( LHMP ) into the Safety Element to satisfy certain required disaster preparedness and planning measures. An LHMP serves to ensure a jurisdiction is adequately prepared to face different types of disasters or hazards, and to reduce the cost of repair and recovery in 2022 and was
adopted by City Council in April 2023. It is an annex to the Santa Barbara County MultiJurisdictional Hazard Mitigation Plan, and is available to view at https://carpinteriaca.gov/city-hall/community-development/planning/general-plancoastal-land-use-plan/ (Attachment B).
The Federal Disaster Mitigation Act of 2000 ( DMA ) requires local governments to develop and submit hazard mitigation plans. Doing so also qualifies the jurisdiction for Hazard Mitigation Grant Program ( HMGP ) funds, administrated by the Federal Emergency Management Agency ( FEMA ). Additional information on the DMA and its . In addition to HMGP funds, Assembly Bill ( AB ) 2140, passed in 2006, allows California counties and cities to be considered for additional State cost-share on eligible Public Assistance projects by adopting their current, FEMA-approved LHMPs directly into the Safety Element of their General Plan. Eligible Public Assistance projects may include actions such as debris removal in the immediate aftermath of a disaster, or permanent work such as road and bridge rehabilitation.
On July 20, 2019, the City's California Office of Emergency Services ( CalOES ) Hazard Mitigation Grants Program application for the LHMP update project was approved and the City was awarded $84,437 in federal funds. Once the grant was approved, the City expended staff and consultant resources to prepare and finalize the 2023 LHMP.
On April 10, 2023, the City Council adopted the final LHMP and completed a minor General Plan Amendment ( GPA
Element by reference.1
sufficient to satisfy the requirements of AB 2140. However, subsequent efforts to close out the Hazard Mitigation Grant were stalled when CalOES deemed the incorporation of the LHMP into the Safety Element by reference insufficient (i.e., incorporation by reference without a direct link or attachment did not meet the letter of State law). Because the full grant reimbursement ($84,437) until a revised amendment to the Safety Element is completed.
Accordingly, staff has drafted new language addressing the LHMP for the Introduction to the Safety Element and an updated Safety Element Policy S-7a to incorporate the intent of CalOES requirements. The revised Safety Element Introduction and Policy were presented to the Carpinteria Planning Commission at their October 7, 2024 hearing, 1 City Council Meeting on April 10, 2023 (Item 11):
https://carpinteria.granicus.com/GeneratedAgendaViewer.php?view_id=2&clip_id=1227 Safety Element General Plan Amendment
November 12, 2024
wherein the Planning Commission recommended that the City Council approve the proposed amendment on a 5-0 vote.2
DISCUSSION
To properly incorporate the adopted LHMP into the Safety Element, staff has utilized the guidelines published by CalOES as part of the AB 2140 Fact Sheet (Attachment C). The the local agency must include
language specific to the LHMP within the Safety Element of their General Plan and make the LHMP easily accessible in its entirety as a weblink, appendices, or attachment.
Accordingly, the proposed Resolution would make the following amendments to the Safety Element, shown below in strikeout/underline:
The following paragraph would be added to the end of the Introduction section:
The Local Hazard Mitigation Plan (LHMP) for the City of Carpinteria planning area was developed in accordance with the Disaster Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities. The LHMP is part of this Safety Element and is available to view at carpinteriaca.gov/city-hall/communitydevelopment/planning/general-plan-coastal-land-use-plan.
Policy S-7a would be amended as follows:
The current Local Hazard Mitigation Plan as adopted by City Council is hereby incorporated by reference and is incorporated as part of this General Plan Safety Element and can be accessed via this link:
carpinteriaca.gov/city-hall/community-development/planning/generalplan-coastal-land-use-plan.
These proposed amendments ensure that the LHMP is made a part of the General Plan is updated and re-adopted over time, the Safety Element will not need to be amended as well.
2 A recording of this meeting, as well as the staff report and related materials, is available on the City website at https://carpinteriaca.gov/city-hall/agendas-meetings/ .
Safety Element General Plan Amendment
November 12, 2024
GP/CLUP; however, the updated GP/CLUP will also contain AB 2140-compliant language to ensure the City remains eligible for funding.
ENVIRONMENTAL
The proposed GPA is exempt from environmental review under the CEQA Guidelines Section 15061(b)(3) and Public Resources Code Sec. 21065, which exempts projects that would have no potential for causing a significant impact on the environment. The language being added and amended in the Safety element incorporates the LHMP document into the General Plan document and does not in itself propose any change to the environment. Additionally, the General Plan amendment is categorically exempt from review under CEQA pursuant to CEQA Guidelines Section 15308, which exempts projects undertaken by a regulatory agency to implement certain procedures which maintain, restore, enhance, or protect the environment. The LHMP contains goals and objectives for not only responding to hazards and emergencies, but proactively mitigating harmful effects to the built and natural environment.
POLICY CONSISTENCY
Amending the Safety Element to bring the City into compliance with AB 2140 would not substantially change any goals, objectives, or policies of the Safety Element or the GP/CLUP as a whole, nor would it change any City decision-making processes, as the LHM
reducing
the loss of life, property and the economic and social dislocations resulting from various hazards and natural disasters (Objectives S-1 through S-6).
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City has an interest and obligation to comply with State and federal laws concerning emergency planning and preparedness. If the City of Carpinteria chooses not to approve the amendment to the Safety Element, it could affect the percentage of cost-share that the State and federal government may allocate to the City for disaster recovery Local Assistance funds. The City's GP/CLUP is a combined document, meeting legal requirements under the Government Code and the California Coastal Act for both General Plans and Coastal Land Use Plans. The proposed amendment is for the General Plan portion of the GP/CLUP and would not affect the Local Coastal Plan.
FINANCIAL CONSIDERATIONS
Completion of this General Plan amendment will allow the City to be reimbursed $84,437 for costs incurred to update the LHMP between 2019 and 2022 through the previouslyawarded CalOES Hazard Mitigation Grants Program.
