HomeMy WebLinkAboutReso 2013-004RESOLUTION NO. 2013-004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE FILING OF AN
APPLICATION FOR SMART GROWTH INCENTIVE GRANT
PROGRAM FUNDS THROUGH THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS FOR THE THIRD
AVENUE STREETSCAPE IMPLEMENTATION PROJECT,
PHASE 2, AND ACCEPTING THE TERMS OF THE GRANT
AGREEMENT
WHEREAS, $9.6 million of TransNet funding for capital and planning smart growth
incentive program projects is available to local jurisdictions and the County of San Diego from
Fiscal Yeazs 2011/2012/2013; and
WHEREAS, the City of Chula Vista wishes to receive $2,005,000 in Smart Growth
Incentive Program Capital Grant funds for the following project: THE THIRD AVENUE
STREETSCAPE IMPLEMENTATION PROJECT, PHASE 2; and
WHEREAS, the Smart Growth Incentive Grant Program requires the City of Chula Vista
to provide $350,000 of matching funds and/or in-kind contributions; and
WHEREAS, the City of Chula Vista understands that the Smart Growth Incentive Grant
Program funding is fixed at the programmed amount, and therefore project cost increases that
exceed the grant awarded will be the sole responsibility of the grantee; and
WHEREAS, to complete the proposed capital grant project within a timely matter, and in
compliance with Board Policy No.035, and under the terms set forth in the attached grant
agreement with SANDAG with no exceptions.
NOW, THEREFORE, BE IT RESOLVED by the Chula Vista City Council that the City
of Chula Vista is authorized to submit an application to SANDAG for Smart Growth Incentive
Grant Program funding in the amount of $2,005,000 for the Third Avenue Streetscape
Implementation Project, Phase 2; and
BE IT FURTHER RESOLVED that if a grant awazd is made by SANDAG to fund the
Third Avenue Streetscape Implementation Project, Phase 2, the City of Chula Vista commits to
providing $350,000 of matching funds and/or in-kind contributions and authorizes City of Chula
Vista staff to accept the grant funds, execute the attached grant agreement with SANDAG with
no exceptions, and complete the Project.
Resolution No. 2013-004
Page No. 2
Presented by
l~'~~'~
Gary albe , P.E., AICP
Assistant ity Manager/Director of
Development Services
Approved as to form by
Glen R. oogin
omey
ATTACHMENT: Sample: Smart Growth Incentive Grant Program Grant Agreement with
SANDAG
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of January 2013 by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
ATTEST:
Aguilar, Bensoussan, Ramirez and Cox
None
None
Salas )
Cheryl Cox, Mayo
~~ ,~ ~~
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2013-004 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula V ista City Council held on the 8th day of January 2013.
Executed this 8th day of January 2013.
,, ~6,~h
Donna R. Norns, CMC, City Clerk
Resolution-3~]a: 20.13=69~--
pg]eglt A
FOR INFORMATION ONLY - DO NOT FILL OUT
TRANSNET SMART GROWTH INCENTIVE GRANT PROGRAM
FISCAL YEAR 2011 - 2012 - 2013
GRANT AGREEMENT [AGREEMENT NUMBER] BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
[INSERT AGENCY/JURISDICT.ION NAME].
REGARDING [INSERT FULL PROJECT TITLE]
- THIS GRANT AGREEMENT [AGREEMENT NUMBER] ("Agreement') is made this [Day]. day of
[Month], 2012, by and between the San Diego Association of Governments (hereinafter referted to as
~~ "SANDAL'), 401 B Street, Sude 800, San Diego, California, and the [Grant Recipient and Address] ,
(hereinafter referred Eo as "Grantee"). This agreement expires on [Month] [Day], [Year].
The following recitals are a substantive part of this Agreement:
'~ A.' In November 2004, the voters of San Diego County approved SANDAL Ordinance 04-01; which " .
extended the TransNet %: cent sales and use tax through 2048 (Extension Ordinance):
B. The Extension Ordinance contains provisions to fund the Small Growth Incentive Program {SGIP),
whichfuntling began on April 1, 2008.
C. The SLIP is commonly referred to, herein, as the "Small Growth Incentive" grant program (SGIP).
The SANDAL Board of Directors also approved, programming of approximately $[insert new
updated amount for the call for project which generated THIS grant award/agreement] million in
TrensNet funds [insert new future date when BOD approved action described' in this recital] by
Resolution Number [insert Reso number].
D. On [insert updatedfuture date], SANDAL issued a Call for Projects from local jurisdictionsin San
Diego County wishing to apply for aportion of the SLIP Funding! TransNet Funds for use on
capital improvement and planning projects meeting certain criteria. ~ ,
' ~ E. Both SGIP Funding and TransNet funds were eligible funding sources for the SLIP.
F. Grantee successfully applied for SLIP Funding for the following project: [Insert Project
Name/Description] (hereinafter referred to as the "Project"). The scope of work, schedule, and
budget for the Project is attached as Attachment A.
