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Resolution No. 2018-008RESOLUTION NO. 2018-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A RESTRICTED GRANT AGREEMENT WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION, TO ACCEPT AN FY 2017-18 CALTRANS SUSTAINABLE TRANSPORTATION PLANNING GRANT FOR THE PREPARATION OF THE VERNON LA RIVER PATH ACTIVE TRANSPORTATION ACCESS PLAN (LA RIVER ATAP) WHEREAS, on December 15, 2017, the City of Vernon (the "City") was awarded a Sustainable Transportation Planning Grant (the "Grant") from the State of California, acting through the California Department of Transportation ("Caltrans"), for the purpose of preparing the Vernon LA River Path Active Transportation Access Plan ("LA RIVER ATAP"); and WHEREAS, the Grant will provide the funding needed to study the east -west connections through the City to potentially establish a cross-town active transportation network that will connect to the river path to transit stops and employment centers in Vernon; and WHEREAS, acceptance of the Grant is conditioned on, among other things, the City's allocation of $37,200 of local matching funds; and WHEREAS, the City intends to reflect the allocation of such matching funds in its FY 2018-19 budget and will consider that allocation at the appropriate time; and WHEREAS, by memo dated March 6, 2018, the Director of Public Works has recommended that the City Council of the City of Vernon accept the Grant for the preparation of the LA RIVER ATAP and authorize the City Administrator to enter into a Restricted Grant Agreement with Caltrans for the Grant amount of $210,800.00; and WHEREAS, the City Council desires to approve and authorize the execution of the Agreement in order to receive Grant funding in the amount of $210,800.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is categorically exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15306, because grant funds would be used solely for data collection, research, and preparation of a study / plan, which will not result in a serious or major disturbance to any environmental resource and which will not commit the City to any project. SECTION 3: The City Council of the City of Vernon hereby authorizes the City Administrator to execute a Restricted Grant Agreement with Caltrans, which agreement shall be provided to the City upon passage of this Resolution. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator to execute said agreement for, and on behalf of, the City of Vernon and the City Clerk, is hereby authorized to attest thereto, without further City Council approval. SECTION 5: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 6: The City Council of the City of Vernon hereby - 2 - directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to Caltrans. SECTION 7: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of March, 2018. ATTEST: Maria Ayala, ty Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy ty Attorney - 3 - Name: melisss'A. Yba=& Title: Mayor / Mayor n •r...., STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2018-08, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, March 6, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this Vp-2' -tl% day of March, 2018, at Vernon, California. (SEAL) - 4 - Mari E. Ayala City Clerk CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) I, Maria E. Ayala, City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: RESOLUTION NO. 2018-08 - A Resolution of the City Council of the City of Vernon, Authorizing the City Administrator to Execute a Restricted Grant Agreement with the State of California, Acting by and Through the Department of Transportation, to Accept an FY 2017 - 18 Caltrans Sustainable Transportation Planning Grant for the Preparation of the Vernon LA River Path Active Transportation Access Plan (LA River ATAP) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of Vernon, County of Los Angeles, State of California, on this c?4'`` day of March 2018. SEAL: Mari E. Ayala City Clerk TRANSMITTAL COMMUNICATION .�11 of Vie,._ tp "LIU Ott r OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 April 17, 2018 California Department of Transportation 07 District/Planning Attn: Melanie Bradford, Contract Manager 100 St. MS 16 Los Angeles, CA 90012 Re: Grant Funding for the City's Los Angeles River Path Active Transportation Access Plan Dear Ms. Bradford: Transmitted herewith are four partially executed original agreements, as referenced above, approved by City Council on March 6, 2018, through Resolution No. 2018-08. Please return one fully executed original agreement to the undersigned. If you have any questions regarding this matter, please call Brandon Araujo at (323) 583-8811 Ext. 232. Very ly yours, Deborah R. Juarez Records Management Assistan Enclosures c: Brandon Araujo William Fox Daniel Wall Resolution No. 2018-08 Agreement File No. 18-013 EXc(usivefy Industrial PARTIALLY EXECUTED SIGNATURE ROUTING FORM CONTRACTOR: California Department of Transportation CONTRACT PURPOSE: Grant funding for the City's Los Angeles River Path Active Transportation Access Plan CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS ❑ BUDGETED � NOT BUDGETED Gl►Altr PMaL4+: TOTAL CONTRACT VALUE: $ 210,800 Charge Acct. No(s) 011.3043.440100 G 'S' loci 1 (V10" S 3-4,2,C>0 '�--f-A t i?roj e Amendment Value $ ❑ Contract is an Amendment to Eden Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Brandon Arauio PHONE: ext. 232 AUTHORIZATION: ❑ Approved by Council on 3/6/2018 (Check one and attach Resolution No. 2018-08 (if applicable) supporting documentation) ❑ Approved by City Administrator on ❑ Approved by Finance Director on ROUTING SEQUENCE: (Please Follow In Order) Initials Date (1) Responsible Department Person ¢ 4 . 3 / 29 Certifies compliance with Competitive Bidding and Purchasing Ordinance, obtains approval from City Council/City Administrator/Finance Director, and obtains approval as to form from the City Attorney's Office, assembles two (2) originals of contract, obtains proper signatures from contractor/consultant pursuant to the signature requirements, obtains insurance & bond documents, notifies IT to remove related RFP/bid notice from the City's website (if applicable), enters contract into Eden once routing process is complete. (2) Liability and Claims Approves insurance and sureties, if bonds required.,� (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Livin age Ordinances and reflected in current budget. > (4) City Attorney Approves contract as to form. (5) City Signatory Signs document on behalf of City. (6) City Clerk `PS Attests signatures, numbers and files contract, enters contract documents (executed contract, supporting documentation, insurance and bonds, etc.) into Laserfiche, transmits duplicate original to contractor/consultant, notifies Responsible Department Person, and notifies any "consultant" of duties to file Form 700, if applicable. Rev. 6/2017 City of Vernon Agreement Number 74A0996 Page 1 of 18 SUSTAINABLE COMMUNITIES GRANTS (STATE) RESTRICTED GRANT AGREEMENT THIS RESTRICTED GRANT AGREEMENT (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS and the City of Vernon herein after referred to as AGENCY, will commence on May 1, 2018, or approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of the RGA and before receipt of notice to proceed by the CALTRANS Contract Manager. This RGA shall expire on February 28, 2020. RECITALS 1. Under this RGA, CALTRANS intends to convey State grant funds to AGENCY, pursuant to Budget Act Line Item 2660-102-3290, who will conduct transportation studies and planning within the regional area under the jurisdiction of AGENCY under the terms, covenants and conditions of this RGA. 2. CALTRANS and AGENCY intend that only funds that are authorized as grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non -grant agreement shall be subject to this RGA. SECTION I AGENCY AGREES: To timely and satisfactorily complete all Project Work described in Attachment II within the project budget and in accordance with the items of this RGA. ��I3Q9us] hilIl1 CALTRANS AGREES: That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations. SECTION III IT IS MUTUALLY AGREED: City of Vernon Agreement Number 74A0996 Page 2 of 18 In consideration of the foregoing and the mutual promises of the parties hereto, AGENCY and CALTRANS agree as follows: Under this RGA, CALTRANS will convey State grant funds to AGENCY, pursuant to Budget Act Line Item 2660-102-3290, who will conduct transportation studies and planning within the regional area under the jurisdiction of AGENCY. The funds subject to this RGA must be (a) identified as available for a grant in CALTRANS' budget and (b) for the purpose of conducting transportation studies or planning or to a CALTRANS organization that is responsible for conducting transportation studies or planning. 2. Under this Restricted Grant, funds may be only used for the purpose set forth in this paragraph and funds may only be used for costs and expenses that are directly related to such purpose. 3. AGENCY shall perform all the duties and obligations described in the Vernon LA River Active Transportation Access Plan, hereinafter the Project, subject to the terms and conditions of this RGA. The Approved Project Grant Application (Scope of Work and Project timeline), which are attached hereto as Attachment II. 4. The resolution authorizing AGENCY to execute this RGA pertaining to the above described Project is attached hereto as Attachment I. 5. All services performed by AGENCY pursuant to this RGA shall be performed in accordance with all applicable State and AGENCY laws, regulations, ordinances, policies and procedures and CALTRANS published manuals, including Grant Application Guide at: http://www.dot.ca.gov/hq/tpp/offices/orip/Grants/grants.htm1. In case of conflict between State and AGENCY laws, regulations, ordinances, policies or procedures, the order of precedence applicability of these laws shall be established by prevailing California laws and regulations; CALTRANS policies and procedures; ordinances; and, AGENCY policies and procedures. This RGA may not include any federal funds. 6. Project funding is as follows: FUND TITLE FUND SOURCE DOLLAR AMOUNT RMRA S131 $210,800.00 LOCAL MATCH Agency Provided $ 37,200.00 Total Project Costs $248,000.00 City of Vernon Agreement Number 74A0996 Page 3 of 18 No in -kind contributions may be made unless the amount and type of the contribution is identified above. 7. This RGA is exempt from legal review and approval by the Department of General Services, pursuant to AG Opinions: 58 Ops. AG 586 (1974), 63 Ops. AG 290 (1980), 74 Ops AG 10 (1991), and 88 Ops AG 56.1 8. Notification of Parties a. AGENCY's Project Manager for PROJECT is Daniel Wall, Director of Public Works, & Felix Velasco, Associate Engineer b. CALTRANS' Contract Manager is Melanie Bradford. "Contract Manager" as used herein includes his/her designee. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: City of Vernon Attention: Daniel Wall, Project Manager Phone Number: (323) 583-8811 EX 318 4305 S. Santa Fe Avenue Vernon, CA 90058 California Department of Transportation 07 District/Planning Attention: Melanie Bradford, Contract Manager Phone Number: (213) 897 9446 Email: Melanie.bradford@dot.ca.gov 100 St. MS 16 Los Angeles, CA 90012 9. Period of Performance a. Reimbursable work under this RGA shall begin no earlier than on May 1, 2018, contingent upon the approval by CALTRANS and receipt of the Notice to Proceed letter of this RGA by the CALTRANS Contract Manager, and will expire on February 28, 2020. b. AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed letter by the CALTRANS' Contract Manager. 10. Changes in Terms/Amendments This RGA may only be amended or modified by mutual written agreement of the parties. City of Vernon Agreement Number 74A0996 Page 4 of 18 11. Cost Limitation a. The total amount reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $210,800 .00. b. It is agreed and understood that this RGA fund limit is an estimate and that CALTRANS will only reimburse the cost of services actually rendered as authorized by the CALTRANS Contract Manager at or below that fund limitation established hereinabove. 12. Termination a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least thirty (30) days in advance of the effective date of such termination in the event AGENCY fails to proceed with PROJECT work in accordance with the terms of this RGA. b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least thirty (30) days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized and non -cancelled costs up to the date of termination. c. AGENCY has sixty (60) days after the Termination Date to submit invoices to CALTRANS to make final allowable payments for Project costs in accordance to the terms of this RGA. Failure to submit invoices within this period may result in a waiver by AGENCY of its right to reimbursement of expended costs. 13. Budget Contingency Clause a. It is mutually agreed that if the U.S. Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this Agreement and AGENCY shall not be obligated to perform any provisions of this RGA. b. If funding for any fiscal year is reduced or deleted by the U.S. Congress or the State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this Agreement with no liability occurring to CALTRANS, or offer a RGA Amendment to AGENCY to reflect the reduced amount. 14. Payment and Invoicinq a. The method of payment for this RGA will be based on actual allowable costs. CALTRANS will reimburse AGENCY for expended actual allowable direct costs and including, but not limited to labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project work. Indirect City of Vernon Agreement Number 74AO996 Page 5 of 18 costs are reimbursable only if the AGENCY has an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III — Cost Principles, Item 16.d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III — Cost Limitations, Item 11.a. Actual costs shall not exceed the estimated wage rates, labor costs, travel and other estimated costs and fees set forth in Attachment II without an amendment to this RGA, as agreed between CALTRANS and AGENCY. b. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in the performance of the Project work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date, but must have also paid for those costs to claim any reimbursement. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non -represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its sub- recipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: http://www.dot.ca.gov/hg/asc/travel/ap b/bu1.htm Also see website for summary of travel reimbursement rules. d. AGENCY shall submit invoices to CALTRANS at least quarterly but no more frequently than monthly in arrears for completion of milestones in accordance with the Project Timeline in Attachment II to the satisfaction of the CALTRANS' Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to the CALTRANS' Contract Manager at the following address, as stated in Section III — Notification of Parties, Item 8.c. e. Invoices shall include the following information: 1) Names of the AGENCY personnel performing work 2) Dates and times of project work 3) Locations of project work 4) Itemized costs as set forth in Attachment II, including identification of each employee or subcontractor staff that provided services during the period of the invoice, the number of hours and hourly rates for each employee or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow the CALTRANS' Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, City of Vernon Agreement Number 74A0996 Page 6 of 18 to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. f. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction. Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III — Termination, Item 12. g. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly but no more frequently than monthly in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice. h. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date the RGA expires. AGENCY has sixty (60) days after that Expiration Date to make final allowable payments to Project contractors or vendors, submit the Project's Final Product(s) as defined in Attachment II and final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the sixtieth (60th) day will be reverted and will no longer be accessible to reimburse late Project invoices. 15. Local Match Funds a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or quarterly basis. The frequency of the payments shall be agreed upon by the parties in a document signed by both parties. Notwithstanding the foregoing, to the extent that in -kind contributions are permitted under this Agreement, the contributions may be counted as cash when they are actually received by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds will be made or allowed only for work performed on and after the date of issuance of the Notice to Proceed and prior to the Expiration Date of this RGA. b. Local cash and in -kind match requirements can be found at: http://www.dot.ca.gov/hq/tpp/offices/orip/Grants/grants.html, Grants Application Guide. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment II. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in -kind match requirements can be found at the Office of Regional Planning (ORP) website: http://www.dot.ca.gov/hq/tpp/offices/orip/Grants/grants.html 16. Cost Principles a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part City of Vernon Agreement Number 74AO996 Page 7 of 18 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Every sub - recipient receiving Project funds as a sub -recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within thirty (30) days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third -party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source. d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: http://www.dot.ca.gov/hq/LocalPrograms/lam/lapm.htm. e. AGENCY agrees and shall require that all of its agreements with consultants and sub -recipients contain provisions requiring adherence to this section in its entirety except for section c, above. 17. Americans with Disabilities Act By signing this RGA, AGENCY assures CALTRANS that in the course of performing Project work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) City of Vernon Agreement Number 74AO996 Page 8 of 18 18. Indemnification Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon AGENCY under this RGA. It is understood and agreed that AGENCY, its officers, employees, agents, or subcontractors shall fully defend, indemnify and save harmless CALTRANS and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents or subcontractors under this RGA. 19. Nondiscrimination Clause (2 CCR 11105 Clause b) a. During the performance of this RGA, the AGENCY, and its Subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than twenty four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause. City of Vernon Agreement Number 74AO996 Page 9 of 18 d. AGENCY and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the RGA. 20. Retention of Records/Audits a. AGENCY, its contractors, subcontractors and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub -recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub -recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors and sub -recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY's external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. b. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY's contracts with third parties pursuant to GC Section 8546.7, AGENCY, AGENCY's sub - recipients, contractors, subcontractors, and CALTRANS shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. City of Vernon Agreement Number 74A0996 Page 10 of 18 c. AGENCY, its sub -recipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other AGENCY of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA. d. Additionally, all grants may be subject to a pre -award audit prior to execution of the RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs. e. Any contract with a consultant or sub -recipient entered into as a result of this Agreement shall contain all the provisions of this article. 21. Disputes a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The decision of the CALTRANS Contract Officer shall be the CALTRANS's final decision regarding the dispute. b. Neither the pendency of a dispute nor its consideration by the CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of the RGA. 22. Third -Party Contracts a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without prior written authorization by CALTRANS Contract Manager unless expressly included (sub -recipient identified) in Attachment II as part of the identified Project work. b. All State -government -funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY's laws, rules, and ordinances governing procurement and all applicable provisions of state law, including without limitation the requirement that the AGENCY obtain at least three (3) competitive bids for solicitation of goods, services and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications -based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the provisions of the Local Assistance Procedures Manual (LAPM), Chapter 10, which are not inconsistent with this section 23, Third Party Contracts. The LAPM can be found and the following link: City of Vernon Agreement Number 74AO996 Page 11 of 18 http://www.dot.ca.gov/hq/LocalPrograms/lam/lapm.htm#LAPMopl. c. Any subcontract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY's sub - recipients, contractors, and subcontractors. Copies of all agreements with sub -recipients, contractors, and subcontractors must be submitted to the CALTRANS Contract Manager. d. CALTRANS does not have a contractual relationship with the AGENCY's sub- recipients, contractors, or subcontractors and the AGENCY shall be fully responsible for all work performed by its sub -recipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS Contract Manager shall be required before AGENCY enters into any non -budgeted purchase order or sub- agreement for supplies, or consultant services. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III, Item 14e.4, above. Any subcontract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III, Item 14c, above. 23. Drug -Free Workplace Certification By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug -Free Workplace Act of 1990 (GC Section 8350 et seq.) and will provide a Drug -Free workplace by doing all of the following: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by GC Section 8355(a). b. Establish a Drug -Free Awareness Program as required by GC Section 8355(b) to inform employees about all of the following: 1) The dangers of drug abuse in the workplace. 2) The person's or organization's policy of maintaining a Drug -Free workplace; 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. City of Vernon Agreement Number 74A0996 Page 12 of 18 c. Provide, as required by GC Section 8355(c), that every employee who works on the proposed contract or grant: 1) Will receive a copy of the company's Drug -Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above. 24. Relationship of Parties It is expressly understood that this RGA is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. 25. State -Owned Data a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media: 1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government -certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space. 2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules. 3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another. 4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only. 5) Install and maintain current anti -virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS Contract Manager immediately of any actual or City of Vernon Agreement Number 74AO996 Page 13 of 18 attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this RGA. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s). (State Administrative Manual (SAM) Section 5335.1) 26. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to and not a limitation of the AGENCY'S indemnification obligations contained elsewhere in this Agreement, the AGENCY hereby assumes all risks of the consequences of exposure of AGENCY'S employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY'S employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees. 27. Mandatory Organic Waste Recyclinq It is understood and agreed that pursuant to Public Resources Code §42649.8 et. seq, if AGENCY generates four (4) cubic yards of organic waste per week the AGENCY shall arrange for organic waste recycling services. "Organic waste" means food waste, green waste, landscape and pruning waste, non -hazardous wood waste, and food -soiled paper waste that is mixed in food. City of Vernon Agreement Number 74A0996 Page 14 of 18 The AGENCY shall take at least one of the following actions: 1) Source separate organic waste from other waste and subscribe to a basic level of organic waste recycling service that includes collection and recycling of organic waste. 2) Recycle its organic waste onsite or self -haul its own organic waste for recycling. 3) Subscribe to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste. 28. Proiect Close Out/Final Product a. AGENCY will provide two (2) copies and two (2) electronic versions of the Final Product(s) to the CALTRANS Contract Manager. b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt of Final Product(s) to the CALTRANS Contract Manager. 29. OWNERSHIP OF PROPRIETARY PROPERTY a. Definitions 1) Work: The work to be directly or indirectly produced by AGENCY under this RGA. 2) Work Product: All deliverables created or produced from Work under this Agreement including but not limited to, all Work and Deliverables conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six (6) months after the termination thereof, which relates to the Work commissioned or performed under this Agreement. "Work Product" includes all deliverables, inventions, innovations, improvements, or other works of authorship Contractor may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret, or other legal protection. 3) Inventions: Any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by the Contractor or jointly with the Contractor's Subcontractor and/or the Contractor's Subcontractor's employee's with one or more employees of the Department of Transportation (herein after referred to as "the Department"), during the term of this Agreement and in performance of any Work under this Agreement, provided that either the conception or reduction to practice thereof occurs during the term of this Agreement and in performance of Work issued under this Agreement. City of Vernon Agreement Number 74A0996 Page 15 of 18 b. OWNERSHIP OF WORK PRODUCT AND RIGHTS 1) Ownership of work product: Except in regard to Pre-existing Works, all Work Product derived by the Work performed by the Contractor, its employees or by any of the Contractor's Subcontractor's employees under this Agreement, shall be owned by the Department and shall be considered to be works made for hire by the Contractor's Subcontractor for the Department. The Department shall own all United States and international copyrights in the Work Product. As such, all Work Product shall contain, in a conspicuous place, a copyright designation consisting of a "c" in a circle followed by the four -digit year in which the Work Product was produced, followed by the words "California Department of Transportation." For example, a Work Product created in the year 2012 would contain the copyright designation © 2012 California Department of Transportation. 2) Vesting of copyright rights: Contractor, its employees or any of Contractor's Subcontractor's employees agrees to perpetually assign, and upon creation of each Work Product automatically assigns, to the Department, its successors and assigns, ownership of all United States and international copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the Contractor's Subcontractor from the Department. From time to time upon the Department's request, the Contractor's Subcontractor and/or its employees, shall confirm such assignments by execution and delivery of such assignments, confirmations or assignment, or other written instruments as the Department may request. The Department, its successors and assigns, shall have the right to obtain and hold in its or their own name(s) all copyright registrations and other evidence of rights that may be available for Work Product. Contractor hereby agrees to waive all moral rights relating to identification of authorship restriction or limitation on use, or subsequent modifications of the Work. c. INVENTIONS 1) Vesting of patent rights: The Contractor, its employees and any Contractor's Subcontractor hereby agrees to assign to the Department, its successors, and assigns, all Inventions, together with the right to seek protection by obtaining patent rights therefore and to claim all rights or priority there under, and the same shall become and remain the Department's property regardless of whether such protection is sought. The Contractor, its employees and Contractor's Subcontractor shall promptly make a complete written disclosure to the Department of each Invention not otherwise clearly disclosed to the Department in the pertinent Work Product, specifically pointing out features or concepts that the Contractor, its employees and Contractor's Subcontractor believes to be new or different. City of Vernon Agreement Number 74A0996 Page 16 of 18 The Contractor, its employees and Contractor's Subcontractor shall, upon the Department's request and at the Department's expense, cause patent applications to be filed thereon, through solicitors designated by the Department, and shall sign all such applications over to the Department, its successors, and assigns. The Contractor, its employees and Contractor's Subcontractor shall give the Department and its solicitors all reasonable assistance in connection with the preparation and prosecution of any such patent applications and shall cause to be executed all such assignments or other instruments or documents as the Department may consider necessary or appropriate to carry out the intent on this Agreement. 2) Agency: In the event that the Department is unable for any reason whatsoever to secure the Contractor's, its employees' and/or Contractor's Subcontractor's signature to any lawful or necessary document required or desirable to apply for or prosecute any United States application (including renewals or divisions thereof), Contractor, its employees and Contractor's Subcontractor hereby irrevocably designates and appoints the Department and its duly authorized officers and agents, as its agent and attorney -in -fact, to act for and on Contractor, its employees and Contractor's Subcontractor's behalf and stead, to execute and file such applications and to do all other lawfully permitted acts to further the prosecution and issuance of any copyrights, trademarks or patents thereon with the same legal force and effect as if executed by Contractor, its employees and/or Contractor's Subcontractor. The Department shall have no obligations to file any copyright, trademark or patent applications. d. ADDITIONAL PROVISIONS 1) Avoidance of infringement: In performing services under this Agreement, Contractor and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If Contractor or its employees becomes aware of any such possible infringement in the course of performing any Work under this Agreement, Contractor or its employees shall immediately notify the Department in writing. 2) Pre-existing works and license: Contractor acknowledges that all Work Product shall be the sole and exclusive property of the Department, except that any pre-existing works created by Contractor and third parties outside of the Agreement but utilized in connection with the Agreement (the "Pre- existing Works") shall continue to be owned by Contractor or such parties. Contractor agrees to notify the Department in writing of any Pre-existing Works used in connection with any Work Product produced under this Agreement and hereby grants to the Department a non-exclusive, perpetual, royalty -free license to utilize the Pre-existing Works in connection with the Work Product. City of Vernon Agreement Number 74A0996 Page 17 of 18 3) Subcontractors: Contractor shall affirmatively bind by contract any of its subcontractors or service vendors (hereinafter "Contractor's Subcontractor") providing services under this Agreement to conform to the provisions of this Exhibit. Contractor's Subcontractor shall then provide the signed contract to the Contractor, who shall provide it to the Department's Contract Manager prior to the commencement of any work. In performing services under this Agreement, Contractor's Subcontractor agrees to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If Contractor's Subcontractor becomes aware of any such possible infringement in the course of performing any Work under this Agreement, Contractor's Subcontractor shall immediately notify the Contractor in writing, Contractor will then immediately notify the Department in writing. e. OWNERSHIP OF DATA 1) Upon completion of all work under this Agreement, all intellectual property rights, ownership and title to all reports, documents, plans, specifications, and estimates, produced as part of this Agreement will automatically be vested in CALTRANS and no further agreement will be necessary to transfer ownership to CALTRANS. The Consultant shall furnish CALTRANS all necessary copies of data needed to complete the review and approval process. 2) It is understood and agreed that all calculations, drawings, and specifications, whether in hard copy of machine readable form, are intended for one-time use in the construction of the project for which this Agreement has been entered into. 3) The Consultant is not liable for claims, liabilities or losses arising out of, or connected with, the modification or misuse by CALTRANS of the machine readable information and data provided by the Consultant under this Agreement; further, the Consultant is not liable for claims, liabilities or losses arising out of, or connected with, any use by CALTRANS of the project documentation on other projects, for additions to this project, or for the completion of this project by others, excepting only such use as may be authorized, in writing, by the Consultant. 