HomeMy WebLinkAbout2015 CON SANDAG - Downtown Specific PlanNOTE TO FILE
01-29-18
IN THE MATTER OF: Resolution 2015-172, of the City of National
City accepting a Transnet Smart Growth Incentive Grant Program
Grant Award through SANDAG for the Downtown Specific Plan
Update. Please note the following:
A FULLY EXECUTED ORIGINAL GRANT AGREEMENT
WAS NEVER FILED WITH THE OFFICE OF THE CITY CLERK.
ORIGINATING DEPARTMENT:
NTF
CDC _ Housing & Grants
City Attorney Human Resources
City Manager _ MIS
Community Svcs. Planning
X Engineering Police
Finance X Public Works
Fire
TransNet SMART GROWTH INCENTIVE GRANT PROGRAM
THIRD FUNDING CYCLE
GRANT AGREEMENT NO. 5004745 BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND
THE CITY OF NATIONAL CITY
REGARDING DOWNTOWN SPECIFIC PLAN UPDATE
THIS GRANT AGREEMENT NO. 5004745 (Agreement) is made this day of
2015, by and between the San Diego Association of Governments, 401 B Street, Suite 800, San Diego,
California 92101 (hereinafter referred to as "SANDAG"), and the City of National City, 1243 National
City Boulevard, National City, California 91950 (hereinafter referred to as "Grantee"). SANDAG and
Grantee also are hereinafter collectively referred to as "the Parties." This Agreement expires on
RECITALS
The following recitals are a substantive part of this Agreement:
A. The SANDAG Board of Directors allocates funds under the TransNet local sales tax program to
support local transportation -related infrastructure projects in the San Diego region through a
competitive process.
B. The TransNet Extension Ordinance contains provisions to fund the Smart Growth Incentive
Program (SGIP), which funding began on April 1, 2008. The SGIP encompasses projects that
better integrate transportation and land use and recognizes the comprehensive effort to
integrate smart growth place making, access to transit, and environmental justice.
C. In January 2010, the SANDAG Board of Directors approved Board Policy No. 035 — Competitive
Grant Program Procedures (Board Policy No. 035), which is included as Attachment B. This
Grant Award, Agreement and Grantee's performance thereunder are subject to Board Policy
No. 035, which includes multiple "use it or lose it" provisions.
D. On December 19, 2014, SANDAG issued a Call for Projects from local jurisdictions in San Diego
County wishing to apply for a portion of the TransNet SGIP funds for use on capital
improvement and planning projects meeting certain criteria.
E. On July 24, 2015, the SANDAG Board of Directors approved programming of approximately
$12 million in TransNet funds by Resolution Number 2016-02.
F. Grantee successfully applied for TransNet SGIP funding for the Downtown Specific Plan Update
(Project), as described in Grantee's grant application. The Scope of Work, Project Schedule, and
Approved Project Budget are included as Attachment A.
G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide
Grantee with funding to implement the Project.
H. Although SANDAG will be providing financial assistance to Grantee to support the Project,
SANDAG will not take an active role or retain substantial control of the Project. Therefore, this
Agreement is characterized as a funding agreement rather than a cooperative agreement.
I. Grantee understands that TransNet funds derive from retail transactions and use tax revenues
which fluctuate. SANDAG funding commitment to SGIP Projects, including this Project, is subject
to these fluctuations, which may impact funding availability for this Project.
NOW, THEREFORE, it is agreed as follows:
I. DEFINITIONS
A. Application. The signed and dated grant application, including any amendment thereto, with
all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf
of Grantee and accepted or approved by SANDAG. All of Grantee's application materials, not in
conflict with this Agreement, are hereby incorporated into this Agreement as though fully set
forth herein.
B. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in
typewritten hard copy or electronically) of a SANDAG official authorized to permit Grantee to
take or omit an action required by this Agreement, which action may not be taken or omitted
without such written permission. Except to the extent that SANDAG determines otherwise in
writing, such approval, authorization, concurrence, or waiver permitting the performance or
omission of a specific action does not constitute permission to perform or omit other similar
actions. An oral permission or interpretation has no legal force or effect.
C. Approved Project Budget. The most recent statement of the costs of the Project, the
maximum amount of assistance from SANDAG for which Grantee is currently eligible, the
specific tasks (including specific contingencies) covered, and the estimated cost of each task,
that has been approved by SANDAG. The Approved Project Budget is included in Attachment A.
D. SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP.
E. Grantee. The local jurisdiction that is the recipient of SGIP funding under this Agreement.
F. Notice to Proceed means a written notice from SANDAG issued to Grantee authorizing
Grantee to proceed with all or a portion of the work described in the Scope of Work. Grantee
shall not proceed with the work and shall not be eligible to receive payment for work
performed prior to SANDAG issuance of a Notice to Proceed.
G. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds
flowing from this Agreement for the Project.
II. PROJECT IMPLEMENTATION
A. General. Grantee agrees to carry out the Project as follows:
1. Project Description. Grantee agrees to perform the work as described in the Scope of
Work included as Attachment A.
2. Effective Date. The effective date of this Agreement or any amendment hereto is the
date on which this Agreement or an amendment is fully executed. Grantee agrees to
undertake Project work promptly after receiving a Notice to Proceed from SANDAG.
3. Grantee's Capacity. Grantee agrees to maintain or acquire sufficient legal, financial,
technical, and managerial capacity to: (a) plan, manage, and complete the Project and
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provide for the use of any Project property; (b) carry out the safety and security aspects
of the Project; and (c) comply with the terms of the Agreement and all applicable laws,
regulations, and policies pertaining to the Project and Grantee, including but not
limited to the TransNet Extension Ordinance and Board Policy No. 035.
4. Project Schedule. Grantee agrees to complete the Project according to the Project
Schedule included in Attachment A and in compliance with Board Policy No. 035, as
amended, and included as Attachment B.
5. Project Implementation and Oversight. Grantee agrees to comply with the Project
Implementation and Oversight Requirements, included as Attachment C, and Board
Policy No. 035, as amended.
6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on
the application submitted by Grantee, which contained representations by Grantee
regarding project parameters, project proximity to transit, and other criteria relevant to
evaluating and ranking the Project based on SANDAG SGIP scoring criteria. Any
substantive deviation from Grantee's representations in the Application during project
implementation may require re-evaluation or result in loss of funding. If Grantee knows,
or should have known, that substantive changes to the Project will occur or have
occurred, Grantee will immediately notify SANDAG in writing. SANDAG will then
determine whether the Project is still consistent with the overall objectives of the SGIP
and whether the changes would have negatively affected the Project ranking during the
competitive grant evaluation process. SANDAG reserves the right to have SGIP funding
withheld from Grantee, or refunded to SANDAG, due to Grantee's failure to satisfactorily
complete the Project or due to substantive changes to the Project.
7. Media and Community Outreach Coordination. Grantee agrees notify SANDAG of any
media and community outreach efforts, including presentations to community groups,
other agencies, and elected officials. Grantee agrees to assist SANDAG with media or
community events related to the Project, such as ground breaking and ribbon cutting.
Press materials shall be provided to SANDAG staff before they are distributed. SANDAG
logo(s) should be included in press materials and other project collateral, but may never
be included in such documents without advance approval from SANDAG.
As part of the quarterly reports submitted to SANDAG, Grantee agrees to provide Project
milestone information to support media and communications efforts. SANDAG reserves
the right to use the information provided by Grantee for any combination of the
following, including but not limited to: social media posts, online photo albums, videos,
press releases, PowerPoint presentations, web updates, newsletters, and testimonials. In
submitting photos to SANDAG, Grantee agrees to release the rights of the photos to
SANDAG for its use.
8. Project Signage and Designation of TransNet Funded Facilities. Each capital project in
excess of $250,000 funded in whole or in part by revenues from the TransNet Extension
Ordinance shall be clearly designated during its construction or implementation as
being provided by revenues from the TransNet Extension Ordinance.
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Grantee agrees to follow the Project Signage Specifications. SANDAG will provide sign
specifications. Grantee agrees to follow sign specifications and submit proof files to
SANDAG for approval before printing.
9. Baseline Data Collection. For capital projects, Grantee is required to coordinate with
SANDAG staff on the development of a baseline data collection plan in accordance
with the Project Implementation and Oversight Requirements.
B. Application of Laws. Should a federal or state law pre-empt a local law, regulation, or the
TransNet Extension Ordinance, Grantee must comply with the federal or state law and
implementing regulations. No provision of this Agreement requires Grantee to observe or
enforce compliance with any provision, perform any other act, or do any other task in
contravention of federal, state, territorial, or local law, regulation, or ordinance. If
compliance with any provision of this Agreement violates or would require Grantee to violate
any law, Grantee agrees to notify SANDAG immediately in writing. Should this occur,
SANDAG and Grantee agree that they will make appropriate arrangements to proceed with
or, if necessary, terminate the Project or affected portions thereof expeditiously.
C. Notice Regarding Prevailing Wages. SANDAG SGIP Grants are funded with TransNet
revenues consistent with the TransNet Extension Ordinance adopted by the voters in November
2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require
payment of prevailing wages, California law may require that Grantee's public works projects
pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly
encouraged Grantee to seek legal counsel regarding whether the Project will be subject to
prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement requires
Grantee's compliance with all federal, state, and local laws and ordinances as applicable.
D. Significant Participation by a Subgrantee. Although Grantee may delegate any or almost
all Project responsibilities to one or more subgrantees, Grantee agrees that it, rather than any
subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and
this Agreement.
E. Third Party Contracting. Grantee shall not award contracts over $3,000 on the basis of a
noncompetitive procurement for work to be performed under this Agreement without the
prior written approval of SANDAG. Contracts awarded by Grantee, if intended as local match
credit, must meet the requirements set forth in this Agreement regarding local match funds.
1. If Grantee hires a consultant to carry out professional services funded under this
Agreement, Grantee shall: prepare an Independent Cost Estimate (ICE) prior to soliciting
proposals; publicly advertise for competing proposals for the work; use cost as an
evaluation factor in selecting the consultant; document a Record of Negotiation (RON)
establishing that the amount paid by Grantee for the consultant services is fair and
reasonable; and pass through the relevant obligations in this Agreement to the
consultant.
2. If Grantee hires a contractor to carry out construction services funded under this
Agreement, Grantee shall: prepare an ICE (e.g., a construction cost estimate) prior to
soliciting bids; publicly advertise for competing bids for the work; award the work to the
lowest responsive and responsible bidder; document a RON establishing that the
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amount paid by Grantee for the construction services is fair and reasonable; and pass
through the relevant obligations in this Agreement to the contractor.
F. Grantee's Responsibility to Extend Agreement Requirements to Other Entities
1. Entities Affected. Grantee agrees to take appropriate measures necessary to ensure that
all Project participants comply with all applicable federal laws, regulations, and policies
affecting Project implementation. In addition, if an entity other than Grantee is expected
to fulfill any responsibilities typically performed by Grantee, Grantee agrees to assure
that the entity carries out Grantee's responsibilities as set forth in this Agreement.
2. Documents Affected. The applicability provisions of laws, regulations, and policies
determine the extent to which those provisions affect an entity (such as a subgrantee)
participating in the Project through Grantee. Thus, Grantee agrees to use a written
document to ensure that each entity participating in the Project complies with
applicable laws, regulations, and policies.
3. Flowdown. Grantee agrees to include in each document (subagreement, lease, third -
party contract, or other) any necessary provisions requiring the Project participant
(third -party contractor, subgrantee, or other) to impose applicable laws, Agreement
requirements and directives on its subgrantees, lessees, third -party contractors, and
other Project participants at the lowest tier necessary.
G. No SANDAG Obligations to Third -Parties. In connection with the Project, Grantee agrees
that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee,
third -party contractor, or other person or entity that is not a party to the Agreement for the
Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation,
subagreement, lease, or third -party contract at any tier, SANDAG has no obligations or
liabilities to any entity other than Grantee, including any subgrantee, lessee, or third -party
contractor at any tier.
H. Changes in Project Performance. Grantee agrees to notify SANDAG immediately, in writing,
of any change in local law, conditions (including its legal, financial, or technical capacity), or any
other event that may adversely affect Grantee's ability to perform the Project in accordance
with the terms of the Agreement and as required by Board Policy No. 035. Grantee also agrees
to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach,
default, or litigation that may adversely affect SANDAG interests in the Project; and agrees to
inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason,
in any forum. At a minimum, Grantee agrees to send each notice to SANDAG required by this
subsection to the SANDAG Office of General Counsel.
Standard of Care. Grantee expressly warrants that the work to be performed pursuant to
this Agreement shall be performed in accordance with the applicable standard of care. Where
approval by SANDAG, its Executive Director, or other representative of SANDAG is indicated
in the Scope of Work, it is understood to be conceptual approval only and does not relieve
Grantee of responsibility for complying with all laws, codes, industry standards, and liability
for damages caused by negligent acts, errors, omissions, noncompliance with industry
standards, or the willful misconduct of Grantee or its subgrantees.
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III. ETHICS
A. Grantee Code of Conduct/Standards of Conduct. Grantee agrees to maintain a written
code of conduct or standards of conduct that shall govern the actions of its officers, employees,
council or board members, or agents engaged in the award or administration of subagree-
ments, leases, or third -party contracts supported with SGIP funding. Grantee agrees that its
code of conduct or standards of conduct shall specify that its officers, employees, council or
board members, or agents may neither solicit nor accept gratuities, favors, or anything of
monetary value from any present or potential subgrantee, lessee, or third -party contractor at
any tier or agent thereof. Grantee may set de minimis rules where the financial interest is not
substantial, or the gift is an unsolicited item of nominal intrinsic value. Grantee agrees that its
code of conduct or standards of conduct shall also prohibit its officers, employees, board
members, or agents from using their respective positions in a manner that presents a real or
apparent personal or organizational conflict of interest or personal gain. As permitted by state
or local law or regulations, Grantee agrees that its code of conduct or standards of conduct
shall include penalties, sanctions, or other disciplinary actions for violations by its officers,
employees, council or board members, or their agents, or its third -party contractors or
subgrantees or their agents.
1. Personal Conflicts of Interest. Grantee agrees that its code of conduct or standards of
conduct shall prohibit Grantee's employees, officers, council or board members, or agents
from participating in the selection, award, or administration of any third -party contract
or subagreement supported by SGIP funding if a real or apparent conflict of interest
would be involved. Such a conflict would arise when an employee, officer, board
member, or agent, including any member of his or her immediate family, partner, or
organization that employs, or intends to employ, any of the parties listed herein has a
financial interest in a firm competing for award.
2. Organizational Conflicts of Interest. Grantee agrees that its code of conduct or standards
of conduct shall include procedures for identifying and preventing real and apparent
organizational conflicts of interest. An organizational conflict of interest exists when the
nature of the work to be performed under a proposed third -party contract or
subagreement may, without some restrictions on future activities, result in an unfair
competitive advantage to the third -party contractor or subgrantee or impair its
objectivity in performing the contract work.
B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of
interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might
result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or
other unlawful considerations. SANDAG staff members are specifically prohibited from
participating in the selection process when those staff have a close personal relationship, family
relationship, or past (within the last 12 months), present, or potential business or employment
relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for
any contract to be made by SANDAG if any individual Board member or staff has a prohibited
financial interest in the contract. Staff are also prohibited from soliciting or accepting gratuities
from any organization seeking funding from SANDAG. SANDAG officers, employees, agents,
and Board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary
value from consultants, potential consultants, or parties to subagreements. By signing this
Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff
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or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the
Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately.
C. Bonus or Commission. Grantee affirms that it has not paid, and agrees not to pay, any
bonus or commission to obtain approval of its SGIP funding application for the Project.
D. False or Fraudulent Statements or Claims. Grantee acknowledges and agrees that by
executing the Agreement for the Project, Grantee certifies or affirms the truthfulness and
accuracy of each statement it has made, it makes, or it may make in connection with the
Project, including, but not limited to, Grantee's grant application, progress reports and invoices.
IV. AMOUNT OF FUNDING ASSISTANCE
Grantee agrees that SANDAG will provide SGIP funding for the Project equal to the smaller of the
following amounts: (a) the Maximum SANDAG Amount Approved of $320,000, or (b) the amount
calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is
86.49 percent. The responsibility of SANDAG to make payments under this Agreement is limited to
the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its
application for funding from SANDAG for the Project is the amount that forms the basis upon
which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s)
of SANDAG Participation.
The TransNet MPO ID for the Project is NC24.
V. MATCHING FUNDS
Grantee has proposed to provide $50,000 which is 13.51 percent in matching funds from sources
other than TransNet for the Project and therefore agrees as follows:
A. Duty to Obtain Matching Funds. Grantee agrees to provide sufficient funds or approved
in -kind resources, together with the SGIP funding awarded, that will assure payment of the
actual cost of each Project activity covered by this Agreement. The amount of matching funds
and percentage(s) of matching funds Grantee shall provide are set forth in the Approved
Project Budget. Grantee agrees to complete all proceedings necessary to provide its share of the
Project costs at or before the time the matching funds are needed for Project costs.
B. Prompt Payment of Matching Funds. Grantee agrees to provide the proportionate amount
of the matching funds promptly as it incurs Project costs or Project costs become due. Each of
Grantee's invoices must include its pro-rata matching fund contribution as reflected in the
Approved Project Budget, along with supporting, descriptive and/or explanatory
documentation for the matching funds provided.