G. The purpose of this Agreement is to establish the terms and conditions for SANDAL to .provide .
Grantee with Tunding to implement the Project. _
Resolution No. 2013-004
Page No. 4
Contracts Staff: Before finalizing this agreement for internal SharePoint routing please
obtain from SANDAL Finance and Planning staff the TransNet MPO 1D required to
complete Recital H, below. Thank you. -
H. Grantee's Project is funded with [insert dollar values for Extension Ordinance funding,. e:g.
$268,000) imExtension Ordinance funds]. Trans Net MPO ID
Although SANDAL will be providing financial assistance to Grantee to support the Project,
SANDAL will not be responsible for Project implementation or hold any substantial control pf the
-Project. '
NOW, THEREFORE, it is agreed as follows:
' . ~ Section 1. Definitions
A. ,Application. The signed and dated grant application, including any amendment theretb, with all
explanatory, supporting, and supplementary documents filed with SANDAL by or on.behalf of the
- Grantee and accepted or approved by SANDAL. All of Grantee's application materials, not ~in
'cenflidwith this Agreement, are hereby incorporated into [his Agreement as though fully set forth
_ herein.
8. Agreement. This GreM Agreement, together with all Attachments hereto, which are hereby
incorporated into this Agreement and centain additional terms and conditions that are binding upon
the parties...
C. Approval, Author¢ation, Concurrence, Waiver. A written statement (transmitted in typewrkten
' hard copy or electronically) of a SANDAL official authorized to permR the Grantee to take or omit
an acion required by this Agreement, which action may not be. taken or omitted without such.
written permission. Except to the extent that SANDAL determines othervaise 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. (See also Notice to Proceed, below at
paragraph I in this Section 1.)
D. Approved Project Budget. The most recent statement of the costs of the Project, the maximum
amount of assistance From SANDAL 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 SANDAL. The Approved Project Budget is attached hereto as a section of
Attachment A. ~ ~ -
E. SLIP Funds and Funding. Funding from the TransNet Extension Ordinance for the Smart Grow[h
Incentive Program (SLIP). ~ _
F. Grantee. The local jurisdiction that is the recipient of SLIP Funding under this Agreement If the
Grantee enters into agreements with other parties to assist with the implementation of the Project,
each participant. in, member of, or party to that agreement is deemed a 'subgrantee" and for
purposes of compliance with applicable requirements of the Agreement for its Project will be
treated. as a Grantee.
Resolution No. 2013-004
Page No. 5
Noteto SANDAG Contracts Staff: Please complete Section G. "Maximum
Percentage of SANDAG Participation" only if grantee committed matching
funds in its grant application. If grantee did no[ commit matching funds in its
application, please delete-Section G, and adjust the Section letters, below,
accordingly. If grantee did commit matching funds, please delete Paragraph G,
and complete Paragraph H, below. After selecting either Paragraph G or H,
below, please adjust the remaining Paragraph letters accordingly. Thank you.
' G. Maximum Percentage of SANDAG Participation. Grantee submitted an applicalionand was
evaluated based on its representation that it would provide matching funds for the Project. Grantee
agrees to provide _% of the Approved Project Budget as matching funds from resources other
than the TransNet funds. Therefore, the maximum percentage that SANDAG will pay Grantee for
amounts invoiced under this Agreement is _%, or $_, whichever is the lesser of these two
amounts.
H. Maximum SANDAG Contribution. Grantee submited an application and was evaluated based on
_ its representation that d would abide by a budget for,the Project, which has been finalized and
attached to this Agreement as the Approved Project Budget (included in Attachment A). Based on
the Approved Project Budget, the maximum amount of SGIP funding SANDAG will pay to Grantee
for amounts invoiced under, this Agreement is $_, or _% of the Approved Project Budget,
whidhever is the lesser of these two amounts.
I. 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 f_or work performed prior to
SANDAG's issuance of a Notice to Proceed.
J. Subgrantee. Any wntractor or consukant, at any tier, paid diredry or indirectly with funds Flowing
from this Agreement for the Project.
K. Term. The Tenn of this Agreement begins on the date SANDAG issues the Notice to Proceed and
ends on the last date indicated in the Project Schedule, (Attachment A),~ unless amended
consistent with the terms of this Agreement and SANDAG's Board Policy No. 035, as amended.
Resolution No. 2013-004
Page No. 6-
Section 2. ProjecTlmplementation
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 Project
Desciption/Scope of Work attached 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 only after receiving a written 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
tothe Extension Ordinance.
4. Project Schedule. The Grantee agrees to complete the Project according to the Project
Schedule attached hereto as a section of Attachment A and in compliance wdh SANDAG
Board Policy No. 035 (°Competitive Grant Program Procedures")), as amended, attached
hereto as Attachment B..
5. Project Implementation and Oversight Grantee agrees to comply with the Project
Implementation and Oversight Requirements attached hereto as Attachment C and
SANDAG Board Policy ~No. 035 as amended. Additionally, 'rf Grantee hires a consutant to
tarty 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
Grahtee for the consultant services is fair and reasonable; and pass through the relevant
obligations in this Agreement to the consultant. if Grantee hires a contractor to rarry out
construction services~tunded 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 She work to the lowest responsive and responsible bidder; document a RON
establishing that the amount paid by Grantee for the wnstruction services is fair and
reasonable; and pass through the relevant obligations in this Agreement to the contractor.