4) Any sub -agreement in excess of $25,000.00, entered, into as a result of this Agreement, shall contain all of the provisions of this clause. City of Vernon Agreement Number 74AO996 Page 18 of 18 SECTION IV ATTACHMENTS: The following attachments are incorporated into and are made a part of this RGA by this reference and attachment. I. AGENCY Resolution II. Scope of Work and Project Timeline IN WITNESS WHEREOF, the parties hereto have executed this RGA on the day and year first herein above written: STATE OF CALIFORNIA CITY OFF / NON DEPARTMENT OF TRANSPORTATION By: By: Printed Name: Printe Name: Carlos Fandino Title: Contract Officer Title: City Administrator Date: Date: 4,t_I*-- ATTES Printed N me: Maria E Ayala Title: City Clerk ��d+�• O Date: ,!:5, '41 604 7_0(b APPROVED AS TO FORM: By: _ Printed Name: Brian Byun Title: Senior Deputy City Attorney Date: City of Vernon Agreement Number 74A0996 Attachment I Page 1 of 16 RESOLUTION NO. 2018-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A RESTRICTED GRANT AGREEMENT WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION, TO ACCEPT AN FY 2017-18 CALTRANS SUSTAINABLE TRANSPORTATION PLANNING GRANT FOR THE PREPARATION OF THE VERNON LA RIVER PATH ACTIVE TRANSPORTATION ACCESS PLAN (LA RIVER ATAP) WHEREAS, on December 15, 2017, the City of Vernon (the "City") was awarded a Sustainable Transportation Planning Grant (the "Grant") from the State of California, acting through the California Department of Transportation ("Caltrans"), for the purpose of preparing the Vernon LA River Path Active Transportation Access Plan ("LA RIVER ATAP"); and WHEREAS, the Grant will provide the funding needed to study the east -west connections through the City to potentially establish a cross-town active transportation network that will connect to the river path to transit stops and employment centers in Vernon; and WHEREAS, acceptance of the Grant is conditioned on, among other things, the City's allocation of $37,200 of local matching funds; and WHEREAS, the City intends to reflect the allocation of such matching funds in its FY 2018-19 budget and will consider that allocation at the appropriate time; and WHEREAS, by memo dated March 6, 2018, the Director of Public Works has recommended that the City Council of the City of Vernon accept the Grant for the preparation of the LA RIVER ATAP and authorize the City Administrator to enter into a Restricted Grant Agreement with Caltrans for the Grant amount of $210,800.00; and City of Vernon Agreement Number 74A0996 Attachment I Page 2 of 16 WHEREAS, the City Council desires to approve and authorize the execution of the Agreement in order to receive Grant funding in the amount of $210,800.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is categorically exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15306, because grant funds would be used solely for data collection, research, and preparation of a study / plan, which will not result in a serious or major disturbance to any environmental resource and which will not commit the City to any project. SECTION 3: The City Council of the City of Vernon hereby authorizes the City Administrator to execute a Restricted Grant Agreement with Caltrans, which agreement shall be provided to the City upon passage of this Resolution. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator to execute said agreement for, and on behalf of, the City of Vernon and the City Clerk, is hereby authorized to attest thereto, without further City Council approval. SECTION 5: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 6: The City Council of the City of Vernon hereby - 2 - City of Vernon Agreement Number 74A0996 Attachment I Page 3 of 16 directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to Caltrans. SECTION 7: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of March, 2018. ATTEST: Maria P. Ayala, 2pty Clerk APPROVED AS TO FORM: t�� Brian Byun, Senior Deputy �/ty Attorney - 3 - Title: Mayor j Mayer Pre-Tem City of Vernon Agreement Number 74A0996 Attachment I Page 4 of 16 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2018-08, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, March 6, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of March, 2018, at Vernon, California. (SEAL) - 4 - -4- Mari E. Ayala City Clerk City of Vernon Agreement Number 74AO996 Attachment I Page 5of16 CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) City of Vernon Agreement Number 74AO996 Attachment I Page 6 of 16 I, Maria E. Ayala, City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: RESOLUTION NO. 2018-08 - A Resolution of the City Council of the City of Vernon, Authorizing the City Administrator to Execute a Restricted Grant Agreement with the State of California, Acting by and Through the Department of Transportation, to Accept an FY 2017 - 18 Caltrans Sustainable Transportation Planning Grant for the Preparation of the Vernon LA River Path Active Transportation Access Plan (LA River ATAP) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of Vernon, County of Los Angeles, State of California, on this (2;t day of March 2018. SEAL: �p Mari E. Ayala City Clerk FULLY EXECUTED AGREEMENT City of Vernon Agreement Number 74AO996 Page 1 of 18 SUSTAINABLE COMMUNITIES GRANTS (STATE) RESTRICTED GRANT AGREEMENT THIS RESTRICTED GRANT AGREEMENT (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS and the City of Vernon herein after referred to as AGENCY, will commence on May 1, 2018, or approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of the RGA and before receipt of notice to proceed by the CALTRANS Contract Manager. This RGA shall expire on February 28, 2020, RECITALS 1. Under this RGA, CALTRANS intends to convey State grant funds to AGENCY, pursuant to Budget Act Line Item 2660-102-3290, who will conduct transportation studies and planning within the regional area under the jurisdiction of AGENCY under the terms, covenants and conditions of this RGA. 2. CALTRANS and AGENCY intend that only funds that are authorized as grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non -grant agreement shall be subject to this RGA. SECTION I AGENCY AGREES: To timely and satisfactorily complete all Project Work described in Attachment 11 within the project budget and in accordance with the items of this RGA. SECTION.11 CALTRANS AGREES: That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations. SECTION III IT IS MUTUALLY AGREED: City of Vernon Agreement Number 74A0996 Page 2 of 18 In consideration of the foregoing and the mutual promises of the parties hereto, AGENCY and CALTRANS agree as follows: 1. Under this RGA, CALTRANS will convey State grant funds to AGENCY, pursuant to Budget Act Line Item 2660-102-3290, who will conduct transportation studies and planning within the regional area under the jurisdiction of AGENCY. The funds subject to this RGA must be (a) identified as available for a grant in CALTRANS' budget and (b) for the purpose of conducting transportation studies or planning or to a CALTRANS organization that is responsible for conducting transportation studies or planning. 2. Under this Restricted Grant, funds may be only used for the purpose set forth in this paragraph and funds may only be used for costs and expenses that are directly related to such purpose. 3. AGENCY shall perform all the duties and obligations described in the Vernon LA River Active Transportation Access Plan, hereinafter the Project, subject to the terms and conditions of this RGA. The Approved Project Grant Application (Scope of Work and Project timeline), which are attached hereto as Attachment II. 4. The resolution authorizing AGENCY to execute this RGA pertaining to the above described Project is attached hereto as Attachment I. 5. All services performed by AGENCY pursuant to this RGA shall be performed in accordance with all applicable State and AGENCY laws, regulations, ordinances, policies and procedures and CALTRANS published manuals, including Grant Application Guide at: http://www,dot.ca.gov/hq/tpp/offices/orip/Grants/grants.htmi. In case of conflict between State and AGENCY laws, regulations, ordinances, policies or procedures, the order of precedence applicability of these laws shall be established by prevailing California laws and regulations; CALTRANS policies and procedures; ordinances; and, AGENCY policies and procedures. This RGA may not include any federal funds. 6. Project funding is as follows. FUND TITLE RMRA LOCAL MATCH Total Project Costs FUND SOURCE SB1 Agency Provided DOLLAR AMOUNT $210,800.00 $ 37,200.00 $248,000.00 City of Vernon Agreement Number 74A0996 Page 3 of 18 No in -kind contributions may be made unless the amount and type of the contribution is identified above. 7. This RGA is exempt from legal review and approval by the Department of General Services, pursuant to AG Opinions: 58 Ops. AG 586 (1974), 63 Ops. AG 290 (1980). 74 Ops AG 10 (1991), and 88 Ops AG 56.] 8. Notification of Parties a. AGENCY's Project Manager for PROJECT is Daniel Wall, Director of Public Works, & Felix Velasco, Associate Engineer b. CALTRANS' Contract Manager is Melanie Bradford. "Contract Manager" as used herein includes his/her designee. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: City of Vernon Attention: Daniel Wall, Project Manager Phone Number: (323) 583-8811 EX 318 4305 S. Santa Fe Avenue Vernon, CA 90058 California Department of Transportation 07 District/Planning Attention: Melanie Bradford, Contract Manager Phone Number: (213) 897 9446 Email: Melanie.bradford@dot.ca.gov 100 St. MS 16 Los Angeles, CA 90012 9. period of Performance a. Reimbursable work under this RGA shall begin no earlier than on May 1, 2018, contingent upon the approval by CALTRANS and receipt of the Notice to Proceed letter of this RGA by the CALTRANS Contract Manager, and will expire on February 28, 2020. b. AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed letter by the CALTRANS' Contract Manager. 10, Changes in Torms/Amend ments This RGA may only be amended or modified by mutual written agreement of the parties. City of Vernon Agreement Number 74A0996 Page 4 of 18 11. Cost Limitation a. The total amount reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $210,800.00. b. It is agreed and understood that this RGA fund limit is an estimate and that CALTRANS will only reimburse the cost of services actually rendered as authorized by the CALTRANS Contract Manager at or below that fund limitation established hereinabove. 12. Termination a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least thirty (30) days in advance of the effective date of such termination in the event AGENCY fails to proceed with PROJECT work in accordance with the terms of this RGA. b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least thirty (30) days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized and non -cancelled costs up to the date of termination. c. AGENCY has sixty (60) days after the Termination Date to submit invoices to CALTRANS to make final allowable payments for Project costs in accordance to the terms of this RGA. Failure to submit invoices within this period may result in a waiver by AGENCY of its right to reimbursement of expended costs. 13. Budget Contingency Clause a. It is mutually agreed that if the U.S. Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this Agreement and AGENCY shall not be obligated to perform any provisions of this RGA. b. If funding for any fiscal year is reduced or deleted by the U.S. Congress or the State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this Agreement with no liability occurring to CALTRANS, or offer a RGA Amendment to AGENCY to reflect the reduced -amount. 14. Payment and Invoicing a. The method of payment for this RGA will be based on actual allowable costs. CALTRANS will reimburse AGENCY for expended actual allowable direct costs and including, but not limited to labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project work. Indirect City of Vernon Agreement Number 74AO996 Page 5 of 18 costs are reimbursable only if the AGENCY has an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III — Cost Principles, Item 16.d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III — Cost Limitations, Item 11.a. Actual costs shall not exceed the estimated wage rates, labor costs, travel and other estimated costs and fees set forth in Attachment II without an amendment to this RGA, as agreed between CALTRANS and AGENCY. b. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in the performance of the Project work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date, but must have also paid for those costs to claim any reimbursement. c. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non -represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its sub- recipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: http://www.dot.ca.gov/ha/asc/travel/ap b/bul.htm Also see website for summary of travel reimbursement rules. d. AGENCY shall submit invoices to CALTRANS at least quarterly but no more frequently than monthly in arrears for completion of milestones in accordance with the Project Timeline in Attachment II to the satisfaction of the CALTRANS' Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to the CALTRANS' Contract Manager at the following address, as stated in Section III — Notification of Parties, Item 8.c. e. Invoices shall include the following information: 1) Names of the AGENCY personnel performing work 2) Dates and times of project work 3) Locations of project work 4) Itemized costs as set forth in Attachment II, including identification of each employee or subcontractor staff that provided services during the period of the invoice, the number of hours and hourly rates for each employee or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow the CALTRANS' Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, City of Vernon Agreement Number 74A0996 Page 6 of 18 to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. f. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction. Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III — Termination, Item 12. g. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly but no more frequently than monthly in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date the RGA expires. AGENCY has sixty (60) days after that Expiration Date to make final allowable payments to Project contractors or vendors, submit the Project's Final Product(s) as defined in Attachment II and final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the sixtieth (60th) day will be reverted and will no longer be accessible to reimburse late Project invoices. 15. Local Match Funds AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or quarterly basis. The frequency of the payments shall be agreed upon by the parties in a document signed by both parties. Notwithstanding the foregoing, to the extent that in -kind contributions are permitted under this Agreement, the contributions may be counted as cash when they are actually received by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds will be made or allowed only for work performed on and after the date of issuance of the Notice to Proceed and prior to the Expiration Date of this RGA. b. Local cash and in -kind match requirements can be found at: http://www.dot.ca.gov/hq/tpp/offices/orip/Grants/grants.html, Grants Application Guide. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment II. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in -kind match requirements can be found at the Office of Regional Planning (ORP) website: http l/www dot ca gov/hq/tpp/offices/orip/Grants/grants.html 16. Cost Principles a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part City of Vernon Agreement Number 74AO996 Page 7 of 18 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Every sub - recipient receiving Project funds as a sub -recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within thirty (30) days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third -party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source, d..Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must prepare and submit annually to CALTRANS for review' and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: http:l/www.dot.ca.ttov/hgtLocalProgramsllam/lapm.htm. e. AGENCY agrees and shall require that all of its agreements with consultants and sub -recipients contain provisions requiring adherence to this section in its entirety except for section c, above. 17. Americans with Disabilities Act By signing this RGA, AGENCY assures CALTRANS that in the course of performing Project work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) City of Vernon Agreement Number 74AO996 Page 8 of 18 18. Indemnification Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon AGENCY under this RGA. It is understood and agreed that AGENCY, its officers, employees, agents, or subcontractors shall fully defend, indemnify and save harmless CALTRANS and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents or subcontractors under this RGA: 19. Nondiscrimination Clause (2 CCR 11106 Clause b) a. During the performance of this RGA, the AGENCY, and its Subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national. origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination, AGENCY shall comply with the provisions of the pair Employment and Housing Act (Gov. Code, § 12900 et seq), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135-11139.5). and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than twenty four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause. City of Vernon Agreement Number 74AO996 Page 9 of 18 d. AGENCY and its Subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement, e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the RGA. 20. Retention of Records/Audits a. AGENCY, its contractors, subcontractors and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub -recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub -recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors and sub -recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State'and AGENCY law. In- the absence of such an audit, any acceptable audit work performed by AGENCY's external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. b. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY's contracts with third parties pursuant to GC Section 85467, AGENCY, AGENCY's sub - recipients, contractors, subcontractors, and CALTRANS shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, .excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. City of Vernon Agreement Number 74A0995 Page 10 of 18 c. AGENCY, its sub -recipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other AGENCY of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA. d. Additionally, all grants may be subject to a pre -award audit prior to execution of the RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs. e. Any contract with a consultant or sub -recipient entered into as a result of this Agreement shall contain all the provisions of -this article. 21. Disputes a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The decision of the CALTRANS Contract Officer shall be the CALTRANS's final decision regarding the dispute. b. Neither the pendency of a dispute nor its consideration by the CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of the RGA. 22. Third -Party -,Contracts a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without prior written authorization by CALTRANS Contract Manager unless expressly included (sub -recipient identified) in Attachment 11 as part of the Identified Project work. b. All State -government -funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY's laws, rules, and ordinances governing procurement and all applicable provisions of state law, including without limitation the requirement that the AGENCY obtain at least three (3) competitive bids for solicitation of goods, services and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications -based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the provisions of the Local Assistance Procedures Manual (LAPM), Chapter 10, which are not inconsistent with this section 23, Third Party Contracts. The LAPM can be found and the following link: City of Vernon Agreement Number 74AO996 Page 11 of 18 littp://www.dot.ca.go_v_/lg/LocalPrograms/lam/lapm. htm4LAPMoRl . c. Any subcontract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY's sub - recipients, contractors, and subcontractors. Copies of all agreements with sub -recipients, contractors, and subcontractors must be submitted to the CALTRANS Contract Manager. d. CALTRANS does not have a contractual relationship with the AGENCY's sub- recipients, contractors, or subcontractors and the AGENCY shall be fully responsible for all work performed by its sub -recipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS Contract Manager shall be required before AGENCY enters into any non -budgeted purchase order or sub- agreement for supplies, or consultant services. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section 111, Item 14e.4, above. f. Any subcontract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section 111, Item 14c, above. 23. Drug -Free Workplace Certification By signing this RGA, AGENCY hereby certifies under penalty of periury under the laws of California that AGENCY will comply with the requirements of the Drug -Free Workplace Act of 1990 (GC.Section 8350 et seq.) and will provide a Drug -Free workplace by doing all of the following; a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by GC Section 8355(a). b. Establish a Drug -Free Awareness Program as required by GC Section 8355(b) to inform employees about all of the following: 1) The dangers of drug abuse in the workplace. 2) The person's or organization's policy of maintaining a Drug -Free workplace; 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. City of Vernon Agreement Number 74A0996 Page 12 of 18 c. Provide, as required by GC Section 8355(c), that every employee who works on the proposed contract or grant: 1) Will receive a copy of the company's Drug -Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above. 24, Relationship of Parties It is expressly understood that this RGA is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. 25. State -Owned Data a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and Integrity of State-owned data on portable computing devices and portable electronic storage media:. 1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government -certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space. 2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules. 3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another. 4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only. 5) Install and maintain current anti -virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS Contract Manager immediately of any actual or City of Vernon Agreement Number 74AO996 Page 13 of 18 attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this RGA. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s). (State Administrative Manual (SAM) Section 5335.1) 26, Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to and not a limitation of the AGENCY'S indemnification obligations contained elsewhere in this Agreement, the AGENCY hereby assumes all risks of the consequences of exposure of AGENCY'S employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY'S employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALT.RANS, the State of California, and/or any of their officers, agents and/or employees. 27. Mandatory Organic Waste Recycling It is understood and agreed that pursuant to Public Resources Code §42649.8 et. seq, if AGENCY generates four (4) cubic yards of organic waste per week the AGENCY shall arrange for organic waste recycling services. "Organic waste" means food waste, green waste, landscape and pruning waste, non -hazardous wood waste, and food -soiled paper waste that is mixed in food. City of Vernon Agreement Number 74AO996 Page 14 of 18 The AGENCY shall take at least one of the following actions: 1) Source separate organic waste from other waste and subscribe to a basic level of organic waste recycling service that includes collection and recycling of organic waste. 2) Recycle its organic waste onsite or self -haul its own organic waste for recycling. 3) Subscribe to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste. 28. Proiect Close Out/Final Product a. AGENCY will provide two (2) copies and two (2) electronic versions of the Final Products) to the CALTRANS Contract Manager. b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt of Final Products) to the CALTRANS Contract Manager, 29, OWNERSHIP OF PROPRIETARY PROPERTY a. Definitions 1) Work: The work to be directly or indirectly produced by AGENCY under this RGA. 2) Work Product: All deliverables created or produced from Work under this Agreement including but not limited to, all Work and Deliverables conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six (6) months after the termination thereof, which relates to the Work commissioned or performed under this Agreement. "Work Product" includes all deliverables, inventions, innovations, improvements, or other works of authorship Contractor may conceive of or develop In the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret, or other legal protection. 3) Inventions: Any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by the Contractor or jointly with the Contractor's Subcontractor and/or the Contractor's Subcontractor's employee's with one or more employees of the Department of Transportation (herein after referred to as "the Department"), during the term of this Agreement and in performance of any Work under this Agreement, provided that either the conception or reduction to practice thereof occurs during the term of this Agreement and in performance of Work issued under this Agreement. City of Vernon Agreement Number 74AO996 Page 15 of 18 b. OWNERSHIP OF WORK PRODUCT AND RIGHTS 1) Ownership of work product: Except in regard to Pre-existing Works, all Work Product derived by the Work performed by the Contractor, its employees or by any of the Contractor's Subcontractor's employees under this Agreement, shall be owned by the Department and shall be considered to be works made for hire 'by the Contractor's Subcontractor for the Department. The Department shall own all United States and international copyrights in the Work Product. As such, all Work Product shall contain, in a conspicuous place, a copyright designation consisting of a "c" in a circle followed by the four -digit year in which the Work Product was produced, followed by the words "California Department of Transportation." For example, a Work Product created in the year 2012 would contain the copyright designation © 2012 California Department of Transportation. 2) Vesting of copyrlght rights: Contractor, its employees or any of Contractor's Subcontractor's employees agrees to perpetually assign, and upon creation of each Work Product automatically assigns, to the Department, its successors and assigns, ownership of all United States and International copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the Contractor's Subcontractor from the Department. From time to time upon the Department's request, the Contractor's Subcontractor and/or its employees, shall confirm such assignments by execution and delivery of such assignments, confirmations or assignment, or other written instruments as the Department may request. The Department, Its successors and assigns, shall have the right to obtain and hold in its or their own name(s) all copyright registrations and other evidence of rights that may be available for Work Product. Contractor hereby agrees to waive all moral rights relating to identification of authorship restriction or limitation on use, or subsequent modifications of the Work. c. INVENTIONS 1) Vesting of patent rights: The Contractor, its employees and any Contractor's Subcontractor hereby agrees to assign to the Department, its successors, and assigns, all Inventions, together with the right to seek protection by obtaining patent rights therefore and to claim all rights or priority there under, and the same shall become and remain the Department's property regardless of whether such protection is sought. The Contractor, its employees and Contractor's Subcontractor shall promptly make a complete written disclosure to the Department of each Invention not otherwise clearly disclosed to the Department in the pertinent Work Product, specifically pointing out features or concepts that, the Contractor, its employees and Contractor's Subcontractor believes to be new or different. City of Vernon Agreement Number 74AO996 Page 16 of 18 The Contractor, its employees and Contractor's Subcontractor shall, upon the Department's request and at the Department's expense, cause patent applications to be filed thereon, through solicitors designated by the Department, and shall sign all such applications over to the Department, its successors, and assigns. The Contractor, its employees and Contractor's Subcontractor shall give the Department and its solicitors all reasonable assistance in connection with the preparation and prosecution of any such patent applications and shall cause to be executed all such assignments or other instruments or documents as the Department may consider necessary or appropriate to carry out the intent on this Agreement. 2) Agency: In the event that the Department is unable for any reason whatsoever to secure the Contractor's, its employees' and/or Contractor's Subcontractor's signature to any lawful or necessary document required or desirable to apply for or prosecute any United States application (including renewals or divisions thereof), Contractor, its employees and Contractor's Subcontractor hereby irrevocably designates and appoints the Department and its duly authorized officers and agents, as its agent and attorney -in -fact, to act for and on Contractor, its employees and Contractor's Subcontractor's behalf and stead, to execute and file such applications and to do all other lawfully permitted acts to further the prosecution and issuance of any copyrights, trademarks or patents thereon with the same legal force and effect as if executed by Contractor, its employees and/or Contractor's Subcontractor. The Department shall have no obligations to file any copyright, trademark or patent applications. d. ADDITIONAL. PROVISIONS 1) Avoidance of infringement: In performing services under this Agreement, Contractor and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If Contractor or its employees becomes aware of any such possible infringement in the course of performing any Work under this Agreement, Contractor or its employees shall immediately notify the Department in writing. 2) Pre-sxisting works and license: Contractor acknowledges that all Work Product shall be the sole and exclusive property of the Department, except that any pre-existing works created by Contractor and third parties outside of the Agreement but utilized in connection with the Agreement (the "Pre- existing Works") shall continue to be owned by Contractor or such parties. Contractor agrees to notify the Department in writing of any Pre-existing Works used in connection with any Work Product produced under this Agreement and hereby grants to the Department a non-exclusive, perpetual, royalty -free license to utilize the Pre-existing Works in connection with the Work Product. City of Vernon Agreement Number 74A0096 Page 17 of 18 3) Subcontractors; Contractor shall affirmatively bind by contract any of its subcontractors or service vendors (hereinafter "Contractor's Subcontractor") providing services under this Agreement to conform to the provisions of this Exhibit. Contractor's Subcontractor shall then provide the signed contract to the Contractor, who shall provide it to the Department's Contract Manager prior to the commencement of any work. In performing services under this Agreement, Contractor's Subcontractor agrees to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If Contractor's Subcontractor becomes aware of any such possible infringement in the course of performing any Work under this Agreement, Contractor's Subcontractor shall immediately notify the Contractor in writing, Contractor will then immediately notify the Department in writing. e. OWNERSHIP OF DATA 1) Upon completion of all work under this Agreement, all intellectual property rights, ownership and title to all reports, documents, plans, specifications, and estimates, produced as part of this Agreement will automatically be vested in CALTRANS and no further agreement will be necessary to transfer ownership to CALTRANS. The Consultant shall furnish CALTRANS all necessary copies of data needed to complete the review and approval process. 2) It is understood and agreed that all calculations, drawings, and specifications, whether in hard copy of machine readable form, are intended for one-time use in the construction of the project, for which this Agreement has been entered into. 3) The Consultant is not liable for claims, liabilities or losses arising out of, or connected with, the modification or misuse by CALTRANS of the machine readable information and data provided by the Consultant under this Agreement; further, the Consultant is not liable for claims, liabilities or losses arising out of, or connected with, any use by CALTRANS of the project documentation on other projects, for additions to this project, or for the completion of this project by others, excepting only such use as may be authorized, in writing, by the Consultant, 4) Any sub -agreement in excess of $25,000.00, entered, into as a result of this Agreement, shall contain all of the provisions of this clause. City of Vernon Agreement Number 74AO996 Page 18 of 18 SECTION IV ATTACHMENTS: The following attachments are incorporated into and are made a part of this RGA by this reference and attachment. I. AGENCY Resolution II. Scope of Work and Project Timeline IN WITNESS WHEREOF, the parties hereto have executed this RGA on the day and year first herein above written: STATE OF CALIFORNIA CITY OF V NON DEPAR MENT OF TRANSPORTATION By: I Q e, n. _ /, By &�Prin e`d Na e: (` ,C, Printed Name: o sPiiJl c3bi� lkJ zr Carlos Fandino Title: Contract Officer Title: City Administrator Date: 513' r/ Date: —1—(J-- ATTES Printed N me: Maria E Ayala APPROVED AS TO FORM: Title: Brian Byun Title: Senior Deputy City Attorney Date: 4/3 /3 /U1% City of Vernon Agreement Number 74AO996 Attachment I Page 1 of 15 RESOLUTION NO. 2018-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A RESTRICTED GRANT AGREEMENT WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION, TO ACCEPT AN FY 2017--18 CALTRANS SUSTAINABLE TRANSPORTATION PLANNING GRANT FOR THE PREPARATION OF THE VERNON LA RIVER PATH ACTIVE TRANSPORTATION ACCESS PLAN (LA RIVER ATAP) WHEREAS, on December 15, 2017, the City of Vernon (the "City") was awarded a Sustainable Transportation Planning Grant (the "Grant") from the State of California, acting through the California i Department of Transportation ("Caltrans"), for the purpose of preparing the Vernon LA River Path Active Transportation Access Plan ("LA RIVER ATAP"); and WHEREAS, the Grant will provide the funding needed to study the east -west connections through the City to potentially establish a cross-town active transportation network that will connect to the river path to transit stops and employment centers in Vernon; and WHEREAS, acceptance of the Grant is conditioned on, among other things, the City's allocation of $37,2.00 of local matching funds; and WHEREAS, the City intends to reflect the allocation of such matching funds in its FY 2018-19 budget and will consider that allocation at the appropriate time; and WHEREAS, by memo dated March 6, 2018, the Director of Public works has recommended that the City Council of the City of Vernon accept the Grant for the preparation of the LA RIVER ATAP and authorize the City Administrator to enter into a Restricted Grant Agreement with Caltrans for the Grant amount of $210,800.00; and City of Vernon Agreement Number 74A0998 Attachment I Page 2 of 15 WHEREAS, the City Council desires to approve and authorize the execution of the Agreement in order to receive Grant funding in the amount of $210,800.