23-04D Skate Park Expansion
X
David Volz Design Landscape Architects, Inc.
Jamie Graham
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
[email protected]
(714) 641-1300
David Volz
Principal
(714) 641-1300
[email protected]
X
X
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Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone
___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ Federal Tax Identification Number: ________________________________ City of Costa Mesa Business License Number: ________________________________________ (If none, you must obtain a Costa Mesa Business License upon award of contract.) City of Costa Mesa Business License Expiration Date: ________________________________
David Volz President (714) 641-1300
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COMPANY PROFILE & REFERENCES
Company Legal Name:
Company Legal Status (corporation, partnership, sole proprietor etc.):
Active licenses issued by the California State Contractor’s License Board:
Business Address:
Website Address:
Telephone Number: Facsimile Number:
Email Address:
Length of time the firm has been in business:
Length of time at current location:
Is your firm a sole proprietorship doing business under a different name: ___Yes ___No If yes, please indicate sole proprietor’s name and the name you are doing business under:
Federal Taxpayer ID Number:
Regular Business Hours:
Regular holidays and hours when business is closed:
Contact person in reference to this solicitation:
Telephone Number: Facsimile Number:
Email Address:
Contact person for accounts payable:
Telephone Number: Facsimile Number:
Email Address:
Name of Project Manager:
Telephone Number: Facsimile Number:
Email Address:
David Volz Design Landscape Architects, Inc.
151 Kalmus Drive, Suite M8, Costa Mesa, CA 92626
davidvolzdesign.com
(714) 641-1300
[email protected]
Corporation
26 years
10 years
Monday - Friday 8:30am - 5:30pm
David Volz, Principal
Jamie Graham, Executive Manager
Paul Cassar, Landscape Designer/Project Manager
(714) 641-1300
[email protected]
(714) 641-1300
[email protected]
(714) 641-1300
[email protected]
X
CA
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COMPANY PROFILE & REFERENCES (Continued)
Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least three clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information.
Company Name:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
Company Name:
Telephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
Company Name:
Telephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
City of Buena Park
City of Gardena
City of Santa Ana
Jim Box, Director of Community Services
$331,911
[email protected]
6650 Beach Boulevard, Buena Park, CA 90621
There are no parks nor any available parklands in this section of Buena Park. An initial (310) 217-9571
Allan Rigg, Director of Public Works
$63,240
[email protected]
1700 W. 162nd Street, Gardena, CA 90247
DVD was contracted to design a comprehensive city-wide wayfinding and entry (714) 571-4241
Suzi Furjanic
$46,966
[email protected]
20 Civic Center Plaza, Santa Ana, CA 92702
The DVD design team worked closely with the City to develop a design for the City’s signage system for the City of Gardena to identify ideal sign locations to help residents and visitors access important community services. DVD collaborated with city staff and stakeholders to identify city entry points and places of interest for inclusion in its wayfinding program.
opportunity to provide some dedicated park facilities at Whitaker School has blossomed into a full of fledged “new” park across three acres of school yard.
first dog park at Centennial Park. A large vacant area of the park next to existing sports fields and a lake was selected as the prime location for this new dog park. A workshop was held with the community where extensive feedback was collected and synthesized by the design team.
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Company Name:
Telephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
Company Name:
Telephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
City of South Gate
City of Glendale
(323) 563-5494
Steve Costley, Interim Director of Parks & Recreation
$330,231
[email protected]
8650 California Avenue, South Gate, CA 90280
At Circle Park, the City of South Gate has leveraged a small piece of parkland to provide (818) 548-2054
Koko Panossian, Deputy Director
$1,100,00
[email protected]
613 E. Broadway, Glendale, CA 91206
The revitalization of Fremont Park will be a great improvement for the citizens of Glendale. It has a special character and being the oldest park in the city, an important historical context; it provides a wonderful greenspace and needed recreational opportunities for the residents who live just north of downtown Glendale. a great variety of recreational opportunities by integrating the adjacent utility easement lands into the park’s play space.
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EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.
I certify that Proposer and Proposer’s representatives have not had any communication with a City Councilmember concerning informal RFP No. _____FOR ________ at any time after November 09, 2020.
________________________________ Date: _______________________ Signature
________________________________
Print
OR
I certify that Proposer or Proposer’s representatives have communicated after November 09, 2020 with a City Councilmember concerning informal RFP No. _____FOR ________ . A copy of all such communications is attached to this form for public distribution. ________________________________ Date: _______________________ Signature
________________________________
Print
David Volz
August 14, 2023
23-04D Skate Park
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DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of Contractor currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None."
None
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DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
X
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BIDDER/APPLICANT/CONTRACTOR CAMPAIGN CONTRIBUTION
DISCLOSURE FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council.
Date Name of Donor
Company/Business
Affiliation
Name of
Recipient Amount
Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Bidder/Applicant/Proposer
Date
David Volz Design
August 14, 2023
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EXHIBIT C
CITY COUNCIL POLICY 100-5
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CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
BACKGROUND
Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub-grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.
1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub-grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;
B. Establishing a Drug-Free Awareness Program to inform employees about:
SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
PAGE
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SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
8-8-89
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2 of 3
1. The dangers of drug abuse in the workplace;
2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs; and
4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;
D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;
E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;
F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency;
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SUBJECT
DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5
EFFECTIVE
DATE
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G. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.
2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:
a. Contractor and/or sub-grantee has made a false certification under paragraph 1 above;
b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub-grantee has failed to make a good faith effort to provide a drug-free workplace.
3. Should any contractor and/or sub-grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub-grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.
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EXHIBIT D
AMERICAN RESCUE ACT PLAN RIDER
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Agreement Number:
Exhibit D of David Volz Design Agreement
25 American Rescue Plan Act (ARPA) Rider
1. DEFINITION
ARPA / CSLFRF TERMS AND CONDITIONS
1.1. Government means the United States of America and any executive department or agency thereof.
1.2. Treasury means the Department of the Treasury of the United States of America.
1.3. ARPA means the American Rescue Plan Act (Pub. L. No. 117-2 (Mar. 11, 2021)) (codified at Section 601 et seq. of Title VI of the Social Security Act) and related funding and financial assistance programs, including the Coronavirus State Fiscal Recovery Fund (CSFRF) and Coronavirus Local Fiscal Recovery Fund (CLFRF), collectively referred to as the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) and federal Assistance Listing CFDA 21.027.
1.4. Third Party Subcontract means a subcontract at any tier entered into by Contractor or any subconsultant or subcontractor, financed in whole or in part with federal assistance, including ARPA funds under the Agreement.
1.5. For purposes of this Exhibit, Contractor shall also mean the Contractor, Subrecipient, Consultant, or other party to the subject Agreement with the City, and may be referred to as such.
1.6. Agreement means that certain Agreement between the City of Costa Mesa (“City”) and Contractor, and to which this Exhibit is made a part. As a condition of the Agreement and of the ARPA funding under this Agreement, Contractor shall comply as follows:
2. GENERAL REQUIREMENTS
2.1. Contractor shall at all times comply with all applicable federal laws, regulations, executive orders, Office of Budget and Management circulars, Treasury policies, procedures, and directives, and program or grant conditions (as may be amended or promulgated from time to time), including but not limited to those requirements of 2 C.F.R. 1 Part 200, and its Subparts B-General Provisions, C-Pre-Federal Award Requirements and Contents of Federal Awards, D-Post Federal Award Requirements, E-Cost Principles, and F-Audit Requirements; and including the Age Discrimination Act of 1975; the Americans with Disabilities Act of 1990, the Civil Rights Act of 1964 (Title VI); the Civil Rights Act of 1968 (Title VIII); the Drug- Free Workplace Act of 1988; the Drug Abuse Office and Treatment Act of 1972; the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970; the Public Health Service Act of 1912; the Education Amendments of 1972 (Title IX); the Equal Opportunity in Education Act; the Energy Policy and Conservation Act; the False Claims Act; the Hotel and Motel Fire Safety Act of 1990; the National Environmental Policy Act; the Rehabilitation Act of 1973; the Whistleblower Protection Act (including 41 USC 4712); the Hatch Act (5 U.S.C. 2 1501 et seq.); and all related and Treasury-mandated federal regulations, including 31 CFR Part 35.
2.2. Whether or not expressly set forth herein, all contractual provisions and grant conditions or assurances required by Treasury (including as may be amended or promulgated from time to time) are hereby incorporated by reference. This Agreement may be amended to further
1 Code of Federal Regulations (“CFR”).
2 United States Code (“USC”).
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26 incorporate and expressly state new, revised, and or subsequent contractual provisions or grant conditions as may be required by ARPA and/or Treasury. In the event of any conflict between any provision of this Agreement, this Exhibit, or any federal or Treasury term, condition, or requirement, the stricter standard shall apply. Contractor shall refer any inconsistency or perceived inconsistency between this Agreement and any federal requirement to City for guidance. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests that would cause City to be in violation of any federal, ARPA, or Treasury term, condition, or requirement.
2.3. The Government shall enjoy the right to seek judicial enforcement of any law, regulation, condition, or provision stated herein.
2.4. Contractor shall attach and apply all terms and conditions stated herein to all Third Party Subcontracts and shall require that all subcontractors of all tiers comply with and attach and apply these terms and conditions as to their subcontracts at all levels. The provisions shall not be modified, except to identify the subcontractor who will be subject thereto.
3. FURTHER ARPA REQUIREMENTS
3.1. Contractor acknowledges that all or part of this Agreement will be funded with ARPA financial assistance.
3.2. Contractor shall comply with, and shall not cause the City be out of compliance with, the requirements of ARPA, the regulations adopted pursuant thereto, all interpretive guidance issued by Treasury, and City’s grant assurances related to ARPA funding.
Contractor shall also comply with all other applicable federal statutes, regulations, and executive orders, and shall provide for such compliance by other parties in any agreements it enters into with other parties relating to or involving funding under this Agreement.
3.3. Funds, payments, expenses, and procurements under this Agreement shall only be used for eligible ARPA uses and activities in accordance with ARPA and Treasury’s implementing regulations (31 CFR Part 35) and related interpretive guidance (including the ARPA Interim Final Rule and Final Rule as applicable), and all other applicable laws and regulations governing the use of ARPA funds. Contractor shall be responsible for any disallowances, questioned costs, or other items, including interest, not allowed under ARPA funding. Contractor shall return to City any funds disallowed within ninety days of notification from City to return such funds.
3.4. Any costs, payments, or expenses allowable under the Agreement must be incurred by December 31, 2024. Any funds not timely used must be returned to City.
3.5. In the event of any violation of any ARPA requirement, any audit exception or disallowance, or of any term or condition of the Agreement, then payments or subawards made under this Agreement shall be subject to recoupment.
3.6. Hatch Act. Contractor agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.
3.7. Uniform Administrative, Cost Principles, And Audit Requirements (2 CFR Part 200).
Contractor shall comply with all applicable provisions of the federal Uniform Guidance, 2 CFR Part 200, including applicable Administrative Requirements, Cost Principles, and Audit requirements. Without limitation, all use of funds and procurement of all services (including consultants), supplies, property, or equipment, shall be performed in conformance with 2 CFR 200.318-327 as well as in conformance with all other administrative, costs, and audit requirements under federal laws and regulations. These requirements generally require open and competitive process, with limited exceptions.
Contractor shall maintain records sufficient to detail the history of procurement and ATTACHMENT 1
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Agreement Number:
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27 provide such records upon request. These records shall include but are not necessarily limited to rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.
3.8. Allowable costs and allocations shall be only those permitted under the Agreement and as permitted by federal law and regulation, including pursuant to 2 CFR Subpart E.
Contractor must not claim reimbursement under this Agreement for expenditures reimbursed or financed by any other federal, state, or local government source.
3.9. Real property, equipment, and intangible property acquired or improved with funds under this Agreement must be held in trust for the beneficiaries of the project or program under which the property was acquired or improved. Liens or other appropriate notices of record may be required to indicate that personal or real property has been acquired or improved with a Federal award and that use and disposition conditions apply to the property.
3.10. If applicable, Contractor shall comply with all program income requirements and restrictions in conformance with 2 CFR 200.307. Any revenue generated by Contractor from Agreement-supported activities or funds shall be reported to City, including for direction as to disposition.
3.11. Government expressly disclaims any and all responsibility or liability to Contractor or any third persons for the actions of City, Contractor, or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the funding or performance of this Agreement, or any other losses resulting in any way from the performance of any contract or subcontract related to this Agreement. Contractor acknowledges and agrees that the federal government is not a party to this Agreement and is not subject to any obligations to or liabilities of the City, Contractor, or any other party (whether or not a party to this Agreement) pertaining to any matter resulting from the Agreement.
3.12. Conflict of Interest. By executing the Agreement, Contractor certifies that is it does not know of any fact which constitutes a violation of any conflict of interest law, including under Title 9, Chapter 7 (section 87100 et seq.) or Title 1, Division 4, Chapter 1, Article 4 (Section 1090 et seq.) of the California Government Code. Contractor shall disclose to City in writing any potential or actual conflict of interest affecting this Agreement or the funding thereof, in accordance with 2 CFR Part 200 (including 2 CFR 200.112 and 2 CFR 200.318(c)). Contractor shall provide all additional information necessary for City to fully assess and address such actual or potential conflict of interest. Prohibited conflicts include as to economic and/or personal interests.
3.13. NONDISCRIMINATION
3.13.1. Contractor (and its sub-grantees, contractors, subcontractors, successors, transferees, and assignees) shall comply with all applicable federal, state, and local nondiscrimination laws, rules, and regulations in its employment practices, delivery of services, and performance under this Agreement, and shall not unlawfully discriminate, harass, or allow harassment against any person on the basis of sex, race, color, ancestry, religious creed, national origin, sexual orientation, gender, gender identity, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital or familial status, denial of family care leave, or on any other basis prohibited by law, including without limitation by Title VI of the Civil Rights Act of 1964 (42 USC §§ 200d et seq.) and Treasury’s implementing regulations at 31 CFR Part 22 (prohibiting discrimination on the basis of race, color, or national origin); the ATTACHMENT 1
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Agreement Number:
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28 Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.) (prohibiting discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability); Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794) and Treasury’s implementing regulations at 31 CFR Part 17 (prohibiting discrimination on the basis of disability); the Age Discrimination Act of 1975, as amended (42 USC 6101 et seq.) and Treasury’s implementing regulations at 31 CFR Part 23 (prohibiting discrimination on the basis of age); Title II of the Americans with Disabilities Act of 1990, as amended (42 USC 12101 et seq.) (prohibiting discrimination in programs, activities, and services on the basis of disability); and the City’s Non-Discrimination Policy. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated herein by this reference.
3.13.2. Contractor (and its sub-grantees, contractors, subcontractors, successors, transferees, and assignees) shall ensure that evaluation and treatment of employees and applicants for employment are free from unlawful discrimination and harassment.
3.13.3. Contractor, and all sub-grantees, contractors, subcontractors, successors, transferees, and assignees, shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 USC 200d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 USC 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or Agreement.
3.14. Contractor acknowledges, agrees, and shall comply with the following:
3.14.1. Compliance with Title VI of the Civil Rights Act of 1964, as amended (42 USC 200d et seq.), and as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and all other pertinent executive orders, directives, circulars, policies, memoranda, and guidelines.
3.14.2. Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency” seeks to improve access to federally-assisted programs and activities for individuals who, because of national origin, have Limited English Proficiency (LEP). Denying a person access to programs, services, and activities because of LEP is a form of prohibited national origin discrimination. Contractor shall initiate reasonable steps, and comply with Treasury directives, to ensure that LEP persons have meaningful access to its programs, services, and activities, which may entail providing language assistance services including oral and written translation when necessary. Reasonable steps for meaningful LEP access is available at 70 CFR 6067 and http://www.lep.gov.
3.14.3. To consider the need for language services for LEP persons when developing and conducting programs, services, and activities.
3.14.4. If any real property, structure, or personal property is acquired, provided, or improved with regard to this Agreement, the provisions herein shall apply for the duration during which the property is owned or possessed by Contractor or used for a purpose for which ARPA funds have been provided or for any other purpose involving the provision of similar services or benefits.
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Agreement Number:
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29 3.14.5. To maintain a complaint log and inform City of any complaint of prohibited discrimination, and of any administrative agency or court’s findings of non- compliance with Title VI, including any related information pertaining thereto as requested by City.
3.14.6. To cooperate in any enforcement or compliance review by Treasury as to any condition herein, including cooperation with information requests, on-site compliance reviews, and reporting requirements.
Compliance with the foregoing constitutes a condition of performance and of continued funding, and is binding on Contractor’s successors, transferees, and assignees as may be applicable.
3.15. Publications. Any publications (press releases, social media posts, flyers, project signage) produced under this Agreement must display the following: “This project [is being][was] supported, in whole or in part, by federal award number [as indicated by City] awarded to the City of Fullerton Costa Mesa by the U.S. Department of the Treasury.”
3.16. Whistleblower Protections. Contractor shall comply with 41 U.S.C 4712 and not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities described in 41 U.S.C 4712(a)(2) information that the employee reasonably believes is evidence of gross mismanagement of a federally-funded contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. Contractor shall inform all its employees in writing, in the predominant native language of the workforce, of the rights and remedies provided under the federal Whistleblower Protection Act, including 41 USC 4712.
3.17. Increasing Seat Belt Use in the United States. Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for employees when operating company-owned, rented or personally owned vehicles.
3.18. Reducing Text Messaging While Driving. Contractor is encouraged to adopt and enforce policies that ban text messaging while driving, and establish workplace safety policies to decrease accidents caused by distracted drivers.
4. SUBRECIPIENT TERMS (All subawards, funding transfers, and subrecipient agreements, in accordance with 2 CFR 200.331 and as may otherwise be designated in the Agreement)
4.1. All or part of the funding of this Agreement will be with Federal awards. Contractor is designated as a Subrecipient and the federal funds received under this Agreement are designated as a subaward of CSLFRF funds. Funds under this Agreement must be used in accordance with Federal statutes, regulations and the terms and conditions of the Federal award, including all compliance and reporting requirements for ARPA funds. All terms of this Agreement shall remain in effect during all times that Subrecipient possesses or has control over ARPA funds, including any program income therefrom.
4.2. Contractor warrants and represents that it has, and shall maintain, the institutional, managerial, and financial capability to ensure proper planning, management, auditing, and completion of the subject project, program, and/or Agreement scope.
4.3. Contractor shall comply with, and administer all activity in conformance with, 2 CFR Part 200.300, et seq., and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and to maintain necessary source documentation for all costs incurred. Contractor shall maintain a financial management system which ensures control and documentation over the use and distribution of funds ATTACHMENT 1
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Agreement Number:
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30 hereunder in accordance with the terms and conditions of this Agreement and with generally-accepted accounting principles.