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 _parameiers, project proximity to transit, and other crderia relevant to evaluating and
ranking the Project based on SANDAG SGIP scoring crderia. Any substantive deviation from
Grentee's representations in the Project Justfication during project implementation may
• require reevaluation or result in Icss of funding. If Grantee knows or should know that
substantive changes im the Project Justification have occurred or will occur, Grantee will
- immediatery notify SANDAG in writing. SANDAG will then determine whether the Project is
Resolution No. 2013-004
Page No. 7
still consistent with the overall objectives of the'SGIP Program and that the changes would
not have negatively affected the Project ranking during the competitive grant evaluation
process. SANDAG reserves the right to have SGIP Funding withheld from, or refunded to
SANDAG from Grantee due to Grantee's failure to satisfactoriy complete the Project or due
to substantive changes to the Project Justification. See Section 9, paragraph F of this
Agreement regarding amendments to the Scope of Work. '
B. Application of Laws Should a federal or state law pre-empt a local law, regulation, or the
TransNet 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,
terdtodal, 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 [he Project or portions thereof
' expeditiously.
C. Notice Regarding Prevailing Wages SANDAG's SGIP Grants are funded with TransNet
revenues consistent with the TransNet Extension Ordinance adopted by the voters in November
2004 (SANDAG Ordinance 04-01). Although SANDAG Ordinance 04-01 does not require payment
of prevailing wages, a recent appellate court case (Asuza Land Partriers v. Department of Industrial
Relations 191 Cal. App. 4th 1 [2010]), may require that TransNet-funded public works projects pay
prevailing wages for workers. Before eritering into a grent agreement with SANDAG, grantees are
strongly encouraged to seek legal counsel regarding whether the Asuza rase will subject the grant
project to prevailing wage laws consistent with Labor Code Section 1720 et seq.' This Grant
Agreement requires Grentee's compliance with all federel, 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
subgrentee, is ultimately responsible for compliance with all applicable laws, regulations, and this
Agreement.
E. ~ Grantee's Responsibility to Extend Agreement Requirements to Other Entities
1. Entities Affected. If an entity other than the Grantee is expected to fulfil any responsibilities
typically performed by the Grantee, the Grantee agrees to assure that the entity carries out
the Grantee's responsibilities as set forth in this Agreement.
2. Documents Affected. The applicability provisions of laws, regulations, and policies
determine the extent to which those provisions affect an entity (such as a subgrantee)
participating in the Project through the Grantee. Thus, the Grantee agrees to use a written
document to ensure that each entity participating in the Project complies with applicable
laws, regulations, and policies.
3. Required Clauses. The Grantee agrees to use a written document (such as a
subagreement, lease, third-party contract or other) including all appropriate clauses stating
[he entity's responsibilities under applicable laws, regulations, or policies.
Resolution No. 2013-004
Page No. 8
4. 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, subgrentee, or other) to impose applicable laws, Agreement requirements
and directives on its subgrantees, lessees, third-party contractors, and other Project
participants at the lowest tier necessary. ~ - -
No SANDAG Obligations to Third•Parties. In connection wdh 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, orthird-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. - '
G. Changes in Project Performance. The Grantee agrees to notify SANDAG immediately, in writing,
of any change in Igcal iaw, 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 SANDAG Board Policy No. 035 (Competitive
Grant Program Procedures). The Graniee also agrees to notify SANDAG immediately, in writing, of
any curcen( 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 I'digation for any reason, in any forum. At a minimum, the Grantee agrees to
send each notice to SANDAG required 6y this subsection to SANDAG's Office of General Counsel.
Grantee further agrees to comply with the procedures set forth in SANDAG Board Policy No. 035
attached hereto as Attachment B if d anticipates a delay in performance: ,
H. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant to this
Agreement shall' be pedormed- 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, ercors, omissions, noncompliance with industry standards, or the willful
misconducfof the Grantee or Rs subgrantees.
Anti-Discrimination Laws. SANDAG implements its ,programs without regard to inwme level,
disability, race, color, and national origin in compliance with the Americans with Disatiildies Act and=
Title VI of the Civil Rights Act. Grantee shall prohibit discrimination on these grounds, 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 upon request and will notify
SANDAG immediately if a complaint is Ipdged that relates to the project or program funded by this
grant.
Section 3. 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 fhe actions of its officers, employees,'
council or board members, or agents engaged in the award or administration of subagreements,
leases, or third-party wntracts supported with SGIP Funding. The Grantee agrees that its code of
6
Resolution No. 2013-004
Page No. 9
- conduM or standards of conduct shall specify that its officers, employees, 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. Such a
conflict would arise when an employee, officer, council or board member, or agent, including any
member of his or her immediate family, partner, or organ¢ation that employs, or intends to employ, '
_ - any of the parties listed herein has a fnancial interest in the entity selected for award. The Grantee
may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicNed
' Item of nominal intrinsic value. The Grantee agrees that ds code of conduM or standards of conduM
shall also prohibd its officers, employees, board members, or agents from using their respective
positions in a manner [hat presents.a real or apparent personal or organizational wnfliM of interest '
orpersonal gain. As permitted by state or local law or regulations, the Grantee agrees that its code
of conduct or standarcis of conduM shall include penalties, sanctions, or other disciplinary actions -
for violations by its officers, employees, board members, or their agents, or its third-party
contractors or subgrantees or their agents. -
1. Per3onal Conflicts of Interest The Grantee agrees that its code of conduct or standards of
canduM shall prohibit the Grantee's employees, ofncers, council or board members, or.