C. Reduction of Matching Funds. Grantee agrees that no refund or reduction of the amount of
matching funds may be made unless, at the same time, a reduction of the proportional amount
of the SGIP funding provided is made to SANDAG in order to maintain the Maximum
Percentage(s) of SANDAG Participation.
VI. APPROVED PROJECT BUDGET
Except to the extent that SANDAG determines otherwise in writing, Grantee agrees as follows:
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Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project
Budget." Grantee will incur obligations and make disbursements of Project funds only as authorized
by the Approved Project Budget. An amendment to the Approved Project Budget requires the
issuance of a formal amendment to the Agreement, unless the re -allocation of funds among budget
items or fiscal years that will not increase the total amount of the SGIP funding awarded for the
Project, does not negatively impact the benefits obtained from the Project, and is consistent with
applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required
for transfers of funds between Approved Project Budget line items.
VII. PAYMENTS
A. Grantee's Request for Payment When Matching Funds Are Required. Grantee will
demonstrate or certify that it will provide adequate matching funds such that, when combined
with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the
extent that SANDAG determines, in writing, that Grantee may defer its provision of matching
funds for the Project, a Grantee is required under the terms of this Agreement to provide
matching funds for the Project and agrees that it will not:
1. Request or obtain matching funds exceeding the amount justified by the matching share
previously provided, or
2. Take any action that would cause the proportion of SGIP funding made available to the
Project at any time to exceed the percentage authorized by the Agreement for the
Project.
B. Payment by SANDAG. Upon receiving a request for payment and adequate supporting
information, SANDAG will make payment, for eligible amounts to Grantee within 30 days if
Grantee has complied with the requirements of the Agreement, including submission of a
Quarterly Report which is included as Attachment D, has satisfied SANDAG that the SGIP
funding requested is needed for Project purposes in that requisition period, and is making
adequate progress toward Project completion consistent with Board Policy No. 035. After
Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG
may reimburse Grantee's apparent allowable costs incurred consistent with the Approved
Project Budget. SANDAG shall retain 10 percent from the amounts invoiced until satisfactory
completion of work. SANDAG shall promptly release retention amounts to Grantee following
Grantee's satisfactory completion of work and receipt of Grantee's final invoice and all
required documentation.
C. Eligible Costs. Grantee agrees that Project costs eligible for SGIP funding must comply with
the following requirements, unless SANDAG determines otherwise in writing. To be eligible for
reimbursement, Project costs must be:
1. Consistent with the Project Scope of Work, the Approved Project Budget, and other
provisions of the Agreement.
2. Necessary in order to accomplish the Project.
3. Reasonable for the goods or services purchased.
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4. Actual net costs to Grantee (i.e., the price paid minus any refunds, rebates, or other
items of value received by Grantee that have the effect of reducing the cost actually
incurred, excluding program income).
5. Incurred for work performed, only on a reimbursement basis, after both the Effective
Date of the Agreement and following Grantee's receipt of a Notice to Proceed from
SANDAG.
6. Satisfactorily documented with supporting documentation which is to be submitted
with each invoice.
7. Treated consistently in accordance with generally accepted accounting principles and
procedures for Grantee and any third -party contractors and subgrantees, (see Section 6
Accounting Records).
8. Eligible for TransNet Funding as part of the SGIP.
9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the
following documentation as part of the grant application materials: (1) an indirect cost
allocation audit approved by a qualified independent auditor, or (2) the applicant's
proposed method for allocating indirect costs in accordance with the Office of
Management Budget guidelines. Indirect cost allocation plans must be reviewed and
renewed annually.
10. Project generated revenue realized by Grantee shall be utilized in support of the Project.
Project generated revenue and expenditures, if any, shall be reported at the end of the
Agreement period.
D. Excluded Costs
1. In determining the amount of SGIP funding SANDAG will provide for the Project,
SANDAG will exclude:
a. Any Project cost incurred by Grantee before either the date SANDAG issues a
Notice to Proceed to Grantee or the Effective Date of the Agreement or any
Amendment thereto;
b. Any cost that is not included in the latest Approved Project Budget;
c. Any cost for Project property or services received in connection with a subagree-
ment, lease, third -party contract, or other arrangement that is required to be, but
has not been, concurred in or approved in writing by SANDAG; and
d. Any cost ineligible for SANDAG participation as provided by applicable laws,
regulations, or policies.
2. Certain costs at times associated with bicycle and pedestrian projects are not eligible
when the benefit provided is not the exclusive use of bicyclists or pedestrians. These
instances are listed below.
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a. Curb and gutter are part of the roadway drainage system. As such, newly installed
curb and gutter cannot be considered an improvement exclusively for the benefit
of the sidewalk or bike lane and are not an eligible expense.
b. Driveway ramps installed across sidewalks are not for the benefit of pedestrians,
and in fact, degrade the pedestrian environment. Claimants may not include the
cost of driveway ramps in applications for sidewalk projects. However, the distance
across the driveway may be included when computing the per -square -foot cost of
the sidewalk.
c. Where roadway design standards require a roadway shoulder width at least as
wide as would be required for a standard bike lane, the cost of the shoulder
construction will not be eligible. Appropriate bikeway signage is eligible.
d. Under some circumstances, it may be necessary to remove and replace curb and
gutter, driveway ramps, drainage facilities and other existing improvements in
order to construct a bikeway or sidewalk. In such cases the cost of this work is
most likely eligible, but claimants should carefully document why this is so in the
claim submittal.
E. Grantee understands and agrees that payment to Grantee for any Project cost does not
constitute the final decision of SANDAG about whether that cost is allowable and eligible for
payment under the Project and does not constitute a waiver of any violation by Grantee of
the terms of the Agreement for the Project or Board Policy No. 035. Grantee acknowledges
that SANDAG will not make a final determination about the allowability and eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has
been completed, whichever occurs latest. If SANDAG determines that Grantee is not entitled
to receive any portion of the SGIP funding requested or paid, SANDAG will notify Grantee in
writing, stating its reasons. Grantee agrees that Project closeout will not alter Grantee's
responsibility to return any funds due to SANDAG as a result of later refunds, corrections,
performance deficiencies, or other similar actions; nor will Project closeout alter the right of
SANDAG to disallow costs and recover funds provided for the Project on the basis of a later
audit or other review. Upon notification to Grantee that specific amounts are owed to
SANDAG, whether for excess payments of SGIP funding, disallowed costs, or funds recovered
from third parties or elsewhere, Grantee agrees to promptly remit to SANDAG the amounts
owed, including applicable interest, penalties and administrative charges.
VIII. ACCOUNTING RECORDS
In compliance with applicable laws, regulations, and policies, Grantee agrees as follows:
A. Project Accounts. Grantee agrees to establish and maintain for the Project either a separate
set of accounts or separate accounts within the framework of an established accounting system
that can be identified with the Project. Grantee also agrees to maintain documentation of all
checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in
whole or in part to the Project so that they may be clearly identified, readily accessible, and
available to SANDAG upon request and, to the extent feasible, kept separate from documents
not related to the Project.
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B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG
determines otherwise, in writing, Grantee agrees to support all costs charged to the Project,
including any approved services or property contributed by Grantee or others, with properly
executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature
and propriety of the charges, including adequate records to support the costs Grantee has
incurred underlying any payment in which SANDAG has agreed to participate in based upon a
payable milestone.
IX. REPORTING, RECORD RETENTION, AND ACCESS
A. Types of Reports. Grantee agrees to submit to SANDAG all reports required by law and
regulation, policy, this Agreement, and any other reports SANDAG may specify.
B. Report Formats. Grantee agrees that all reports and other documents or information
intended for public availability developed in the course of the Project and required to be
submitted to SANDAG must be prepared and submitted in electronic and/or typewritten hard
copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be
submitted in particular formats.
C. Record Retention. During the course of the Project and for three years thereafter from the
date of transmission of the final expenditure report, Grantee agrees to maintain, intact and
readily accessible, all data, documents, reports, records, contracts, and supporting materials
relating to the Project, as SANDAG may require.
D. Access to Records of Grantees and Subgrantees. Grantee agrees to permit, and require
its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect
all Project work, materials, payrolls, and other data, and to audit the books, records, and
accounts of Grantee and its subgrantees pertaining to the Project.
E. Project Closeout. Grantee agrees that Project closeout does not alter the reporting and
record retention requirements of this Agreement.
F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the
progress of its work, expenditures incurred, and information regarding whether the Project is
projected to be completed within the limits of the Approved Project Budget, Project Schedule,
and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall
document the progress and results of work performed under this Agreement to the satisfaction
of SANDAG. This includes progress and final reports, plans, specifications, estimates, and other
evidence of attainment of the Agreement objectives, which are requested by SANDAG or ITOC.
Grantee may be required to attend meetings of SANDAG staff and committees, including but
not limited to ITOC, the Regional Planning Committee, the Transportation Committee, and the
SANDAG Board of Directors, to report on its progress and respond to questions.
G. Communities Served Data and Report. If requested, Grantee shall provide SANDAG with
data regarding how the Project's benefits and burdens were equitably distributed among
socio and economic populations in the area affected by the Project, and associated smart
growth data.
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X. PROJECT COMPLETION, AUDIT, SETTLEMENT, AND CLOSEOUT
A. Project Completion. Within 90 calendar days following Project completion or termination by
SANDAG, Grantee agrees to submit a final certification of Project expenses and final reports, as
applicable. All payments made to Grantee shall be subject to review for compliance by SANDAG
with the requirements of this Agreement and shall be subject to an audit upon completion of
the Project.
B. Project Audit.
For TransNet-funded projects:
Grantee agrees to have financial and compliance audits performed as SANDAG may require
consistent with the TransNet Extension Ordinance. Grantee agrees that Project closeout will
not alter Grantee's audit responsibilities. Audit costs are allowable Project costs.
C. Performance Audit. Grantee agrees to cooperate with SANDAG or ITOC with regard to any
performance audit that is performed on the Project pursuant to the TransNet Ordinance.
D. Project Closeout. Project closeout occurs when SANDAG notifies Grantee that SANDAG has
closed the Project and, if applicable, either forwards the final SGIP funding payment and/or
acknowledges that Grantee has remitted the proper refund. Grantee agrees that Project
closeout by SANDAG does not invalidate any continuing requirements imposed by the
Agreement or any unmet requirements set forth in a written notification from SANDAG.
E. Project Use. Grantee was awarded this Agreement based on representations in its grant
application regarding the Project's intended use. If the Project is a capital project, Grantee
hereby commits to continued use of the Project for the purposes stated in its application for a
period of at least five years after completion of construction. SANDAG may require Grantee
to refund SGIP funding provided for the Project in the event Grantee fails to utilize the
Project for its intended purposes as stated in the grant application or for any disallowed costs.
XI. TIMELY PROGRESS AND RIGHT OF SANDAG TO TERMINATE
A. Grantee shall make diligent and timely progress toward completion of the Project within the
timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any
policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole
discretion, review the status of the Project to determine if the remaining funding should be
reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and
agrees that any failure to make reasonable progress on the Project, or violation of this
Agreement and/or Board Policy No. 035 that endangers substantial performance of the Project,
shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement.
B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates
difficulty in complying with the Project Schedule, Grantee shall immediately notify the SANDAG
Project Manager in writing, and shall provide pertinent details, including the reason(s) for the
delay in performance and the date by which Grantee expects to complete performance or
delivery. This notification shall be informational in character only and receipt of it shall not be
construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or
remedies provided by this Agreement, including Board Policy No. 035 requirements.
12
C. Upon written notice, Grantee agrees that SANDAG may suspend or terminate all or any part
of the SGIP funding to be provided for the Project if Grantee has violated the terms of the
Agreement, or Board Policy No. 035, or if SANDAG determines that the purpose of the laws or
policies authorizing the Project would not be adequately served by the continuation of SGIP
funding for the Project.
D. In general, termination of SGIP funding for the Project will not invalidate obligations properly
incurred by Grantee before the termination date to the extent those obligations cannot be
canceled. If, however, SANDAG determines that Grantee has willfully misused SGIP funding by
failing to make adequate progress, or failing to comply with the terms of the Agreement,
SANDAG reserves the right to require Grantee to refund to SANDAG the entire amount of
SGIP funding provided for the Project or any lesser amount as SANDAG may determine.
E. Expiration of any Project time period established in the Project Schedule will not, by itself,
automatically constitute an expiration or termination of the Agreement for the Project;
however, Grantee must request and SANDAG may agree to amend the Agreement in writing
if the Project Schedule will not be met. An amendment to the Project Schedule may be made
at the discretion of SANDAG if Grantee's request is consistent with the provisions of Board
Policy No. 035.
XII. CIVIL RIGHTS
Grantee agrees to comply with all applicable Civil Rights laws, regulations and policies and shall
include the provisions of this Section XII in each subagreement, lease, third party contract or other
legally binding document to perform work funded by this Agreement. Applicable Civil Rights laws,
regulations and policies include, but are not limited to, the following:
A. Nondiscrimination. SANDAG implements its programs without regard to income level,
disability, race, color, and national origin in compliance with the Americans with Disabilities
Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds,
notify the public of their rights under these laws, and utilize a process for addressing
complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a
complaint available to members of the public and will keep a log of all such complaints.
Grantee must notify SANDAG immediately if a complaint is lodged that relates to the Project
or program funded by this grant.
B. Equal Employment Opportunity. During the performance of this Agreement, Grantee and
all of its subcontractors, if any, shall not unlawfully discriminate, harass, or allow harassment,
against any employee or applicant for employment because of sex, race, color, ancestry,
religious creed, national origin, disability (including HIV and AIDS), mental disability, medical
condition (cancer), age (over 40), marital status, denial of family and medical care leave,
denial of pregnancy disability leave, veteran status, or sexual orientation. Grantee and its
subcontractors shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. Grantee and its
subcontractors shall comply with the provisions of the Fair Employment and Housing Act
(California Government Code Section 12900, et seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing
California Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2
of the California Code of Regulations, are incorporated into this Agreement by this reference
13
and are made a part hereof as if set forth in full. Grantee and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with which they
have a collective bargaining or other agreement.
XIII. OWNERSHIP OF WORK PRODUCT
SANDAG shall own any deliverables created in whole or in part for the benefit of SANDAG pursuant
to the Scope of Work for the Project. The term "deliverables" includes, but is not limited to, all
original drawings, reports, photos, and other documents, including detailed calculations and other
work product developed for the Project or services performed on the Project.
XIV. DISPUTES AND VENUE
A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the
State of California.
B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the
performance of this Agreement, Grantee shall continue to perform unless SANDAG informs
Grantee in writing to cease performance. The dispute resolution process for disputes arising
under this Agreement shall be as follows:
1.
Grantee shall submit a statement of the grounds for the dispute, including all pertinent
dates, names of persons involved, and supporting documentation, to the SANDAG
Project Manager. The Project Manager and other appropriate SANDAG staff will review
the documentation in a timely manner and reply to Grantee within 20 calendar days.
Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for
reconsideration to the SANDAG Executive Director. The request for reconsideration must
be received within ten calendar days from the postmark date of the SANDAG reply. The
Executive Director will respond to the request for reconsideration within ten working
days. The decision of the Executive Director will be in writing.
2. If Grantee is dissatisfied with the results following exhaustion of the above dispute
resolution procedures, Grantee shall make a written request to SANDAG for appeal to
the SANDAG Regional Planning Committee. SANDAG shall respond to a request for
mediation within 30 calendar days. The decision of the Regional Planning Committee
shall be final.
C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of San Diego, State of
California. In the event of any such litigation between the parties, the prevailing party shall be
entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation
and collection expenses, witness fees, and court costs as determined by the court.
XV.
ASSIGNMENT
Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or
any rights under or interest in this Agreement.
14
XVI. INSURANCE
Grantee shall procure and maintain during the period of performance of this Agreement, and for
12 months following completion, policies of insurance from insurance companies authorized to do
business in the State of California or the equivalent types and amounts of self-insurance, as follows:
A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000
general aggregate for personal and bodily injury, including death, and broad form property
damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery
Against Others Endorsement." The policy must name SANDAG as an additional insured in the
endorsement. A deductible or retention may be utilized, subject to approval by SANDAG.
B. Automobile Liability. For personal and bodily injury, including death, and property damage
in an amount not less than $1,000,000.
C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of
the State of California. The policy must include an acceptable "Waiver of Right to Recover
From Others Endorsement" naming SANDAG as an additional insured.
D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates
(original copies) that it has the foregoing insurance. The insurance shall be provided by an
acceptable insurance provider, as determined by SANDAG, which satisfies the following
minimum requirements:
1. An insurance carrier qualified to do business in California and maintaining an agent for
service of process within the state. Such insurance carrier shall maintain a current
A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to
$24 million (Class V) or better," or
2. A Lloyds of London program provided by syndicates of Lloyds of London and other
London insurance carriers, providing all participants are qualified to do business in
California and the policy provides for an agent for service of process in California.
E. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance
as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss
under Grantee's insurance. Insurance policies shall not be canceled without first giving
30 days advance written notice to SANDAG. For purposes of this notice requirement, any
material change in the policy prior to its expiration shall be considered a cancellation.