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is categorically exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15306, because grant funds would be used solely for data collection, research, and preparation of a study / plan, which will not result in a serious or major disturbance to any environmental resource and which will not commit the City to any project. SECTION 3: The City Council of the City of Vernon hereby authorizes the City Administrator to execute a Restricted Grant Agreement with Caltrans, which agreement shall be provided to the City upon passage of this Resolution. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator to execute said agreement for, and on behalf of, the City of Vernon and the City Clerk, is hereby authorized to attest thereto, without further City Council approval. SECTION 5. The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 6: The City Council of the City of Vernon hereby - 2 - City of Vernon Agreement Number 74AO996 Attachment I Page 3of15 directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to Caltrans. SECTION 7: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of March, 2018. ATTEST: F Maria Ayala, oty Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy ty Attorney - 3 - Name: Melissa A. YbEtzts Title: Mayor / Mayer Pre Tem City of Vernon Agreement Number 74AO996 Attachment I Page 4 of 15 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2018-08, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, March 6, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this rL-t'"day of March, 2018, at Vernon, California. (SEAL) == Mari E. Ayala City Clerk CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) City of Vernon Agreement Number 74AO996 Attachment I Page 5 of 15 I, Maria E. Ayala, City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: RESOLUTION NO. 2018-08 - A Resolution of the City Council of the City of Vernon, Authorizing the City Administrator to Execute a Restricted Grant Agreement with the State of California, Acting by and Through the Department of Transportation, to Accept an FY 2017 - 18 Caltrans Sustainable Transportation Planning Grant for the Preparation of the Vernon LA River Path Active Transportation Access Plan (LA River ATAP) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of Vernon,.County of Los Angeles, State of California, on this (2 ", day of March 2018. SEAL: Mari E. Ayala City Clerk City of Vernon Agreement Number 74AO996 Attachment I Page 6 of 15 STAFF REPORT City of Vernon Agreement Number 74AO996 Attachment I Page 7 of 15 REr_ . 7 'VED FEB 2 8 2018 CITY CLERK'S OFFICE FEB 2 7 2018 STAFF REPORT r"10 1101'SiRATIM PUBLIC WORKS DEPARTMENT C`g 2_2� I� Ent! DATE: March 6, 2018 TO: Honorable Mayor and City Council FROM: Daniel S. Wall, Director of Public Works Departme� Originator: Felix Velasco, Associate Engineer RE: A Resolution Accepting the FY 2017-18 Caltrans Sustainable Transportation Planning Grant Recommendations A. Find that the acceptance of the Caltrans Sustainable Transportation Planning Grant is categorically exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15306, because grant funds would be used solely for data collection, research, and preparation of a study! plan, which will not result in a serious or major disturbance to any environmental resource and which will not commit the City to any project; and B. Adopt a resolution accepting the Caltrans Sustainable Transportation Planning Grant for the preparation of the Vernon LA River Path Active Transportation Access Plan (LA RIVER ATAP) and authorizing the City Administrator to enter into a Restricted Grant Agreement with Caltrans for the grant amount of $210,800. Backeround On December 15, 2017, the City was awarded a grant of State funds from the California Department of Transportation ("Caltrans") Sustainable Transportation Planning Grant Program. With Funding in place at the state level to design and construct a new 8-mile gap closure of the LA River, including a 3-mile segment of the LA River Path through Vernon, this grant will provide the funding needed to study the east -west connections through the City of Vernon to establish a cross-town active transportation network that will connect to the river path to transit stops and employment centers in Vernon. It is anticipated that creating convenient and safe options for active transportation will help Vernon residents, commuters, and those in nearby communities incorporate more physical activity into their daily routines. Page I of 2 City of Vernon Agreement Number 74AO996 Attachment I Page 8 of 15 As a condition of grant acceptance, the City is required to provide Caltrans a resolution stating the grant project title and title of the person authorized to enter into a contract with Caltrans. The contracting process will commence upon adoption of the proposed resolution. Fiscal I►mmet The City of Vernon was awarded a grant for the amount of $210,800 in State fiinding from the Caltrans Sustainable Transportation Planning Grant Program to prepare the Vernon LA River Path Active Transportation Access Plan (LA River ATAP). The City was required to allocate $37,200 of local funds to meet the matching requirement. The matching funds will be budgeted for in the PY 2018-19. Attachments 1. A Resolution accepting finds from the Calt►ons Sustainable Transportation Planning Grant Program. 2. Caltrans Sustainable Transportation Planning Grant award letter. Page 2 of 2 City of Vernon Agreement Number 74AO996 Attachment I Page 9 of 15 g'rATeOFcnlJ02NIO ALt64II�91AST�TETAAT14pQg ONAalwc`Y----.�MSffiD9.BROYr1iIL&0.5WZ DEPARTMENT OFTRANSPORTATION DIVISION OF TRANSPORTATION PLANNING P.O. BOX 942873, MS-32 SACRAMENTO, CA 94273.0001 PHONE (9t6)654.2596 FAX (916) 653-0001 TTY 711 www.dol.ca,gov December 15, 2017 Mr. Daniel Wall Director of Public Works City of Vernon 4305 S. Santa Fe Avenue Vernon, CA 90058 Dear Mr. Wall: • Mahng Coaservallon a CalA-1a Way ojLife. On behalf of the California Department of Transportation (Caltrans), Division of Transportation Planning, I am pleased to offer my congratulations to the City of Vernon for the recent award of the following State transportation planning grant for fiscal year (FY) 2017-18: Grant Prop —ram: Road l�laintenance & Rehabilitation Account — Sustainab c Communities Granf Title: Vernon LA River Path Active Transportation Access Plan Grant Award: $210,800 Local Match: $3 AO Total Project Amount: $248,000 Please see the list below which identifies specific conditions for a grantee to accept grant funding; to program funds, and to begin work. Conditions one through five must be fulfilled no later than January 12, 2018 by submitting these items to Caltrans District staff for approval. Failure to fulfill these conditions will result in forfeiture of funds. Also note, final products must be completed and submitted to Caltrans, no later than February 28, 2020. Final requests for rennbursements must be submitted to Caltrans no later than April 28, 2020. Conditions of Grant Acceptance These State grant funds cannot be expended or reimbursed until the following conditions are satisfied: 1. Submit past due Annual Progress Report(s) required by Government Code Section 65400 to the Department of Housing and Community Development. 2. The revised final Scope of Work, Project Timeline with the earliest start date of May 1 2018, and Grant Application Cover Sheet are submitted to Caltrans District 7 for approval. "Provide a safe, saslalnable, inlegraw..d and o lckld lranvo+Yallon syskm to enhance CaBjbrnla s eew+omy and !lvabillly" City of Vernon Agreement Number 74A0996 Attachment I Page 10 of 15 Mr. Daniel Wall December 15, 2017 Page 2 3. A Payee Data Record (STD. 204) is completed and submitted. Although the form indicates that government entities are not required to submit this form, it is needed to ensure payments are sent to the correct recipient. 4. If applicable, a Third Party In -kind Valuation Plan is submitted for the use of in -kind contributions to satisfy the minimum local match requirement. Third party in -kind contributions are goods and services donated from outside the grantee's agency, such as donated printing, facilities, interpreters, equipment, advertising, time and effort, staff time, and other goods and services. 5. If applicable, indirect costs trust have been identified in the approved grant Scope of Work and project timeline. 6. A local resolution from the City of Vernon governing board stating the grant project title and title of the person authorized to enter into a contract with Caltrans must be provided no later than February 22, 2018. 7. The City of Vernon receives a fully executed contract and has been formally notified by Caltrans District staff to begin work. The contracting process can begin once the first six conditions have been satisfied. For your convenience, a toolbox to aid you during this process is available on our website below: http://www.dot.ca.go v/hg /tpplofficeslorip/Grants/grants. html. A Quarterly Progress Report with a brief narrative of completed project activities will need to be submitted to the district grant manager once the project is under way. Request for reimbursement with the required minimum local match can be submitted monthly, but must be submitted quarterly. Please contact Charles Lau, in Caltrans District 7, at (213) 897-0197, or Alison Nealon, Headquarters Liaison, at (916) 651-8202 if you have any questions concerning these grant funds or program requirements. Sincerel , ER THOMPSON Chief, Office of Regional Planning "Pro+'ida a s%. susluinnhlr, Jntegratrd uad e111Nent trompartatlon tvstetn to enhance CaWanda's emnow and Ihnhi!$v"' Mr, Daniel Wall December 15, 2017 Page 3 City of Vernon Agreement Number 74AO996 Attachment I Page 11 of 15 c, helix Velasco, Associate Engineer, City of Vernon Linda Taira, Senior Transportation Planner, Caltrans, District 7 Charles Lau, Associate Transportation Planner, Caltrans, District 7 Alison Nealon, Transportation Planner, Caltrans, Headquarters "ProWe a.wje, sastabiable, Integared and efficleal transpOlaflan system to enhance Caltjornla k economy and llvablM y" City of Vernon Agreement Number 74AO996 Attachment I Page 12 of 15 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A RESTRICTED GRANT AGREEMENT WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION, TO ACCEPT AN FY 2017-18 CALTRANS SUSTAINABLE TRANSPORTATION PLANNING GRANT FOR THE PREPARATION OF THE VERNON LA RIVER PATH ACTIVE TRANSPORTATION ACCESS PLAN (LA RIVER ATAP) WHEREAS, on December 15, 2017, the City of Vernon (the "City") was awarded a Sustainable Transportation Planning Grant (the "Grant") from the state of California, acting through the California Department of Transportation ("Caltrans"), for the purpose of preparing the Vernon LA River Path Active Transportation Access Plan ("LA RIVER ATAP"); and WHEREAS, the Grant will provide the funding needed to study the east -west connections through the City to potentially establish a cross-town active transportation network that will connect to the river path to transit stops and employment centers in Vernon; and WHEREAS, acceptance of the Grant is conditioned on, among other things, the City's allocation of $37,200 of local matching funds; and WHEREAS, the City intends to reflect the allocation of such matching funds in its FY 2018-19 budget and will consider that allocation at the appropriate time; and WHEREAS, by memo dated March 6, 2018, the Director of Public Works has recommended that the City Council of the City of Vernon accept the Grant for the preparation of. the LA RIVER ATAP and authorize the City Administrator to enter into a Restricted Grant Agreement with Caltrans for the Grant amount of $$210,800.00; and City of Vernon Agreement Number 74AO996 Attachment I Page 13 of 15 WHEREAS, the City Council desires to approve and authorize the execution of the Agreement in order to receive Grant funding in the amount of $210,800.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby -- a finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is categorically exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15306, because grant funds would be used solely for data collection, research, and preparation of a study / plan, which will not result in a serious or major disturbance to any environmental resource and which will not commit the City to any project. SECTION 3: The City Council of the.City of Vernon hereby authorizes the City Administrator to execute a Restricted Grant Agreement with Caltrans, which agreement shall be provided to the City upon passage of this Resolution. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator to execute said agreement for, and on behalf of, the City of Vernon and the City Clerk, is hereby authorized to attest thereto, without further City Council approval, SECTION 5: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 6: The City Council of the City of Vernon hereby - 2 - City of Vernon Agreement Number 74AO996 Attachment I Page 14 of 15 directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to Caltrans. SECTION 7: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of March, 2018. ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney - 3 - Name: Title: Mayor ( Mayor Pro-Tem City of Vernon Agreement Number 74AO996 Attachment I Page 15 of 15 STATE OF CALIFORNIA } ) ss COUNTY OF LOS ANGELES } I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, March 6, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of March, 2018, at Vernon, California. ( SEAL) 4 Maria E. Ayala, City Clerk City of Vernon Agreement Number 74AO996 Attachment II 1 of 9 Scope of Work Checklist The Scope of Work Is the official description of the work that is to be completed during the contract. The Scope of Work must be consistent with the Project Timeline. Applications with missing components will be at a competitive disadvantage. Please use this checklist to make sure your Scope of Work is complete. The Scope of Work must: ❑ Use the Fiscal Year 2017-18 template provided and In Microsoft Word format • List all tasks and sub -tasks using the same title as stated in the project timeline ❑ Include task and sub -task numbers in accurate and proper sequencing; consistent with the project timeline ❑ List the responsible party for each task and subtask and ensure that it is consistent with the project timeline (i.e. applicant, sub -applicant, or consultant) ❑ Include a thorough Introduction to describe the project and project area demographics, including a description of the disadvantaged community involved with the project, if applicable ❑ Include a thorough and accurate narrative description of each task and sub -task ❑ Include a task for a kick-off meeting with Caltrans at the start of the grant ❑ include a task for procurement of consultants, if consultants are needed ❑ Include a task for Invoicing ❑ Include a task for quarterly reporting to Caltrans ❑ Include detailed public participation and services to diverse communities • Include project implementation/next steps ❑ List the project deliverable for each task in a table following each task and ensure that it is consistent with the project timeiine ❑ EXCLUDE environmental, complex design, engineering work, and other ineligible activities City of Vernon Agreement Number 74AO996 Attachment II FARM SCOPE OF WORK: Vernon LA River Active Transportation Access Plan INTRODUCTION: The Los Angeles Metro has Identified $365 million for design and construction of the Los Angeles River Path. This funding will cover the costs of constructing the trail along the river corridor, however, the funding does not cover the critical connections to/from local destinations. The Vernon Los Angeles River Path Active Transportation Access Plan (the Plan) will address critical connection needs between local destinations within the City of Vernon (the City) and the Los Angeles River Path. Specifically, the Plan will assess the feasibility of three bikeway corridors within the City of Vernon (37th Street between Violet and Soto, Vernon Avenue between Santa Fe and Downey, and Leonis Street between Pacific and Atlantic) and five gateways leading to the Los Angeles River Bikeway (26°' at the LA River, Soto and Bandini, Downey and Vernon. and Atlantic and District) See attached map for locations. The city intends to gather public input through interactive community workshops which will be the driving factor of the planning process. RESPONSIBLE PARTIES: The City Vernon, with the assistance of a consulting firm, will perform this work. The City has not yet selected a consulting firm and the proper procurement procedures will be used through a competitive RFP process. City staff anticipates these figures will not differ substantially and will not exceed the grant request amount. The Plan will _address planning and conceptual -design only. It is the City of Vernon's intent that once this plan is complete, it will lead to implementation and de`veloprnent. The scope of work shown below reflects the anticipated process and deliverables for the Vernon Los Angeles River Path Active Transportation Access Flan. While tasks are presented in a linear progression, work on some tasks will happen concurrently with others. OVERALL PROJECT OBJECTIVES: Increase non -motorized connectivity within the City of Vernon and to the LA River Path • Facilitate the movement of people without negatively impacting the movement of freight through the City • Create safe transportation corridors to access work, schools and shopping • Reduce greenhouse gas emissions and reduce vehicle miles traveled Encourage physical activity by increasing the use of active transportation City of Vernon Agreement Number 74AO996 Attachment II Fins WJ 1. Project Initiation & Coordination Task 1.1 Project Kick -Off Meeting wl Caltrans At the outset of the project, the City will hold a kick-off meeting with Caltrans staff to discuss grant procedures and project expectations including invoicing, quarterly reporting, and all other relevant project information. Meeting summary will be documented. • Responsible Party: City of Vernon Task 1.2 RFP for Consultant Services The City will complete an RFP process for the selection of a consultant using the proper procurement procedures. • Responsible Party: City of Vernon Task 1.3 Project Coordination Coordination will include monthly face-to-face project team meetings with consultants to ensure good communication on upcoming tasks and to confirm the project deliverables are on schedule and within budget, In addition, there will be regular (e.g. bi-weekly) check -in calls with the City of Vernon and consultants, as well as periodic progress reports to ensure coordination between all parties involved to help deliver a plan that will meet or exceeds expectations. Caltrans staff will be invited to all team meetings and project check -in calls. • Responsible Party: City of Vernon Task 1.4 Project Kick -Off Meeting wl Project Team Once the consultant team has been procured, the City & consultants will hold a kick-off meeting to discuss project management, goals & objectives, and all other relevant project Information. Meeting summary will be documented. • Responsible Party: Consultant Task Deliverable 1.1 Project Kick -Off Meeting wl Caltrans 1.2, RFP for Consultant Services 1.3 Project Coordination ^ T 1 9 Project Kick -Off Meeting w/ Project ream 2. Outreach & Engagement Task 2.1 Community -Based Action Plan The development of a Community Based Meeting Action Plan will include a detailed outreach plan to the community and advisory groups. • Responsible Party: City of Vernon City of Vernon Agreement Number 74AO996 Attachment 11 Pape 4 of 9 Task 2.2 Advisory Committee Meetings The consulting team will facilitate and attend up to four advisory group meetings. These meetings will coincide with the weeks prior to major outreach events and plan drafts. The advisory group will be formed by the City of Vernon and composed of community, business, and government stakeholders. The consultant will facilitate discussion to develop list of key stakeholders, problem or challenge areas to study, and strategies for engaging residents, in particular underrepresented residents. Responsible Party: Consultant Task 2.3 Publicity In order to reach a broad audience, flyers, posters, and digital marketing materials will be coordinated in advance of all outreach events, surveys, and release of draft plans with information on the project/events. All outreach materials will be produced in both Spanish and English. • Responsible Party: Consultant Task 2.4 "Pop -Up" Events People live increasingly busy lives, and fewer people today have the opportunity to attend conventional public meetings. To make it easier for people to learn about and provide input, the consulting team will bring the project to the Vernon community. The consulting team will facilitate two (2) mobile workshops that will present key information on the planning effort and allow participants to share information and feedback. These events will be strategically located to engage the large daytime working population in Vernon, and may include a booth near major employers or food trucks. • Responsible Party: Consultant Task 2.5 Community Survey A simple survey will be developed by the consulting team. It will be available online through the city website, distributed with help of the Advisory Group members, and hardcopies will be available at "Pop -Up" events. The survey will solicit input on desired location and type of active transportation improvements along the project corridors and at LA River Path Gateways. The online survey will allow users to place pins to identify current barriers and recommendations for suggested improvements. • Responsible Party: Consultant Task 2.6 Community Feedback Summary The consulting team will periodically summarize and document findings from the outreach events and survey. The findings will be presented at advisory committee meetings and will be incorporated into the final plan. Responsible Party: Consultant City of Vernon Agreement Number 74AO996 Attachment II 5ot9 Task Deliverable 2.1 Community -Based Action Plan 2.2 Advisory Committee Meetings 2,3 Publicity 2.4 "Pop Up" Events 2.5 Community Survey 2.6 Community Feedback Summary 3. Inventory & Analysis Task 3.1 Review Relevant Plans and Studies The consulting team will collect and review available information for the project area, Including the Vernon General Plan, Vernon Bicycle Master Plan, LA County Bicycle Master Plan, LA River Path Feasibility Studies, infrastructure master plans, and other relevant studies and policies. • Responsible Party: Consultant Task 3.2 Field Visit The consulting team will conduct a one -day visit to coincide with the first advisory group meeting to meet with the project partners and selected stakeholders, and tour and photograph some of the neighborhoods to assess existing conditions. Responsible Party: Consultant Task 3.3 Traffic & Bike/Pod Counts The consulting team will collect traffic and bike/ped counts over a multi -day period. This data will be collected along key corridors, near LA River Path access points, and at key intersections within the project area. This data will be used to complement existing data collected (3A Existing Conditions). • Responsible Party: Consultant 'Task 3.4 Existing Conditions The consulting team will collect extensive existing conditions data including existing/planned land uses, census/population characteristics, existing/planned bike/pedestrian facilities, travel projections, traffic volume, collisions, employment, property ownership, utilities, aerial imagery, and topography. Key data within the project areas will be mapped for outreach events, advisory committee meetings, and for inclusion in the final plan. • Responsible Party: Consultant Task 3.5 opportunities and Constraints Following field visits (3.2), traffic & bike/ped Counts (3.3), and collection of existing conditions (3.4), the consulting team will identify opportunities and constraints for major corridors and gateways. Consideration will be given to bicycle and pedestrian routes, intersection conditions, the existing and future land use, traffic volumes, ownership, City of Vernon Agreement plumber 74AO996 Attachment 11 topography, public right-of-way availability, and physical barriers; bicycle, pedestrian, transit, and vehicular functionallspatial requirements for lane striping, sidewalk improvements, ADA accessibility, transit stops, landscaping, and other conditions for access or enhancement. Findings will be mapped for outreach events, advisory committee meetings, and for inclusion in the final plan. Responsible Party: Consultant Task 3.6 Develop Evaluation Criteria The consulting team will develop evaluation criteria for the project in close coordination with the City of Vernon, advisory committee, and outreach events. The criteria will be based on community priorities and site -specific conditions and will be utilized during the evaluation of concepts (4.3) • Responsible Party: Consultant Task Deliverable 3.1 Review Relevant Plans and Studies 3.2 Field Visit 3.3 Traffic & Bike Ped Counts 3.4 Existing Conditions r36 Opportunities &Constraints __.�. Develop Evaluation Criteria 4. Alternatives Task 4.1 Develop Corridor & Gateway Concepts Preliminary Corridor & Gateway Concepts will be developed based on the existing conditions report and input from advisory committee meetings and outreach events. They will include alternative infrastructure alignments for each of the corridors and gateways, standard sections, maps, and supporting graphics. The concepts will be circulated to selected stakeholders including City of Vernon, Caltrans staff, and the advisory group for comment. • Responsible Party: Consultant Task 4.2 Evaluation of Concepts The corridor and gateway concepts (4.1) will be analyzed based on evaluation criteria (3.6). Proposed alternatives will be ranked side -by -side to evaluate how well each concert responds to community needs and goals. • Responsible Party: Consultant Task 4.3 Develop Preferred Corridor & Gateway Concepts Concepts (4.1) will be synthesized into primary concepts for all corridors and gateways based on community feedback, advisory committee feedback, and evaluation of City of Vernon Agreement Number 74AO996 Attachment II or U concepts. Final sections, maps, and supporting graphics will be developed and shared with the public online and at outreach events for review. Responsible party: Consultant Task 4.4 Implementation Strategy Provide an implementation strategy including phasing and funding that coordinates with the implementation of the LA River Path in Vernon. Identify sources for funding, including the funding for land acquisition, final design, and construction. Provide list of funding sources to the consultant for inclusion in the draft plan. • Responsible Party: City of Vernon Task Deliverable 4.1 Develop Corridor & Gateway Concepts 4.3 Evaluation of Concepts 4.2 Develop Preferred Corridor & Gateway Concepts 4.4 -- Implementation Strategy 5. Active Transportation Access Plan Task 6.1 Administrative Draft Plan Based on preferred design alternatives (4.3) advanced through advisory committee meetings and outreach, an administrative draft plan featuring an overall layout of work to - date will be prepared and presented for comment and feedback from the City, Caltrans, and relevant councils and commissions. • Responsible Party: Consultant . Task 5.2 Draft Plan Based on comments to and expanding upon the administrative draft plan, the draft plan will include existing plan reviews, inventory & analysis, concept alternatives, preferred concepts, and implementation strategies. The plan will be presented for final comment and feedback from the City of Vernon, Caltrans, relevant councils and commissions, and the community both online and at the final outreach event. Responsible Party: Consultant Task 5.3 Final Plan Based on comments to the Draft Plan, a Final Plan will be developed and made publicly available. • Responsible Parry: Consultant City of Vernon Agreement Number 74AO996 Attachment It Task 6.4 Plan Adoption Final Plan will be presented at the City Council meeting for adoption. The City of Vernon and consulting team will address any critical issues that arise. • Responsible Party: City of Vernon Task Deliverable 5.1 Administrative Draft Plan 5.2 Draft Plan 5.3 Final Plan 6.4 Plan Adoption 6. Fiscal Management Task 6.1 Invoicing The City of Vernon will submit complete invoice packages to Caltrans district staff based on milestone completion at least quarterly, but no more frequently than monthly 6 Responsible Party: City of Vernon Task 6.2 Quarterly Reports 'The City of Vernon will submit quarterly report to Caltrans district staff providing a summary of project progress and grant/local match expenditures. • Responsible Party: City of Vernon Task Deliverable 6.1 Invoicing _ 6.2 Quarterly Reports _ _ _ co E Q) 0 L I IIIIIIIIIIIIIIIIIIIIII Mi NmEoOMoU"B N o M maWMmO1ioMamuEMs 0 ■iiiii ■WEEMEN mNN000as mwm. mm'.Ia McM0Sao ■mom M a moos 0:0mommommonEMMONS MHW oHoaIM :aw mMUl MOOM aMMmscs mcim i ■EEm ommom M MEMO MOEnMEns a MMaIw a= ON smomam am on 0 no MKEOW MOON LEN ■Oo N3 W D :U N w MOUE login 111 mom 0100 Boom MEMNON Emmons WOMEN MEMO an on MMNON MEMO am W MEMNON MEMNON IG NEEME:i mom ME znc O MENSWE MEMO moms on REMM MEMNON NE OMwNaa EEe aM o IONSaN ma aE:sMEMO= OM I Eo a NRIME ON a mooM mom amons WR Ma ammaMMH MEMNON mammon MEMO MEMO NONE Bass ME a EMIS mammas 0111mmmimisiomENONE mms 000 csN mass mi IMEMI MENUN IIII mom NoU111 am 1 a EMEMEN SOON ME E ON V:MEMEi■ mom a.0 MEillIN MESSES a 111REEO mammon 1 smm ME mooM SEEM MEMNON a NoENE MEOSEESNo a MNSmomME NONE MEN =ffj:li:alloON0 g SEEMS ME M: MEMEIIII a a 0 ON ON 00 now WE 0 NONE a IN:: IN 099 i I oil oil HN City of Vernon Agreement Number 74A0996 Attachment I Page 7 of 16 STAFF REPORT RE TIED FEB 2 8 2018 CITY CLERK'S ONE STAFF REPORT City of Vernon Agreement Number 74AO996 Attachment I Page 8 of 16 FEB 2 7 2018 (J111 AIYAioiSSTRATION PUBLIC WORKS DEPARTMENT /07"# DATE: March 6, 2018 TO: Honorable Mayor and City Council FROM: Daniel S. Wall, Director of Public Works Departure t ` �J Originator: Felix Velasco, Associate Engineer RE: A Resolution Accepting the FY 2017-18 Caltrans Sustainable Transportation Planning Grant Recommendations A. Find that the acceptance of the Caltrans Sustainable Transportation Planning Grant is categorically exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15306, because grant funds would be used solely for data collection, research, and preparation of a study / plan, which will not result in a serious or major disturbance to any environmental resource and which will not commit the City to any project; and B. Adopt a resolution accepting the Caltrans Sustainable Transportation Planning Grant for the preparation of the Vernon LA River Path Active Transportation Access Plan (LA RIVER ATAP) and authorizing the City Administrator to enter into a Restricted Grant Agreement with Caltrans for the grant amount of $210,800. Background On December 15, 2017, the City was awarded a grant of State funds from the California Department of Transportation ("Caltrans") Sustainable Transportation Planning Grant Program. With Funding in place at the state level to design and construct a new 8-mile gap closure of the LA River, including a 3-mile segment of the LA River Path through Vernon, this grant will provide the funding needed to study the east -west connections through the City of Vernon to establish a cross-town active transportation network that will connect to the river path to transit stops and employment centers in Vernon. It is anticipated that creating convenient and safe options for active transportation will help Vernon residents, commuters, and those in nearby communities incorporate more physical activity into their daily routines. Page 1 of 2 City of Vernon Agreement Number 74AO996 Attachment I Page 9 of 16 As a condition of grant acceptance, the City is required to provide Caltrans a resolution stating the grant project title and title of the person authorized to enter into a contract with Caltrans. The contracting process will commence upon adoption of the proposed resolution. Fiscal Impact The City of Vernon was awarded a grant for the amount of $210,800 in State funding from the Caltrans Sustainable Transportation Planning Grant Program to prepare the Vernon LA River Path Active Transportation Access Plan (LA River ATAP). The City was required to allocate $37,200 of local funds to meet the matching requirement. The matching funds will be budgeted for in the FY 2018-19. Attachments A Resolution accepting funds from the Caltrans Sustainable Transportation Planning Grant Program. Caltrans Sustainable Transportation Planning Grant award letter. Page 2 of 2 DEPARTMENT OF TRANSPORTATION DIVISION OF TRANSPORTATION PLANNING P.O. BOX 942873, MS-32 SACRAMENTO, CA 94273-0001 PHONE (916) 654-2596 FAX (916) 653-Ml TTY 711 www.dot.ca.gov December 15, 2017 Mr. Daniel Wall Director of Public Works City of Vernon 4305 S. Santa Fe Avenue Vernon, CA 90058 Dear Mr. Wall: City of Vernon Agreement Number 74AO996 Attachment I Page 10 of 16 0 Making CoWerY4&n a Californta Way of Ljfe. On behalf of the California Department of Transportation (Caltrans), Division of Transportation Planning, I am pleased to offer my congratulations to the City of Vernon for the recent award of the following State transportation planning grant for fiscal year (FY) 2017-18: Grant Program: Road Maintenance & Rehabilitation Account — Sustainable Communities Grant Title: Vernon LA River Path Active Transportation Access Plan Grant Award: $210,800 Local Match: $37,200 Total Project Amount: $248,000 Please see the list below which identifies specific conditions for a grantee to accept grant funding, to program funds, and to begin work. Conditions one through five must be fulfilled no later than January 12, 2018 by submitting these items to Caltrans District staff for approval. Failure to fulfill these conditions will result in forfeiture of funds. Also note, final products must be completed and submitted to Caltrans. no later than February 28, 2020, Final requests for reimbursements must be submitted to Caltrans no later than April 28, 2020. Conditions of Grant Acceptance These State grant funds cannot be expended or reimbursed until the following conditions are satisfied: 1. Submit past due Annual Progress Report(s) required by Government Code Section 65400 to the Department of Housing and Community Development. 