTION PICTURES INC T MAN TRAFFIC SUPPLY THE HOME DEPOT CREDIT SERVICES TOPECO PRODUCTS U S BANK U S HEALTHWORKS UNITED ROTARY BRUSH CORP VULCAN MATERIALS COMPANY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZUMAR INDUSTRIES INC MANZO, J RIBBONS GALORE SAN DIEGO FRICTION PRODUCTS VALLEY INDUSTRIAL. SPECIALTIES AIRGAS WEST ALDEMCO ALL FRESH PRODUCTS ATKINS NORTH AMERICA INC BEST BEST & KRIEGER ATTNY LAW CALIFORNIA COMMERCIAL SECURITY CEB CEB CLF WAREHOUSE DANIELS TIRE SERVICE DATA TICKET INC DEPARTMENT OF INDUSTRIAL FERGUSON ENTERPRISES INC GEOSYNTEC CONSULTANTS INC GRAINGER HAAKER EQUIPMENT COMPANY HUNTER'S NURSERY INC KNOX ATTORNEY SERVICE INC LEFORTS SMALL ENGINE REPAIR METRO AUTO PARTS DISTRIBUTOR NEW CENTURY CONSTRUCTION INC O'REILLY AUTO PARTS PENSKE FORD PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY SEAPORT MEAT COMPANY SHEPHARD, S SPARKLETTS STAPLES BUSINESS ADVANTAGE SYSCO SAN DIEGO INC USBANK CALIFORNIA NATIONAL ITy WARRANT REGISTER #14 10/4/2016 DESCRIPTION TRAVEL REIMBURSEMENTJICMA CONFERENCE WS DVD GOOSEBUMPS / CSD MOP#76666 TRAFFIC SUPPLIES BLACK POST W FLANGE MOP#63849 SUPPLIES / PARKS CREDIT CARD EXPENSE / PW PRE -EMPLOYMENTS PHYSICALS MOP#62683 AUTO SUPPLIES / PW 3/4 IN CL 2 BASE / PW MOP#63850 AUTO PARTS / PW MOP#45763 AUTO PARTS JPW TRAFFIC SUPPLIES PW BL ADMIN REFUND CUSTOM FLAT RIBBON / CSD MOP#80333 AUTO PARTS / PW MOP#46453 SUPPLIES / PW MOP#45714 SUPPLIES / PW FOOD / NUTRITION CENTER FOOD / NUTRITION CENTER ALLEY DESIGN SERVICES REGIONAL PERMIT PETITION FRAME SERVICE LEGAL PUBLICATION LEGAL PUBLICATION MOP#80331 SUPPLIES / PW MOP#76986 TIRES 1 PW TICKET APPEALS & ON-LINE ACCESS / NSD ELEVATOR INSPECTION - PUBLIC WORKS MOP#45723 SUPPLIES EDUCATION VILLAGE PROJECT MOP#65179 SUPPLIES / FIRE BROOM BEAR DUAL STREET SWEEPER MOP#45719 HORTICULTURAL ITEMS KNOX ATTORNEY SERVICE MOP#80702 AUTO PARTS / PW MOP#75943 AUTO PARTS / PW D AVE & E. 12TH ST ROUNDABOUT PROJECT MOP#75877 AUTO PARTS / PW MOP#49078 AUTO PARTS / PW MOP#45703 AUTO PARTS / PW MOP#67839 AUTO SUPPLIES / PW MOP#45707 SUPPLIES / PW MOP#45742 LAUNDRY SERVICES / NSD MEAT FOR NUTRITION CENTER ADV SUBS / SHERMAN BLOCK SLI TRAINING / PD WATER 1 NUTRITION CENTER OFFICE SUPPLIES/CITY ATTORNEY FOOD 1 NUTRITION CENTER CREDIT CARD E 253 of 288 CHK NO DATE AMOUNT 325607 10/4/16 750.96 325608 10/4/16 1,000.00 325609 10/4/16 1,273.51 325610 10/4/16 370.67 325611 1014/16 11.30 325612 10/4/16 39.14 325613 10/M1/16 745.00 325614 10/4/16 398.67 325616 10/4/16 309.64 325617 10/4/16 570.50 325618 10/4/16 145.25 325619 10/4/16 5,106.11 325620 10/4/16 10.50 325621 10/4/16 160.71 325622 10/4/16 116.27 325623 10/4/16 607.38 325624 10/4/16 326.70 325625 10/4/16 1,547.79 325626 10/4/16 567.87 325627 10/4/16 22,515.25 325628 10/4/16 427.50 325629 10/4/16 231.25 325630 10/4/16 239.26 325631 10/4/16 167.71 325632 10/4/16 391.59 325633 10/4/16 301.83 325634 1014/16 3,467.36 325635 10/4/16 2,700.00 325636 10/4/16 204.16 325637 10/4/16 29,628.70 325638 10/4/16 337.61 325639 10/4/16 282,338.34 325640 10/4/16 110.10 325641 10/4/16 74.75 325642 10/4/16 548.38 325643 10/4/16 469.90 325644 10/4/16 15,000.00 325645 10/4/16 156.84 325646 10/4/16 1,287.44 325647 10/4/16 186.28 325648 10/4/16 326.95 325649 10/4/16 891.87 325650 10/4/16 625.06 325651 10/4/16 475.29 325652 10/4/16 384.00 325653 10/4/16 3.99 325654 10/4/16 741.99 325655 10/4/16 1,903.60 325656 10/4/16 120.14 3/3 NATIONAL ory RYORAT D WARRANT REGISTER #14 10/4/2016 PAYEE J)ESCRIPTION CHK NO DATE AMOUNT WEST COAST ARBORISTS INC GPS TREE INVENTORY 325657 10/4/16 9,134.00 WEST PAYMENT CENTER LEGAL PUBLICATION / CITY ATTORNEY'S OFFICE 325658 10/4/16 1,037.33 A/P Total 548,045.45 WIRED PAYMENTS COSD AUDITOR & CONTROLLER PROCEEDS / SALE OF THE CENTRO CONDO 842235 9/28/16 325,000.00 Start Date End Date SECTION 8 HAPS PAYMENTS 9/28/2016 10/4/2016 802,118.10 GRAND TOTAL $1,675164.55 254 of 288 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. f� ter{ MARK ROBERT , FINANC " 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 1.0 OF NOVEMBER, 2016. AYES NAYS ABSENT 255 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 256 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City amending Title 10 Section10.30.040 of the National City Municipal Code to establish the City Councils authority to govern the sale or use of alcoholic beverages in city -owned buildings operated 256 of 288 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City amending Title 10 Section10.30.040 of the National City Municipal Code to establish the City Council's authority to govern the sale or use of alcoholic beverages in city -owned buildings operated and controlled by third parties, within a public park, through written agreements with the City. PREPARED BY: Stacey Stevenson PHONE: 336-4308 APPROVED BY: EXPLANATION: See attached explanation DEPARTMENT: City Manager FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this action. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Introduce the Ordinance amending Title 10, Section10.30.040 of City of National City Municipal Code. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Ordinance for Introduction 257 of 288 EXPLANATION On October 18, 2016, the City Council of the City of National City directed staff to prepare a revision to Title 10 of the National City Municipal Code for Council consideration. Under the provisions of the City of National City Municipal Code, Title 10, Chapter 10.30 — Regulation of Alcoholic Beverages in Public Venues and Places, "It is unlawful for any person in any city park or in any adjacent city -owned public place to consume any alcoholic beverage or to possess an open alcoholic beverage container" (Section 10.30.030). Section 10.30.040 carves out an exception, allowing for the sale or use of alcoholic beverages in such facilities "in conjunction with an application for a temporary use permit pursuant to Chapter 15.60". The purpose of the proposed amendment is to further clarify the exception under Section 10.30.040 to include the authority of the City Council to govern the sale and use of alcoholic beverages in city -owned buildings, within a park when such buildings are controlled and operated by third parties through written agreement with the City. Similar to the temporary use permit provision, the addition allows for the ability to add specific provisions related to the sale and consumption of alcohol to the written operating agreement for such buildings on a case -by -case basis. The proposed language is as follows (proposed language is underscored): Section 10.30.40 — Exception — City buildings within city parks. "Notwithstanding the provisions of Section 10.30.030, the city council may allow the sale or use of alcoholic beverages in a city -owned building located within a public park in conjunction with an application for a temporary use permit pursuant to Chapter 15.60. City -owned buildings which are operated or leased by a third party, pursuant to a written agreement, may be allowed to serve or sell alcohol according to the terms as set forth in that written agreement, and shall not be required to obtain a TUP pursuant to this section." 