Safety Element General Plan Amendment
November 12, 2024
OPTIONS
1. Adopt Resolution No. 6344, amending the Safety Element of the General Plan and finding the project exempt from CEQA.
2. Direct staff to make specified changes to the proposed Safety Element language and return to a future Council meeting.
3. Do not adopt Resolution No. 6344 and direct staff as appropriate.
PRINCIPAL PARTIES EXPECTED AT MEETING
Interested citizens
ATTACHMENTS
Attachment A Resolution No. 6344, amending the Safety Element of the General Plan Attachment B
Attachment C AB 2140 Fact Sheet from CalOES
Attachment D Draft CEQA Notice of Exemption
Staff Contact: Megan Musolf, Assistant Planner
Community Development Department
(805) 755-4438 / [email protected] Signature
Reviewed by: Nick Bobroff, Director
Community Development Department
(805) 755-4407 / [email protected] Signature
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 755-4400 / [email protected] Signature
Reviewed by: Michael Ramirez, City Manager
(805) 755-4450 / [email protected] Signature
RESOLUTION NO. 6344
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA TO AMEND 24-
2308-GPA, INCORPORATING ADOPTED LOCAL HAZARD MITIGATION PLAN INTO THE SAFETY ELEMENT PURSUANT TO ASSEMBLY BILL 2140.
WHEREAS, in January 2003 the City Council adopted the current General Plan/Coastal Land Use Plan; and
WHEREAS, the Federal Emergency Management Agency (FEMA) requires local governments to provide and maintain a hazard mitigation plan in order to qualify for several types of grant funding and assistance programs; and WHEREAS, Public Law 106-390, Section 322, commonly known as the Disaster Mitigation Act of 2000 (DMA 2000), and the associated Interim Final Rule, 44 CFR Parts 201 and 206, published in the Federal Register on February 26, 2002 establishes planning and funding criteria for states and local communities; and WHEREAS, local jurisdictions may adopt a local hazard mitigation plan (LHMP) into the Safety Element of a General Plan to provide supplemental information and/or fulfill planning requirements pursuant to Government Code Sections 65302 and 65302.6; and
WHEREAS, pursuant to Assembly Bill (AB) 2140, California cities that adopt a LHMP, as well as incorporate
Plan, are eligible for increased State cost-share on certain Public Assistance projects, an important funding source in the event of disaster; and WHEREAS, on November 27, 2017, the City Council adopted Resolution No. 5751, adding Objective S-7 and Policy S-7a to the Safety Element of the General Plan, WHEREAS, on current LHMP
; and
WHEREAS, in order iant with the
specifications of AB 2140, additional language must be added/modified to make the LHMP accessible in its entirety to the reader; and
WHEREAS, pursuant to Government Code Section 65302.5, the City provided the California Geologic Survey with a draft of this Safety Element amendment more than 45 days prior to adoption of the amendment and received no comments; and Resolution No. 6344
WHEREAS, pursuant to the requirements of Senate Bill 18 (2004), the City notified local tribes of the Safety Element amendment, provided a 90-day period for consultation requests, and all requests for consultation have been completed; and WHEREAS, on October 7, 2024, the Planning Commission recommended, on a 5-0 vote, that the City Council adopt the Safety Element amendment and determine that the amendment is exempt from review under the California Environmental Quality Act, as proposed; and
WHEREAS, the LHMP represents a critical part of emergency preparedness and eligibility for disaster assistance and ongoing resiliency to disasters.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The Safety Element of the General Plan shall be amended as follows:
The Introduction of the Safety Element shall add the following paragraph to the end of the section:
The Local Hazard Mitigation Plan (LHMP) for the City of Carpinteria planning area was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities.
The LHMP is part of this Safety Element and is available to view at carpinteriaca.gov/city-hall/community-development/planning/general-plan-coastal-landuse-plan.
Policy S-7a shall be amended as follows:
The current Local Hazard Mitigation Plan as adopted by City Council is hereby incorporated by reference and is incorporated as part of this General Plan Safety Element and can be accessed via this link: carpinteriaca.gov/city-hall/communitydevelopment/planning/ general-plan-coastal-land-use-plan.
SECTION 3. The City Council finds the proposed ordinance amendment to be exempt from review under CEQA pursuant to pursuant to Section 15061(b)(3) of the CEQA Guidelines (and Public Resources Code Sec. 21065), which exempts projects which will have no potential for causing a significant impact on the environment.
SECTION 4. This Resolution is effective upon its adoption.
Resolution No. 6344
PASSED, APPROVED AND ADOPTED on November 12, 2024 by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
________________________
Mayor, City of Carpinteria
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on November 12, 2024. ___________________________
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
APPROVED AS TO FORM:
_______________________________
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
The City’s current Local Hazard Mitigation Plan can be
accessed here:
https://carpinteriaca.gov/wp-content/uploads/2023/09/6221.pdf Additional information is provided on the General
Plan/Coastal Land Use Plan webpage:
https://carpinteriaca.gov/city-hall/communitydevelopment/planning/general-plan-coastal-land-use-plan/
Updated 4.2.2024
Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
What is AB 2140?
Passed in 2006, Assembly Bill No. 2140 (AB 2140) allows California counties and cities to be considered for additional state cost-share on eligible Public Assistance projects by adopting their current, FEMA-approved local hazard mitigation plans (LHMPs) into the Safety Element of their General Plan. This adoption, along with other requirements, makes the county or city eligible to be considered for part or all of its local-share costs on eligible Public Assistance projects to be provided by the state through the California Disaster Assistance Act (CDAA). For more information regarding Public Assistance, please visit Cal OES Public Assistance Division.
