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Home My WebLink About2011-257 RESOLUTION NO. 2011-257 2 RESOLUTION APPROVING JURISDICTION MASTER AGREEMENT NO. C12024 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SAN BERNARDINO FOR PARTIAL FUNDING OF ELIGIBLE PROJECTS IDENTIFIED IN THE MEASURE I 2010-2040 STRATEGIC PLAN UNDER THE VALLEY MAJOR STREET PROGRAM-ARTERIAL SUB- PROGRAM. 3 4 5 6 WHEREAS, the San Bernardino County Transportation Authority (SANBAG) has 7 requested that the City of San Bernardino (CITY) execute Jurisdiction Master Agreement No. 8 C12024, attached hereto as Exhibit "A" and made a part hereof, defining the obligations of 9 SANBAG and CITY with respect to the reimbursement of eligible project costs in accordance 10 with the Measure I 20 I 0-2040 Strategic Plan. 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 12 13 SECTION 1. The City Manager is hereby authorized and directed to execute said 14 Agreement on behalf of the City. 15 SECTION 2. The authorization to execute the above referenced Agreement IS 16 rescinded if it is not executed within ninety (90) days of the passage of this resolution. 17 //I 18 1/1 19 20 21 22 23 24 25 2011-257 2 RESOLUTION...APPROVING JURISDICTION MASTER AGREEMENT NO. C12024 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SAN BERNARDINO FOR PARTIAL FUNDING OF ELIGIBLE PROJECTS IDENTIFIED IN THE MEASURE 12010-2040 STRATEGIC PLAN UNDER THE VALLEY MAJOR STREET PROGRAM-ARTERIAL SUB- PROGRAM. 3 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a ioint regular meeting thereof, held 7 on the 6th day of September ,201 I, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x x 17 ()~Ju) I~ . tta;Jc Rac~ Clark, City Clerk The foregoing resolution is hereby approved this cf>~ day of September ,201 I. 18 19 20 22 Approved as to form: 21 23 24 -"9. &"t/rY-. J MES F. PENMAN, ity Attorney 25 2011-257 Exhibit "A" JURISDICTION MASTER AGREEMENT NO. C12024 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN BERNARDINO THIS AGREEMENT is made and entered into as of the effective date, as defined herein, by and between the San Bernardino County Transportation Authority (hereinafter referred to as "SANBAG") and the City of San Bernardino (hereinafter referred to as "CITY"). RECITALS WHEREAS, the Measure I 2010-2040 Strategic Plan identified Valley Major Street Program- Arterial Sub-program projects eligible for partial funding from Measure I 2010- 2040 revenues; and WHEREAS, this Jurisdiction Master Agreement (AGREEMENT) is to be carried out in accordance with the policies in the most current Measure I 2010-2040 Strategic Plan, as adopted by the SANBAG Board of Directors; and WHEREAS, SANBAG will annually adopt a Measure I funding allocation and project list for the Valley Major Street Program - Arterial Subprogram, based on SANBAG's annual budget and CITY'S Capital Project Needs Analysis (CPNA); 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 in an amount that is determined by SANBAG as part of its annual approval of the Measure I allocation for that program; NOW, THEREFORE, SANBAG and CITY agree to the following: C12024 Page 1 of6 M', ilU. ""__'~""<i<~'~"',"1'.,;.-'_'~"'_"'~~'"_"",_"",,,,'",'+",""~j_~_"'d"""""" 2011-257 SECTION I SANBAG AGREES: 1. To reimburse CITY, as provided for in Section III, within thirty (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. To annually adopt a Measure I funding allocation and project list (hereinafter referred to as "FUNDING ALLOCATION AND PROJECT LIST") for the Valley Major Street Program - Arterial Subprogram, based on SANBAG's annual budget and CITY'S Capital Project Needs Analysis (CPNA) submittal to SANBAG for the applicable fiscal year. SANBAG will notify CITY of the Measure I allocation and the list of projects eligible for reimbursement within approximately thirty (30) days of such action, which will also constitute authorization for CITY to begin invoicing for the applicable fiscal year. 3. Except as provided below in Section II Article 8, 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. SECTION II CITY AGREES: 1. That only eligible project-specific work activities, as set forth in SANBAG's annually adopted FUNDING ALLOCATION AND PROJECT LIST, that also conform to the SANBAG Nexus Study and are included as projected expenditures in the first two years of the applicable Capital Project Needs Analysis (CPNA) or referenced as "prior" expenditures in the CPNA will be eligible for reimbursement with Measure I Major Street Program- Arterial Sub- program funds. Prior expenditures must be eligible under the Advance Expenditure policies in Section V.C of the SANBAG Measure I 2010-2040 Strategic Plan Policy 40002. 2. To prepare and submit to SANBAG an original and two copies of signed invoices for reimbursement of those eligible project expenses contained in SANBAG's adopted FUNDING ALLOCATION AND PROJECT LIST. Invoices may be submitted to SANBAG as frequently as monthly, up to the C12024 Page 2 of6 2011-257 cumulative allocation limit specified in the FUNDING ALLOCA nON AND PROJECT LIST. 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 finding, or within such other period as may be agreed between both parties hereto, SANBAG reserves the right to withhold future payments due CITY from any source under SANBAG's control. 