Loading...
HomeMy WebLinkAboutSan Bernardino County Transportation Authority-2010-13 (TTC I_!;l0—I2 JURISDICTION MASTER AGREEMENT NO., C10246 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF GRAND TERRACE THIS AGREEMENT is made and entered into this day of by and between the San Bernardino County Transportation Authority (hereinafter referred to as"SANBAG")and the City of Grand Terrace(hereinafter referred to as"CITY"). WITNESSETH WHEREAS, the Measure 12010-2040 Strategic Plan identified Valley Major Street Program- Arterial Sub-program projects eligible for partial funding from Measure 12010- 2040 revenues; and WHEREAS, this Jurisdiction Master Agreement is to be carried out in accordance with the policies in the Measure 1 2010-2040 Strategic Plan; and WHEREAS, SANBAG has determined that these PROJECTS (Attachment A) are included in the SANBAG Development Mitigation Nexus Study Capital Project Needs Analysis; and WHEREAS, SANBAG will reimburse CITY for the public share of eligible PROJECT expenditures with Measure I 2010-2040 Major Street Program- Arterial Sub-program funds up to the annual fund allocation amount(Attachment B); NOW,THEREFORE, SANBAG and CITY apt;to the following: SECTION I SANBAG AGREES: 1. To reimburse CITY, as provided in Section III, within 30 days after CITY submits to SANBAG an original and two copies of the signed invoices in the proper form covering those actual allowable PROJECT expenditures that were incurred by CITY, consistent with the invoicing requirements of the Measure I 2010-2040 Strategic Plan, including backup information. Invoices may be submitted to SANBAG as frequently as monthly. 2. When conducting an audit of the costs claimed under the provisions of this Agreement, to rely to the maximum extent possible on any prior audit of CITY performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to SANBAG when planning and conducting additional audits. 3. SANBAG shall assign a project liaison for purposes of coordinating project activities and invoice review. SECTION II CITY AGREES: 1. Only eligible PROJECT-specific work activities, as set forth in Attachment A to this Agreement, that conform to the SANBAG Nexus Study and are included in first two years of the current Capital Project Needs Analysis (CPNA) will be eligible for reimbursement with Measure I Major Street Program- Arterial Sub-program funds. 2. To prepare and submit to SANBAG an original and two copies of signed invoices for reimbursement of those eligible PROJECT expenses according to Attachment A. Invoices may be submitted to SANBAG as frequently as monthly,up to the allocation limit specified in Attachment B. 3. To repay to SANBAG any reimbursement for Measure I costs that are determined by subsequent audit to be unallowable within ninety (90) days of CITY receiving notice of audit findings, which time shall include an opportunity for CITY to respond to and/or resolve the finding. Should the finding not be otherwise resolved and CITY fail to reimburse moneys due SANBAG within ninety (90) days of audit fording, or within such other period as may be agreed between both parties hereto, the SANBAG Board reserves the right to withhold future payments due CITY from any source under SANBAG's control. 4. To provide 39.9% share of total eligible PROJECT expenses, which represents the development share as documented in Attachment A. 5. To maintain all source documents, books and records connected with its performance under this Agreement for a minimum of five (5) years from the date of the Final Report of Expenditures submittal to SANBAG or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of SANBAG. Copies will be made and furnished by CITY upon request, 6. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support CITY request for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation,and other allowable expenditures by CITY. 7. To prepare a Final Report of Expenditures, including a final invoice reporting the actual eligible PROJECT costs expended for those activities described in the work activities, and to submit that Report and invoice no later than 120 days following the completion of those expenditures. The Final Report of Expenditures, an original and two copies of which report shall be submitted to SANBAG, must state that these PROJECT funds were used in conformance with this Agreement and for those PROJECT-specific work activities described. 8. To have a PROJECT-specific audit completed by SANBAG, at SANBAG's option, upon completion of the PROJECT. The audit must state that all funds expended on the PROJECT were used in conformance with this Agreement. 9. To include SANBAG in Project Development Team (PDT) meetings, if and when such meetings are held and related communications on project progress and to provide at least quarterly schedule updates to SANBAG. SANBAG shall assign a project liaison for the purpose of attending PDT meetings. 