258 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 259 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting amendments to City Council Policy 803: Facility Use Guidelines and Regulations for the Use of Community Centers. (Community Services) 259 of 288 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Facility Use Guidelines and Regulations for the Use of POLICY# 803 Community Centers ADOPTED: August 10,1993 AMENDED: April 5, 2016 PURPOSE: To establish a policy that defines appropriate facility usage and priorities and assigns responsibility for scheduling. GENERAL POLICY: National City Community Centers may be available for public meeting purposes, civic purposes, and non-profit organizations whose memberships substantially includes National City residents or whose purpose is to provide services to National City residents. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers, for -profit events or any profit -making endeavors or any activity not consistent with the general business purpose of the building. These guidelines and regulations are established to properly define the conditions under which the facilities may be used and preserved for future users and may be changed or modified as necessary by the City Council. Facilities Available for Reservation 1. Martin Luther King Jr. Community Center, 140 East 12th Street Facility includes a large hall that can be separated into two sections and a kitchen 2. Kimball Senior Center, 1221 D Avenue Facility includes a hall and kitchen 3. Casa De Salud Center, 1408 Harding Avenue Facility includes a hall and half kitchen 4. El Toyon Recreation Center, 2005 East 4th Street Includes a hall and two small classrooms 5. Camacho Recreation Center, 1810 East 22nd Street Facility includes 2 classrooms 260 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: April 5, 2016 6. National City Aquatic Center, 3300 Goesno Place Facility include classroom 7. Granger Music Hall, 1615 East 4th Street Facility includes hall designed for concerts Categories of Use by Priority To ensure Community Centers are used in the best interest of National City residents, Community Centers will be administered in accordance with a priority system: 1. CITY PROGRAMS. National City programs, events and meetings shall have priority over any other program or usage. 2. CITY CO -SPONSORED PROGRAMS. National City co -sponsored programs shall be given second priority. Policy 802 governs the annual list of City Co -Sponsored events. Applications for co-sponsorship may be submitted to Neighborhood Services Department at any time. The Policy 802 Committee meets annually to review applications. 3. CITY STAFF PARTICPATION: Programs that include active participation and/or involvement by City staff to include, but not limited to, presentations, guest speaking and attendance. The City Manager or designee may approve the use to be categorized as City Staff Participation, as long as the program benefits City of National City employees and/or the community. 4. EDUCATIONAL GROUPS. Educational activities organized by any school located in National City. 5. GOVERNMENTAL AGENCIES. An administrative unit of government with specific responsibilities. 6. CIVIC/SERVICE GROUPS. An organization whose official goal is to improve National City neighborhoods through donations to local charities and volunteer work by its members. 7. RESIDENT NON-PROFIT NATIONAL CITY GROUPS. National City non-profit organizations, with 70% of active members having a National City residency and a majority of the officers having a National City residency. 8. OTHER. Proposed use not falling readily into one of the above categories of use will require approval from the City Manager or designee. Prohibited Facility Use City facilities are not available for the following purposes: 1. Private functions 2. Commercial purposes for personal financial gain 3. Fundraisers, for -profit events or any profit -making endeavors 4. Normally authorized groups sponsoring private usage 5. Any activity not consistent with the general business purpose of the building 261 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: April 5, 2016 Fees and Deposits Based on Category Category Resident Fees Non- Resident Fees Facility Use Fee $50 Kitchen Deposit $60 Key Deposit $100 Cleaning Deposit $100 Audio/Visual Deposit $100 1. City Programs None None None None None None None 2. City Co -Sponsored Programs None None None None None None None 3. City Staff Participation None None None None None None None 4. Educational Groups Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 5. Governmental Agencies Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 6. Civic/Service Groups Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 7. Resident Non- Profit National City Groups Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 8. Other Custodial Fees City Fees and Custodial Fees Required Required Required Required Required Resident and Non -Resident Fees City Fees and Custodial Fees are set forth in the City Council approved Fee Schedule. Facility Use Fee A Facility Use Fee of $50 is required for all resident and non-resident groups using a facility, excluding City Programs and City Co -Sponsored Programs. 262 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: April 5, 2016 Refundable Deposits 1. KITCHEN DEPOSIT. A non-waivable, refundable kitchen deposit of $60 is required. Kitchen equipment including major appliances, cooking tools, eating utensils, and the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left clean, it will be cleaned by city staff or by contract, and the group will forfeit their deposit and be subject to an additional cleanup fee. 2. KEY DEPOSIT. A non-waivable, refundable key deposit of $100 is required. If the key is not returned within one (1) business day of the event, the group will forfeit their deposit. 3. CLEANING DEPOSIT. A non-waivable, refundable cleaning deposit of $100 is required. The facility, grounds and parking areas will be left clean and clear of debris. If the facility is not left clean, it will be cleaned by City staff or by contract, and the group will forfeit their deposit and be subject to an additional cleanup fee. Payment of Fees and Refundable Deposits Fees for use of City facilities are set forth in the Council approved Fee Schedule, and must be paid in full at least ten (10) days prior to the event. If payment is not received, the event will be considered cancelled, and the organization will be advised. The City Manager or designee may, for sufficient reason, make exceptions to this clause, but in any event, payment must be received before the event occurs. Deposits must be made with a separate check. Deposits will be refunded following the return of the issued key, where no damage or loss has occurred and where no extra clean- up is required. In the event of damage, loss or extra clean-up, as determined by the Public Works Department, the deposit may be forfeited and additional charges may be incurred. Applicant Eligibility When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City facilities will not be accepted from anyone less than 21 years of age. Youth groups must have adult sponsors who guarantee observation of the guidelines and regulations. A minimum of one adult per 20 people under the age of 18 is required at the activity. Any misrepresentation as to the nature of the use or activity to occur at a City facility, the number of attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture of fees paid. Any such misrepresentation may result in denial of future rental requests and/or legal action. 