Loading...
HomeMy WebLinkAbout2013-01-08; City Council; 21090; SANDAG Smart Growth Incentive Grant ProgramCITY OF CARLSBAD - AGENDA BILL 11 21,090 TRAN AUTHORIZATION TO APPLY FOR GRANTS FROM SANDAG'S SMART GROWTH INCENTIVE CAPITAL AND PLANNING GRANT PROGRAM DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER zm. RECOMMENDED ACTION: Adopt Resolutions No. 2013-010 No. 2013-011 , and No. 2013-012 authorizing the City of Carisbad Transportation Director to apply for grants from the San Diego Associafion of Governments (SANDAG) under the Smart Growth Incentive Capital and Non-Capital Grant Program. ITEM EXPLANATION: San Diego Association of Governments is offering Smart Growth Incentive Grants to be awarded on a competitive basis. There is no match required forthe funding, but if a match is provided that improves the competitive chances. Only cifies and the County of San Diego are eligible recipients of grant funds There are approximately $9.6 million in Smart Growth Incentive Grant funds to award in this round The Smart Growth Incentive Program funds transportation-related infrastructure improvements and planning efforts that support smart growth development. The program funds two types of projects: Capital Projects and Planning Projects. The goals of the Smart Growth Incentive Program are to encourage comprehensive public infrastructure projects and planning activifies that facilitate compact mixed-use development focused around public transit, and that aim to increase housing and transportafion choices. The Smart Grov^h Incentive Program seeks to fund projects that can serve as models around the region and attract private development. Projects funded by the Smart Growth Incentive Program must support these goals, and specifically, create great places in the San Diego region. The following outlines the overarching Program Objectives. Proposed projects should be "ready to go" and serve as catalysts for further smart growth development. Implement a comprehensive approach to infiuence land development by improving the public realm and encouraging private smart growth projects that, in combination, create great places. Serve as model examples for smart growth in a variety of setfings throughout the region. Contribute to the reducfion in greenhouse gas emissions by encouraging travel by means other than single-occupant vehicle. In particular, proposed projects should support public transit usage by improving access to transit and be located in areas served by transit. Support future housing development. DEPARTMENT CONTACT: Bryan Jones 760-602-2431 brvan.ionesf5)carlsbadca.gov FOR C/ry CLERKS USEONLY^^^^ ^^^^^^^^^ ^^^^ ^p^^,^,^ DENIED U CONTINUED TO DATE UNKNOWN CONTINUED • RETURNED TO STAFF WITHDRAWN • OTHER - SEE MINUTES AMENDED • COUNCIL ACTION: • • • • Page 2 The funds will be allocated to capital and non-capital projects as follows: Capital Grants $7.68 million (80% of total funding) Planning Grants $1.92 million (20% of total funding) The Carisbad Transportafion Department would like to submit a total of three grant applicafions to be considered for Smart Growth Incentive grant funding. The three project tifies and dollar amounts are broken out into specific Capital and Non-Capital categories PLAN THE VILLAGE The application is a comprehensive planning effort that will result in a new master plan that incentivizes smart growth development to make Carisbad Village competitive and sustainable in the future. The new master plan will encourage compact, mixed-use development focused around public transit and will support the community's larger revitalization effort; encourage transit, walking, and bicycling trips; and enhance the sense of place in the Village through innovafive design and development standards. The plan will also support and connect the adjacent barrio residenfial areas planned housing intensification and densificafion through the city's housing element. Applicafion Type: Planning Grant Request: $285,000 City Match: $100,000 suggested ($50,000 cash, $50,000 in kind staff time with consultant and City staff fime) Total Project Cost: $385,000 FIND THE VILLAGE An innovative pedestrian and bicyclist way finding signage system that links the commercial district of the Village with the surrounding residential areas and transit opportunifies from the Pacific Ocean to 1- 5, and from lagoon to lagoon. Signs would include direcfions to important community landmarks both in walking distance or fime and cycling distance or fime, similar to systems back east and in Europe. This system would be the first of its kind in the region and leverages the new bicycle infrastructure and pedestrian/bicyclist outreach campaigns that will begin in 2013 with SANDAG Active Transportafion grants. Applicafion Type: Capital Grant Request: $215,000 City Match: $ 35,000 suggested ($10,000 cash, $25,000 in kind staff time with consultant and City staff fime) Total Project Cost: $250,000 CONNECT THE VILLAGE A traffic calming and pedestrian connectivity project that installs six to nine traffic circles in the "barrio" neighborhood of downtown Carisbad. This residential area has wide streets that induce vehicle speeds and make it challenging for pedestrians to cross streets and intersections. Traffic circles would enhance the pedestrian experience in residenfial neighborhoods adjacent to transit, improving connections there and with the commercial areas of the Village. This project leverages the new bike infrastructure and pedestrian/bicyclist outreach campaigns that will begin in 2013 with SANDAG Acfive Transportation grants, and enhances the pedestrian and bicyclist way finding signage system also in this round of applications. Applicafion Type: Capital Grant Request: $255,000 City Match: $ 60,000 suggested ($45,000 cash, $15,000 in kind staff fime with consultant and City staff fime)) Total Project Cost: $315,000 Page 3 ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. FISCAL IMPACT: The city cash match for the two capital grants "Find the Village" and "Connect the Village" of $10,000 and $45,000 respectfully, can be accommodated by utilizing available Gas Tax funds. The one planning grant "Plan the Village" city cash match of $50,000, can be accommodated by ufilizing Community and Economic Development (CED) contingency funds. While these matches are not a requirement of the grant applicafion, Transportafion staff feels the proposed matches will increase the city's chances of receiving the grant thereby leveraging local money with regional money to accomplish our goals as a city. As such, all three grant applicafions require fiscal action and a commitment ofthe Council to provide the above stated city match. Gas Tax funds are proposed for the city match for both capital grants and Community and Economic Development (CED) contingency funds could be used for the planning grant applicafion. Sufficient Gas Tax funds and Community and Economic Development (CED) confingency funds are available to fund this request if the grant is awarded by SANDAG. City Council by resolution authorizes the Finance Director to appropriate the local match if the grant is awarded by SANDAG. The remaining match component (non-cash) of the grants would be provided by exisfing operafing budget or in-kind staff time and project management/implementation provided by city staff or consultant time. EXHIBITS: 1 Resolufion No. 2013-010 authorizing the filing of an applicafion for smart growth incentive grant program funds through the San Diego Association of Governments for "Plan The Village", a Village Master Plan, and accepting the terms ofthe grant agreement 2 Resolution No. 2013-011 authorizing the filing of an applicafion for smart growth incentive grant program funds through the San Diego Associafion of Governments for "Find The Village", an innovative pedestrian and bicyclist way finding signage system, and accepfing the terms ofthe grant agreement 3 Resolufion No. 2013-012 authorizing the filing of an applicafion for smart growth incentive grant program funds through the San Diego Associafion of Governments for "Connect The Village" a traffic calming and pedestrian connectivity project, and accepfing the terms of the grant agreement 4. Active Transportafion Grant Program Grant Agreement with SANDAG 3> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2013-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR PLAN THE VILLAGE, A VILLAGE MASTER PLAN, 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 jurisdicfions and the County of San Diego from Fiscal Year 2011-2012; and WHEREAS, City of Carisbad wishes to receive $285,000 in Smart Growth Incentive Grant funds for the following project: Plan the Village, a comprehensive planning effort that will result in a new master plan to incentive smart growth development to make Carisbad Village more competitive and sustainable in the future; and WHEREAS, City of Carisbad 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 ofthe grantee; and WHEREAS, City of Carisbad agrees to complete the proposed grant project within a timely matter and in compliance with Board Policy No. 035. NOW, THEREFORE, BE IT RESOLVED by City Council that City of Carlsbad is authorized to submit an application to SANDAG Smart Growth Grant Program funding in the amount of $285,000 for Plan the Village, a comprehensive planning effort that will result in a new master plan to incentive smart growth development to make Carisbad Village more competitive and sustainable in the future; and BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund Plan the Village, a comprehensive planning effort that will result in a new master plan to incentive smart growth development to make Carlsbad Village more competitive and sustainable in the future, City Council commits to providing $100,000 of matching funds by way of $50,000 in cash 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and $50,000 of in-kind staff and consultant time (in addition to $285,000 in grant funding) using the Community and Economic Development contingency fund and/or in-kind contributions and authorizes City of Carlsbad staff to accept the grant funds, execute the attached grant agreement with SANDAG with no exceptions, and complete the Plan the Village project, a comprehensive planning effort that will result in a new master plan to incentive smart growth development to make Carisbad Village more competitive and sustainable in the future. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meefing of the City Council of the City of Carisbad on the 8**^ day of January, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. MATTT-w\LL, Mayor ATTEST: nt City Clerk ATTACHMENT: TRANSNET Smart Growth Incentive Grant Program Grant Agreement with SANDAG. FOR INFORMATION ONLY - DO NOT FILL OUT TRANSNET SfAART GROWTH INCENTIVE GRANT PROGRAM FISCAL YEAR 2011 - 2012 - 2013 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], 2012, by and between the San Diego Association of Governments (hereinafter referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, California, and the [Grant Recipient and Address] (hereinafter referred to 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 SANDAG Ordinance 04-01, which extended the TransNet Vi cent sales and use tax through 2048 (Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP), which funding began on April 1, 2008. C. The SGIP is commonly referred to, herein, as the "Smart Growth Incentive" grant program (SGIP). The SANDAG 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 TransNet funds [insert new future date when BOD approved action described in this recital] by Resolution Number [insert Reso number]. D. On [insert updated future date], SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the SGIP 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 SGIP. F. Grantee successfully applied for SGIP 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 SANDAG to provide Grantee with funding to implement the Project. Contracts Staff: Before finalizing this agreement for internal SharePoint routing please obtain from SANDAG Finance and Planning staff the TransNet MPO ID 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) in Extension Ordinance funds]. TransNet MPO ID . I. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not be responsible for Project implementation or hold any substantial control of the Project. NOW, THEREFORE, it is agreed as follows: Section 1. Definitions A. Application. The signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf of 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. Agreement. This Grant Agreement, together with all Attachments hereto, which are hereby incorporated into this Agreement and contain additional terms and conditions that are binding upon the parties. C. 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 othenwise 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 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 attached hereto as a section of Attachment A. E. SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the Smart Growth Incentive Program (SGIP). F. Grantee. The local jurisdiction that is the recipient of SGIP 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. Note to 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 not 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 application and 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 submitted an application and was evaluated based on its representation that it 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, whichever 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 for work performed prior to SANDAG's issuance of a Notice to Proceed. J. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. K. Term. The Term 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. Section 2. 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 Project Description/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 to the 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 with 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, 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, 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. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG SGIP scoring criteria. Any substantive deviation from Grantee's representations in the Project Justification during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should know that substantive changes in the Project Justification have occurred or will occur, Grantee will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is 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 satisfactorily 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, 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 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 Partners v. Department of Industrial Relations 191 Cal. App. 4th 1 [2010]), may require that TransA/eMunded public works projects pay prevailing wages for workers. Before entering into a grant agreement with SANDAG, grantees are strongly encouraged to seek legal counsel regarding whether the Asuza case will subject the grant project to prevailing wage laws consistent with Labor Code Section 1720 et seq. This Grant 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. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entities Affected. If an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. 3. 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 the entity's responsibilities under applicable laws, regulations, or policies. 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, 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. F. 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. G. 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 SANDAG Board Policy No. 035 (Competitive Grant Program Procedures). 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. Grantee further agrees to comply with the procedures set forth in SANDAG Board Policy No. 035 attached hereto as Attachment B if it 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 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. I. Anti-Discrimination Laws. 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, 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 lodged 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 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 Funding. The Grantee agrees that its code of conduct 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 organization that employs, or intends to employ, any of the parties listed herein has a financial 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 unsolicited item of nominal intrinsic value. The Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, 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 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 the firm selected for award. 2. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third-party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third-party contractor or subgrantee or impair its objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff 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 an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission, the Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its 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 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. Section 4. Approved Project Budget Except to the extent that SANDAG determines othenwise 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 does not increase the total amount of the SGIP Funding awarded for the Project may be made by SANDAG's Project Manager 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. Section 5. Paymente 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 notification 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 Grantee 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 quarterly 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 extent that SANDAG determines othenwise, 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, 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 subgrantees, (see Section 6 Accounting Records), and 8. Eligible for SGIP Funding as part of the SGIP Program Claim Eligible Costs. 9. Expended allowable direct and indirect costs. Indirect costs will be reimbursed only if 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 certified 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. 