2. The revised final Scope of Work, Project Timeline with the earliest start date of May 1 2018, and Grant Application Cover Sheet are submitted to Caltrans District 7 for approval. "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" City of Vernon Agreement Number 74A0996 Attachment I Page 11 of 16 Mr. Daniel Wall December 15, 2017 Page 2 3. A Payee Data Record (STD. 204) is completed and submitted. Although the form indicates that government entities are not required to submit this form, it is needed to ensure payments are sent to the correct recipient. 4. If applicable, a Third Party In -kind Valuation Plan is submitted for the use of in -kind contributions to satisfy the minimum local match requirement. Third party in -kind contributions are goods and services donated from outside the grantee's agency, such as donated printing, facilities, interpreters, equipment, advertising, time and effort, staff time, and other goods and services. 5. If applicable, indirect costs must have been identified in the approved grant Scope of Work and project timeline. 6. A local resolution from the City of Vernon governing board stating the grant project title and title of the person authorized to enter into a contract with Caltrans must be provided no later than February 22, 2018. 7. The City of Vernon receives a fully executed contract and has been formally notified by Caltrans District staff to begin work. The contracting process can begin once the first six conditions have been satisfied. For your ,convenience, a toolbox to aid you during this process is available on our website below: httv://www.dot.ca.gov/hq/pp/offices/orip/Grants/grants.html. A Quarterly Progress Report with a brief narrative of completed project activities will need to be submitted to the district grant manager once the project is under way. Request for reimbursement with the required minimum local match can be submitted monthly, but must be submitted quarterly. Please contact Charles Lau, in Caltrans District 7, at (213) 897-0197, or Alison Nealon, Headquarters Liaison, at (916) 651-8202 if you have any questions concerning these grant funds or program requirements. Sincerel j i" ER THOMPSON Chief, Office of Regional Planning "Provide a safe. sustainable. integrated and efficient transportation virem to enhance California's economv and lhsrbility" Mr. Daniel Wall December 15, 2017 Page 3 City of Vernon Agreement Number 74AO996 Attachment I Page 12 of 16 c: Felix Velasco, Associate Engineer, City of Vernon Linda Taira, Senior Transportation Planner, Caltrans, District 7 Charles Lau, Associate Transportation Planner, Caltrans, District 7 Alison Nealon, Transportation Planner, Caltrans, Headquarters "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" City of Vernon Agreement Number 74AO996 Attachment I Page 13 of 16 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A RESTRICTED GRANT AGREEMENT WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION, TO ACCEPT AN FY 2017-18 CALTRANS SUSTAINABLE TRANSPORTATION PLANNING GRANT FOR THE PREPARATION OF THE VERNON LA RIVER PATH ACTIVE TRANSPORTATION ACCESS PLAN (LA RIVER ATAP) WHEREAS, on December 15, 2017, the City of Vernon (the "City") was awarded a Sustainable Transportation Planning Grant (the "Grant") from the State of California, acting through the California Department of Transportation ("Caltrans"), for the purpose of preparing the Vernon LA River Path Active Transportation Access Plan ("LA RIVER ATAP"); and WHEREAS, the Grant will provide the funding needed to study the east -west connections through the City to potentially establish a cross-town active transportation network that will connect to the river path to transit stops and employment centers in Vernon; and WHEREAS, acceptance of the Grant is conditioned on, among other things, the City's allocation of $37,200 of local matching funds; and WHEREAS, the City intends to reflect the allocation of such matching funds in its FY 2018-19 budget and will consider that allocation at the appropriate time; and WHEREAS, by memo dated March 6, 2018, the Director of Public Works has recommended that the City Council of the City of Vernon accept the Grant for the preparation of the LA RIVER ATAP and authorize the City Administrator to enter into a Restricted Grant Agreement with Caltrans for the Grant amount of $210,800.00; and City of Vernon Agreement Number 74AO996 Attachment I Page 14 of 16 WHEREAS, the City Council desires to approve and authorize the execution of the Agreement in order to receive Grant funding in the amount of $210,800.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. t SECTION 2: The City Council of the City of Vernon finds that this action is categorically exempt under the California I Environmental Quality Act (CEQA), in accordance with Section 15306, because grant funds would be used solely for data collection, research, and preparation of a study / plan, which will not result in a serious or major disturbance to any environmental resource and which will not commit the City to any project. SECTION 3: The City Council of the City of Vernon hereby authorizes the City Administrator to execute a Restricted Grant Agreement with Caltrans, which agreement shall be provided to the City upon passage of this Resolution. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator to execute said agreement for, and on behalf of, the City of Vernon and the City Clerk, is hereby authorized to attest thereto, without further City Council approval. SECTION 5: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 6: The City Council of the City of Vernon hereby - 2 - City of Vernon Agreement Number 74AO996 Attachment I Page 15 of 16 directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to Caltrans. SECTION 7: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of March, 2018. ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney - 3 - Name: Title: Mayor / Mayor Pro-Tem City of Vernon Agreement Number 74AO996 Attachment I Page 16 of 16 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, March 6, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of March, 2018, at Vernon, California. (SEAL) - 4 - Maria E. Ayala, City Clerk City of Vernon Agreement Number 74AO996 Attachment II I oT y Scope of Work Checklist The Scope of Work is the official description of the work that is to be completed during the contract. The Scope of Work must be consistent with the Project Timeline. Applications with missing components will be at a competitive disadvantage. Please use this checklist to make sure your Scope of Work is complete. The Scope of Work must: ❑ Use the Fiscal Year 2017-18 template provided and in Microsoft Word format ❑ List all tasks and sub -tasks using the same title as stated in the project timeline ❑ Include task and sub -task numbers in accurate and proper sequencing; consistent with the project timeline ❑ List the responsible party for each task and subtask and ensure that it is consistent with the project timeline (i.e. applicant, sub -applicant, or consultant) ❑ Include a thorough Introduction to describe the project and project area demographics, including a description of the disadvantaged community involved with the project, if applicable ❑ Include a thorough and accurate narrative description of each task and sub -task ❑ Include a task for a kick-off meeting with Caltrans at the start of the grant ❑ Include a task for procurement of consultants, if consultants are needed ❑ Include a task for invoicing ❑ Include a task for quarterly reporting to Caltrans ❑ Include detailed public participation and services to diverse communities ❑ Include project implementation/next steps ❑ List the project deliverable for each task in a table following each task and ensure that it is consistent with the project timeline ❑ EXCLUDE environmental, complex design, engineering work, and other ineligible activities City of Vernon Agreement Number 74A0996 Attachment II 2ofU SCOPE OF WORK: Vernon LA River Active Transportation Access Plan INTRODUCTION: The Los Angeles Metro has identified $365 million for design and construction of the Los Angeles River Path. This funding will cover the costs of constructing the trail along the river corridor, however, the funding does not cover the critical connections to/from local destinations. The Vernon Los Angeles River Path Active Transportation Access Plan (the Plan) will address critical connection needs between local destinations within the City of Vernon (the City) and the Los Angeles River Path. Specifically, the Plan will assess the feasibility of three bikeway corridors within the City of Vernon (37th Street between Violet and Soto, Vernon Avenue between Santa Fe and Downey, and Leonis Street between Pacific and Atlantic) and five gateways leading to the Los Angeles River Bikeway (261h at the LA River, Soto and Bandini, Downey and Vernon, and Atlantic and District) See attached map for locations. The city intends to gather public input through interactive community workshops which will be the driving factor of the planning process. RESPONSIBLE PARTIES: The City Vernon, with the assistance of a consulting firm, will perform this work. The City has not yet selected a consulting firm and the proper procurement procedures will be used through a competitive RFP process. City staff anticipates these figures will not differ substantially and will not exceed the grant request amount. The Plan will address planning and conceptual design only. It is the City of Vernon's intent that once this plan is complete, it will lead to implementation and development. The scope of work shown below reflects the anticipated process and deliverables for the Vernon Los Angeles River Path Active Transportation Access Plan. While tasks are presented in a linear progression, work on some tasks will happen concurrently with others. OVERALL PROJECT OBJECTIVES: • Increase non -motorized connectivity within the City of Vernon and to the LA River Path • Facilitate the movement of people without negatively impacting the movement of freight through the City • Create safe transportation corridors to access work, schools and shopping • Reduce greenhouse gas emissions and reduce vehicle miles traveled • Encourage physical activity by increasing the use of active transportation City of Vernon Agreement Number 74AO996 Attachment II JUIZ) 1. Project Initiation & Coordination Task 1.1 Project Kick -Off Meeting w/ Caltrans At the outset of the project, the City will hold a kick-off meeting with Caltrans staff to discuss grant procedures and project expectations including invoicing, quarterly reporting, and all other relevant project information. Meeting summary will be documented. • Responsible Party: City of Vernon Task 1.2 RFP for Consultant Services The City will complete an RFP process for the selection of a consultant using the proper procurement procedures. • Responsible Party: City of Vernon Task 1.3 Project Coordination Coordination will include monthly face-to-face project team meetings with consultants to ensure good communication on upcoming tasks and to confirm the project deliverables are on schedule and within budget. In addition, there will be regular (e.g. bi-weekly) check -in calls with the City of Vernon and consultants, as well as periodic progress reports to ensure coordination between all parties involved to help deliver a plan that will meet or exceeds expectations. Caltrans staff will be invited to all team meetings and project check -in calls. • Responsible Party: City of Vernon Task 1.4 Project Kick -Off Meeting w/ Project Team Once the consultant team has been procured, the City & consultants will hold a kick-off meeting to discuss project management, goals & objectives, and all other relevant project information. Meeting summary will be documented. • Responsible Party: Consultant Task Deliverable 1.1 Project Kick -Off Meeting w/ Caltrans 1.2 RFP for Consultant Services 1.3 Project Coordination 1.4 Project Kick -Off Meeting w/ Project Team 2. Outreach & Engagement Task 2.1 Community -Based Action Plan The development of a Community Based Meeting Action Plan will include a detailed outreach plan to the community and advisory groups. 0 Responsible Party: City of Vernon City of Vernon Agreement Number 74AO996 Attachment II 1+ U I Z) Task 2.2 Advisory Committee Meetings The consulting team will facilitate and attend up to four advisory group meetings. These meetings will coincide with the weeks prior to major outreach events and plan drafts. The advisory group will be formed by the City of Vernon and composed of community, business, and government stakeholders. The consultant will facilitate discussion to develop list of key stakeholders, problem or challenge areas to study, and strategies for engaging residents, in particular underrepresented residents. • Responsible Party: Consultant Task 2.3 Publicity In order to reach a broad audience, flyers, posters, and digital marketing materials will be coordinated in advance of all outreach events, surveys, and release of draft plans with information on the project/events. All outreach materials will be produced in both Spanish and English. • Responsible Party: Consultant Task 2.4 "Pop -Up" Events People live increasingly busy lives, and fewer people today have the opportunity to attend conventional public meetings. To make it easier for people to learn about and provide input, the consulting team will bring the project to the Vernon community. The consulting team will facilitate two (2) mobile workshops that will present key information on the planning effort and allow participants to share information and feedback. These events will be strategically located to engage the large daytime working population in Vernon, and may include a booth near major employers or food trucks. • Responsible Party: Consultant Task 2.5 Community Survey A simple survey will be developed by the consulting team. It will be available online through the city website, distributed with help of the Advisory Group members, and hardcopies will be available at "Pop -Up" events. The survey will solicit input on desired location and type of active transportation improvements along the project corridors and at LA River Path Gateways. The online survey will allow users to place pins to identify current barriers and recommendations for suggested improvements. • Responsible Party: Consultant Task 2.6 Community Feedback Summary The consulting team will periodically summarize and document findings from the outreach events and survey. The findings will be presented at advisory committee meetings and will be incorporated into the final plan. 0 Responsible Party: Consultant City of Vernon Agreement Number 74A0996 Attachment II Task Deliverable 2.1 Community -Based Action Plan 2.2 Advisory Committee Meetings 2.3 Publicity 2.4 "Pop Up" Events 2.5 Community Survey 2.6 Community Feedback Summary 3. Inventory & Analysis Task 3.1 Review Relevant Plans and Studies The consulting team will collect and review available information for the project area, including the Vernon General Plan, Vernon Bicycle Master Plan, LA County Bicycle Master Plan, LA River Path Feasibility Studies, infrastructure master plans, and other relevant studies and policies. • Responsible Party: Consultant Task 3.2 Field Visit The consulting team will conduct a one -day visit to coincide with the first advisory group meeting to meet with the project partners and selected stakeholders, and tour and photograph some of the neighborhoods to assess existing conditions. • Responsible Party: Consultant Task 3.3 Traffic & Bike/Ped Counts The consulting team will collect traffic and bike/ped counts over a multi -day period. This data will be collected along key corridors, near LA River Path access points, and at key intersections within the