263 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: April 5, 2016 Application Process Reservations will be accepted on a first -come -first -served -basis. The Schedule will remain tentative until 30 days before an event. At any time prior to the 30 days before an event, a group of higher category may displace a group of lower category (although consideration will be given to previously scheduled events). At 30 days before an event, the schedule is locked in, and bumping will not be permitted, except for City Programs (category 1). The City reserves the right to cancel, reassign, or otherwise adjust reservations to comply with the demands of its own programs or emergency requirements. Each organization is required to submit the following prior to being granted a Facility Use Permit: 1. Facility Use Application for each facility requested 2. Signed indemnity and hold harmless 3. Proof of insurance 4. Current roster and enrollment data (if applicable) 5. A copy of 501(c)(3) status and current audited financial statement if applying for non- profit status (if applicable) 6. Payment of applicable fees GENERAL RULES: Facility Use Rules 1. The applicant is responsible to ensure that participants are respectful of the facilities and equipment. 2. At no time may the applicant extend the hours of the facility use. 3. The use of City facilities is a privilege and all requirements of the City staff will be met expeditiously. 4. City staff has the authority to direct that the event be terminated and that the premises be vacated and to request the Police Department's or Fire Department's assistance as necessary to clear the premises. 5. Failure to comply with any of the guidelines and regulations or a staff directive shall be grounds for denial of any future requests by the applicant. Damage, Cleanliness and Supervision 1. All City facilities, including parking areas, grounds and restrooms, shall be left clean and clear of debris and in orderly condition. If the facility is not left clean, it will be cleaned by City staff or by contract, and the group will be billed accordingly. 264 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: April 5, 2016 2. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs and/or replacement will be made by the City, and the group will be billed accordingly. 3. Officers of organizations shall supervise the conduct of their members to avoid damage to City property. 4. Failure to comply may result in denial of future use of facilities. Keys If approved by the Public Works Director and/or the Community Services Division designee an organization may receive a key in order to access the facility. Facility keys must be picked up from the Public Works Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. Keys should be returned to Public Works Department within one (1) business day of the event or the group will forfeit their deposit. Facility Set Up Organizations are required to submit a room diagram at the time the facility application is submitted. The City will be responsible for the set up and tear down of equipment. Any additional equipment that the group wants to use at a City facility must be included on the facility application and approved by the City Manager or designee. Decorating Use of glue guns, nails, thumbtacks, staples, masking or electrical tape inside the facility is not permitted. Only non -adhesive putty may be used on the walls. All decorations must be fire proof or fire -retardant materials. Organizations must bring their own extension cords. Decorating for an event is not permitted outside of the facility. Indemnification The applicant must complete a release, hold harmless and indemnity agreement which releases the City, its elected officials, employees, representatives, and/or agents from any and all claims asserted, suits or liability established for damages or injuries, including death, to any person or property, including injuries to applicant, caused by or alleged to be caused by any act or omission by the City, its elected officials, employees, representatives, and/or agents which arise out of or are in any matter directly or indirectly connected with the use or condition of the premises. Insurance All groups are required to have insurance to protect the City from liability occasioned by their use of City premises. Specifically, all insurance required by this policy shall be written by California admitted companies which are rated at least "A,VIII" by the current A.M. Best Rating Guide or by a company of equal financial stability which shall be approved by the City's Risk Manager. 265 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: April 5, 2016 Commercial General Liability coverage with limits of at least one million dollars ($1,000,000) per occurrence must be provided. The City of National City must be named as an additional insured pursuant to a separate endorsement which will be provided to the City along with the Certificate of insurance prior to use of City fields/facilities. In addition, all deductibles and/or self -insured retentions must be disclosed to and approved by the City's Risk Manager. Insurance coverage may be obtained through the City under terms, conditions, and rates applicable at the time, depending on the nature and duration of the proposed use. Organizations desiring to purchase such insurance through the City must contact the City's Risk Manager. Alcohol Regulations The use of alcohol is prohibited in National City Community Centers. Smoking Smoking is prohibited in any part of a City facility. Per Government Code Sections 7596- 7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State, County, or City. Security Applicants may be required to provide licensed, uniformed and contracted security guards for each event at the rate of one (1) security guard for each 200 attendees, as determined by the Public Works Director and/or the Community Services Division designee after consultation with the Police Department. Financial Statement All organizations must submit a financial report on how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. Any financial report must be filed with the City within fifteen (15) days subsequent to the event by any organization charging admission or by any group using the facility for fund- raising purposes. A sign -in log of attendees, with addresses, may be required. No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City facility for causes not directly related to the activity in progress. Non -Discrimination The applicant hereby assures that all programs and activities implemented at City facilities and open to the general public will be conducted in a non-discriminatory manner, without regard to an individual's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, 266 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: April 5, 2016 marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Report Vandalism Although staff inspects our park sites and facilities on a regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the Public Works Department at (619) 336-4580 during regular business hours. 267 of 288 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Facility Use Guidelines and Regulations for the Use of POLICY# 803 Community Centers ADOPTED: August 10,1993 AMENDED: November 1, 2016 PURPOSE: To establish a policy that defines appropriate facility usage and priorities and assigns responsibility for scheduling. GENERAL POLICY: National City Community Centers may be available for public meeting purposes, civic purposes, and non-profit organizations whose memberships substantially includes National City residents or whose purpose is to provide services to National City residents. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers, for -profit events or any profit -making endeavors or any activity not consistent with the general business purpose of the buildingfacility. These guidelines and regulations are established to properly define the conditions under which certain City facilities may be used, operated, and preserved for future users. This City Council Policy 803 shall apply to all City -owned facilities over which the City exercises exclusive operation and control. Third parties shall not use City facilities for any use or purpose in violation of the laws of the United States of America, or the laws, ordinances, regulations, orders, or requirements of the State of California, the County of San Diego, the City, or of other applicable authorities. The guidelines and regulations of this policy are subject to change or modification as deemed necessary by the City Council. The following City -owned facilities are leased to third parties and are not subject to City Council Policy 803: 1. A Reason to Survive, 200 East 12th Street 2. National City Aquatic Center, 3300 Goesno Place 3. The Boys and Girls Club, 1430 D Avenue 4. The Frank A. Kimball House, 923 A Avenue 5. The National City Depot, 922 West 23rd Street 6. Las Palmas Pool, 1800 East 22nd Street 7. The Stein Family Farm, 1808 F Avenue 8. National City Golf Course, 1439 Sweetwater Road 268 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: November 1, 2016 Facilities Available for Reservation 1. Martin Luther King Jr. Community Center, 140 East 12th Street Facility includes a large hall that can be separated into two sections and a kitchen 2. Kimball Senior Center, 1221 D Avenue Facility includes a hall and kitchen 3. Casa De Salud Center, 1408 Harding Avenue Facility includes a hall and half kitchen 4. El Toyon Recreation Center, 2005 East 4th Street Includes a hall and two small classrooms 5. Camacho Recreation Center, 1810 East 22nd Street Facility includes 2 classrooms 6. National City Aquatic Center, 3300 Goesno Place Facility include classroom 7. Granger Music Hall, 1615 East 4th Street Facility includes hall designed for concerts Categories of Use by Priority To ensure Community Centers are used in the best interest of National City residents, Community Centers will be administered in accordance with a priority system: 1. CITY PROGRAMS. National City programs, events and meetings shall have priority over any other program or usage. 2. CITY CO -SPONSORED PROGRAMS. National City co -sponsored programs shall be given second priority. Policy 802 governs the annual list of City Co -Sponsored events. Applications for co-sponsorship may be submitted to Neighborhood Services Department at any time. The Policy 802 Committee meets annually to review applications. 3. CITY STAFF PARTICPATION: Programs that include active participation and/or involvement by City staff to include, but not limited to, presentations, guest speaking and attendance. The City Manager or designee may approve the use to be categorized as City Staff Participation, as long as the program benefits City of National City employees and/or the community. 4. EDUCATIONAL GROUPS. Educational activities organized by any school located in National City. 5. GOVERNMENTAL AGENCIES. An administrative unit of government with specific responsibilities. 6. CIVIC/SERVICE GROUPS. An organization whose official goal is to improve National City neighborhoods through donations to local charities and volunteer work by its members. 7. RESIDENT NON-PROFIT NATIONAL CITY GROUPS. National City non-profit organizations, with 70% of active members having a National City residency and a majority of the officers having a National City residency. 8. OTHER. Proposed use not falling readily into one of the above categories of use will require approval from the City Manager or designee. 269 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: November 1, 2016 Prohibited Facility Use City facilities are not available for the following purposes: 1. Private functions 2. Commercial purposes for personal financial gain 3. Fundraisers, for -profit events or any profit -making endeavors 4. Normally authorized groups sponsoring private usage 5. Any activity not consistent with the general business purpose of the biiikliftfacility Fees and Deposits Based on Category Category Resident Fees Non- Resident Fees Facility Use Fee $50 Kitchen Deposit $60 Key Deposit $100 Cleaning Deposit $100 Audio/Visual Deposit $100 1. City Programs None None None None None None None 2. City Co - Sponsored Programs None None None None None None None 3. City Staff Participation None None None None None None None 4. Educational Groups Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 5. Governmental Agencies Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 6. Civic/Service Groups Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 7. Resident Non- Profit National City Groups Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 8. Other Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 270 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: November 1, 2016 Resident and Non -Resident Fees City Fees and Custodial Fees are set forth in the City Council approved Fee Schedule. Facility Use Fee A Facility Use Fee of $50 is required for all resident and non-resident groups using a facility, excluding City Programs and City Co -Sponsored Programs. Refundable Deposits 1. KITCHEN DEPOSIT. A non-waivable, refundable kitchen deposit of $60 is required. Kitchen equipment including major appliances, cooking tools, eating utensils, and the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left clean, it will be cleaned by city staff or by contract, and the group will forfeit their deposit and be subject to an additional cleanup fee. 2. KEY DEPOSIT. A non-waivable, refundable key deposit of $100 is required. If the key is not returned within one (1) business day of the event, the group will forfeit their deposit. 3. CLEANING DEPOSIT. A non-waivable, refundable cleaning deposit of $100 is required. The facility, grounds and parking areas will be left clean and clear of debris. If the facility is not left clean, it will be cleaned by City staff or by contract, and the group will forfeit their deposit and be subject to an additional cleanup fee. Payment of Fees and Refundable Deposits Fees for use of City facilities are set forth in the Council approved Fee Schedule, and must be paid in full at least ten (10) days prior to the event. If payment is not received, the event will be considered cancelled, and the organization will be advised. The City Manager or designee may, for sufficient reason, make exceptions to this clause, but in any event, payment must be received before the event occurs. Deposits must be made with a separate check. Deposits will be refunded following the return of the issued key, where no damage or loss has occurred and where no extra clean-up is required. In the event of damage, loss or extra clean-up, as determined by the Public Works Department, the deposit may be forfeited and additional charges may be incurred. Applicant Eligibility When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City facilities will not be accepted from anyone less than 21 years of age. Youth groups must have adult sponsors who guarantee observation of the guidelines and regulations. A minimum of one adult per 20 people under the age of 18 is required at the activity. 