HomeMy WebLinkAbout2016 CON SANDAG - El Toyon-Las Palmas Regional Bicycle Boulevard Project - ATGPNOTE TO FILE
07-16-2019
IN THE MATTER OF: The 2016 SANDAG El Toyon-Las Palmas Regional
Bicycle Boulevard Project — Active Transportation Grant Program (ATGP)
Agreement. Please note the following:
NO FULLY EXECUTED ORIGINAL AGREEMENT
WAS FILED WITH THE OFFICE OF THE CITY CLERK.
ORIGINATING DEPARTMENT: CDC _ Housing & Economic Development
City Attorney _ Human Resources
City Manager MIS
Community Svcs. Planning
X Eng/PW Police
Finance
Fire
NTF
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
Cao16- 5y
MEETING DATE: November 1, 2016
AGENDA ITEM NO. 11
rEM TITLE:
Resolution of the City Council of the City of National City, 1) authorizing the filing of an application for Active
Transportation Grant Program (ATGP) funds through the San Diego Association of Governments (SANDAG) for
the El Toyon-Las Palmas Regional Bicycle Boulevard Project in the amount of $1,544,000; 2) accepting the
terms of the Grant Agreement; and 3) authorizing the City Manager to accept the TransNet ATGP funds and
execute a grant agreement with SANDAG, if selected for grant award.
PREPARED BY: Jose Lopez
PHONE: 336-4312
EXPLANATION:
See attached.
DEPARTMENT: Engineering/Public Works
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
Finance
MIS
If grant funds are awarded, staff will return to City Council to appropriate funds. It shall be noted that
there is no local match required for this grant project.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Conceptual Exhibit
2. Sample Grant Agreement
3. Resolution
EXPLANATION
The 2.2 mile El Toyon-Las Palmas Bicycle Corridor Project was identified as a Tier 1
priority project in National City's SMART Foundation Plan to enhance the pedestrian
and bicycling environment in National City. The project provides connections to the
following three elementary schools: El Toyon, Rancho De La Nacion and Las Palmas.
The project will also connect to the future regionally significant South Bay Bus Rapid
Transit (BRT) station at Plaza Boulevard.
The proposed bicycle corridor starts in the residential neighborhood just north of
Division Street and proceeds south along U Avenue through El Toyon Park, T Avenue,
Paradise Drive and Grove Street, eventually ending at E. 22nd Street near the existing
pedestrian bridge which leads to Las Palmas Park.
The project provides ideal bicycle and pedestrian connections, particularly for school -
age children, due to the low volume and low vehicular speeds of these predominantly
residential roadways. Enhancements include Shared Lane Markings or "sharrows,"
signage highlighting the corridor as a Bicycle Boulevard, and traffic calming measures
such as corner bulb -outs. While the corridor itself is relatively "quiet," it does cross
several higher volume / higher speed streets such as Division Street, E. 4th Street and
Plaza Boulevard. To address the challenges presented by these crossings, the project
proposes a combination of bulb -outs, median refuge islands, high visibility crosswalks,
and pedestrian actuated LED -enhanced crosswalk signs.
Staff recommends that City Council take the following actions: 1) authorize the filing of
an application for Active Transportation Grant Program (ATGP) funds through the San
Diego Association of Governments (SANDAG) for the El Toyon-Las Palmas Regional
Bicycle Boulevard Project in the amount of $1,544,000; 2) accept the terms of the Grant
Agreement; and 3) authorize the City Manager to accept the TransNet ATGP funds and
execute a grant agreement with SANDAG, if selected for grant award.
It shall be noted that the Grant Agreement contains provisions required by SANDAG,
which have been reviewed and accepted by staff. While one such provision is a "hold
harmless" provision, staff has determined that risk to the City is minimal since
SANDAG's involvement in this grant -funded project is limited to accounting processes
and financial audits.
Project Improvement Mapy
(
Class II Bike Lane
III 4th Street National Ci
rr i _•,
y"-Cervantes m
Avenue
Class III Bike Route
4th Street, National City
Pedestrian Actuated LED Sign
& Crosswalk
U Curb Extensions
El Toyon
Park
s
t Division St. ATP Cycle 1 Project;
(Construction 2016/2017)
4th Street Community
Corridor - Existing Crossing
4th St & T Ave, National City }t`
Pedestrian
Actuated LED Sign
National City Blvd,
National City
b 7ucHdPlaza/ "V< s
4,1 a Valtarta
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. Windsor O Q
partment, e6
Bicycle Boxes p'
Curb Extensions
Plaza Blvd & A Ave, National City
IV
;Existing Curb
Extensions
Granger High
School
Lincoln Acres
School
i7-',Curb Extensions
Pedestrian Actuated LED Sign
4th Street Community
Corridor - Existing Crossing
1,4th St & U Ave, National City :14.,t1
Curb Extension.
(Southwest Corner)!
" Las Palmas
ra Elementary
`Il School
Las Palmas
Park
-18th St. ATP Cycle 1 Project!
Bicycle Boxes "4, (Construction 2016/2017)
D Ave & 18th St,
National City '`' volt,e tem
LEGEND
EXISTING BIKE CORRIDOR
. Class II - Bikelane
MEI I Class III - Bike Route
PROPOSED BIKE CORRIDOR
Class II, III - Regional Bike Boulevard
44o. Connection to Regional Bicycle
Network (Mission Valley - Chula
CITY Vista Bikeway)
Future Class I, II, or III Bikeway*
• *^ Future Pedestrian Path*
IMINEME Sidewalk Gap
REGIONAL
Future BRT Station - SBBRT (2030)
e Bus Stop
— ,-, Future Class II or Class III Bikeway
Note: Bicycle Loop Detectors to be installed
at all signalized intersections
* Refer to Bicycle Master Plan
1'•750'
edestrian
EL To-jos. - Las Paiknoos Re i,o-s al, 6 4c4Jcl e 6 ai,
NATII ONAL CITY
GRANT AGREEMENT TEMPLATE - FOR INFORMATION ONLY
[SELECT APPLICABLE PROGRAM: TransNet SMART GROWTH INCENTIVE GRANT
PROGRAM OR TransNet ACTIVE TRANSPORTATION GRANT PROGRAM]
THIRD FUNDING CYCLE
GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND
[INSERT AGENCY/JURISDICTION NAME]
REGARDING [INSERT FULL PROJECT TITLE]
THIS GRANT AGREEMENT [AGREEMENT NUMBER] (Agreement) is made this [Day] day of
[Month], 2015, by and between the San Diego Association of Governments, 401 B Street, Suite 800,
San Diego, California, hereinafter referred to as SANDAG, and the [Grant Recipient and Address],
hereinafter referred to as Grantee. This agreement expires on [Month] [Day], [Year].
Note to Grant Recipient: This Agreement Template covers provisions for both the SGIP
and ATGP. Prior to contract execution, the Grant Agreement will be tailored to reflect the
applicable grant program.
Note to SANDAG Contracts Staff: Prior to internal routing, references to SGIP and ATGP
should be updated as applicable.
The following recitals are a substantive part of this Agreement:
Note to SANDAG Contracts Staff: Select either SGIP Recitals or ATGP Recitals.
Smart Growth Incentive Program (SGIP) Recitals (A - J):
A. The SANDAG Board of Directors allocates funds under the TransNet local sales tax program to
support local transportation -related infrastrutture projects in the San Diego region through a
corrl.e. ess.