4.4. Contractor shall maintain procedures for obtaining and recording information evidencing eligibility for any receipt or distribution of funds, including by any given beneficiary or lower-tier subrecipient or contractor.
4.5. Contractor understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. 200.318(c) and that such conflict of interest policy is applicable to each activity using funds under this Agreement.
4.6. Contractor agrees to comply with and support all applicable ARPA reporting requirements and all reporting requirements otherwise stated in the Agreement. Contractor shall maintain compliance with all other federal reporting requirements, including those pertaining to subaward and executive compensation Information (2 CFR Part 170), and shall maintain processes and systems for proper and timely reporting as required under 2 CFR Part 170 Appendix A (unless exempt).
4.7. Contractor shall comply with and be responsible for all audit requirements required under federal law (including under 2 CFR Part 200) and as deemed necessary by authorized governmental entities, including Treasury, Pre-, interim, and post-award audits and other measures may be required, as determined by City. All subrecipients (other than for-profit entities) who receive federal funding which taken together total over $750,000 in a single fiscal year are subject to single auditing and other requirements under 2 CFR Part 200, Subpart F. Said subrecipients must have a single or program-specific audit conducted for that fiscal year, as required by and in accordance with the provisions of 2 CFR Part 200, Subpart F. A copy of this audit must be forwarded to the City as soon as it is complete.
4.8. All expenditures of funds under this Agreement shall be reported to City, as directed and in a form approved by City, including as required by all applicable ARPA requirements.
4.9. Contractor shall permit City, and all designated auditors, access to all records and financial statements as necessary for City to ensure compliance with this Agreement and all federal laws, regulations, and ARPA requirements.
4.10. Mandatory Disclosures. Contractor must disclose, in a timely manner, in writing to City all violations of Federal criminal law involving fraud, bribery, or gratuity violations.
Contractor shall report civil, criminal, and administrative proceedings to SAM, as required by 2 CFP Part 180.
4.11. Contractor shall maintain compliance with the System for Award Management (SAM) and Universal Entity Identifier requirements, pursuant to 2 CFR Part 25, including obtaining a unique entity identifier and completing SAM registration prior to receiving the Federal award unless exempt under 2 CFR 25.110. No entity, including subcontractors, may receive any federal funds through this Agreement unless the entity has provided its Unique Entity Identifier to City. Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier.
4.12. Contractor shall comply with the Privacy Act of 1974 and 2 CFR 200.335 in the collection, maintenance, use and dissemination of any personally identifiable information such as social security numbers, financial and medical information.
Contractor will limit the collection, use and access of information about individuals to that which is relevant and necessary to accomplish its purpose, and such data shall be ATTACHMENT 1
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31 maintained with appropriate administrative, technical and physical safeguards to protect the information.
4.13. Upon the earlier of either the expiration (or termination of this Agreement) or the completion of the project and/or program funded under this Agreement, Contractor shall closeout its use of the funds and its obligations under this Agreement by complying with all closeout requirements under 2 CFR § 200.344. Contractor shall complete, to City’s satisfaction, all final closeout requirements when and as requested by City. Closeout activities shall include, but are not limited to: close-out certifications, submission of final reports, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable), and determining the custodianship of records.
4.14. Compliance: Contractor shall take timely and appropriate action on all deficiencies pertaining to the Agreement and use of City-provided funds, as detected through audits, on-site reviews, or as indicated by City. Contractor shall provide written confirmation upon request, highlighting the status of actions planned or taken to address any audit findings or other compliance matters as to the Agreement.
4.15. Pursuant to the Trafficking Victims Protection Act of 2000 (TVPA), as amended, subrecipients and their employees (and subcontractors and their employees) may not:
4.15.1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
4.15.2. Procure a commercial sex act during the period of time that the award is in effect; or
4.15.3. Use forced labor in the performance of the award or subawards under the award.
4.16. Remedies for Noncompliance. In addition to any other right or remedy arising under the Agreement or in law or equity, City may impose additional special conditions or take additional measures if Contractor fails to comply with any federal law, regulation, or the terms and conditions of this Agreement, fails to meet expected performance goals, or when such measures are otherwise required to comply with federal law and grant funding. Conditions and measures may include:
4.16.1. Withholding cash payments pending correction of the deficiency;
4.16.2. Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance;
4.16.3. Disallowing all or part of the cost of the activity or action not in compliance;
4.16.4. Requiring additional or more frequent project status reporting:
4.16.5. Requiring additional, more detailed financial reports;
4.16.6. Requiring additional project monitoring;
4.16.7. Requiring Contractor to obtain technical or management assistance;
4.16.8. Establishing additional prior approvals; and
4.16.9. Wholly or partly suspending or terminating the award.
Federal Award Identification Details and Other Requirements Federal Assistance Listing Title Coronavirus State and Local Fiscal Recovery Funds (CSLFRF)
Federal Assistance Listing Number 21.027
Award Name City of Fullerton Costa Mesa
Federal Agency United States Department of the Treasury ATTACHMENT 1
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32 Federal Award Identification Number
(FAIN)
SLFRP0246
Pass-through Entity & Contact City of Costa Mesa (awarding official contact: as designated in the Agreement)
Federal Award Date May 11, 2021
Indirect cost rate Unless otherwise stated in the Agreement and/or Contractor has a different federally-
approved rate, Contractor must use the de-
minimis rate of 10% for all allowed indirect
costs.
R&D This Agreement is not for and no funds shall be
used for experimental, research, or
development (R&D) purposes, within the
meaning of 37 CFR Part 401.
5. RECORDS
5.1. Contractor shall keep and maintain full, complete, and accurate program, client, statistical, financial, and other supporting records pertaining to all services and payments, expenditures or distributions, and/or assistance under this Agreement, as required by applicable laws and regulations and consistent with sound, best, and generally-accepted accounting and grant management principles and practices. Contractor shall provide City, Treasury’s Office of Inspector General, the Comptroller General of the United States, and the Government Accountability Office, and any of their authorized representatives, access to and the right to examine and copy, all such books, documents, papers, records, accounts, and other documents and sources of information (electronic and otherwise), and shall permit access to facilities, personnel, and other individuals and information as may be necessary or as required by federal regulations and other applicable laws or program guidance, for the purposes of making audits, examinations, investigations, excerpts, and transcriptions pertinent to this Agreement and as may be needed for City to meet its ARPA and federal requirements. Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed, and to provide access to construction or other work sites relating to any Agreement work.
5.2. Contractor agrees to maintain all records that are pertinent to this Agreement, including financial, statistical, property, and participant books, records, accounts, reports, and supporting documentation, for a period of not less than five years after the later of: (a) the date of termination or expiration of this Agreement or (b) the date all projects, programs, and closeouts (including return of any remaining funding) are completed, except that in the event of audit, litigation, or settlement of claims arising from this Agreement, in which case, Contractor shall maintain same until the City, Treasury, or the Comptroller General (or any of their authorized representatives), have disposed of all such litigation, appeals, claims, or exceptions related thereto. Contractor shall grant City the option of retention of the records, books, papers, and documents in unalterable, electronic form if Contractor elects to dispose of said documents following the mandatory retention period.
6. DEBARMENT AND SUSPENSION
6.1. This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000, and is subject to 2 CFR Part 180 and Treasury’s implementing regulation at 31 CFR ATTACHMENT 1
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33 Part 19. As such, Contractor is required to verify that none of Contractor’s principals (defined at 2 CFR §180.995) or its affiliates (defined at 2 CFR §180.905) are excluded (defined at 2 CFR §180.940) or disqualified (defined at 2 CFR §180.935). Covered transactions shall not be entered into with excluded or disqualified persons or with parties listed on the Government’s Excluded Parties List System in the System for Award Management (SAM).
6.2. Contractor must comply with 2 CFR Part 180, subpart C, 2 CFR Part 3000, subpart C, and Treasury’s implementing regulation at 31 CFR Part 19, and shall include 1. a term or condition that the funding is subject to, and 2. a requirement to comply with these regulations, in any lower tier covered transaction it enters into.
6.3. Contractor represents, warrants, and certifies that it, and its principals, is and are not debarred, suspended, or otherwise excluded from or disqualified or ineligible for participation in Federal assistance programs or activities, including under Executive Order 12549, "Debarment and Suspension" or Executive Order 12689, and that it (and each of its principals) is not on the Excluded Parties List System in the System for Award Management (SAM) or on any comparable list of precluded persons, entities, or facilities.
Contractor agrees that neither Contractor nor any of its third party subcontractors shall enter into any third party subcontracts for any of the work under this Agreement with a third party who is debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under executive Order 12549 or any federal regulation, including 2 CFR Part 180. Unless exempt, Contractor must maintain current information in the SAM, consistent with 2 CFR Part 25.
6.4. This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to City, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.
6.5. The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
6.6. Contractor agrees to the provisions of Exhibit E-1, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions, attached hereto and incorporated herein. For purposes of this Agreement and Exhibit E-1, Contractor is the “prospective lower tier participant.”
7. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE (all construction contracts meeting the definition of “federally assisted construction contract” under 41 CFR 60-1.3)
Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). 41 CFR 60-1.4 is hereby incorporated by reference.
During the performance of this Agreement, the contractor agrees as follows:
7.1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants areemployed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment ATTACHMENT 1
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34 or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
7.2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
7.3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or with another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
7.4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
7.5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
7.6. ) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7.7. ) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other Contract Provisions Guide 12 sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7.8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering ATTACHMENT 1
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35 agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
8. CONTRACT WORK HOURS AND SAFETY STANDARDS (all contracts in excess of $100,000 that involve the employment of mechanics, laborers (including watchmen and guards) (as defined by federal law and regulation), or construction work, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence)
Contractor and all subcontractors shall comply with the Contract Work Hours and Safety Standards Act, 40 USC 3701 through 3708 (including sections 3702 and 3704), as supplemented by Department of Labor regulations at 29 CFR Part 5, which are incorporated hereto. Contractor and all subcontractors shall compute the wages of every ATTACHMENT 1
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36 mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is subject to conditions, as stated in the Act and regulations.
No laborer or mechanic shall be required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor (and all subcontractors) shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.
29 CFR 5.5(a)
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less ATTACHMENT 1
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37 often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii)
(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of ATTACHMENT 1
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38 receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
(2) Withholding. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the City may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
ATTACHMENT 1
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39 (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)
(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to Treasury if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to Treasury. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to Treasury if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to Treasury, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).
ATTACHMENT 1
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40 (B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and
trainees -
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State ATTACHMENT 1
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41 Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In
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Agreement Number:
Exhibit D of David Volz Design Agreement
42 the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part
30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor and all subcontractors shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the City may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR
5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7.
Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
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43 (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
To the extent work under this Agreement is not covered by any of the other statutes listed in 29 CFR 5.1, further compliance with the Contract Work Hours and Safety Standards Act shall be required as follows:
(1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
(2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Government, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.
9. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS
9.1. Contractor agrees that City and Government do reserve, are granted, and shall otherwise have, jointly and severally, a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
9.1.1. The copyright in any work developed with the assistance of funds provided under this Agreement;
9.1.2. Any rights of copyright to which Contractor purchases ownership with the assistance of funds provided under this Agreement.
9.2. Contractor grants to City and Government, jointly and severally, a paid-up, royalty- free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this Agreement to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data.
For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the City or acquire on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this Agreement, the Contractor will deliver to the City data first produced in the performance of this Agreement and data required by the Agreement but not first produced in the performance of this Agreement, in formats acceptable by the City.
10. RIGHTS TO INVENTIONS (contracts meeting the definition of “funding agreements” (see 37 CFR Part 401) for experimental, research, or development projects) ATTACHMENT 1
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Agreement Number:
Exhibit D of David Volz Design Agreement
44 *NOT APPLICABLE*
11. CLEAN AIR AND WATER POLLUTION REQUIREMENTS (all contracts and subcontracts in excess of $150,000)
11.1. Clean Air Act
11.1.1. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (42 USC 7401-7671q).
11.1.2. Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to Treasury, and the appropriate Environmental Protection Agency Regional Office.
11.1.3. Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with funds under this Agreement.
11.2. Federal Water Pollution Control Act
11.2.1. Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq. (33 USC 1251-1388).
11.2.2. Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the State of California (if applicable), Treasury, and the appropriate Environmental Protection Agency Regional Office.
11.2.3. Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with funds under this Agreement.
12. TERMINATION FOR CONVENIENCE OF CITY (all contracts in excess of $10,000)
See Section 4 of the Agreement.
13. TERMINATION FOR CAUSE/DEFAULT (all contracts in excess of $10,000)
Contractor’s failure to perform or observe any term, covenant or condition of this Agreement shall constitute an event of default under this Agreement.
See Section 4 of the Agreement.
14. CHANGES
See Section 6.24 of the Agreement.
15. LOBBYING (Byrd Anti-Lobbying Amendment, 31 USC 1352 (as amended)) (all contracts and subcontracts in excess of $100,000)
15.1. Contractor, and each tier to the tier above, certifies that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with the making or obtaining of any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are ATTACHMENT 1
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Exhibit D of David Volz Design Agreement
45 forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency.
15.2. Contractor shall file the required certification, Exhibit E-2, Certification Regarding Lobbying, attached hereto and incorporated herein, and shall obtain such certifications for all subcontracts in excess of $100,000.
16. AFFIRMATIVE SOCIOECONOMIC STEPS (MBE / WBE)
If subcontracts are to be let, Contractor, as prime contractor, is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.
17. PROCUREMENT OF RECOVERED MATERIALS
17.1. Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
17.2. In the performance of this Agreement, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—
-Competitively within a timeframe providing for compliance with the contract performance schedule;
-Meeting contract performance requirements; or
-At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
18. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS
EQUIPMENT OR SERVICES
(a) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds under this Agreement to:
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Agreement Number:
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46 (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions.
(1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;
(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or Contractor is notified of such by a subcontractor at any tier or by any other source, Contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or ATTACHMENT 1
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47 services.
(e) Subcontracts. Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.
19. DOMESTIC PREFERENCES FOR PROCUREMENTS
As appropriate, and to the extent consistent with law, Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to Contractor’s actions pertaining to this Agreement.
21. DAVIS-BACON ACT AND COPELAND ANTI-KICKBACK ACT (only prime construction, repair, or alteration contracts in excess of $2,000 if required by federal funding program)
a. Compliance with the Davis –Bacon Act:
*NOT APPLICABLE*
b. Compliance with the Copeland “Anti-Kickback” Act (required for all construction contracts over $2,000 where Davis-Bacon requirements also apply):
*NOT APPLICABLE*
22. BONDS (all construction or facility improvement contracts, or any subcontracts thereof, exceeding $250,000)
Unless otherwise excepted in writing by City, Contractor shall obtain and maintain bonds as follows:
22.1. A performance bond for 100 percent of the Agreement price, and
22.2. A payment bond for 100 percent of the Agreement price.
ATTACHMENT 1
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Agreement Number:
Exhibit D-1
48 Exhibit D -1
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or Contractor receiving Federal funds, as well as any subcontractors that the agency or Contractor enters into contract with using those funds)
As required by Executive Order 12549, Debarment and Suspension, and 31 CFR Part 19 and 2 CFR part 180, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds.
Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any Contractor that is debarred, suspended, or ineligible under 31 CFR Part 19.
Instruction for Certification
1. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
2. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
4. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
5. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment, debarred, suspended, ineligible, or voluntarily excluded from covered ATTACHMENT 1
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49 transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.
7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.
The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph 4 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility an Voluntary Exclusion – Lower Tier Covered Transactions
1. Contractor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsifications or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for, or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with, commission of any of the offenses enumerated in paragraph (b) of this certification, and
4. Have not within a three-year period preceding this application/ proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
5. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation.
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Exhibit D-2
50 APPENDIX A, 31 CFR PART 21 –CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person or organization for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining or awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1440 Meeting Date: 11/7/2023
TITLE:
2025 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION
SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: JENNIFER ROSALES, TRANSPORTATION SERVICES MANAGER, (714) 754-5343
RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. 2023-xx, approving projects for inclusion in the Orange County Transportation Authority’s(OCTA) Federal Transportation Improvement Program (FTIP) for Fiscal Years 2024/25 through 2029/30 (Attachment 1).
BACKGROUND:
The Federal Transportation Improvement Program (FTIP) is a capital listing of all transportation projects for the Southern California region to be funded over a six-year period. The FTIP is prepared to implement projects and programs listed in the Regional Transportation Program (RTP) and is developed in compliance with state and federal requirements. The projects include highway improvements; transit, rail, and bus facilities; high occupancy vehicle lanes; signal synchronization; intersection improvements; etc., in the six-county Southern California Association of Governments (SCAG) region. The Orange County Transportation Authority, as the administrator of FTIP in Orange County, reviews projects submitted by local agencies and prepares the final submittal to SCAG.
ANALYSIS:
OCTA requests that Cities in Orange County review projects in the current Federal Transportation Improvement Program (FTIP) for the next update. This includes a review of project descriptions, budgets, schedule status, and environmental documents. The FTIP only lists transportation projects that received Federal and/or State funds, are regionally significant or included in the Transportation Control Measures (TCM) category by SCAG, and are fully funded.
The City of Costa Mesa projects that meet the above criteria for inclusion in the FTIP are listed below:
Ø Adams Avenue and Pinecreek Drive Intersection Project Ø Signal Modernization for Multi-Modal Systemic Safety Improvements Ø Safe Routes to School Action Plan
309
File #: 23-1440 Meeting Date: 11/7/2023
The City, with the attached resolution, confirms its commitment to the successful implementation of the submitted projects. Staff requests City Council approval of the resolution.
ALTERNATIVES:
The City Council could choose to not adopt the resolution. According to OCTA, this would result in the City being ineligible for Federal or State grant funds for these projects.
FISCAL REVIEW:
The FTIP resolution requires the City’scommitment of funding for the implementation of the proposed projects in the RTP. These projects were committed through the City’s previous budget process.
LEGAL REVIEW:
The City Attorney’soffice has reviewed this report, prepared the attached resolution and approves them both as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goals:
· Strengthen the Public’s Safety and Improve the Quality of Life · Advance Environmental Sustainability and Climate Resiliency CONCLUSION:
OCTA requests the City review the projects in the current FTIP and requests City Council approval of their inclusion through a resolution. Staff reviewed the projects for inclusion in the FTIP and prepared the attached resolution for City Council approval and the City’s commitment for the listed projects.