11. In the event 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 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 "potenfial" smart growth opportunity area as "existing/planned," and other planning activities that facilitate smart growth. E. Excluded Costs 1. In determining the amount of SGIP Funding SANDAG will provide for the Project, SANDAG will exclude: a. Any Project cost incurred by the Grantee before either the date SANDAG issues a Notice to Proceed to Grantee or the Effective Date of the Agreement or any Amendment thereto; b. Any cost that is not included in the latest Approved Project Budget; c. Any cost for Project property or services received in connection with a subagreement, lease, third-party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG; 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 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 entifled to receive any portion ofthe SGIP 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 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. 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 accordingly. Thank you. G. Matching Funds Grantee has proposed matching funds for the project and therefore agrees as follows: 10 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 cost 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 contributions 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 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. Reduction 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 ofthe 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 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. 11 Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines othenA/ise, in writing, the Grantee agrees to maintain all documentation of 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. Section 7. Reporting, Record Retention, 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 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 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 Communities Served 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. 12 Section 8. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. B. Project Audit. The Grantee agrees to have performed financial and compliance audits SANDAG may require consistent with the TransNet Extension Ordinance for TransNet funds. This Project's MPO ID Number is located in both Recital H, above, and on Attachment A. The Grantee agrees that Project closeout 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, if applicable, either fonwards 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 notification 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 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. 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), and consistent with 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 the remaining 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 performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including 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 to be provided for the Project if the Grantee has violated the terms of the 13 Agreement, or SANDAG Board Policy No. 035, or if SANDAG determines that the purposes of the laws or policies authorizing the Project would not be adequately served by the continuation of SGIP Funding for the Project. D. In general, termination of SGIP Funding for the Project will not invalidate obligations properly incurred by 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 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 must 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 SANDAG Board Policy No. 035. 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 if 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 writing. SANDAG will then determine whether the Project is still consistent with the overall objectives ofthe 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 withheld or refunded due to substantive Project changes. Section 10. Disputes and Venue A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1 Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to SANDAG's Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within 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 within 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 2 If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures. Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee shall be final. C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. 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 carry 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 authorized to do business in the State of California or the equivalent types and amounts of self-insurance, as follows: A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others EndorsemenL" The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as an additional insured. D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable 15 insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to $24 million (Class V) or better," or 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 California. 2. 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. 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 of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. Section 14. 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 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 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 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 agents, officers, or employees. B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save, and hold harmless SANDAG and its 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 ofthe publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. 16 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 or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 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 in this 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 confinue 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. 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 1243 National 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 IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF NATIONAL CITY GARY L. GALLEGOS Executive Director [Full Name] [Title] APPROVED AS TO FORM: APPROVED AS TO FORM Associate General Counsel [Full Name] [Title] 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 AND/OR CONSTRUCTION, MASTER PLAN, ETC.), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET) TransNet MPO ID NO. 19 ATTACHMENT B 035 BOARD POLICY NO. 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 Program, 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 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 20 of the grant agreement, and the planning project must be complete within two years following award of the consultant contract. Complefion of planning for purposes of this policy shall be when grantee approves the final planning project deliverable. If no consultant contract award is necessary, the planning project must be complete within two years of execution of the grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary services contract for operations must be awarded within one year following execution of the grant agreement, and the operations must commence within six months following award of the operations contract. If no services contract for operations is necessary, the operations project must commence within one year of execution of the grant agreement. 1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment or vehicles, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award of the purchase contract. Project Milestone and Completion Deadline Extensions 2.1. Schedules within grant agreements may include project scopes and schedules that will identify interim milestones in addition to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Secfion 1 may be approved by the SANDAG Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a completion deadline in Secfion 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 Secfion 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 acfions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended fime frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Secfion 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. 21 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination ofthe grant agreement and obligafion 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 Secfion 1 (including those projects that were already granted extensions by the Execufive Director and are again falling behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. 3.2 A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If sufficient fime is available, and the grant ufilized TransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representafive available at the meeting to present the informafion to, and/or answer quesfions from, the ITOC and Policy Advisory Committee. 3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuafing circumstances that the grantee could not have reasonably foreseen. 4. Resolufion and Execufion 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 Subsecfion 4.1. Failure to provide a resolufion that meets the requirements in this Subsection 4.1 will result in rejecfion ofthe application and the application will be dropped from consideration with funding going to the next project as scored by the evaluafion committee. In order to assist grantees in meefing this resolufion deadline, when SANDAG issues the call for projects it will allow at least 90 days for grant applicafion submission. 4.1.1 Grantee governing body commits to providing the amount of matching funds set forth in the grant applicafion. 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 prospecfive 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 discrefion. Any project that loses funding due to failure 22 to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applicafions. Adopted: January 2010 23 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact informafion for the project manager. Grantee must provide SANDAG with updated contact informafion in a fimely manner if there are any changes to staff assigned. 2. Design Development Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development meefings, 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 esfimates (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 substanfial conformance. SANDAG may comment on submitted plans regarding: • whether they are consistent with the project proposed in the original grant applicafion, and • consistency with accepted pedestrian/bicycle facility standards. 4. 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. 5. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvements against stated project objecfives, 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 meefing summary following the meefing. SANDAG staff may attend any meefings 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, anficipated progress next quarter, pending issues and acfions toward resolufion, and status of budget and schedule. 24 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS SMART GROWTH INCENTIVE GRANT PROGRAM QUARTERLY PROGRESS REPORT Reporting Period Due Date Project Tifie: Project Manager Name: Agency: Address: Telephone: Contract #: Invoice Date: Invoice #: Invoice Period: (from) (to) Task 1 (Fill in each task from Scope of Work) 1. Work Accomplished this Invoice Period Add description 2. Work Anticipated for Next Invoice Period Add descripfion 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 Task Scheduled Start Date Scheduled Completion Date Completed This Invoice Period? (mark x) Start Next Invoice Period? (mark x) Complete Next Invoice Period? (mark x) Anticipated Completion Date (if not as scheduled)* Taski Task 2 Task 3 Action/s requested of SANDAG (check appropriate box/es): • No action requested • Amendment to*: • Scope of Work Describe: Justificafion: • Project Budget Describe: Jusfification: • Project Schedule Describe: Justificafion: * 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 for the delays and why they were unavoidable, and • demonstrate how the project will meet the proposed revised deadlines if 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 grant agreement terms and conditions. Amendment requests are subject to SANDAG approval *Note that any changes from scheduled start and complefion 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 acfions required for schedule adjustments. 26 Invoice Part 1 of 2 Smart Growth Incentive Program Invoice Templatt To: Heather Cooper SANDAG 401 B Street, Suite 800 San Diego, CA 92101-4231 Name Project Name: Contract Number: Grant Invoice Number: Billing Period: Invoice Date: # FROM DATE Grant Award: Balance Remaining $0.00 Cumnt MMrt)D/YYYY to MMfflJD/YYYY SANDAO Total TASK HMch Totari MrilrCMto ContncMr ClMl» OHwrCoM HdsimniM TMstowQioe 1 Insert Task 1 Description $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.oc 2 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $o.oc 3 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5 $0.00 $0.00 $0.00 6 $0.00 $0.00 $0.00 7 $0.00 $0.00 $0.00 8 $0.00 $0.00 $0.0G 9 $0.00 $0.00 $0.00 10 $0.00 $0.00 $0.00 11 $0.00 $0.00 $0.00 12 $0.00 $0.00 $0.00 13 $0.00 $0.00 $0.00 14 $0.00 $0.00 $0.0C 15 $0.00 $0.00 $0.00 16 $0.00 $0.00 $0.00 17 $0.00 $0.00 $0.00 18 $0.00 $0.00 $0.00 19 $0.00 $0.00 $0.00 20 $0.00 $0.00 $0.00 21 $0.00 $0.00 $0.00 22 $0.00 $0.00 $0.00 23 $0.00 $0.00 $0.00 24 $0.00 $0.00 $0.00 25 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Current Expenditures: $0.00 Total Amount Due this Invoice: $0.00 Less 10% Retention: $0.00 Match % Met to Date: 0% Invoice Part 1 of 2 Other Costs (Column G) Describe Expenses: Project Budget SANDAfi Grttit Matoh Taski Project Budget SANDAfi Grttit Matoh Task 2 Taski $0.00 $0,00 $0,00 Tasks Task 2 $0.00 $0,00 $0,00 Task 4 Tasks $0.00 $0,00 $0.00 Task 4 $0.00 $0,00 $0.00 Task 5 $0.00 $0,00 $0,00 Task 6 $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 $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 $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 $0.00 $0,00 $0.00 $0.00 $0,00 $0,00 TOTAL $0.00 $0,00 $0.00 Required Match % 0.00% CERTIFICATION OF GRANTEE I hereby certify that the above costs are eligible costs incurred in performance of the vwrk required under the grant and are consistent with the amounts evidenced by the attached supporting documentation and expenditures. Signature Printed Name and Title 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2013-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR FIND THE VILLAGE, AN INNOVATIVE PEDESTRIAN AND BICYCLIST WAY FINDING SIGNAGE SYSTEM, 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 Year 2011-2012; and WHEREAS, City of Carisbad wishes to receive $215,000 in Smart Growth Incentive Grant funds for the following project: Find the Village, an innovative pedestrian and bicyclist way finding signage system that links the commercial district of the Village with the surrounding residential areas and transit opportunities; and WHEREAS, City of Carisbad 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 ofthe grantee; and WHEREAS, City of Carisbad agrees to complete the proposed grant project within a fimely matter and in compliance with Board Policy No. 035. NOW, THEREFORE, BE IT RESOLVED by City Council that City of Carlsbad is authorized to submit an application to SANDAG Smart Growth Grant Program funding in the amount of $215,000 for Find the Village, an innovative pedestrian and bicyclist way finding signage system that links the commercial district of the Village with the surrounding residenfial areas and transit opportunities; and BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund Find the Village, an innovative pedestrian and bicyclist way finding signage system that links the commercial district of the Village with the surrounding residenfial areas and transit opportunities. City Council commits to providing $35,000 of matching funds by way of $10,000 in cash and "1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 $25,000 of in-kind staff and consultant time (in addition to $215,000 grant) using Gas Tax funds and/or in-kind contributions and authorizes City of Carisbad staff to accept the grant funds, execute the attached grant agreement with SANDAG with no exceptions, and complete the Find the Village, an innovative pedestrian and bicyclist way finding signage system that links the commercial district of the Village with the surrounding residential areas and transit opportunities. City Council by resolution authorizes the Finance Director to appropriate the local match of $10,000 if the grant is awarded by SANDAG. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meefing ofthe City Council of the City of Carisbad on the 8^^ day of January, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. MATT H^VLL, Mayor ATTEST: 22- ATTACHMENT: TRANSNET Smart Growth Incentive Grant Program Grant Agreement with SANDAG. // II II '*••• ' -II II II II II II 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/JURISDICTION 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 Associafion of Governments (hereinafter referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, California, and the [Grant Recipient and Address] (hereinafter referred to as "Grantee"). This agreement expires on [Month] [Day], [Year]. The following recitals are a substanfive part of this Agreement: A. In November 2004, the voters of San Diego County approved SANDAG Ordinance 04-01, which extended the TransNet Vz cent sales and use tax through 2048 (Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP), which funding began on April 1, 2008. C. The SGIP is commonly referred to, herein, as the "Smart Growth Incenfive" grant program (SGIP). The SANDAG 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 TransNet funds [insert new future date when BOD approved acfion described in this recital] by Resolution Number [insert Reso number]. D. On [insert updated future date], SANDAG issued a Call for Projects from local jurisdicfions in San Diego County wishing to apply for a portion of the SGIP 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 SGIP. F. Grantee successfully applied for SGIP Funding for the following project: [Insert Project Name/Descripfion] (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 condifions for SANDAG to provide Grantee with funding to implement the Project. Contracts Staff: Before finalizing this agreement for internal SharePoint routing please obtain from SANDAG Finance and Planning staff the TransNet MPO ID 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) in Extension Ordinance funds]. TransNet MPO ID . I. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not be responsible for Project implementafion or hold any substantial control of the Project. NOW, THEREFORE, it is agreed as follows: Section 1. Definitions A. Application. The signed and dated grant applicafion, 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 applicafion materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Agreement. This Grant Agreement, together with all Attachments hereto, which are hereby incorporated into this Agreement and contain addifional terms and condifions that are binding upon the parties. C. 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 acfion may not be taken or omitted without such written permission. Except to the extent that SANDAG determines otherwise in writing, such approval, authorizafion, concurrence, or waiver permitting the performance or omission of a specific action does not consfitute permission to perform or omit other similar acfions. An oral permission or interpretation has no legal force or effect. (See also Nofice to Proceed, below at paragraph I in this Secfion 1.) D. 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 currenfly eligible, the specific tasks (including specific contingencies) covered, and the esfimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is attached hereto as a secfion of Attachment A. E. SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the Smart Growth Incenfive Program (SGIP). F. Grantee. The local jurisdicfion that is the recipient of SGIP Funding under this Agreement. If the Grantee enters into agreements with other parties to assist with the implementafion 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. Note to 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 not 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 applicafion and 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 submitted an applicafion and was evaluated based on its representation that it 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, whichever 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 for work performed prior to SANDAG's issuance of a Nofice to Proceed. J. Subgrantee. Any contractor or consultant, at any fier, paid directly or indirectly with funds flowing from this Agreement for the Project. K. Term. The Term 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. Section 2. 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 Project Description/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, regulafions, and policies pertaining to the Project and the Grantee, including but not limited to the 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 with 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 Implementafion and Oversight Requirements attached hereto as Attachment C and SANDAG Board Policy No. 035 as amended. Addifionally, if Grantee hires a consultant to carry out professional sen/ices, funded under this Agreement, Grantee shall: prepare an Independent Cost Esfimate (ICE) prior to solicifing 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, 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. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the applicafion submitted by Grantee, which contained representafions by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG SGIP scoring criteria. Any substantive deviation from Grantee's representafions in the Project Justificafion during project implementafion may require reevaluafion or result in loss of funding. If Grantee knows or should know that substantive changes in the Project Justification have occurred or will occur. Grantee will immediately nofify SANDAG in wrifing. SANDAG will then determine whether the Project is still consistent with the overall objecfives of the SGIP Program and that the changes would not have negafively affected the Project ranking during the competitive grant evaluafion process. SANDAG reserves the right to have SGIP Funding withheld from, or refunded to SANDAG from Grantee due to Grantee's failure to satisfactorily complete the Project or due to substantive changes to the Project Justificafion. See Secfion 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, regulafion, or the TransNet Ordinance, the Grantee must comply with the federal or state law and implemenfing regulafions. 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, regulafion, or ordinance. If compliance with any provision of this Agreement violates or would require the Grantee to violate any law, the Grantee agrees to nofify SANDAG immediately in wrifing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or portions thereof expedifiously. 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 Partners v. Department of Industrial Relations 191 Cal. App. 4th 1 [2010]), may require that Trans/Vef-funded public works projects pay prevailing wages for workers. Before entering into a grant agreement with SANDAG, grantees are strongly encouraged to seek legal counsel regarding whether the Asuza case will subject the grant project to prevailing wage laws consistent with Labor Code Section 1720 et seq. This Grant 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 responsibilifies to one or more subgrantees, the Grantee agrees that it, rather than any subgrantee, is ulfimately responsible for compliance with all applicable laws, regulafions, 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 fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the enfity carries out the Grantee's responsibilifies as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulafions, 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 enfity 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 the entity's responsibilities under applicable laws, regulafions, or policies. 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, 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. F. No SANDAG Obligations to Third-Parties. In connecfion with the Project, the Grantee agrees that SANDAG shall not be subject to any obligafions or liabilifies 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 obligafions or liabilifies to any entity other than the Grantee, including any subgrantee, lessee, or third-party contractor at any fier. G. Changes in Project Performance. The Grantee agrees to notify SANDAG immediately, in wrifing, 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 SANDAG Board Policy No. 035 (Competifive Grant Program Procedures). The Grantee also agrees to notify SANDAG immediately, in wrifing, of any current or prospecfive major dispute, breach, default, or lifigafion that may adversely affect SANDAG's interests in the Project; and agrees to inform SANDAG, also in wrifing, before naming SANDAG as a party to lifigafion for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsecfion 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 it anficipates a delay in performance. H. 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. I. Anti-Discrimination Laws. SANDAG implements its programs without regard to income level, disability, race, color, and nafional origin in compliance with the Americans with Disabilities Act and Tifie VI of the Civil Rights Act. Grantee shall prohibit discriminafion on these grounds, and ufilize a process for addressing complaints of discriminafion. 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 lodged 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 the actions of its officers, employees, council or board members, or agents engaged in the award or administrafion of subagreements, leases, or third-party contracts supported with SGIP Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, board members, or agents may neither solicit nor accept gratuifies, 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 organizafion that employs, or intends to employ, any of the parties listed herein has a financial interest in the enfity selected for award. The Grantee may set de minimis rules where the financial interest is not substanfial, 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 posifions in a manner that presents a real or apparent personal or organizafional 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 penalfies, sanctions, or other disciplinary actions for violafions by its officers, employees, 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 selecfion, award, or administration of any third-party contract or subagreement supported by SGIP Funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organizafion that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected 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 prevenfing real and apparent organizafional conflicts of interest. An organizafional 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 acfivities, result in an unfair competifive advantage to the third-party contractor or subgrantee or impair its objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff are specifically prohibited from participating in the selecfion process when those staff have a close personal relafionship, family relafionship, or past (within the last 12 months), present, or potenfial business or employment relafionship 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 solicifing or accepfing gratuifies from any organizafion seeking funding from SANDAG. SANDAG's officers, employees, agents, and board members shall not solicit or accept gifts, gratuifies, favors, or anything of monetary value from consultants, potenfial consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violafion 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 Funding applicafion 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 it has made, it makes, or it may make in connecfion with the Project, including, but not limited to, the Grantee's grant applicafion, progress reports and invoices. Section 4. Approved Project Budget Except to the extent that SANDAG determines otherwise in wrifing, 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-allocafion of funds among budget items or fiscal years that does not increase the total amount of the SGIP Funding awarded for the Project may be made by SANDAG's Project Manager 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. 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 notificafion 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 Grantee agrees to remit the owed amounts to SANDAG, including applicable interest, penalties, and administrafive 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 quarterly 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 extent that 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, not advance basis, after both the Effective Date of the Agreement and following Grantee's receipt of a Nofice to Proceed from SANDAG, 6. Safisfactorily documented with supporting documentafion which is to be submitted with each invoice, 7. Treated consistently in accordance with generally accepted accounfing principles and procedures for the Grantee and any third-party contractors and subgrantees, (see Secfion 6 Accounfing Records), and 8. Eligible for SGIP Funding as part of the SGIP Program Claim Eligible Costs. 9. Expended allowable direct and indirect costs. Indirect costs will be reimbursed only if the Grantee has an approved indirect cost allocafion 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 allocafion 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 certified accounfing 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 allocafion plan, then indirect costs are not eligible for reimbursement. 10. Project generated revenue realized by the Grantee shall be ufilized in support of the Project. Project generated revenue and expenditures, if any, shall be reported at the end of the Agreement period. 11. In the event the Grantee receives payment from SANDAG, for which reimbursement is later deemed ineligible and disallowed by SANDAG, the Grantee shall promptiy 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 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 1. 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 writing 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 violafion 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 determinafion about the allowability and eligibility of any cost unfil 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 ofthe SGIP 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 SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar acfions; 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. 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 Participafion 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 accordingly. Thank you. G. Matching Funds Grantee has proposed matching funds for the project and therefore agrees as follows: 10 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 cost 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 contribufions 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 the Project. Each of Grantee's invoices must include its pro-rata matching fund contribution as refiected in the Approved Project Budget, along with supporting, descriptive and/or explanatory documentafion 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 cumulafively over the life of the project, the idenfical amount to make up the difference may be withheld as retention for each invoice unfil the minimum match cumulatively over the life of the project is safisfactorily 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. Reduction 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 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 documentafion 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. 11 Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines othenwise, in writing, the Grantee agrees to maintain all documentation of 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. Section 7. Reporting, Record Retention, and Access A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws and regulafions, policies, the Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that all reports and other documents or informafion 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 relafing 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. Quarteriy 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, esfimates, and other evidence of attainment of the Agreement objectives, which are requested by SANDAG or the ITOC. Grantee may be required to attend meefings of SANDAG staff and committees, including ITOC, to report on its progress and respond to quesfions. G. Data Collection and Communities Served Report. If requested. Grantee shall provide SANDAG with data regarding how the Project's benefits and burdens were equitably distributed among socio and economic populafions in the area affected by the Project, and associated smart growth data. 12 Section 8. 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 certificafion 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 complefion of the Project. B. Project Audit. The Grantee agrees to have performed financial and compliance audits SANDAG may require consistent with the TransNet Extension Ordinance for TransNet funds. This Project's MPO ID Number is located in both Recital H, above, and on Attachment A. The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilifies. C. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicable, either fonwards the final SGIP Funding payment and liquidates any remaining funds. The Grantee agrees that Project closeout by SANDAG does not invalidate any confinuing requirements imposed by the Agreement or any unmet requirements set forth in a written notificafion from SANDAG. D. Project Use. Grantee was awarded this Agreement based on representafions 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. 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), and consistent with SANDAG Board Policy No. 035 and any policy amendments thereto. If fimely 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 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 substanfial performance of the Project shall provide sufficient grounds for SANDAG, in its sole discrefion, to terminate this Agreement. B. In the event Grantee encounters difficulty in meefing the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in wrifing, 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 nofification 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 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 to be provided for the Project if the Grantee has violated the terms of the 13 Agreement, or SANDAG Board Policy No. 035, or if SANDAG determines that the purposes of the laws or policies authorizing the Project would not be adequately served by the continuation of SGIP Funding for the Project. D. In general, termination of SGIP Funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligafions 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 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 must agree to amend the Agreement in wrifing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAG's discrefion if Grantee's request is consistent with the provisions of SANDAG Board Policy No. 035. F. Amendment of Scope. The grant was awarded based on the applicafion 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 substanfive deviation from the Scope of Work must be approved by SANDAG if 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 wrifing. SANDAG will then determine whether the Project is still consistent with the overall objectives ofthe 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 withheld or refunded due to substantive Project changes. Section 10. 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 wrifing to cease performance. The dispute resolufion process for disputes arising under this Agreement shall be as follows: 1 Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to SANDAG's Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentafion in a fimely 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 within 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 2 If Grantee is dissatisfied with the results following exhaustion of the above dispute resolufion procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee shall be final. C. Venue. If any acfion 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 entitied 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. 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 carry 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 authorized to do business in the State of California or the equivalent types and amounts of self-insurance, as follows: A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others Endorsement." The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of Califomia. 