B.
ransNet Ex -nsion 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 the Grantee's performance thereunder are subject to
Board Policy No. 35, which includes multiple "use it or lose it" provisions.
D. The SANDAG Board of Directors approved programming of approximately $12 million in
TransNet funds on December 19, 2014, by Resolution Number [insert Resolution Number].
E. On December 19, 2014, SANDAG issued a Call for Projects from local jurisdictions in San Diego
County wishing to apply for a portion of the TransNet SGIP funds for use on capital
improvement and planning projects meeting certain criteria.
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F. Grantee successfully applied for TransNet SGIP funding for the [Insert Project Name], as
described in Grantee's grant application. The Scope of Work, Project Schedule, and
Approved Project Budget are included as Attachment A.
Note to SANDAG Contracts Staff: Before finalizing this agreement for internal
SharePoint routing, obtain from SANDAG Finance and Planning staff the TransNet
MPO ID required to complete Recital G, below.
G. Grantee's Project is funded with [insert dollar amount] in TransNet SGIP funds and the
TransNet MPO ID for the Project is [insert ID number].
H. The purpose of this Agreement is to establish the terms and conditions for SANDAG to
provide Grantee with funding to implement the Project.
I. Although SANDAG will be providing financial assistance to Grantee to support the Project,
SANDAG will not take an active role or retain substantial control of the Project. Therefore,
this Agreement is characterized as a funding agreement rather than a cooperative
agreement.
J. Grantee understands that TransNet funds derive from retail transactions and use tax revenues
which fluctuate. SANDAG's funding commitment to SLIP Projects, including this Project, is
subject to these fluctuations, which may impact funding availability for this Project.
Active Transportation Grant Program (ATGP) Recitals (A - L):
A. The SANDAG Board of Directors allocates funds tinder the TransNet local sales tax program
and the Transportation Development Act (TDA) to support local bicycle and pedestrian
transportation projects in the San Diego region through a competitive process.
B. The TransNet Extension Ordinance contains provisions to fund the Bicycle, Pedestrian, and
Neighborhood Safety Program (BPNSP), which funding began on July 1, 2008. The BPNSP
encompasses bicycle and pedestrian travel projects and recognizes the comprehensive effort
to integrate smart growth place making, access to transit and environmental justice.
C. Article 3 of the TDA provides'funding for Bicycle and Pedestrian Facilities and Programs.
D. Together the TransNet BPNSP and TDA Article 3 funding are commonly referred to as the
SANDAG Active Transportation Grant Program (ATGP).
E. In January 2010, the SANDAG Board of Directors approved Board Policy No. 035 - Competitive
Grant Program Procedures (Board Policy No. 035), which is included as Attachment B. This
Grant Award, Agreement and the Grantee's performance thereunder are subject to
Board Policy No. 035, which includes multiple "use it or lose it" provisions.
F. The SANDAG Board of Directors approved programming of approximately $3 million in both
TransNet and TDA funds on December 19, 2014, by Resolution Number [insert Resolution
Number].
G. On [December 19, 2014], SANDAG issued a Call for Projects from local jurisdictions in
San Diego County wishing to apply for SANDAG ATGP funds for use on capital improvement
and planning projects meeting certain criteria.
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H. Grantee successfully applied for ATGP Funding for the [Insert Project Name] (Project), as
described in Grantee's grant application. The Scope of Work, Project Schedule, and
Approved Project Budget are included as Attachment A.
Note to SANDAG Contracts Staff: Before finalizing this agreement for internal
routing, obtain from SANDAG Finance and Planning staff the TDA Claim Number or
TransNet MPO ID required to complete Recital I, below.
Grantee's Project is funded with [insert dollar amount] in ATGP funds, which includes [insert
dollar amount] in TransNet BPNSP funds and [insert dollar amount] in TDA funds, and the
TransNet MPO ID for the Project is [insert ID number] and the TDA Claim Number is [insert
claim number].
J. The purpose of this Agreement is to establish the terms and conditions for SANDAG to
provide Grantee with funding to implement the Project.
K. 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.
L. Grantee understands that TransNet funds derive from retail transactions and use tax revenues
which fluctuate. SANDAG's funding commitment to ATGP Projects, including this Project, is
subject to these fluctuations, which may impact funding availability for this Project.
NOW, THEREFORE, it is agreed as follows:
I. DEFINITIONS
A. Application. The signed and dated grant application, including any amendment thereto,
with all explanatory, supporting, and supplementary documents filed with SANDAG by or on
behalf of the Grantee and accepted or approved by SANDAG. All of Grantee's application
materials, not in conflict with this Agreement, are hereby incorporated into this Agreement
as though fully set forth herein.
B. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in
typewritten hard copy or electronically) of a SANDAG official authorized to permit the
Grantee to take or omit an action required by this Agreement, which action may not be taken
or omitted without such written permission. Except to the extent that SANDAG determines
otherwise in writing, such approval, authorization, concurrence, or waiver permitting the
performance or omission of a specific action does not constitute permission to perform or
omit other similar actions. An oral permission or interpretation has no legal force or effect.
C. Approved Project Budget. The most recent statement of the costs of the Project, the
maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the
specific tasks (including specific contingencies) covered, and the estimated cost of each task,
that has been approved by SANDAG. The Approved Project Budget is included in
Attachment A.
Note to Grant Recipient: Only the applicable grant program will be referenced here.
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Note to SANDAG Contracts Staff: Choose the appropriate program here.
D. [SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the SGIP.]
OR [ATGP Funds and Funding. Funding from the TransNet BPNSP and TDA Article 3 funds.]
E. Grantee. The local jurisdiction that is the recipient of [SGIP or ATGP] funding under this
Agreement.
F. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing
the Grantee to proceed with all or a portion of the work described in the Scope of Work.
Grantee shall not proceed with the work and shall not be eligible to receive payment for
work performed prior to SANDAG's issuance of a Notice to Proceed.
G. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds
flowing from this Agreement for the Project.
II. PROJECT IMPLEMENTATION
A. General. The Grantee agrees to carry out the Project as follows:
1. Project Description. Grantee agrees to perform the work as described in the
Scope of Work included as Attachment A.
2. Effective Date. The effective date of this Agreement or any amendment hereto is the
date on which this Agreement or an amendment is fully executed. The Grantee agrees
to undertake Project work promptly after receiving a Notice to Proceed from SANDAG.
3. Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal,
financial, technical, and managerial capacity to: (a) plan, manage, and complete the
Project and provide for the use of any Project property; (b) carry out the safety and
security aspects of the Project; and (c) comply with the terms of the Agreement and all
applicable laws, regulations, and policies pertaining to the Project and the Grantee,
including but not limited to the TransNet Extension Ordinance and Board Policy
No. 035.
4. Project Schedule. The Grantee agrees to complete the Project according to the
Project Schedule included in Attachment A and in compliance with Board Policy
No. 035, as amended, and included as Attachment B.
5. Project Implementation and Oversight. Grantee agrees to comply with the
Project Implementation and Oversight Requirements, included as Attachment C, and
Board Policy No. 035, as amended.
6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee
based on the application submitted by Grantee, which contained representations by
Grantee regarding project parameters, project proximity to transit, and other criteria
relevant to evaluating and ranking the Project based on SANDAG [SGIP or ATGP]
scoring criteria. Any substantive deviation from Grantee's representations in the
Application during project implementation may require reevaluation or result in loss of
funding. If Grantee knows or should have known that substantive changes to the
Project will occur or have occurred, Grantee will immediately notify SANDAG in writing.