271 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: November 1, 2016 Any misrepresentation as to the nature of the use or activity to occur at a City facility, the number of attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture of fees paid. Any such misrepresentation may result in denial of future rental requests and/or legal action. Application Process Reservations will be accepted on a first -come -first -served -basis. The Schedule will remain tentative until 30 days before an event. At any time prior to the 30 days before an event, a group of higher category may displace a group of lower category (although consideration will be given to previously scheduled events). At 30 days before an event, the schedule is locked in, and bumping will not be permitted, except for City Programs (category 1). The City reserves the right to cancel, reassign, or otherwise adjust reservations to comply with the demands of its own programs or emergency requirements. Each organization is required to submit the following prior to being granted a Facility Use Permit: 1. Facility Use Application for each facility requested 2. Signed indemnity and hold harmless 3. Proof of insurance 4. Current roster and enrollment data (if applicable) 5. A copy of 501(c)(3) status and current audited financial statement if applying for non- profit status (if applicable) 6. Payment of applicable fees GENERAL RULES: Facility Use Rules 1. The applicant is responsible to ensure that participants are respectful of the facilities and equipment. 2. At no time may the applicant extend the hours of the facility use. 3. The use of City facilities is a privilege and all requirements of the City staff will be met expeditiously. 4. City staff has the authority to direct that the event be terminated and that the premises be vacated and to request the Police Department's or Fire Department's assistance as necessary to clear the premises. 5. Failure to comply with any of the guidelines and regulations or a staff directive shall be grounds for denial of any future requests by the applicant. 272 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: November 1, 2016 Damage, Cleanliness and Supervision 1. All City facilities, including parking areas, grounds and restrooms, shall be left clean and clear of debris and in orderly condition. If the facility is not left clean, it will be cleaned by City staff or by contract, and the group will be billed accordingly. 2. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs and/or replacement will be made by the City, and the group will be billed accordingly. 3. Officers of organizations shall supervise the conduct of their members to avoid damage to City property. 4. Failure to comply may result in denial of future use of facilities. Keys If approved by the Public Works Director and/or the Community Services Division designee an organization may receive a key in order to access the facility. Facility keys must be picked up from the Public Works Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. Keys should be returned to Public Works Department within one (1) business day of the event or the group will forfeit their deposit. Facility Set Up Organizations are required to submit a room diagram at the time the facility application is submitted. The City will be responsible for the set up and tear down of equipment. Any additional equipment that the group wants to use at a City facility must be included on the facility application and approved by the City Manager or designee. Decorating Use of glue guns, nails, thumbtacks, staples, masking or electrical tape inside the facility is not permitted. Only non -adhesive putty may be used on the walls. All decorations must be fire proof or fire -retardant materials. Organizations must bring their own extension cords. Decorating for an event is not permitted outside of the facility. Indemnification The applicant must complete a release, hold harmless and indemnity agreement which releases the City, its elected officials, employees, representatives, and/or agents from any and all claims asserted, suits or liability established for damages or injuries, including death, to any person or property, including injuries to applicant, caused by or alleged to be caused by any act or omission by the City, its elected officials, employees, representatives, and/or agents which arise out of or are in any matter directly or indirectly connected with the use or condition of the premises. 273 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: November 1, 2016 Insurance All groups are required to have insurance to protect the City from liability occasioned by their use of City premises. Specifically, all insurance required by this policy shall be written by California admitted companies which are rated at least "A,VIII" by the current A.M. Best Rating Guide or by a company of equal financial stability which shall be approved by the City's Risk Manager. Commercial General Liability coverage with limits of at least one million dollars ($1,000,000) per occurrence must be provided. The City of National City must be named as an additional insured pursuant to a separate endorsement which will be provided to the City along with the Certificate of insurance prior to use of City fields/facilities. In addition, all deductibles and/or self -insured retentions must be disclosed to and approved by the City's Risk Manager. Insurance coverage may be obtained through the City under terms, conditions, and rates applicable at the time, depending on the nature and duration of the proposed use. Organizations desiring to purchase such insurance through the City must contact the City's Risk Manager. Alcohol Regulations The use of alcohol is prohibited in National City Community Centers. Notwithstanding the provisions of National City Municipal Code Section 10.30.030, the City Council may allow the sale or use of alcoholic beverages in a city -owned facility located within a public park in conjunction with an application for a temporary use permit pursuant to National City Municipal Code Chapter 15.60. City -owned facilities which are operated or leased by a third party, pursuant to a written agreement approved by the City Council, may be allowed to serve or sell alcohol according to the terms as set forth in that written agreement. Smoking Smoking is prohibited in any part of a City facility. Per Government Code Sections 7596-7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State, County, or City. Security Applicants may be required to provide licensed, uniformed and contracted security guards for each event at the rate of one (1) security guard for each 200 attendees, as determined by the Public Works Director and/or the Community Services Division designee after consultation with the Police Department. Financial Statement All organizations must submit a financial report on how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. Any financial report must be filed with the City within fifteen (15) days subsequent to the event by any 274 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: November 1, 2016 organization charging admission or by any group using the facility for fund-raising purposes. A sign -in log of attendees, with addresses, may be required. No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City facility for causes not directly related to the activity in progress. Non -Discrimination The applicant hereby assures that all programs and activities implemented at City facilities and open to the general public will be conducted in a non-discriminatory manner, without regard to an individual's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Report Vandalism Although staff inspects our park sites and facilities on a regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the Public Works Department at (619) 336-4580 during regular business hours. 