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 insurance provider, as determined by SANDAG, which safisfies the following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classificafion of "A-" or better, and a financial size of "$10 million to $24 million (Class V) 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 California. 2. 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. 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 of this nofice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. Section 14. Indemnification and Duty to Defend A. Generally. With regard to any claim, protest, or lifigafion 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 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 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 investigafing 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 agents, officers, or employees. B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save, and hold harmless SANDAG and its officers, agents, and employees acfing within the scope of their official dufies 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 ofthe publicafion, translafion, reproduction, delivery, use, or disposifion of any data furnished under the Project. The Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. 16 Section 15. Relationship of Parties For purposes of this Agreement, the relationship of the parties is that of independent entifies and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 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 othenwise. Grantee shall have no authority, express or implied, to bind SANDAG or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this 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 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 wrifing, signed by SANDAG and the Grantee. Section 17. Notice Any nofice 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 1243 Nafional 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 thatthe applicable RTIP has been approved. Thank you. Section 18. Signatures The individuals execufing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respecfive legal entifies. 17 IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF NATIONAL CITY GARY L. GALLEGOS Executive Director [Full Name] [Title] APPROVED AS TO FORM: APPROVED AS TO FORM Associate General Counsel [Full Name] [Title] 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 AND/OR CONSTRUCTION, MASTER PLAN, ETC.), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET) TransNet MPO ID NO. 19 ATTACHMENT B BOARD POLICY NO. VJ\JKJ 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 Mifigafion Program, Bike and Pedestrian Program, Senior Mini Grant Program, Job Access Reverse Commute, New Freedom, and Section 5310 Elderly & Persons with Disabilifies Transportafion Program. Nothing in this Policy is intended to supersede federal or state grant rules, regulations, statutes, or contract documents that confiict 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 competifive 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 competifive 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 Complefion 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 construcfion 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 execufion 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 execufion 20 of the grant agreement, and the planning project must be complete within two years following award of the consultant contract. Complefion 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 execufion ofthe grant agreement. 1.1.3 Funding for Operations Grants. If the grant will fund operafions, 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 execufion of the grant agreement, and the operafions must commence within six months following award of the operations contract. If no services contract for operations is necessary, the operafions project must commence within one year of execution of the grant agreement. 1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment or vehicles, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months following award ofthe purchase contract. 2. Project Milestone and Complefion Deadline Extensions 2.1. Schedules within grant agreements may include project scopes and schedules that will identify interim milestones in addition to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAG Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a complefion deadline in Secfion 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 wrifing to the SANDAG Program Manager at least two weeks prior to the eartiest 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 Execufive Director's action will be reported out to the Board in following month's report of delegated acfions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended fime 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 Execufive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. 21 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination of the grant agreement and obligafion by the grantee to return to SANDAG any unexpended funds within 30 days. Unexpended funds are funds for project costs not incurred prior to rejecfion of the extension request by the Policy Advisory Committee. 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 Secfion 1 (including those projects tbat^were alr«ady^ranted-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 fime frame the grantee proposes. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If sufficient fime is available, and the grant ufilized 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 meefing to present the informafion to, and/or answer quesfions 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. Resolution and Execufion 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 resolufion from their authorized governing body that includes the provisions in this Subsecfion 4.1. Failure to provide a resolufion that meets the requirements in this Subsecfion 4.1 will result in rejecfion ofthe applicafion 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 Ihis 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. 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 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 23 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1 Contact Infomiation: 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 Design Development Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and 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 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 standards. 4 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. 5 Performance Monitoring: SANDAG staff may measure performance 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 meefings, 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 next quarter, pending issues and actions toward resolufion, and status of budget and schedule. 24 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS SMART GROWTH INCENTIVE GRANT PROGRAM QUARTERLY PROGRESS REPORT Reporting Period Due Date Project Title: Project Manager Name: Agency: Address: Telephone: Contract #: Invoice Date: Invoice #: Invoice Period: (from) (to) Task 1 (Fill in each task from Scope 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 descripfion 3. Challenges or Problems Experienced and Actions Toward Resolution Add description 25 Summary of Progress Task Scheduled Start Date Scheduled Completion Date Completed This Invoice Period? (mark x) Start Next Invoice Period? (mark x) Complete Next Invoice Period? (mark x) Anticipated Completion Date (if not as scheduled)' Task 1 T5sk2 Task 3 Action/s requested of SANDAG (check appropriate box/es): • No action requested • Amendment to*: • Scope of Work Describe: Justificafion: • Project Budget Describe: Justificafion: • Project Schedule Describe: Justificafion: * 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 for the delays and why they were unavoidable, and • demonstrate how the project will meet the proposed revised deadlines if 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 grant 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 acfions required for schedule adjustments. 26 Invoice Part 1 of 2 Smart Growtii Incentive Program Invoice Templatt Heather Cooper SANDAG 401 B Street, Suite 800 San Diego, CA 92101-4231 Name Project Name: Contract Number: Grant Invoice Number: Billing Period: Invoice Date: FROM DATE Grant Award: Balance Remaining $0.00 Previous Balance Current MNVDD/YYYY to MM/DD/YYYY Total Expenses SANDAO Total Match Spent Balance TASK ReNnbwMd Mitch Total Walt Costs Consultant er Cemnieier Costs Othsr Costs This IhvelM ' ] This Inv aics This Inveics RsAMlning 1 nsert Task 1 Description $0,00 $0,00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 2 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0:00 3 $0,00 $0.00 $0.00 $0,00 $0,00 $0.00 $0.00 1 $0.00 4 $0,00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 5 $0.00 $0.00 $0.00 6 $0.00 $0.00 $0.00 7 $0.00 $0.00 $0.00 8 $0.00 $0.00 $0.00 9 $0.00 $0.00 $0.00 10 $0.00 $0.00 i $0.00 11 $0.00 $0.00 $0.00 12 $0.00 $0.00 $0.00 13 $0.00 $0.00 \ $0.00 14 $0.00 $0.00 $0.00 15 $0.00 $0.00 $0.00 16 $0.00 $0.00 \ $0.00 17 $0.00 $0.00 $0,00 18 $0.00 $0.00 i $0.00 19 $0.00 $0.00 $0.00 20 $0.00 $0.00 $0.00 21 $0.00 $0.00 1 -J $0.00 22 $0.00 $0.00 $0.0C 23 $0.00 $0.00 $0.00 24 $0.00 $0.00 • i- • $0.00 25 $o.oc $0.00 1 • $0.00 Tota $0,0C $0.0C $o.oc $0.00 $0.00 $o.oc $0.00 1 $0.00 $0.00 $0.00 Tota Total A 1 Current Expenditures: $0.00 mount Due this Invoice: $0.00 Less 10% Retention: $0.00 Match % Met to Date: 0% Invoice Part 1 of 2 Other Costs (Column G) Descrit>e Expenses: Project Budget SANDAO Grant Match . Total Task 1 Project Budget SANDAO Grant Match . Total Task 2 Taski $0.00 $0.00 $0.00 Task 3 Task 2 $0.00 $0.00 $0,00 Task 4 Tasks $0,00 $0,00 $0,00 Task 4 $0.00 $0.00 $0,00 Task 5 $0.00 $0.00 $0,00 Task 6 $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 $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 $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 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $0.00 $0.00 $0.00 Required Match % 0.00% CERTIFICATION OF GRANTEE I hereby certify that the above costs are eligible costs incurred in performance of the work required under the grant and are consistent vvith the amounts evidenced by the attached supporting documentation and expenditures. Signature Printed Name and Title 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2013-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE FILING OF AN APPLICATION FOR SMART GROWTH INCENTIVE GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR CONNECT THE VILLAGE, A TRAFFIC CALMING AND PEDESTRIAN CONNECTIVITY PROJECT, 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 Year 2011-2012; and WHEREAS, City of Carlsbad wishes to receive $255,000 in Smart Growth Incentive Grant funds for the following project: Connect the Village, a traffic calming and pedestrian connectivity project that installs nine traffic circles in the "barrio" neighborhood of Carlsbad; and WHEREAS, City of Carlsbad 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, City of Carlsbad agrees to complete the proposed grant project within a timely matter and in compliance with Board Policy No. 035. NOW, THEREFORE, BE IT RESOLVED by City Council that City of Carlsbad is authorized to submit an application to SANDAG Smart Growth Grant Program funding in the amount of $255,000 for Connect the Village, a traffic calming and pedestrian connectivity project that installs nine traffic circles in the "barrio" neighborhood of Carlsbad; and BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund Connect the Village, a traffic calming and pedestrian connectivity project that installs nine traffic circles in the "barrio" neighborhood of Carlsbad, City Council commits to providing $60,000 of matching funds by way of $45,000 in cash and $15,000 of in-kind staff and consultant time (in addition to $255,000 grant) using Gas Tax funds and/or in-kind contributions and authorizes City of Carlsbad staff to accept the grant funds, execute the attached grant agreement with SANDAG 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 with no exceptions, and complete the Connect the Village, a traffic calming and pedestrian connectivity project that installs nine traffic circles in the "barrio" neighborhood of Carisbad. City Council by resolufion authorizes the Finance Director to appropriate the local match of $45,000 from the Gas Tax Fund if the grant is awarded by SANDAG. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meefing ofthe City Council of the City of Carisbad on the 8**^ day of January, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. nt City Clerk ATTACHMENT: TRANSNET Smart Growth Incenfive Grant Program Grant Agreement with SANDAG. II II II II II II II II 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/JURISDICTION 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 Associafion of Governments (hereinafter referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, California, and the [Grant Recipient and Address] (hereinafter referred to 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 SANDAG Ordinance 04-01, which extended the TransNet Yz cent sales and use tax through 2048 (Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Smart Growth Incentive Program (SGIP), which funding began on April 1, 2008. C. The SGIP is commonly referred to, herein, as the "Smart Growth Incenfive" grant program (SGIP). The SANDAG 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 TransNet funds [insert new future date when BOD approved acfion described in this recital] by Resolution Number [insert Reso number]. D. On [insert updated future date], SANDAG issued a Call for Projects from local jurisdictions in San Diego County wishing to apply for a portion of the SGIP 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 SGIP. F. Grantee successfully applied for SGIP Funding for the following project: [Insert Project Name/Descripfion] (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 condifions for SANDAG to provide Grantee with funding to implement the Project. Contracts Staff: Before finalizing this agreement for internal SharePoint routing please obtain from SANDAG Finance and Planning staff the TransNet MPO ID 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) in Extension Ordinance funds]. TransNet MPO ID . \. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not be responsible for Project implementafion or hold any substantial control of the Project. NOW, THEREFORE, it is agreed as follows: Section 1. Definitions A. Application. The signed and dated grant applicafion, 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 applicafion materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Agreement. This Grant Agreement, together with all Attachments hereto, which are hereby incorporated into this Agreement and contain addifional terms and condifions that are binding upon the parties. C. 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 wrifing, such approval, authorizafion, concurrence, or waiver permitfing the performance or omission of a specific action does not constitute permission to perform or omit other similar acfions. An oral permission or interpretation has no legal force or effect. (See also Nofice 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 SANDAG for which the Grantee is currently eligible, the specific tasks (including specific confingencies) covered, and the esfimated cost of each task, that has been approved by SANDAG. The Approved Project Budget is attached hereto as a section of Attachment A. E. SGIP Funds and Funding. Funding from the TransNet Extension Ordinance for the Smart Growth Incentive Program (SGIP). F. Grantee. The local jurisdiction that is the recipient of SGIP 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. Note to 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 not 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 applicafion and 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 submitted an applicafion and was evaluated based on its representafion that it 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, whichever 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 for work performed prior to SANDAG's issuance of a Notice to Proceed. J. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. K. Term. The Term of this Agreement begins on the date SANDAG issues the Nofice 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. Section 2. 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 Project Description/Scope of Work attached as Attachment A. 2. Effective Date. The effecfive date of tiiis Agreement or any amendment hereto is the date on which this Agreement or an amendment is fully executecl. The Grantee agrees to undertake Project only after receiving a written Nofice 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, regulafions, and policies pertaining to the Project and the Grantee, including but not limited to the Extension Ordinance. 4. Project Schedule. The Grantee agrees to complete the Project according to the Project Schedule attached hereto as a secfion of Attachment A and in compliance with 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, if Grantee hires a consultant,to carry out professional services, funded under this Agreement, Grantee shall: prepare an Independent Cost Esfimate (ICE) prior to soliciting proposals; publicly advertise for compefing proposals for the work; use cost as an evaluafion factor in selecfing 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, 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. 6. Changes to Project's Scope of Work. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG SGIP scoring criteria. Any substantive deviation from Grantee's representations in the Project Justificafion during project implementafion may require reevaluafion or result in loss of funding. If Grantee knows or should know that substantive changes in the Project Justificafion have occurred or will occur. Grantee will immediately notify SANDAG in wrifing. SANDAG will then determine whether the Project is 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 satisfactorily 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, regulafion, or the TransNet Ordinance, the Grantee must comply with the federal or state law and implemenfing regulafions. 