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SANDAG will then determine whether the Project is still consistent with the overall
objectives of the [SGIP or ATGP] and whether the changes would have negatively
affected the Project ranking during the competitive grant evaluation process. SANDAG
reserves the right to have [SGIP or ATGP] Funding withheld from Grantee, or refunded
to SANDAG, due to Grantee's failure to satisfactorily complete the Project or due to
substantive changes to the Project.
7. Media and Community Outreach Coordination. The Grantee agrees notify
SANDAG of any media and community outreach efforts, including presentations to
community groups, other agencies, and elected officials. The Grantee agrees to assist
SANDAG with media or community events related to the Project, such as ground
breaking and ribbon cutting. Press materials shall be provided to SANDAG staff before
they are distributed. SANDAG logo(s) should be included in press materials and other
project collateral, but may never be included in such documents without advance
approval from SANDAG.
As part of the quarterly reports submitted to SANDAG, the Grantee agrees to provide
project milestone information to support media and communications efforts. SANDAG
reserves the right to use the information provided by the Grantee for any combination
of the following, including but not limited to: social media posts, online photo albums,
videos, press releases, PowerPoint presentations, web updates, newsletters, and
testimonials. In submitting photos to SANDAG, the Grantee agrees to release the rights
of the photos to SANDAG for its use.
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.
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, the Grantee must comply with the federal or state law and
implementing regulations. No provision of this Agreement requires the Grantee to observe or
enforce compliance with any provision, perform any other act, or do any other task in
contravention of federal, state, territorial, or local law, regulation, or ordinance. If
compliance with any provision of this Agreement violates or would require the Grantee to
violate any law, the Grantee agrees to notify SANDAG immediately in writing. Should this
occur, SANDAG and the Grantee agree that they will make appropriate arrangements to
proceed with or, if necessary, terminate the Project or affected portions thereof
expeditiously.
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C. Notice Regarding Prevailing Wages. SANDAG's [SGIP or ATGP] Grants are funded with
TransNet revenues consistent with the TransNet Extension Ordinance adopted by the voters in
November 2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not
require payment of prevailing wages, California law may require that Grantee's public works
projects pay prevailing wages for workers. Grantee acknowledges that SANDAG has strongly
encouraged Grantee to seek legal counsel regarding whether the Project will be subject to
prevailing wage laws consistent with Labor Code Section 1720, et seq. This Agreement
requires Grantee's compliance with all federal, state, and local laws and ordinances as
applicable.
D. Significant Participation by a Subgrantee. Although the Grantee may delegate any or
almost all Project responsibilities to one or more subgrantees, the Grantee agrees that it,
rather than any subgrantee, is ultimately responsible for compliance with all applicable laws,
regulations, and this Agreement.
E. Third Party Contracting. Grantee shall not award contracts over three thousand dollars
($3,000) on the 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
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 the
Grantee is expected to fulfill any responsibilities typically performed by the Grantee,
the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as
set forth in this Agreement.
2. Documents Affected. The applicability provisions of laws, regulations, and policies
determine the extent to which those provisions affect an entity (such as a subgrantee)
participating in the Project through the Grantee. Thus, the Grantee agrees to use a
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written document to ensure that each entity participating in the Project complies with
applicable laws, regulations, and policies.
3. Flowdown. The Grantee agrees to include in each document (subagreement, lease,
third -party contract, or other) any necessary provisions requiring the Project participant
(third -party contractor, subgrantee, or other) to impose applicable laws, Agreement
requirements and directives on its subgrantees, lessees, third -party contractors, and
other Project participants at the lowest tier necessary.
G. No SANDAG Obligations to Third -Parties. In connection with the Project, the Grantee
agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee,
lessee, third -party contractor, or other person or entity that is not a party to the Agreement
for the Project. Notwithstanding that SANDAG may have concurred in or approved any
solicitation, subagreement, lease, or third -party contract at any tier, SANDAG has no
obligations or liabilities to any entity other than the Grantee, including any subgrantee,
lessee, or third -party contractor at any tier.
H. Changes in Project Performance. The Grantee agrees to notify SANDAG immediately, in
writing, of any change in local law, conditions (including its legal, financial, or technical
capacity), or any other event that may adversely affect the Grantee's ability to perform the
Project in accordance with the terms of the Agreement and as required by Board Policy
No. 035. The Grantee also agrees to notify SANDAG immediately, in writing, of any current or
prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's
interests in the Project; and agrees to inform SANDAG, also in writing, before naming
SANDAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee
agrees to send each notice to SANDAG required by this subsection to SANDAG's Office of
General Counsel.
Standard of Care. The Grantee expressly warrants that the work to be performed pursuant
to this Agreement shall be performed in accordance with the applicable standard of care.
Where approval by SANDAG, its Executive Director, or other representative of SANDAG is
indicated in the Scope of Work, it is understood to be conceptual approval only and does not
relieve the Grantee of responsibility for complying with all laws, codes, industry standards,
and liability for damages caused by negligent acts, errors, omissions, noncompliance with
industry standards, or the willful misconduct of the Grantee or its subgrantees.
III. ETHICS
A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a
written code of conduct or standards of conduct that shall govern the actions of its officers,
employees, council or board members, or agents engaged in the award or administration of
subagreements, leases, or third -party contracts supported with [SGIP or ATGP] Funding. The
Grantee agrees that its code of conduct or standards of conduct shall specify that its officers,
employees, council or board members, or agents may neither solicit nor accept gratuities,
favors, or anything of monetary value from any present or potential subgrantee, lessee, or
third -party contractor at any tier or agent thereof. The Grantee may set de minimis rules
where the financial interest is not substantial, or the gift is an unsolicited item of nominal
intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also
prohibit its officers, employees, board members, or agents from using their respective
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positions in a manner that presents a real or apparent personal or organizational conflict of
interest or personal gain. As permitted by state or local law or regulations, the Grantee
agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or
other disciplinary actions for violations by its officers, employees, council or board members,
or their agents, or its third -party contractors or subgrantees or their agents.
1. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or
standards of conduct shall prohibit the Grantee's employees, officers, council or board
members, or agents from participating in the selection, award, or administration of any
third -party contract or subagreement supported by [SGIP or ATGP] Funding if a real or
apparent conflict of interest would be involved. Such a conflict would arise when an
employee, officer, board member, or agent, including any member of his or her
immediate family, partner, or organization that employs, or intends to employ, any of
the parties listed herein has a financial interest in a firm competing for award.
2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or
standards of conduct shall include procedures for identifying and preventing real and
apparent organizational conflicts of interest. An organizational conflict of interest
exists when the nature of the work to be performed under a proposed third -party
contract or subagreement may, without some restrictions on future activities, result in
an unfair competitive advantage to the third -party contractor or subgrantee or impair
its objectivity in performing the contract work.
B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts
of interest. These policies apply to Grantee. For.aII awards by SANDAG, any practices which
might result in unlawful activity are prohibited including, but not limited to, rebates,
kickbacks, or other unlawful considerations. SANDAG staff members are specifically
prohibited from participating in the selection process when those staff have a close personal
relationship, family relationship, or past (within the last 12 months), present, or potential
business or employment relationship with a person or business entity seeking a contract with
SANDAG. It is unlawful for any contract to be made by SANDAG if any individual
Board member or staff has a prohibited financial interest in the contract. Staff are also
prohibited from soliciting or accepting gratuities from any organization seeking funding from
SANDAG. SANDAG's officers, employees, agents, and Board members shall not solicit or
accept gifts, gratuities, favors, or anything of monetary value from consultants, potential
consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it
has no knowledge of en ethical violation by SANDAG staff or Grantee. If Grantee has any
reason to believe a conflict of interest exists with regard to the Agreement or the Project, it
should notify the SANDAG Office of General Counsel immediately.