XVII. INDEMNIFICATION AND HOLD HARMLESS
A. Generally. With regard to any claim, protest, or litigation arising from or related to Grantee's
performance in connection with or incidental to the Project or this Agreement, Grantee agrees
to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and
employees harmless from and against any and all claims, including, but not limited to prevailing
wage claims against the Project, asserted or established liability for damages or injuries to any
person or property, including injury to Grantee's or its subgrantees' employees, agents, or
officers, which arise from or are connected with or are caused or claimed to be caused by the
negligent, reckless, or willful acts or omissions of Grantee and its subgrantees and their agents,
officers, or employees, in performing the work or services herein, and all expenses of
investigating and defending against same, including attorney fees and costs; provided,
15
however, that Grantee's duty to indemnify and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful misconduct of SANDAG, its Board
of Directors, agents, officers, or employees.
B. Intellectual Property. Upon request by SANDAG, Grantee agrees to indemnify, save, and hold
harmless SANDAG and its Board of Directors, officers, agents, and employees acting within the
scope of their official duties against any liability, including costs and expenses, resulting from
any willful or intentional violation by Grantee of proprietary rights, copyrights, or right of
privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of
any data furnished under the Project. Grantee shall not be required to indemnify SANDAG for
any such liability caused solely by the wrongful acts of SANDAG employees or agents.
XVIII. INDEPENDENT CONTRACTOR
A. Status of Grantee. Grantee shall perform the services provided for within this Agreement as
an independent contractor, and not as an employee of SANDAG. Grantee shall be under the
control of SANDAG as to the result to be accomplished and not the means, and shall consult
with SANDAG as provided for in the Scope of Work. The payments made to Grantee pursuant
to this Agreement shall be the full and complete compensation to which Grantee is entitled.
SANDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG
shall not be required to pay any workers' compensation insurance on behalf of Grantee.
Grantee agrees to indemnify SANDAG for any tax, retirement contribution, social security,
overtime payment, or workers' compensation payment which SANDAG may be required to
make on behalf of Grantee or any employee of Grantee for work done under this Agreement.
B. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall
have no authority, express or implied, to act on behalf of SANDAG in any capacity
whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to
bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless
expressly provided for in this Agreement.
XIX. SEVERABILITY AND INTEGRATION
If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not
be affected if that remainder would continue to conform to the requirements of applicable laws or
regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to
those matters contained in it. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered hereunder. This Agreement may not be modified or altered
except in writing, signed by SANDAG and Grantee.
XX. PROJECT MANAGER
Grantee has assigned Kuna Muthusamy as the Project Manager for the Project. Project Manager
continuity and experience is deemed essential in Grantee's ability to carry out the Project in
accordance with the terms of this Agreement. Grantee shall not change the Project Manager
without first providing written notice to SANDAG.
16
XXI. NOTICE
Any notice or instrument required to be given or delivered by this Agreement may be given or
delivered by depositing the same in any United States Post Office, registered or certified, postage
prepaid, addressed to:
SANDAG: San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Attn: Susan Baldwin/Tracy Wills
Grantee: City of National City
1243 National City Boulevard
National City, CA 91950
Attn: Kuna Muthusamy
Notice shall be effective upon receipt thereof.
XXII. SIGNATURES
The individuals executing this Agreement represent and warrant that they have the legal capacity
and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written
above.
SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF NATIONAL CITY
GARY L. GALLEGOS
Executive Director
LESLIE DEESE
City Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:
Office of General Counsel - UDIA G. SI
City Attor ey
Attachments:
® Scope of Work, Project Schedule, and Approved Project Budget (Attachment A)
Board Policy No. 035 (Attachment B)
® Project Implementation and Oversight Requirements (Attachment C)
® Quarterly Report and Invoice Forms (Attachment D)
® Recipient Resolution (Attachment E)
o
17
ATTACHMENT A
SCOPE OF WORK, PROJECT SCHEDULE, AND APPROVED PROJECT BUDGET
PROGRAM:
ISMART GROWTH INCE-NINE PROGRAM
PART I: PROJECT OVERVIEW
PROJECT MEV
!Downtown Specific Plan Update
PLANNING/NON-CAPITAL PROJECTS: SCOPE OF WOW, SCHEDULE, AND BUDGET
PROJECT LIMITS•
The Speen, Man •rea WK./Masses DowntOwn NallonalCtty. Ti.. Downtown area is boanded by Division Street, National City Boulevard, 7th Street, D Avenue. Plaza Boulevard, Kimball
Park. and Interstate S. Ti.. Specific Plan wee Is within Smart Growth Area NC-1 and Is visible from the eland/MO roadway of Interstate 5.
PROJECT SUMMARY:
The Downtown Specific Pion Update will provide an overall update to the original plan adopted in 2005. Me Man Oil incorporate new elements related to Smart Growth. specifically
Transportation Demand Management (TOM) and parking polMes. These elements are crucia to the success of the onmunity BE incremed redevelopment opportunities Increase
transportation •M parkim Mrnands Downtown. Overall, the Specific Plan Update will revise land use zones, urban design smnd•rds •nd recommend IMure Implementation
orogram/pro erts in a manner that will provide direction for development that will create nique sense of place in National City's vibrant Downtown core
PART if SLOPE OF WORK _5..C.HFOULE AND BUDGET
Mo ose task deliverables a Urn fr
I
Project Oversight GOurreach
/ — ..a„ --a
NTP
........
lit
... ..,.,,,,.w....v.v
.,
la
..... .
1.1
Project Nick•Off
Final Scope of Work
Notice to Proceed
ii4TP)
3
3
5
5,000.00
1.2
Coordination and Meeting's
Regularly coordinate and
communicate with Cny staff
throughout all phases of the
PrMect: Conduct at Mart six 161
project coordination meetings
0
18
18
$
10,1100.00
1.3
Community Outreach a. Public
Participation Program
Community outreach work plan
and schedule memorandum; At
least three (3) communny
oMreacM1 activities all
community outreach materials
and handouts
3
TO
OS
S
50,000.00
2
Review Existing Con/Mont
WIN
3
8
5
2 1
Base Information/Map Collection and
iteeiesk
BaL6 map for the project area;
existing plans; projects and
studies memorandum
3
d
1
5
20,000 .
2 2
Review Existing LeM Use and Urban Form
Analyses Summary MemoraMa
'
including land use
6
3
5
2.500.00
2.3
Mview Existing Circulation and
Transporation
Analyses Summary Memoranda,
includi, cheulation and
transportation
3
T
3
5
2,500.00
2.4
Review Ewitting Infrastructure and Utilities
Anahrtes Summary Memoranda,.
including infrastructure and
utilities
3 MI
6
3
S
_
iv 2,500.00
2.5
nevow Existing Parking Conditions
Analyses Summary Memoranda,
including parka, infrastructure
3
6
3
5
4.000 00
2.6
Review Market Conditions
Analyses Summary MernoraMa.
including market airtiVsli
s
6
3
5
20.000.00
3
Prepare Draft Plan L Technical Studies
6
12
6
3.1
Develop AlternativeS
Up to three (3) conceptual
alternative plans
6
8
2
$
15,000.00
3 2
Prepare Preferred Land Use Plan and
Buildout Calculations
One (1) draft and final buildout
land use table and associated
Land Use Plan
2
.
3
5
13,500.00
3.3
Develop AdmiMstratIve Draft Specific Plan
five (5/ hard cop. end one II)
7:::;',Lf .ci,,
Nan . . - •
9
12
3
5
10,000.00
3.4
City Council and Planning Commission Joint
Study Session - Draft Specific Plan
PosserPoint presentation and
other study session materials
'
3.000 00
Si
. .
•
- ' .
.
.„.s.,.. s„,,,,,,,on„..sts, 60cornem.,,,.°
All required copies., the Norte
of Preparation, Initial Studies,
Adm.strative Draft 6IR, and
Tecimiml Appendices,
Administrative final Draft EIR
and Techniml Appendices, Final
MR and Technical Appendices.
Response to Comments, Draft
Findings end Stmenvina of
Overriding Decisions. and Notice
of Determination in accordance
with CECIA ...Ines
s
12
6
S
200,000.00
a
Prepwe final Plan
12
18
6
4 1
, •
Prepare Pubfic Review Draft Specific Plan
Fifteen (15) bound hard copies.
one 15.) reproductible master
copy, and one 11) electron!,
POF copy of.the Public Review
Draft Specific POn
12 '
13
1
5
10,000.00
0.2
Pl.a.ri,noin./: Commission and City Council Public
,,A,rienciance of az least one. (1)
snd ., e,ss, on. (,)
Council public Tearing;
PowerPoint present•tbn
12
15
A
0
5.000 00
4 3
.
Prmare Final Specific Plan ' •
fifteen (15) hoond flardeopiCs
one 11)veproductible master
copy, and Cine.I1)electroM,
PDF copy of the Final Specific
Plan
15
W I
.
3
$
5,000.00
TOTAL
M2
00..
PART III: FUNDING_ICHGRCES
TOTAL PROJECT COST:
TOTAL GRANT AMOUNT REQUESTED PROM SANORG:
TOTAL MATCH AMOUNT THAT W. BE CONTRIBUTED:
SANDAG 18. CONTRIBUTION:
MATCH IN CONTRIRUTION:
TransNet MPO ID NO.NC24
370,000.00
320,000.00
50,000.00
0.86413641165
0.1351351E5
18
ATTACHMENT B
BOARD POLICY NO. 035
SAN
COMPETITIVE GRANT PROGRAM PROCEDURES
Applicability and Purpose of Policy
BOARD POLICY NO. 0 3 5
This Policy applies to all grant programs administered through SANDAG, whether from TransNet or
another source, including but not limited to the Smart Growth Incentive Program, Environmental
Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Federal Transit
Administration grant programs, and Active Transportation Grant Program.
Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or
contract documents that conflict with the requirements in this Policy. There are never enough
government grant funds to pay for all of the projects worthy of funding in the San Diego region.
For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability
to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees
accountable to the project schedules they have proposed in order to ensure fairness in the
competitive process and encourage grantees to get their projects implemented quickly so that the
public can benefit from the project deliverables as soon as possible.
Procedures
1. Project Milestone and Completion Deadlines
1.1. When signing a grant agreement for a competitive program funded and/or
administered by SANDAG, grant recipients must agree to the project delivery objectives and
schedules in the agreement. In addition, a grantee's proposal must contain a schedule that
falls within the following deadlines. Failure to meet the deadlines below may result in
revocation of all grant funds not already expended. The final invoice for capital, planning,
or operations grants must be submitted prior to the applicable deadline.
1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the
project must be completed according to the schedule provided in the grant
agreement, but at the latest, any necessary construction contract must be awarded
within two years following execution of the grant agreement, and construction
must be completed within eighteen months following award of the construction
contract. Completion of construction for purposes of this policy shall be when the
prime construction contractor is relieved from its maintenance responsibilities. If no
construction contract award is necessary, the construction project must be complete
within eighteen months following execution of the grant agreement.
1.1.2. Funding for Planning Grants. If the grant will fund planning, the project
must be completed according to the schedule provided in the grant agreement, but
19
at the latest, any necessary consultant contract must be awarded within one year
following execution of the grant agreement, and the planning project must be
complete within two years following award of the consultant contract. Completion
of planning for purposes of this policy shall be when grantee approves the final
planning project deliverable. If no consultant contract award is necessary, the
planning project must be complete within two years of execution of the grant
agreement.
1.1.3 Funding for Operations Grants. If the grant will fund operations, the project
must be completed according to the schedule provided in the grant agreement, but
at the latest, any necessary services contract for operations must be awarded within
one year following execution of the grant agreement, and the operations must
commence within six months following award of the operations contract. If no
services contract for operations is necessary, the operations project must commence
within one year of execution of the grant agreement.
1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment
or vehicles, the project must be completed according to the schedule provided in the
grant agreement, but at the latest, any necessary purchase contracts for equipment
or vehicles must be awarded within one year following execution of the grant
agreement, and use of the equipment or vehicles for the benefit of the public must
commence within six months following award of the purchase contract.
2. Project Milestone and Completion Deadline Extensions
2.1. Schedules within grant agreements may include project scopes and schedules that
will identify interim milestones in addition to those described in Section 1 of this Policy.
Grant recipients may receive extensions on their project schedules of up to six months for
good cause. Extensions of up to six months aggregate that would not cause the project to
miss a completion deadline in Section 1 may be approved by the SANDAG Executive
Director. Extensions beyond six months aggregate or that would cause the project to miss a
completion deadline in Section 1 must be approved by the Policy Advisory Committee that
has been delegated the necessary authority by the Board. For an extension to be granted
under this Section 2, the following conditions must be met:
2.1.1. For extension requests of up to six months, the grantee must request the
extension in writing to the SANDAG Program Manager at least two weeks prior to
the earliest project schedule milestone deadline for which an extension is being
requested. The Executive Director or designee will determine whether the extension
should be granted. The Executive Director's action will be reported out to the Board
in following month's report of delegated actions.
2.1.2. A grantee seeking an extension must document previous efforts undertaken
to maintain the project schedule, explain the reasons for the delay, explain why the
delay is unavoidable, and demonstrate an ability to succeed in the extended time
frame the grantee proposes.
2.1.3. If the Executive Director denies an extension request under this Section 2,
the grantee may appeal within ten business days of receiving the Executive
20
Director's response to the responsible Policy Advisory Committee by sending the
appeal to the SANDAG Program Manager.
2.1.4. Extension requests that are rejected by the Policy Advisory Committee will
result in termination of the grant agreement and obligation by the grantee to
return to SANDAG any unexpended funds within 30 days. Unexpended funds are
funds for project costs not incurred prior to rejection of the extension request by the
Policy Advisory Committee.
3. Project Delays and Extensions in Excess of Six Months
3.1. Requests for extensions in excess of six months, or that will cause a project to miss a
completion deadline in Section 1 (including those projects that were already granted
extensions by the Executive Director and are again falling behind schedule), will be
considered by the Policy Advisory Committee upon request to the SANDAG Program
Manager.
3.2 A grantee seeking an extension must document previous efforts undertaken to
maintain the project schedule, explain the reasons for the delay, explain why the delay is
unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee
proposes. The grantee must provide the necessary information to SANDAG staff to place in
a report to the Policy Advisory Committee. If sufficient time is available, and the grant
utilized TransNet funds, the request will first be taken to the Independent Taxpayer
Advisory Committee (ITOC) for a recommendation. The grantee should make a
representative available at the meeting to present the information to, and/or answer
questions from, the ITOC and Policy Advisory Committee.
3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for
extenuating circumstances that the grantee could not have reasonably foreseen.
4. Resolution and Execution of the Grant Agreement
4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed
grants, prospective grantees must submit a resolution from their authorized governing body
that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets
the requirements in this Subsection 4.1 will result in rejection of the application and the
application will be dropped from consideration with funding going to the next project as
scored by the evaluation committee. In order to assist grantees in meeting this resolution
deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant
application submission.
4.1.1 Grantee governing body commits to providing the amount of matching
funds set forth in the grant application.
4.1.2 Grantee governing body authorizes staff to accept the grant funding and
execute a grant agreement if an award is made by SANDAG.
4.2 Grantee's authorized representative must execute the grant agreement within 45
days from the date SANDAG presents the grant agreement to the prospective grantee for
21
execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation
of the grant award.
5. Increased Availability of Funding Under this Policy
5.1. Grant funds made available as a result of the procedures in this Policy may be
awarded to the next project on the recommended project priority list from the most recent
project selection process, or may be added to the funds available for the next project
funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that
loses funding due to failure to meet the deadlines specified in this Policy may be
resubmitted to compete for funding in a future call for grant applications.
Adopted: January 2010
Amended: November 2014
22
ATTACHMENT C
PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS
Capital Grants
1. Contact Information: Grantee must provide SANDAG with contact information for the project
manager. Grantee must provide SANDAG with updated contact information in a timely manner if
there are any changes to staff assigned.
2. Baseline Data Collection: Prior to the construction of grant -funded improvements, the
Grantee is responsible for developing a baseline data collection plan with SANDAG to gather
information on pedestrian and bicyclist activity. At a minimum, data should be collected for
observed bicycle and pedestrian volumes, behavior, and attitudes in the project area. Once the data
collection plan is approved by SANDAG staff, the Grantee is responsible for carrying out the plan
and returning collected data to SANDAG as a deliverable. Standardized forms required for data
collection will be provided by SANDAG.
Grantees are encouraged to use the National Bicycle and Pedestrian Documentation Project
methodology and plan for the following:
• Conduct counts prior to project construction, during National Documentation Days in the
second week of September. Supplementary counts and surveys can be conducted during
January, May, and July to provide seasonal data, if desired.
• Conduct counts for two hours, at peak times relative to the facility. For example, facilities
attracting utilitarian trips should be counted on a Tuesday, Wednesday, or Thursday from
5 to 7 p.m., whereas facilities attracting recreational trips should be counted on a Saturday,
from 9 to 11 a.m.
In the case that the above timeframes are deemed infeasible due to the project schedule, the
Grantee and SANDAG will collaborate on an alternative data collection methodology and
procedure.
A subset of Grantees may be selected for in-depth evaluation by SANDAG, in which case, SANDAG
will conduct the data collection effort with required participation from Grantee staff. Such in-depth
evaluation conducted by SANDAG will take place solely for the purpose of SANDAG
Active Transportation data collection and monitoring efforts, and will not impact Grantees'
budgets.
Grantees should plan to budget $5,000 for data collection. For questions or assistance with data
collection, contact Christine Eary at christine.eary@sandag.org, or (619) 699-6928.