275 of 288 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Facility Use Guidelines and Regulations for the Use of POLICY# 803 Community Centers ADOPTED: August 10,1993 AMENDED: November 1, 2016 PURPOSE: To establish a policy that defines appropriate facility usage and priorities and assigns responsibility for scheduling. GENERAL POLICY: National City Community Centers may be available for public meeting purposes, civic purposes, and non-profit organizations whose memberships substantially includes National City residents or whose purpose is to provide services to National City residents. Use of any City facilities shall not interfere with the daily routine of any City activity or operation. City facilities may not be used by any person or group for private functions, commercial purposes for personal financial gain, fundraisers, for -profit events or any profit -making endeavors or any activity not consistent with the general business purpose of the facility. These guidelines and regulations are established to properly define the conditions under which certain City facilities may be used, operated, and preserved for future users. This City Council Policy 803 shall apply to all City -owned facilities over which the City exercises exclusive operation and control. Third parties shall not use City facilities for any use or purpose in violation of the laws of the United States of America, or the laws, ordinances, regulations, orders, or requirements of the State of California, the County of San Diego, the City, or of other applicable authorities. The guidelines and regulations of this policy are subject to change or modification as deemed necessary by the City Council. The following City -owned facilities are leased to third parties and are not subject to City Council Policy 803: 1. A Reason to Survive, 200 East 12t1 Street 2. National City Aquatic Center, 3300 Goesno Place 3. The Boys and Girls Club, 1430 D Avenue 4. The Frank A. Kimball House, 923 A Avenue 5. The National City Depot, 922 West 23rd Street 6. Las Palmas Pool, 1800 East 22nd Street 7. The Stein Family Farm, 1808 F Avenue 8. National City Golf Course, 1439 Sweetwater Road 276 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: November 1, 2016 Facilities Available for Reservation 1. Martin Luther King Jr. Community Center, 140 East 12th Street Facility includes a large hall that can be separated into two sections and a kitchen 2. Kimball Senior Center, 1221 D Avenue Facility includes a hall and kitchen 3. Casa De Salud Center, 1408 Harding Avenue Facility includes a hall and half kitchen 4. El Toyon Recreation Center, 2005 East 4th Street Includes a hall and two small classrooms 5. Camacho Recreation Center, 1810 East 22nd Street Facility includes 2 classrooms 6. National City Aquatic Center, 3300 Goesno Place Facility include classroom 7. Granger Music Hall, 1615 East 4th Street Facility includes hall designed for concerts Categories of Use by Priority To ensure Community Centers are used in the best interest of National City residents, Community Centers will be administered in accordance with a priority system: 1. CITY PROGRAMS. National City programs, events and meetings shall have priority over any other program or usage. 2. CITY CO -SPONSORED PROGRAMS. National City co -sponsored programs shall be given second priority. Policy 802 governs the annual list of City Co -Sponsored events. Applications for co-sponsorship may be submitted to Neighborhood Services Department at any time. The Policy 802 Committee meets annually to review applications. 3. CITY STAFF PARTICPATION: Programs that include active participation and/or involvement by City staff to include, but not limited to, presentations, guest speaking and attendance. The City Manager or designee may approve the use to be categorized as City Staff Participation, as long as the program benefits City of National City employees and/or the community. 4. EDUCATIONAL GROUPS. Educational activities organized by any school located in National City. 5. GOVERNMENTAL AGENCIES. An administrative unit of government with specific responsibilities. 6. CIVIC/SERVICE GROUPS. An organization whose official goal is to improve National City neighborhoods through donations to local charities and volunteer work by its members. 7. RESIDENT NON-PROFIT NATIONAL CITY GROUPS. National City non-profit organizations, with 70% of active members having a National City residency and a majority of the officers having a National City residency. 8. OTHER. Proposed use not falling readily into one of the above categories of use will require approval from the City Manager or designee. 277 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: November 1, 2016 Prohibited Facility Use City facilities are not available for the following purposes: 1. Private functions 2. Commercial purposes for personal financial gain 3. Fundraisers, for -profit events or any profit -making endeavors 4. Normally authorized groups sponsoring private usage 5. Any activity not consistent with the general business purpose of the facility Fees and Deposits Based on Category Category Resident Fees Non- Resident Fees Facility Use Fee $50 Kitchen Deposit $60 Key Deposit $100 Cleaning Deposit $100 Audio/Visual Deposit $100 1. City Programs None None None None None None None 2. City Co - Sponsored Programs None None None None None None None 3. City Staff Participation None None None None None None None 4. Educational Groups Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 5. Governmental Agencies Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 6. Civic/Service Groups Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 7. Resident Non- Profit National City Groups Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 8. Other Custodial Fees City Fees and Custodial Fees Required Required Required Required Required 278 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: November 1, 2016 Resident and Non -Resident Fees City Fees and Custodial Fees are set forth in the City Council approved Fee Schedule. Facility Use Fee A Facility Use Fee of $50 is required for all resident and non-resident groups using a facility, excluding City Programs and City Co -Sponsored Programs. Refundable Deposits 1. KITCHEN DEPOSIT. A non-waivable, refundable kitchen deposit of $60 is required. Kitchen equipment including major appliances, cooking tools, eating utensils, and the overall kitchen area shall be left thoroughly clean and ready for use by the next group, without any further cleanup required. If the kitchen is not left clean, it will be cleaned by city staff or by contract, and the group will forfeit their deposit and be subject to an additional cleanup fee. 2. KEY DEPOSIT. A non-waivable, refundable key deposit of $100 is required. If the key is not returned within one (1) business day of the event, the group will forfeit their deposit. 