C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any
bonus or commission to obtain approval of its [SGIP or ATGP] Funding application for the
Project.
D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by
executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and
accuracy of each statement it has made, it makes, or it may make in connection with the
Project, including, but not limited to, the Grantee's grant application, progress reports and
invoices.
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IV. AMOUNT OF FUNDING ASSISTANCE
The Grantee agrees that SANDAG will provide [SGIP or ATGP] Funding for the Project equal to the
smaller of the following amounts: (a) the Maximum SANDAG Amount Approved of $M11,111 , or
(b) the amount calculated in accordance with the Maximum Percentage(s) of SANDAG Participation,
which is percent ( %). SANDAG's responsibility to make payments under this Agreement is
limited to the amounts listed in the Approved Project Budget for the Project. Grantee's estimate in
its application for funding from SANDAG for the Project is the amount that forms the basis upon
which SANDAG determines the Maximum SANDAG Amount Awarded and Maximum Percentage(s)
of SANDAG Participation.
V. MATCHING FUNDS
Grantee has proposed to provide matching funds for the Project and therefore agrees as follows:
A. Duty to Obtain Matching Funds. The Grantee agrees to provide sufficient funds or
approved in -kind resources, together with the [SGIP or ATGP] Funding awarded, that will
assure payment of the actual cost of each Project activity covered by this Agreement. The
amount of matching funds and percentage(s) of matching funds Grantee shall provide are set
forth in the Approved Project Budget. The Grantee agrees to complete all proceedings
necessary to provide its share of the Project costs at or before the time the matching funds
are needed for Project costs.
B. Prompt Payment of Matching Funds. The Grantee agrees to provide the proportionate
amount of the matching funds promptly as it incurs Project costs or Project costs become due.
Each of Grantee's invoices must include its pro-rata matching fund contribution as reflected in
the Approved Project Budget, along with supporting, descriptive and/or explanatory
documentation for the matching funds provided.
C. Reduction of Matching Funds. The Grantee agrees that no refund or reduction of the
amount of matching funds may be made unless, at the same time, a reduction of the
proportional amount of the [SGIP or ATGP] 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, the Grantee agrees as follows:
The Grantee and SANDAG have agreed to a Project budget that is designated the "Approved
Project Budget." The Grantee will incur obligations and make disbursements of Project funds only
as authorized by the Approved Project Budget. An amendment to the Approved Project Budget
requires the issuance of a formal amendment to the Agreement, unless the re -allocation of funds
among budget items or fiscal years that not increase the total amount of the [SGIP or ATGP]
Funding awarded for the Project, does not negatively impact the benefits obtained from the
Project, and is consistent with applicable laws, regulations, and policies. Prior written SANDAG
Project Manager approval is required for transfers of funds between Approved Project Budget line
items.
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VII. PAYMENTS
A. Grantee's Request for Payment When Matching Funds Are Required. The Grantee will
demonstrate or certify that it will provide adequate matching funds such that, when
combined with payments from SANDAG, will cover all costs to be incurred for the Project.
Except to the extent that SANDAG determines, in writing, that the Grantee may defer its
provision of matching funds for the Project, a Grantee is required under the terms of this
Agreement to provide matching funds for the Project and agrees that it will not:
1. Request or obtain matching funds exceeding the amount justified by the matching
share previously provided, or
2. Take any action that would cause the proportion of [SGIP or ATGP] Funding made
available to the Project at any time to exceed the percentage authorized by the
Agreement for the Project.
B. Payment by SANDAG. Upon receiving a request for payment and adequate supporting
information, SANDAG will make payment, [or for projects with TDA funding, authorize the
County of San Diego to make payment] for eligible amounts to Grantee within thirty (30)
days if Grantee has complied with the requirements of the Agreement, including submission
of a Quarterly Report which is included as Attachment D, has satisfied SANDAG that the
[SGIP or ATGP] Funding requested is needed for Project purposes in that requisition period,
and is making adequate progress toward Project completion consistent with Board Policy
No. 035. After the Grantee has demonstrated satisfactory compliance with the preceding
requirements, SANDAG may reimburse the Grantee's apparent allowable costs incurred
consistent with the Approved Project Budget. SANDAG shall retain ten percent (10%) from
the amounts invoiced until satisfactory completion of work. SANDAG shall promptly release
retention amounts to Grantee following Grantee's satisfactory completion of work and
receipt of Grantee's final invoice and all required documentation.
C. Eligible Costs. The Grantee agrees that Project costs eligible for [SGIP or ATGP] Funding
must comply with the following requirements, unless SANDAG determines otherwise in
writing. To be eligible for reimbursement, Project costs must be:
1. Consistent with the Project Scope of Work, the Approved Project Budget, and other
provisions of the Agreement.
2. Necessary in order to accomplish the Project.
3. Reasonable for the goods or services purchased.
4. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other
items of value received by the Grantee that have the effect of reducing the cost
actually incurred, excluding program income).
5. Incurred for work performed, only on a reimbursement basis, after both the
Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed
from SANDAG.
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6. Satisfactorily documented with supporting documentation which is to be submitted
with each invoice.
7. Treated consistently in accordance with generally accepted accounting principles and
procedures for the Grantee and any third -party contractors and subgrantees,
(see Section 6 Accounting Records).
8. Eligible for [TransNet or TransNet and TDA] Funding as part of the [SGIP or ATGP].
9. Indirect Costs are only allowable with prior SANDAG approval. Grantee must submit the
following documentation as part of the grant application materials: (1) an indirect cost
allocation audit approved by a qualified independent auditor or (2) the applicant's
proposed method for allocating indirect costs in accordance with OMB guidelines.
Indirect cost allocation plans must be reviewed and renewed annually.
10. Project generated revenue realized by the Grantee shall be utilized in support of the
Project. Project generated revenue and expenditures, if any, shall be reported at the
end of the Agreement period.
D. Excluded Costs
1. In determining the amount of [SGIP or ATGP] Funding SANDAG will provide for the
Project, SANDAG will exclude:
a. Any Project cost incurred by the Grantee before either the date SANDAG issues a
Notice to Proceed to Grantee or the Effective Date of the Agreement or any
Amendment thereto;
b. Any cost that is not included in the latest Approved Project Budget;
c. Any cost for Project property or services received in connection with a
subagreement, lease, third -party Contract, or other arrangement that is required
t but has not been, concurred in or approved in writing by SANDAG; and
,,
Any ost ineligible for SANDAG participation as provided by applicable laws,
regulations, or policies.
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.
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.
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c. Where roadway design standards require a roadway shoulder width at least as
wide as would be required for a standard bike lane, the cost of the shoulder
construction will not be eligible. Appropriate bikeway signage is eligible.
d. Under some circumstances, it may be necessary to remove and replace curb and
gutter, driveway ramps, drainage facilities and other existing improvements in
order to construct a bikeway or sidewalk. In such cases the cost of this work is
most likely eligible, but claimants should carefully document why this is so in the
claim submittal.