- agents from participating~in the selection, award, or atlministretion of any third-party cdntraM
.. ~ or subagreement supported by SGIP Funding if a real or apparentconfliM 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 the flnn
' ~ ~ selected for award.
2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduM or
standards of conduM shall include procedures for identrfying 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 contraM or
subagreement may, without some restrictions on~future activities, result .in an unfair
competitive advantage to the third-party contractor or subgrantee or impair ds objectivity in
performing the contraM work.
B. SANDAG Code of Conduct SANDAG has established policies concerning potential conflicts of
interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might. -
result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other
unlawful wnsiderations. SANDAG staff are specificatly 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 contraM with SANDAG. It is unlawful for any wntraM to be made by
SANDAG rf any individual board member or staff has a prohibited fnancial 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, gratuties, favors, or anything of monetary value from consultants, potential
consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no
knowledge of an ethical violation by SANDAG staff 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.
i
Kesolution No. 2013-004
Page No. 10
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 Funding application for the Project.
False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing
the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each
statement H 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.
Section 4. 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, except that re-allocation of funds among budget items or fiscal
years that doesnot increase the total amount of the SGIP Funding awarded for the Project may bemade
by SANDAG's Project Manager consistent wdh applicable laws, regulations, and policies. Prior written
SANDAG Project Manager approval is required for transfers of funds between Approved Project Budget
line items.
Section 5. Payments
A. Funding Commitment. The Grantee agrees that SANDAG's maximum commitment for Project
Costs will not exceed the Maximum SANDAG Contribution of $_ SANDAG's responsibility to
the County of San Diego to make payments under this Agreement is limited to the amounts listed in
the Approved Project Budget for the Project. Within 30 days of notifcation to the Grantee that
specific amounts are owed to,or withheld by, SANDAG, whether for excess payments of SGIP
Funding, Grantee's failure to comply with the Agreement, SANDAG Board Policy No. 035
(Attachment B) and any policy amendments thereto, disallowed costs, or funds recovered from
third-parties or elsewhere, the Grentee agrees to remit the owed amounts to SANDAG, including
applicable interest, penalties, and administrative charges.
B. Payment by SANDAG. Grantee is required to submit invoices no more often and no less
frequently than quarterly. Invoices must'be accompanied by a quarterly report (Attachment D).
SANDAG will make payments for eligible amounts to Grantee within 30 days following receipt of
Grantee's invoice(s) if Grantee has complied with the requirements of the Agreement, including
quartedy reporting requirements, has satisfied SANDAG that the SGIP Funding requested is
needed for Project purposes in that requisition period, and is making adequate progress toward
Project completion consistent with SANDAG Board Policy No. 035 and any policy amendments
thereto. After the Grantee has demonstrated satisfactory compliance with the preceding
requirements, SANDAG will reimburse the Grantee's apparent allowable costs incurred consistent
with the Approved Project Budget for the Project
C. Eligible Costs. The Grantee agrees that Project costs eligible for SGIP Funding must comply with
all the following requirements. Except to the eMent that SANDAG determines otherwise, In writing,
to be eligible for reimbursement, Projec[ costs, must be:
Resolution No. 2013-004
Page No. 11
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, not advance basis, after both the
Effective Date of the Agreement and following Grantee's receipt of a Notice to Proceed from
SANDAG,
6. Satisfactorily documented with supporting documentation which is to be submitted with each
invoice,
7. Treated consistently in accordance with generally accepted accounting principles and
procedures for the Grantee and any third-party contractors and subg rantees, {see Section 6
Accounting Records),~and
8. Eligible For SGIP Funding as part of the SGIP Program Claim Eligible Costs.
9. Exoended allowable direct and indirect costs. Indirect costs will be reimbursed only 'rf the
Grantee has an approved indirect cost allocation plan and prior written approval has been _
obtained by SANDAG. The Grantee shall annually submit to SANDAG, prior to
reimbursement of indirect costs, an approved indirect cost allocation plan in accordance with '
Office of Management and Budget (OMB), Circular A-87 Cost Principles for State, Local,
And Indian ,Tribal Governments, which can be viewed at ~
http://www.whitehouse.gov/omb/circulars. Indirect Costs are only allowable with either: (1)
an approved indirect cost rate from a Federal Cognizant agency (or its designee) or an
independent certifed accounting firm; or (2) the applicant's proposed method for allocating
indirect costs must be submitted in accordance with applicable OMB guidelines and
approved by SANDAG. If the Grantee does not have an acceptable approved indirect cost
allocation plan, then indirect costs are not eligible for reimbursement.
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.
1 ~. In the evens the Grantee receives payment from SANDAG, for which reimbursement is later
deemed ineligible and disallowed by SANDAG, the Grantee shall promptly refund the
disallowed amount to SANDAG on request, or SANDAG may offset the amount disallowed
from any payment due to or to become due to the Grantee under this Agreement.