3. Design Development and Community Meetings: Grantee must provide SANDAG with
advance notice (preferably within two weeks) and agendas of all design development and
community meetings, and a meeting summary following the meeting. SANDAG staff may attend
any meetings as appropriate.
4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to
SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG
23
staff may meet with the Grantee to comment on submitted plans and assure substantial
conformance. SANDAG may comment on submitted plans regarding:
• Whether they are consistent with the Project proposed in the original grant application, and
• Consistency with accepted pedestrian/bicycle facility and smart growth design standards.
5. Quarterly Reports and Invoices: Grantee must submit quarterly reports and invoices to
SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending
issues and actions toward resolution, and status of budget and schedule. Furthermore, the Grantee
agrees to provide project milestone information (such as presentations to community groups, other
agencies, and elected officials, ground-breakings, and ribbon -cuttings) to support media and
communications efforts.
6. Media and Community Outreach Coordination: Press materials shall be provided to SANDAG
staff before they are distributed. SANDAG logo(s) should be included in press materials and other
project collateral. Furthermore, the grantee agrees to provide project milestone information to
support media and communications efforts.
7. Photo Documentation: Grantees are responsible for the following photo documentation:
• Before and after photos, which should be taken from similar angles to showcase how a
particular area has been transformed over time.
• Project milestone photos (such as ground-breakings and ribbon -cuttings).
• Photos taken throughout construction phases and throughout the length of the project.
Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per
inch) and contain captions with project descriptions, dates, locations, and the names of those
featured, if appropriate.
8. Project 5ignage: Each project or program in excess of $250,000 funded in whole or in part by
revenues from the TransNet Extension Ordinance shall be clearly designated during its construction
or implementation as being provided by such revenues. SANDAG will provide sign specifications.
Grantee agrees to follow sign specifications and submit proof files to SANDAG for approval before
printing.
9. Performance Monitoring: SANDAG staff may measure performance of the constructed capital
improvements against stated project objectives, and evaluate the overall grant program. Grantee is
expected to meet with SANDAG staff to identify relevant performance measures and data sources,
and provide available data and feedback regarding the program as appropriate.
Planning and Non -Capital Grants
1. Contact Information. Grantee must provide SANDAG with contact information for the project
manager. Grantee must provide SANDAG with updated contact information in a timely manner if
there are any changes to staff assigned.
24
2. Request for Proposals and Consultant Selection. Upon request by SANDAG, Grantee must
submit consultant draft Request for Proposals to SANDAG staff for review and comment for
consistency with the agreed upon Scope of Work with SANDAG (Attachment A).
3. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing
accomplishments in the quarter, anticipated progress next quarter, pending issues and actions
toward resolution, and status of budget and schedule.
4. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice
(preferably within two weeks) and agendas of all stakeholder and community meetings, and a
meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate.
5. Media and Community Outreach Coordination. Press materials shall be provided to SANDAG
staff before they are distributed. SANDAG logo(s) should be included in press materials and other
project collateral. Furthermore, the Grantee agrees to provide project milestone information to
support media and communications efforts.
6. Photo Documentation. Grantees are responsible for the following photo documentation:
• Existing conditions photos, which should illustrate the current conditions of the project site
and demonstrate the need for improved facilities
• Project milestone photos (such as workshops, presentations to community groups, other
agencies, and elected officials)
Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per
inch) and contain captions with project descriptions, dates, locations, and the names of those
featured, if appropriate.
25
ATTACHMENT D
QUARTERLY REPORT AND INVOICE FORMS
TransNet SMART GROWTH INCENTIVE PROGRAM AND
TransNet/TDA ACTIVE TRANSPORTATION GRANT PROGRAM
QUARTERLY REPORT
•
Report Submittal Date: [Insert]
Reporting Period: [Insert - Example: FY 2014, Quarter 1]
•
PART 1: DESCRIPTION OF ACTIVITY FOR REPORTING PERIOD
1. Work Accomplished This Reporting Period
[INSTRUCTIONS: Replace this text with a detailed description of work completed and
underway during the reporting period. In a bullet format, reference specific tasks.]
Example:
• Task 1 - Award Consultant Contract: Issued Request for Proposal and convened a
selection panel of five members from the City, Metropolitan Transit System, North
County Transit District, and SANDAG to shortlist three of nine firms. The panel
interviewed the 3 firms and selected XYZ Group for this project. The City Council
approved the consultant contract with XYZ Group on January 1, 2014. City staff held
a kick-off meeting on January 10, 2014.
• Task 2 - Public Outreach: City staff and XYZ Group began organizing the first
workshop for this project. The anticipated date of the first workshop will be in the
February/March 2014 timeframe.
• Task 3 - Etc.
• Task 4 - Etc.
2. Deliverables Produced This Reporting Period
[INSTRUCTIONS: Summarize the deliverables produced during this period and indicate the
date submitted to SANDAG. Deliverables can be submitted as an attachment to this report.
See Item 5 for more details.]
Example:
• Final RFP - Submitted in December 2014.
• Approved Consultant Contract and Kick -Off Meeting Notes - Submitted with this
report. Please see accompanying list of attachments.
26
3. Is there an accompanying invoice for this period?
[INSTRUCTIONS: Indicate YES or NO.]
4. Work Anticipated for the Next Reporting Period
[INSTRUCTIONS: Replace this text with a brief description of work anticipated for the next
reporting period. Also note any upcoming meetings or workshops.]
5. List of Attachments
•
[INSTRUCTIONS: List any deliverables or invoice documents attached to this report.
Attachments over 6MB should be sent via WeTransfer.]
WeTransfer Link: https://sandag.wetransfer.com/
Example:
• Attachment 1: Consultant Contract
• Attachment 2: Kick -Off Meeting Notes
• Attachment 3: Invoice Spreadsheet
• Attachment 4: Invoice Documentation
PART 2: SCHEDULE AND TASK STATUS
Task
Scheduled
Start Date
(Per Grant
Scope of
Work)
Scheduled
Completion
Date
(Per Grant
Scope of
Work)
Status
Timing
Anticipated
Start Date
(If
Different
from Grant
Scope of
Work)
Anticipated
Completion
(If
Different
from Grant
Scope of
Work)
NTP Date
Task 1
[mm/dd/yy]
[mm/dd/yy]
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[mm/dd/yy]
[mm/dd/yy]
Task 2:
Policy No.
035
Milestone
[mm/dd/yy]
[mm/dd/yy]
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[mm/dd/yy]
[mm/dd/yy]
Task 3:
Policy No.
035
Milestone
[mm/dd/yy]
[mm/dd/yy]
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[mm/dd/yy]
[mm/dd/yy]
27
.
PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS
Challenges and Actions Toward Resolution (If applicable)
[INSTRUCTIONS: If you are experiencing challenges in completing project tasks, please provide
information about the delay and actions taken to resolve issues. If an amendment is needed,
provide justification and check the appropriate box below.]
❑ No amendment requested at this time
❑ Amendment requested to*:
❑ Project Schedule
❑ Project Budget
❑ Scope of Work
*Failure to check a box in the above section assumes there is no action requested. Amendment requests are
subject to SANDAG's approval. It is the Grantee's responsibility to ensure compliance with SANDAG Board
Policy No. 035: Competitive Grant Program Procedures and grant agreement terms and conditions.
•
PART 4: PROJECT STATUS REPORT SIGNATURE
Prepared by Date:
Project Manager
•
28
INVOICE INSTRUCTIONS
Step 1: Complete the Quarterly Progress Report.
Reimbursements cannot be made without a completed Quarterly Progress Report.
Step 2: Gather Documentation for Staff Costs, Consultant/Contractor Costs, and Other Costs.
Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant.
Staff Costs should be supported by certified payroll documentation
Consultant costs should be supported by the consultant invoice AND a proof of payment. The proof of payment can be either a copy of the check provided to the
consultant or printout from the project's financial accounting system showing that funds were disbursed.
Contractor costs should be supported by the contractor invoice, schedule of values, AND a proof of payment. The proof of payment can be either a copy of the check
provided to the contractor or a printout from the project's financial accounting system showing that funds were disbursed.
Other costs should be supported by either an invoice from the vendor or a receipt AND must be accompanied by a proof of payment. The proof of payment can be either a
copy of the check provided to the vendor or a printout from the project's financial accounting system showing that funds were disbursed.
Clearly identify (i.e., highlight or circle) all grant -related expenses on documents that include non -related costs.
Step 3: Complete the Expense Summary.
Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurred during the reporting period.
Confirm that you haw the adequate documentation.
Break down each cost by task. This will help with the next step to complete the invoice statement.
Double check and make sure all sub -totals have been calculated correctly.
Step 4: Complete the Invoice Statement.
Enter the costs for each task (calculated in Step 3) into the appropriate cells of the Invoice Statement. The SANDAG contribution, match contribution, and retention
amounts should automatically calculate.
Enter previous costs by task into the appropriate cells of the spreadsheet. The remaining grant balance should automatically calculate.
Step 5: Submit Quarterly Progress Report, Invoice, and Supporting Documentation to SANDAG at:
sq atg rantsOsandan.orq
Sign and scan the completed Quarterly Progress Report. Submit it in PDF form.
Sign and scan the invoice statement. Submit it in PDF form.
Submit supporting documentation in PDF form.
Submit the completed Excel workbook.
Files in excess of 6MB should be submitted via:
https://sandag.wetransfer.com
29
Personnel
Staff Person A
Staff Person B
Staff Person C
[INSERT ADDITONAL LINES AS NEEDED]
Consultant/Contractor
Consultant XYZ
Consultant XYZ
Consultant XYZ
Outreach Organization ABC
[INSERT ADDITONAL LINES AS NEEDED]
Vendor
Vendor A
Vendor B
Vendor C
[INSERT ADDITONAL LINES AS NEEDED]
Time Period Hours Hourly Rate
mm/dd/yy to mm/dd/yy 10 $
mm/dd/yy to mm/dd/yy 10 $
mm/dd/yy to mm/dd/yy 10 $
Invoice No.
Invoice No.
Invoice Date Description of Costs
1 1/1/2014 Professional services for the $ 10,000.00 YES/NO
month of January 2014
2 2/1/2014 Professional services for the $ 10,000.00 YES/NO
month of February 2014
3 3/1/2014 Professional services for the $ 10,000.00 YES/NO
month of March 2014
1 3/1/2014 Outreach from January 2014 to $ 10,000.00 YES/NO
March 2014
Amount Documentation Attached?
100.00 $ 1,000.00 YES/NO
100.00 $ 1,000.00 YES/NO
100.00 $ 1,000.00 YES/NO
Amount Documentation Attached?
Invoice Date Description of Costs Amount Documentation Attached?
1 1/1/2014 Printing costs for January 2014 $ 100.00 YES/NO
1 2/1/2014 News Announcement for $ 100.00 YES/NO
February 2014 Workshop
1 2/28/2014 Snacks for February 2014 $ 100.00 YES/NO
Workshop
10
To.
From:
TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE
SUCHI MUKHERJEE
SANDAG
401 B Street, Suite 800
San Diego, CA 92101-4231
Name
Address
Project Name: [PROJECT NAME]
Contract Number: 600XXX
Grant Invoice Number: #
Billing Period: FROM
Invoice Date: DATE
Grant Award: ' $0.00
Balance Remaining $0.00
TO
TASK
Previous Balance
Current MM/DD/YYYY to MMtDD/YYYY
Total Expenses SANDAG Total 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
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
2
Existing Conditions Report
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
3
Public Outreach
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
4
Draft Plan
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
5
Final Plan
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total Current Expenditures: $0.00
Total Amount Due this Invoice: $0.00
Less 10% Retention: $0.00
Match % Met to Date:' #DIV/0!
Total Pro]ee Budget
(Grant + Match)
Task 1
$0.00
Task 2
$0.00
Task 3
$0.00
Task 4
$0.00
Task 5
$0.00
TOTAL
$0.00
SANDAG Grant:
$0.00
Match:
$0.00
SANDAG
Contribution %
#DIV/0!
Required Match %
r #DIV/0!
31
CERTIFICATION OF GRANTEE
I hereby certify that the above costs were incurred in performance of the work required under the grant and are consistent with the amounts evidenced by attached supporting documents and
expenditures.
Signature
Printed Name and Title Date
32
ATTACHEMENT E
RECIPIENT RESOLUTION
RESOLUTION NO. 2015 - 29
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE FILING OF AN APPLICATION FOR
SMART GROWTH INCENTIVE GRANT PROGRAM FUNDS
THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
FOR THE DOWNTOWN SPECIFIC PLAN UPDATE PROJECT,
ACCEPTING THE TERMS OF THE GRANT AGREEMENT
WHEREAS, $12 Million ($12,000,000) of TransNet funding for capital and
planning Smart Growth Incentive Program projects is available to local jurisdictions and the
County of San Diego from Fiscal Years 2014-2016; and
WHEREAS, the City of National City wishes to receive $320,000 in Smart Growth
Incentive Program funds for the Downtown Specific Plan Update Project ('Project'); and
WHEREAS, the City of National City understands that the Smart Growth
Incentive Program funding is fixed at the programmed amount, and therefore Project cost
increases that exceed the grant awarded will be the sole responsibility of the City; and
WHEREAS, the City of National City agrees to complete the proposed Project
within a timely matter and in compliance with SANDAG Board Policy No. 035.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes staff to submit an application to SANDAG for the TransNet
Smart Growth Incentive Program funding in the amount of $320,000 for the Downtown Specific
Plan Update Project.
BE IT FURTHER RESOLVED that, If a grant award is made by SANDAG to fund
the Downtown Specific Plan Update Project, then the City of National City commits to providing
$50,000, authorizes staff to accept the grant funds, authorizes the Mayor to execute the grant
agreement on substantially similar terms as attached, and complete the Project
BE IT FURTHER RESOLVED that City of National City agrees to indemnify, hold
harmless, and defend SANDAG, the San Diego County Regional Transportation Commission,
and all officers arid employees thereof against all causes of action or claims related to City of
National City's TransNet funded projects.
PASSED and ADOPTED this 17'h day of Mar 15.
Ill
Ron Morrison,Mayor
ATTEST:
Milsel R. Dalla, ity Clerk
RESOLUTION NO. 2015 — 172
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ACCEPTING A TRANSNET SMART GROWTH INCENTIVE GRANT
PROGRAM GRANT AWARD IN THE AMOUNT OF $320,000 THROUGH
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE
DOWNTOWN SPECIFIC PLAN UPDATE, AUTHORIZING THE
CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, AND
AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS
AND A CORRESPONDING REVENUE BUDGET IN
THE AMOUNT OF $320,000 FOR THE GRANT FUNDS
WHEREAS, the Downtown Specific Plan Update will provide an overall update to
the original plan adopted in 2005, and will consider land use, density, urban design, smart
growth, and parking management strategies to better accommodate market demand and
incentivize redevelopment of the City's urban core; and
WHEREAS, on March 17, 2015, the City Council adopted Resolution 2015-29
authorizing the filing of an application for $320,000 in TransNet Smart Growth Incentive Grant
Program ("SGIP") funds for the Downtown Specific Plan Update, committing to a grant match of
$50,000, and accepting the terms of the grant agreement; and
WHEREAS, on July 24, 2015, the City received notification that the project was
approved for full funding by the San Diego Association of Governments ("SANDAG") Board of
Directors.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby accepts a TransNet Smart Growth Incentive Program grant award in the
amount of $320,000 through SANDAG for the Downtown Specific Plan Update.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager
to execute the Grant Agreement.
BE IT FURTHER RESOLVED that the City Council authorizes the establishment
of an appropriation and corresponding revenue budget in the amount of $320,000 for the grant
funds.
PASSED and ADOPTED this 17th day of November 015.
on Morrison, Mayor
ATTEST: PROVED :S TO FO
Mich el R. Dalla, Cit Clerk
"a_dia G.cit a Silva
City Attor 'ey
Passed and adopted by the Council of the City of National City, California, on
November 17, 2015 by the following vote, to -wit:
Ayes: Councilmembers Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: Councilmember Cano.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
'1
,t, 4
City CI k of the Ci y of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2015-172 of the City of National City, California, passed and
adopted by the Council of said City on November 17, 2015.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA C (o \s -6 3
COUNCIL AGENDA STATEMENT
MEETING DATE:
November 17, 201$
AGENDA ITEM NO.
16
rEM TITLE:
Resolution of the City Council of the City of National City, 1) accepting a TransNet Smart Growth Incentive
Grant Program (SGIP) grant award in the amount of $320,000 through the San Diego Association of
Governments (SANDAG) for the Downtown Specific Plan Update; 2) authorizing the City Manager to execute
the Grant Agreement; and 3) establishing corresponding appropriations for the SGIP grant (a grant match of
$50,000 is required).
PREPARED BY: Ray Roberson, Management Analyst II
PHONE: 336-4583
EXPLANATION:
Please see attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
SGIP Grant
296-06578-3463: $320,000
296-209-500-598-6578: $320,000
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
DEPARTMENT: Engineering/Public Works
APPROVED BY:
7
APPROVED:
APPROVED:
Grant Match
Funds available through prior City Council appropriations
001-409-000-650-9049: $50,000
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution accepting a TransNet SGIP grant award in the amount of $320,000 through SANDAG for
the Downtown Specific Plan Update and authorizing the City Manager to execute the Agreement.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Grant Agreement
3. Resolution
4tiso� v'\oo• 'dn5- \vl';
Explanation
The Downtown Specific Plan Update will provide an overall update to the original plan
adopted in 2005. The plan will consider land use, density, urban design, smart growth
and parking management strategies to better accommodate market demand and
incentivize redevelopment of the City's urban core.