E. The Grantee understands and agrees that payment to the Grantee for any Project cost does
not constitute SANDAG's final decision about whether that cost is allowable and eligible for
payment under the Project and does not constitute a waiver of any violation by the Grantee
of the terms of the Agreement for the Project or Board ,Policy No. 035. The Grantee
acknowledges that SANDAG will not make a final determination about the allowability and
eligibility of any cost until the final payment has been made on the Project or the results of
an audit of the Project requested by SANDAG or its Independent Taxpayers' Oversight
Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that
the Grantee is not entitled to receive any portion of the ESGIP or ATGP] Funding requested or
paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that
Project closeout will not alter the Grantee's responsibility to return any funds due to SANDAG
as a result of later refunds, corrections, performance deficiencies, or other similar actions; nor
will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the
Project on the basis of a later audit or other review. Upon notification to the Grantee that
specific amounts are owed to SANDAG, whether for excess payments of ESGIP or ATGP]
Funding, disallowed costs, or funds recovered from third parties or elsewhere, the Grantee
agrees to promptly remit to SANDAG the mounts owed, including applicable interest,
penalties and 'administrative charges.
VIII. ACCOUNTING RECORDS
In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows:
A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a
separate set of accounts or separate accounts within the framework of an established
accounting system that can be identified with the Project. The Grantee also agrees to
maintain documentation of all checks, payrolls, invoices, contracts, vouchers, orders, or other
accounting documents related in whole or in part to the Project so that they may be clearly
identified, readily accessible, and available to SANDAG upon request and, to the extent
feasible, kept separate from documents not related to the Project.
B. Documentation of Project Costs and Program Income. Except to the extent that
SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to
the Project, including any approved services or property contributed by the Grantee or others,
with properly executed payrolls, time records, invoices, contracts, or vouchers describing in
detail the nature and propriety of the charges, including adequate records to support the
costs the Grantee has incurred underlying any payment in which SANDAG has agreed to
participate in based upon a payable milestone.
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IX. REPORTING, RECORD RETENTION, AND ACCESS
A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by law and
regulation, policy, this Agreement, and any other reports SANDAG may specify.
B. Report Formats. The Grantee agrees that all reports and other documents or information
intended for public availability developed in the course of the Project and required to be
submitted to SANDAG must be prepared and submitted in electronic and/or typewritten hard
copy formats, as SANDAG may specify. SANDAG reserves the right to specify that records be
submitted in particular formats.
C. Record Retention. During the course of the Project and for three years thereafter from the
date of transmission of the final expenditure report, the Grantee agrees to maintain, intact
and readily accessible, all data, documents, reports, records, contracts, and supporting
materials relating to the Project, as SANDAG may require.
D. Access to Records of Grantees and Subgrantees. The Grantee agrees to permit, and
require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to
inspect all Project work, materials, payrolls, and other data, and to audit the books, records,
and accounts of the Grantee and its subgrantees pertaining to the Project.
E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and
record retention requirements of this Agreement.
F. Quarterly Reports. Grantee shall submit written quarterly reports to SANDAG detailing the
progress of its work, expenditures incurred, and information regarding whether the Project is
projected to be completed within the limits of the Approved Project Budget,
Project Schedule, and consistent with Board Policy No. 035 and any policy amendments
thereto. Grantee shall document the progress and results of work performed under this
Agreement to the satisfaction of SANDAG. This includes progress and final reports, plans,
specifications, estimates, and other evidence of attainment of the Agreement objectives,
which are requested by $ANDAG or ITOC. Grantee may be required to attend meetings of
SANDAG staff and committees, including but not limited to ITOC, the Regional Planning
Committee, the Transportation Committee, and the SANDAG Board of Directors, to report on
its progress and respond to questions.
G. Communities Served Data and Report. If requested, Grantee shall provide SANDAG with
data regarding how the Project's benefits and burdens were equitably distributed among
socio and economic populations in the area affected by the Project, and associated smart
growth data.
X. Project Completion, Audit, Settlement, and Closeout
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses
and final reports, as applicable. All payments made to the Grantee shall be subject to review
for compliance by SANDAG with the requirements of this Agreement and shall be subject to
an audit upon completion of the Project.
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B. Project Audit.
Note to Grant Recipient: Only the applicable sections will be included.
Note to SANDAG Contracts Staff: Please choose the appropriate:
For TransNet-funded projects:
The Grantee agrees to have financial and compliance audits performed as SANDAG may
require consistent with the TransNet Extension Ordinance. The Grantee agrees that Project
closeout will not alter the Grantee's audit responsibilities. Audit costs are allowable Project
costs.
For TDA-funded projects:
The Grantee agrees to have financial and compliance audits performed as SANDAG may
require consistent with Public Utilities Code Section 99245, for TDA funds; and consistent with
the TransNet Extension Ordinance for TransNet funds. The Grantee agrees that Project
closeout will not alter the Grantee's audit responsibilities. Audit costs are allowable Project
costs.
C. Performance Audit. The Grantee agrees to cooperate with SANDAG 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 the Grantee that SANDAG
has closed the Project, and, if applicable, either forwards the final [SGIP or ATGP] Funding
payment and or acknowledges that the Grantee has remitted the proper refund. The Grantee
agrees that Project closeout by SANDAG does not invalidate any continuing requirements
imposed by the Agreement or any unmet requirements set forth in a written notification
from SANDAG.
E. Project Use. Grantee was awarded this Agreement based on representations in its grant
application regarding the Project's intended use. If the Project is a capital project, Grantee
hereby commits to continued use of the Project for the purposes stated in its application for a
period of at least five years after completion of construction. SANDAG may require Grantee
to refund SGIP funding provided for the Project in the event Grantee fails to utilize the
Project for its intended purposes as stated in the grant application or for any disallowed costs.
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.
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B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates
difficulty in complying with the Project Schedule, the Grantee shall immediately notify the
SANDAG Project Manager in writing, and shall provide pertinent details, including the
reason(s) for the delay in performance and the date by which Grantee expects to complete
performance or delivery. This notification shall be informational in character only and receipt
of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or
any rights or remedies provided by this Agreement, including Board Policy No. 035
requirements.
C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any
part of the [SGIP or ATGP] Funding to be provided for the Project if the Grantee has violated
the terms of the Agreement, or Board Policy No. 035, or if SANDAG determines that the
purpose of the laws or policies authorizing the Project would not be adequately served by the
continuation of [SGIP or ATGP] Funding for the Project.
D. In general, termination of [SGIP or ATGP] Fundiii r the Project will not invalidate
obligations properly incurred by the Grantee before the termination date to the extent those
obligations cannot be canceled. If, however, SANDAG determines that the Grantee has
willfully misused [SGIP or ATGP] Funding by failing to make adequate progress; or failing to
comply with the terms of the Agreement, SANDAG reserves the right to require the Grantee
to refund to SANDAG the entire amount of [SGIP or ATGP] Funding provided for the Project
or any lesser amount as SANDAG may determine.
E. Expiration of any Project time period established in the Project'Schedule will not, by itself,
automatically constitute an expiration or termination of the Agreement for the Project,
however, Grantee must request and SANDAG may agree to amend the Agreement in writing
if the Project Schedule will not be met. An amendment to the Project Schedule may be made
at SANDAG's discretion if Grantee's request is consistent with the provisions of Board Policy
No. 035.`
XII. CIVIL RIGHTS
".‘":74+1
Grantee agrees to comply with all applicable civil rights laws, regulations and policies and shall
include the provisions of this Section 12 in each subagreement, lease, third party contract or other
legally binding document to perform work funded by this Agreement. Applicable civil rights laws,
regulations and policies include, but are not limited to, the following:
A. Nondiscrimination. SANDAG implements its programs without regard to income level,
disability, race, color, and national origin in compliance with the Americans with Disabilities
Act and Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds,
notify the public of their rights under these laws, and utilize a process for addressing
complaints of discrimination. Furthermore, Grantee shall make the procedures for filing a
complaint available to members of the public and will keep a log of all such complaints.