D. TransNet Project Eligibility
Resolution No. 2013-004
Page No. 12 '
,~ ~ TransNet SGIP Funds may be expended for capital projects such as pedestrian improvements,
bicycle and transit facilities, and other innovative smart growth supporting infrastructure, as well as
planning, projects such as updates to land use plans to qualify for "potential" smart growth
_ opportunity area as "existing/planned,° and other planning activities that facilitate smart growth.
E. Excluded Costs-
In determining the amount of SGIP Funding SANDAG will provide for the Project, SANDAG
will exclude:
a. Any Project cost incurred by the Grantee before either the date SANDAG issues a
Notice to Proceed to Grantee or the Effective Date of the Agreement or any
Amendment thereto;
b. Any cost that is not included in the latest Approved Project Budget;
c. Any cost for Project property or services received in connection with a subagreement,
lease, third-party contract, or other arrangement that is required to be, but has not
' been, concurred in or approved in wrong by SANDAG;
d. Any cost ineligible for SANDAG participation as provided by applicable laws,
regulations, or policies.
2. ~ 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, and/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
do audd of the Project requested by SANDAG or i[s 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 SGIP Funding requested or paid,
SANDAG' will notify the Grantee in writing, stating its reasons. The Grantee agrees that
Project closeout will not after the Grantee's responsibility to return any funds due 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 audd or other review.
F. Maximum SANDAG Participation. Upon receipt of an invoice from Grantee documenting
Grantee's 'incurred and eligible expenses, SANDAG agrees to pay -its Maximum
Percentage/Amount of SANDAG Participation based on the invoiced amount.
Note to SANDAG~Contracts Staff: If grantee did not commit matching funds In the
grant application, please delete Section H. "Matching Funds" from the agreement,
and re-letter following sections accoMingly. Tfiank you..
G. Matching Funds Grantee has proposed matching funds for the project and therefore agrees as
follows: ~ '
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Resolution No. 2013-004
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1. Duty to Obtain Matching Funds The Grantee agrees to provide sufficient funds or approved
in-kind resources, together with the TransNet Ordinance Assistance awarded, that will assure
payment of the actual wst of each Project activity covered by the Agreement for the Project.
The amount of matching funds ~ and percentage(s) of matching funds and/or in-kind
conttibutions Grantee shall provide are set forth in the Approved ProjectBudget. The Grantee
agrees to complete all proceedings necessary io provide its share of the Project costa at br
before the time the matching funds are needed for the Project. 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. ~ - -
2, .Prompt Payment of Matching The Grantee agrees to provide the minimum proportionate
'- ~ amount of the matching funds upon submittal of reimbursement for each invoice and
• cumulatively over the life of the project as it incurs Projects costs. If the minimum match is not
provided with each invoice submittal or cumulatively over the life of-the project, the identical
amount to make up the difference may be withheld as retention for each invoice until the
minimum match cumulatively over the life of the project is satisfactorily provided. The retention
withholding would be released upon the minimum match provided, in •accordance with the
invoice payment terms as stated in this Agreement.
• 3. Reducfion of Matching Funds The Grantee agrees that no reduction of the amount of
- matching funds may be made unless, at the same time, a reduction of the proportional amount
of TransNet Ordinance Assistance provided is made to SANDAG in order to maintain
Maximum Percentage(s) of SANDAG participants. No refunds of matching funds will be made.
Section 6. Accounting Records
In compliance.wdh apptirable laws, regulations, and policies, the Grantee agrees as tollows~
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, contrails, vouchers, orders, or other accounting documents related in
whole~or in part to the Project so that they may be dearly identified, readily accessible, and
available to SANDAG upon request and, to the extent feasible, kept separate from documents not
related to the Prdject.
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Resolution No. 2013-004
Page No. 14
B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG
determines otherwise, in writing, the Grantee agrees to -maintain all documentation of costs '
charged to the Projed, including any approved services or property contributed by the Grantee or
others, with properly executed payrolls time records, invoices, contrads, 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. '
Section 7. Reporting, RecordRetention, and Access
A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws and
' - regulations, policies, the 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 eledronic 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
Projed as SANDAG may require.
D. Access tq Records of Grantees and subgrantees. The Grantee agrees to permit, and require its
subgrantees to pertnil, SANDAG or its authorized representatives, upori request, to insped all
Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of,
the Graniee and its subgrantees pertaining to the Projed.
E. Project Closeout. The Grantee agrees that Projed closeout does not alter the reporting and
' record retention requirements of this Agreement. ~ . .
F. Quarterly Reports. Grantee shall submd written quarterly reports to SANDAG detailing the
progress of its work, expenddures incurred, and information regarding whether the Project is
projededto 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 salisfadion of SANDAG.
This includes progress and final reports, plans, specifications, estimates, and other evidence of
attainmenF of the Agreement objectives, which are requested by SANDAG or the ITOC. Grantee
may be required to attend meetings of SANDAG staff and committees, including ITOC, to report on
its progress and respond to questions:
G. Data Collection and Gommunkies Served Report. If requested, Grantee shall provide SANDAG
with data regarding how the Project's benefts and burdens were equitably distributed among socio
and economic populations in the area affeded by the Projed, and associated smart growth data.