How Can AB 2140 Help Counties, Cities, and Your Citizens? For eligible Public Assistance projects, the typical local (non-federal) cost share is 25% of the total project cost. CDAA can allow the state to pay up to 18.75% of the nonfederal share, that would otherwise fall upon the county or city, to pay for eligible Public Assistance projects once the legislature has passed a bill allowing additional state funding after a disaster occurs. Upon approval of the legislature, counties and cities that are AB 2140 compliant are also eligible to be considered for the remaining
6.25% local share to be funded by the state, essentially covering the entire local-share cost for eligible Public Assistance projects. Please note that funding is not guaranteed.
What Do You Need to Know?
AB 2140 is not a requirement; it is an optional state incentive to help counties and cities become more resilient to natural hazards. Be sure to work with your planning department as the process proceeds.
There are multiple steps that must be completed before Cal OES can issue a letter of AB 2140 compliance. These steps are listed in detail below in the section What Are the Steps to Become AB 2140 Compliant? Be aware that adopting the LHMP via a formal resolution is a federal requirement for FEMA to officially “approve” the LHMP and does not make your jurisdiction automatically AB 2140 compliant. AB 2140 is a state incentive which also requires adopting your LHMP into the Safety Element of your General Plan.
However, both adoptions can take place at the same time using the same adoption resolution.
AB 2140 compliance expires when the LHMP expires. You must re-adopt the LHMP itself AND adopt the LHMP into the Safety Element of your General Plan each time you update your LHMP in order to continue compliance.
For multi-jurisdiction hazard mitigation plans (MJHMPs), the county and each city in the MJHMP must adopt its own specific annex into its own General Plan
Updated 4.2.2024
Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
Safety Element. Annex jurisdictions are not covered under the county’s adoption.
Special districts are not eligible for AB 2140 compliance as they do not have General Plans.
For additional information on General Plan and Safety Element requirements please contact the California Office of Planning and Research (OPR).
What Are the Steps to Become AB 2140 Compliant?
1. Complete and submit an LHMP to the Governor’s Office of Emergency Services (Cal OES). A jurisdiction must have a current, FEMA-approved LHMP. a. Cal OES will provide an initial review and, if applicable, request required revisions based on the FEMA LHMP Guidance.
b. Once Cal OES has determined the plan has met all FEMA LHMP requirements, Cal OES will then forward the LHMP to FEMA for final review and approval.
c. For questions or assistance, please contact the Cal OES Local Mitigation Planning Unit at [email protected].
2. LHMP adoption AND adoption into the Safety Element of the General Plan a. Adopt the LHMP via a formal resolution following your jurisdiction’s typical procedure once FEMA has issued “approvable pending adoption” (APA) status. Once FEMA receives a signed adoption resolution, they can then issue an official “approval” notice for your LHMP.
i. A sample adoption resolution for your LHMP is provided in Appendix B of the FEMA LHMP Policy Guide.
b. At this time, you may also choose to adopt the LHMP into the Safety Element of your General Plan using the same resolution in order to meet a requirement of AB 2140 compliance (see step 3).
i. Within the Safety Element update adoption resolution, there must be language specific to adopting the LHMP into the Safety Element of the General Plan, and the resolution must be signed and approved before the LHMP expires. This adoption can occur at the same time the LHMP is adopted to comply with FEMA requirements, or it can occur after the LHMP is approved but before it expires after five years.
c. At any time during the life of an approved LHMP a jurisdiction may choose to adopt the LHMP into the Safety Element of their General Plan, however, when the LHMP expires, AB 2140 compliance will also expire.
Updated 4.2.2024
Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
3. Safety Element Language
a. The local agency must include language specific to the LHMP within the Safety Element of their General Plan and make the LHMP easily accessible in its entirety as a weblink, appendices, or attachment (see step 4).
b. Jurisdictions should follow their own internal procedures for Safety Element language, however, below is sample language that may be used:
i. “The Local Hazard Mitigation Plan (LHMP) for the [Add Jurisdiction Name] planning area was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities. (Add a web link or language directing to the LHMP attachment or appendix within the Safety Element.
Discussed further in step #4 below.)”
4. LHMP Accessibility and Links
a. The current, approved LHMP must be easily accessible and available to the public viewing the Safety Element. This requirement can be met by linking the LHMP electronically to the General Plan Safety Element or by including the LHMP in its entirety as an attachment or appendix in the Safety Element and referencing its location with the plan. b. Web links should be monitored so that they are in working condition and bring the viewer to the most recent approved version of the LHMP.
5. E-mail the link to the updated General Plan Safety Element web page along with the signed adoption resolution(s) to the Cal OES AB 2140 inbox [email protected] for review and approval.
Updated 4.2.2024
Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
Frequently Asked Questions
Q: Who do I contact if I have additional questions regarding my LHMP or AB 2140 status?
A: For questions regarding AB 2140 compliance please contact [email protected]. For questions pertaining to your LHMP, please contact the Cal OES Local Hazard Mitigation Planning team at
[email protected].
Q: If a county is AB 2140 compliant, are its cities automatically covered? A: No. Each county and city must:
1. Have either your own stand-alone LHMP or have an annex in a MJHMP.
2. Have adopted your approved stand-alone LHMP or annex into your own General Plan Safety Element.
Q: Can a jurisdiction obtain AB 2140 compliance before their LHMP is approvable pending adoption (APA) from FEMA?
A: No. The LHMP must be either APA or officially “approved” by FEMA before you may adopt to obtain AB 2140 compliance.
Q: Are special districts covered under their county’s LHMP since they do not have their own general plan?
A: No. Special districts are not qualified for additional cost share under AB 2140 because they do not have a General Plan.
Q: If a county or city becomes AB 2140 compliant, does this compliance last forever?
A: No. AB 2140 compliance expires on the day the LHMP expires. You must re-adopt your LHMP into your General Plan Safety Element each time you update your LHMP.
Q: Once a county or city becomes AB 2140 compliant, are they guaranteed funding?
A: No. You will be eligible to be considered for additional CDAA funding upon approval of the legislature. There is no guarantee of funding.
Q: Can a city or county adopt their LHMP to obtain AB 2140 compliance at the same time they adopt their LHMP to fulfill the FEMA requirement when the LHMP is approvable pending adoption?