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,
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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
and are made a part hereof as if set forth in full. Grantee and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with which they
have a collective bargaining or other agreement.
XIII. OWNERSHIP OF WORK PRODUCT
SANDAG shall own any deliverables created in whole or in part for SANDAG's benefit pursuant to
the Scope of Work for the Project. The term "deliverables" includes, but is not limited to, all
original drawings, reports, photos, and other documents, including detailed calculations and other
work product developed for the Project or services performed on the Project.
XIV. DISPUTES AND VENUE
A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the
State of California.
B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the
performance of this Agreement, Grantee shall continue to perform unless SANDAG informs
Grantee in writing to cease performance. The dispute resolution process for disputes arising
under this Agreement shall be as follows:
Grantee shall submit a statement of the grounds for the dispute, including all
pertinent dates, names of persons involved, and supporting documentation, to
SANDAG's Project Manager. The Project Manager and other appropriate SANDAG staff
will review the documentation in a timely manner and reply to Grantee within twenty
(20) calendar days. Upon receipt of an adverse decision by SANDAG, Grantee may
submit a request for reconsideration to SANDAG's Executive Director. The request for
reconsideration must be received within ten (10) calendar days from the postmark date
of SANDAG's reply. The Executive Director will respond to the request for
reconsideration within ten (10) working days. The decision of the Executive Director
will be in writing.
2. If Grantee is dissatisfied with the results following exhaustion of the above dispute
resolution procedures, Grantee shall make a written request to SANDAG for appeal to
the SANDAG Regional Planning Committee for SGIP projects or to the SANDAG
Transportation Committee for ATGP projects. SANDAG shall respond to a request for
mediation within thirty (30) calendar days. The decision of the Regional Planning
Committee or Transportation Committee shall be final.
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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 ovation) this Agreement or
any rights under or interest in this Agreement.
XVI. INSURANCE
Grantee shall procure and maintain during the period o . erformance of this Agreement, and for
twelve (12) months following completion, policie insurance from insurance companies
authorized to do business in the State of Californi w° 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 SANDAL 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:
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 thirty
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(30) days advance written notice to SANDAG. For purposes of this notice requirement, any
material change in the policy prior to its expiration shall be considered a cancellation.
XVII. INDEMNIFICATION AND HOLD HARMLESS
A. Generally. With regard to any claim, protest, or litigation arising from or related to the
Grantee's performance in connection with or incidental to the Project or this Agreement,
Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers,
Board members, and employees harmless from and against any and all claims, including, but
not limited to prevailing wage claims against the Project, asserted or established liability for
damages or injuries to any person or property, including, injury to the Grantee's or its
subgrantees' employees, agents, or officers, which arise from or are connected with or are
caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the
Grantee and its subgrantees and their agents, officers, or employees, in performing the work
or services herein, and all expenses of investigating and defending against same, including
attorney fees and costs; provided, however, that the Grantee's duty to indemnify and hold
harmless shall not include any claims or liability arising from the established sole negligence
or willful misconduct of SANDAG, its Board of Directors, agents, officers, or employees.
B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save,
and hold harmless SANDAG and its Board of Directors, officers, agents, and employees acting
within the scope of their official duties against any liability, including costs and expenses,
resulting from any willful or intentional violation by the Grantee of proprietary rights,
copyrights, or right of privacy, arising out of the publication, translation, reproduction,
delivery, use, or disposition of any data furnished under the Project. The Grantee shall not be
required to indemnify SANDAG for any such liability caused solely by the wrongful acts of
SANDAG employees or agents.
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.
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XIX. SEVERABILITY AND INTEGRATION
If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not
be affected if that remainder would continue to conform to the requirements of applicable laws or
regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to
those matters contained in it. No prior oral or written understanding shall be of any force or effect
with respect to those matters covered hereunder. This Agreement may not be modified or altered
except in writing, signed by SANDAG and the Grantee.
XX. PROJECT MANAGER
The Grantee has assigned [INSERT PROJECT MANAGER NAME] 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.
XXI. NOTICE
Any notice or instrument required to be given or delivered by this Agreement may be given or
delivered by depositing the same in any United States Post Office, registered or certified, postage
prepaid, addressed to:
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Attn: Susan Baldwin / Suchi Mukherjee
Grantee:
[LOCAL AGENCY NAME]
[LOCAL AGENCY ADDRESS]
Attn: [LOCAL AGENCY PROJECT MANAGER]
Notice shall be effective upon rec ipe pt thereof.
Note to SANDAG Contracts Staff: After receiving this original agreement back from the
Grantee and before routing the original agreement for final SANDAG "wet" signatures,
confirm with SANDAG Finance and Planning staff that the applicable RTIP has been
approved.
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XXII. SIGNATURES
The individuals executing this Agreement represent and warrant that they have the legal capacity
and authority to do so on behalf of their respective legal entities.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written
above.
SAN DIEGO ASSOCIATION OF GOVERNMENTS [INSERT JURISDICTION]
GARY L. GALLEGOS OR DESIGNEE
Executive Director
[Full Name]
[Title]
APPROVED AS TO FORM: APPROVED AS TO FORM:
Office of General Counsel
31
[Full Name]
[Title]
_21_
ATTACHMENT A
SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET
Project Location
(SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD,
CORRIDORS, AND INTERSECTIONS)
Project Description
[PROJECT TYPE (DESIGN AND/OR CONSTRUCTION, MASTER PLAN, ETC.), TYPES OF
IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS]
(INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET)
TransNet MPO ID NO.
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ATTACHMENT B
BOARD POLICY NO. 035
COMPETITIVE GRANT PROGRAM PROCEDURES
Applicability and Purpose of Policy
This Policy applies to all grant programs administered through SANDAG, whether from TransNet or
another source, including but not limited to the Smart Growth Incentive Program, Environmental
Mitigation Program, Bike and Pedestrian Program, Senior Mini Grant Program, Federal Transit
Administration grant programs, and Active Transportation Grant Program.
Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or
contract documents that conflict with the requirements in this Policy. There are never enough
government grant funds to pay for all of the projects worthy of funding in the San Diego region.
For this reason, SANDAG awards grant funds on a competitive basis that takes the grantees' ability
to perform their proposed project on a timely basis into account. SANDAG intends to hold grantees
accountable to the project schedules they have proposed in order to ensure fairness in the
competitive process and encourage grantees to get their projects implemented quickly so that the
public can benefit from the project deliverables as soon as possible.
Procedures
1. Project Milestone and Completion Deadlines
1.1. When signing a grant agreement for a competitive program funded and/or
administered by SANDAG, grant recipients must agree to the project delivery objectives and
schedules in the agreement. In addition, a grantee's proposal must contain a schedule that
falls within the following deadlines. Failure to meet the deadlines below may result in
revocation of all grant funds not already expended. The final invoice for capital, planning,
or operations grants must be submitted prior to the applicable deadline.