Staff recommends the City Council adopt Resolution No. 2023-xx, approving projects for inclusion in OCTA’s Federal Transportation Improvement Program for Fiscal Years 2024/25 through 2029/30.
310
Resolution No. 2023- ___
RESOLUTION NO. 2023- ____
A RESOLUTION OF THE CITY OF COSTA MESA WHICH CERTIFIES THAT COSTA MESA HAS THE RESOURCES TO FUND THE PROJECTS IN THE FFY 2024/25 – 2029/30 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMS ITS
COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA
HEREBY FINDS, DETERMINES AND DECLARES AS FOLLOWS:
WHEREAS, Costa Mesa is located within the metropolitan planning boundaries of the Southern California Association of Governments; and
WHEREAS, Costa Mesa City Council has authorized projects for submittal to the Federal Transportation Improvement Program (FTIP); and
WHEREAS, Costa Mesa is the lead agency for projects and will comply with applicable local, state, and federal provisions including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Build America Buy America; and
WHEREAS, Costa Mesa agrees to construct Transportation Control Measures projects as noted in the amendments in a timely manner or to assist with finding a substitute project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Costa Mesa, does hereby affirm the City’s commitment to the projects submitted in the 2025 Federal Transportation Improvement Program.
PASSED, APPROVED AND ADOPTED this ___day of November, 2023.
_________________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
Brenda Green, City Clerk
Kimberly Hall Barlow, City Attorney
311
Resolution No. 2023- ___
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2023-___ and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the ___ day of November 2023, by the following roll call vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this ____ day of November, 2023.
312
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1441 Meeting Date: 11/7/2023
TITLE:
BICYCLE SAFETY EDUCATION PROGRAM FOR SCHOOLS
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION
SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: JENNIFER ROSALES, TRANSPORTATION SERVICES MANAGER AND BRETT ATENCIO THOMAS, ACTIVE TRANSPORTATION COORDINATOR, (714) 754-5343
RECOMMENDATION:
Staff recommends the City Council:
1. Award a Professional Services Agreement (PSA) to Walk ‘nRollers, 8800 Venice Boulevard, Suite 301, Los Angeles, CA 90034 for the development of a Bicycle Safety Education Program for Schools in the amount of $149,967 (Attachment 1).
2. Authorize a ten percent (10%) contingency in the amount of $14,996 for unforeseen costs.
3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.
BACKGROUND:
The Bicycle Safety Education Program for Schools was funded as part of the Capital Improvement Program in Fiscal Year (FY) 2022-23. The project will be administered to high school, middle school, and elementary school students at sixteen (16) Newport-Mesa Unified School District schools located in the City of Costa Mesa and at four (4) Newport-Mesa Unified School District schools located outside of the City of Costa Mesa which have enrollment zones serving high school, middle school, and elementary school-aged Costa Mesa residents.
The program will provide training on general bicycle safety, riding, and maintenance and will include a focus on electric bicycle safety and operations. The program’sgoal is to encourage safe bicycle use throughout the community and promote bicycling to school.
The Bicycle Safety Education Program for Schools’ scope of services is intended to develop a comprehensive bicycle safety education program including curriculum development and outreach materials to be used in the implementation of safety training at the twenty (20) aforementioned
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schools. The scope of services consists of three program phases:
· Phase 1: Develop an educational curriculum geared toward a school-aged audience. · Phase 2: Develop training materials including videos for bicycle safety education classes. · Phase 3: Conduct bicycle safety education classes using trained instructors at twenty schools.
The three program phases will be coordinated to effectively develop interrelated program materials and the final product will be comprehensive and easily duplicated for future use in subsequent years beyond the proposed PSA. The educational services that will be provided and the material developed as part of this project will complement the Active Transportation Plan (ATP) adopted in 2018.
ANALYSIS:
On June 15, 2023, the City issued a Request for Proposals (RFP) for the development of a Bicycle Safety Education Program for Schools. Two (2) proposals were received to provide the requested educational support services. Proposals were reviewed by a selection panel which included staff from Public Works, Costa Mesa Police Department, and Newport Mesa Unified School District.
Consultant proposals were evaluated based on project understanding, depth of experience, technical expertise, and associated evaluation criteria. Due to the similarity of proposal scoring, the consultant teams were interviewed for further evaluation.
After a careful review of all proposals and interview responses, the panel finds Walk ‘nRollers to be well qualified to perform the requested educational support services for the Bicycle Safety Education Program for Schools. The proposal submitted by Walk ‘n Rollers represents a thorough understanding of the project, complies with City requirements, and documents Walk ‘n Rollers’ technical ability and experience with similar projects. The fees proposed by Walk ‘nRollers were determined to be competitive and commensurate with the requested services.
ALTERNATIVES:
One alternative would be to not approve the PSA and develop and implement the Bicycle Safety Education Program for Schools using in-house resources. However, the technical expertise and volume of the work associated with the program exceed the staff’savailable resources and time. This would result in delays in the completion of the program development and implementation, which is anticipated to proceed later this year.
FISCAL REVIEW:
Funding for the proposed PSA with Walk ‘nRollers is available in the existing Capital Improvement Project funds for Bicycle Safety Education for Schools approved in the Fiscal Year 2022-2023 budget. Contingency budget to be covered within the Capital Improvement Project funds.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this report, prepared the proposed PSA and approves them both as to form.
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CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goals:
· Strengthen the Public’s Safety and Improve the Quality of Life · Advance Environmental Sustainability and Climate Resiliency CONCLUSION:
Staff recommends the City Council:
1. Award a Professional Services Agreement (PSA) to Walk ‘nRollers, 8800 Venice Boulevard, Suite 301, Los Angeles, CA 90034 for the development of a Bicycle Safety Education Program for Schools in the amount of $149,967 (Attachment 1).
2. Authorize a ten percent (10%) contingency in the amount of $14,966 for unforeseen costs.
3. Authorize the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.
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CITY OF COSTA MESA
PROFESSIONAL SERVICES AGREEMENT
WITH
WALK ‘N ROLLERS, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 7 th day of November, 2023 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and WALK ‘N ROLLERS, a California non-profit corporation. (“Consultant”).
RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to provide a bicycle safety education program for twenty schools within the City of Costa Mesa including e-bike safety and training on bicycle safety, riding, and maintenance, as more fully described herein; and
B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in City’s Request for Proposals, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
ATTACHMENT 1
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(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.
1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their 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 or veteran status, except as permitted pursuant to section 12940 of the Government Code.
1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and made a part of this Agreement. Consultant’s total 2 317
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compensation shall not exceed $149,967.00.
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination. 3 318
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4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of two years, ending on November 6, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by two additional one year periods upon mutual written agreement of both parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate. (b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
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(c) Workers’ compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.
(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.
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indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Walk ‘N Rollers
8800 Venice Blvd., Suite 301
Los Angeles, CA 90034
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (310) 204 - 4346 Tel: (714) 446- 1400
Attn: Jim Shanman Attn: Jennifer Rosales
Courtesy copy to:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing
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6.5. Drug-Free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “D” and incorporated herein. Consultant’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.
6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.
6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
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6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents 8 323
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furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.
6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq .).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090.
During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
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6.20. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.
6.21. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.22. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.23. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.24. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.25. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.26. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.27. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures.
6.28. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
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IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CONSULTANT
__________________________________ Date: __________________________ Signature
__________________________________ ________________________________ [Name and Title] Social Security or Taxpayer ID Number
CITY OF COSTA MESA
__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Ruth Wang
Risk Management
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APPROVED AS TO CONTENT:
__________________________________ Date: __________________________ Brett Atencio Thomas
Project Manager
DEPARTMENTAL APPROVAL:
__________________________________
Raja Sethuraman
Director of Public Works
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Carol Molina
Finance Director
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EXHIBIT A
REQUEST FOR PROPOSALS
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E
XHIBIT B
CONSULTANT’S PROPOSAL
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City of Costa Mesa
RFP # 23-23 Bicycle Safety Education Program
July 6, 2023
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8800 Venice Blvd. • Suite 301 • Los Angeles • CA 90034 • 310-204-4346 WALKMOREBIKEMORE.ORG
July 6, 2023
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Re: RFP # 23-23 Bicycle Safety Education Program for 20 Schools Dear Review Committee:
On behalf of Walk ‘n Rollers, I am proud to present this proposal in response to the Request for Proposals by the City of Costa Mesa. A bicycle safety program of this caliber will be transformative for the entire community. Our proposal strives to engage students, families and residents through safe cycling educational programming designed to influence change in transportation habits among the families of the target schools. Our efforts will focus on providing a wide range of education opportunities to Costa Mesa residents of all ages and the knowledge and enthusiasm to ride safely, and encourage others to do so as well.
We have assembled an expert team of professionals that are poised to meet the demands of this project and ensure efficien- cy, maximum engagement and creativity. Together, we have combined experience in education, encouragement, community outreach, curriculum development and delivery. Each partner brings a unique skill set to the project: Walk ‘n Rollers for project leadership, educational programming and student communications, Toole Design for curriculum and materials development.
Our recent experiences in Orange County, and Costa Mesa in particular, will allow us to ramp up the program quickly and efficiently. We have enjoyed a positive relationship with Newport-Mesa School District, including being granted an M.O.U. to present bicycle and pedestrian safety education to district schools during the 2022-23 school year, having worked with five of the twenty schools through the Orange County Safe Transportation Program (OC STEP) and partnering with City Council and Costa Mesa Police Department for a Walk & Roll Festival in May 2023 at Estancia High School that included an e-bike specific course and on street group rides.
Our collaborative approach and experience working with school districts, city staff and other stakeholders establishes a foun- dation from which to build future programs. This approach ensures we will energetically and effectively work with students at the target schools and provide the best possible learning experience and options for growth. We believe our experience and enthusiasm will exceed your expectations and produce results the residents of Costa Mesa deserve.
The terms of the proposal are negotiable. We are open to adjusting our scope of work. I will negotiate for the team if needed.
This proposal is a binding offer for 90 days. Our main office will oversee all programming for this project, located at 8800 Venice Blvd., Suite 301, Los Angeles, CA 90034
We are excited for the opportunity to work with your team in delivering first-class programming to promote and protect the health and safety of the children and residents of the City of Costa Mesa.
Sinceerely;
Jim Shanman
Executive Director
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Table of Contents
Project Understanding 2
Approach, Methodology 2
Qualifications 3
Scope 4
Experience 7
Quality Assurance/Quality Control 8
Timeline 9
Appendex
Resumes
Vendor Application
Company Profile & References
Ex Parte Communications Certificate
Disclosure of Government Positions
Disqualifications Questionnaire
Bidder/Applicant/Contractor Campign Contribution
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Walk ’n Rollers • Costa Mesa Bicycle Safety Education Program 2 PROJECT UNDERSTANDING, APPROACH &
METHODOLOGY
Strategy
As more families discover the benefits of cycling and the City of Costa Mesa works to build out a network of safer infrastructure, providing a comprehensive education program based at each school will be a key component towards success.
Reaching students at an early age is important to create a foundation for enthusiasm towards cycling as a viable transportation option. Howev- er, equally important is teaching students and families together how to safely cycle, including e-bike safety and bicycle maintenance, and take advantage of the new infrastructure, will be essential to building awareness and creating a more active, vibrant and mobile community.
Utilizing a multi-level education approach ensures that all age groups are reached in the target communities and that cycling is promoted as a healthy alternative and valid means of transportation.
Costa Mesa’s youth are in dire need of proper instruction, especially as it pertains to electric bicycles (e-bikes). For example, Childrens’ Hospital Orange County (CHOC) recently published a fact sheet on e-bike safety, listing Costa Mesa as one of the top five cities in Orange County for injuries. All age groups were included in the injuries with the highest concentration being 11-16 year olds.
Fortunately though, the causes listed are mostly avoidable with ap- propriate education and outreach.
Essential to the success of this program and addressing the most vital safety issues will be providing multiple levels of education to reach all residents regardless of their age and ability and leaving behind a community of both trained instructors and enthusiastic leaders. We will employ a unique combination of local advocates and businesses, trained instructors and curriculum specialists to tailor an education program to address Costa Mesa’s goals and priorities of providing safe cycling education to the greatest number of residents.
Further, our strategic combination of creating new, proprietary ma- terial, while also sourcing existing approved materials and utilizing established and proven methods for teaching bicycle safety will create an engaging and vibrant educational experience for all participants.
Developing and sustaining relationships with the Newport-Mesa Unified School District will provide strategic opportunities of efficiency. To this end, Walk ‘n Rollers’ recent M.O.U. with NMUSD (expired June 3, 2023) and track record with several of the target schools including Wilson, Pomona, Rea and Victoria Elementary Schools and Estancia High School, will help ensure a quick and smooth approach to school-based programming.
Our experience has shown that the greatest barrier to success with school-based education programs is coordination with the school district and scheduling with individual schools. To address this, it is imperative to include district representation every step of the way.
We propose adding a task force that meets at least quarterly with representation from the City, Newport-Mesa Unified School District (NMUSD), our team and local advocates to help expedite scheduling.
We recognize the urgency of this program and the City's anticipation of completing the program within one year, and are willing and able to work toward that goal.
We caution however that developing effective curriculum and efficiently scheduling 40 classes at 20 schools and six community Smart Cycling Classes may take longer than anticipated. To ensure success of the program, we propose starting with pilot schools in the Spring semester 2024 and expanding the program to the remaining schools in the 2024- 25 school year allowing completion of all tasks with one school year.
Working with schools we have a history of programming with, such as Wilson and Victoria Elementary Schools and Estancia High School, we can quickly enter into conversations regarding scheduling and program- ming. This will allow for the structure and materials to be tested, reviewed and revised to ensure maximum success with the majority of schools. It will also for an entire school year for scheduling and delivery, while also allowing time for the other target schools to become familiar with the program and property schedule events in a timely manner.
Approach and Methodology -
Our approach is based on a tiered, multi-level educational experience to ensure maximum exposure to the greatest number and age-range of participants. Rather than provide only school-based opportunities, we are proposing a series of classes aimed to educate children at school, families in the school communities and adults throughout the City with opportunities to become future instructors and leaders. Not relying solely on school- based activities, will also allow us to expedite scheduling of classes.
For Phase I, we will develop an instructional guide to accompany the League of American Bicyclists (LAB) materials. This guide will provide an overview of how to effectively deliver bicycle safety programming for children, teens and adults. Additionally, it will specifically address age-appropriate material and e-bike safety considerations. The guide will include scripts for instructors to follow and clear guidelines on how to recruit and train a team of volunteers for delivering workshops.
Phase II will rely heavily on a variety of currently available educational resources, including LAB’s Smart Cycling Manual (Instructors) and Quick Guides ( students) and AAA materials focused on bicycle safety.
Additionally, we will develop customized PowerPoint presentations for use in Phase III, and other materials such as videos and customized materials to demonstrate safe cycling behavior.
Phase III will focus on offering a diverse range of workshops at differ- ent levels. Each school will host two activities, resulting in a total of 40 classes, as specified in the Project Scope of Services. The workshops will consist of a Kids Bike Skills Workshop and Family Safe Cycling 35 350
Walk ’n Rollers • Costa Mesa Bicycle Safety Education Program 3 Workshop (4 hours). In addition, six (6) Adult Smart Cycling Class (6-8 hours) are included. Additionally, the Smart Cycling Class will incor- porate a train-the-trainer component, allowing P .E. teachers and local advocates interested in teaching workshops to partake in lessons designed to lead programming throughout this program and into the future. This class will serve as the prerequisite for LAB’s LCI Seminar.
We also recommend adding an LCI Seminar at the conclusion of the program to establish a team of qualified LCIs to facilitate future class- es and workshops (additional cost if desired).
QUALIFICATIONS, ORGANIZATION & KEY STAFF
EXPERIENCE:
Walk ’n Rollers is a grass-roots, non-profit organization focused on Safe Routes to School programming. We have provided Safe Routes to School programming, including bicycle safety education, to a diverse range of regions and cities including: Placentia, Santa Ana, Pico Rivera, Oxnard and Culver City. Additionally, our recently completed Orange County STEP Program in conjunction with OCTA included Costa Mesa, Anaheim, Westminster and Santa Ana.
Primarily utilizing League Cycling Instructors (LCI) our instructors are particularly experienced in working with children and adults alike.
Our team has created curriculum, taught LAB-based classes, Kids Bike Skills Workshops and rodeos and school-based bike skills activities.
Since 2010, we have overseen and implemented city-wide SRTS programs in Culver City, Pico Rivera and Moreno Valley, orchestrated comprehensive bicycle and pedestrian education programs in Santa Ana and Oxnard and hosted hundreds of pedestrian and bicycle education events including Kids Bike Skills Courses and Workshops, Group Rides, open streets events and walk audits. Along the way we have collaborated with local government and school districts alike as well as organizations such as SCAG, Metro, OCTA, CicLAvia, National Parks Service, YMCA and Bike LA.
Executive Director and Founder Jim Shanman’s experience as a parent and Culver City’s Safe Routes to School Coordinator, provides Walk ’n Rollers with a SRTS expert and community champion who relates well to children and parents alike. As the SRTS Coordinator, Jim brings an understanding of how to build bridges between City Hall and School Districts and move projects forward in a collaborative process. As a League Cycling Instructor (LCI), Jim’s teaching experiences under- scores Walk ‘n Rollers’ commitment to providing quality education ex- periences in all of Walk ‘n Rollers’ activities. Walk ’n Rollers’ Executive Director, Jim Shanman will serve as Project Leader. Jim is also an LCI who has taught over 100 bicycle safety classes of all levels in numer- ous cities and school districts.
Our Lead Instructor, Brenda Yancor brings to our team over 10 years of instructional experience as an LCI. She has worked alongside administrators at LA Unified School District to develop bike handling skills curriculum for middle school teachers and students, managed the extension and implementation of government contracts during Covid lockdown, switching from field based education to remote and created unique, interactive curriculum on bike handling skills, safety basics, as well as maintenance and mechanics.
We utilize QuickBooks for all our accounting and job tracking tasks.
Through QuickBooks, we are able to accurately track staff and consul- tants’ time, all materials, invoicing and any other job related costs and expenses.
Principal: Jim Shanman, LCI, Time commitment: 10%
Lead Instructor: Brenda Yancor, LCI, Time commitment: 25% Administrative assistant: Chinnaly Sayarath, Time commitment: 10% Toole Design has been a leader in the national Safe Routes to School (SRTS) movement for two decades. One of our earliest projects was a SRTS pilot program that pre-dated federal SRTS funding. We went on to prepare guidance for $612 million in federal SRTS funding and assisted in establishing the National Center for Safe Routes to School.