4. To provide (select one of two options): A. (If no specification of reserved and unreserved accounts) the percentage share of total eligible project expenses as specified in the most current, approved version of the SANBAG Development Mitigation Nexus Study, which represents the development share. B. (If reserved and unreserved accounts are specified) 50% share of total eligible project expenses allocated to the reserved account, as documented in SANBAG's annually adopted FUNDING ALLOCA nON AND PROJECT LIST. 5. To maintain copies of all consultant/contractor invoices, 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 Final Report and invoice no later than one hundred twenty (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 C12024 Page 3 of6 2011-257 in conformance with this AGREEMENT and for those project-specific work activities described. 8. To allow for the preparation of a project-specific audit by CITY or by SANBAG, at SANBAG's option and expense, and to cooperate in the audit as described in Section I Article 3, upon completion of the project. The audit must find that all funds expended on the project were used in conformance with this AGREEMENT. 9. To notify SANBAG of Project Development Team (PDT) meetings, if and when such meetings are held, and provide related communications on project progress when requested by SANBAG. 10. As an eligible project expense, to post signs when project construction begins at the boundaries of the project noting that project is funded with Measure I funds. Signs shall bear the logo of San Bernardino Associated Governments. SECTION III IT IS MUTUALLY AGREED: 1. To abide by all applicable federal, state and local laws and regulations pertaining to projects funded through this AGREEMENT, including policies in the applicable program in the Measure I 2010-2040 Strategic Plan, as amended, as of the date of SANBAG's adoption of the FUNDING ALLOCA TION AND PROJECT LIST for the applicable fiscal year. . 2. SANBAG's financial responsibility shall be (select one of two options for each individual year of allocation): A. (if no specification of reserved and unreserved accounts) the percentage of actual cost for eligible project expenditures as specified in the most current, approved version of the SANBAG Development Mitigation Nexus Study, up to the cumulative allocation limit specified in the adopted FUNDING ALLOCATION AND PROJECT LIST. B. (if reserved and unreserved accounts are specified) 100% of actual cost for eligible project expenditures up to the limit specified in the adopted FUNDING ALLOCA TION AND PROJECT LIST for the unreserved account, and 50% of actual cost for eligible project expenditures up to the limit specified in the adopted FUNDING ALLOCATION AND PROJECT LIST for the reserved account. 3. CITY may be reimbursed in a subsequent fiscal year for expenditures in excess of the cumulative allocation limit for the current fiscal year, based on invoices for eligible project expenditures. SANBAG retains the option to Cl2024 Page 4 of6 ',,,,~,~.""W,<I''i,j,'1!1'!it!Jjlj\.~,"IFlt~W!<l._...;_'t''''_~''"'''4'__'''';''i"'~""":"'_-''''';;o,'#;'''''_"'''' I>"""'"~"'"''''''"'''''''''~'''';''~'''''M''''~''''''''''~''''' .,,'.,.<,.,--., 2011-257 reimburse CITY no more than 50% of the public share of excess expenditures for the current fiscal year within the first six (6) 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 thirty (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 cumulative allocation limit as referenced in the adopted FUNDING ALLOCATION AND PROJECT LIST 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 received for the subsequent year. Eligible project reimbursements shall include only those costs incurred by CITY for project-specific work activities that are described in the adopted FUNDING ALLOCA nON AND PROJECT LIST. 5. 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 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) or damage 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 is an authorized self- insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrants that through its programs of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. SANBAG warrants that it maintains insurance for these purposes. 6. 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. 7. 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 or modify this AGREEMENT if the CITY fails to perform C12024 Page 5 of6 '.'_~~~,*,A~'_'_.~""'''''"''''''''''_'''__''''__<~;O>__'''_'''-''''~'-'''_'':~.,. . , , . \ . , , 2011-257 according to the terms of this AGREEMENT and if this failure jeopardizes the delivery of the project according to the terms herein. 8. 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 allocation of Measure I funds in the SANBAG budget. 9. The Recitals stated above are true and correct and are incorporated by this reference into the AGREEMENT. 10. The effective date shall be the date upon which SANBAG executes this AGREEMENT. SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY CITY of SAN BERNARDINO By: By: Charles E. McNee City Manager Date: ll~?.--I\ Date: '1 - \ '-\- \ \ APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Date: q~1q--q es F. Penman ity Attorney Date: J'~.? UJtt CONCURRENCE: Cl2024 Page 6 of6 ~"'~__......" ~., .,. .'~ ._._""'...._,_"',""''''''',....'''.''''''''.__'''';".'...,'''..._'''._,.,.....-i''''>..~'~..,<..,'-,