1.1.1. Funding for Capital Projects. If the grant will fund a capital project, the
project must be completed according to the schedule provided in the grant
agreement, but at the latest, any necessary construction contract must be awarded
within two years following execution of the grant agreement, and construction
must be completed within eighteen months following award of the construction
contract. Completion of construction for purposes of this policy shall be when the
prime construction contractor is relieved from its maintenance responsibilities. If no
construction contract award is necessary, the construction project must be complete
within eighteen months following execution of the grant agreement.
1.1.2. Funding for Planning Grants. If the grant will fund planning, the project
must be completed according to the schedule provided in the grant agreement, but
at the latest, any necessary consultant contract must be awarded within one year
following execution of the grant agreement, and the planning project must be
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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 Vehicl Grants. If thewill fund equipment
or vehicles, the project must be comple according to the s rule provided in the
grant agreement, but at the latest, any necessary purchase con ". for equipment
or vehicles must be awarded within one year following execu z -`: of the grant
agreement, and use of the equipment or vehicles for the benefit of he 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 prdet 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 Sectiort 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. grantee seeking an extension must document previous efforts undertaken
to maintain the project schedule, explain the reasons for the delay, explain why the
delay is unavoidable, and demonstrate an ability to succeed in the extended time
frame the grantee proposes.
2.1.3. If the Executive Director denies an extension request under this Section 2,
the grantee may appeal within ten business days of receiving the Executive
Director's response to the responsible Policy Advisory Committee by sending the
appeal to the SANDAG Program Manager.
34
-24-
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 , hat were already granted
extensions by the Executive Director and are again falbehind schedule), will be
considered by the Policy Advisory Committee upon r gest to the SANDAG Program
Manager.
3.2 A grantee seeking an extension must document previ efforts undertaken to
maintain the project schedule, explain the reasons for the delay, lain why the delay is
unavoidable, and demonstrate an ability to succeed in the extended tiframe the grantee
proposes. The grantee must provide the necessary information to SAND A }--'ff 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 circurrCi+ s 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
execution. Failure to meet the requirements in this Subsection 4.2 may result in revocation
of the grant award.
35
-25-
5. Increased Availability of Funding Under this Policy
5.1. Grant funds made available as a result of the procedures in this Policy may be
awarded to the next project on the recommended project priority list from the most recent
project selection process, or may be added to the funds available for the next project
funding cycle, at the responsible Policy Advisory Committee's discretion. Any project that
loses funding due to failure to meet the deadlines specified in this Policy may be
resubmitted to compete for funding in a future call for grant applications.
Adopted: January 2010
Amended: November 2014
36
-26-
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 five thousand dollars ($5,000) for data collection. For questions or
assistance with data collection, contact Christine Eary at Christine.Eary@sandag.org, or
(619) 699-6928.
3. Design Development and Community Meetings: Grantee must provide SANDAG with
advance notice (preferably within two weeks) and agendas of all design development and
community meetings, and a meeting summary following the meeting. SANDAG staff may attend
any meetings as appropriate.
37
-27-
4. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to
SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG
staff may meet with the Grantee to comment on submitted plans and assure substantial
conformance. SANDAG may comment on submitted plans regarding:
• Whether they are consistent with the Project proposed in the original grant application, and
• Consistency with accepted pedestrian/bicycle facility and smart growth design standards.
5. Quarterly Reports and Invoices: Grantee must submit quarterly reports and invoices to
SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending
issues and actions toward resolution, and status of budget and 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. ken from similar angles to showcase how a
particular area has been transformed over time.
• Project milestone photos (such as ground-breakings and r1'6bon-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.
38
-28-
Planning and Non -Capital Grants
1. Contact Information. Grantee must provide SANDAG with contact information for the project
manager. Grantee must provide SANDAG with updated contact information in a timely manner if
there are any changes to staff assigned.
2. Request for Proposals and Consultant Selection. Upon request by SANDAG, Grantee must
submit consultant draft Request for Proposals to SANDAG staff for review and comment for
consistency with the agreed upon Scope of Work with SANDAG (Attachment A).
3. Quarterly Reports. Grantee must submit quarterly reports to 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.
39
-29-
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 FO,ItFREPORTING PERIOD
1. Work Accomplished This Reporting Period
[INSTRUCTIONS: Replace this te with a detail'' description of work completed and
underway during the reporting 'ws� n a bullet for deference specific tasks.]
Example:
• Task 1 - Award,Consultant Cantract:,lslued RFP and convened a selection panel of 5
member from the City, MTS, 'TCD`-and SANDAG to shortlist 3 of 9 firms. The panel
intervi wed the 3,firms and se cted XYZ Group for this project. The City Council
appr ved 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 — Et\
2. Deliverables Produced This Reporting Period
[INSTRUC`f]ONS:,Summarize the deliverables produced during this period and indicate the
date submit S :prSANDAG. Deliverables can be submitted as an attachment to this report.
See Item 5 for ore details.]
Example:
• Final RFP — Submitted in December 2014.
• Approved Consultant Contract and Kick -Off Meeting Notes — Submitted with this
report. Please see accompanying list of attachments.
3. Is there an accompanying invoice for this period?
40
-30-
[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 documents4ched 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 Dcumentation
•
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
jmm/dd/yy]
[rnm/dd/yy]
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[mm/dd/yy]
[mm/dd/yy]
Task 3:
Policy No.
035
Milestone
[mm/dd/yy]
[mm/dd/yy]
[In Progress/
Completed/
Not Started]
[On
Time/
Delayed]
[mm/dd/yy]
[mm/dd/yy]
•
41
•
-31-
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
42
-32-
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 in Jude non-rela_ ted costs.
Step 3: Complete the Expense Summary.
Summarize the total Staff Costs, Consultant/Contractor Costs, and Other Costs incurr
Confirm that you have the adequate documentation.
Break down each cost by task. This will help with the next step to complete the invoice stateme
Double check and make sure all sub-totals_hawe 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.orq
Sign and scan the completed Quarterly Progress Report. Submit it in PDF form._
Sign and scan the invoice statement. Submit it irt'PDF,form.
Submit supporting documentation in PDF form._ __-
Submit the completed Excel workb6ok.
e reporting period.
Files in excess of 6MB should be submitted via:
https:l/sandaq.wetransfer.com
43
-34-
Personnel ;Time Period :Hours 'Hourly Rate
Staff Person A imm/dd/yy to mm/dd/yy • 10' $
.
Staff Person B• _ mm/dd/yy to mm/dd/yy 1'0' $
Staff Person C mm/dd/yy to mm/dd/yy .10' $ -
[INSERT ADDITONAL LINES AS NEEDED]
PART 2: CONSULTANT CONTRACTOR CO
Consultant/Contractor
Consultant XYZ
Consultant XYZ
Consultant XYZ
Outreach Organization ABC
[INSERT ADDITONAL LINES AS NEEDED]
PART 3: OTHER COSTS
Vendor
Vendor A
'Vendor B
-VendorC
•
[INSERTADDfTONAL LINES AS NEEDED]
Invoice No.
;Invoice Date Description of Costs
4 Professional servic tthe
77�F month of January 20T,,
2/1/2014 Professional services for the
month of February 2014
3/1/2014 Professional services for the
month of March 2014
3/1/2014 Outreach from January 2014 to
h 2014
Amount . Documentation Attached?
$ 1,000.00:YES/NO
$ 1,000.00 'YES/NO
.$.. 1,000.00 YES/NO
Amount ' Documentation Attach_ ed?