A: Yes, this is a viable option. It is crucial, however, that Cal OES receives a copy of the adoption resolution to ensure compliance. Your jurisdiction is
Updated 4.2.2024
Assembly Bill 2140 (AB 2140) Fact Sheet
Information for Counties and Cities
not compliant until Cal OES has documentation and has issued a compliance letter.
Q: If the actual LHMP is added to the General Plan, but not within the Safety Element, is language still required in the Safety Element? A: Yes, language specific to the LHMP and a web link, appendix, or language within the Safety Element that directs the public to the most current, approved LHMP in its entirety is required to be in the Safety Element.
AB 2140 Compliance Checklist
In order to issue a letter of AB 2140 compliance, Cal OES will review and verify that your jurisdiction has performed the following:
Has a current, FEMA-approved or approvable pending adoption (APA) LHMP.
Formally adopted the LHMP via resolution.
Formally adopted the most current, approved LHMP into the Safety Element of your General Plan via resolution.
Included language within the Safety Element of your General Plan that references your LHMP.
Included a web link, appendix, or language within the Safety Element that directs the public to the most current, approved LHMP in its entirety.
E-mailed the link to the updated General Plan Safety Element web page along with the signed, adoption resolution(s) to the Cal OES AB 2140 inbox [email protected] for review and approval.
For AB 2140 Questions: [email protected]
For LHMP Questions: [email protected]
For Public Assistance and CDAA Questions: [email protected]
30723787.3
City of Carpinteria
COUNCIL AGENDA STAFF REPORT
November 12, 2024
ITEM FOR COUNCIL CONSIDERATION
Consideration of Fiscal Sponsorship Application through the Santa Barbara Foundation, Acceptance of a $35,000 Grant from La Centra-Sumerlin Foundation for Building Appraisal and Consultant Services, and Review and Approval of Scope of Services for a Request for Proposal (RFP) to Solicit Consultant Services for a Potential Community Center in Carpinteria.
STAFF RECOMMENDATION
Staff recommends that the City Council:
1. Authorize submission of an application to the Santa Barbara Foundation for the purpose of fiscal sponsorship;
2. Authorize acceptance of $35,000 grant from La Centra-Sumerlin Foundation to use for building appraisal and consultant services related to identification of a site for use as a community center; and
3. Review and approve scope of services for RFP.
Sample Motion: I move to approve staff recommendation as listed. (Requires a roll call vote.)
BACKGROUND
On January 24, 2024, City Manager Michael Ramirez (Ramirez) met with U.S.
Congressman Salud Carbajal (Carbajal) who shared information about a federal grant funding opportunity (i.e., the Community Project Funding grant) that could be utilized to establish a community center in the City of Carpinteria (City). Subsequently, the John Welty Family Trust expressed interest in selling the property at 801 Linden Avenue to the City for $5 million for the purpose of a community center.
On April 26, 2024, City staff submitted a
Office requesting $5 million for the acquisition of the property located at 801 Linden Community Center Fiscal Sponsorship, Grant and RFP
November 12, 2024
Avenue for the development and operation of a future Community Center. Prior to submitting the request, Ramirez consulted with representatives of the philanthropic community, and multiple foundations expressed interest in supporting the development of a community center in Carpinteria.
On July 22, 2024, the City was informed that it is tentatively set to receive $850,000 in federal funding to be used for the establishment of a community center1. At this same meeting, the Council discussed budgetary concerns related to the proposed community center, particularly in light of recent reductions and deferments during the FY 2024/25 budget adoption process. In addition to real property costs, the Council discussed additional costs related to improvements, maintenance, and expanded programming.
After discussion, no action was taken; however, the Council directed staff to return with an update on the potential acquisition of 801 Linden Avenue, including options for securing additional outside funding to offset the funding gap of $4.15 million to purchase the property located at 801 Linden Avenue.
On August 26, 2024, it was stated that the City is not in a financial position to provide gap funding2 for the purchase of the Property, nor to fund improvements and ongoing costs related to maintenance and expanded programming. In addition, Ramirez informed the Council that he had submitted a grant request to a local foundation in an effort to close the funding gap. The foundation had expressed interest in providing financial support for an appraisal of 801 Linden Avenue and for consultant services to assist with a comprehensive needs assessment, including consideration of alternative locations in the event 801 Linden Avenue was no longer a viable or preferred location for the potential Community Center. City Council directed staff to continue working with the philanthropic community and to proceed with development of a Request for Proposal (RFP) for said consultant services. Lastly, City Council directed staff to return at a future meeting to present the RFP for feedback prior to release.
The purpose of this agenda matter is for City Council to consider: (1) acceptance of a $35,000 grant from La Centra Sumerlin to be used for an appraisal of 801 Linden Avenue and for consultant services to assist with a comprehensive needs assessment; (2) submission of an application to the Santa Barbara Foundation for fiscal sponsorship; and (3) to review and approve the scope of services for an RFP to solicit consultant services for a potential community center in Carpinteria.
DISCUSSION
Although the City is not in a fiscal position to provide supplementary funding for the establishment of a community center, the City is set to receive $850,000 in earmarked 1 The staff report from this meeting is available here:
https://carpinteria.granicus.com/MetaViewer.php?view_id=2&clip_id=1480&meta_id=94274. 2 In this case, gap funding is the amount of funding to cover the difference between the amount of the federal award and cost of the Property, plus additional costs associated with total Project cost.
Community Center Fiscal Sponsorship, Grant and RFP
November 12, 2024
federal funding for this purpose. The submitted grant application states funds will be allocated for the purchase of 801 Linden Avenue. While the property is listed for sale, the owner confirmed it is still available and welcomes an appraisal of the property. If the property is sold, or should the City decide not to pursue that location, the U.S. Department of Housing and Urban Development (HUD) may allow funds to be redirected, provided the original intent of the Community Project Funding request to establish a community center is maintained.