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 contravenfion of federal, state, territorial, or local law, regulafion, 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 wrifing. Should this occur, SANDAG and the Grantee agree that they will make appropriate arrangements to proceed with or, if necessary, terminate the Project or portions thereof expedifiously. 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 Partners v. Department of Industrial Relations 191 Cal. App. 4th 1 [2010]), may require that TransA/ef-funded public works projects pay prevailing wages for workers. Before entering into a grant agreement with SANDAG, grantees are strongly encouraged to seek legal counsel regarding whether the Asuza case will subject the grant project to prevailing wage laws consistent with Labor Code Section 1720 et seq. This Grant 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. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1 Entities Affected. If an entity other than the Grantee is expected to fulfill any responsibilifies typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilifies as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulafions, 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 the entity's responsibilities under applicable laws, regulations, or policies. 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, 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. F. 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 liabilifies to any entity other than the Grantee, including any subgrantee, lessee, or third-party contractor at any fier. G. 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 SANDAG Board Policy No. 035 (Competitive Grant Program Procedures). The Grantee also agrees to notify SANDAG immediately, in wrifing, 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 wrifing, before naming SANDAG as a party to lifigafion for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsecfion 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 it 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 performed in accordance with the applicable standard of care. Where approval by SANDAG, its Execufive 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. I. Anti-Discrimination Laws. SANDAG implements its programs without regard to income level, disability, race, color, and national origin in compliance with the Americans with Disabilifies 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 lodged 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 the actions of its officers, employees, council or board members, or agents engaged in the award or administrafion of subagreements, leases, or third-party contracts supported with SGIP Funding. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, board members, or agents may neither solicit nor accept gratuifies, favors, or anything of monetary value from any present or potenfial 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 organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the entity selected for award. The Grantee may set de minimis rules where the financial interest is not substanfial, 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 posifions 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, 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 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 the firm selected 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 organizafional 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 activifies, result in an unfair competitive advantage to the third-party contractor or subgrantee or impair its objecfivity in performing the contract work. B SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of Interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerafions. SANDAG staff are specifically prohibited from participating in the selection process when those staff have a close personal relafionship, family relationship, or past (within the last 12 months), present, or potenfial business or employment relafionship 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 accepfing 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 an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission, the Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its SGIP Funding applicafion 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 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. 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 obligafions 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-allocafion of funds among budget items or fiscal years that does not increase the total amount ofthe SGIP Funding awarded for the Project may be made by SANDAG's Project Manager 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. Section 5. Payments A. Funding Commitment. The Grantee agrees that SANDAG's maximum commitment for Project Costs will not exceed the Maximum SANDAG Contribufion 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 notificafion 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 Grantee 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 frequenfly 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 quarterly 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 complefion 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 extent that SANDAG determines othewise, in wrifing, 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, 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 accounfing principles and procedures for the Grantee and any third-party contractors and subgrantees, (see Secfion 6 Accounfing Records), and 8. Eligible for SGIP Funding as part of the SGIP Program Claim Eligible Costs. 9 Expended allowable direct and indirect costs. Indirect costs will be reimbursed only if 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 allocafion 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 certified accounfing 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. 11. In the event 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. rransA/et Project Eligibility TransNet SGIP Funds may be expended for capital projects such as pedestrian improvements, bicycle and transit facilities, and other innovafive smart growth supporting infrastructure, as well as planning projects such as updates to land use plans to qualify for "potenfial" smart growth opportunity area as "exisfing/planned," and other planning activities that facilitate smart growth. E. Excluded Costs 1. In determining the amount of SGIP Funding SANDAG will provide for the Project, SANDAG witt^xdude^ a. Any Project cost incurred by the Grantee before either the date SANDAG issues a Nofice to Proceed to Grantee or the Effecfive Date of the Agreement or any Amendment thereto; b. Any cost that is not included in the latest Approved Project Budget; c. Any cost for Project property or services received in connection with a subagreement, lease, third-party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG; d. Any cost ineligible for SANDAG participafion 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 determinafion 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 enfitied to receive any portion ofthe SGIP 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 SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar acfions; 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. 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 followmg sections accordingly. Thank you. G. Matching Funds Grantee has proposed matching funds for the project and therefore agrees as follows: 10 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 cost of each Project acfivity covered by the Agreement for the Project. The amount of matching funds and percentage(s) of matching funds and/or in-kind contributions 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 the Project. Each of Grantee's invoices niust Jnclude Its pro-rata matchins^ to Budget, along with supporting, descriptive and/or explanatory documentafion 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 retenfion 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. Reduction of Matching Funds The Grantee agrees that no reduction of the amount of matching funds may be made unless, at the same fime, a reducfion 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 with applicable laws, regulafions, 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 documentafion of all checks, payrolls, invoices, contracts, vouchers, orders, or other accounfing documents related in whole or in part to the Project so that they may be cleariy identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. 11 B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to maintain all documentafion of costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properiy executed payrolls, fime 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 underiying any payment in which SANDAG has agreed to participate. Section 7. Reporting, Record Retention, and Access A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws and regulafions, policies, the Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that all reports and other documents or informafion 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 relafing 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 informafion 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 safisfacfion of SANDAG. This includes progress and final reports, plans, specifications, esfimates, and other evidence of attainment of the Agreement objectives, which are requested by SANDAG or the ITOC. Grantee may be required to attend meefings of SANDAG staff and committees, including ITOC, to report on its progress and respond to quesfions. G. Data Collection and Communities Served 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. 12 Section 8. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and shall be subject to an audit upon completion of the Project. B Project Audit. The Grantee agrees to have performed financial and compliance audits SANDAG may require consistent with the TransNet Extension Ordinance for TransNet funds. This Project's MPO ID Number is located in both Recital H, above, and on Attachment A. The Grantee agrees that Project closeout will not alter the Grantee's audit responsibilifies. C. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and, if applicable, either fonwards the final SGIP Funding payment and liquidates any remaining funds. The Grantee agrees that Project closeout by SANDAG does not invalidate any confinuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. D. Project Use. Grantee was awarded this Agreement based on representafions 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. 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), and consistent with 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 the remaining 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 performance of the Project shall provide sufficient grounds for SANDAG, in its sole discretion, to terminate this Agreement. B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager in writing, and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notificafion shall be informafional 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 SANDAG Board Policy No. 035 requirements. C. Upon written nofice, the Grantee agrees that SANDAG may suspend or terminate all or any part of the SGIP Funding to be provided for the Project if the Grantee has violated the terms of the 13 Agreement, or SANDAG Board Policy No. 035, or if SANDAG determines that the purposes of the laws or policies authorizing the Project would not be adequately served by the continuafion of SGIP Funding for the Project. D. In general, terminafion of SGIP Funding for the Project will not invalidate obligafions properly incurred by the Grantee before the temiination date to the extent those obligafions cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused SGIP Funding hy failing to make adequate progress, or Ming to comply with the terms of the Agreenfient, 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 the Project Schedule will not, by itself, automatically constitute an expirafion or termination of the Agreement for the Project, however. Grantee must request and SANDAG must agree to amend the Agreement in wrifing 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 SANDAG Board Policy No. 035. F. Amendment of Scope. The grant was awarded based on the applicafion 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 if 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 wrifing. SANDAG will then determine whether the Project is sfill 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 compefitive grant evaluation process. SANDAG reserves the right to have SGIP Funding withheld or refunded due to substantive Project changes. Section 10. 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 confinue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1 Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to SANDAG's Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentafion in a fimely manner and reply to Grantee within 20 days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsiderafion to • SANDAG's Execufive Director. The request for reconsideration must be received within 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 Execufive Director will be in wrifing. 14 2 If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures. Grantee shall make a written request to SANDAG for appeal to the SANDAG 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 final. C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such lifigafion between the parties, the prevailing party shall be entitied to recover all reasonable costs incurred, including reasonable attorney's fees, lifigafion and collecfion 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 carry 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 authorized to do business in the State of California or the equivalent types and amounts of self-insurance, as follows: A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others Endorsement." The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as an additional insured. D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable 15 insurance provider, as determined by SANDAG, which safisfies the following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rafing classificafion of "A-" or better, and a financial size of "$10 million to $24 million (Class V) 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 California. 2. 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. Each insurance policy shall contain a clause which provides that the policy may not be canceled without first giving thirty (30) days advance written nofice to SANDAG. For purposes of this nofice requirement, any material change in the policy prior to its expirafion shall be considered a cancellation. Section 14. 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 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 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 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 agents, officers, or employees. B. Intellectual Property. Upon request by SANDAG, the Grantee agrees to indemnify, save, and hold harmless SANDAG and its officers, agents, and employees acfing within the scope of their official dufies 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 ofthe publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Grantee shall not be required to indemnify SANDAG for any such liability caused solely by the wrongful acts of SANDAG employees or agents. 16 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 or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 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 j)r its members, agents, or_employees, to_an^ in this 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 confinue to conform to the requirements of applicable laws or regulafions. 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 wrifing, 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 1243 National 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 execufing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 17 IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF NATIONAL CITY GARY L. GALLEGOS Executive Director [Full Name] [Title] APPROVED AS TO FORM: APPROVED AS TO FORM Associate General Counsel [Full Name] [Title] 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 AND/OR CONSTRUCTION, MASTER PLAN, ETC.), TYPES OF IMPROVEMENTS/RECOMMENDATIONS, PROJECT GOALS] (INSERT SCOPE, SCHEDULE AND APPROVED PROJECT BUDGET) TransNet MPO ID NO. 19 ATTACHMENT B BOARD POLICY NO. \J\J\J COMPETWiVE^RANT 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 Incenfive Program, Environmental Mifigafion Program, Bike and Pedestrian Program, Senior Mini Grant Program, Job Access Reverse Commute, New Freedom, and Secfion 5310 Elderly & Persons with Disabilifies Transportafion 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 Complefion 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 objecfives and schedules in the agreement. In addifion, a grantee's proposal must contain a schedule that falls within the following deadlines. Failure to meet the deadlines below may result in revocafion 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 construcfion 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 20 of the grant agreement, and the planning project must be complete within two years following award of the consultant contract. Complefion 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 execufion of the grant agreement. 1.1.3 Funding for Operafions Grants. If the grant will fund operations, the project must be completed according to the schedule provided in the grant agj^eement, 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 sen/ices contract for operations is necessary, the operations project must commence within one year of execution of the grant agreement. 1.1.4 Funding for Equipment or Vehicles Grants. If the grant will fund equipment or vehicles, the project must be completed according to the schedule provided in the grant agreement, but at the latest, any necessary purchase contracts for equipment or vehicles must be awarded within one year following execution of the grant agreement, and use of the equipment or vehicles for the benefit of the public must commence within six months foUowing award of the purchase contract. 