3. CLEANING DEPOSIT. A non-waivable, refundable cleaning deposit of $100 is required. The facility, grounds and parking areas will be left clean and clear of debris. If the facility is not left clean, it will be cleaned by City staff or by contract, and the group will forfeit their deposit and be subject to an additional cleanup fee. Payment of Fees and Refundable Deposits Fees for use of City facilities are set forth in the Council approved Fee Schedule, and must be paid in full at least ten (10) days prior to the event. If payment is not received, the event will be considered cancelled, and the organization will be advised. The City Manager or designee may, for sufficient reason, make exceptions to this clause, but in any event, payment must be received before the event occurs. Deposits must be made with a separate check. Deposits will be refunded following the return of the issued key, where no damage or loss has occurred and where no extra clean-up is required. In the event of damage, loss or extra clean-up, as determined by the Public Works Department, the deposit may be forfeited and additional charges may be incurred. Applicant Eligibility When an application is submitted on behalf of a business entity or organization, it shall be signed by a person with authority to bind the company or organization. Applications for rental of City facilities will not be accepted from anyone less than 21 years of age. Youth groups must have adult sponsors who guarantee observation of the guidelines and regulations. A minimum of one adult per 20 people under the age of 18 is required at the activity. 279 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: November 1, 2016 Any misrepresentation as to the nature of the use or activity to occur at a City facility, the number of attendees expected, contact or payment information or any other falsification on rental application documents will result in the immediate cancellation of the proposed use or event and forfeiture of fees paid. Any such misrepresentation may result in denial of future rental requests and/or legal action. Application Process Reservations will be accepted on a first -come -first -served -basis. The Schedule will remain tentative until 30 days before an event. At any time prior to the 30 days before an event, a group of higher category may displace a group of lower category (although consideration will be given to previously scheduled events). At 30 days before an event, the schedule is locked in, and bumping will not be permitted, except for City Programs (category 1). The City reserves the right to cancel, reassign, or otherwise adjust reservations to comply with the demands of its own programs or emergency requirements. Each organization is required to submit the following prior to being granted a Facility Use Permit: 1. Facility Use Application for each facility requested 2. Signed indemnity and hold harmless 3. Proof of insurance 4. Current roster and enrollment data (if applicable) 5. A copy of 501(c)(3) status and current audited financial statement if applying for non- profit status (if applicable) 6. Payment of applicable fees GENERAL RULES: Facility Use Rules 1. The applicant is responsible to ensure that participants are respectful of the facilities and equipment. 2. At no time may the applicant extend the hours of the facility use. 3. The use of City facilities is a privilege and all requirements of the City staff will be met expeditiously. 4. City staff has the authority to direct that the event be terminated and that the premises be vacated and to request the Police Department's or Fire Department's assistance as necessary to clear the premises. 5. Failure to comply with any of the guidelines and regulations or a staff directive shall be grounds for denial of any future requests by the applicant. 280 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: November 1, 2016 Damage, Cleanliness and Supervision 1. All City facilities, including parking areas, grounds and restrooms, shall be left clean and clear of debris and in orderly condition. If the facility is not left clean, it will be cleaned by City staff or by contract, and the group will be billed accordingly. 2. In the event of physical damage to the facility, its equipment, its contents, or the surrounding grounds, an estimate of the cost of repairs and/or replacement will be made by the City, and the group will be billed accordingly. 3. Officers of organizations shall supervise the conduct of their members to avoid damage to City property. 4. Failure to comply may result in denial of future use of facilities. Keys If approved by the Public Works Director and/or the Community Services Division designee an organization may receive a key in order to access the facility. Facility keys must be picked up from the Public Works Department one business day before the permitted event between 7:30 a.m. and 5:30 p.m. Keys should be returned to Public Works Department within one (1) business day of the event or the group will forfeit their deposit. Facility Set Up Organizations are required to submit a room diagram at the time the facility application is submitted. The City will be responsible for the set up and tear down of equipment. Any additional equipment that the group wants to use at a City facility must be included on the facility application and approved by the City Manager or designee. Decorating Use of glue guns, nails, thumbtacks, staples, masking or electrical tape inside the facility is not permitted. Only non -adhesive putty may be used on the walls. All decorations must be fire proof or fire -retardant materials. Organizations must bring their own extension cords. Decorating for an event is not permitted outside of the facility. Indemnification The applicant must complete a release, hold harmless and indemnity agreement which releases the City, its elected officials, employees, representatives, and/or agents from any and all claims asserted, suits or liability established for damages or injuries, including death, to any person or property, including injuries to applicant, caused by or alleged to be caused by any act or omission by the City, its elected officials, employees, representatives, and/or agents which arise out of or are in any matter directly or indirectly connected with the use or condition of the premises. 