In September, the City received word that the La Centra-Sumerlin Foundation approved a $35,000 grant for building appraisal and consultant services for the community center project. La Centra- h a
non-profit 501(c)(3). This is also the typical and preferred method for receipt of general donations. For this reason, Ramirez has been in contact with the Santa Barbara Foundation regarding fiscal sponsorship service, which include: (1) the provision of nonprofit status to a project (thus making contributions tax-deductible), (2) the receipting and managing of contributions, and (3) the authorization and payment of grants and expenses from the fund created for the project. Sponsorship services do not include extensive administrative or fundraising support, or financial support. In order to be considered for for Accepting Fiscal Sponsorship Funds (Attachment A).
The primary beneficiaries of sponsorship services are typically new charities without an IRS determination letter and community groups planning a specific, finite project that is clearly charitable in nature and in furtherance of the charitable purposes of the foundation.
The City may apply to other funding sources under the auspices of Santa Barbara Community Foundation, but the foundation is not in any way responsible for actual fundraising or for providing financial support for the project. Foundation staff must review in advance all fundraising plans and requests for funding. In addition, all materials used in marketing or fundraising must be approved by foundation staff. There are also administrative costs associated with fiscal sponsorship. Fees are negotiated individually and range between 3% and 6% of funds collected. Also, the foundation reserves the right to modify this fee, should administration of the Fund prove to be more time-consuming than anticipated.
Should the City decide to accept the grant funds from La Centra-Sumerlin for the purpose stated, an RFP will be issued for consultant services. At the City Council meeting on August 26, 2024, the Council requested to review and provide feedback on the RFP prior to issuance. The draft RFP is included as Attachment B and the scope of service is listed below for reference.
SCOPE OF SERVICES
To conduct a thorough and detailed community needs assessment for potential establishment of a community center in Carpinteria, including:
Property Analysis: Research of existing space and buildings in Carpinteria, to assess:
Community Center Fiscal Sponsorship, Grant and RFP
November 12, 2024
Suitability of property at 801 Linden Avenue as a community center.
Suitability of the Veterans Memorial Building as a community center.
Capacity in buildings and/or land owned by non-profits, private entities, or other organizations in Carpinteria that could be used for a community center.
Engagement of Local Stakeholders: Including residents, local businesses, and community organizations, with a focus on low-income youth and seniors, individuals with disabilities, and the Spanish-speaking community, to assess:
Likely core programs and uses/needs of any such center.
Whether identified programs are currently provided in Carpinteria by other organizations, and if so, to what degree.
Advantages and disadvantages of a central location versus services spread throughout the community.
Identification of Potential Partners: Exploring mutually beneficial partnerships with services, and sustainability, including specific detail of what the partnership and contribution would entail in terms of staffing, services and finances. Potential organizations include, but may not be limited to: Santa Barbara City College, the Carpinteria Arts Center, The Alcazar Theatre, and the Family Service Agency.
Gauging Overall Community Support: Conducting surveys, focus groups, and public meetings to measure community interest and support for the development of a center, including community fundraising opportunities to fund:
Building/property acquisition and improvements.
Ongoing funding for maintenance and operations.
With City Council approval, City staff will submit an application for fiscal sponsorship to the Santa Barbara Foundation and proceed with issuance of the described RFP.
POLICY CONSISTENCY
The future development of a Carpinteria Community Center aligns with the following City Council policies:
1. City Council Primary Goal #4: Strengthen Community Institution Collaboration.
2. City Council Primary Goal #3: Take Steps to Address the Fiscal Sustainability of the City.
Community Center Fiscal Sponsorship, Grant and RFP
November 12, 2024
FINANCIAL CONSIDERATIONS
No Additional Funding Requested. Minimal staff time to prepare the report and prepare the draft RFP is included in the Adopted FY 2024-25 General Fund Budget.
LEGAL AND RISK MANAGEMENT CONSIDERATIONS
None.
OPTIONS
1. Approve staff recommendation as listed.
2. Approve staff recommendation with amendment(s).
3. Do not approve staff recommendation and provide direction to staff as desired.
PRINCIPAL PARTIES EXPECTED AT MEETING
Various community stakeholders.
ATTACHMENTS
Attachment A:
Sponsorship Funds
Attachment B: Draft RFP
Staff contact:
Michael Ramirez, City Manager
(805) 755-4450, [email protected] Signature
Reviewed by:
Ryan Kintz, Assistant City Manager
(805) 755-4400; [email protected] Signature
-1-
O:\DONOR\Fiscal Sponsorships\Fiscal Sponsorship Documents\Policy for Accepting Fiscal Sponsorship & Application 1.3.19.doc
for Accepting Fiscal Sponsorship Funds
The Santa Barbara Foundation may choose to provide fiscal and project sponsorship for charitable projects that further the purposes of the foundation. Sponsorship services include the provision of non-profit status to a project (thus making contributions taxdeductible), the receipting and managing of contributions, and the authorization and payment of grants and expenses from the fund created for the project. Sponsorship services do not include extensive administrative or fundraising support, or financial support.
The primary beneficiaries of sponsorship services are typically new charities without an IRS determination letter and community groups planning a specific, finite project that is clearly charitable in nature and in furtherance of the charitable purposes of the foundation.
Procedures: The foundation will be guided by the following guidelines, which are designed to protect the interest(s) of both donors and the foundation. The foundation reserves the right to either accept or decline any fund. It also reserves the right to close out a fund. The foundation will consider each situation individually. Exceptions to this policy may be made in extenuating circumstances and upon approval by the foundation’s Board.
1. The foundation requests that interested groups complete a detailed application form that includes (a) a description of the project; (b) its purpose, goals, and expected life span; (c) fundraising plans; (d) a list of advisory group members; (e) current and future budgets, bylaws and other organizational documentation; (f) and a concise statement of how the proposed fund meets the charitable purposes of the foundation.