10. As an eligible PROJECT expense, to post signs when PROJECT begins at the boundaries of the PROJECT noting that PROJECT is funded with Measure I funds. Signs shall bear the logos of San Bernardino Associated Governments and City of Grand Terrace. SECTION III IT IS MUTUALLY AGREED: 1. To abide by all applicable federal, state and local laws and regulations pertaining to the PROJECT, including policies in the applicable program in the Measure I 2010-2040 Strategic Plan, as amended, as of the date of execution of this agreement. 2. SANBAG's financial responsibility shall be 60.1% of actual cost for eligible PROJECT expenditures,up to the allocation limit specified in Attachment B. 3. CITY may be reimbursed in a subsequent fiscal year for expenditures in excess of the allocation limit for the current fiscal year, based on invoices for eligible PROJECT expenditures. SANBAG retains the option to reimburse CITY no more than 50% of the public share of excess expenditures for the current fiscal year within the first six months of the subsequent fiscal year, with the remaining 50% to be reimbursed in the second six months of the fiscal year. SANBAG shall inform the jurisdiction within 30 days of receipt of an invoice for the excess expenditures,if it chooses to exercise that option. 4. If CITY does not expend funds up to the allocation limit in Attachment B within the current fiscal year, the unused portion may be applied to eligible PROJECT expenditures in the subsequent fiscal year, in addition to the allocation limit for the subsequent year. A cumulative allocation limit will be maintained in Attachment B. The cumulative allocation limit will be reconciled against the CPNA submittals beginning with the submittals for Fiscal Year 2012/2013 and adjusted, as appropriate, in the apportionment and allocation process beginning that fiscal year. 5. Eligible PROJECT reimbursements shall include only those costs incurred by CITY for PROJECT-specific work activities. 6. Neither SANBAG nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SANBAG, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. CITY's indemnification obligation applies to SANBAG's "passive" negligence but does not apply to SANBAG's "sole negligence"or"willful misconduct"within the meaning of Civil Code Section 2782. CITY and SANBAG are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrant that through their respective programs of self insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement. 7. This Agreement is expressly subordinated to any bonds, notes, certificates or other evidences of indebtedness involved in bond financings as are now outstanding or as may hereafter be issued by SANBAG. 8. The terms of this Agreement represent the consent of the CITY to provide the full development share for the PROJECT required by the SANBAG Nexus Study and that failure to contribute the development share according to the terms of this agreement does not obligate SANBAG to provide supplemental funds or otherwise remedy that failure. SANBAG may terminate this agreement if the CITY fails to perform according to the terms of this Agreement and if this failure jeopardizes the delivery of the PROJECT according to the terms herein. 9. SANBAG shall track the CITY equitable share of the Valley Arterial Sub- program, including adjustments for the time-value of money based on time of apportionment of Measure I funds,per Strategic Plan Policy 40001NS-1. San Bernardino County CITY of Grand Terrace Transportation Authority B ,,//��1Qk(%J/S,tL"m / B y: ' OB y; Brad Mitzelfelt President, SANBAG Board of May Directors Date: .0 Date: /0 'g--lD APPROVED AS TO FORM AND APPROVED AS TO FORM AND PROCEDURE: PROCEDURE: By: ,A By: _Jean-'• Basle SANB , I County Counsel CITY Attorne Date: 07121 I I J Date: b hJ/O Attachment A Project(s) Eligible for Expenditure/Reimbursement of MI Valley Arterial Funds for the City of Grand Terrace($1,000s) Michigan Ave Widen Michigan Street from Commerce Way to Van Buren St from 2 to 4 lanes Project Cost$975,000 Maximum Public Share: $585,980 Nexus Study Fair Share: 39.9% Phase Prior FY10/11 FY11/12 Total Plans, Specifications and Estimates(PS&E) Development Fees $ - $ 35.91 $ - $ 35.91 MI Valley Arterial Funds $ - $ 54.09 $ - $ 54.09 Right of Way Acquisition (ROW) Development Fees $ - $ 18.43 $ - $ 18.43 MI Valley Arterial Funds $ - $ 27.77 $ - $ 27.77 Construction (CONST) Development Fees $ - $ 4.79 $ 329.89 $ 334.68 MI Valley Arterial Funds $ - $ 7.21 $ 496.91 $ 504.12 Total Project Development Fees $ - $ 59.13 $ 329.89 $ 389.03 MI Valley Arterial Funds $ - $ 89.07 $ 496.91 $ 585.98 Attachment B Allocation Limit and Program Accounting of MI Valley Arterial Funds for the City of Grand Terrace Allocation/Reimbursements Amount FY 10/11 MI Valley Arterial Allocation $ 88,910.00 FY 10/11 Projected Prior Adv Exp Reimbursement $ - FY 10/11 Projected New MI Expenditures $ 89,070.00 FY 10/11 Projected New MI Adv Expenditures $ 160.00 Additional Programming Capacity $ - CumulativeAllocation $ 88,910.00 Cumulative Reimbursements' $ - Outstanding Advance Expenditures $ - Includes both reimbursed project costs and advance expenditures.