2. Project Milestone and Complefion Deadline Extensions 2.1. Schedules within grant agreements may include project scopes and schedules that will identify interim milestones in addifion to those described in Section 1 of this Policy. Grant recipients may receive extensions on their project schedules of up to six months for good cause. Extensions of up to six months aggregate that would not cause the project to miss a completion deadline in Section 1 may be approved by the SANDAG Executive Director. Extensions beyond six months aggregate or that would cause the project to miss a completion deadline in Section 1 must be approved by the Policy Advisory Committee that has been delegated the necessary authority by the Board. For an extension to be granted under this Section 2, the following, conditions must be met: 2.1.1. For extension requests of up to six months, the grantee must request the extension in writing to the SANDAG Program Manager at least two weeks prior to the eartiest project schedule milestone deadline for which an extension is being requested. The Executive Director or designee will determine whether the extension should be granted. The Executive Director's action will be reported out to the Board in following month's report of delegated actions. 2.1.2. A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. 2.1.3. If the Executive Director denies an extension request under this Section 2, the grantee may appeal within ten business days of receiving the Executive Director's response to the responsible Policy Advisory Committee by sending the appeal to the SANDAG Program Manager. 21 2.1.4. Extension requests that are rejected by the Policy Advisory Committee will result in termination ofthe 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 l~(including-those projects tiiat-were already^graflted-extensions by the Executive Director and are again falling behind schedule), will be considered by the Policy Advisory Committee upon request to the SANDAG Program Manager. 3.2 A grantee seeking an extension must document previous efforts undertaken to maintain the project schedule, explain the reasons for the delay, explain why the delay is unavoidable, and demonstrate an ability to succeed in the extended time frame the grantee proposes. The grantee must provide the necessary information to SANDAG staff to place in a report to the Policy Advisory Committee. If sufficient time is available, and the grant utilized TransNet funds, the request will first be taken to the Independent Taxpayer Advisory Committee (ITOC) for a recommendation. The grantee should make a representative available at the meefing to present the informafion to, and/or answer questions from, the ITOC and Policy Advisory Committee. 3.3 The Policy Advisory Committee will only grant an extension under this Section 3 for extenuating circumstances that the grantee could not have reasonably foreseen. 4. Resolution and Execution of the Grant Agreement 4.1 Two weeks prior to the review by the Policy Advisory Committee of the proposed grants, prospective grantees must submit a resolution from their authorized governing body that includes the provisions in this Subsecfion 4.1. Failure to provide a resolufion that meets the requirements in this Subsection 4.1 will result in rejecfion ofthe applicafion 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 applicafion. 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 prospecfive 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 t)e 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 discrefion. Any project that loses funding due to failure 22 to meet the deadlines specified in this Policy may be resubmitted to compete for funding in a future call for grant applicafions. Adopted: January 2010 23 ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact informafion in a fimely manner if there are any changes to staff assigned. 2. Design Development Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development meefings, and a meefing summary following the meefing. SANDAG staff may attend any meefings as appropriate. 3. Plan Review: Grantee must submit project design drawings and cost esfimates (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 substanfial 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. Quarteriy Reports: Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anficipated progress next quarter, pending issues and acfions toward resolution, and status of budget and schedule. 5. Performance Monitoring: SANDAG staff may measure performance 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 next quarter, pending issues and actions toward resolution, and status of budget and schedule. 24 ATTACHMENT D QUARTERLY REPORT AND INVOICE FORMS SMART GROWTH INCENTIVE GRANT PROGRAM QUARTERLY PROGRESS REPORT Reporting Period Due Date .. _ _ Project Title: Project Manager Name: Agency: Address: Telephone: Contract #: Invoice Date: Invoice #: Invoice Period: (from) (to) Task 1 (Fill in each task from Scope of Work) 1. Work Accomplished this Invoice Period Add descripfion 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 Task Scheduled Start Date Scheduled Completion Date Completed This Invoice Period? (mark x) Start Next Invoice Period? (mark x) Complete Next Invoice Period? (mark x) Anticipated Completion Date (if not as scheduled)* Taski Task 2 ^. - - Tasks Action/s requested of SANDAG (check appropriate box/es): • No acfion requested • Amendment to*: • Scope of Work Describe: Justificafion: • Project Budget Describe: Justificafion: • Project Schedule Describe: Justificafion: * 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 for the delays and why they were unavoidable, and • demonstrate how the project will meet the proposed revised deadlines if 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 grant agreement tenvs and conditions. Amendment requests are subject to SANDAG approval *Note that any changes from scheduled start and complefion 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 acfions required for schedule adjustments. 26 Invoice Part 1 of 2 Smart Growth incerttive Program Invoice Templatt Heather Cooper SANDAG 401 B Street, Suite 800 San Diego, CA 92101-4231 From: Project Name: Contract Number: Grant Invoice Number: Billing Period: Invoice Date: # FROM OATE Grant Award: Balance Remaining $0.00 Previous Balance Currant MMn>DnnrYY to MM/DD/YYYY Total Expenses SANDAOITotal Mateh Spent Balance TASK Ralmbursod Mateh . ' Total Staff CosU consultant or Contractor CosU Olhsr Costs TMslnvttice ThislnV >iee Thisinvoies Remaining 1 nsert Task 1 Description $0,00 $0,00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 2 $0.00 $0.00 $0.00 $0,00 $0.00 $0,00 $0.00 $0.00 S $0,00 $0,00 $0.00 $0,00 $0.00 $0,00 $0.00 i $0.00 4 $0.00 $0.00 $0.00 $0,00 $0.00 $0,00 $0.00 $0.00 5 $0.00 $0.00 i $0.00 6 $0.00 $0.00 $0.00 7 $0.00 $0.00 $0.00 8 $0.00 $0.00 j $0.00 9 $0.00 $0.00 $0.00 10 $0.00 $0.00 $0.00 11 $0.00 $0,00 $0.00 12 $0.00 $0,00 $0.00 13 $0.00 $0.00 $0.00 14 $0.00 $0.00 $0.00 15 $0.00 $0.00 $0.00 16 $0.00 $0.00 i $0.00 17 $0.00 $0.00 1 $0.00 18 $0.00 $0.00 i $0.00 19 $0.00 $0.00 \ $0.00 20 $0.00 $0.00 \ $0.00 21 $0.00 $0.00 ^ $0.00 22 $0.00 $0.00 $0.00 23 $0.00 $0,00 $0.00 24 $0.00 $0.00 $0.00 25 $0.00 $0.00 : $o.oc Tota $o.oc $0.0C $0.00 $0.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $o.oc Total Current Expenditures: $0.00 Total Amount Due this Invoice: $0.00 i Less 10% Retention: $0.00 Match % Met to Date: 0% Invoice Part 1 of 2 Other Costs (Column G) Describe Expenses: Project Budget SANDAG Mateh Total Taski Project Budget Grant Task 2 Taski $0.00 $0.00 $0.00 Tasks Task 2 $0.00 $0.00 $0.00 Task 4 Task 3 $0.00 $0.00 $0.00 Task 4 $0.00 $0,00 $0.00 Tasks $0.00 $0.00 $0.00 Task 6 $0.00 $0,00 $0.00 $0.00 $0,00 $0.00 $0.Q0 $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 $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 $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 TOTAL $0.00 $0.00 $0.00 Required Match % 0.00% CERTIFICATION OF GRANTEE I hereby certify that the above costs are eligible costs incurred in performance of the vrork required under the grant and are consistent with the amounts evidenced by the attached supporting documentation and expenditures. Signature Printed Name and Title Date Kira Linberg From: Sent: To: Subject: Attachments: darcy@bellaterrasandiego.com Monday, January 07, 2013 10:16 PM Council Internet Email Opposition to 'Smart Growth' Grant] Dimensions of Sustainability.pdf All Receive-Agenda Item #_ / ^ Por the Infonnation ofthe' CITY COUNCIL Dear Mayor Hall and Carlsbad City Council Members, I am strongly opposed to the City of Carlsbad applying for a 'Smart Growth' grant from SANDAG for the reasons stated below. In addition to these objections, this money is tied to federal dollars which ultimately means there will be strings attached which may not be in the best interests ofthe citizens of Carlsbad. Please also refer to the attached report on the Dimensions of Sustainability in considering your position on this matter. 1. Smart Growth INCREASES congestion. 2. Population growth projections do not support higher density development. 3. Businesses are leaving CA due to high taxes and a hostile business environment. Smart Growth communities will not bring businesses or jobs to Carisbad if they are leaving the state. 4. Smart Growth policies actually increase housing prices due to prescriptive planning strategies to control sprawl. 5. According to a 2011 survey by the National Association of Realtors, the majority of people prefer suburban neighborhoods. Only 5-8% prefer a mixed-use, high density development like is being proposed for the Barrio area of Carisbad. 80% ofthe respondents would choose to live in a single-family residence; 7-8% would prefer a high density town home or condo. 6. Providing "walkable/bikeable" communities does not guarantee that people will change their driving habits. Distance, lack of convenience and the prohibitive cost of providing public transportation have been the stumbling blocks for decades in implementing an economical network of public transportation choices. Ironically, transit funds (for walking/biking paths, rail, buses) are often derived from auto use/gasoline taxes. 7. Between 1990 & 2000, studies show a decline in use of walkable/bikable routes in communities that built them. 8. Construction costs of building walking/biking paths are around $26,000/mile plus $1600/year for maintenance. Meanwhile roads and streets that transport goods and getting people to work will need repairs. 9. Green House Gas (GHG) emissions INCREASE in high density, congested developments. They DO NOT decrease. As automobiles slow down their emissions increase. This translates to a cost of $19,700 which is 400 times the IPCC (Intergovernmental Panel on Climate Change) MAXIMUM expenditure of $50/GHG ton. 10. Smart Growth policies INCREASE the overall cost of housing. Californians already pay well above the national average for housing. Affordable housing associated with Smart Growth policies will significantly increase the costs of housing for people In Carlsbad. 11. Smart Growth policies, regulations and incentives (AB32 & SB37S) inrraaga fhff rnsts Q£ development. According to a survey by the National AssociatiM of Home Builders, "regulations imposed by government account for 25% of the family home." 12. The Carlsbad City Council needs to look at sustainability in t^^ Sustainability, Economic Sustainability, Political Sustainabilit Sustainability; not just "create great places, make Carlsbad sustainable in the future, or intensify and densify the Barrio' 21,090. DiSltflf-Sce of a new single -1 Ms 1^ or FT ental /i Deputy Clerk Book Bill Thank you for your consideration. Warm Regards, Darcy Brandon, RLA Landscape Architect CA 3570 Phone: 760-803-1920 DIMENSIONS OF SUSTAINABILITY: When Considering Srnart Growth Pianning Pohcies and Greenhouse Gas Reductions This report was prepared for elected officials and their staff by American Coalition for Sustainable Communities September 2012 This page was left blank intentionally. Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable TABLE OF CONTENTS Sources. About Us. Letter of Introduction ^ Population Growth Projections ^ Components of Population Growth 9 Components of Job Growth 10 Smart Growth Policies and Housing Affordability 11 Livability and Community Preferences 12 Transportation Choices and Population Density 14 Residential Green House Gas Emissions 15 Higher Densities, Congestion and GHG Emissions 17 Complete Streets and Automobile GHG Emissions 18 Housing Costs Associated with Smart Growth Policies 19 State and Federal Regulations Affecting Communities 20 22 25 Din^ensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable This page was left blank intentionally. Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable LETTER OF INTRODUCTION September 2012 American Coalition for Sustainable Communities has compiled this report, in order to support cities in their efforts to comply with state mandated AB32-The Global Warming Solutions Act and SB375- The Sustainable Communities Strategies Act. California cities are required to update their general plans to comply with new planning paradigms that~inc4ude growth management, integratedJandaise andJxansporlat^^ (C02) (GHG) reductions, climate mitigation plans, and the provision of housing that will meet different income levels. When considering growth management and its outcomes, elected officials and their staffs' focus has been dominated by one dimension of sustainability; how growth and greenhouse gas (C02) will impact the environment. However, successful environmental sustainability depends upon positive effects of all the dimensions mentioned within this report; specifically financial, economic, and political sustainability. "Strategies must be cost-effective and must not materially impede economic growth or unreasonably intrude on people's lifestyle choices, or they could be rejected by the public."^ ~ Wendell Cox This report looks at the State's prescribed Sustainable Communities Strategies through the lens of all the dimensions of sustainability. DIMENSIONS OF SUSTAINABILITY 1. Financial sustainability concerns affordable GHG CCO2) reductions. 2. Economic sustainability assumes that GHG (CO2) reduction strategies will not impair economic growth, job creation or poverty reduction. 3. Political sustainability requires that GHG (CO2] reduction strategies will be acceptable to the public. 4. Environmental sustainability pertains to growth strategies that would have reasonable impacts on the environment. City officials, staff and planners are seeking expertise to help them devise a comprehensive general plan that will meet all of these new requirements. These experts include, but are not limited to, a mix of state and federal agencies like CARB, Department of Finance, Caltrans, and the EPA, DOT and HUD as well as non-governmental organizations (NGOs) like the American Planning Association, Smart Growth Network, ICLEl, and the Urban Land Institute. These agencies and NGOs provide abundant resources, tools, analysis, and statistics that support the cities' diligent efforts to incorporate transit oriented development and smart growth/compact development into their general plans for the purposes of GHG [CO2) reduction targets. Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable Our research focuses specifically on claims made by smart growth experts about the anticipated benefits and outcomes these strategies would have upon sustainable growth management, and how they would affect housing affordability, transportation, and GHG (C02) emissions. While analyzing these claims through a wider lens of dimensions of sustainabihty, we often found the data to be contradictory and raised concerns that these prescribed growth management strategies would neither meet anticipated outcomes nor be financially, economically, politically and environmentally conducive for cities' long-term health. The intent of thisTeporHs^toi3rtefly^^^ghiigh^ 1. the CLAIMS put forth by state and federal agencies and/or NGOs on a particular topic, 2. present documented objective FACTS from credible sources that contradict the claims, and 3. SUMMARIZE the data. Finally, we are asking that elected officials, staff and planners 1. regard all dimensions of sustainability when considering the implementation of smart growth planning policies and GHG (C02) reductions and 2. use the updated facts in this report to assess or reassess the merits of growth management plans, proposals and grants. Thank you, American Coalition for Sustainable Communities Although many valuable resources were used to create this report, the primary resource is Reducing Greenhouse Gases from Personal Mobility: Opportunities and Possibilities^; a policy report published by the Reason Foundation in 2011 and authored by Wendell Cox. Wendell Cox is principal of Wendell Cox Consultancy (Demographia), an international public policy firm and specializes In urban policy, transport and demographics. He has provided consulting assistance to the United States Department of Transportation and was certified by the Urban Mass Transportation Administration as an "expert" for the duration of its Public-Private Transportation Network program [1986-1993). He has consulted for public authorities in tiie United States, Canada, Australia and New Zealand and for public policy organizations and lectured widely. He serves as visiting professor at the Conservatoire National des Arts et Metiers (a national university) in Paris, where he lectures on transport and demographics. Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable POPULATION GROWTH PROJECTIONS CLAIM: California State population will grow from 36.5 million in 2006 to 60 million in 2050. ^ California Department of Finance. 2007 FACTS: Population grov\^h is foreseen as much slower in these projections than was indicated by the official state population projections issued in 2007 by the state Department of Finance (DOF). CA Population Growth Actual vs. Projections by Department of Finance (2007) & USC (2012) 70 60 SO + 2 40 C c .2 a 20 o 10 ft*** ••JL irw- •MHUS Census m •DOF-07 2010 2050 Source: CA Department of Finance 2007 and USC 2012 > The Department of Finance expects population to hit 44.1 milhon in 2020, the USC study estimates 44.1 million in 2028.^ > The Department of Finance expects population to hit 50 milhon in 2032, the USC study estimates 50 million in 2046 (14 years later).2 SUMMARY: As this chart shows, the US Census population growtii projection is less than anticipated by the CA Dept. of Finance. We need to examine the 'need' to implement substantial changes in urban, suburban and rural densities proposed in smart growth policies. Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable COMPONENTS OF POPULATION GROWTH CLAIM: Losses due to domestic migration were more ttian offset by gains from foreign immigration and natural increase (excess ofbirttis over deaths)... ~ Public Policv Institute of California FACTS: California: Components of Growtli Population 2000-2010 People are LEAVING California. Source: www.newgeography.com > "California's loss was greater than the population of its second largest municipality."^ > "More Californians moved away than lived in 12 states at the beginning ofthe decade."2 > "Among the net 6.3 million interstate domestic migrants in the nation, nearly one-quarter fled California for somewhere else."^ SUMMARY: "California is growing because there are more births than deaths and the state had a net large influx of international immigration over the past decade. At the same time, the state has been hemorrliaging residents."^ ~ Demographia and the Praxis Strategy Group Dimensionsof Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable COMPONENTS OF JOB GROWTH CLAIM: California leads tiie way witii job growtfi. ~ Silicon Vallev/San Jose Business Journal FACTS: > California is the most anti-business friendly state in the country due to high taxes, excessive regulations, forced unions and bloated public payrolls. California ranks 49^'! for "business tax climate" and 48* for "economic freedom."^ > The number of companies leaving California per week in 2009 was one; in 2010, 3.9 per week; and in 2011, 5.4 per week.2 > Unless California changes its business environment by reducing taxes and regulations on businesses, we will remain at the bottom of the state rankings.^ > California anticipates having an $8.4 billion shortfall for its FY2013 budget which includes a $3.4 billion gap carried forward from FY2012. "The Great Recession that started in 2007 caused the largest collapse in state revenues on record. State budgets continue to be a drag on the national economy...reducing the job creation that otherwise would be expected to occur. "'^ Growth in STEM Jobs: 2001-2011 SCIENCE, TECHNOLOGY, ENGINEERING & MATHEMATICS Source: www.newgeography.com SUMMARY: Lost JOBS = Lost REVENUES California needs jobs and must improve the environment for businesses in order to supply those jobs. STEM jobs that once boosted the State's economy are leaving because it is too cumbersome and expensive to do business in California. A business-friendly environment would bring employers back to the state, which would bring jobs and increase tax revenues. Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable SMART GROWTH POLICIES AND HOUSING AFFORDABILITY CLAIM: Smart growtii, tiirougii its regional approacii to development and its goal of increasing cfioices in housing and transportation, can improve the quality, distribution, and supply of affordable housing.'^ Smart Growth Network and U.S. EPA FACTS: > Prescriptive planning strategies are often recommended when tiying to control sprawl > The table below is from a report by Costs of Sprawl. The table indicates that 7 in 10 of the recommended land use tactics there is a potential for housing prices to rise. Prescriptive Pianning Policies & Housing Affordability Strategy Potential to Increase Housing Prices 1 Regional Urban Growth Boundaries YES 2 Local Urban Growth Boundaries YES 3 Regional Urban Service Districts YES 4 Local Urban Service Districts YES 5 Large Lot Zoning in Rural Areas YES 6 High Development Fees & Extractions YES 7 Restrictions on Physically Developable Land YES 8 state Aid Contingent on Local Growth Zones 9 Transferable Development Rights 10 Adequacy of Facilities Requirements > "The loss of housing affordability disproportionately disadvantages minority households, due to their generally lower incomes. California's Thomas Rivera Policy Institute, a Latino research organization, raised concerns about the impact of compact development on housing affordability:"! "Whether the Latino homeownership gap can be closed or projected demand for home-ownership in 2020 be met, will depend not only on the growth of incomes and availability of mortgage money, but also on how decisively California moves to dismantle regulatory barriers that hinder the production of affordable housing. Far from helping, they are making it particularly difficult for Latino and African American households to own a home."^ SUMMARY: "Compact development is associated with restrictions that lead to higher housing prices and a loss of housing affordability. Compact development policies prohibit development on large areas of otherwise buildable land by strategies such as urban growth boundaries, building moratoria and other growth controls." ~ Wendell Cox 10 Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable LIVABILITY AND COMMUNITY PREFERENCES CLAIM: "Smart Growth'' concepts include many amenities that future buyers are expressing preferences for." ~ Western Riverside Council of Governments fWRCOG) FACTS: 2011 Community Preferences Survey National Association of Realtors The data have been weighted by gender, age, race, region, metropolitan status^ and tnteritet access. 2,071 adults natlonalty-37% Democrat, 30% Independent, 27% Republican, 4% something else City downtown, with a mix of offices, apartments, and shops City more residential neighborhood Suburban Neighborhood with a mix of houses, shops, and businesses Suburban Neighborhood with houses only Small Town Rural Which of the following best describes the place where you live? 5% 19% 26% 19% 14% 16% If you could choose where to live, in which type of the following locations would you most like to live? 8% 11% 28% 12% 18% 22% Single Family Detached House Single Family Attached House or Town House Apartment or Condo Mobile Home Right now, if you could choose, which ofthe following would you prefer to live in? 80% 7% 8% 2% Lot Size Commute to Job Privacy Schools Top Priorities in deciding where to live.* 61% prefer larger lots 59% would opt for a longer commute to live in a single family home 87% feel privacy is a top priority 75% put schools as a top priority Source: The 2011 Community Preferences Survey, www.brspoll.com > *"While walkability is seen as a desirable attribute by most, majorities of Americans are willing to live in communities where they have to drive most places if it means they would have larger lots with more distance from neighbors."^ ~ Community Preferences Survey > "Younger people who are immarried tend to prefer the convenience of smart growth, walkable communities. Subdivision-type communities appeal more to middle-aged, married couples."2 ~ Community Preferences Survey 11 Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable > "Those on both ends of the socio-economic scale tend to prefer smart growth communities while those in the middle are more drawn to sprawl-type communities."3 ~ Community Preferences Survey > "In general, adults' current housing situations reflect their preferences. Those who live in housing-only suburbs, small towns, and rural areas prefer more spread out, less walkable communities, whereas urban residents and those who live in suburbs with a mix of housing and businesses prefer more walkable, smart growth communities."* - Community Preferences Survey SUMMARY: People have different community preferences based on their stage in life. Young, single professionals have different lifestyle wants and needs than young families, empty-nesters, seniors or farmers and ranchers. Providing housing for these different lifestyles should be generated by free-will and market conditions. It should not be something that is mandated by govemment. "Self-selection is the tendency for people to choose residential locations that facilitate their preferred lifestyles, rather than changing their lifestyles based upon where they live."^- David Brownstone, UCIrvine 12 Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable ^j!: TRANSPORTATION CHOICES AND POPULATION DENSITY High Density and Car Usage CLAIM: Higher-density development is a /fey element to creating wallcable communities and providing more transportation options. ~ Smart Growth Networlc FACTS: "At 10 or more kilometers from the city center, the housing density of a neighborhood has no effect on the residents' use of cars."l ~ Statistics Canada Chort 2 At 10 Of more tcfiometres from tiie city centre, file housing density of a nelghbouriiood tios no effect on tii« residents' use of cars PntNdsdpKibayi^ U Hisli/medBm hotisng t^dt; @ Low iww'mg density LwstixmSkm 5re9ltn tetoMlun Diitwt* Irom tbi {Djr wntif 15 to !9 km 28 km or no ne ' StMisfit(i%%i'iam}dief>Mtir(niligli/medhtml)w Net*: A prt&ttd ]»dxii>i1it)r d 1.4 {«(ila8«s tto s ptcson Ind e }00% dunct olliavbis mtd a or to mdn oil their during iht rtfertncs iof . ava^S^^iiMkhiti^ia^tii^nfam irad mo (lionet. ]l» pmdlttedjmlflkilities ?»eesure tiie fflogtilltidi of liie osMiiiifM iwtvseii ^ al laskbfla mid ov ust, SoDFce: Stotntxt Cotuda^fieMrdSocial Survey, 2005. > "Above 10 kilometers from the city center, [...], the impact of neighborhood density on automobile use dwindles until it almost vanishes. Although the chart appears to show that neighborhoods with low density are different than those with medium/high density at more than 10 kilometers from the city core, this difference is not statistically significant."2 SUMMARY: "...beyond 10 kilometers from the city center, the fact that a neighborhood was mainly composed of single family or semi-detached houses rather than apartments was not correlated with gi^eater or less automobile use."^ Americans like driving their cars. People like the convenience and comfort of them and will always need personal transportation to get from point A to point B. Distance, lack of convenience, and the 13 Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable prohibitive cost of building public transportation have been the stumbling blocks for decades in implementing an economical network of public transportation choices. Ironically, transit funds are often derived from automobile use taxes. High Density and Bike Commute Usage CLAIM: Given that smart growth programs typically provide bike lanes, bike racks, sidewalks, and priced parking, they should increase the share of bike/walk commutes or at least retard Its decline. ~ Lincoln Land Institute FACTS: Tt»6 BIkt/'Waik Sliara Gericrafly Start«<i Hlghei matt %»mw M«*dtutr Der*f!> C&wtie-j Source: Lincoln Institute of Land Policy—Evaluating Smart Growth, a research project in late 2006 to evaluate the effectiveness of smart growth policies. The analysis focused on four states with well-established statewide smart growth programs (Florida, Maryland, New Jersey, and Oregon) and four states (Colorado, Indiana, Texas, and Virginia] that offered a range of other land management approaches 'P-21 > As this Figure indicates, "...while the bike/walk share was generally higher in the smart growth states, its share declined over time and was essentially unrelated to population density."* SUMMARY: "Overall biking/walking mode share is in decline, with 600 ofthe 692Jurisdictions experiencing percentage decreases in this mode of travel between 1990 and 2000..."^ Biking and walking paths/trails (though desired amenities} are still being proposed at a construction cost of around $26,000/mile plus $1600/year for maintenance. Meanwhile, roads used for shipping of goods and getting people to work will need repairs averaging "$78.9 Billion over the next 10 years."^ Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable 14 CLAIM: Residences in auto-oriented suburban areas produce greater GHG emissions than higher-density areas. ~ Driving and the Built Environment and Mov/nq Cooler FACTS: > "In perhaps the most comprehensive spatial research to date, xhe Australian Conservation Fo«ndat/W allocated virtually all ofthe nation's GHG emissions to households based upon their residential location. The surprising result was that, all things considered, GHG emissions per capita were higher in more compact areas than in suburban areas, where there is more driving and where there is more detached housing. GHG Emissions by Housing Type ANNUAL TONS PER CAPITA Hlgh-Rise Mid-Rise Low-Rise Town H ouse Detached > When determining energy costs, "the authoritative source, the te/dent^^^ Consumption Survey (RCES) includes only energy use reflected on residential utility bills, but excludes the common energy consumed in higher density housmg."3 SUMMARY: This Australia study found that when measuring GHG production per capita, lower density housing pmd" than higher density housing when common energy was included. Costs of common Tergy must be considered. "Common energy is used for elevators, air conditioning, heating, water heating, building lighting, and commonly provided heating, cooling and water heating. Dimensions of sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable 15 HIGHER DENSITIES, CONGESTION AND GHG EMISSIONS CLAIM: The higher densities ore intended to reduce the omount of driving, os meusured by vehicle miles of trove/ (VMT). GHG emissions ore generglly presumed to be reduced by a corresponding percentage. ~ Wendell Cox FACTS: > "Research indicates a substantially diminishing rate of GHG reduction as traffic congestion increases."! Comparison of a 30>minute Trip in Average a nd Congested Conditions Less Congested Conditions Congested Conditions Difference Trip Time Assumed (Minutes) 30.0 30.0 0.0% Average Speed (MPH) 41.9 15.8 -62.2% Distance Traveled (VMT) 21.0 7.9 -62.2% Fuel Consumed (Gallons) 0.56 0.49 -11.9% Miles per Gallon 37.3 16.0 -57.2% GHG Grams (Trip) 6,225 5,496 -11.7% consumption model to the NGSIM Trajectory Data, 2008. SUMMARY: A 30-minute trip in congested conditions was found to reduce distance travelled (VMTs) 62%, "due to slower speeds and more stop and start operation."2 This data also indicates that as traffic congestion increases, speeds decline and GHG reductions are far less. "The mobility research indicates that this additional travel time would retard economic growth. The slower travel times would raise costs for trucks, delivery vans and on-site services [such as plumbers)."^ ~ Wendell Cox 16 Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable COMPLETE STREETS AND AUTOMOBILE GHG EMISSIONS CLAIM: Complete streets are good for air quality. Poor air quality in our urban areas is linked to increases in asthma and other illnesses. ~ National Complete Streets Coalition FACTS: Effect of Speed on GHG Emissions DATA FROM CALIFORNIA AIR RESOURCES BOARD 1,CKK) m mn i 700 1 303 200 100 1 Opermim Only (Ex«aK}es Upsireaim Opermim Only (Ex«aK}es Upsireaim down. Gnus go Ur. 5 10 li 2ij 3 30 35 4-0 i Spee4 (Miles per Hour) Source; Califomia Air Resources Board > " as traffic congestion becomes more severe, local air pollution ["criteria" pollutants, such as carbon monoxide, volatile organic compounds and NOx) become more intense, which increases the health hazards that justified auto environmental standards in the first place. SUMMARY: > "As vehicle speeds decline, GHG emissions increase, regardless of the distance driven."^ ~ CA Air Resources Board 17 Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable HOUSING COSTS ASSOCIATED WITH SMART GROWTH POLICIES CLAIM: Many growth management policies improve the supply and location of affordable housing [...], thereby increasing the desirability ofthe community and thus the price of housing. ~ The Brookings Institution Center on Urbon gnd Metroooiiton Policv FACTS: ^ In a study by the Reason Foundation to determine what the housing costs associated with smart growth policies would be by 2050 it was "estimated that additional consumer expenditures for (smart growth) housing would exceed $1.5 triUion (2010$) annually..." ^ Using the GHG emission reductions from leaving Cooler which would be approximately 78,000,000 tons, rendered expenditure per ton of GHG emissions at $19,700. This is nearly 400 times the IPCC maximum expenditure of $50/GHG ton. U.S. Housing Penalty Associated with Compact Development Policies: 2050 Annual 2050 Higher House Prices & Mortgage Payments $1,450,000,000,000 Higher Rent Payments $90,000,000,000 Total Additional Expenditures $1,540,000,000,000 Annual GHG Tons Removed 78,000,000 Additional Consumer Expenditures per GHG Ton Removed $19,700 IPCC Maximum Expenditure per GHG Ton Removed $50 Times IPCC Maximum Expenditure f$50/GHG Ton] 394 Projected Gross Domestic Product 2050 $41,260,000,000,000 Additional Expenditures as a Share of GDP 3.7% For l^ethodology see Reason Foundation Policy Study 388 by Wendell Cox, November 2011. Sources include US Census, American Community Survey, IPCC, Moving Cooler, Goldman Sachs, and National Association of Realtors > "The California experience was used for this study and is appropriate as a base for projection for two reasons: 1. California housing prices are well above the national average. However, this differential has developed since 1970. As late as 1971, California housing prices were similar to the national average. 2. William Fischel has associated the increase in Cahfornia housing prices relative to the nation with its stronger land use regulation. Fischel found that the rise in California housing prices from 1970 relative to the nation could not be explained by factors such as higher construction cost increase, population growth, quality of life, amenities, the state's property tax reform initiative (Proposition 13), land supply or water issues."^ SUMMARY: "Compact development policies would result in a massive rearrangement ofthe economy and composition ofthe GDP and possible economic disruption. The potential for housing market distortions to produce economic distress is illustrated by the recent experience ofthe Great Recession, which was closely related to unprecedented house price inflation and deflation, much of it in California."^ ~ Wendell Cox 18 Dimensions of Sustainability was compiledby Mary Baker and Darcy Brandon of American Coalition foi'Sustainable STATE AND FEDERAL REGULATIONS AFFECTING COMMUNITIES CLAIM: Smgrt growth progroms, reguiotions ond incentives will lead to lower development costs and housing prices. ~ Urban Land Institute FACTS: Many policies of smart growth/compact development can only be achieved through incentives, waivers, government mandates, regulations or fees (taxes). Regulations impact the cost of development in California both in time and money which is ultimately passed on to the consumer. According to a survey conducted by the National Association of Home Builders, "...on average, regulations imposed by government at all levels account for 25.0 percent of the final price of a new single-family home built for sale."i Tatrfgl. Categories of Reguiatory Cost$ Captured In th© Survey ~ Normal add-04is {six^h as carrymg costs ^^'^^ <x>st8|ife positive A- During Development Cosi ol applying for zoning / suixJwsion ^^"^^ Bmmm toan * *iteresl rrom 10% 90% apf^fcatkHi to twrse tot fs sold lo iHJfldef + de^^lDper profit approval Coals Incurred after approval .1 oefora points on dewelopmeni loan + iiiterest obstruction (Impaci fees, e^wronmcnijtf 5% 95% from i/2 Mme Oelw^en approval and t«ne mliQBtion m) lot rs soW to bu^et * pfOfii Vato oHsiKl ctedfcatj&d / yriburti 19% 81% ^am^ssabow Cosls 0^ camplyir^ wlh tihanges »n developm«nl U^n6m45 (setbacks, road 13%. 