281 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: November 1, 2016 Insurance All groups are required to have insurance to protect the City from liability occasioned by their use of City premises. Specifically, all insurance required by this policy shall be written by California admitted companies which are rated at least "A,VIII" by the current A.M. Best Rating Guide or by a company of equal financial stability which shall be approved by the City's Risk Manager. Commercial General Liability coverage with limits of at least one million dollars ($1,000,000) per occurrence must be provided. The City of National City must be named as an additional insured pursuant to a separate endorsement which will be provided to the City along with the Certificate of insurance prior to use of City fields/facilities. In addition, all deductibles and/or self -insured retentions must be disclosed to and approved by the City's Risk Manager. Insurance coverage may be obtained through the City under terms, conditions, and rates applicable at the time, depending on the nature and duration of the proposed use. Organizations desiring to purchase such insurance through the City must contact the City's Risk Manager. Alcohol Regulations The use of alcohol is prohibited in National City Community Centers. Notwithstanding the provisions of National City Municipal Code Section 10.30.030, the City Council may allow the sale or use of alcoholic beverages in a city -owned facility located within a public park in conjunction with an application for a temporary use permit pursuant to National City Municipal Code Chapter 15.60. City -owned facilities which are operated or leased by a third party, pursuant to a written agreement approved by the City Council, may be allowed to serve or sell alcohol according to the terms as set forth in that written agreement. Smoking Smoking is prohibited in any part of a City facility. Per Government Code Sections 7596-7598, smoking is prohibited within 20 feet of the main entrances, exits and operable windows of any facility owned, leased and occupied by the State, County, or City. Security Applicants may be required to provide licensed, uniformed and contracted security guards for each event at the rate of one (1) security guard for each 200 attendees, as determined by the Public Works Director and/or the Community Services Division designee after consultation with the Police Department. Financial Statement All organizations must submit a financial report on how they plan to use the funds raised from the event and how the funds raised will benefit the National City community. Any financial report must be filed with the City within fifteen (15) days subsequent to the event by any 282 of 288 TITLE: Facility Use Guidelines and Regulations for the Use of POLICY # 803 Community Centers ADOPTED: August 10, 1993 AMENDED: November 1, 2016 organization charging admission or by any group using the facility for fund-raising purposes. A sign -in log of attendees, with addresses, may be required. No donations, under any guise or circumstance, or for any purpose, shall be solicited at any City facility for causes not directly related to the activity in progress. Non -Discrimination The applicant hereby assures that all programs and activities implemented at City facilities and open to the general public will be conducted in a non-discriminatory manner, without regard to an individual's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Report Vandalism Although staff inspects our park sites and facilities on a regular basis, damage or vandalism may occur between visits. If you notice any broken equipment or furnishings, unsafe conditions, or vandalism, please report it to the Public Works Department at (619) 336-4580 during regular business hours. 283 of 288 CC/CDC-HA Agenda 11/1/2016 — Page 284 The following page(s) contain the backup material for Agenda Item: Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage that is not -to -exceed $104,000 to be and remain a lien prior and superi 284 of 288 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: November 1, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage that is not - to -exceed $104,000 to be and remain a lien prior and superior to a home purchase assistance loan on a single-family residence located at 1928 E Avenue in National City. PREPARED BY: Angelita Palmtomm. Dev. Specialist II DEPARTMENT: Ho sing Economic Dev. PHONE: 619-336-4219 EXPLANATION: APPROVED BY On March 13, 2014, the Community Development Commission of the City of National ity ("CDC") made a loan for $18,026 from the HOME Investment Partnerships Program to assist in the rehabilitation of a single- family residence located at 1928 E Avenue in National City. The loan has an outstanding principal balance of $17,795. Teresa Trujillo Labra ("Borrower") is interested in refinancing the first mortgage loan on the property and has been approved for a new loan from Wells Fargo Bank, N.A. ("Lender"). The Lender is requiring that the Community Development Commission -Housing Authority (CDC -HA) execute the attached subordination agreement allowing the new loan to hold superior position to the CDC -issued loan. The CDC -issued loan will maintain second lien position on the property. The purpose of the refinance is to reduce the interest rate to 4% for a 30 year term. There will not be cash proceeds to the Borrower through the refinance. Staff has satisfactorily reviewed the combined loan -to -value, preliminary title report, new loan terms, loan application, and underwriting summary. APPROVED: Finance FINANCIAL STATEMENT: APPROVED: MIS N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Attachment No. 1: Subordination Agreement 285 of 288 Attachment No. 1 RECORDING REQUESTED BY FIRST AMERICAN TITLE COMPANY AND WHEN RECORDED MAIL TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ATTN: HOUSING & ECONOMIC DEV ORDER NO.: 00148707-996-MCO-JH7 SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this 1st day of November 2016 by Teresa Trujillo Labra, owner of the land hereinafter described and hereinafter referred to as "Owners", and the Community Development Commission -Housing Authority of the City of National City, a public body, corporate and politic as present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary". WITNESSETH THAT WHEREAS, Owners has executed a deed of trust, dated March 13, 2014, to the Community Development Commission - Housing Authority of the City of National City as trustee, covering the Real property in the City of National City, County of San Diego, State of California, described as follows: ALL OF LOTS 6 AND 7 IN BLOCK 1, OF POWELL'S SUBDIVISION OF THE WEST HALF OF LOT 13 IN QUARTER SECTION 153 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1270, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1910. EXCEPTING THEREFROM SAID LOTS 6 AND 7 THE WESTERLY 47.92 FEET. EXCEPTING THEREFROM ALSO FROM LOT 7 THE NORTHERLY 32 FEET. APN: 560-251-08-00 to secure a note in the sum of $18,026, dated March 13, 2014, in favor of The Community Development Commission -Housing Authority of the City of National City, a public body, corporation and politic, which deed of trust was recorded March 17, 2014, Recording Number 2014-0103793 Official Records of said county; and WHEREAS, Owners has executed, or is about to execute, a deed of trust and note in the sum not to exceed $104,000 dated 2016, in favor of Wells Fargo Bank, N.A., hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor or Lender; and 286 of 288 Attachment No. 1 WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that (a) He/She consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He/She intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. Community Development Commission — Housing Authority of the City of National City By: Ron Morrison, Chairman Teresa Trujillo Labra Beneficiary Owner (All signatures must be acknowledged) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. 287 of 288 Attachment No. 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } SS: On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature FOR NOTARY SEAL OR STAMP A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF } SS: On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature FOR NOTARY SEAL OR STAMP 288 of 288