On March 17, 2015, the City Council adopted Resolution 2015-29 where Council
approved the following actions: 1) authorize the filing of an application for $320,000 in
TransNet Smart Growth Incentive Grant Program (SGIP) funds for this project; 2)
commit to a grant match of $50,000; and 3) accept the terms of the grant agreement.
On July 24, 2015 the City received notification that the project was approved for full
funding by the SANDAG Board of Directors.
In order to begin work on the project and submit invoices for reimbursement of eligible
expenses, staff requests the following City Council actions: 1) accept a SGIP grant
award in the amount of $320,000 through SANDAG for the Downtown Specific Plan
Update; 2) authorize the City Manager to execute the Grant Agreement; and 3)
establish corresponding appropriations for the SGIP grant.
-1-
TransNet SMART GROWTH INCENTIVE GRANT PROGRAM
THIRD FUNDING CYCLE
GRANT AGREEMENT NO. 5004745 BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND
THE CITY OF NATIONAL CITY
REGARDING DOWNTOWN SPECIFIC PLAN UPDATE
THIS GRANT AGREEMENT NO. 5004745 (Agreement) is made this day of
2015, by and between the San Diego Association of Governments, 401 B Street, Suite 800, San Diego,
California 92101 (hereinafter referred to as "SANDAG"), and the City of National City, 1243 National
City Boulevard, National City, California 91950 (hereinafter referred to as "Grantee"). SANDAG and
Grantee also are hereinafter collectively referred to as "the Parties." This Agreement expires on
RECITALS
The following recitals are a substantive part of this Agreement:
A. The SANDAG Board of Directors allocates funds under the TransNet local sales tax program to
support local transportation -related infrastructure projects in the San Diego region through a
competitive process.
B. The TransNet Extension Ordinance contains provisions to fund the Smart Growth Incentive
Program (SGIP), which funding began on April 1, 2008. The SGIP encompasses projects that
better integrate transportation and land use and recognizes the comprehensive effort to
integrate smart growth place making, access to transit, and environmental justice.
C. In January 2010, the SANDAG Board of Directors approved Board Policy No. 035 — Competitive
Grant Program Procedures (Board Policy No. 035), which is included as Attachment B. This
Grant Award, Agreement and Grantee's performance thereunder are subject to Board Policy
No. 035, which includes multiple "use it or lose it" provisions.
D. On December 19, 2014, SANDAG issued a Call for Projects from local jurisdictions in San Diego
County wishing to apply for a portion of the TransNet SGIP funds for use on capital
improvement and planning projects meeting certain criteria.
E. On July 24, 2015, the SANDAG Board of Directors approved programming of approximately
$12 million in TransNet funds by Resolution Number 2016-02.
F. Grantee successfully applied for TransNet SGIP funding for the Downtown Specific Plan Update
(Project), as described in Grantee's grant application. The Scope of Work, Project Schedule, and
Approved Project Budget are included as Attachment A.
G. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide
Grantee with funding to implement the Project.
H. Although SANDAG will be providing financial assistance to Grantee to support the Project,
SANDAG will not take an active role or retain substantial control of the Project. Therefore, this
Agreement is characterized as a funding agreement rather than a cooperative agreement.
-2-
I. Grantee understands that TransNet funds derive from retail transactions and use tax revenues
which fluctuate. SANDAG funding commitment to SGIP Projects, including this Project, is subject
to these fluctuations, which may impact funding availability for this Project.
NOW, THEREFORE, it is agreed as follows:
I. DEFINITIONS
A. Application. The signed and dated grant application, including any amendment thereto, with
all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf
of Grantee and accepted or approved by SANDAG. All of Grantee's application materials, not in
conflict with this Agreement, are hereby incorporated into this Agreement as though fully set
forth herein.
B. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in
typewritten hard copy or electronically) of a SANDAG official authorized to permit Grantee to
take or omit an action required by this Agreement, which action may not be taken or omitted
without such written permission. Except to the extent that SANDAG determines otherwise in
writing, such approval, authorization, concurrence, or waiver permitting the performance or
omission of a specific action does not constitute permission to perform or omit other similar
actions. An oral permission or interpretation has no legal force or effect.
C. Approved Project Budget. The most recent statement of the costs of the Project, the
maximum amount of assistance from SANDAG for which Grantee is currently eligible, the
specific tasks (including specific contingencies) covered, and the estimated cost of each task,
that has been approved by SANDAG. The Approved Project Budget is included in Attachment A.
D. SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP.
E. Grantee. The local jurisdiction that is the recipient of SGIP funding under this Agreement.
F. Notice to Proceed means a written notice from SANDAG issued to Grantee authorizing
Grantee to proceed with all or a portion of the work described in the Scope of Work. Grantee
shall not proceed with the work and shall not be eligible to receive payment for work
performed prior to SANDAG issuance of a Notice to Proceed.
G. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds
flowing from this Agreement for the Project.
II. PROJECT IMPLEMENTATION
A. General. Grantee agrees to carry out the Project as follows:
1. Project Description. Grantee agrees to perform the work as described in the Scope of
Work included as Attachment A.
2. Effective Date. The effective date of this Agreement or any amendment hereto is the
date on which this Agreement or an amendment is fully executed. Grantee agrees to
undertake Project work promptly after receiving a Notice to Proceed from SANDAG.
3. Grantee's Capacity. Grantee agrees to maintain or acquire sufficient legal, financial,
technical, and managerial capacity to: (a) plan, manage, and complete the Project and
2
-3-
provide for the use of any Project property; (b) carry out the safety and security aspects
of the Project; and (c) comply with the terms of the Agreement and all applicable laws,
regulations, and policies pertaining to the Project and Grantee, including but not
limited to the TransNet Extension Ordinance and Board Policy No. 035.
4. Project Schedule. Grantee agrees to complete the Project according to the Project
Schedule included in Attachment A and in compliance with Board Policy No. 035, as
amended, and included as Attachment B.
5. Project Implementation and Oversight. Grantee agrees to comply with the Project
Implementation and Oversight Requirements, included as Attachment C, and Board
Policy No. 035, as amended.
6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on
the application submitted by Grantee, which contained representations by Grantee
regarding project parameters, project proximity to transit, and other criteria relevant to
evaluating and ranking the Project based on SANDAG SGIP scoring criteria. Any
substantive deviation from Grantee's representations in the Application during project
implementation may require re-evaluation or result in loss of funding. If Grantee knows,
or should have known, that substantive changes to the Project will occur or have
occurred, Grantee will immediately notify SANDAG in writing. SANDAG will then
determine whether the Project is still consistent with the overall objectives of the SGIP
and whether the changes would have negatively affected the Project ranking during the
competitive grant evaluation process. SANDAG reserves the right to have SGIP funding
withheld from Grantee, or refunded to SANDAG, due to Grantee's failure to satisfactorily
complete the Project or due to substantive changes to the Project.
7. Media and Community Outreach Coordination. Grantee agrees notify SANDAG of any
media and community outreach efforts, including presentations to community groups,
other agencies, and elected officials. Grantee agrees to assist SANDAG with media or
community events related to the Project, such as ground breaking and ribbon cutting.
Press materials shall be provided to SANDAG staff before they are distributed. SANDAG
logo(s) should be included in press materials and other project collateral, but may never
be included in such documents without advance approval from SANDAG.
As part of the quarterly reports submitted to SANDAG, Grantee agrees to provide Project
milestone information to support media and communications efforts. SANDAG reserves
the right to use the information provided by Grantee for any combination of the
following, including but not limited to: social media posts, online photo albums, videos,
press releases, PowerPoint presentations, web updates, newsletters, and testimonials. In
submitting photos to SANDAG, Grantee agrees to release the rights of the photos to
SANDAG for its use.
8. Project Signage and Designation of TransNet Funded Facilities. Each capital project in
excess of $250,000 funded in whole or in part by revenues from the TransNet Extension
Ordinance shall be clearly designated during its construction or implementation as
being provided by revenues from the TransNet Extension Ordinance.
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Grantee agrees to follow the Project Signage Specifications. SANDAG will provide sign
specifications. Grantee agrees to follow sign specifications and submit proof files to
SANDAG for approval before printing.
9. Baseline Data Collection. For capital projects, Grantee is required to coordinate with
SANDAG staff on the development of a baseline data collection plan in accordance
with the Project Implementation and Oversight Requirements.
B. Application of Laws. Should a federal or state law pre-empt a local law, regulation, or the
TransNet Extension Ordinance, Grantee must comply with the federal or state law and
implementing regulations. No provision of this Agreement requires Grantee to observe or
enforce compliance with any provision, perform any other act, or do any other task in
contravention of federal, state, territorial, or local law, regulation, or ordinance. If
compliance with any provision of this Agreement violates or would require Grantee to violate
any law, Grantee agrees to notify SANDAG immediately in writing. Should this occur,
SANDAG and Grantee agree that they will make appropriate arrangements to proceed with
or, if necessary, terminate the Project or affected portions thereof expeditiously.
C. Notice Regarding Prevailing Wages. SANDAG SGIP Grants are funded with TransNet
revenues consistent with the TransNet Extension Ordinance adopted by the voters in November
2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require
payment of prevailing wages, California law may require that Grantee's public works projects
pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly
encouraged Grantee to seek legal counsel regarding whether the Project will be subject to
prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement requires
Grantee's compliance with all federal, state, and local laws and ordinances as applicable.
D. Significant Participation by a Subgrantee. Although Grantee may delegate any or almost
all Project responsibilities to one or more subgrantees, Grantee agrees that it, rather than any
subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and
this Agreement.
E. Third Party Contracting. Grantee shall not award contracts over $3,000 on the basis of a
noncompetitive procurement for work to be performed under this Agreement without the
prior written approval of SANDAG. Contracts awarded by Grantee, if intended as local match
credit, must meet the requirements set forth in this Agreement regarding local match funds.
1. If Grantee hires a consultant to carry out professional services funded under this
Agreement, Grantee shall: prepare an Independent Cost Estimate (ICE) prior to soliciting
proposals; publicly advertise for competing proposals for the work; use cost as an
evaluation factor in selecting the consultant; document a Record of Negotiation (RON)
establishing that the amount paid by Grantee for the consultant services is fair and
reasonable; and pass through the relevant obligations in this Agreement to the
consultant.
2. If Grantee hires a contractor to carry out construction services funded under this
Agreement, Grantee shall: prepare an ICE (e.g., a construction cost estimate) prior to
soliciting bids; publicly advertise for competing bids for the work; award the work to the
lowest responsive and responsible bidder; document a RON establishing that the
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amount paid by Grantee for the construction services is fair and reasonable; and pass
through the relevant obligations in this Agreement to the contractor.
F. Grantee's Responsibility to Extend Agreement Requirements to Other Entities
1. Entities Affected. Grantee agrees to take appropriate measures necessary to ensure that
all Project participants comply with all applicable federal laws, regulations, and policies
affecting Project implementation. In addition, if an entity other than Grantee is expected
to fulfill any responsibilities typically performed by Grantee, Grantee agrees to assure
that the entity carries out Grantee's responsibilities as set forth in this Agreement.
2. Documents Affected. The applicability provisions of laws, regulations, and policies
determine the extent to which those provisions affect an entity (such as a subgrantee)
participating in the Project through Grantee. Thus, Grantee agrees to use a written
document to ensure that each entity participating in the Project complies with
applicable laws, regulations, and policies.
3. Flowdown. Grantee agrees to include in each document (subagreement, lease, third -
party contract, or other) any necessary provisions requiring the Project participant
(third -party contractor, subgrantee, or other) to impose applicable laws, Agreement
requirements and directives on its subgrantees, lessees, third -party contractors, and
other Project participants at the lowest tier necessary.
G. No SANDAG Obligations to Third -Parties. In connection with the Project, Grantee agrees
that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee,
third -party contractor, or other person or entity that is not a party to the Agreement for the
Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation,
subagreement, lease, or third -party contract at any tier, SANDAG has no obligations or
liabilities to any entity other than Grantee, including any subgrantee, lessee, or third -party
contractor at any tier.
H. Changes in Project Performance. Grantee agrees to notify SANDAG immediately, in writing,
of any change in local law, conditions (including its legal, financial, or technical capacity), or any
other event that may adversely affect Grantee's ability to perform the Project in accordance
with the terms of the Agreement and as required by Board Policy No. 035. Grantee also agrees
to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach,
default, or litigation that may adversely affect SANDAG interests in the Project; and agrees to
inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason,
in any forum. At a minimum, Grantee agrees to send each notice to SANDAG required by this
subsection to the SANDAG Office of General Counsel.
Standard of Care. Grantee expressly warrants that the work to be performed pursuant to
this Agreement shall be performed in accordance with the applicable standard of care. Where
approval by SANDAG, its Executive Director, or other representative of SANDAG is indicated
in the Scope of Work, it is understood to be conceptual approval only and does not relieve
Grantee of responsibility for complying with all laws, codes, industry standards, and liability
for damages caused by negligent acts, errors, omissions, noncompliance with industry
standards, or the willful misconduct of Grantee or its subgrantees.
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III. ETHICS
A. Grantee Code of Conduct/Standards of Conduct. Grantee agrees to maintain a written
code of conduct or standards of conduct that shall govern the actions of its officers, employees,
council or board members, or agents engaged in the award or administration of subagree-
ments, leases, or third -party contracts supported with SGIP funding. Grantee agrees that its
code of conduct or standards of conduct shall specify that its officers, employees, council or
board members, or agents may neither solicit nor accept gratuities, favors, or anything of
monetary value from any present or potential subgrantee, lessee, or third -party contractor at
any tier or agent thereof. Grantee may set de minimis rules where the financial interest is not
substantial, or the gift is an unsolicited item of nominal intrinsic value. Grantee agrees that its
code of conduct or standards of conduct shall also prohibit its officers, employees, board
members, or agents from using their respective positions in a manner that presents a real or
apparent personal or organizational conflict of interest or personal gain. As permitted by state
or local law or regulations, Grantee agrees that its code of conduct or standards of conduct
shall include penalties, sanctions, or other disciplinary actions for violations by its officers,
employees, council or board members, or their agents, or its third -party contractors or
subgrantees or their agents.
1. Personal Conflicts of Interest. Grantee agrees that its code of conduct or standards of
conduct shall prohibit Grantee's employees, officers, council or board members, or agents
from participating in the selection, award, or administration of any third -party contract
or subagreement supported by SGIP funding if a real or apparent conflict of interest
would be involved. Such a conflict would arise when an employee, officer, board
member, or agent, including any member of his or her immediate family, partner, or
organization that employs, or intends to employ, any of the parties listed herein has a
financial interest in a firm competing for award.
2. Organizational Conflicts of Interest. Grantee agrees that its code of conduct or standards
of conduct shall include procedures for identifying and preventing real and apparent
organizational conflicts of interest. An organizational conflict of interest exists when the
nature of the work to be performed under a proposed third -party contract or
subagreement may, without some restrictions on future activities, result in an unfair
competitive advantage to the third -party contractor or subgrantee or impair its
objectivity in performing the contract work.
B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of
interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might
result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or
other unlawful considerations. SANDAG staff members are specifically prohibited from
participating in the selection process when those staff have a close personal relationship, family
relationship, or past (within the last 12 months), present, or potential business or employment
relationship with a person or business entity seeking a contract with SANDAG. It is unlawful for
any contract to be made by SANDAG if any individual Board member or staff has a prohibited
financial interest in the contract. Staff are also prohibited from soliciting or accepting gratuities
from any organization seeking funding from SANDAG. SANDAG officers, employees, agents,
and Board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary
value from consultants, potential consultants, or parties to subagreements. By signing this
Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff
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or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the
Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately.
C. Bonus or Commission. Grantee affirms that it has not paid, and agrees not to pay, any
bonus or commission to obtain approval of its SGIP funding application for the Project.
D. False or Fraudulent Statements or Claims. Grantee acknowledges and agrees that by
executing the Agreement for the Project, Grantee certifies or affirms the truthfulness and
accuracy of each statement it has made, it makes, or it may make in connection with the
Project, including, but not limited to, Grantee's grant application, progress reports and invoices.
IV. AMOUNT OF FUNDING ASSISTANCE
Grantee agrees that SANDAG will provide SGIP funding for the Project equal to the smaller of the
following amounts: (a) the Maximum SANDAG Amount Approved of $320,000, or (b) the amount
calculated in accordance with the Maximum Percentage(s) of SANDAG Participation, which is
86.49 percent. The responsibility of SANDAG to make payments under this Agreement is limited to
the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in its
application for funding from SANDAG for the Project is the amount that forms the basis upon
which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s)
of SANDAG Participation.
The TransNet MPO ID for the Project is NC24.
V. MATCHING FUNDS
Grantee has proposed to provide $50,000 which is 13.51 percent in matching funds from sources
other than TransNet for the Project and therefore agrees as follows:
A. Duty to Obtain Matching Funds. Grantee agrees to provide sufficient funds or approved
in -kind resources, together with the SGIP funding awarded, that will assure payment of the
actual cost of each Project activity covered by this Agreement. The amount of matching funds
and percentage(s) of matching funds Grantee shall provide are set forth in the Approved
Project Budget. Grantee agrees to complete all proceedings necessary to provide its share of the
Project costs at or before the time the matching funds are needed for Project costs.