The application should also explain if any feasible alternative is available for the fund, (i.e.) why does the donor believe it is necessary to use the foundation as a fiscal sponsor, and what are the alternatives. Applicants are encouraged to discuss their projects and applications with foundation staff prior to submittal. (See Attachment A - “Application for Fiscal Sponsorship” attached).
2. The foundation will review the application and decide whether to create a simple “special project” fund or if it is necessary to adopt the project as a foundation project.
Depending on what is decided, an appropriate fund agreement between the applicant and the foundation will be completed and a fund bearing the project’s name established. If it is a sponsored project, then the project is accounted for as “The XYZ Fund, a project of The Community Foundation” for IRS auditing, financial reporting, marketing, and fundraising purposes. It is requested that groups credit the foundation -2-
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in publications and news releases or stories. Likewise, the foundation may give the project mention in newsletter and annual reports of the foundation.
3. When the foundation resolves to adopt the project, it retains the right to approve payments from the fund created to carry out the purposes of the project. The project advisory group makes recommendations for the specific expenditures. The foundation staff reviews the recommendations, and if staff concurs, authorizes payments.
4. The foundation prepares receipts and acknowledgments for gifts to the project fund in accordance with the IRS requirements.
Groups may apply to other funding sources under the auspices of Santa Barbara Community Foundation, but the foundation is not in any way responsible for actual fundraising or for providing financial support for the project. Foundation staff must review in advance all fundraising plans and requests for funding. In addition, all copy used in marketing or fundraising must be approved by foundation staff.
Fees: See Attachment B - “Administrative Fee Schedule” for administrative costs associated with handling a fiscal sponsorship fund. Fees are calculated and deducted quarterly. The foundation reserves the right to modify this fee, should administration of the Fund prove to be more time-consuming than anticipated.
The Basic Legal Rules: When any donor makes a gift or grant to a secondary grantee (such as a charitable project), by first routing it through an intermediary grantee (such as the foundation), the IRS, the Internal Revenue Code and the relevant Treasury regulations consistently apply a basic legal principle.
If the gift or grant is “earmarked” and the intermediary grantee does not “exercise control” over the funds, then the gift or grant is treated as if it had been made directly by the donor to the secondary grantee.
A gift or grant is “earmarked” if it is subject to an agreement, either written or oral, whereby the donor binds the intermediary grantee to transfer the funds to the secondary grantee (or to use the funds to assist a specific individual). To say it another way: a donor cannot do indirectly what he or she cannot legally do directly. The intermediary grantee (the foundation) must, by law, be vigilant to confirm the charitable nature of the secondary grantee(s), and not simply a passive conduit for such funds.
Improper Use of Fiscal Sponsorship: While this list is not exclusive, improper use of a fiscal sponsor, or intermediary grantee, includes making gifts or grants: to individuals; by a private foundation to a new charity without an IRS determination letter; to noncharities doing charitable work; to a foreign charity; from one private foundation to -3-
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another, or designed to avoid the two percent limit on private foundations. Misusing fiscal sponsorship can result in: denial of donor’s tax deduction; penalty tax on private foundations; loss of fiscal sponsor’s public charity status; damage to public reputation of donor(s) and fiscal sponsor; and liability to directors and officers.
ACKNOWLEDGEMENT:
While serving as your fiscal sponsor, Santa Barbara Foundation must ensure that the outcomes of your project are charitable. By signing this request, you are agreeing that, to the best of your understanding, the outcomes of your project are charitable and that you will provide the foundation with written notification of all meetings of your board or steering committee and will respond in writing to periodic questions from the foundation regarding the activities of your project. You will obtain approval from the foundation of all communications naming the foundation.
Organization: (Dated)
Signature:
Name:
Position:
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Attachment A – Application for Fiscal Sponsorship
Organization Information
1. Individual, organization or group submitting request:
Organization Name:
Mailing Address:
Phone: Fax:
Contact: Position:
Employee ID No. (Tax ID)
2. What type of group is this and what is its purpose?
3. For what period of time is SBF being asked to serve as fiscal sponsor; how long do you expect the project to last? Begin date: End date:
How did you arrive at that “end date”?
4. Has your group incorporated with the State of California as a separate legal entity responsible for its own actions? (Circle one) Yes No If not, please explain your organizational structure in an attachment and attach a list of your advisory group members, their affiliations, and contact information.
5. Does your group plan to become recognized as a non-profit organization by the IRS by obtaining its own 501(c)(3) status? (Circle one) Yes No If you circled “no” above, why not?
If you circled “yes” above, what has been done to date in preparation for securing 501(c)(3) status?
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6. Do you have liability insurance? Yes No If so, please attach a copy of the policy.
7. Please attach a revenue and expense budget for the current year of operations.
If you have a written plan of activity and fundraising for your program, please attach a copy
Project Description
8. What specific, measurable charitable or educational outcomes does your group hope to bring about and when?
9. Who else is currently providing this service to the community?
10. SBF’s primary service area is the County of Santa Barbara. What geographic “community(ies)” do you expect to benefit?
11. SBF strives to work with all sectors of the community. Please describe the specific group(s) of citizens you expect to benefit.
12. What other individual or groups have been involved in planning this effort? When did they begin? (Please include approximate number of people and tell -6-
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why they have been involved.)
SBF Services Requested
13. How much money do you anticipate being directed to this fund within the first twelve months after the first deposit has been made? $ How much over the life of the fund (or the next three years, whichever is shorter?) $
14. When do you expect the first deposit to be made? (month and year)
15. How do you plan to raise the money? Will you hold event?
16. How many checks to you think SBF will be asked to process as fiscal sponsor?
Per month or Per year
17. When do you expect to ask SBF as fiscal sponsor to make the first disbursement?
18. Who will submit invoices or requests for reimbursements to SBF (as fiscal sponsor) for payment, and why does this person or group of people have this authority?