87% same as above wirt|ti.?i t^e.) B. Durin<0 Construction Added cosi dye to char>g€s tn conslrudtion fcommcbm loan * imore^t 6% from 1/2 ume be*gve8o siart and sain •»• mJes / sianaartfs over the pmi 10 years Perrrwl, lioo*i-up, irripad ut otltifsf fees paid by builoer t>imcts fees • bvilder profit 6% S2% same as above Following are a few examples of California regulations that affect the economic, environmental and social justice parameters of community development: ECONOMIC > AB 32, California Global Warming Solutions Act— When California's Cap & Trade market begins, it will have devastating economic consequences for all of California businesses including potential loss of output, and jobs. Indirect business taxes and labor income is substantial and significant to the tune of billions of dollars, while California will only collect around $lbillion in carbon offsets. 19 Dimensions of Sustainability was compiledby Mary Baker and Darcy Brandon of American Coalition for Sustainable > Development Fees—are fees that are imposed at the local level on developers and then passed on to the consumer of the homes or businesses.: > Community Facilities Districts or Community Development Districts (Mello Roos Taxes)— These disti'icts impose additional tax burdens on property owners for various bond funding of streets, water, sewage and drainage, electricity, infrastructure, schools, parks, and pohce protection. ENVIRONMENTAL Open Space Preservation—Every county and city is mandated by the state to adopt an open space element into its general plan. These plans place regulatory hmits on the types of uses which may be pursued in agricultural areas in order to prevent the conversion of agricultural lands to non-compatible uses. (Government Code section 65910) EQUITY (SOCIAL JUSTICE) SB375, Sustainable Communities Strategy—Regional Transportation Plans (RTP) must consider transportation, housing and GHG emissions in planning a region's growth. It claims it will reduce air pollution, improve public health and shorten commutes. Many of these assumptions are addressed in this report. SUMMARY: Excess regulation and government interference on federal, state, and regional levels, lead to increased costs to citizens and reduces local control for strong cities. The 'three pillars' model of sustainable development (economic, environmental, and social equity) put forth by the American Planning Association and other proponents of smart growth is flawed and will not lead to cities' long-term health and prosperity. Instead, elected officials, staff and planners must adopt the four dimensions of sustainability (financial, economic, political, and environmental) to capture long-term opportunity, growth, and stability. 20 Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable SOURCES LETTER OF INTRODUCTION ^ Cox, W., Reason Foundation Policy Study 388, Reducing Greenhouse Gases from Personal Mobility: Opportunities and Possibilities. November 2001, In the Reason Foundation Policy Report, Mr. Cox seeks to "assess the relative merits of specific policies intended to reduce GHGs from automobiles". i_ _ The Reason Foundation Report also states, > "The two most prominent reports on this approach [Driving and the Built Environment and Moving Cooler*) predict that compact development could reduce GHGs from autos by between 1% and 9% between 2005 and 2050. Though Driving and the Built Environment acknowledges that there will still be significant increase in overall driving (VMT)."** > "Advocates of compact development believe that people must materially change their behaviors and living conditions to reduce GHG: automobile use must be reduced and urban densities must be increased." •Note on Moving Cooler—U.S. EPA uses the results from this study when making statements about Climate Change mitigation and adaptation. _ _' _ "The intent ofthe Moving Cooler study is to assess the potential effectiveness of a broad variety of transportation strategies—under a wide variety of different assumptions—to reduce greenhouse gas emissions. This study was not intended to result in any speciflc recommendations about the direction of transportation ond climate change policies." Urban Land Institute **Note on Moving Cooler's GHG impact scenarios—The GHG emission reductions from Moving Cooler's compact development scenarios were similar to those of Driving and the Built Environment from 1% in the 43% densification scenario, 3% in the 64% densification scenario and 5% in the 90% densification scenario in 2030. In 2050, the GHG emissions would be 2% in the 43% densification scenario, 5% in the 64% densification scenario and 9% in the 90% densification scenario. POPULATION GROWTH PROJECTIONS ^ Population Dynamics Research Group in the Sol Price School of Public Policy at the University of Southern California ' Ibid. COMPONENTS OF POPULATION GROWTH ^- Cox, W., The Export Business in California (people and jobs), 2012, Ibid. ^- Ibid, 'ibid. COMPONENTS OF JOB GROWTH 'ibid 3 Ibid. McNichol, E., Oliff, P., and Johnson, N., States Continue to Feet Recession's Impact, Center on Budget and Policy Priorities, March 21, 2012. 21 Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon'of American Coalition for Sustainable SMART GROWTH POLICIES AND HOUSING AFFORDABILITY ^" Cox, W., Reason Foundation Policy Study 388, Reducing Greenhouse Gases from Personal Mobility: Opportunities and Possibilities. November 2001, ' Lopez-Aqueres, W., Skaga, J., and Kugler, T, Housing California's Latino Population in the 21st Century: The challenge ahead. LIVABILITY AND COMMUNITY PREFERENCES ^' The 2011 National Association of Realtors Community Preferences Sun/ey, www.brspQji.corn 'ibid. ^- Ibid. 'ibid. ^ http://onlinepubs.trb.org/onlinepubs/sr/sr298brownstone.pdf, p.2 Households choose their residential (and v^ork) locations based, among other things, on their preferences for different types and durations of travel. The observed correlations between higher density and lower VMT may just be due to the fact that people who choose to live in higher density neighborhoods are also those that prefer lower VMT and more transit or non- motorized travel. If this is the case, then forcing higher densities may not lead to anywhere near the reduction in VMT 'predicted' by observed correlations. ~ David Brownstone, UC Irvine TRANSPORTATION CHOICES AND POPULATION DENSITY 1. . , , ' , , ,• < „,s,-, / ,• . , , / ,, j_ __C ^ J ' ) ! ^ *" '' 2, "~ ^— ^- Ibid. 4. 5. 6. Ibid. Ibid. Ibid. iWd. " RESIDENTIAL GREEN HOUSE GAS EMISSIONS ^ Australian Conservation Foundation, _ ' Cox, W., Reason Foundation Policy Study 388, Reducing Greenhouse Gases from Personal Mobility: Opportunities and Possibilities. November 2001, ^ Residential Energy Consumption Survey, http.7/www.eia.doe.gov/emeu/recs/ '• Myors. P., O'Leary, R., and Helstroom, R., Energy Australia. & O'Leary, R., and Helstroom, R., Multi Unit Residential Buildings Energy and Peak Demand Study, HIGHER DENSITIES, CONGESTION AND GHG EMISSIONS ^' Cox, W., Reason Foundation Policy Study 388, Reducing Greenhouse Gases from Personal Mobility: Opportunities and Possibilities. November 2001, 22 Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable COMPLETE STREETS AND AUTOMOBILE GHG EMISSIONS Cox, W., Reason Foundation Policy Study 388, Reducing Greenhouse Gases from Personal Mobility: Opportunities and Possibilities. November 2001, '• CA Air Resources Board, http://www.arb.ca.gov/msei/onroooad/downloads/pubs/co2fmai.pdf HOUSING COSTS ASSOCIATED WITH SMART GROWTH POLICIES ^ Cox, W., Reason Foundation Policy Study 388, Reducing Greenhouse Gases from Personal Mobility: Opportunities and Possibilities, November 2001, http://reason.org/files/reducing_greenhouse_gases_mobility_development.pdf '• Ibid. STATE AND FEDERAL REGULATIONS AFFECTING COMMUNITIES 23 Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable ABOUT US American Coalition for Sustainable Communities is an organization comprised of members who live in the Southem Califomia Region. Our coalition is sincerely committed to educating Califomia elected officials and their staff and planners about the unanticipated consequences of smart growth. Email: americancoalition4sc@gmail.com Our coalition is affiliated with Amencans Protecting Property Rights. Americans Protecting Property Rights (APPR) is a non-partisan volunteer group organized to expose the comprehensive plan to gradually erode our rights to private property through excessive environmental, economic, and social justice regulations. For elected officials who are seeking to address environmental, economic, and social challenges, APPR advocates for common sense approaches that protect rights to property, assuring prosperity and preventing costly outcomes. Unlike stakeholders with questionable interests, APPR promotes individual rights to property that add value to the local community ensuring a strong foundation for long-term opportunity, growth, and stability. Co-Founders: Darcy Brandon Barbara Decker Mary Baker Mary Baker writes articles for her blog, Exurbia Chronicles. Her topics include sustainable development, smart growth, land use, environmentalism, property rights, and life in exurbia. Darcy Brandon is a landscape architect in Southern Cahfornia. She has 25 years of experience in the trade and during that time has seen an increasing number of regulations that are affecting the building industry. 24 Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable 25 Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable 26 Dimensions of Sustainability was compiled by Mary Baker and Darcy Brandon of American Coalition for Sustainable Kira Linberg From: Sent: To: Subject: andrea ryon <aryon58@gmail.com> Tuesday, January 08, 2013 10:50 AM Council Internet Email Smart Growth Grant Dear City Council Members: My hirsbantinmtiTarerstrong^ Grant at tonight's City Council meeting! Thank you. Roger and Andrea Ryon 3502 Donna Drive Carlsbad CA 92008 John Coates Subject: FW: URGENT! Carlsbad voting on 'Smart Growth' Grant tonight Attachments: _Certification_.htm; projectid_264_4156_Smart Growth Incentive.pdf Agenda Itom #JX.. For ihe memben ofthe: Forwarded message CITY COUNCIL From: Maureen Guffanti <maureengiiffanti@cox.net> ACM IXM V/CA ^CC}-^ Date: Tue, Jan 8,2013 at 10:33 AM Date ChvManagerJ^ Subject: URGENT! Carlsbad voting on 'Smart Growth' Grant tonight To: maureenguffanti@cox.net . ate: To Carlsbad Residents ONLY— ^Striblllion Dear Patriot, C\mk Short notice, I know, and I apologize. sst. city Cle'-k eputy CItrk -.ok But thank you to Darcy Brandon for alerting us to this vote tonight for Carlsbad. Please read Darcy's email, below, and 1. either email them today OR 2. go to the council meeting and speak on this —Original Message— From: darcv@bellaterrasandiego.com fmailto:darcv@bellaterrasandieao.com] Sent: Monday, January 07, 2013 8:23 PM To: Maureen Guffanti Subject: URGENT! Carlsbad voting for 'Smart Growth' Grant Below are talking points for Carlsbad residents who can speak out against the council's application to SANDAG for a Smart Growth Grant. These funds are tied to federal dollars...which means there are strings attached. I've also attached a report that Mary Baker & I researched for your reference. Please feel free to share this with the council members when you email or speak at the council meeting. 1. Smart Growth INCREASES congestion 2. Population growth projections will not support higher density development 3. Businesses are leaving CA due to high taxes and a hostile business environment. Smart Growth communities will not bring businesses or jobs to Carlsbad if they are leaving the state. 4. Smart Growth policies actually increase housing prices due to prescriptive planning strategies to control sprawl. 5. According to a 2011 survey by the National Association of Realtors, the majority of people prefer suburban neighborhoods. Only 5-8% prefer a mixed-use, high-density development like is being proposed forthe Barrio area of Carlsbad. 80% ofthe respondents would choose to live in a single-family residence; 7-8% would prefer a high-density town home or condo. 6. Providing "walkable / bikeable" communities does not guarantee that people will change their ^ . .driving habits. Distance; lack of convenience and the prohibitive cost of providing public j transportation have been the stumbling blocks for decades in implementing an economical j . network of public transportation choices. Ironically, transit funds are often derived from auto j use/gasoline taxes. ^1^^^ 11. Between 1990 & 20C)&f Studies show a decline in use of walkable / bikeable routes in *j communities thai; tjuiltfthem. ,8. Construction cost^^building walking/biking paths are around $26,000/mile plus $1600/year ; for maintenance. Meanwhile roads and streets that transport goods and getting people to work \ will need repairs. 9. Green House Gas (GHG) emissions INCREASE in high-density, congested developments. They DO NOT decrease. As automobiles slow down their emissions increase. This translates to a cost of $19,700 which is 400 times the IPCC (Intergovernmental Panel on Climate Change) MAXIMUM expenditure of $50/GHG ton. 10. Smart Growth policies INCREASE the overall cost of housing. Californians already pay well above the national average for housing. Affordable housing associated with Smart Growth policies will significantly increase the costs of housing for people in Carlsbad. 11. Smart Growth policies, regulations and incentives (AB32 & SB375) increase the costs of development. According to a survey by the National Association of Home Builders, "regulations imposed by government account for 25% of the final price of a new single-family home." 12. The Carlsbad City Council needs to look at sustainability in terms of Financial Sustainability, Economic Sustainability, Political Sustainability and Environmental Sustainability, not just "create great places, make Carlsbad Village competitive and sustainable in the future, or intensify and densify the Barrio" as is stated in the Agenda Bill 21,090. Carlsbad City Council meeting; January 8th, 6:00pm at 1200 Carlsbad Village Drive (one block east of the 5 freeway on Carlsbad Village Drive) Council Members email (general email): Mayor Matt Hall council@carlsbadca.gov 760-434-2830 Council Member Mark Packard Council Member Keith Blackburn Council Member Farrah Golshan Douglas Council Member Lorraine Wood Warm Regards, Darcy Brandon, RLA Landscape Architect CA 3570 Phone: 760-803-1920 -—Original Message— f^**®"^'- darcv(S),bellaterrasandieao.cQm fmailto:darcv@bellaterrasandieao com! Sent: Monday, January 07, 2013 5:48 PM To: Maureen Guffanti Subject: URGENT! Carlsbad voting for 'Smart Growth' Grant Maureen, According to Carlsbad's website, the city council will be voting (Jan 8, Tuesday) on applying for grants from SANDAG for their Smart Growth Incentive Capital and Planning Grant Program See the link below for the agenda item and the link for SANDAG's program guidelines. This is money tied to federal funds and Smart Growth = Sustainable Development = Agenda 21. I can put some talking points together if you would send an email out to the TCTP members who live in Carlsbad asking them to either attend this meeting tomorrow night or send an email to the council members stating their opposition to this. htip://carlsbad.granicus.com/MetaViewer.php?view id=6&event id=26&meta id=74032 Thank you! And Happy New Year! Kira Linberg From: Sent: To: Subject: Dan.B <dan.bitner@roadrunner.com> Tuesday, January 08, 2013 11:19 AM Council Internet Email ^ I^L^ Smart Growth Incentive Capital and Planning Grant Pi^|mm-^ For the Information ofthe* CITY COUNCIL I am writing to voice my opposition to the city applying for a federal grant that will come with federal 'strings'. I have read things that bring into question tiie science used to support the 'sustainability' theme. Also, with all that has been going wrong in Washington, it is not the right time to encumber the city with new Federal rules / regulations that would surely be part of the package. I did not move to here because I wanted to live in a high density environment, please don't try and take Carlsbad down that path. Dan Bitner Resident since 1985 i Distribution: City Clerk Asst. CityClertc Deputy Clerk Book Kira Linberg From: Joan Warner <alohajkw@att.net> Sent: Tuesday, January 08, 2013 11:24 AM To: Council Internet Email Subject: Smart Growth Grant Dear Carlsbad Council Members, Please accept this as a "NO" vote from me for the proposed Smart Growth Grant. I am a long time resident of Carlsbad - twenty nine years - and I would hate to see our city become overly populated with high rises mixed in with single family homes. This would spoil the over all ambience of our wonderful city - let's keep things the way they are! Thank You, Joanie Warner Kira Linberg '^'"om: Andrea Pfahler <andreapfahler@yahoo.com: Tuesday, January 08, 2013 12:28 PM "To: Council Internet Email Subject: Smart Growth Grant Our family (4 voters) are strongly against this!!! Thank you, Andrea Pfahler Kira Linberg From: Laura Palamar <LPalamar(a)3c.org> Sent: Tuesday January 08, 2013 12:38 PM To: Council Internet Email Subject: Smart Growth The Smart Growth Plan is not good for Carlsbad. Please do not accept this plan. Kira Linberg From: PAULA NISWANDER <paulaniswander@gmail.com> Sent: Tuesday, January 08, 2013 12:59 PM To: Council Internet Email Subject: Against Smart Growth Why not build a normal neighborhood in the Bamo with new, smaller single family homes? Sounds like that would have more success and attract more desirable residents. No one wants to buy in a high density area and Carlsbad has enough subsidized housing. Carlsbad is a village not a major metropoHs. Let's make the downtown attractive to residents and businesses and keep the small town atmosphere! Paula Niswander 760-815-6141 paulaniswander@gmail.com Kira Linberg From: Linda Buckner <lbll@nwlink.com> Sent: Tuesday, January 08, 2013 2:50 PM To: Council Internet Email Subject: Smart Growth vote 1 strongly urge all Council members to vote NO on applying for Smart Growth grant! Thank you, Linda Buckner Carlsbad