B. Prompt Payment of Matching Funds. Grantee agrees to provide the proportionate amount
of the matching funds promptly as it incurs Project costs or Project costs become due. Each of
Grantee's invoices must include its pro-rata matching fund contribution as reflected in the
Approved Project Budget, along with supporting, descriptive and/or explanatory
documentation for the matching funds provided.
C. Reduction of Matching Funds. Grantee agrees that no refund or reduction of the amount of
matching funds may be made unless, at the same time, a reduction of the proportional amount
of the SGIP funding provided is made to SANDAG in order to maintain the Maximum
Percentage(s) of SANDAG Participation.
VI. APPROVED PROJECT BUDGET
Except to the extent that SANDAG determines otherwise in writing, Grantee agrees as follows:
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Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project
Budget." Grantee will incur obligations and make disbursements of Project funds only as authorized
by the Approved Project Budget. An amendment to the Approved Project Budget requires the
issuance of a formal amendment to the Agreement, unless the re -allocation of funds among budget
items or fiscal years that will not increase the total amount of the SGIP funding awarded for the
Project, does not negatively impact the benefits obtained from the Project, and is consistent with
applicable laws, regulations, and policies. Prior written SANDAG Project Manager approval is required
for transfers of funds between Approved Project Budget line items.
VII. PAYMENTS
A. Grantee's Request for Payment When Matching Funds Are Required. Grantee will
demonstrate or certify that it will provide adequate matching funds such that, when combined
with payments from SANDAG, will cover all costs to be incurred for the Project. Except to the
extent that SANDAG determines, in writing, that Grantee may defer its provision of matching
funds for the Project, a Grantee is required under the terms of this Agreement to provide
matching funds for the Project and agrees that it will not:
1.
Request or obtain matching funds exceeding the amount justified by the matching share
previously provided, or
2. Take any action that would cause the proportion of SGIP funding made available to the
Project at any time to exceed the percentage authorized by the Agreement for the
Project.
B. Payment by SANDAG. Upon receiving a request for payment and adequate supporting
information, SANDAG will make payment, for eligible amounts to Grantee within 30 days if
Grantee has complied with the requirements of the Agreement, including submission of a
Quarterly Report which is included as Attachment D, has satisfied SANDAG that the SGIP
funding requested is needed for Project purposes in that requisition period, and is making
adequate progress toward Project completion consistent with Board Policy No. 035. After
Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG
may reimburse Grantee's apparent allowable costs incurred consistent with the Approved
Project Budget. SANDAG shall retain 10 percent from the amounts invoiced until satisfactory
completion of work. SANDAG shall promptly release retention amounts to Grantee following
Grantee's satisfactory completion of work and receipt of Grantee's final invoice and all
required documentation.
C. Eligible Costs. Grantee agrees that Project costs eligible for SGIP funding must comply with
the following requirements, unless SANDAG determines otherwise in writing. To be eligible for
reimbursement, Project costs must be:
1. Consistent with the Project Scope of Work, the Approved Project Budget, and other
provisions of the Agreement.
2. Necessary in order to accomplish the Project.
3. Reasonable for the goods or services purchased.
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4. Actual net costs to Grantee (i.e., the price paid minus any refunds, rebates, or other
items of value received by Grantee that have the effect of reducing the cost actually
incurred, excluding program income).
5. Incurred for work performed, only on a reimbursement basis, after both the Effective
Date of the Agreement and following Grantee's receipt of a Notice to Proceed from
SANDAG.
6. Satisfactorily documented with supporting documentation which is to be submitted
with each invoice.
7. Treated consistently in accordance with generally accepted accounting principles and
procedures for Grantee and any third -party contractors and subgrantees, (see Section 6
Accounting Records).
8. Eligible for TransNet Funding as part of the SGIP.
9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the
following documentation as part of the grant application materials: (1) an indirect cost
allocation audit approved by a qualified independent auditor, or (2) the applicant's
proposed method for allocating indirect costs in accordance with the Office of
Management Budget guidelines. Indirect cost allocation plans must be reviewed and
renewed annually.
10. Project generated revenue realized by Grantee shall be utilized in support of the Project.
Project generated revenue and expenditures, if any, shall be reported at the end of the
Agreement period.
D. Excluded Costs
1. In determining the amount of SGIP funding SANDAG will provide for the Project,
SANDAG will exclude:
a. Any Project cost incurred by Grantee before either the date SANDAG issues a
Notice to Proceed to Grantee or the Effective Date of the Agreement or any
Amendment thereto;
b. Any cost that is not included in the latest Approved Project Budget;
c. Any cost for Project property or services received in connection with a subagree-
ment, lease, third -party contract, or other arrangement that is required to be, but
has not been, concurred in or approved in writing by SANDAG; and
d. Any cost ineligible for SANDAG participation as provided by applicable laws,
regulations, or policies.
2. Certain costs at times associated with bicycle and pedestrian projects are not eligible
when the benefit provided is not the exclusive use of bicyclists or pedestrians. These
instances are listed below.
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a. Curb and gutter are part of the roadway drainage system. As such, newly installed
curb and gutter cannot be considered an improvement exclusively for the benefit
of the sidewalk or bike lane and are not an eligible expense.
b. Driveway ramps installed across sidewalks are not for the benefit of pedestrians,
and in fact, degrade the pedestrian environment. Claimants may not include the
cost of driveway ramps in applications for sidewalk projects. However, the distance
across the driveway may be included when computing the per -square -foot cost of
the sidewalk.
c. Where roadway design standards require a roadway shoulder width at least as
wide as would be required for a standard bike lane, the cost of the shoulder
construction will not be eligible. Appropriate bikeway signage is eligible.
d. Under some circumstances, it may be necessary to remove and replace curb and
gutter, driveway ramps, drainage facilities and other existing improvements in
order to construct a bikeway or sidewalk. In such cases the cost of this work is
most likely eligible, but claimants should carefully document why this is so in the
claim submittal.
E. Grantee understands and agrees that payment to Grantee for any Project cost does not
constitute the final decision of SANDAG about whether that cost is allowable and eligible for
payment under the Project and does not constitute a waiver of any violation by Grantee of
the terms of the Agreement for the Project or Board Policy No. 035. Grantee acknowledges
that SANDAG will not make a final determination about the allowability and eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has
been completed, whichever occurs latest. If SANDAG determines that Grantee is not entitled
to receive any portion of the SGIP funding requested or paid, SANDAG will notify Grantee in
writing, stating its reasons. Grantee agrees that Project closeout will not alter Grantee's
responsibility to return any funds due to SANDAG as a result of later refunds, corrections,
performance deficiencies, or other similar actions; nor will Project closeout alter the right of
SANDAG to disallow costs and recover funds provided for the Project on the basis of a later
audit or other review. Upon notification to Grantee that specific amounts are owed to
SANDAG, whether for excess payments of SGIP funding, disallowed costs, or funds recovered
from third parties or elsewhere, Grantee agrees to promptly remit to SANDAG the amounts
owed, including applicable interest, penalties and administrative charges.
VIII. ACCOUNTING RECORDS
In compliance with applicable laws, regulations, and policies, Grantee agrees as follows:
A. Project Accounts. Grantee agrees to establish and maintain for the Project either a separate
set of accounts or separate accounts within the framework of an established accounting system
that can be identified with the Project. Grantee also agrees to maintain documentation of all
checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in
whole or in part to the Project so that they may be clearly identified, readily accessible, and
available to SANDAG upon request and, to the extent feasible, kept separate from documents
not related to the Project.
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B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG
determines otherwise, in writing, Grantee agrees to support all costs charged to the Project,
including any approved services or property contributed by Grantee or others, with properly
executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature
and propriety of the charges, including adequate records to support the costs Grantee has
incurred underlying any payment in which SANDAG has agreed to participate in based upon a
payable milestone.
IX. REPORTING, RECORD RETENTION, AND ACCESS
A. Types of Reports. Grantee agrees to submit to SANDAG all reports required by law and
regulation, policy, this Agreement, and any other reports SANDAG may specify.
B. Report Formats. Grantee agrees that all reports and other documents or information
intended for public availability developed in the course of the Project and required to be
submitted to SANDAG must be prepared and submitted in electronic and/or typewritten hard
copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be
submitted in particular formats.
C. Record Retention. During the course of the Project and for three years thereafter from the
date of transmission of the final expenditure report, Grantee agrees to maintain, intact and
readily accessible, all data, documents, reports, records, contracts, and supporting materials
relating to the Project, as SANDAG may require.
D. Access to Records of Grantees and Subgrantees. Grantee agrees to permit, and require
its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect
all Project work, materials, payrolls, and other data, and to audit the books, records, and
accounts of Grantee and its subgrantees pertaining to the Project.
E. Project Closeout. Grantee agrees that Project closeout does not alter the reporting and
record retention requirements of this Agreement.
F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the
progress of its work, expenditures incurred, and information regarding whether the Project is
projected to be completed within the limits of the Approved Project Budget, Project Schedule,
and consistent with Board Policy No. 035 and any policy amendments thereto. Grantee shall
document the progress and results of work performed under this Agreement to the satisfaction
of SANDAG. This includes progress and final reports, plans, specifications, estimates, and other
evidence of attainment of the Agreement objectives, which are requested by SANDAG or ITOC.
Grantee may be required to attend meetings of SANDAG staff and committees, including but
not limited to ITOC, the Regional Planning Committee, the Transportation Committee, and the
SANDAG Board of Directors, to report on its progress and respond to questions.
G. Communities Served Data and Report. If requested, Grantee shall provide SANDAG with
data regarding how the Project's benefits and burdens were equitably distributed among
socio and economic populations in the area affected by the Project, and associated smart
growth data.
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X. PROJECT COMPLETION, AUDIT, SETTLEMENT, AND CLOSEOUT
A. Project Completion. Within 90 calendar days following Project completion or termination by
SANDAG, Grantee agrees to submit a final certification of Project expenses and final reports, as
applicable. All payments made to Grantee shall be subject to review for compliance by SANDAG
with the requirements of this Agreement and shall be subject to an audit upon completion of
the Project.
B. Project Audit.
For TransNet-funded projects:
Grantee agrees to have financial and compliance audits performed as SANDAG may require
consistent with the TransNet Extension Ordinance. Grantee agrees that Project closeout will
not alter Grantee's audit responsibilities. Audit costs are allowable Project costs.
C. Performance Audit. Grantee agrees to cooperate with SANDAG or ITOC with regard to any
performance audit that is performed on the Project pursuant to the TransNet Ordinance.
D. Project Closeout. Project closeout occurs when SANDAG notifies Grantee that SANDAG has
closed the Project and, if applicable, either forwards the final SGIP funding payment and/or
acknowledges that Grantee has remitted the proper refund. Grantee agrees that Project
closeout by SANDAG does not invalidate any continuing requirements imposed by the
Agreement or any unmet requirements set forth in a written notification from SANDAG.
E. Project Use. Grantee was awarded this Agreement based on representations in its grant
application regarding the Project's intended use. If the Project is a capital project, Grantee
hereby commits to continued use of the Project for the purposes stated in its application for a
period of at least five years after completion of construction. SANDAG may require Grantee
to refund SGIP funding provided for the Project in the event Grantee fails to utilize the
Project for its intended purposes as stated in the grant application or for any disallowed costs.
Xl. TIMELY PROGRESS AND RIGHT OF SANDAG TO TERMINATE
A. Grantee shall make diligent and timely progress toward completion of the Project within the
timelines set forth in the Project Schedule, and consistent with Board Policy No. 035 and any
policy amendments thereto. If timely progress is not achieved, SANDAG may, in its sole
discretion, review the status of the Project to determine if the remaining funding should be
reallocated to another eligible project, as per Board Policy No. 035. Grantee understands and
agrees that any failure to make reasonable progress on the Project, or violation of this
Agreement and/or Board Policy No. 035 that endangers substantial performance of the Project,
shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement.
B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates
difficulty in complying with the Project Schedule, Grantee shall immediately notify the SANDAG
Project Manager in writing, and shall provide pertinent details, including the reason(s) for the
delay in performance and the date by which Grantee expects to complete performance or
delivery. This notification shall be informational in character only and receipt of it shall not be
construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or
remedies provided by this Agreement, including Board Policy No. 035 requirements.
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C. Upon written notice, Grantee agrees that SANDAG may suspend or terminate all or any part
of the SGIP funding to be provided for the Project if Grantee has violated the terms of the
Agreement, or Board Policy No. 035, or if SANDAG determines that the purpose of the laws or
policies authorizing the Project would not be adequately served by the continuation of SGIP
funding for the Project.
D. In general, termination of SGIP funding for the Project will not invalidate obligations properly
incurred by Grantee before the termination date to the extent those obligations cannot be
canceled. If, however, SANDAG determines that Grantee has willfully misused SGIP funding by
failing to make adequate progress, or failing to comply with the terms of the Agreement,
SANDAG reserves the right to require Grantee to refund to SANDAG the entire amount of
SGIP funding provided for the Project or any lesser amount as SANDAG may determine.
E. Expiration of any Project time period established in the Project Schedule will not, by itself,
automatically constitute an expiration or termination of the Agreement for the Project;
however, Grantee must request and SANDAG may agree to amend the Agreement in writing
if the Project Schedule will not be met. An amendment to the Project Schedule may be made
at the discretion of SANDAG if Grantee's request is consistent with the provisions of Board
Policy No. 035.
XII. CIVIL RIGHTS
Grantee agrees to comply with all applicable Civil Rights laws, regulations and policies and shall
include the provisions of this Section XII in each subagreement, lease, third party contract or other
legally binding document to perform work funded by this Agreement. Applicable Civil Rights laws,
regulations and policies include, but are not limited to, the following:
A. Nondiscrimination. SANDAG implements its programs without regard to income level,
disability, race, color, and national origin in compliance with the Americans with Disabilities
Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds,
notify the public of their rights under these laws, and utilize a process for addressing
complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a
complaint available to members of the public and will keep a log of all such complaints.
Grantee must notify SANDAG immediately if a complaint is lodged that relates to the Project
or program funded by this grant.
B. Equal Employment Opportunity. During the performance of this Agreement, Grantee and
all of its subcontractors, if any, shall not unlawfully discriminate, harass, or allow harassment,
against any employee or applicant for employment because of sex, race, color, ancestry,
religious creed, national origin, disability (including HIV and AIDS), mental disability, medical
condition (cancer), age (over 40), marital status, denial of family and medical care leave,
denial of pregnancy disability leave, veteran status, or sexual orientation. Grantee and its
subcontractors shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment. Grantee and its
subcontractors shall comply with the provisions of the Fair Employment and Housing Act
(California Government Code Section 12900, et seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0, etseq.). The
applicable regulations of the Fair Employment and Housing Commission implementing
California Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2
of the California Code of Regulations, are incorporated into this Agreement by this reference
13
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and are made a part hereof as if set forth in full. Grantee and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with which they
have a collective bargaining or other agreement.
XIII. OWNERSHIP OF WORK PRODUCT
SANDAG shall own any deliverables created in whole or in part for the benefit of SANDAG pursuant
to the Scope of Work for the Project. The term "deliverables" includes, but is not limited to, all
original drawings, reports, photos, and other documents, including detailed calculations and other
work product developed for the Project or services performed on the Project.
XIV. DISPUTES AND VENUE
A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the
State of California.
B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the
performance of this Agreement, Grantee shall continue to perform unless SANDAG informs
Grantee in writing to cease performance. The dispute resolution process for disputes arising
under this Agreement shall be as follows:
1.
Grantee shall submit a statement of the grounds for the dispute, including all pertinent
dates, names of persons involved, and supporting documentation, to the SANDAG
Project Manager. The Project Manager and other appropriate SANDAG staff will review
the documentation in a timely manner and reply to Grantee within 20 calendar days.
Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for
reconsideration to the SANDAG Executive Director. The request for reconsideration must
be received within ten calendar days from the postmark date of the SANDAG reply. The
Executive Director will respond to the request for reconsideration within ten working
days. The decision of the Executive Director will be in writing.
2. If Grantee is dissatisfied with the results following exhaustion of the above dispute
resolution procedures, Grantee shall make a written request to SANDAG for appeal to
the SANDAG Regional Planning Committee. SANDAG shall respond to a request for
mediation within 30 calendar days. The decision of the Regional Planning Committee
shall be final.
C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of San Diego, State of
California. In the event of any such litigation between the parties, the prevailing party shall be
entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation
and collection expenses, witness fees, and court costs as determined by the court.
XV.
ASSIGNMENT
Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or
any rights under or interest in this Agreement.
14
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XVI. INSURANCE
Grantee shall procure and maintain during the period of performance of this Agreement, and for
12 months following completion, policies of insurance from insurance companies authorized to do
business in the State of California or the equivalent types and amounts of self-insurance, as follows:
A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000
general aggregate for personal and bodily injury, including death, and broad form property
damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery
Against Others Endorsement." The policy must name SANDAG as an additional insured in the
endorsement. A deductible or retention may be utilized, subject to approval by SANDAG.
B. Automobile Liability. For personal and bodily injury, including death, and property damage
in an amount not less than $1,000,000.
C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of
the State of California. The policy must include an acceptable "Waiver of Right to Recover
From Others Endorsement" naming SANDAG as an additional insured.