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Resolution No. 2013-004
Page No. 15
Section. B. Project Completion, Audit, Settlement, and.Closeout
A. Project Completion. Within ninety (90) calendar days following Project completion or termination
by SANDAG, the Grantee agrees fo submit a final certification'of Project expenses and that
reports, a§ applicable. Alt payments made to the Grantee shall be subject to review for compliance
by SANDAG with the requirements of this Agreement and shall be subject to an audit upon
completion of the Project.
B. Project Audit. The Grantee agrees to have pedortned financial and cgmpliance audits SANDAG
may. require consistent with the ~TransNet Extension Ordinance for 7ransNet funds. This Project's
MPO ID Number is located in-both Recital H, above, and on Attachment A. The Grantee agrees
that Projecfcloseout will not alter the Grantee's audit responsibilities.
C. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has
closed the Project, and, 'rf applicable, either Torwards the final SGIP Funding payment and
liquidates any remaining funds. 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 notfcation from SANDAG.
D. 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 al
_ 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.
Section 9. 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 (Attachment A), antl consistent wkh SANDAG 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 theremaining funding
.. should be reallocated to another eligible project, as per SANDAG 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 pertormance of the
Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this
_ Agreement. ~ -
B. Iri the event Grentee 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
pertormance 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 constmed as a
waiver by SANDAG of a project delivery schedule or date, or any rights ~or remedies provided by
this Agreement, including SANDAG'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 Funding tb be provided for the Project if~the Grantee has violated the terms of the
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Resolution No. 2013-004
Page No. 16
" ~ Agreement, or SANDAG Board Policy No. 035, or rf SANDAG determines that the purposes oT the
laws or policies authorizing the Project would not be.adequately served by the continuation of SGIP
Funding for the Project.
D.~ In general, termination of SGIP Funding for the Project will not invalidate obligations propedy
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 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 Funding provided for the Project or any lesser amount as SANDAG may determine.
E. Expiration of any Project time period established in [he Project Schedule will not, by itself,
automatically constitute an expiration or termination of the Agreement for the Project, however,
Grantee must request and SANDAG must,agree to amend the Agreement in writing H 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 SANDAG Board Policy No. D35.
F. Amendment of Scope. The grant was awarded based on the application submitted by Grantee with
' the intention that the awarded funds would be used to implement the Project as described in the
Scope of Work (Included in Attachment A). Any substantive deviation from the Scope of Work must
be approved by SANDAG 'rf SGIP Funds are to be used for such changes. If Grantee believes
substantive changes need to be made to the Project, Grantee will immediately notify SANDAG in
carding. SANDAG will then determine whether the Project is still consistent with the overall
objectives of the SGIP Program, SANDAG Board Policy 035 and that the changes would not have
negatively affected the Project ranking during the competitive grant evaluation process. SANDAG
reserves the right to have SGIP Funding wdhheld or refunded due fo substantive Project changes.
Section 10. Disputes and Venue
A. Choice of Law. This Agreement shall he 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 wntinue 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 limey manner and reply to Grantee within'20 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~wdhin 10
days from the postmark date of SANDAG's reply. The Executive Director will respond to the
request for reconsideration within 10 working days. The decision of the Executive Director
will be in writing.
14
Resolution No. 2013-004
Page No. 17
if Grantee is dissatisfied wdh the results following exhaustion pf the above dispute
resolution procedures, Grantee shall make a wdnen request to SANDAG for appeal to the
SANDAG Regional Planning Committee. SANDAG shall respond to a request for mediation
within thirty (30) calendar days. The decision of the Regional planning Committee shall be
f nal.
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 Itigation between the parties, the prevailing party shall be entitled to recover all
reasonable costs incurred, including reasonable attorney's fees, litigation and. col{ection expenses,
witness fees; and court costs as determined by the court.
Section 11. Assignment
The Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or novation)
this Agreement or any rights under or interest in this Agreement
Section 12. 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 cant' out
the Project in accordance with the terms of this Agreement. Grantee shall not change the Project
Manager~without notice to SANDAG. ~ ,
Section 13. Insurance
• Grantee shall procure and maintain during the period of performance of this Agreement, and for 12
months following completion, policies of insurance from insurance companies authdrized to do business.
in the State of California or the equivalent types and amounts of self-insurance, as follows:
A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general
aggregate for personal and bodily injury, including death, and broad form property damage. The
.. policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others
Endorsemenl.° The policy must name SANDAG as an additional insured in the endorsement. A
deductible or retention maybe 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.
G Workers' Compensation and .Employer's Liability. Policy must comply with the laws of the State of
California. The policy must include an acceptable "Waiver of Right to Recover From Others
Endorsement° naming SANDAG as an additional insured.
D. Other Requirements. Grantee shall furnish satisfactory proof by one or-more certificates (original
copies)~that it has the foregoing insurance. The insurance shall be provided by an acceptable
15
Resolution Nb. 2013-004
Page No. 18
insurance provider, as determined by SANDAG, which. satisfies the following minimum
requirements:
An insu2nce 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.fnancial s'¢e of °$10 million to $24 million (Class
~ or better, or ~ '
1. 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 Califomia.