$ 10.000.00 YES/NO
$ 10.000.00 YES/NO
$ 10,000.00 YES/NO
$ 10,000.00 YES/NO
Invoi - No. Invoice Date ' Description of Costs :Amount :Documentation Attached?
1' 1/1/2014!Printing costs for January 2014 $ 100.00 'YES/NO
1 2/1/2014 News Announcement for $ 100.00 YES/NO
February 2014 Workshop
1 2/28/2014 Snacks for February 2014 $ 100.00 YES/NO
Workshop
45
•
'TRANSNET SMART GROWTH INCENTIVE PROGRAM INVOICE
•To: +SUCH PAMHERJEE -- . Project Name: [PROJECT NAME]
ISANDAG Contract Number:. 500XXX
401 B Street, Suite 800
;San Diego, CA92101-4231
LL - Grant Invoice Number:
_ From: _ - - _ - +Name Billing_ Period:
!Address Invoice Date:;
FROM
!Grant Award: $O.00
• • Balance Remal. $O.00
TO
TASK
Previous Balance
Current MMIDD/YYYYto 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
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
3
Existing Conditions Report
Public Outreach
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$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
Total
$0.00
$0.00
$0.00
$0.00
• •-
i
•
$0.00
$0.00
$0.00
$0.00
Total Project
(Grant + Match)
Budget
$0.00
Task 1
Task 2
$0.00
Task 3
$0.00
Task 4
$0.00
Task 5
$0.00
T AL
$0.00
SANDAG Grant:
$0.00
Match:
$0.00
SANDAG
Contribution %
#DIV/0!
Required Match %
#DIV/0!
^6
$0.00
$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/01
•
t- I
_J
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 a
47
Date
RESOLUTION NO. 2016 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION
GRANT PROGRAM (ATGP) FUNDS THROUGH THE SAN DIEGO ASSOCIATION
OF GOVERNMENTS (SANDAG) FOR THE EL TOYON-LAS PALMAS REGIONAL
BICYCLE BOULEVARD PROJECT IN THE AMOUNT OF $1,544,000,
ACCEPTING THE TERMS OF THE GRANT AGREEMENT; AND AUTHORIZING
THE CITY MANAGER TO ACCEPT THE TRANSNET ATGP FUNDS AND EXECUTE
A GRANT AGREEMENT WITH SANDAG, IF SELECTED FOR GRANT AWARD
WHEREAS, the Legislature and Governor of the State of California have
provided funds for the Active Transportation Program ("ATP") under Senate Bill 99, Chapter
359, and Assembly Bill 101, Chapter 354; and
WHEREAS, the California Transportation Commission ("CTC") has statutory
authority for the administration of the ATP and established necessary procedures; and
WHEREAS, the CTC has required in its ATP Guidelines that Metropolitan
Planning Organizations ("MPOs") coordinate the competitive selection process to select projects
to receive a portion of the ATP funding; and
WHEREAS, the San Diego Association of Governments (SANDAG), as the MPO
for the San Diego region, is conducting a competitive selection process for the Cycle 3
distribution of ATP funds in the San Diego region; and
WHEREAS, SANDAG is required to submit the proposed ranked list of Regional
ATP projects and funding recommendations to the CTC for final consideration; and
WHEREAS, SANDAG may offer a funding exchange with projects recommended
through the Regional ATP competitive selection process which would reduce the administrative
burden to local jurisdictions associated with federal funding requirements; and
WHEREAS, if a funding exchange is offered to City of National City, the El Toyon
— Las Palmas Regional Bicycle Boulevard Project (Project) would be removed from the regional
ATP ranking and funded through the TransNet Active Transportation Grant Program (ATGP);
and
WHEREAS, the SANDAG Regional ATP competitive selection process requires
applicants to submit a resolution from their governing body to be considered for TransNet
funding in the event a funding exchange is offered; and
WHEREAS, City of National City has submitted an application to receive ATP
funds for the Project.
NOW, THEREFORE, BE IT RESOLVED that if SANDAG offers a funding
exchange to City of National City for the Project, City of National City commits to providing $0 in
matching funds from sources other than the TransNet ATGP.
BE IT FURTHER RESOLVED that City of National City authorizes the City
Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if
selected for grant award.
Resolution No. 2016 —
Page Two
PASSED and ADOPTED this 1st day of November, 2016.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
Interim City Attorney
Ron Morrison, Mayor
RESOLUTION NO. 2016 — 173
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION
GRANT PROGRAM (ATGP) FUNDS THROUGH THE SAN DIEGO ASSOCIATION
OF GOVERNMENTS (SANDAG) FOR THE EL TOYON-LAS PALMAS REGIONAL
BICYCLE BOULEVARD PROJECT IN THE AMOUNT OF $1,544,000,
ACCEPTING THE TERMS OF THE GRANT AGREEMENT; AND AUTHORIZING
THE CITY MANAGER TO ACCEPT THE TRANSNET ATGP FUNDS AND EXECUTE
A GRANT AGREEMENT WITH SANDAG, IF SELECTED FOR GRANT AWARD
WHEREAS, the Legislature and Governor of the State of California have
provided funds for the Active Transportation Program ("ATP") under Senate Bill 99, Chapter
359, and Assembly Bill 101, Chapter 354; and
WHEREAS, the California Transportation Commission ("CTC") has statutory
authority for the administration of the ATP and established necessary procedures; and
WHEREAS, the CTC has required in its ATP Guidelines that Metropolitan
Planning Organizations ("MPOs") coordinate the competitive selection process to select projects
to receive a portion of the ATP funding; and
WHEREAS, the San Diego Association of Governments (SANDAG), as the MPO
for the San Diego region, is conducting a competitive selection process for the Cycle 3
distribution of ATP funds in the San Diego region; and
WHEREAS, SANDAG is required to submit the proposed ranked list of Regional
ATP projects and funding recommendations to the CTC for final consideration; and
WHEREAS, SANDAG may offer a funding exchange with projects recommended
through the Regional ATP competitive selection process which would reduce the administrative
burden to local jurisdictions associated with federal funding requirements; and
WHEREAS, if a funding exchange is offered to City of National City, the El Toyon
— Las Palmas Regional Bicycle Boulevard Project (Project) would be removed from the regional
ATP ranking and funded through the TransNet Active Transportation Grant Program (ATGP);
and
WHEREAS, the SANDAG Regional ATP competitive selection process requires
applicants to submit a resolution from their governing body to be considered for TransNet
funding in the event a funding exchange is offered; and
WHEREAS, City of National City has submitted an application to receive ATP
funds for the Project.
NOW, THEREFORE, BE IT RESOLVED that if SANDAG offers a funding
exchange to City of National City for the Project, City of National City commits to providing $0 in
matching funds from sources other than the TransNet ATGP.
BE IT FURTHER RESOLVED that City of National City authorizes the City
Manager to accept the TransNet ATGP funds and execute a grant agreement with SANDAG, if
selected for grant award.
Resolution No. 2016 — 173
Page Two
PASSED and ADOPTED this 1st day of November,
ATTEST:
Axj,a. 41%.,
Micha R. Dalla, City lerk
APPROVED AS TO FORM:
George H. Eiser, III
Interim City Attorney
Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on
November 1, 2016 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
/i
City Clerk of the City of Nzltional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2016-173 of the City of National City, California, passed and
adopted by the Council of said City on November 1, 2016.
City Clerk of the City of National City, California
By:
Deputy