D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates
(original copies) that it has the foregoing insurance. The insurance shall be provided by an
acceptable insurance provider, as determined by SANDAG, which satisfies the following
minimum requirements:
1. An insurance carrier qualified to do business in California and maintaining an agent for
service of process within the state. Such insurance carrier shall maintain a current
A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to
$24 million (Class V) or better," or
2. A Lloyds of London program provided by syndicates of Lloyds of London and other
London insurance carriers, providing all participants are qualified to do business in
California and the policy provides for an agent for service of process in California.
E. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance
as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss
under Grantee's insurance. Insurance policies shall not be canceled without first giving
30 days advance written notice to SANDAG. For purposes of this notice requirement, any
material change in the policy prior to its expiration shall be considered a cancellation.
XVII. INDEMNIFICATION AND HOLD HARMLESS
A. Generally. With regard to any claim, protest, or litigation arising from or related to Grantee's
performance in connection with or incidental to the Project or this Agreement, Grantee agrees
to defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and
employees harmless from and against any and all claims, including, but not limited to prevailing
wage claims against the Project, asserted or established liability for damages or injuries to any
person or property, including injury to Grantee's or its subgrantees' employees, agents, or
officers, which arise from or are connected with or are caused or claimed to be caused by the
negligent, reckless, or willful acts or omissions of Grantee and its subgrantees and their agents,
officers, or employees, in performing the work or services herein, and all expenses of
investigating and defending against same, including attorney fees and costs; provided,
15
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however, that Grantee's duty to indemnify and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful misconduct of SANDAG, its Board
of Directors, agents, officers, or employees.
B. Intellectual Property. Upon request by SANDAG, Grantee agrees to indemnify, save, and hold
harmless SANDAG and its Board of Directors, officers, agents, and employees acting within the
scope of their official duties against any liability, including costs and expenses, resulting from
any willful or intentional violation by Grantee of proprietary rights, copyrights, or right of
privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of
any data furnished under the Project. Grantee shall not be required to indemnify SANDAG for
any such liability caused solely by the wrongful acts of SANDAG employees or agents.
XVIII. INDEPENDENT CONTRACTOR
A. Status of Grantee. Grantee shall perform the services provided for within this Agreement as
an independent contractor, and not as an employee of SANDAG. Grantee shall be under the
control of SANDAG as to the result to be accomplished and not the means, and shall consult
with SANDAG as provided for in the Scope of Work. The payments made to Grantee pursuant
to this Agreement shall be the full and complete compensation to which Grantee is entitled.
SANDAG shall not make any federal or state tax withholdings on behalf of Grantee. SANDAG
shall not be required to pay any workers' compensation insurance on behalf of Grantee.
Grantee agrees to indemnify SANDAG for any tax, retirement contribution, social security,
overtime payment, or workers' compensation payment which SANDAG may be required to
make on behalf of Grantee or any employee of Grantee for work done under this Agreement.
B. Actions on behalf of SANDAG. Except as SANDAG may specify in writing, Grantee shall
have no authority, express or implied, to act on behalf of SANDAG in any capacity
whatsoever, as an agent or otherwise. Grantee shall have no authority, express or implied, to
bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless
expressly provided for in this Agreement.
XIX. SEVERABILITY AND INTEGRATION
If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not
be affected if that remainder would continue to conform to the requirements of applicable laws or
regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to
those matters contained in it. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered hereunder. This Agreement may not be modified or altered
except in writing, signed by SANDAG and Grantee.
XX. PROJECT MANAGER
Grantee has assigned Kuna Muthusamy as the Project Manager for the Project. Project Manager
continuity and experience is deemed essential in Grantee's ability to carry out the Project in
accordance with the terms of this Agreement. Grantee shall not change the Project Manager
without first providing written notice to SANDAG.
16
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XXI. NOTICE
Any notice or instrument required to be given or delivered by this Agreement may be given or
delivered by depositing the same in any United States Post Office, registered or certified, postage
prepaid, addressed to:
SANDAG: San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Attn: Susan Baldwin/Tracy Wills
Grantee: City of National City
1243 National City Boulevard
National City, CA 91950
Attn: Kuna Muthusamy
Notice shall be effective upon receipt thereof.
XXII. SIGNATURES
The individuals executing this Agreement represent and warrant that they have the legal capacity
and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written
above.
SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF NATIONAL CITY
GARY L. GALLEGOS
Executive Director
LESLIE DEESE
City Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:
Office of General Counsel CLAUDIA G. SILVA
City Attorney
Attachments:
® Scope of Work, Project Schedule, and Approved Project Budget (Attachment A)
® Board Policy No. 035 (Attachment B)
Z Project Implementation and Oversight Requirements (Attachment C)
® Quarterly Report and Invoice Forms (Attachment D)
® Recipient Resolution (Attachment E)
17
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ATTACHMENT A
SCOPE OF WORK, PROJECT SCHEDULE, AND APPROVED PROJECT BUDGET
PLANNING/NON-CAPITAL PROJECTS: SCOPE Of WORK, SCHEDULE, AND BUDGET
PROGRAM:
(SMART GROWTH INCENTIVE PROGRAM
PART 1: PROJECT OVERVIEW
PROJECT TITLE:
!Downtown Specific Plan Update
PROJECT LIMITS:
The Specific Plan area encompasses n National City. The Downtown area is bounded by Division Street, National City Boulevard, 7th Street, D Avenue, Plana Boulevard, Kimball
Park, and Interstate 5. The Specific Plan area is within Smart Growth Area NC-1 and is visible from the elevated roadway of Interstate 5.
PROJECT SUMMARY:
The Downtown Specific Plan Update will provide an overall insane to the original plan adopted in 2005. The plan will Incorporate new elements related to Smart Growth, specifically
Transportation Demand Management (TOM) and perking policies. Thee elements are crucial to the success of the community as Increased redevelopment opportunities
transportation m and parking demands Downtown. Overall, the Specific Plan Update Will revise land use :ones, urban d•slgn standards and recommend future implementation
program/projects Ina manner that will provide direction for development that will create a nique sense of place In National City's vibrant Downtown care.
PART 1I: SCOPE OF WORK. SINFDUI E. AND BUDGET
ropn.e ta.k. deliverab timeframe antl a budeet for mp le memine the prolatt. The or left schedule must be based on Months tram Notice to Proceed."
1
Project Oversight ft Outreach
NTP
18
18
1 ]
Project Kick.Off
Final Scope of work
No
to Proceed
3
J
,
5,000.00
1.2
OOordinatbn and MeetlnB1
RegWeriy coordinate and
communicate with City staff
throughrwtallohases of the
Protect; conduct at IeaSt Ill (6)
profece coordination meetings
0
18
lie
8
10,000.00
J.
Community Outreach and Public
Participation Program
Community outreach work plan
and schedule memorandum; At
WOO three (3) comm.../
outreach activities all
community outreach materials
and handouts
3
18
15
50,000.00
2
IRRNewEaNting Conditions
$
•Base
s
2.1
Base Information/Map Collection and
nmp r the protect area;
sting plans; projects and
existing
studies memorandum
3
4
1
10,000.00
2.2
Review Existing land Use and urban Form
Analyses Summary Memoranda,
Including land use -
3
6
3
_
$
2.500.00
J 1
w Existing; Circulation and
Transporation
Analyses Summary Memoranda,
nudln(Ircla[lon and
transportation
3
b
3
5
2 ,SO0.00
2.4 '
Review Existing Infrastructure and Utilities
Analyses Summary Memoanda,
Including Infrastructure and
utilities
3
6 -
3
$
2.500.00
2 5
Review Existing Parking C.d...
Analyses Summary Memoranda,
including Parking Infnstfucture
6
3
5
4.000 00
2.6 'Re
a
Review Market.Conditions
nalyset Summery Memoranda.
including market analysis
3
6
3
5
20.000:00
3
Prepare Draft Planet Technical Studies
6
12
6
3.1
levelly Alternatives
Up to three (3) conceptual
alternative plan
6
e
2
5
15,000.00
3.1
Prepare Preferred Land Use Plan •ntl
Buildeut Calculations
One. (]) daft and final bulleou[
land use table and associated
Land Use Plan
2
10
3
5
13,500 00
3.3 i
Develop Administative Drat Specific Plan
Five (5) hard copies and one (1)
electronlc,PDFcopyof
Administrative Draft SPenfi<
Plan
3
1.
3
5
10.000,00
3.4
City Council and Planning Commission Joint
Study Session - Daft Specific Plan
epresentation
other r study session materials
11
1 ]
i
5
5,000.00
3.5
Prepare Environmental Documentation
All required copies of the (Joke
of Preparation. Initial $1001.s,
Administrative Draft EIR, end
Technical Appendices,
Administrative Final Draft EIR
and Technical AODendlces. final
EIR and ectinlcal Appendices.
Response to Comments, Draft
Findings and Statement of
Overriding Decisions, and Notice
o/ Determination In accordance
with CEOA Guidelines
6
1,.
6
$
200,000.00
4
Prepare Final Plan
12
16
6
4.1
Prepare Public Review Draft Specific Plan
Fifteen (15) bound herd copies,
one (1) reproductible master
copy, sod one (1) elettfonlc,
PDF copy of the Public Review
Drag Specific Plan
12
13
i
5
10,00u 00
4.2
Planning Comisson and City Council Public
m
Hearings
Attendance of at least one (1)
Planners{ Commission public
hearing and at elan one (1) City
Council public hearing;
PowerPoInt presentation
12
15
3
5
5.000.00
4 3
Prepare Final Specific Pill
Fifteen (15) bound hard copier,
(1) reproduct:ble master
copy, and one (1) el...,
PDF copy of the Final Specific
Plan
15
18
3
$
5,000.OD
TOTAL
1(
$
370,000.00
•Start and Compietlen dates shall be tracked using "Men its from Notice to Pone*
Rag/ IPF11LDN
TOTAL PROJECT COST:
TOTAL BEAST AMOUNT REQUESTED FROM SANDAL:
TOTAL MAIN AMOUNT THAT WILL BE CONTRIBUTED:
SANDAL % CONTRIBUTION:
MATCH 96 CONTRIBUTION:
TransNet MPO ID NO.NC24
370,000.00
320,000.00
$
50,000.00
0.864864865
0,135135135
18
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ATTACHMENT B
BOARD POLICY NO. 035
BOARD POLICY NO. 0 3 5
COMPETITIVE GRANT PROGRAM PROCEDURES
Applicability and Purpose of Policy
This Policy applies to all grant programs administered through SANDAG, whether from TransNet or
another source, including but not limited to the Smart Growth Incentive Program, Environmental
Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Federal Transit
Administration grant programs, and Active Transportation Grant Program.
Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or
contract documents that conflict with the requirements in this Policy. There are never enough
government grant funds to pay for all of the projects worthy of funding in the San Diego region.
For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability
to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees
accountable to the project schedules they have proposed in order to ensure fairness in the
competitive process and encourage grantees to get their projects implemented quickly so that the
public can benefit from the project deliverables as soon as possible.
Procedures
1. Project Milestone and Completion Deadlines
1.1. When signing a grant agreement for a competitive program funded and/or
administered by SANDAG, grant recipients must agree to the project delivery objectives and
schedules in the agreement. In addition, a grantee's proposal must contain a schedule that
falls within the following deadlines. Failure to meet the deadlines below may result in
revocation of all grant funds not already expended. The final invoice for capital, planning,
or operations grants must be submitted prior to the applicable deadline.
1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the
project must be completed according to the schedule provided in the grant
agreement, but at the latest, any necessary construction contract must be awarded
within two years following execution of the grant agreement, and construction
must be completed within eighteen months following award of the construction
contract. Completion of construction for purposes of this policy shall be when the
prime construction contractor is relieved from its maintenance responsibilities. If no
construction contract award is necessary, the construction project must be complete
within eighteen months following execution of the grant agreement.
1.1.2. Funding for Planning Grants. If the grant will fund planning, the project
must be completed according to the schedule provided in the grant agreement, but
19
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at the latest, any necessary consultant contract must be awarded within one year
following execution of the grant agreement, and the planning project must be
complete within two years following award of the consultant contract. Completion
of planning for purposes of this policy shall be when grantee approves the final
planning project deliverable. If no consultant contract award is necessary, the
planning project must be complete within two years of execution of the grant
agreement.
1.1.3 Funding for Operations Grants. If the grant will fund operations, the project
must be completed according to the schedule provided in the grant agreement, but
at the latest, any necessary services contract for operations must be awarded within
one year following execution of the grant agreement, and the operations must
commence within six months following award of the operations contract. If no
services contract for operations is necessary, the operations project must commence
within one year of execution of the grant agreement.
1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment
or vehicles, the project must be completed according to the schedule provided in the
grant agreement, but at the latest, any necessary purchase contracts for equipment
or vehicles must be awarded within one year following execution of the grant
agreement, and use of the equipment or vehicles for the benefit of the public must
commence within six months following award of the purchase contract.
2. Project Milestone and Completion Deadline Extensions
2.1. Schedules within grant agreements may include project scopes and schedules that
will identify interim milestones in addition to those described in Section 1 of this Policy.
Grant recipients may receive extensions on their project schedules of up to six months for
good cause. Extensions of up to six months aggregate that would not cause the project to
miss a completion deadline in Section 1 may be approved by the SANDAG Executive
Director. Extensions beyond six months aggregate or that would cause the project to miss a
completion deadline in Section 1 must be approved by the Policy Advisory Committee that
has been delegated the necessary authority by the Board. For an extension to be granted
under this Section 2, the following conditions must be met:
2.1.1. For extension requests of up to six months, the grantee must request the
extension in writing to the SANDAG Program Manager at least two weeks prior to
the earliest project schedule milestone deadline for which an extension is being
requested. The Executive Director or designee will determine whether the extension
should be granted. The Executive Director's action will be reported out to the Board
in following month's report of delegated actions.
2.1.2. A grantee seeking an extension must document previous efforts undertaken
to maintain the project schedule, explain the reasons for the delay, explain why the
delay is unavoidable, and demonstrate an ability to succeed in the extended time
frame the grantee proposes.
2.1.3. If the Executive Director denies an extension request under this Section 2,
the grantee may appeal within ten business days of receiving the Executive
20
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Director's response to the responsible Policy Advisory Committee by sending the
appeal to the SANDAG Program Manager.
2.1.4. Extension requests that are rejected by the Policy Advisory Committee will
result in termination of the grant agreement and obligation by the grantee to
return to SANDAG any unexpended funds within 30 days. Unexpended funds are
funds for project costs not incurred prior to rejection of the extension request by the
Policy Advisory Committee.
3. Project Delays and Extensions in Excess of Six Months
3.1. Requests for extensions in excess of six months, or that will cause a project to miss a
completion deadline in Section 1 (including those projects that were already granted
extensions by the Executive Director and are again falling behind schedule), will be
considered by the Policy Advisory Committee upon request to the SANDAG Program
Manager.
3.2 A grantee seeking an extension must document previous efforts undertaken to
maintain the project schedule, explain the reasons for the delay, explain why the delay is
unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee
proposes. The grantee must provide the necessary information to SANDAG staff to place in
a report to the Policy Advisory Committee. If sufficient time is available, and the grant
utilized TransNet funds, the request will first be taken to the Independent Taxpayer
Advisory Committee (ITOC) for a recommendation. The grantee should make a
representative available at the meeting to present the information to, and/or answer
questions from, the ITOC and Policy Advisory Committee.
3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for
extenuating circumstances that the grantee could not have reasonably foreseen.
4. Resolution and Execution of the Grant Agreement
4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed
grants, prospective grantees must submit a resolution from their authorized governing body
that includes the provisions in this Subsection 4.1. Failure to provide a resolution that meets
the requirements in this Subsection 4.1 will result in rejection of the application and the
application will be dropped from consideration with funding going to the next project as
scored by the evaluation committee. In order to assist grantees in meeting this resolution
deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant
application submission.
4.1.1 Grantee governing body commits to providing the amount of matching
funds set forth in the grant application.
4.1.2 Grantee governing body authorizes staff to accept the grant funding and
execute a grant agreement if an award is made by SANDAG.
4.2 Grantee's authorized representative must execute the grant agreement within 45
days from the date SANDAG presents the grant agreement to the prospective grantee for
21
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execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation
of the grant award.
5. Increased Availability of Funding Under this Policy
5.1. Grant funds made available as a result of the procedures in this Policy may be
awarded to the next project on the recommended project priority list from the most recent
project selection process, or may be added to the funds available for the next project
funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that
loses funding due to failure to meet the deadlines specified in this Policy may be
resubmitted to compete for funding in a future call for grant applications.
Adopted: January 2010
Amended: November 2014
22
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ATTACHMENT C
PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS
Capital Grants
1. Contact Information: Grantee must provide SANDAG with contact information for the project
manager. Grantee must provide SANDAG with updated contact information in a timely manner if
there are any changes to staff assigned.
2. Baseline Data Collection: Prior to the construction of grant -funded improvements, the
Grantee is responsible for developing a baseline data collection plan with SANDAG to gather
information on pedestrian and bicyclist activity. At a minimum, data should be collected for
observed bicycle and pedestrian volumes, behavior, and attitudes in the project area. Once the data
collection plan is approved by SANDAG staff, the Grantee is responsible for carrying out the plan
and returning collected data to SANDAG as a deliverable. Standardized forms required for data
collection will be provided by SANDAG.
Grantees are encouraged to use the National Bicycle and Pedestrian Documentation Project
methodology and plan for the following:
• Conduct counts prior to project construction, during National Documentation Days in the
second week of September. Supplementary counts and surveys can be conducted during
January, May, and July to provide seasonal data, if desired.