project area. This data will be used to complement existing data collected (3.4 Existing Conditions). • Responsible Party: Consultant Task 3.4 Existing Conditions The consulting team will collect extensive existing conditions data including existing/planned land uses, census/population characteristics, existing/planned bike/pedestrian facilities, travel projections, traffic volume, collisions, employment, property ownership, utilities, aerial imagery, and topography. Key data within the project areas will be mapped for outreach events, advisory committee meetings, and for inclusion in the final plan. • Responsible Party: Consultant Task 3.5 Opportunities and Constraints Following field visits (3.2), traffic & bike/ped Counts (3.3), and collection of existing conditions (3.4), the consulting team will identify opportunities and constraints for major corridors and gateways. Consideration will be given to bicycle and pedestrian routes, intersection conditions, the existing and future land use, traffic volumes, ownership, City of Vernon Agreement Number 74A0996 Attachment II ray= v Ui Z7 topography, public right-of-way availability, and physical barriers; bicycle, pedestrian, transit, and vehicular functional/spatial requirements for lane striping, sidewalk improvements, ADA accessibility, transit stops, landscaping, and other conditions for access or enhancement. Findings will be mapped for outreach events, advisory committee meetings, and for inclusion in the final plan. • Responsible Party: Consultant Task 3.6 Develop Evaluation Criteria The consulting team will develop evaluation criteria for the project in close coordination with the City of Vernon, advisory committee, and outreach events. The criteria will be based on community priorities and site -specific conditions and will be utilized during the evaluation of concepts (4.3) • Responsible Party: Consultant Task Deliverable 34 Review Relevant Plans and Studies 3.2 Field Visit 3.3 Traffic & Bike Ped Counts 3.4 Existing Conditions 3.5 Opportunities & Constraints 3.6 Develop Evaluation Criteria 4. Alternatives Task 4.1 Develop Corridor & Gateway Concepts Preliminary Corridor & Gateway Concepts will be developed based on the existing conditions report and input from advisory committee meetings and outreach events. They will include alternative infrastructure alignments for each of the corridors and gateways, standard sections, maps, and supporting graphics. The concepts will be circulated to selected stakeholders including City of Vernon, Caltrans staff, and the advisory group for comment. • Responsible Party: Consultant Task 4.2 Evaluation of Concepts The corridor and gateway concepts (4.1) will be analyzed based on evaluation criteria (3.6). Proposed alternatives will be ranked side -by -side to evaluate how well each concept responds to community needs and goals. • Responsible Party: Consultant Task 4.3 Develop Preferred Corridor & Gateway Concepts Concepts (4.1) will be synthesized into primary concepts for all corridors and gateways based on community feedback, advisory committee feedback, and evaluation of City of Vernon Agreement Number 74AO996 Attachment II j1r-k•«.J1W*t concepts. Final sections, maps, and supporting graphics will be developed and shared with the public online and at outreach events for review. • Responsible Party: Consultant Task 4.4 Implementation Strategy Provide an implementation strategy including phasing and funding that coordinates with the implementation of the LA River Path in Vernon. Identify sources for funding, including the funding for land acquisition, final design, and construction. Provide list of funding sources to the consultant for inclusion in the draft plan. • Responsible Party: City of Vernon Task Deliverable 4.1 Develop Corridor & Gateway Concepts 4.3 Evaluation of Concepts 4.2 Develop Preferred Corridor & Gateway Concepts 4.4 Implementation Strategy 5. Active Transportation Access Plan Task 5.1 Administrative Draft Plan Based on preferred design alternatives (4.3) advanced through advisory committee meetings and outreach, an administrative draft plan featuring an overall layout of work to - date will be prepared and presented for comment and feedback from the City, Caltrans, and relevant councils and commissions. • Responsible Party: Consultant Task 5.2 Draft Plan Based on comments to and expanding upon the administrative draft plan, the draft plan will include existing plan reviews, inventory & analysis, concept alternatives, preferred concepts, and implementation strategies. The plan will be presented for final comment and feedback from the City of Vernon, Caltrans, relevant councils and commissions, and the community both online and at the final outreach event. • Responsible Party: Consultant Task 5.3 Final Plan Based on comments to the Draft Plan, a Final Plan will be developed and made publicly available. 0 Responsible Party: Consultant City of Vernon Agreement Number 74AO996 Attachment II bory Task 5.4 Plan Adoption Final Plan will be presented at the City Council meeting for adoption. The City of Vernon and consulting team will address any critical issues that arise. • Responsible Party: City of Vernon Task Deliverable 5.1 Administrative Draft Plan 5.2 Draft Plan 5.3 Final Plan 5.4 Plan Adoption 6. Fiscal Management Task 6.1 Invoicing The City of Vernon will submit complete invoice packages to Caltrans district staff based on milestone completion at least quarterly, but no more frequently than monthly • Responsible Party: City of Vernon Task 6.2 Quarterly Reports The City of Vernon will submit quarterly report to Caltrans district staff providing a summary of project progress and grant/local match expenditures. • Responsible Party: City of Vernon Task Deliverable 6.1 Invoicing 6.2 Quarterly Reports E c 0 a m vi r o ` c 0 y > N � C a t0 v o c o, c c v H m n r o o. N E E E T c >. o t c E E c m o Y 2 U a O � N LL O� O � N } Z LL Q a c o C U a O o, LL ci o } Z LL O a+ cn C a A � w a C N LL m } U u O a iL (un) c a O C O o - 0 M O N- o M o 0 M to 0 0 0 0 W to 0 0 to E9 L A C V. O� O O o 0 W-- o o M O D. 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T °, JK U U U U U U G U U J G 0 a � c m y o U d a c E a a m ', Q y U E cm E v o s C7 y G m N o avi co ¢ v m To t a U rz • O O y c G N W m y E m c G d Q> m o a U al `o a o m a U y u a o� m ar m c N c o o •E a E u O E E G 3> a ar'i O LLO u E O 0 uoi a 0 d 0 v a N N o v C W v U O V D ti>> a a`c a` OU 9 J aaU N ciirw0 N QOU j N l0 wo(7E Q¢oii C IO s F N th R N N (7 O tD N N f7 O N t0 .- N t7 a In N 10 C7 LO 10 IN (D N (O H N N N N N N M t7 i0 Z N U 9 C O N a O y 3 c `o U O. E c y Y C L U C J N . y h N � C L U m a d « t E Md o E y a rn� � W y 'O U p nL N F A � N � y v d � a cLi m E T aui m c ° c°- o o. � O m O C d n� L e a w oL m n a � E m U O U O U U = o U y O U N > E N N � E O y y n U � A N o � m m '> � N N c y 3 ° E 10 O 0 N m � c Ea): N C 4) H d � O m cOi m = a N U C C Y N � w N NO L Y U a v w c E 'S u O N W a` z STAFF REPORT R E (,._ ..�.� �VE D FEB 2 8 2018 CITY CLERK'S OFFICE DATE: STAFF REPORT RECEIVED FEB 2 7 2018 (;I T Y A+')F''i441STRATION PUBLIC WORKS DEPARTMENT 2_27�� Eng March 6, 2018 TO: Honorable Mayor and City Council FROM: Daniel S. Wall, Director of Public Works Departmedt (�i Originator: Felix Velasco, Associate Engineer RE: A Resolution Accepting the FY 2017-18 Caltrans Sustainable Transportation Planning Grant Recommendations A. Find that the acceptance of the Caltrans Sustainable Transportation Planning Grant is categorically exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15306, because grant funds would be used solely for data collection, research, and preparation of a study / plan, which will not result in a serious or major disturbance to any environmental resource and which will not commit the City to any project; and B. Adopt a resolution accepting the Caltrans Sustainable Transportation Planning Grant for the preparation of the Vernon LA River Path Active Transportation Access Plan (LA RIVER ATAP) and authorizing the City Administrator to enter into a Restricted Grant Agreement with Caltrans for the grant amount of $210,800. Background On December 15, 2017, the City was awarded a grant of State funds from the California Department of Transportation ("Caltrans") Sustainable Transportation Planning Grant Program. With Funding in place at the state level to design and construct a new 8-mile gap closure of the LA River, including a 3-mile segment of the LA River Path through Vernon, this grant will provide the funding needed to study the east -west connections through the City of Vernon to establish a cross-town active transportation network that will connect to the river path to transit stops and employment centers in Vernon. It is anticipated that creating convenient and safe options for active transportation will help Vernon residents, commuters, and those in nearby communities incorporate more physical activity into their daily routines. Page 1 of 2 As a condition of grant acceptance, the City is required to provide Caltrans a resolution stating the grant project title and title of the person authorized to enter into a contract with Caltrans. The contracting process will commence upon adoption of the proposed resolution. Fiscal Impact The City of Vernon was awarded a grant for the amount of $210,800 in State funding from the Caltrans Sustainable Transportation Planning Grant Program to prepare the Vernon LA River Path Active Transportation Access Plan (LA River ATAP). The City was required to allocate $37,200 of local funds to meet the matching requirement. The matching funds will be budgeted for in the FY 2018-19. Attachments 1. A Resolution accepting funds from the Caltrans Sustainable Transportation Planning Grant Program. 2. Caltrans Sustainable Transportation Planning Grant award letter. Page 2 of 2 -STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G BROWN Jr.,Govemor DEPARTMENT OF TRANSPORTATION DIVISION OF TRANSPORTATION PLANNING P.O. BOX 942873, MS-32 SACRAMENTO, CA 94273-0001 PHONE (916) 654-2596 FAX (916) 653-0001 TTY 711 www.dot.ca,go,v December 15, 2017 Mr. Daniel Wall Director of Public Works City of Vernon 4305 S. Santa Fe Avenue Vernon, CA 90058 Dear Mr. Wall: A Making Conservation a California Way of Life. On behalf of the California Department of Transportation (Caltrans), Division of Transportation Planning, I am pleased to offer my congratulations to the City of Vernon for the recent award of the following State transportation planning grant for fiscal year (FY) 2017-18: Grant Program: Road Maintenance & Rehabilitation Account — Sustainable Communities Grant Title: Vernon LA River Path Active Transportation Access Plan Grant Award: $210,800 Local Match: $37,200 Total Project Amount: $248,000 Please see the list below which identifies specific conditions for a grantee to accept grant funding, to program funds, and to begin work. Conditions one through five must be fulfilled no later than January 12, 2018 by submitting these items to Caltrans District staff for approval. Failure to fulfill these conditions will result in forfeiture of funds. Also note, final products must be completed and submitted to Caltrans, no later than February 28, 2020. Final requests for reimbursements must be submitted to Caltrans no later than April 28, 2020. Conditions of Grant Acceptance These State grant funds cannot be expended or reimbursed until the following conditions are satisfied: 1. Submit past due Annual Progress Report(s) required by Government Code Section 65400 to the Department of Housing and Community Development. 2. The revised final Scope of Work, Project Timeline with the earliest start date of May 1 2018, and Grant Application Cover Sheet are submitted to Caltrans District 7 for approval. "Provide a safe, sustainable, integrated and efficient transportation system . to enhance California's economy and livability" Mr. Daniel Wall December 15, 2017 Page 2 3. A Payee Data Record (STD. 204) is completed and submitted. Although the form indicates that government entities are not required to submit this form, it is needed to ensure payments are sent to the correct recipient. 4. If applicable, a Third Party In -kind Valuation Plan is submitted for the use of in -kind contributions to satisfy the minimum local match requirement. Third party in -kind contributions are goods and services donated from outside the grantee's agency, such as donated printing, facilities, interpreters, equipment, advertising, time and effort, staff time, and other goods and services. 5. If applicable, indirect costs must have been identified in the approved grant Scope of Work and project timeline. 6. A local resolution from the City of Vernon governing board stating the grant project title and title of the person authorized to enter into a contract with Caltrans must be provided no later than February 22, 2018. 7. The City of Vernon receives a fully executed contract and has been formally notified by Caltrans District staff to begin work. The contracting process can begin once the first six conditions have been satisfied. For your convenience, a toolbox to aid you during this process is available on our website below: http://www.dot.ca.goov/hq/tpp/offices/orip/Grants/grants.html. A Quarterly Progress Report with a brief narrative of completed project activities will need to be submitted to the district grant manager once the project is under way. Request for reimbursement with the required minimum local match can be submitted monthly, but must be submitted quarterly. Please contact Charles Lau, in Caltrans District 7, at (213) 897-0197, or Alison Nealon, Headquarters Liaison, at (916) 651-8202 if you have any questions concerning these grant funds or program requirements. Sincerely! THOMPSON Chief, Office of Regional Planning "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's econon+v and livability" Mr. Daniel Wall December 15, 2017 Page 3 c: Felix Velasco, Associate Engineer, City of Vernon Linda Taira, Senior Transportation Planner, Caltrans, District 7 Charles Lau, Associate Transportation Planner, Caltrans, District 7 Alison Nealon, Transportation Planner, Caltrans, Headquarters "Provide a safe, sustainable, integrated and efficient transportation system to enhance Caltfornia's economy and livability" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A RESTRICTED GRANT AGREEMENT WITH THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION, TO ACCEPT AN FY 2017-18 CALTRANS SUSTAINABLE TRANSPORTATION PLANNING GRANT FOR THE PREPARATION OF THE VERNON LA RIVER PATH ACTIVE TRANSPORTATION ACCESS PLAN (LA RIVER ATAP) WHEREAS, on December 15, 2017, the City of Vernon (the "City") was awarded a Sustainable Transportation Planning Grant (the "Grant") from the State of California, acting through the California Department of Transportation ("Caltrans"), for the purpose of preparing the Vernon LA River Path Active Transportation Access Plan ("LA RIVER ATAP"); and WHEREAS, the Grant will provide the funding needed to study the east -west connections through the City to potentially establish a cross-town active transportation network that will connect to the river path to transit stops and employment centers in Vernon; and WHEREAS, acceptance of the Grant is conditioned on, among other things, the City's allocation of $37,200 of local matching funds; and WHEREAS, the City intends to reflect the allocation of such matching funds in its FY 2018-19 budget and will consider that allocation at the appropriate time; and WHEREAS, by memo dated March 6, 2018, the Director of Public Works has recommended that the City Council of the City of Vernon accept the Grant for the preparation of the LA RIVER ATAP and authorize the City Administrator to enter into a Restricted Grant Agreement with Caltrans for the Grant amount of $210,800.00; and WHEREAS, the City Council desires to approve and authorize the execution of the Agreement in order to receive Grant funding in the amount of $210,800.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is categorically exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15306, because grant funds would be used solely for data collection, research, and preparation of a study / plan, which will not result in a serious or major disturbance to any environmental resource and which will not commit the City to any project. SECTION 3: The City Council of the City of Vernon hereby authorizes the City Administrator to execute a Restricted Grant Agreement with Caltrans, which agreement shall be provided to the City upon passage of this Resolution. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator to execute said agreement for, and on behalf of, the City of Vernon and the City Clerk, is hereby authorized to attest thereto, without further City Council approval. SECTION 5: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 6: The City Council of the City of Vernon hereby - 2 - directs the City Clerk, or the City Clerk's designee, to send a fully executed Agreement to Caltrans. SECTION 7: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of March, 2018. ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney - 3 - Name: Title: Mayor / Mayor Pro-Tem STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, March 6, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of March, 2018, at Vernon, California. (SEAL) - 4 - Maria E. Ayala, City Clerk