Since then, we have served hundreds of schools throughout the Unit- ed States, working with state and local transportation departments, school boards and districts, parents, administrators, families, and students. We have outstanding experience in planning and engineer- ing, program development and management, policy and curriculum development, and program evaluation.
Best Practice Research and Curriculum Development
Toole Design has supported the development of child pedestrian and bicycle safety curricula, both at the national and state level. Our work in- cludes the National Highway Traffic Safety Administration (NHTSA) Child Pedestrian Safety Curricula, Federal Highway Administration (FHWA) Pedestrian Safer Journey and Bicycle Safer Journey, Seattle School Road Safety Action Plan, and Maryland Pedestrian and Bicycle Safety Education Curriculum. As a component of each of those projects, Toole Design con- ducted best practice research to identify new or more effective approach- es to child safety education. We will incorporate lessons learned from past research and analysis, and we have the experience to efficiently identify and assess any new materials that are necessary.
Curriculum Development: Diane Lambert, Time commitment: 10% Instruction Lead: Trevor Lien, LCI, Time commitment, 10% Curriculum Support: Sonia Haeckel, Time commitment, 10% 36 351
Walk ’n Rollers • Costa Mesa Bicycle Safety Education Program 4 Organizational Chart
SCOPE OF SERVICES
Our proposal is based on providing a variety of educational opportu- nities to the widest possible audience, allowing for adaptability and flexibility to be as accommodating to school schedules and communi- ty engagement opportunities as possible. Our multi-tiered education approach will help reach the maximum amount for students while also connecting with stakeholders throughout the target schools’ communities.
PHASE I
Develop Educational Curriculum Geared Toward a School-aged Audience
Establishing a baseline curriculum to support this education program will be crucial to the program’s success and instrumental in establish- ing a toolkit to support long term sustainability.
As recognized by the City, multiple quality resources exist that could serve as the base for this new curriculum; there is no need to reinvent the wheel. Using information from our team's local and national experience as well as existing LAB materials, we will create a versatile curriculum appropriate for school-aged audiences from elementary to high school level.
Toole Design will work with the City and Newport Mesa Unified School District staff to determine the best structure and approach for the cur- riculum and submit draft and final curriculum deliverables, including a coordination guide, instructor guide, and teaching tips, detailed lesson plans, and skills training course diagrams, and resource and materials lists.
Our goal is to create effective yet practical safety training materials that support the development of key age-appropriate safety skills in children while accommodating the realities of the school day. To this end, we will work closely with the City and Newport Mesa Unified School District staff specifically to discuss influential factors, such as anticipated time commitment for schools, to design a curriculum and approach that is custom designed for the schools.
All curriculum will cover a wide variety of materials from beginner to advanced and include rules of the road, bicycle commuting, personal safety, helmet fitting and usage, basic bike maintenance and essential bike handling and road riding skills, e-bike safety and other elements as appropriate and include both classroom and road skills models where applicable. Instructors will also have access to pre-developed scripts to facilitate their teaching, alongside guidelines on how to recruit and prepare a team of volunteers for conducting workshops.
Deliverables:
• Instructional Guide
• Adapt
able curriculum for Elementary, Middle and High School
Cour ses
• PowerPoint presentations to use in Family Safe Cycling Workshops and Adult Smart C
ycling Classes
• Instructional Guide
•
Adaptable curriculum for Elementary, Middle and High School Cour
ses
• PowerPoint presentations to use in Family Safe Cycling Workshops and Adult Smart C
ycling Classes
PHASE II
Develop Training Materials for Bicycle Safety Education Classes Phase II will lean heavily on currently available materials, including LAB’s Smart Cycling Manual (Instructors) and Quick Guides ( stu- dents), AAA materials on bicycle safety. Other material will include customized PowerPoint presentations for use in Phase III and (option- al) localized videos demonstrating appropriate safe cycling behavior.
In order to maximize budget and efficiency, we will utilize a combina- tion of materials that include designing proprietary materials, custom- izing/branding readily available materials, and acquiring pre-made, off the shelf materials. Creating an extensive toolkit of materials will serve as a cornerstone to the program’s success and provide the necessary information for the City to continue to offer educational opportunities.
Our team has years of experience creating original material for Safe routes to School programs. From designing promotional materials to creating classroom-appropriate educational videos and utilizing social media platforms to expand messages. Our approach is to be as cost effective as possible, creating original material to have the most impact when appropriate and utilizing off the shelf items for bulk items where custom printing for students at 20 schools is not feasible or efficient.
There is a plethora of materials currently available from a variety of sources that would support our approach. LAB for example, is Diane Lambert
Trevor Lien
Sonia Haeckle
Lead Instructor
Brenda Yancor
Administration
Chinnaly Sayarath
Project Manager
Jim Shanman
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Walk ’n Rollers • Costa Mesa Bicycle Safety Education Program 5 an excellent source for classroom materials for both instructors and students to support the higher level classes. The Auto Club of Southern California (AAA) maintains a substantial library of free safety education materials that covers helmet safety, general bicycle safety and e-bike safety and is an excellent source for large quantities of en- try-level materials. ImSafe.com boasts an extensive library of bicycle safety material in multiple languages and customizable materials, providing activity books and classroom appropriate materials that can be branded for the program.
A schedule of items outlining which will be created and which will be procured will be presented to the project team for review, input and approval. It is imperative that any original materials be created with quality and sustainability in mind. Any such items will likewise be sub- mitted for review and approval to ensure they meet the City’s goals and accurately reflect their ideals.
Deliverables:
• Educational Materials for approximately 7,400 elementary students • Educational Materials for approximately 2,500 middle school students •
Educational Materials for approximately 4,000 high school students • Student materials for 20 Family Safe Cycling Workshops • St
udent materials for 6 Adult Smart Cycling Workshops
• 7,600 r
eflective armbands
• 312 Helme
ts
• 312 Bik
e Lights
• 240 L
AB Quick Guides
• 72 L
AB Smart Cycling Manuals
• 11,000 Activity Books (element
ary + middle school)
PHASE Ill
Conduct Bicycle Safety Education Classes Using Trained
Instructors at 20 Schools.
Phase III will provide multiple levels of workshops and classes as described above in Phase I. Each school will host three activities for a total of 60 classes: One (1) Kids Bike Skills Course or Workshop; one (1) Family Safe Cycling Workshop (4 hours) and one (1) Adult Smart Cycling Class (6 hours). The Smart Cycling Class will also include a train-the-trainer component for local advocates interested in teaching workshops and will serve as the prerequisite for LAB’s LCI Seminar.
Effective coordination and collaboration with Newport-Mesa School District to set schedules, distribute materials and ensure a smooth process will be an important element in delivery of this task. Walk ’n Rollers has a positive and ongoing relationship with both the District and several of the target schools. We do not anticipate large delays in being able to connect with and begin scheduling programming.
Approved materials will be delivered to schools for advance distribu- tion prior to workshops, including promotional materials. This will help ensure that all students receive educational materials regardless of availability to participate in any programming. All materials will be available for the City to promote and distribute to the best of their ability, including online and through social media.
In each class, students will receive educational materials and safety equipment as incentive to participate:
• Kids Bike Skills Workshops: Reflective armbands, educational Activity books and safety brochures
• Teen Bike Skills Workshops: Reflective armbands, educational activity books and safety brochures
• Family Safe Cycling Workshops; Reflective armbands, Helmet, bike lights, LAB Quick Guide
• Adult Smart Cycling Class: Reflective armbands, Helmet, bike lights, LAB Smart Cycling Manual
We are also recommending adding an LCI Seminar to be delivered at the culmination of the program with the goal of leaving behind a stable of LCIs to teach future classes and workshops. Students will receive a reflective armband, helmet, bike lights, LAB Smart Cycling Manual.
Classes will be structured as follows;
Option 1: After School Bike Skills Workshops
Students will be invited to participate in an after school program that will cover helmet fitting, essential bike safety rules, and a skills course to put those lessons into practice. Older students will learn the ABC Quick Check and participate in specialized activities - like our ABC Quick Check Relay - to reinforce lessons learned. Inviting children to bring their bikes to school and utilizing our fleet of bicycles, scooters and demo helmets, we can reach over 100 students in an afternoon.
Option 2: Walk + Roll Days During PE
Presenting Walk +Roll Days during PE will ensure every student is reached at this level. Our Walk + Roll Days will cover essentials of bicycle safety, including helmet fitting, ABC Quick Check and essential rules of the road, including pedestrian safety.
This option however requires access to a fleet of 50 bicycles of multiple sizes to ensure all students are able to participate. This will require an additional investment from the City in acquiring a fleet of bicycles, scooters and safety equipment and means to transport (i.e. trailer) to each school as needed.
Middle and High Schools
To ensure the maximum of students participate, we recommend safety instruction during PE. Over the period of two days per school, students with bicycles or scooters will be invited to participate in a special Bike Skills Day that will cover essentials of bicycle safety, including helmet fitting, ABC Quick Check and essential rules of the road, hazard avoidance and e-bike safety instruction.
As an alternative, this class could be offered after school or as a week- end event.
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Walk ’n Rollers • Costa Mesa Bicycle Safety Education Program 6 To ensure the inclusion of all students, however, will require an addi- tional investment from the City to acquire a fleet of bicycles, scooters and safety equipment and means to transport (i.e. trailer) to each school as needed.
Family Safe Cycling Workshops
Our Family Safe Cycling Workshops are fun, engaging and entertain- ing. Designed for families at each target school to learn safe cycling together, this class is intended to build a cycling culture at each school. Coupled with the Kids Bike Skills Workshops, students will have multiple opportunities to learn to safely ride with confidence and understand the value of cycling as a healthy alternative.
By using various modules, multi-modal learning techniques and interactive games - such as Ride Prep Jeopardy - students learn safe cycling essentials. The class includes creative classroom time, on bike skills drills and a short group ride in the surrounding communi- ty (when applicable) to put into practice lessons learned. Together, participants learn bicycle safety essentials including bike selection and fitting, Helmet Fitting, ABC Quick Check, Rules of the Road, Scan- ning/Signaling techniques, Sidewalk Safety, Riding with children and E-Bike essentials and basic bicycle maintenance. All classes are led by an LCI and can be taught after school or on weekends depending on what works best for each school community.
Adult Smart Cycling Classes
The Adult Smart Cycling Class is a comprehensive bicycle safety course. Using existing LAB curriculum, this class teaches students everything they need to know to be better, safer, smarter cyclists and serves as the prerequisite to the LAB LCI Seminar for those wishing to further their education and/or teach future classes.
Designed for adults at each target school, the Adult Smart Cycling Class can also be opened to the general public. This eight-hour course includes classroom time, on bike skills drills including emergency maneuvers, and a road ride to put into practice lessons learned. Par- ticipants learn bicycle safety lessons from bike selection and fitting, Helmet Fitting, and ABC Quick Check, to Rules of the Road, Scanning/ Signaling, gear shifting, emergency maneuvers (avoidance weave, rock dodge, quick stop and quick turn), E-Bike essentials and basic bicycle maintenance.
Further, to develop future community leaders, a train-the-trainer module will be included to encourage PE teachers and community stakeholders to host and teach future classes going forward.
All classes are led by an LCI and can be taught in a variety of ways:
One, eight hour day; two, four hour days, hybrid version of online and in-person. This course can also be offered in Spanish.
LCI Seminar - Optional
To improve sustainability and create next generation advocates, we are recommending adding an LCI Seminar to this program to be con- ducted in the final months of the grant period. An LCI (League Cycling Instructor) Seminar is hosted by the League of American Bicyclists and led by our staff, to build on what the students have already learned to teach them HOW to teach bike safety instruction. This three-day sem- inar fully prepares the students to actively teach in the community.
Successful graduates of the seminar are then certified as LCIs by the LAB. The Seminar will provide Costa Mesa with new safety education leaders to continue the progress of this program.
Deliverables:
• 15 Kids Bike Skills Workshops at Elementary Schools
• 5 T
een Bike Skills Workshops at Middle and High Schools
• 20 F
amily Safe Cycling Workshops
• 6 Adult Smart C
ycling Classes w/ Train-the-Trainer components
• 1 L
CI Seminar (optional)
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Walk ’n Rollers • Costa Mesa Bicycle Safety Education Program 7 EXPERIENCE AND RECORD OF SUCCESS ON
SIMIL
AR PROJECTS
Project Lists
Culver City Comprehensive SRTS program, 2014 - present: 7 schools including development of curriculum and training of PE teachers in pedestrian safety, LAB-based bicycle safety classes, group rides, numerous community-based bike safety events, community-based safety campaigns, regular, ongoing promotion and outreach efforts to maximize participation and awareness. Contact, Gabe Garcia, Senior Transportation Planner, 310-253-5633, [email protected] Oxnard SRTS Program, 2022-present: Education and encouragement activities with up to 20 schools (Phase I + Phase II). To date, activities have included conducting 2 days of middle school bicycle safety edu- cation and pedestrian safety assemblies and classroom presentations at four elementary schools. Debbie O'Leary, 805-200-5283, debbie. [email protected]
OC Safe Transportation Education Program (STEP), 2020-2023: On a team with education and encouragement facilitation for up to 25 schools, including coordinating safety curriculum for training videos to meet CA education standards, as well as a pilot e-bike training course. All eight schools we were tasked with conducted walk to school days, pedestrian safety assemblies and school-based Kids Bike Skills Workshops. Contact: Kristin Haukom, Planning Associate, Alta Planning + Design , 619-987-7977; [email protected] Orange County Pedestrian and Bicycle Safety Program, 2019: Pedes- trian and Bicycle Safety Education and Outreach in multiple cities throughout the county, including leading a series of Smart Cycling Classes and LCI Seminar. 500 helmets and sets of bike lights were distributed, 2,000 pedestrian reflectors and safety information were distributed to transit users, eight Safe Cycling Classes and one LCI Seminar were conducted during the six-month program period throughout the County. Contact: Paul Martin, 949-697-7840; pmartin@ markthomas.com
Moreno Valley SRTS Program, 2019-2020: Comprehensive SRTS program, 11 schools. This comprehensive SRTS program connected with 11 schools revolving around recent safe routes infrastructure implemen- tation. Separate engagement programming was developed for the ele- mentary, middle and high schools to educate families on the values of active transportation and provide encouragement activities to increase the numbers of kids walking or biking to school and improve safety. The program included walk to school encouragement activities, community bike skills activities and a high school developed PSA. COVID restric- tions forced the program to pivot to online and contact-free activities.
Contact: Quang Ngyuen, [email protected]
Santa Ana Bicycle Education, 2018: Delivered a series of safety classes and retraining courses for area LCIs. Contact: Cory Wilkerson, Principal Traffic Engineer, City of Anaheim, 661-313-8062, [email protected] Lennox Bicycle and Pedestrian Safety Education: 2017-2020, extensive bicycle and pedestrian safety education programming on campus during PE at five elementary schools.
Pico Rivera SRTS Program, 2014 - 2015: Comprehensive SRTS program at 11 schools over two years. Included was extensive school outreach, bicycle and pedestrian safety education and guidance in hosting Walk to School Days.
Alameda County Transportation Commission Safe Routes to School Program, Alameda County, CA: Toole Design’s role on the Alameda SRTS includes overall program management and implementation for schools and is responsible for the oversight of a team of non-profit site coordinators who provide programmatic support to schools to im- plement ongoing Walk and Roll to School days, large events, training and classes, and other activities. The Toole Design and site coordi- nator team is also responsible for the recruitment of new schools and school champions, who implement the program at schools and track performance measures. We also lead efforts to develop com- munication and outreach materials and newsletters; assess current school-level and district-level policies; develop curriculum to better integrate the SRTS program at schools; and conduct ongoing events at individual schools and across Alameda County.
Safe Routes to School Curriculum Toolkit & Content Development and Program Analysis and Evaluation, Philadelphia, PA: Toole Design aligned the City’s Safe Routes to School program, Safe Routes Philly, with its Vision Zero program and revamped Philadelphia’s child safety educa- tion program to include age-appropriate educational resources and safety messages for elementary and high school students. As part of this effort Toole Design developed bicycle and pedestrian safety lesson plans and teaching materials for students in grades K-1, 2-3, and 4-5, parent/caregiver tip sheets to reinforce core pedestrian safety lessons and encourage practice at home, a Safe Routes Philly Activity Book, which is designed for children ages 8-11 and aimed at reinforcing an understanding of critical safety lessons for independent walking and bi- cycling, a Do-It-Yourself Traffic Garden Guide for pop-up and temporary installations, high school transportation lessons that introduce more complex thinking on historical transportation practice and how com- munity transportation systems are designed and Safe Routes to School Video Storyboards to guide the future development of short videos to relay safety messages and encourage walking and bicycling. 40 355
Walk ’n Rollers • Costa Mesa Bicycle Safety Education Program 8 Orange County Safe Routes to School Action Plan | Orange County, CA, Toole Design led the development of Orange County’s first-ever Safe Routes to School Action Plan that involved coordinating a coun- ty-wide stakeholder and community engagement process, working directly with Orange County school districts and schools, develop- ing a multi-pronged communications campaign for the Action Plan project, including developing a website, overseeing social media, and publishing newsletters and project updates, led 10 walk audits at the top prioritized schools and piloted a Safe Routes to School toolkit de- ployment. We also led the development and facilitation of a county- wide Stakeholder Advisory Committee, managing over 50 committee members through a participatory strategic planning process.
Anne Arundel Safe Routes to School Safety Training | Anne Arundel County, MD, Toole Design is working with Anne Arundel County to de- velop infrastructure recommendations at 17 elementary schools and pilot a safety training program at 10 of them. To develop lesson plans for the bicycle and pedestrian safety training program, Toole Design staff is working closely with a small committee comprised of county staff, school district physical education teachers, and bicycle advo- cates. This has allowed us to tailor a program and lesson structure that would fit within the school’s elementary school education and logistical needs, while also being realistic to implement: Pedal Power Kids, a small non-profit organization, will be piloting the safety train- ing program at Anne Arundel County Public Schools in September and October of 2023.
The pedestrian safety lessons are designed for very young children in kindergarten through second grade, and rely on reading and an ac- companying felt board activity, followed by a walk outside to practice safety skills. The bicycle safety lessons were conducted entirely within the school gymnasium and will cover helmet safety, stopping and starting, entering the road, and looking over the shoulder. The lesson structure can be adapted and implemented for all 90+ schools in the school district over the course of a 3-year rotating schedule.