2. Certificates of insurance shall be filed with SANDAG. These policies shall he primary..
insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute
to any loss under Grantee's insurance. Each insurance policy shall contain a clause which
provides that the policy may not be canceled without first giving thirty (30) days advance
written notice to SANDAG. For purposes ofihisbotice requirement, any material changein
the policy prior to its expiration shall be considered a cancellation.
Section 74. Indemnification and Duty to Defend
A. Generally. With regard to any claim,~protest, or litigation arising from or related to the Grantee's
performance in connectign with or incidental to the Project or this Agreement, Grantee agrees td
' 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
wages claims against the Project, asserted or liability established 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 connectedwith 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 indemnity and- hold harmless shall not include any claims or liability
arising from the established sole negligence or willful misconduct of SANDAG, its agents, officers,
', or employees. '
B. Inteilectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save, and
hold harmless SANDAG and its officers, agents, and employees ailing 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-
ot 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
wused'solely by the wrongful acts of SANDAG employees or agents.
16
Resolution No. 2013-004
Page No. 19
Section 15. Relationship of Parties
For purposes of this Agreement, the relationship of the parties is that of independent entities and not as
agents of each other or as joint venturers dr partners. The parties shall maintain sole and exclusive
Control over their personnel, agents, consultants, and operations. Except as SANDAG may specrfy 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
inlhis Agreement.
Section 16. 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 tq the requirements of applicable laws or regulations.
This Agreement represents the entire understanding of SANDAG and Gran[ee as to those matters
contained in d..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 modifed or altered except in writing, signed by
SANDAG and the Grantee.
Section 17, 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: Heather Cooper
Grantee:
City of National City
~1243National City Boulevard
National City, CA 91950
Attn: Stephen Manganiello
and shall be effective upon receipt thereof.
Contracts Staff: After receiving this original agreement back from the Grantee and before
routing the original agreement for final SANDAG "wet" signatures, please confirm with SANDAG
Finance and Planning staff that the applicable RTIP has been approved. Thank you.
Section 18. 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. -
17
Resolution No. 2013-004
Page No. 20
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above.
SAN DIEGO ASSOCIATION
OF GOVERNMENTS
CITY OF NATIONAL CITY
GARY L. GALLEGOS
Executive Director
APPROVED AS TO FORM:
Associate General Counsel
[Full Name]
[TItIeJ
APPROVED AS TO FORM
[Full Name)
[TiNe]
18
ATTACHMENT A
SCOPE OF WORK, SCHEDULE, AND APPROVED PROJECT BUDGET
Project Location
(SPECIFIC PROJECT LOCATION INCLUDING JURISDICTION, COMMUNITY, NEIGHBORHOOD, CORRIDORS. AND INTERSECTIONS)
Project Description
[PROJECT TYPE (DESIGN ANDIOR CONSTRUCTION, MASTER PLAN, ETC.), TYPES OF IMPROVEMENTS/RECOMMENDATIONS,
PROJECT GOALS]
(INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET)
TransNet MPO ID NO.
19
7
ro
0
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r ~
Resolution No. 2013-004
Page No. 22
ATTACHMENT B
S~INDAG
BOARD POLICY NO. O3 V
COMPETITIVE GRANT PROGRAM PROCEDURES
Applicability and Purpose of Policy
This Policy applies to the following grant programs administered through SANDAG, whether from
TransNet or another source: Smart Growth Incentive Program, Environmental Mitigation Progmm, Bike
and Pedestrian Program, Senior Mini Grant Program, Job Access Reverse Commute, New Freedom, and
Section 5310 Elderly & Persons with~Disabilities Transportation 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
gran) 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 beneft from the
project deliverables as soon as possible.
Procedures
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 folowing award of the construction contract. Completion of construction for
puryoses of this policy shall be when the prime construction contractor is relieved from its
maintenance responsibilities. It 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 beawarded within one year following execution
20
Resolution No. 2013-004
Page No. 23
of the grant agreement, and the planning projeM must be complete within two years
following award of the wnsultant contraM. Completion of planning for purposes of this
policy shall be when grantee approves the foal planning project deliverable. If no
consultant contract award is necessary, the planning projeM 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 contraM for operations must be awarded within one year
following execution of the grant agreement, and the operations must wmmence 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 far Equipment or Vehicles Grants. If the grant will fund equipment or
vehicles, the projeM must be completed according to the schedule provided in the grant
agreement, but at the latest, any necessary purchase contraMS for equipment or vehicles
must be awarded within one year following execution of the grant agreement, and use of
the equipment or vehicles for the benefit of the public must commence within six months
following award of the purchase contraM.
2. Project Milestone and Completion Deadline Extensions
2.1. Schedules within grant agreements may include project swpes and schedules that will
idenfrfy interim milestones in addition to those described in Section 1 of this Policy. Grant
recipients may receive extensions on their projeM schedules of up to six months for good cause.
Extensions of up to six months aggregate that would not cause the project to miss a completion
deadline in Section 1 may be approved by the SANDAG Executive Director. Extensions beyond
six months aggregate or that would cause the projeM 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. -
2.12. A grantee seeking an extension must document previous efforts undertaken to
maintain the project schedule, explain the reasons for the delay, explain why the delay is
unavoidable, and demonstrate an ability to succeed in the extended time frame the
grantee proposes. .