19. If you need (or may need) services from SBF beyond accepting, managing and disbursing funds, please tell us what those services are:
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Attachment B – Special Project Fund Administrative Fee Schedule Basic Special Project Fund Administration includes:
Gift processing – Acknowledgment in writing of gifts per IRS requirements, tracking all historical purposes, and banking transactions; and One statement per quarter on the Fund’s status summarizing beginning balance, all additional gifts, any disbursements or fees, and ending balance.
Administrative Fees shall be negotiated individually and shall range between 3% and 6% of funds collected. Fees may be charged up front or collected quarterly.
Any unusual bank charges – including but not limited to Stop Payment, Returned Checks, Certified Checks, and Wires – shall be added to the Administrative Fee.
Any additional services requested – including but not limited to processing gifts of real estate, illiquid marketable securities, or closely held stock or acting as fiscal agent for grants received or contracts on behalf of the organization – shall require payment of additional Administrative Fee to be determined by the foundation depending on the circumstances.
Direct Project Sponsorship fees are negotiated at the time of signing the fund agreement.
Donor (Dated)
Santa Barbara Foundation (Dated)
By
Title
CITY OF CARPINTERIA
REQUEST FOR PROPOSAL
TO CONDUCT A COMMUNITY NEEDS ASSESSMENT
FOR
POTENTIAL ESTABLISHMENT OF A COMMUNITY CENTER IN CARPINTERIA NOVEMBER 2024
Proposals must be submitted via email, in PDF format, to:
XXXX-XXXX
Submission Deadline: XXXX-XXXX
ii
TABLE OF CONTENTS
INTRODUCTION ............................................................................................................................. 1 BACKGROUND ............................................................................................................................... 1 PROPOSAL SUBMISSION INSTRUCTIONS .................................................................................. 1 SCOPE OF SERVICES ................................................................................................................... 2 PROJECT DELIVERABLES ............................................................................................................. 3 PROPOSAL REQUIREMENTS ........................................................................................................ 3 PREFERRED EXPERIENCE & QUALIFICATIONS ......................................................................... 4 EVALUATION CRITERIA ................................................................................................................. 4 RIGHT TO REJECT ANY OR ALL PROPOSALS ............................................................................ 5 INSURANCE REQUIREMENTS ...................................................................................................... 6 ........................................................................ 10
1 INTRODUCTION
The City of Carpinteria (City) is requesting proposals from qualified organizations to provide a Needs Assessment for potential establishment of a community center in Carpinteria (Project). The consulting services will be administered by the General Government Department and under the supervision of the XXXX-XXXX. The award will be made to the most qualified firm / organization based on the responsiveness to this Request for Proposal (RFP).
BACKGROUND
On January 24, 2024, City staff met with U.S. Congressman Salud Carbajal who shared information about a federal grant funding opportunity (i.e., the Community Project Funding grant) that could be utilized to establish a community center in the City of Carpinteria. Subsequently, the John Welty Family Trust expressed interest in selling the property at 801 Linden Avenue to the City for $5 million for the purpose of a community center.
requesting $5 million for the purpose of purchasing the property located at 801 Linden Avenue for the development and operation of a future Community Center. Prior to submitting the request, City staff conversed with representatives of the philanthropic community, and multiple foundations expressed interest in supporting development of a community center in Carpinteria.
On July 22, 2024, the City was informed that it is tentatively set to receive $850,000 in federal funding for the purpose of a community center. At this same meeting, the Council discussed budgetary concerns related to the proposed community center. In addition to real property costs, the Council discussed additional costs related to improvements, maintenance, and expanded programming.
On August 26, 2024, it was stated that the City is not in a financial position to provide supplementary funding for the purchase of the Property, nor to fund improvements and ongoing costs related to maintenance and expanded programming. City staff informed the Council that a local foundation had expressed interest in providing financial support for an appraisal of 801 Linden Avenue and for consultant services to assist with a thorough needs assessment, including consideration of alternative locations. City Council directed staff to continue working with the philanthropic community and to proceed with development of a Request for Proposal (RFP) for said consultant services.
PROPOSAL SUBMISSION INSTRUCTIONS
Proposals must be submitted via email, in PDF format, to the address provided on the cover of this RFP by the date and time listed. The email subject line should be listed as follows:
Consulting Services for Community Center Project
The name and address of the firm / organization shall appear in the body of the email. All emails will receive notice of receipt within one business day. If you do receive a notice of receipt, your proposal was not received and you must contact City Hall prior to the submission deadline at 805- 684-5405 for further instruction.
2 Proposal in the form of telephone calls, facsimiles, or regular mail will not be accepted.
LATE PROPOSALS WILL NOT BE ACCEPTED.
Questions
All questions regarding this RFP must be submitted via email to the following contact:
XXXX-XXXX
Questions must be submitted at least four (4) days before the proposal deadline. Questions submitted after this time will not be responded to.
SCOPE OF SERVICES
To conduct a thorough and detailed community needs assessment for potential establishment of a community center in Carpinteria, including:
Property Analysis: Research of existing space and buildings in Carpinteria, to assess:
Suitability of property at 801 Linden Avenue as a community center.
Suitability of the Veterans Memorial Building as a community center.
Capacity in buildings and/or land owned by non-profits, private entities, or other organizations in Carpinteria that could be used for a community center.
Engagement of Local Stakeholders: Including residents, local businesses, and community organizations, with a focus on low-income youth and seniors, individuals with disabilities, and the Spanish-speaking community, to assess:
Likely core programs and uses/needs of any such center.
Whether identified programs are currently provided in Carpinteria by other organizations, and if so, to what degree.
Advantages and disadvantages of a central location versus services spread throughout the community.
Identification of Potential Partners: Exploring mutually beneficial partnerships with organizations sustainability, including specific detail of what the partnership and contribution would entail in terms of staffing, services and finances. Potential organizations include, but may not be limited to: Santa Barbara City College, the Carpinteria Arts Center, The Alcazar Theatre, and the Family Service Agency.
3 Gauging Overall Community Support: Conducting surveys, focus groups, and public meetings to measure community interest and support for the development of a center, including community fundraising opportunities to fund:
Building/property acquisition and improvements.