QUALITY ASSURANCE/QUALITY CONTROL:
Walk ’n Rollers and Toole Design have distinguished track records of working on highly complex and successful projects that satisfy project goals, timelines and established budgets. Key to this success is clear and consistent communications amongst all partners and team mem- bers. Regular meetings, well documented with follow up notes and task lists help all stakeholders stay abreast of project activities with an aim to avert problems before they arise. Our proposed Task Force, in addition to monthly team meetings, will allow for opportunities for input every step of the way.
Project milestones, goals and progress will be tracked in a bar chart accompanied by a deliverables schedule and timeline updated regu- larly. All program materials will be saved online and accessible by all appropriate stakeholders.
Program Administration
Work Plan
Walk ’n Rollers will lead all program administration, contracting, and quality control. At the start of the program year, we will develop a detailed work plan and production schedule that clarifies roles and responsibilities, shows review and revision timelines, and tracks prog- ress towards goals. We will review the work plan with the City of Costa Mesa Project Manager during ongoing check-in meetings. We will de- velop a quality assurance/quality control (QA/QC) procedure to ensure that work completed by our subconsultant meets our high standards for quality. Walk 'n Rollers will prepare monthly invoices and progress reports that shows tasks and deliverables completed, budget status for all tasks, and direct expenses spent. The Walk 'n Roller Team will complete twice annual contract performance assessments.
Walk ’n Rollers takes great strides to provide an efficient and productive Work Plan. All team members are in constant communication internally and with stakeholders to insure we are meeting the projects goals and timelines. Each project is assigned a specific job number that allows us to easily track time and expenses internally. Weekly internal staff meetings on all Walk ’n Rollers’ projects allows us to make adjustments and shift re- sources as necessary to where they are needed most and avert potential crises. Monthly team meetings and open communications throughout the project’s duration allow us to receive input from all team members on all tasks further allowing us to adapt as the project changes.
Quality Control
Walk ’n Rollers is proud of our track record on delivery of high quality, highly effective programming. Executive Director Jim Shanman is involved in most stages of planning and delivery of each task insur- ing a consistent level of quality throughout the project. Our regular meetings and on-site management keep us on task and on target.
Simply put, we aim for our best at every stage of every task, from the first stakeholder meeting to the final project report, from community events to education programming.
Cost Control
Walk ’n Rollers utilizes QuickBooks, an accounting system which allows us to track and report on every job at Walk ’n Rollers. Once information is input we can easily generate reports that include staff hours, expenses and receivables. Knowing how complicated projects can be, we maintain extensive spreadsheets for easy tracking of job details and refer to them regularly to make sure we are on budget ev- ery step of the way. For example, for our project in Culver City (4 years $500,000), we maintained spreadsheets that tracked all expenses for 34 tasks as well as the monthly expense report required by CalTrans. 41 356
Walk ’n Rollers • Costa Mesa Bicycle Safety Education Program 9 WnR Project Timeline: Cotsa Mesa Bicycle Safety Education WnR Project Timeline: Cotsa Mesa Bicycle Safety Education WnR Project Timeline: Cotsa Mesa Bicycle Safety Education 2023
2023
2024
Project Schedule
Key Party
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
June
July
Aug
Sept
Oct
Nov
Dec
Jan
Feb
Mar
April
May
June
July
Meetings, Coord
Phase I
Phase II
Phase III
(Recommended)
Recommended
Optional
Quality Assurance and Control
LCI Seminar - OPTIONAL
Summary Report
Kickoff
WnR
Monthly Team Meetings
WnR
Quarterly Task Force Meetings
Curriculum Development
T oole
Curriculum Approval
T oole
Curriculum Revise, Finalize
T oole
WnR
Procurring materials
WnR
Rollout of Classes (1 yr timeline)
WnR
Pilot Programs
WnR
Rollout of Classes (
)
WnR
LCI Seminar (
)
WnR
Planning, coordination
WnR
Invoicing
WnR
Reports
Planning
WnR
Hosting
WnR
Data Collection
WnR, Toole
Summary Report
WnR
Coord w/ City and District on material p
WnR
42 357
Walk ’n Rollers • Costa Mesa Bicycle Safety Education Program 10 43
358
EXHIBIT C
PROPOSED FEE AGREEMENT
44 359
Walk 'n Rollers Fee Proposal
Costa Mesa: BICYCLE SAFETY EDUCATION PROGRAM FOR TWENTY SCHOOLS RFP NO. 23-23 Optional Items
Task
Walk 'n Rollers Tool Design Materials
Lead Instructor Total Cost
Hourly Rates $150.00 HRS $100.00 HRS $75.00 HRS $50.00 HRS $220.00 HRS $175.00 HRS $160.00 HRS $120.00 HRS Administration/Meetings
PHASE Ill - Conduct Bicycle Safety Education Classes Using Trained Instructors at 20 Schools.
Total Hrs
Total Project Cost Estimate Walk N Rollers Labor Cost: $86,925.00 Toole Design Labor Cost: $31,700.00 $149,967 Jim Shanman Chinnaly Sayarath
Administration $300.00 2 $0.00 $1,800.00 $220.00 $640.00 Team Meetings, Monthly, 18 months $1,350.00 9 $900.00 9 $700.00 $640.00 $1,350.00 9 $900.00 9
$300.00 $600.00 $100.00 $220.00 $350.00 $800.00
$300.00 $200.00 $100.00 $350.00 $800.00
$300.00 $200.00 $100.00
$300.00 $220.00 $1,050.00 $2,560.00 $1,920.00
$300.00 $220.00 $1,050.00 $1,600.00 $480.00
$23,220.00
$450.00 $1,500.00 $500.00 $440.00 $700.00 $640.00 $240.00 $450.00 $1,500.00 20 $440.00 2 $3,500.00 20 $5,440.00 34 $6,480.00 54 $450.00 3 $500.00 $28,342.00
$51,572.00
$1,500.00 10 $650.00 $375.00 5 $500.00
$33,200.00 $33,375.00
$600.00 $1,100.00 $375.00 $500.00
$75,175
Task Force Meetings, every other month, 9 months (combined with Brenda Yancor Imelda Romero Diane Lambert Trevor Lien Sonia Haeckel 36 1 4 $2,960.00
4 $3,590.00
$2,250.00
$2,370.00
$1,750.00
$600.00
$6,050.00
$3,650.00
$4,470.00
$17,810.00
$29,292.00
$3,025.00
$66,575.00
Outreach, Promotion 4 11 5 10 $2,575.00
$3,000.00
53 378 495 46 7 40 82 76
$7,950.00 $37,750.00 $37,125.00 $4,100.00 $1,760.00 $7,700.00 $13,120.00 $9,120.00 $31,342.00 Activity Books from I'm Safe for elementary and Middle School 15,000 Costa Mesa Bicycle fleet (50 bikes, scooters, signs, cones, + Trailer) 15,000 Instructional and/or promotional videos 10,000
Project Lead
PHASE I: Develop Educational Curriculum Geared Toward a School-aged Audience.
PHASE II: Develop Training Materials for Bicycle Education Classes Total Costs
Instructors/Staff Administrative Asst. Principal Project Assistant Toole Project Lead Graphic Designer Total Phase I
Total Phase II
Total Phase III
check
4 Curriculum Development: Kids Bike Skills 2 6 2 1 2 5
Curriculum Development: Family Safe Cycling 2 2 2 2 5
Curriculum Development: Adult Smart Cycling 2 2 2
Design, Production of materials (materials list TBD) 2 1 6 16 16 Finalization, approvals, print production (materials list TBD) 2 1 6 10 4 3 20 10 2 4 4 2
3 10
Coordination 6.5 10
Delivery of Classes 2 classes at 20 schools, + 6 Smart
Cycling Classes 46 classes/workshops total) 332 445
Printing of promotional materials $3,000.00
$149,967.00
LCI Seminar (LAB's Fees, Instruction, Materials, Staff
Time) 10,000
Coordination: Oversight of materials to be produced, coordin Design, production: Creative development, print production a Procurement: Helmets, lights, reflective gear, booklets, manu 45 360
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1428 Meeting Date: 11/7/2023
TITLE:
REJECT ALL BIDS - ADAMS AVENUE AND PINECREEK DRIVE INTERSECTION PROJECT, FEDERAL PROJECT NO. CML-5312(104), CITY PROJECT NO. 23-01 DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5633 RECOMMENDATION:
Staff recommends the City Council reject all bids for the Adams Avenue and Pinecreek Drive Intersection Project, Federal Project No. CML-5312(104), City Project No. 23-01, and direct staff to re -advertise the project.
BACKGROUND:
The Adams Avenue and Pinecreek Drive Intersection Project is an approved Capital Improvement Program (CIP) project. It provides multi-modal intersection improvements at the intersection of Adams Avenue and Pinecreek Drive which encourages bicycling and improved mobility per the City’s approved Active Transportation Plan (ATP).
The multi-modal improvements at the intersection of Adams Avenue and Pinecreek Drive were designed to include removal of existing right turn slip lanes, slurry seal improvements, new Class 1 bicycle facilities, bicycle and pedestrian ramps, new signalized crosswalk on the west leg of the intersection, traffic signal modifications, new pavement striping and markings consisting of green thermoplastic conflict zones, a bicycle box, and high visibility crosswalks.
ANALYSIS:
Staff received two (2) bids for this project during the bid opening on September 11, 2023. The bid analysis is shown as Attachment 1.
The apparent low bidder, Gentry General Engineering, Inc., submitted a bid of $2,788,641, which was significantly higher than the Engineer’sestimate. Staff recommends that all bids be rejected and the project to be re-advertised.
Re-advertisement of the project will allow staff the opportunity to re-evaluate current construction prices, re-evaluate the scope of work, and allow other potential bidders to submit bids.
361
File #: 23-1428 Meeting Date: 11/7/2023
ALTERNATIVES:
The alternative would be to reject the staff’srecommendation and award to the low bidder, Gentry General Engineering, Inc. Staff does not recommend this alternative since the funding required for the low bidder is significantly higher than the allotted budget and Engineer’s estimate.
FISCAL REVIEW:
There is no fiscal review since this item is administrative in nature.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this agenda report and approves it as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
CONCLUSION:
Staff recommends the City Council reject all bids for the Adams Avenue and Pinecreek Drive Intersection Project, Federal Project No. CML-5312(104), City Project No. 23-01, and direct staff to re -advertise the project.
362
City Total Base Bid
$1,781,294.00ENGINEER'S ESTIMATE
Bidder
1. GENTRY GENERAL ENGINEERING
2. EXCEL PAVING
BID OPENING RESULTS: SEPTEMBER 11, 2023
PUBLIC WORKS DEPARTMENT
ADAMS AVENUE AND PINECREEK DRIVE INTERSECTION PROJECT
FEDERAL PROJECT NO. CML-5312(104), CITY PROJECT NO. 23-01
CITY OF COSTA MESA
ATTACHMENT 1
Rancho
Cucamonga $2,788,641.00
Long Beach $3,678,875.00
363
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1433 Meeting Date: 11/7/2023
TITLE:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING TITLE 9 (LICENSES AND BUSINESS REGULATIONS) OF THE COSTA MESA
MUNICIPAL CODE BY ADDING CHAPTER II (REGULATION OF CERTAIN BUSINESSES, ARTICLE 24 (JUST CAUSE RESIDENTIAL TENANT PROTECTIONS)
DEPARTMENT: CITY MANAGER’S OFFICE, ECONOMIC AND DEVELOPMENT
SERVICES DEPARTMENT
PRESENTED BY: JENNIFER LE, DIRECTOR, ECONOMIC AND DEVELOPMENT
SERVICES AND NATE ROBBINS, NEIGHBORHOOD IMPROVEMENT MANAGER CONTACT INFORMATION: NATE ROBBINS, NEIGHBORHOOD IMPROVEMENT MANAGER, (714) 754-5274
RECOMMENDATION:
1. Introduce and give first reading, waiving further reading, to Ordinance No. 2023-XX Amending Title 9 (Licenses and Business Regulations) of the Costa Mesa Municipal Code by Adding Chapter II (Regulation of Certain Businesses), Article 24 (Just Cause Residential Tenant Protections) and/or adopt Ordinance No. 2023-XX, an Urgency Ordinance Amending Title 9 (Licenses and Business Regulations) of the Costa Mesa Municipal Code by Adding Chapter II (Regulation of Certain Businesses), Article 24 (Just Cause Residential Tenant Protections).
2. Appropriate a total of $300,000 from uncommitted American Rescue Plan Funds (ARPA) to provide supplemental rental assistance to households facing no-fault just cause eviction, and authorize the City Manager, City Attorney, and City Clerk to approve and execute new or amended agreements with existing program providers.
3. Allocate $250,000 from uncommitted ARPA funds to the Law Offices of Jones Mayer, increasing the scope of the contract to include eviction and rental-related legal services, including but not limited to court filings, to enforce the eviction protection provisions of the Costa Mesa Municipal Code regarding unlawful acts in connection with no-fault just cause evictions.
4. Approve the addition of three (3) Full Time Equivalent (FTE) staff positions to implement, monitor, and enforce the subject Ordinance, with an additional FTE at the discretion of the City Manager. The staff positions include one Community Outreach Worker in the Neighborhood Improvement Division, one (1) Senior Planner, and one (1) Code Enforcement Officer II in the Economic and Development Services Department. Appropriation authority is requested at an estimated $300,000 for the remainder of the fiscal year from uncommitted ARPA (American Rescue Plan Act) Funds to cover the fiscal impact of the additional positions.
364
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
Item #: 23-1224 Meeting Date: 11/07/2023
TITLE:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING TITLE 9 (LICENSES AND BUSINESS REGULATIONS) OF THE COSTA MESA
MUNICIPAL CODE BY ADDING CHAPTER II (REGULATION OF CERTAIN BUSINESSES, ARTICLE 24 (JUST CAUSE RESIDENTIAL TENANT PROTECTIONS)
DEPARTMENT: CITY MANAGER’S OFFICE, ECONOMIC AND DEVELOPMENT
SERVICES DEPARTMENT
PRESENTED BY: JENNIFER LE, DIRECTOR, ECONOMIC AND DEVELOPMENT SERVICES
AND NATE ROBBINS, NEIGHBORHOOD IMPROVEMENT MANAGER
CONTACT INFORMATION: NATE ROBBINS, NEIGHBORHOOD IMPROVEMENT MANAGER (714) 754-5274
RECOMMENDATION:
1. Introduce and give first reading, waiving further reading, to Ordinance No. 2023-XX Amending Title 9 (Licenses and Business Regulations) of the Costa Mesa Municipal Code by Adding Chapter II (Regulation of Certain Businesses), Article 24 (Just Cause Residential Tenant Protections) and/or adopt Ordinance No. 2023 -XX, an Urgency Ordinance Amending Title 9 (Licenses and Business Regulations) of the Costa Mesa Municipal Code by Adding Chapter II ( Regulation of Certain Businesses), Article 24 (Just Cause Residential Tenant Protections).
2. Appropriate a total of $300,000 from uncommitted American Rescue Plan Funds (ARPA) to provide supplemental rental assistance to households facing no -fault just cause eviction, and authorize the City Manager, City Attorney, and City Clerk to approve and execute new or amended agreements with existing program providers.
3. Allocate $250,000 from uncommitted ARPA funds to the Law Offices of Jones Mayer, increasing the scope of the contract to include eviction and rental-related legal services, including but not limited to court filings, to enforce the eviction protection provisions of the Costa Mesa Municipal Code regarding unlawful acts in connection with no-fault just cause evictions.
4. Approve the addition of three (3) Full Time Equivalent (FTE) staff positions to implement, monitor, and enforce the subject Ordinance, with an additional FTE at the discretion of the City Manager. The staff positions include one Community Outreach Worker in the Neighborhood Improvement Division, one (1) Senior Planner, and one (1) Code Enforcement Officer II in the Economic and Development Services Department. Appropriation authority is requested at an estimated $300,000 for the remainder of the fiscal year from uncommitted ARPA (American Rescue Plan Act) Funds to cover the fiscal impact of the additional positions.
365
Item #: 23-1224 Meeting Date: 11/07/2023
BACKGROUND:
Assembly Bill 1482
On October 8, 2019, the Governor of California signed into law Assembly Bill 1482 (AB1482), otherwise known as the Tenant Protection Act of 2019. In summary, AB1482 prohibits owners of residential real property from evicting a tenant without just cause when said tenant has occupied a residential unit for a minimum of 12 consecutive mont hs. AB 1482 further delineates just cause evictions into two separate categories: At-Fault and No-Fault. As their names imply, just cause at-fault evictions are triggered when a tenant performs or fails to perform specific actions that cause an owner to terminate a lease, whereas no-fault just cause evictions are actions taken by the owner to terminate a lease absent any wrongdoing by the tenant.
AB-1482 allows owners to issue an at-fault just cause eviction for any of the following:
Failure to pay rent
Breach of a material term of the lease
Allowing or causing a nuisance
Committing waste
Failure to execute an extension upon expiration of the lease Criminal activity
Subletting in violation of the lease
Failure to allow the owner to enter the real property Using the property for an unlawful purpose
An employee or agent of the owner fails to vacate upon being terminated Failure of tenant to surrender the property after providing written notice of their intent to surrender Further, AB-1482 allows owners to issue a no-fault just cause eviction for any of the following:
Intent to occupy the property by the owner or an immediate family member Withdrawal of the property from the rental market
Complying with an order from a government agency, court, or ordinance Intent to demolish or substantially rehabilitate the property o “Substantially rehabilitate” is defined as the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agen cy - or the abatement of hazardous materials, including lead -based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws – that cannot be reasonably accomplished in a safe manner while allowing the tenant to remain living i n the unit and that requires the tenant to vacate the property for at least 30 consecutive days.
366
Item #: 23-1224 Meeting Date: 11/07/2023
Senate Bill 567
On September 30, 2023, the Governor of California signed into law Senate Bill 567 (SB567), which amends AB1482 to place additional requirements on owners of residential property when issuing no-fault just cause evictions, as well as to prescribe new enforcement mechanisms with respect to the provisions of AB1482 and SB567. Many of the new provisions take effect on April 1, 2024. Speci fically, SB567 will require owners, when issuing a no-fault just cause eviction based on an intent to occupy the property, to move into the property, or have the designated family member do so, within 90 days of the tenant vacating the unit and to maintain occupancy for a minimum period of 12 consecutive months.
Further, SB567 requires owners, when issuing a no -fault just cause eviction for intent to demolish or substantially rehabilitate the property, to provide written notice to tenants informing them of the intent to demolish or substantially rehabilitate the property, a description of the substantial rehabilitation to be completed, approximate estimated duration of the substantial rehabilitation or expected date the property is to be demolished, and a co py of the building permit or permits required to undertake the substantial remodel or demolition, or a copy of the contract for work not requiring any permits.