2.1.3. If the Executive Director denies an extension request under this Sectiori 2, the
grantee may appeal within ten business days of receiving the Executive Director's
response to the responsible Policy Advisory Committee by sending the appeal to the
SANDAG Program Manager.
21
Resolution No. 2013-004
Page No. 24
2.1.4. EMension requests that are rejected by the Policy Advisory Committee will result
in temtination 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 exensions in excess of six months, or that will cause a project to miss a
completion deadline in Section 1 (including those projects that were already granted extensions
by the Executive Director and are again falling behind schedule), will be considered by the Policy
Advisory Committee upon request to the SANDAG Program Manager.
3.2 A grantee seeking an extension must document previous efforts undertaken to maintain
the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and
demonstrate an ability to succeed in the extended time frame the grantee proposes. The grantee
must provide the necessary information to SANDAG staff to place .in a report to the Policy
Advisory Committee. If suffcient time is available, and the grant utilized TransNet funds, the
request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a
recommendation. The grantee should make a representative available at the meeting to present
the information to, and/or answer questions from, the ITOC and Policy Advisory Committee.
3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for
extenuating circumstances that the grantee could not have reasonably foreseen.
4. Resolution and Execution of the Grant Agreement
4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed grants,
prospective grantees must submit a resolution from their authorized goveming 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 neM 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 goveming body commits to providing the amount of matching funds set
forth in the grant application.
4.1.2 Grantee goveming body authorizes staff to accept the grant funding and execute
a grant agreement ff 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.
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
22
Resolution No. 2013-004
Page No. 25
to meet the deadlines specked in this Policy may be resubmitted to compete for funding in a
future call for grant applications.
Adopted: January 2010.
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Resolution No. 2013-004
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ATTACHMENT C
PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS
Capital Grants
1. Contact Information: Grantee must provide SANDAG with contaM 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. Design Development Meetings: Grantee must provide SANDAG with advance notice (preferably
within two weeks) antl agendas of all design development meetings, and a meeting summary following
the meeting. SANDAG staff may attend any meetings as appropriate. -~
3. 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 ~su6stantial 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 standards.
4. Quarterly Reports: Grantee must submit quarterly reports to SANDAG, detailing accomplishments ~in
the quaver, anticipated progress next quarter, pending issues and actions toward resolution, and status
of budget and schedule.
5. Performance Monitoring: SANDAG staff may measure pevormance of the constructed capital
improvements against stated project objectives, and evaluate the overall SGIP. Grantee is expected to
meet with SANDAG staff to identify relevant performance measures and data sources, and provide
available data and feedback regarding the program as appropriate.
Planning 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. 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,
3. Request for Proposals and Consultant Selection. Grantee must submit consultant draft Request for
Proposals to SANDAG staff for review and comment. Consultant proposals must also be submitted to
SANDAG for review and comment prior to consultant selection.
4. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in
the quarter, anticipated progress neM quarter, pending issues and actions toward resolution, and status
of budget and schedule.
24
Resolution No. 2013-004
Page No. 27
ATTACHMENT D
QUARTERLY REPORT AND INVOICE FORMS
SMART GROWTH INCENTIVE GRANT PROGRAM
QUARTERLY PROGRESS REPORT
$ aRepoiting Penod-:~, ~° Due`,_Date.,.''
Project Title:
Project Manager Name:
Agency:
Address:
Telephone:
Contract tl:
Invoice Date:
Invoice #: Invoice Period: (from) (to)
Task 1 (Fill in each task from Scooe of Work)
1. Work Accomplished this Invoice Period
Add description
2. Work Anticipated for Next Invoice Period
Add description
3. Challenges or Problems Experienced and Actions Toward Resolution
Add description
Task 2
1. Work Accomplished this Invoice Period
Add description
2. Work Anticipated for Next Invoice Period
Add description
3. Challenges or Problems Experienced and Actions Toward Resolution
Add description
25
Resolution No. 2013-004
Page No. 28
Summary of Progress
Task Scheduled Scheduled Completed Start Next Complete Anticipated.
Start Date Completion This Invoice Invoice Next Completion
Date Period? Period? Invoice Date (if not
. (mark x) (mark x) Period? as
mark x scheduled
Task 1
Task 2
Task 3
Action/s requested of SANDAG (check appropriate box/es):
^ No action requested
^ Amendment to':
^ Scope of Work
Describe:
Justification:
^ Project Budget
Describe:
Justfication:
^ Project Schedule
Describe:
Just cation:
'For any amendment requested, please describe the amendment and provide justification for why the
amendment is needed.
For Project Schedule amendment requests, explain:
• previous efforts to maintain timely progress,
• reasons /or the delays and why they were unavoidable, and
• ~ demonstrate how the project will meet the proposed revised deadlines N the schedule
amendment is approved.
It is the Grantee's responsibility to ensure compliance with Board Policy No. 035 (Use it or Lose it)
milestones and grans agreement terms and conditions. Amendment requests are subject to SANDAG
approval
~NOte that any changes from scheduled start and completion dates are subject to approval by SANDAG.
Please refer to Board Policy No. 35 in your grant agreement regarding milestones that fall behind
schedule, and the actions required for schedule adjustments.
26
Resolution No. 2013-004
Page No. 29
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