Ongoing funding for maintenance and operations.
PROJECT DELIVERABLES
List of viable and fully vetted locations for programming hub, with ranked recommendations, based on needs (e.g., space, accessibility, affordability, etc.), stakeholder feedback, and other important factors such ability to expand, opportunities for partnership, and space types. Must include detailed rationale and cost-benefit analysis.
List of potential partners that could contribute to the community c programs and services, and sustainability, including specific detail of what the partnership and contribution would entail in terms of staffing, services and finances.
Written, verbal, and visual report/presentation to City Council including a description of utilized tools and methodology for community engagement and property analysis, and a detailed summary of collected data.
PROPOSAL REQUIREMENTS
The proposal shall demonstrate the qualifications, competence, and capacity of the Consultant to provide the services in accordance with the requirements of this RFP. The proposal shall specify an approach that will meet the RFP requirements.
The proposal shall contain the information as set forth in this section. Failure to include this information, or an incomplete response, may be cause for disqualification. The proposals will be used to evaluate and select the most qualified firm / organization/s.
The proposal shall include the following information as a minimum:
Transmittal cover letter signed by the person or persons authorized to represent the firm / organization.
Executive summary.
The firm / organization
city, state, zip code, telephone number, email address, web site address (if any.) All existing and past financial relationships including agreements between the firm / organization and proposed subconsultants, with current Members of the City Council and City staff, and entities for which said members are employed, or have an interest, both past and present. If there are none, the proposal shall clearly state this. The Members of the City Council can be viewed at https://carpinteria.ca.us/city-hall/city-council/.
4 Descriptions of the proposed service organization and specific experience and capabilities of the personnel related to the scope of services. Include licenses and affiliations, if any.
Résumés for personnel shall be included and attached separately in an appendix to the proposal. Copies of résumés will not count as part of the page limitation.
At least three (3) relevant contacts to serve as references.
A summary of the firm / organization
as presented, but include other approaches, items, or considerations; or exceptions and additions. The approach should demonstrate a thorough understanding of the issues that may be anticipated in the services.
Project timeline, including objectives, important milestones, and estimated completion dates.
Estimated hours for each major task including those of all subconsultants to complete the scope of services. If tiered subconsultants are part of the project organization, they shall be listed under the task performed.
Number of hours required per person to complete each project objective, with proposed hourly rate/s and total project cost.
Proposed payment schedule.
The proposal shall be a maximum of twenty (20) pages.
A proposal may be amended only if the City receives such amendment before the deadline stated herein for receiving proposals.
A proposal may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.
PREFERRED EXPERIENCE & QUALIFICATIONS
5 or more years of experience in the area of community services or similar field.
Demonstrated ability to collect and analyze quantitative and qualitative data, and produce research-based recommendations.
Experience in the public and/or nonprofit sectors, or as an organizational development specialist is highly desirable.
EVALUATION CRITERIA
From the proposals received, the City will select the three (3) highest rated firm / organizations for interviews. Evaluation of the proposals including the interviews will be based on the following criteria:
1. qualifications and ability to perform the work as outlined above based on information provided by the Consultant and client references. [25 Points]
2. The
conditions and ability to perform the work as outlined in the RFP, based on information provided by the Consultant. [25 Points]
5 3. The
key personnel to effectively and efficiently complete the project. [20 Points]
4. responsiveness to the RFP and project needs, and its demonstrated ability to meet the Project schedule. [20 Points]
5. [10 Points]
The successful firm / organization is required to obtain insurance, as set forth in Exhibit A, with an insurer or insurers that are satisfactory to the City. Failure to meet the insurance requirements will result in the Consultant Consultant is
coverages will be obtained and be in force upon execution of the Agreement with the City. The successful firm / organization shall submit a completed certificate of insurance with the signed Agreement.
Failure to respond to the RFP requirements will result in the disqualification of the proposal as nonresponsive to the RFP.
The tentative schedule for selection is as follows:
Proposals Due XXXX
Interviews XXXX
Selection XXXX
RIGHT TO REJECT ANY OR ALL PROPOSALS
The City reserves the right to reject any or all proposals or to select the proposal most advantageous to the City. The City reserves the right to verify all information submitted in the proposal. The City reserves the right to amend the RFP or issue a notice of amendment. The City reserves the right to reject any and all proposals and to waive any informality, irregularity, or technicality in any proposal.
The posting of this RFP is not a guarantee that services will be purchased by the City.
The City may reject a proposal from any firm / organization who previously failed to perform properly, or complete on time, contracts of similar nature, or to reject a proposal from the firm / organization who is not in a position to perform such a contract satisfactory. The City may reject a proposal from any firm / organization who is in default of payment of taxes, licenses, or other monies due to the City.
No compensation will be made for the cost of preparing any proposal. All submitted materials of a proposal will become the property of the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.
Evaluations of the proposals will be available for public inspection at the conclusion of the selection process.
Submission of a proposal constitutes acceptance of the conditions contained in the RFP unless clearly and specifically noted in the proposal submitted and confirmed in the Agreement.
6 INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross-liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.
When applicable, Workers Compensation on a state-approved policy form providing statutory benefits as Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop-down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. olicy
requiring actual payment by the insured first. There shall be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy s duty to defend.
The policy retroactive date shall be on or before the effective date of this agreement.
7 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Best rating of A- or better and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third-party general liability coverage required herein to include as additional insureds City, its officials, employees, volunteers and agents, using standard ISO endorsement No. CG 2010-0413. Consultant also agrees to require all contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g., elimination of contractual liability or reduction of discovery period) that may affect
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 (thirty) to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any
with the requirements of the certificate.
8 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If -insured retention, the deductible or
self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17. Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
9 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. the Agreement.
23. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
10 The Consultant is required to sign and file either a statement acknowledging its obligation to secure firming that as a sole
I,
Compensation before beginning work.
FIRM / ORGANIZATION
By:__________________________
Name and Title of Signatory
Dated:________________________