Lastly, SB567 prescribes new enforcement mechanisms by making an owner who issues a notice of eviction in violation of AB1482 and/or SB567 liable to the tenant in a civil action for damages of up to 3 times the actual damages, in addition to punitive damages.
Both AB1482 and SB567 require owners, when issuing a no -fault just cause eviction for any of the authorized provisions, to notify the tenant in writing of their right to relocation assistance or rent waiver equal to one month of the tenant’s current rent. Relocation assistance must be paid directly to the tenant within 15 days of receiving the notice to vacate. An owner’s failure to comply with the requirements of either Bill renders a notice of tenancy termination void.
Continuation of First Reading
On October 17, 2023, City staff introduced for the first reading a proposed Tenant Protection Ordinance.
The City Council voted to continue the first reading of the proposed Ordinance to a future meeting for additional discussion. Further information regarding this initial meeting can be found here:
Agenda Report
Draft Ordinance
Council Meeting Video
ANALYSIS:
Costa Mesa Rental Housing Data
Costa Mesa has approximately 43,000 housing units; 60 percent of those housing units are renter - occupied and 40 percent are owner-occupied. Of the total number of housing units, 38 percent are single family detached homes, 1 0 percent are single family attached homes (e.g. , townhomes or condominiums), 50 percent are multifamily homes (e.g. , apartment units), and 2 percent are mobile homes.
367
Item #: 23-1224 Meeting Date: 11/07/2023
Approximately 9 percent of Costa Mesa’s housing units were built in the last 15 years, with the majority built between 1960 and 1980. Staff estimates approximately 10 percent of residential properties in Costa Mesa are owned by a corporation or trust, with th e majority owned by individuals. However, more information is needed to determine the number of renter-occupied homes owned by a corporation, as in many cases multiple apartment units would likely be located on a single property.
Costa Mesa Eviction Data
Between July 1, 2023, and October 16, 2023, the City received correspondence from 41 households who were issued a no-fault just cause eviction notice. In the nine (9) days to follow, from October 17, 2023, through October 26, 2023, the City received add itional correspondence from 22 households (79 total individuals including children) who were issued mostly no-fault just cause eviction notices.
More recently, on Friday, October 27th, the C onstituent Services Team was contacted by the Newport Mesa School District’s (NMUSD) School Community Facilitator at Pomona Elementary regarding four (4) homeless families whose children attend Pomona Elementary School. Among the four families, there are a total of 11 children whose ages range from 1 to 18 years old. The two member Constituent Services Team worked with the City’s Neighborhood Improvement Division staff that operates the Costa Mesa Bridge Shelter to arrange for the families to be immediately placed in motels. Below is a table providing the details for each family situation.
It is important to note that the cause of at-fault eviction was due to a default in payment. The rental rate had been increased by 20% since their start of tenancy. The significant spike in the rental rate was untenable based on their monthly income resulting in default of payment. The two families evicted at no- fault were a result of the landlord’s intent to substantially rehabilitate the unit or the property owner’s intent to move into the property.
At least two of the families were living in their vehicles with a total of 12 individuals, nine of whom were children. Others had no livable quarters to move into. At least one family had up to five children.
As a result, the Constituent Services Team worked over the weekend to provide as much assistance as possible, as well as the Community Outreach Supervisor. The City has received requests for assistance from 63 households facing no-fault just cause eviction in the last four (4) months. In addition, within the last year, Code Enforcement received 14 complaints regarding residential evictions; 10 were reportedly Family Eviction Type Current Situation Total Residents
1 At-Fault
Mother living with son in a
motel 2
2 N/A
Mother living with children
in a vehcle 6
3 No-Fault
Mother and son homeless
(couch surfing) 2
4 No-Fault
Parents living with children
in a vehcle 6
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Item #: 23-1224 Meeting Date: 11/07/2023
due to substantial rehabilitation, two reported that owners did not want to make requested repairs and eviction notices were issued and two complaints did not contain sufficient information to determine the reported cause of the eviction.
Lastly, based on the most recent report provided by Legal Aid, in the last 90 days they received 30 housing related complaints from the City of Costa Mesa.
Costa Mesa Tenant Protection Ordinance
In an effort to enhance the provisions outlined in AB-1482 and SB-567 and augment our own system of care, and pursuant to City Council direction, City staff prepared a Tenant Protection Ordinance (Ordinance) to provide support to renters facing no-fault just cause eviction. The proposed Ordinance is identical to the provisions outlined in AB-1482 and SB-567 with three (3) noteworthy enhancements:
1. As prescribed by law, SB -567 goes into effect on April 1, 2024. I n an effort to offer immediate assistance to Costa Mesa residents facing no-fault just cause eviction, the City’s Tenant Protection Ordinance would go into effect 30 days after Council approval, unless the City Council adopts an urgency ordinance, which would then take effect immediately.
2. In addition to the State law provision requiring owners to provide a notice to tenants of their intent to issue a no -fault just cause eviction which contains the information required by law , the Ordinance would require owners to notify the City within three (3) business days after giving notice to their tenant. Failure to properly notify would render a notice to vacate void . A copy of the draft Notice is attached to this report for review.
3. AB-1482 and SB-567 require owners to pay tenants who have been issued a no -fault just cause eviction relocation assistance equal to one month of their current rent or waive the tenant’s final month of rent. The Ordinance would require owners to pay tenants being issued a no -fault just cause eviction relocation benefits equal to two (2) months of Fair Market Rent (FMR) as determined annually by the U.S. Department of Housing and Urban Development (HUD) or waive the tenant’s final two months of rent and, if FMR is higher than the current re nt, make a payment to the tenant to cover the difference.
The following table represents the relocation assistance rates proposed in the Ordinance (i.e., two months of HUD Fair Market Rent):
Zip Code Studio One-Bedroom Two-Bedroom Three-Bedroom
92626 $4,960 $5,280 $6,280 $8,500
92627 $4,240 $4,520 $5,360 $7,260
Procedural Overview and Staffing/Funding Needs
As stated previously, the Ordinance, if approved, will require property owners to notify the City within three (3) business days upon issuing a no-fault just cause eviction. As currently envisioned, these notices would be reviewed by a Community Outreach Worker whose role will be to act as 1) a n objective third- party liaison between owners and tenants to ensure compliance with the noticing requirements of AB - 369
Item #: 23-1224 Meeting Date: 11/07/2023
1482 and SB -567, and case manager to ensure each household facing eviction is connected with available resources to achieve a positive outcome. Based on available data, it is estimated the City could receive as many as 170 no-fault eviction notices over the next 12 months. In order to prioritize the timely review and response to no fault eviction notices, staff dedicated to the implementation and enforcement of the proposed Ordinance are needed. Staff envisions that, initially, one Community Outreach Worker would be hired to fulfill this function. However, staff has requested the City Council authorize ad ding a second Community Outreach Worker depending on caseload and at the discretion of the City Manager.
The fully burdened cost to hire two (2) Community Outreach Workers to accommodate the estimated caseload is $260,000 per year ($130,000 each).
Upon receiving a notice that is out of compliance with State law, the Outreach Worker will work with the property owner to address the lack of compliance or otherwise take appropriate actions to comply with the requirements of SB -567. In cases where the Outreach Worker is unable to make a determination themselves, the notice will be forwarded to a dedicated staff member in the Development Services Department for review and final determination. Cases requirin g field investigations to determine compliance with State law will be forwarded to the Code Enforcement Division for additional follow -up, as needed. As with all investigations of potential violations of the Municipal Code, Code Enforcement staff will work with the City Prosecutor’s office when needed. Regarding staffing, in order to prioritize the timely review and response to no fault eviction notices, Development Services staff dedicated to the implementation and enforcement of the proposed Ordinance are needed. Staff envisions that, initially, a Senior Planner would be hired to fulfill this function. However, staff has requested the City Council authorize adding a second position in Code Enforcement at the discretion of the City Manager and depending on demand for more complex compliance services. The fully encumbered cost to hire a Senior Planner II is $187,000 and the fully encumbered cost to hire a Code Enforcement Officer II is $152,000.
Upon determining a notice is in compliance with State law, the Outreach Worker will work with the household to provide housing navigation and eligibility pre -screening for access to additional financial assistance from one of the City’s authorized rental assistance providers. Staff is requesting an appropriation of $300,000 in uncommitted American Rescue Plan Assistance emergency funds to ensure our providers have the capacity to provide rental assistance to very low-income Costa Mesa households facing evictions. Staff is requesting that the City Council authorize the City Manager, City Attorney and City Clerk to approve and execute n ew agreements and /or amendments to agreements as needed to increase the not -to-exceed amounts for Families Forward and SPIN who provide rental assistance to Costa Mesa families and individuals at risk of homelessness.
As needed, and only in cases when voluntary compliance with State or local law is unable to be achieved, the Outreach Worker , in coordination with the Code Enforcement Division, will refer cases to the City Attorney’s Office for review and potential court filing pertaining to violations of the eviction protection provisions of the Costa Mesa Municipal Code . Expenditures for these legal services will be based on billable hours; as such, no additional staffing is required. The hourly rate for the Law Offices of Jones Mayer is $252 per hour. With a $100,000 appropriation, almost 400 hours of service could be provided.
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Item #: 23-1224 Meeting Date: 11/07/2023
Community Outreach and Education
Upon approval of the Ordinance, City staff will implement a Community Outreach and Education Plan (Plan) to inform both owners and tenants of their rights regarding evictions as well as the resources available to them. The Plan will include:
Bilingual public education regarding the rights and responsibilities of owners and t enants via the City’s website, social media, printed flyers, workshops, etc. Targeted outreach to owners and tenants of multifamily housing projects Continued education regarding available rental assistance and legal aid resources Community partner outreac h to schools, stakeholders, apartment associations, nonprofits, service providers, etc.
ALTERNATIVES:
1. The City Council can elect to adopt an Emergency Ordinance to help mitigate the number of future no fault just cause evictions as soon as possible to a void further displacement of families and children, and potential homelessness during the next two months of November and December.
This is being presented as an option given the length of time it would take for the Ordinance to come into effect which is 30 days after the second reading on December 5, 2023, in other words January 4, 2023. This would be particularly difficult for the families but also for staff to manage going into the holiday season. A draft Emergency Ordinance has been attached to this item to allow for immediate passage if the Council deems preferable.
2. The City Council can elect to reduce the amount of Relocation Assistance required to be paid by owners issuing a no-fault just cause eviction from two (2) months of FMR to one (1) month of FMR.
3. The City Council can elect to forgo adopting a Tenant Protec tion Ordinance, which would cause evictions in Costa Mesa to only follow the provisions outlined in AB -1482 and (beginning April 1, 2024) SB -567. Enforcement of eviction laws would continue to rely on owners and/or evicted tenants filing civil litigation cases ultimately decided by the court system.
FISCAL REVIEW:
There is no fiscal impact to the adoption of the proposed Tenant Protection Ordinance. The annual impact for the requested full-time positions is estimated at $600,000, however the cost for the remainder of the current fiscal year is $300,000. The Law Offices of Jones Mayer fiscal impact is estimated at $250,000.
City staff is requesting to commit the available ARPA funds for both the positions and the contract increase.
At this time, there are $3.5 million of uncommitted ARPA funds available for this service to our community.
LEGAL REVIEW:
The City Attorney’s office has reviewed this report and approved it as to form.
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Item #: 23-1224 Meeting Date: 11/07/2023
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
Diversify, Stabilize, and Increase Housing to Reflect Community Needs
CONCLUSION:
1. Introduce and give first reading, waiving further reading, to Ordinance No. 2023-XX Amending Title 9 (Licenses and Business Regulations) of the Costa Mesa Municipal Code by Adding Chapter II (Regulation of Certain Businesses), Article 24 (Just Cause Residential Tenant Protections) and/or adopt Ordinance No. 2023 -XX, an Urgency Ordinance Amending Title 9 (Licenses and Business Regulations) of the C osta Mesa Municipal Code by Adding Chapter II (Regulation of Certain Businesses), Article 24 (Just Cause Residential Tenant Protections).
2. Appropriate a total of $300,000 from uncommitted American Rescue Plan Funds (ARPA) to provide supplemental rental assistance to households facing no -fault just cause eviction, and authorize the City Manager, City Attorney, and City Clerk to approve and execute new or amended agreements with existing program providers.
3. Allocate $250,000 from uncommitted ARPA funds to the Law Offices of Jones Mayer, increasing the scope of the contract to include eviction and rental-related legal services, including but not limited to court filings, to enforce the eviction protection provisions of the Costa Mesa Municipal Code regarding unlawful acts in connection with no-fault just cause evictions.
4. Approve the addition of three (3) Full Time Equivalent (FTE) staff positions to implement, monitor, and enforce the subject Ordinance, with an additional FTE at the discretion of the City Manager. The staff positions include one Community Outreach Worker in the Neighborhood Improvement Division, one (1) Senior Planner, and one (1) Code Enforcement Officer II in the Economic and Development Services Department. Appropriation authority is requeste d at an estimated $300,000 for the remainder of the fiscal year from uncommitted ARPA (American Rescue Plan Act) Funds to cover the fiscal impact of the additional positions.
372
ATTACHMENT 1
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA AMENDING TITLE 9 (LICENSES AND
BUSINESS REGULATIONS) OF THE COSTA MESA MUNICIPAL
CODE BY ADDING CHAPTER II (REGULATION OF CERTAIN
BUSINESSES, ARTICLE 24 (JUST CAUSE RESIDENTIAL
TENANT PROTECTIONS)
WHEREAS, The California Legislature adopted the Tenant Protection Act of 2019 (Civil Code section 1946.2 , et seq., the “Act”) which, as of January 1, 2020, provides “just cause” eviction protections to qualifying tenants of certain residential real property , and amended the Act pursuant to SB 567 in 2023 to add additional requirements to take effect on April 1, 2024 ; and
WHEREAS, The Act, in subsec tion (g)(1)(B) ((i)(1)(B) of Civil Code Section 1946.2 as amended), states that a local ordinance requiring “just cause” for landlords to terminate a residential tenancy is valid and will prevail over the Act so long as the just cause eviction protections in the local ordinance are consistent with the Act and, so long as the ordinance, as supported by binding legislative findings of the local government, is “more protective” than the Act by: further limiting the reasons for terminating a residential tenancy , providing for higher relocation assistance, or providing additional tenant protections that are not otherwise prohibited by law; and
WHEREAS, The City of Costa Mesa (“City”) is a California General Law city with broad “police powers” vested in municipalities by California’s Constitution, pursuant to which the City may make and enforce laws necessary to protect and preserve the health, safety, and general welfare of its residents; and
WHEREAS, Pursuant to this broad authority and express authorization in the Act, the City Council for the City of Costa Mesa (“City Council”) finds it necessary and appropriate to adopt a local ordinance establishing “just cause” eviction protections that are both consistent with the just cause projections of the Act and “more protective” than the Act in specified circumstances; and
WHEREAS, Based upon all matters presented to it in connection with its consideration of this ordinance, the City Council finds and declares that the legislative findings and declarations made herein are true, correct, and binding, and that all legal prerequisites to the adoption of this ordinance have been duly performed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 9 (LICENSES AND BUSINESS REGULATIONS) of the Costa Mesa Municipal Code is hereby amended by adding Chapter II (REGULATION OF CERTAIN BUSINESSES, ARTICLE 24 (JUST CAUSE RESIDENTIAL TENANT PROTECTIONS) to read as follows:
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ORDINANCE NO. XXXX
CHAPTER II
ARTICLE 24. JUST CAUSE RESIDENTIAL TENANT PROTECTIONS.
Section 9-400 Findings and Purpose
Section 9-401 Definitions
Section 9-402 Just Cause Required for Terminating a Residential Tenancy; Just Cause Defined
Section 9-403 Notices to Terminate a Tenancy for Curable Lease Violations and No-Fault Just Cause
Section 9-404 Relocation Assistance; Specified Circumstances Section 9-405 Notice to Tenants of California Limits on Rent Increases
Section 9-406 Exclusions from Article
Section 9-407 Waiver of Rights Ineffective
Section 9-408 Violations and Enforcement
Section 9-400 Findings and Purpose.
In compliance with subdivision (g)(1)(B) of California Civil Code Section 1946.2 ((i)(1)(B) of section 1946.2 of the California Civil Code effective April 1, 2024) , the City Council for the City of Costa Mesa finds and declares that:
A. The provisions of this Article requiring “just cause” for termination of a residential tenancy are consistent with Section 1946.2 of the Civil Code; and
B. The provisions of this Article are more protective than Section 1946.2 of the Civil Code by providing for higher relocation assistance and the imposition of civil penalties in specified circumstances, and by including additional tenant protections that are not prohibited by any other provision of law.
Section 9-401 Definitions.
In addition to the terms and phases otherwise defined in this Article, the following terms shall have the meaning given:
“Fair Market Rent” shall mean the Department of Housing and Urban Development Final Fair Market Re nts Documentation System for the Santa Ana - Anaheim-Irvine, CA HUD Metro FMR Area, FMRs for All Bedroom Sizes, for the fiscal year in which the action is taken.
"Owner” includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner, except that this term does not include the owner or operator of a mobile home park, or the owner of a mobile home or his or her agent.
"Residential real property" includes any dwelling or unit that is intended for human habitation.
"Tenancy" means the lawful occupation of residential real property and includes a lease or sublease, and “tenant” means an individual in lawful occupation of residential real property and includes a lease or sublease.
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ORDINANCE NO. XXXX
Section 9-402 Just Cause Required for Terminating a Residential Tenancy; Just Cause Defined.
A. Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuous ly and lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied:
1. All of the tenants have continuously and lawfully occupied the residential real property for 12 months or more.
2. One or more tenants have continuously and lawfully occupied the residential real property for 24 months or more.
B. For purposes of this Article, "just cause" includes either at-fault just cause or no- fault just cause:
1. “At-fault just cause” includes any of the following:
a. Default in the payment of rent.
b. A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the California Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
c. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
d. Committing waste as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
e. The tenant had a written lease that terminated on or after January 1, 2020, or January 1, 2022, if the lease is for a tenancy in a mobilehome , and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this Article or any other provision of law.
f. Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the California Penal Code, on or off the residential real property, that is directed at any owner or agent of the owner of the residential real property.
g. Assigning or subletting the premises in violation of the tenant's lease, as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
h. The tenant's refusal to allow the owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of the California Civil Code, and Sections 13113.7 and 17926.1 of the California Health and Safety Code. 375
ORDINANCE NO. XXXX
i. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
j. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or licensee as described in paragraph (1) of Section 1161 of the California Code of Civil Procedure.
k. When the tenant fails to deliver possession of the residential real property after providing the owner written notice as provided in Section 1946 of the California Civil Code of the tenant's intentio n to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the California Code of Civil Procedure.