• Conduct counts for two hours, at peak times relative to the facility. For example, facilities
attracting utilitarian trips should be counted on a Tuesday, Wednesday, or Thursday from
5 to 7 p.m., whereas facilities attracting recreational trips should be counted on a Saturday,
from 9 to 11 a.m.
In the case that the above timeframes are deemed infeasible due to the project schedule, the
Grantee and SANDAG will collaborate on an alternative data collection methodology and
procedure.
A subset of Grantees may be selected for in-depth evaluation by SANDAG, in which case, SANDAG
will conduct the data collection effort with required participation from Grantee staff. Such in-depth
evaluation conducted by SANDAG will take place solely for the purpose of SANDAG
Active Transportation data collection and monitoring efforts, and will not impact Grantees'
budgets.
Grantees should plan to budget $5,000 for data collection. For questions or assistance with data
collection, contact Christine Eary at christine.eary@sandag.org, or (619) 699-6928.
3. Design Development and Community Meetings: Grantee must provide SANDAG with
advance notice (preferably within two weeks) and agendas of all design development and
community meetings, and a meeting summary following the meeting. SANDAG staff may attend
any meetings as appropriate.
4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to
SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG
23
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staff may meet with the Grantee to comment on submitted plans and assure substantial
conformance. SANDAG may comment on submitted plans regarding:
• Whether they are consistent with the Project proposed in the original grant application, and
• Consistency with accepted pedestrian/bicycle facility and smart growth design standards.
5. Quarterly Reports and Invoices: Grantee must submit quarterly reports and invoices to
SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending
issues and actions toward resolution, and status of budget and schedule. Furthermore, the Grantee
agrees to provide project milestone information (such as presentations to community groups, other
agencies, and elected officials, ground-breakings, and ribbon -cuttings) to support media and
communications efforts.
6. Media and Community Outreach Coordination: Press materials shall be provided to SANDAG
staff before they are distributed. SANDAG logo(s) should be included in press materials and other
project collateral. Furthermore, the grantee agrees to provide project milestone information to
support media and communications efforts.
7. Photo Documentation: Grantees are responsible for the following photo documentation:
• Before and after photos, which should be taken from similar angles to showcase how a
particular area has been transformed over time.
• Project milestone photos (such as ground-breakings and ribbon -cuttings).
• Photos taken throughout construction phases and throughout the length of the project.
Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per
inch) and contain captions with project descriptions, dates, locations, and the names of those
featured, if appropriate.
8. Project Signage: Each project or program in excess of $250,000 funded in whole or in part by
revenues from the TransNet Extension Ordinance shall be clearly designated during its construction
or implementation as being provided by such revenues. SANDAG will provide sign specifications.
Grantee agrees to follow sign specifications and submit proof files to SANDAG for approval before
printing.
9. Performance Monitoring: SANDAG staff may measure performance of the constructed capital
improvements against stated project objectives, and evaluate the overall grant program. Grantee is
expected to meet with SANDAG staff to identify relevant performance measures and data sources,
and provide available data and feedback regarding the program as appropriate.
Planning and Non -Capital Grants
1. Contact Information. Grantee must provide SANDAG with contact information for the project
manager. Grantee must provide SANDAG with updated contact information in a timely manner if
there are any changes to staff assigned.
24
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2. Request for Proposals and Consultant Selection. Upon request by SANDAG, Grantee must
submit consultant draft Request for Proposals to SANDAG staff for review and comment for
consistency with the agreed upon Scope of Work with SANDAG (Attachment A).
3. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing
accomplishments in the quarter, anticipated progress next quarter, pending issues and actions
toward resolution, and status of budget and schedule.
4. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice
(preferably within two weeks) and agendas of all stakeholder and community meetings, and a
meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate.
5. Media and Community Outreach Coordination. Press materials shall be provided to SANDAG
staff before they are distributed. SANDAG logo(s) should be included in press materials and other
project collateral. Furthermore, the Grantee agrees to provide project milestone information to
support media and communications efforts.
6. Photo Documentation. Grantees are responsible for the following photo documentation:
• Existing conditions photos, which should illustrate the current conditions of the project site
and demonstrate the need for improved facilities
• Project milestone photos (such as workshops, presentations to community groups, other
agencies, and elected officials)
Photos should be high resolution (at least 4 inches by 6 inches with a minimum of 300 pixels per
inch) and contain captions with project descriptions, dates, locations, and the names of those
featured, if appropriate.
25
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ATTACHMENT D
QUARTERLY REPORT AND INVOICE FORMS
TransNet SMART GROWTH INCENTIVE PROGRAM AND
TransNet/TDA ACTIVE TRANSPORTATION GRANT PROGRAM
QUARTERLY REPORT
Report Submittal Date: [Insert]
Reporting Period: [Insert - Example: FY 2014, Quarter 1]
PART 1: DESCRIPTION OF ACTIVITY FOR REPORTING PERIOD
1. Work Accomplished This Reporting Period
•
•
[INSTRUCTIONS: Replace this text with a detailed description of work completed and
underway during the reporting period. In a bullet format, reference specific tasks.]
Example:
• Task 1 — Award Consultant Contract: Issued Request for Proposal and convened a
selection panel of five members from the City, Metropolitan Transit System, North
County Transit District, and SANDAG to shortlist three of nine firms. The panel
interviewed the 3 firms and selected XYZ Group for this project. The City Council
approved the consultant contract with XYZ Group on January 1, 2014. City staff held
a kick-off meeting on January 10, 2014.
• Task 2 — Public Outreach: City staff and XYZ Group began organizing the first
workshop for this project. The anticipated date of the first workshop will be in the
February/March 2014 timeframe.
• Task 3 — Etc.
• Task 4 — Etc.
2. Deliverables Produced This Reporting Period
[INSTRUCTIONS: Summarize the deliverables produced during this period and indicate the
date submitted to SANDAG. Deliverables can be submitted as an attachment to this report.
See Item 5 for more details.]
Example:
• Final RFP — Submitted in December 2014.
• Approved Consultant Contract and Kick -Off Meeting Notes — Submitted with this
report. Please see accompanying list of attachments.
26
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3. Is there an accompanying invoice for this period?
[INSTRUCTIONS: Indicate YES or NO.]
4. Work Anticipated for the Next Reporting Period
[INSTRUCTIONS: Replace this text with a brief description of work anticipated for the next
reporting period. Also note any upcoming meetings or workshops.]
5. List of Attachments
[INSTRUCTIONS: List any deliverables or invoice documents attached to this report.
Attachments over 6MB should be sent via WeTransfer.]
WeTransfer Link: https://sandag.wetransfer.com/
Example:
• Attachment 1: Consultant Contract
• Attachment 2: Kick -Off Meeting Notes
• Attachment 3: Invoice Spreadsheet
• Attachment 4: Invoice Documentation
PART 2: SCHEDULE AND TASK STATUS
Task
Scheduled
Start Date
(Per Grant
Scope of
Work)
Scheduled
Completion
Date
(Per Grant
Scope of
Work)
Status
Timing
Anticipated
Start Date
(If
Different
from Grant
Scope of
Work)
Anticipated
Completion
(If
Different
from Grant
Scope of
Work)
NTP Date
Task 1
[mm/dd/yy]
[mm/dd/yy]
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[mm/dd/yy]
[mm/dd/yy]
Task 2:
Policy No.
035
Milestone
[mm/dd/yy]
[mm/dd/yy]
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[mm/dd/yy]
[mm/dd/yy]
Task 3:
Policy No.
035
Milestone
[mm/dd/yy]
[mm/dd/yy]
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[mm/dd/yy]
[mm/dd/yy]
27
-28-
PART 3: CHALLENGES, SCHEDULE DELAYS, AND AMENDMENT REQUESTS
Challenges and Actions Toward Resolution (If applicable)
[INSTRUCTIONS: If you are experiencing challenges in completing project tasks, please provide
information about the delay and actions taken to resolve issues. If an amendment is needed,
provide justification and check the appropriate box below.]
❑ No amendment requested at this time
❑ Amendment requested to*:
❑ Project Schedule
❑ Project Budget
❑ Scope of Work
*Failure to check a box in the above section assumes there is no action requested. Amendment requests are
subject to SANDAG's approval. It is the Grantee's responsibility to ensure compliance with SANDAG Board
Policy No. 035: Competitive Grant Program Procedures and grant agreement terms and conditions.
•
PART 4: PROJECT STATUS REPORT SIGNATURE
Prepared by Date:
Project Manager
28
_29_
INVOICE INSTRUCTIONS
Step 1: Complete the Quarterly Progress Report.
Reimbursements cannot be made without a completed Quarterly Progress Report.
Step 2: Gather Documentation for Staff Costs, Consultant/Contractor Costs, and Other Costs.
Provide SANDAG with a copy of any consultant and contractor agreements awarded through the grant.
Staff Costs should be supported by certified payroll documentation
Consultant costs should be supported by the consultant invoice AND a proof of payment. The proof of payment can be either a copy of the check provided to the
consultant or printout from the project's financial accounting system showing that funds were disbursed.
Contractor costs should be supported by the contractor invoice, schedule of values, AND a proof of payment. The proof of payment can be either a copy of the check
provided to the contractor or a printout from the project's financial accounting system showing that funds were disbursed.
Other costs should be supported by either an invoice from the vendor or a receipt AND must be accompanied by a proof of payment. The proof of payment can be either a
copy of the check provided to the vendor or a printout from the project's financial accounting system showing that funds were disbursed.
Clearly identify (i.e., highlight or circle) all grant -related expenses on documents that include non -related costs.
Step 3: Complete the Expense Summary.
Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurred during the reporting period.
Confirm that you have the adequate documentation.
Break down each cost by task. This will help with the next step to complete the invoice statement.
Double check and make sure all sub -totals have been calculated correctly.
Step 4: Complete the Invoice Statement.
Enter the costs for each task (calculated in Step 3) into the appropriate cells of the Invoice Statement. The SANDAG contribution, match contribution, and retention
amounts should automatically calculate.
Enter previous costs by task into the appropriate cells of the spreadsheet. The remaining grant balance should automatically calculate.
Step 5: Submit Quarterly Progress Report, Invoice, and Supporting Documentation to SANDAG at:
sgatgrants(a�sandag.org
Sign and scan the completed Quarterly Progress Report. Submit it in PDF form.
Sign and scan the invoice statement. Submit it in PDF form.
Submit supporting documentation in PDF form.
Submit the completed Excel workbook.
Files in excess of 6MB should be submitted via:
https://sandag.wetransfer.com
29
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PART 1: STAFF COSTS
Personnel
Staff Person A
Staff Person B
Staff Person_C
[INSERT ADDITONAL LINES AS NEEDED]
Consultant/Contractor
Consultant XYZ
Consultant XYZ
Consultant XYZ
Outreach Organization ABC
[INSERT ADDITONAL LINES AS NEEDED]
Time Period
mm/dd/yy to mm/dd/yy
mm/dd/yy to mm/dd/yy
mm/dd/yy to mm/dd/yy
Invoice No.
Hours ;Hourly Rate
101 $
10+$
10 $
Amount Documentation Attached?
100.00 $ 1,000.00 YES/NO -
100.00_ $ 1,000.00 YES/NO
100.00 $ 1,000.00 YES/NO
Invoice Date Description of Costs Amount Documentation Attached?
1 1/1/2014 Professional services for the ; $ 10,000.00 YES/NO
month of January 2014
2 2/1/2014 Professional ser ices for the $ 10,000.00 YES/NO
month of February 2014
3 3/1/2014 Professional services for the $ 10,000.00 YES/NO
month of March 2014
1 3/1/2014 Outreach from January 2014 to $ 10,000.00 YES/NO
March 2014
PART 3: OTHER COSTS
Vendor Invoice No. Invoice Date Description of Costs Amount Documentation Attached?
VendorA 1 1/1/2014 Printing costs for January 2014 $ 100.00 YES/NO
1 2/1/2014 News Announcement for $ 100.00 YES/NO
Vendor B February 2014 Workshop
1 2/28/2014 Snacks for February 2014 $ 100.00 YES/NO
Vendor C Workshop
[INSERT ADDITONAL LINES AS NEEDED]
30
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To:
From:
TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE
SUCHIMUKHERJEE
SANDAG
401 B Street, Suite 800
San Diego, CA92101-4231
Name
Address
Project Name: [PROJECT NAME]
Contract Number: 600XXX
Grant Invoice Number: o
Billing Period: FROM
Inwice Date: DATE
Grant Award: ' $0.00
Balance Remaining $0.00
TO
TASK
Previous Balance
Current MM/DD/YYYY to MM/DD/YYYY
Total Expenses SANDAG Total Match Spent
Reimbursed to
Date
Match to
Date
Total to
Date
Staff Costs
Consultant or
Contractor
Costs
Other Costs
Thls Invoice
This Invoice
Thls Invoice
1
RFP
$0.00
SO.00
$0 00
$0.00
SO 00
$0.00
$0.00
$0.00
$0.00
2
Existing Conditions Report
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
3
Public Outreach
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
4
Draft Plan
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
5
Final Plan
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total Current Expenditures: $0.00
Total Amount Due this Invoice: $0.00
Less 10% Retention: $0.00
Match %Met to Date:' #DIV/0!
Total Projec Budget
(Qant+ Match)
Task 1
$0.00
Task 2
$0.00
Task 3
$0.00
Task 4
$0.00
Task 5
$0.00
TOTAL
$0.00
SANDAG Grant:
$0.00
Match:
$0.00
SANDAG
Contribution %
#DIV/0!
Required Match %
#DlV/0!
31
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CERTIFICATION OF GRANTEE
I hereby certify that the above costs were incurred in performance of the work required under the grant and are consistent with the amounts evidenced by attached supporting documents and
expenditures.
Signature
Printed Name and Title Date
32
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ATTACHEMENT E
RECIPIENT RESOLUTION
RESOLUTION NO. 2015 — 29
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE FILING OF AN APPLICATION FOR
SMART GROWTH INCENTIVE GRANT PROGRAM FUNDS
THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
FOR THE DOV►'NTOWN SPECIFIC PLAN UPDATE PROJECT.
ACCEPTING THE TERMS OF THE GRANT AGREEMENT
WHEREAS, $12 Million ($12,000,000) of TransNet funding for capita! and
planning Smart Growth Incentive Program projects is available to local jurisdictions and the
County of San Diego from Fiscal Years 2014-2016; and
WHEREAS, the City of National City wishes to receive $320,000 in Smart Growth
Incentive Program funds for the Downtown Specific Plan Update Project {`Project'); and
WHEREAS, the City of National City understands that the Smart Growth
Incentive Program funding is fixed at the programmed amount, and therefore Project cost
increases that exceed the grant awarded will be the sole responsibility of the City; and
WHEREAS, the City of National City agrees to complete the proposed Project
within a timely matter and in compliance with SANDAG Board Policy No. 035.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorhes staff to submit en application to SANDAG for the TransNet
Smart Growth Incentive Program funding in the amount of $320,000 for the Downtown Specific
Plan Update Project,
BE IT FURTHER RESOLVED that, If a grant award is made by SANDAG to fund
the Downtown Specific Plan Update Project, then the City of National City commits to providing
$50,000, authorizes staff to accept the grant funds, authorizes the Mayor to execute the grant
agreement on substantially similar terms as attached, and complete the Project.
BE IT FURTHER RESOLVED that City of National City agrees to indemnify, hold
harmless, and defend SANDAG, the San Diego County Regional Transportation Commission,
and all officers and employees thereof against ail muses of action or claims related to City of
National City's TransNet tended projects.
PASSED and ADOPTED this 17"' day of Marctir,20l5.
Ron Igo.: r isnn, Mayor
ATTEST:
/
Michael R. Dalla, ity Clerk
PPROVED A 0 FORE
Claudia Gaol
City Attom
-34-
RESOLUTION NO. 2015 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ACCEPTING A TRANSNET SMART GROWTH INCENTIVE GRANT
PROGRAM GRANT AWARD IN THE AMOUNT OF $320,000 THROUGH
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE
DOWNTOWN SPECIFIC PLAN UPDATE, AUTHORIZING THE
CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, AND
AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS
AND A CORRESPONDING REVENUE BUDGET IN
THE AMOUNT OF $320,000 FOR THE GRANT FUNDS
WHEREAS, the Downtown Specific Plan Update will provide an overall update to
the original plan adopted in 2005, and will consider land use, density, urban design, smart
growth, and parking management strategies to better accommodate market demand and
incentivize redevelopment of the City's urban core; and
WHEREAS, on March 17, 2015, the City Council adopted Resolution 2015-29
authorizing the filing of an application for $320,000 in TransNet Smart Growth Incentive Grant
Program ("SGIP") funds for the Downtown Specific Plan Update, committing to a grant match of
$50,000, and accepting the terms of the grant agreement; and
WHEREAS, on July 24, 2015, the City received notification that the project was
approved for full funding by the San Diego Association of Governments ("SANDAG") Board of
Directors.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby accepts a TransNet Smart Growth Incentive Program grant award in the
amount of $320,000 through SANDAG for the Downtown Specific Plan Update.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager
to execute the Grant Agreement.
BE IT FURTHER RESOLVED that the City Council authorizes the establishment
of an appropriation and corresponding revenue budget in the amount of $320,000 for the grant
funds.
PASSED and ADOPTED this 17' day of November, 2015.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk Claudia Gacitua Silva
City Attorney