2. “No-fault just cause” includes any of the following:
a.(i) Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents for a minimum of 12 continuous months as that person’s primary residence.
(ii) For leases entered into on or after July 1, 2020, or July 1, 2022, if the lease is for a tenancy in a mobilehome, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. A ddition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed -term lease constitutes a similar provision for the purposes of subparagraph e of paragraph B.1.
(iii) This subparagraph does not apply if the intended occupant occupies a rental unit on the property or if a vacancy of a similar unit already exists at the property. (iv) The written notice terminating a tenancy for a just cause pursuant to this subparagraph shall contain the name or names and relationship to the owner of the intended occupant. The written notice shall additionally include notification that the tenant may request proof that the intended occupant is an owner or related to the owner a s defined in subclause (ii) of clause (viii). The proof shall be provided upon request and may include an operating agreement and other non-public documents.
(v) Clause (i) applies only if the intended occupant moves into the rental unit within 90 days after the tenant vacates and occupies the rental unit as a primary residence for at least 12 consecutive months.
(vi) (I) If the intended occupant fails to occupy the rental unit within 90 days after the tenant vacates or fails to occu py the rental unit as their primary residence for at least 12 consecutive months, the owner shall offer the unit to the tenant who vacated it at the same rent and lease terms in effect at the time the tenant vacated and shall reimburse the tenant for reasonable moving expenses incurred in excess of any relocation assistance that was paid to the tenant in connection with the written notice. (II) If the intended occupant moves into the rental unit within 90 days after the tenant vacates, but dies before having occupied the rental unit as a primary residence for 12 months, as required by clause (vi), this will not be considered a failure to comply with this section or a material violation of this section by the owner as provided in section 9-408. (vii) For a new tenancy by someone other than the “intended occupant” commenced during the time periods described in clause (v), the accommodations shall be offered and rented or leased at the lawful rent in effect at the time any notice of termination of tenancy is served.
(viii) As used in this subparagraph B.2.a:
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ORDINANCE NO. XXXX
(I) “Intended occupant” means the owner of the residential real property or the owner’s spouse, domestic partner, child, grandchild, parent, or grandparent, as described in clause (i).
(II) “Owner” means any of the following:
(a) An owner who is a natural person that has at least a 25 -percent recorded ownership interest in the property.
(b) An owner who is a natural person who has any recorded ownership interest in the property if 100 percent of the recorded ownership is divided among owners who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild. (c) An owner who is a natural person whose recorded interes t in the property is owned through a limited liability company or partnership. (III) For purposes of subclause (II), “natural person” includes any of the following:
(a) A natural person who is a settlor or beneficiary of a family trust. (b) If the property is owned by a limited liability company or partnership, a natural person with a 25 -percent ownership interest in the property.
(IV) “Family trust” means a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild. (V) “Beneficial owner” means a natural person or family trust for whom, directly or indirectly and through any contract arrangement, und erstanding, relationship, or otherwise, and any of the following applies:
(a) The natural person exercises substantial control over a partnership or limited liability company.
(b) The natural person owns 25 percent or more of the equity interest of a partnership or limited liability company.
(c) The natural person receives substantial economic benefits from the assets of a partnership.
b. Withdrawal of the residential real property from the rental market.
c. The owner complying with any of the following:
(i) An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.
(ii) An order issued by a government agency or court to vacate the residential real property.
(iii) A local ordinance that necessitates vacating the residential real property.
d.
(i) Intent to demolish or to substantially remodel the residential real property.
(ii) For purposes of this subparagraph, “substantially remodel” means either of the following that cannot be reasonably accomplished in a safe manner that allows the tenant to remain living in the place and that requires the tenant to vacate the residential real property for at least 30 consecutive days:
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ORDINANCE NO. XXXX
(I) The replacement or substantial modification of any structural, ele ctrical, plumbing, or mechanical system that requires a permit from a governmental agency.
(II) The abatement of hazardous materials, including lead -based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws. (iii) For purposes of this subparagraph, a tenant is not required to vacate the residential real property on any days where a tenant could continue living in the residential real property without violating health, safety, and habitability codes and laws.
Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial remodel.
(iv) A written notice terminating a tenancy for a just cause pursuant to this subparagraph shall include all of the following information:
(I) A statement informing the tenant of the owner’s intent to demolish the property or substantially remodel the rental unit property.
(II) The following statement:
“If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the owner of your acceptance of the offer.” (III) A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with one of the following:
(i) A copy of the permit or permits required to undertake the substantial remodel or demolition.
(ii) Only if a notice is issued pursuant t o subclause (II) of clause (ii) and the remodel does not require any permit, a copy of the signed contract with the contractor hired by the owner to complete the substantial remodel, that reasonably details the work that will be undertaken to abate the hazardous materials as described in subclause (II) of clause (ii).
(IV) A notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant’s interest in reoccupying the rental unit following the substantial remodel and provide to the owner the tenant’s address, telephone number, and email address.
C. Before an owner of residential real property issues a notice to terminate a tenancy for no-fault just cause described in paragraph B.2.d of this section, the owner shall have obtained all necessary permits for the demolition or remodeling work from all applicable governmental agencies. In the case of a permit issued by the City, the permit issuance will be conditioned upon the owner providing a complete list of all tenants whose tenancies will be terminated in connection with the permitted work.
378
ORDINANCE NO. XXXX
D. An owner of residential property who has issued a notice to terminate a tenancy for any no-fault just cause as provided in this Article shall provide notice in writing to the City of Costa Mesa, City Manager [or his or her designee], at 77 Fair Drive, Post Office Box 1200, Costa Mesa, California 92628-1200 within 72 hours of issuing the notice to terminate the tenancy to the tenant.
The notice shall be provided using a form prepared by the City and available on its website.
Section 9-403 Notices to Terminate a Tenancy for Curable Lease Violations and No-Fault Just Cause.
A. Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the lease violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the California Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three -day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.
B. If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall include written notice of the tenant's right to relocation assistance or rent waiver pursuant to Section 9-404 of this Article. If the owner elects to waive the rent for the final month(s) under paragraph A.2. of Se ction 9-404, the notice shall state the amount of rent waived and that no rent is due for the final month (or months) of the tenancy.
C. An owner's failure to strictly comply with section 9-402 or this section shall render the notice of termination void.
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ORDINANCE NO. XXXX
Section 9-404 Relocation Assistance; Specified Circumstances.
A. For a tenancy for which just cause is required to terminate the tenancy under paragraph A. of Section 9-402, if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph B.2 of Section 9-402 (no-fault just cause), the owner shall, regardless of the tenant's income, at the owner's option, do one of the following:
1. Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph C. of this section.
2. Waive in writing the payment of rent in an amount equal to that described in paragraph C. of this section prior to the rent becoming due.
B. If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant in the written termination notice of the tenant’s right to relocation assistance or rent waiver pursuant to this section. If the owner ele cts to waive the rent for the final months of the tenancy as provided in subparagraph 2 of paragraph A, the notice shall state the amount of rent waived and that no rent is due for the final month s of the tenancy as provided in paragraph C. of this section.
C. The amount of relocation assistance or rent wavier shall be equal to two times the Fair Market Rental rate for a unit of similar size, or two months of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy , whichever is greater, with any difference owing to the tenant within 15 calendar days of service of the Notice to Terminate the Tenancy.
D. Any relocation assistance required by this section shall be provided within 15 calendar days of service of the notice to terminate the tenancy.
E. If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section shall be recoverable as damages in an action to recover possession.
F. Notwithstanding the provisions of this section, if it is determined by any government agency or court that the tenant is at fau lt for the condition or conditions triggering the order or need to vacate under paragraph B .2.c of Section 9-402 (owner compliance with court or government order), the tenant shall not be entitled to relocation assistance or rent waiver.
G. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law.
H. An owner's failure to strictly comply with paragraphs A., B., C. and D. of this section shall render the notice of termination void.
Section 9-405 Notice to Tenants of California Limits on Rent Increases.
An owner of residential real property that is subject to this Article shall provide notice to the tenant as follows:
A. For any tenancy commenced or renewed on or after July 1, 2020, as an 380 ORDINANCE NO. XXXX
addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
B. For a tenancy existing prior to July 1, 2020, by written notice to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement.
C. The notification or lease provision shall be in no less than 12 -point type and shall include the following:
"California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information."
D. For a tenancy commenced or renewed after December 15, 2023, the final sentence of the written notice tenant or lease provision shall read as follows: “See Section 1946.2 of the Civil Code and Title 9, Chapter II, Article 24 of the Costa Mesa Municipal Code for more information.”
E. The provision of the notice shall be subject to Section 1632 of the California Civil Code.
F. An owner’s failure to comply with any provision of this section shall render the written termination notice void.
Section 9-406 Exclusions from Article.
This Article shall not apply to the following types of residential real properties or residential circumstances:
A. Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the California Civil Code.
B. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the California Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the California State Department of Social Services.
C. Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
D. Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.
E. Single-family owner -occupied residences, including a residence in which the owner-occupant rents or leases no more than t wo units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit. 381
ORDINANCE NO. XXXX
F. A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
G. Housing that has been issued a certificate of occupancy within the previous 15 years.
H. Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
1. The owner is not any of the following:
(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
(ii) A corporation.
(iii) A limited liability company in which at least one member is a corporation.
(iv) Management of a mobilehome park, as defined in Section 798.2.
2.(i) The tenants have been provided written notice that the residential property is exempt from this Article using the following statement:
"This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation."
(ii) (I) Except as provided in subclause (II), for a tenancy existing before July 1, 2020, the noti ce required under clause (i) may, but is not required to, be provided in the rental agreement.
(II) For a tenancy in a mobile home existing before July 1, 2022, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
(iii) (I) Except as provided in subclause (II), for any tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement.
(II) For any tenancy in a mobile home commenced or renewed on or after July 1, 2022, the notice required under clause (i) shall be provided in the rental agreement.
(iv) Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph e of paragraph 1 of subdivision B. 382
ORDINANCE NO. XXXX
I. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code or comparable federal statutes.
J. This Article shall not apply to a homeowner of a mobile home, as defined in Section 798.9.
Section 9-407 Waiver of Rights Ineffective.
Any waiver of the rights under this Article shall be void as contrary to public policy.
Section 9-408 Violations and Enforcement.
A. An owner who attempts to recover possession of a rental unit in material violation of this Article shall be liable to the tenant in a civil action for all of the following:
1. Actual damages.
2. In the court’s discretion, reasonable attorney’s fees and costs.
3. Upon a showing that the owner has acted willfully or with oppression, fraud, or malice, up to three times the actual damages. An award may also be entered for punitive damages for the benefit of the tenant against the owner.
B. The Attorney General, in the name of the people of the State of California, and the city attorney in the name of the city, may seek injunctive relief based on violations of this section.
C. The City may enforce the provisions of this Article pursuant to Title 1, Chapter II of the Costa Mesa Municipal Code.
SECTION 2. CEQA. This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, the ordinance is exempt from CEQA because there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) The City Clerk may cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 3. SEVERABILITY. The City Council declares that should any provision, section; paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this ordinance shall remain in full force and effect.
SECTION 4. This ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code section 36937.
SECTION 5. The City Clerk of the City of Costa Mesa shall certify to the passage of the ordinance and shall cause the same to be posted in the manner required by law. 383
ORDINANCE NO. XXXX
PASSED AND ADOPTED this ___ day of __________ 2023, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Mayor
ATTEST:
City Clerk
I, ______________, City Clerk of the City of Costa Mesa, California, do hereby certify that the foregoing ordinance was introduced and passed at a regular meeting of the City Council of the City of Costa Mesa held on the ____ day of _______ 2023.
City Clerk
384
ATTACHMENT 2
ORDINANCE NO. XXXX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA AMENDING TITLE 9 (LICENSES
AND BUSINESS REGULATIONS ) OF THE COSTA MESA
MUNICIPAL CODE BY ADDING CHAPTER II (REGULATION OF
CERTAIN BUSINESSES, ARTICLE 24 (JUST CAUSE
RESIDENTIAL TENANT PROTECTIONS) AND DECLARING THE
ORDINANCE TO BE AN EMERGENCY MEASURE TO TAKE
EFFECT IMMEDIATELY UPON ADOPTION
WHEREAS, The California Legislature adopted th e Tenant Protection Act of 2019 (Civil Code section 1946.2 , et seq., the “Act”) which, as of January 1, 2020 , provides “just cause” eviction protections to qualifying tenants of certain residential real property , and amended the Act pursuant to SB 567 in 2 023 to add additional requirements to take effect on April 1, 2024 ; and
WHEREAS, The Act, in subsection (g)(1)(B) ((i)(1)(B) of Civil Code Section 1946.2 as amended), states that a local ordinance requiring “just cause” for landlords to terminate a residential tenancy is valid and will prevail over the Act so long as the just cause eviction protections in the local ordinance are consistent with the Act and, so long as the ordinance, as supported by binding legislative findings of the local government, is “more protective” than the Act by: further limiting the reasons for terminating a residential tenancy, providing for higher relocation assistance, or providing additional tenant protections that are not otherwise prohibited by law; and
WHEREAS, The City of Costa Mesa (“City”) is a California General Law city with broad “police powers” vested in municipalities by California’s Constitution, pursuant to which the City may make and enforce laws necessary to protect and preserve the health, safety, and general welfare of its residents; and
WHEREAS, Pursuant to this broad authority and express authorization in the Act, the City Council for the City of Costa Mesa (“City Council”) finds it necessary and appropriate to adopt a local ordinance establishing “just cause” eviction protections that are both consistent with the just cause projections of the Act and “more protective” than the Act in specified circumstances; and
WHEREAS, Approximately sixty percent (60%) of Costa Mesa residents are renters; and
WHEREAS, Within the last year, Costa Mesa’s Code Enforcement team received fourteen complaints regarding residential evictions, ten of which were reportedly due to substantial rehabilitation, two reported that owners did not want to make requested repairs, so evicted the tenants instead, and two complaints did not contain sufficient info rmation to determine the reported cause of the eviction. In the past 90 days, Legal Aid received thirty housing related complaints. From July 1 to October 16, 2023, 44 units have reported evictions to the City Manager’s Office, 41 of which were “no faul t,” affecting well over 50 tenants. In the ten day period between October 17, 2023 and October 27, 2013, the City has received reports of 23 more no fault evictions affecting over 85 individuals. Three of these no fault evictions have left 14 Costa Mesa residents – 10 of them children – homeless. Over 63 households have requested assistance from the City in the past four months; and
WHEREAS, Rental Property Owners and Managers have been accelerating no -fault 385 ATTACHMENT 2
evictions, in an apparent effort to avoid ad ditional state law requirements scheduled to take effect in April 2024, particularly with respect to alleged rehabilitation needs and converting rental units to family use; and
WHEREAS, a substantial housing crisis already exists in Costa Mesa, especially for middle and lower -income families who are being most heavily affected by no fault evictions, sometimes after decades of tenancy; and
WHEREAS, enacting the additional tenant protections in this ordinance to those contained in the Tenant Protection Act on an urgency basis is necessary to protect the significant number of tenants who are being evicted from their homes through no fault of their own and will receive little or no protection from state law for an additional five months; and
WHEREAS, Based upon all matters presented to it in connection with its consideration of this ordinance, the City Council finds and declares that the legislative findings and declarations made herein are true, correct, and binding, and that all legal prerequisites to the ad option of this ordinance have been duly performed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 9 (LICENSES AND BUSINESS REGULATIONS ) of the Costa Mesa Municipal Code is hereby amended by adding Chapter II (REGULATION OF CERTAIN BUSINESSES, ARTICLE 24 (JUST CAUSE RESIDENTIAL TENANT PROTECTIONS) to read as follows:
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CHAPTER II
ARTICLE 24. JUST CAUSE RESIDENTIAL TENANT PROTECTIONS.
Section 9-400 Findings and Purpose
Section 9-401 Definitions
Section 9-402 Just Cause Required for Terminating a Residential Tenancy; Just Cause Defined
Section 9-403 Notices to Terminate a Tenancy for Curable Lease Violations and No-Fault Just Cause
Section 9-404 Relocation Assistance; Specified Circumstances Section 9-405 Notice to Tenants of California Limits on Rent Increases
Section 9-406 Exclusions from Article
Section 9-407 Waiver of Rights Ineffective
Section 9-408 Violations and Enforcement
Section 9-400 Findings and Purpose.
In compliance with subdivision (g)(1)(B) of California Civil Code Section 1946.2 ((i)(1)(B) of section 1946.2 of the California Civil Code effective April 1, 2024) , the City Council for the City of Costa Mesa finds and declares that:
A. The provisions of this Article requiring “just cause” for termination of a residential tenancy are consistent with Section 1946.2 of the Civil Code; and
B. The provisions of this Article are more protective than Section 1946.2 of the Civil Code by providing for higher relocation assistance and the imposition of civil penalties in specified circumstances, and by including additional tenant protections that are not prohibited by any other provision of law.
Section 9-401 Definitions.
In addition to the terms and phases otherwise defined in this Article, the following terms shall have the meaning given:
“Fair Market Rent” shall mean the Department of Housing and Urban Development Final Fair Market Rents Documentation System for the Santa Ana- Anaheim-Irvine, CA HUD Metro FMR Area, FMRs for All Bedroom Sizes, for the fiscal year in which the action is taken.
"Owner” includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner, except that this term does not include the owner or operator of a mobile home park, or the owner of a mobile home or his or her agent.
"Residential real property" includes any dwelling or unit that is intended for human habitation.
"Tenancy" means the lawful occupation of residential real property and includes a lease or sublease, and “tenant” means an individual in lawful occupation of residential real property and includes a lease or sublease.
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Section 9-402 Just Cause Required for Terminating a Residential Tenancy; Just Cause Defined.
A. Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the resid ential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied:
1. All of the tenants have continuously and lawfully occupied the residential real property for 12 months or more.
2. One or more tenants have continuously and lawfully occupied the residential real property for 24 months or more.
B. For purposes of this Article, "just cause" includes either at-fault just cause or no- fault just cause:
1. “At-fault just cause” includes any of the following:
a. Default in the payment of rent.
b. A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the California Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
c. Maintaining, committing, or permitting the maintenance or commiss ion of a nuisance as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
d. Committing waste as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
e. The tenant had a written lease that terminated on or after January 1, 2020, or January 1, 2022, if the lease is for a tenancy in a mobilehome , and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this Article or any other provision of law.
f. Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the California Penal Code, on or off the residential real property, that is directed at any owner or agent of the owner of the residential real property.
g. Assigning or subletting the premises in violation of the tenant's lease, as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
h. The tenant's refusal to allow the owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of the California Civil Code, and Sections 13113.7 and 17926.1 of the California Health and Safety Code. 388
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i. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
j. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or licensee as described in paragraph (1) of Section 1161 of the California Code of Civil Procedure.
k. When the tenant fails to deliver possession of the residential real property after providing the owner written notice as provided in Section 1946 of the California Civil Code of the tenant's intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the California Code of Civil Procedure.
2. “No-fault just cause” includes any of the following:
a.(i) Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents for a minimum of 12 continuous months as that person’s primary residence.
(ii) For leases entered into on or after July 1, 2020, or July 1, 2022, if the lease is for a tenancy in a mobilehome, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed -term lease constitutes a similar provision for the purposes of subparagraph e of paragraph B.1.
(iii) This subparagraph does not apply if the intended occupant occupies a rental unit on the property or if a vacancy of a similar unit already exists at the property. (iv) The written notice terminating a tenancy for a just cause pursuant to this subparagraph shall contain the name or names and relationship to the owner of the intended occupant. The written notice shall additionally include notification that the tenant may request proof that the intended occupant is an owner or related to the owner as defin ed in subclause (ii) of clause (viii). The proof shall be provided upon request and may include an operating agreement and other non-public documents.
(v) Clause (i) applies only if the intended occupant moves into the rental unit within 90 days after the tenant vacates and occupies the rental unit as a primary residence for at least 12 consecutive months.
(vi) (I) If the intended occupant fails to occupy the rental unit within 90 days after the tenant vacates or fails to occupy t he rental unit as their primary residence for at least 12 consecutive months, the owner shall offer the unit to the tenant who vacated it at the same rent and lease terms in effect at the time the tenant vacated and shall reimburse the tenant for reasonable moving expenses incurred in excess of any relocation assistance that was paid to the tenant in connection with the written notice. (II) If the intended occupant moves into the rental unit within 90 days after the tenant vacates, but dies before having occupied the rental unit as a primary residence for 12 months, as required by clause (vi), this will not be considered a failure to comply with this section or a material violation of this section by the owner as provided in section 9-408. (vii) For a new tenancy by someone other than the “intended occupant” commenced during the time periods described in clause (v), the accommodations shall be offered and rented or leased at the lawful rent in effect at the time any notice of termination of tenancy is served.
(viii) As used in this subparagraph B.2.a:
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(I) “Intended occupant” means the owner of the residential real property or the owner’s spouse, domestic partner, child, grandchild, parent, or grandparent, as described in clause (i).
(II) “Owner” means any of the following:
(a) An owner who is a natural person that has at least a 25 -percent recorded ownership interest in the property.
(b) An owner who is a natural person who has any recorded ownership interest in the property if 100 percent of the recorded ownership is divided among owners who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild. (c) An owner who is a natural person whose recorded interest in the property is owned through a limited liability company or partnership. (III) For purposes of subclause (II), “natural person” includes any of the following:
(a) A natural person who is a settlor or beneficiary of a family trust. (b) If the property is owned by a limited liability company or partnership, a natural person with a 25 -percent ownership interest in the property.
(IV) “Family trust” means a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild. (V) “Beneficial owner” means a natural person or family trust for whom, directly or indirectly and through any contract arrangement, understanding, relationship, or otherwise, and any of the following applies:
(a) The natural person exercises substantial control over a partnership or limited liability company.
(b) The natural person owns 25 percent or more of the equity interest of a partnership or limited liability company.
(c) The natural person receives substantial economic benefits from the assets of a partnership.
b. Withdrawal of the residential real property from the rental market.
c. The owner complying with any of the following:
(i) An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.
(ii) An order issued by a government agency or court to vacate the residential real property.
(iii) A local ordinance that necessitates vacating the residential real property.
d.
(i) Intent to demolish or to substantially remodel the residential real property.
(ii) For purposes of this subparagraph, “substantially remodel” means either of the following that cannot be reasonably accomplished in a safe manner that allows the tenant to remain living in the place and that requires the tenant to vacate the residential real property for at least 30 consecutive days:
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(I) The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency.
(II) The abatement of hazardous materials, including lead -based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws. (iii) For purposes of this subparagraph, a tenant is not required to vacate the residential real property on any days where a tenant could continue living in the residential real property without violating health, safety, and habitability codes and laws.
Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial remodel.
(iv) A written notice terminating a tenancy for a just cause pursuant to this subparagraph shall include all of the following information:
(I) A statement informing the tenant of the owner’s intent to demolish the property or substantially remodel the rental unit property.
(II) The following statement:
“If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the owner of your acceptance of the offer.” (III) A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolishe d, the expected date by which the property will be demolished, together with one of the following:
(i) A copy of the permit or permits required to undertake the substantial remodel or demolition.
(ii) Only if a notice is issued pursuant to subclause (II) of clause (ii) and the remodel does not require any permit, a copy of the signed contract with the contractor hired by the owner to complete the substantial remodel, that reasonably details the work that will be undertaken to abate the hazardous materials as described in subclause (II) of clause (ii).
(IV) A notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant’s interest in reoccupying the rental unit following the substantial remodel and provide to the owner the tenant’s address, telephone number, and email address.
C. Before an owner of residential real property issues a notice to terminate a tenancy for no-fault just cause described in paragraph B.2.d of this section, the owner shall have obtained all necessary permits for the demolition or remodeling work from all applicable governmental agencies. In the case of a permit issued by the City, the permit issuance will be conditioned upon the owner providing a complete list of all tenants whose tenancies will be terminated in connection with the permitted work.
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D. An owner of residential property who has issued a notice to terminate a tenancy for any no-fault just cause as provided in this Article shall provide notice in writing to the City of Costa Mesa, City Manager [or his or her designee], at 77 Fair Drive, Post Office Box 1200, Costa Mesa, California 92628-1200 within 72 hours of issuing the notice to terminate the tenancy to the tenant.
The notice shall be provided using a form prepared by the City and available on its website.
Section 9-403 Notices to Terminate a Tenancy for Curable Lease Violations and No-Fault Just Cause.
A. Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the lease violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the California Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three -day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.
B. If an owner issues a notice to terminate a tenancy for no -fault just cause, the owner shall include written notice of the tenant's right to relocation assistance or rent waiver pursuant to Section 9-404 of this Article. If the owner elects to waive the rent for the final month(s) under paragraph A.2. of Section 9-404, the notice shall state the amount of rent waived and that no rent is due for the final month (or months) of the tenancy.
C. An owner's failure to strictly comply with section 9-402 or this section shall render the notice of termination void.
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Section 9-404 Relocation Assistance; Specified Circumstances.
A. For a tenancy for which just cause is required to terminate the tenancy under paragraph A. of Section 9-402, if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph B.2 of Section 9-402 (no-fault just cause), the owner shall, regardless of the tenant's income, at the owner's option, do one of the following:
1. Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph C. of this section.
2. Waive in writing the payment of rent in an amount equal to that described in paragraph C. of this section prior to the rent becoming due.
B. If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant in the written termination notice of the tenant’s right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the rent for the final months of the tenancy as provided in subparagraph 2 of paragraph A, the notice shall state the amount of rent waived and that no rent is due for the final month s of the tenancy as provided in paragraph C. of this section.
C. The amount of relocation assistance or rent wavier shall be equal to two times the Fair Market Rental rate for a unit of similar size , or two months of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy, whichever is greater, with any difference owing to the tenant within 15 calendar days of service of the Notice to Terminate the Tenancy.
D. Any relocation assistance required by this section shall be provided within 15 calendar days of service of the notice to terminate the tenancy.
E. If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section shall be recoverable as damages in an action to recover possession.
F. Notwithstanding the provisions of this section, if it is determined by any government agency or court that the tenan t is at fault for the condition or conditions triggering the order or need to vacate under paragraph B .2.c of Section 9-402 (owner compliance with court or government order), the tenant shall not be entitled to relocation assistance or rent waiver.
G. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law.
H. An owner's failure to strictly comply with paragraphs A., B., C. and D. of this section shall render the notice of termination void.
Section 9-405 Notice to Tenants of California Limits on Rent Increases.
An owner of residential real property that is subject to this Article shall provide notice to the tenant as follows:
A. For any tenancy commenced or renewed on or after July 1, 2020, as an 393 ORDINANCE NO. XXXX
addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
B. For a tenancy existing prior to July 1, 2020, by written notice to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement.
C. The notification or lease provision shall be in no less than 12 -point type and shall include the following:
"California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously an d lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information."
D. For a tenancy commenced or renewed after December 15, 2023, the final sentence of the written notice tenant or lease provision shall read as follows: “See Section 1946.2 of the Civil Code and Title 9, Chapter II, Article 24 of the Costa Mesa Municipal Code for more information.”
E. The provision of the notice shall be subject to Section 1632 of the California Civil Code.
F. An owner’s failure to comply with any provision of this section shall render the written termination notice void.
Section 9-406 Exclusions from Article.
This Article shall not apply to the following types of residential real properties or residential circumstances:
A. Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the California Civil Code.
B. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the California Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the California State Department of Social Services.
C. Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
D. Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.
E. Single-family owner -occupied residences, including a residence in which the owner-occupant rents or leases no more than t wo units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit. 394
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F. A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
G. Housing that has been issued a certificate of occupa ncy within the previous 15 years.
H. Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
1. The owner is not any of the following:
(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
(ii) A corporation.
(iii) A limited liability company in which at least one member is a corporation.
(iv) Management of a mobilehome park, as defined in Section 798.2.
2.(i) The tenants have been provided written notice that the residential property is exempt from this Article using the following statement:
"This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation."
(ii) (I) Except as provided in subclause (II), for a tenancy existing before July 1, 2020, the not ice required under clause (i) may, but is not required to, be provided in the rental agreement.
(II) For a tenancy in a mobile home existing before July 1, 2022, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
(iii) (I) Except as provided in subclause (II), for any tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement.
(II) For any tenancy in a mobile home commenced or renewed on or after July 1, 2022, the notice required under clause (i) shall be provided in the rental agreement.
(iv) Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph e of paragraph 1 of subdivision B. 395
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I. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code or comparable federal statutes.
J. This Article shall not apply to a homeowner of a mobile home, as defined in Section 798.9.
Section 9-407 Waiver of Rights Ineffective.
Any waiver of the rights under this Article shall be void as contrary to public policy.
Section 9-408 Violations and Enforcement.
A. An owner who attempts to recover possession of a rental unit in material violation of this Article shall be liable to the tenant in a civil action for all of the following:
1. Actual damages.
2. In the court’s discretion, reasonable attorney’s fees and costs.
3. Upon a showing that the owner has acted willfully or with oppression, fraud, or malice, up to three times the actual damages. An award may also be entered for punitive damages for the benefit of the tenant against the owner.
B. The Attorney General, in the name of the people of the State of California, and the city attorney in the name of the city, may seek injunctive relief based on violations of this section.
C. The City may enforce the provisions of this Article pursuant to Title 1, Chapter II of the Costa Mesa Municipal Code.
SECTION 2. CEQA. This ordinance is exempt from the requ irements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, the ordinance is exempt from CEQA because there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) The City Clerk may cause a Not ice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 3. SEVERABILITY. The City Council declares that should any provision, section; paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this ordinance shall remain in full force and effect.
SECTION 4. Emergency Declaration/Effective Date. The City Council declares this Ordinance to be an emergency measure, to take effect immediately upon adoption pursuant to California Government Code section s 36934 and 36937(b). The facts constituting the emergency are as set forth above in the recitals of this ordinance and as follows: A glaring shortage of rental housing exists in the City of Costa Mesa. As new tenant protections have 396 ORDINANCE NO. XXXX
been approved by the State, but will not take effect until April 2024, a large accelerati on of no fault evictions is occurring throughout the City, but primarily in areas where moderate - income to low -income tenants reside. The economic burdens on tenants of no fault evictions in this time of high inflation and housing shortages is creating a public housing and health crisis resulting in irreparable harm to the residents within the City. An emergency measure is necessary to protect the public by implementing additional tenant protection provisions immediately rather than having to wait a minim um of forty-five days for such protections to take effect.
SECTION 5. The City Clerk of the City of Costa Mesa shall certify to the passage of the ordinance and shall cause the same to be posted in the manner required by law. 397
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PASSED AND ADOPTED this ___ day of __________ 2023, by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Mayor
ATTEST:
City Clerk
I, ______________, City Clerk of the City of Costa Mesa, California, do hereby certify that the foregoing urgency ordinance was introduced and passed at a regular meeting of the City Council of the City of Costa Mesa held on the ____ day of _______ 2023.
City Clerk
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Attachment 3
NOTICE OF TERMINATION OF TENANCY
(Intended to be Used for Periodic Tenancies)
(Costa Mesa NTT Form)
To:___________________________________________________________________________________________________(“Tenant”) and any other occupant(s) in possession of the premises located at: __________________________________________(Street Address ) (Unit/Apartment #) _____________(City) _____________________ (State) ________ (Zip Code) _____________________ (“Premises”).
YOUR TENANCY IN THE PREMISES IS TERMINATED AS STATED BELOW. (CHECK THE BOX THAT APPLIES.)
1. APPLICABILITY OF THE TENANT PROTECTION ACT(TPA) OF 2019 & HOMELESS PREVENTION ACT(HPA) OF 2023:
The Property or tenancy IS covered by the TPA/HPA. See paragraph 2.
The Property and tenancy are NOT covered by the TPA. See paragraph 3. ** NOTE: COMPLETE PARAGRAPH 2 OR 3. DO NOT COMPLETE BOTH. **
2. PROPERTIES or TENANCIES COVERED BY THE TPA/HPA: Housing Provider is advised to seek counsel from a qualified attorney before issuing a notice to terminate tenancy.
IF any box in 2A or 2B is CHECKED, paragraph 3 does NOT apply and only the NOTICE checked in paragraph 2A or 2B shall be in effect.
A. Your tenancy, if any, in the Premises is terminated 60 days from service of this Notice, or on _____________ (whichever is later) for the following reason:
(1) Family Move-In. Owner, or owner’s spouse, domestic partner, parents, grandparents, children or grandchildren, intend to occupy the Premises. Tenant has previously agreed that owner may unilaterally terminate the tenancy for such a reason (C.A.R. Form RCJC dated ____________). a. Identify relationship of intended occupant: _____________________________________ b. Name of intended occupant(s): ______________________________________________ c. Intended move-in date (Compliant with CMMC):__________________________________ (2) Owner intends to withdraw the Premises from the rental market. (3) Owner intends to demolish or substantially remodel the Premises. A notice shall include the following:
a. A statement informing the tenant of the owner’s intent to demolish the property or substantially remodel the rental unit property; and
b. A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with the following:
i. Attach a copy of the permit or permits required to undertake the substantial remodel or demolition; or
ii. Attach a copy of the contract for work not requiring permits; and c. A notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant’s interest in reoccupying the rental unit following the substantial remodel and provide to the owner the tenant’s address, telephone number, and email address.
(4) Owner intends to comply with (i) an order of a government agency or court regarding habitability of the Premises, or direction to vacate OR (ii) a local ordinance that mandates the Premises be vacated .
RELOCATION FEES: Whether (1) – (4) applies, the owner shall, regardless of the tenant's income, at the owner's option, do one of the following:
1. Assist the tenant to relocate by providing a direct payment of two times the Fair Market Rent; or
2. Waive in writing the payment of rent for the final two month(s) of tenancy.
The amount of relocation assistance or rent waiver shall be equal to two times the Fair Market Rental rate for a unit of similar size, or two months of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy, whichever is greater, with any difference owing to the tenant.
OR B. Your tenancy, if any, in the Premises is terminated 30 days from service of this Notice, or on ____________ (whichever is later).
Only applies if (i) all tenants have occupied the Premises for less than 12 months OR (ii) at least one tenant has occupied the Premises for less than 12 months and no other tenant has occupied the property for 24 months or more.
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4. If you fail to give up possession by the specified date, a legal action will be filed seeking possession and damages that could result in judgment being awarded against you.
5. State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed.
Housing Provider (Owner or Agent) _____________________________________ Date: ___________________ Housing Provider (Owner or Agent) _____________________________________ Date: ___________________
6. DELIVERY OF NOTICE/PROOF OFSERVICE:
This Notice was served by: ______________________________, on _______________________(date) In the following manner: (if mailed, a copy was mailed at _________________________________(location) on ________________(enter date, if different from the date on first line of this paragraph)) Emailing a notice does not satisfy the requirements of Code of Civil Procedures §§1162(a) or 1162(b).
To comply with state law, service attempts must be done in the following order: A, then B, then C. As an alternative to that procedure, service may be done by completing D, but additional time should be provided to the notice.
A. Personal service. A copy of the Notice was personally delivered to the above named Tenant.
B. NOTE: SUBSTITUTED SERVICE MAY BE USED IF THE TENANT IS ABSENT FROM THE TENANT’S
RESIDENCE OR USUAL PLACE OF BUSINESS
Substituted service. A copy of the Notice was left with a person of suitable age and discretion at the Tenant’s residence or usual place of business and a copy was mailed to the Tenant at the Premises.
C. NOTE: POSTING AND MAILING OF THE NOTICE MAY BE USED ONLY IF THE TENANT’S RESIDENCE OR
USUAL PLACE OF BUSINESS CANNOT BE ASCERTAINED OR IF KNOWN THEN ONLY IF NO PERSON OF SUITABLE AGE AND DISCRETION CAN BE FOUND AT THOSE LOCATIONS.
Post and mail. A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was mailed to the Tenant at the Premises.
D. NOTE: IN THE ALTERNATIVE TO THE ABOVE OPTIONS FOR SERVING THIS NOTICE, A TENANT MAY BE SERVED BY CERTIFIED OR REGISTERED MAIL.
Certified/Registered mail. A copy of the Notice was mailed to the Tenant at the Premises by Certified or Registered mail. Before filing a legal action based on this notice, a tenant should be given five (5) additional days if served in California, ten (10) additional days if served in another state, twenty (20) additional days if served outside of the United States.
3. PROPERTIES or TENANCIES NOT SUBJECT BY THE TPA/HPA: Housing Provider is strongly advised to seek
counsel from a qualified California real estate attorney who is familiar with TPA/HPA before selecting any of the option below:
A. Your tenancy, if any, in the Premises is terminated 60 days from service of this Notice, or on ___________ (whichever is later).
OR B. Your tenancy, if any, in the Premises is terminated 30 days from service of this Notice, or on ___________ (whichever is later). Only applies if at least one tenant or resident has resided in the Premises for less than one year.
OR C. Your tenancy, if any, in the Premises is terminated 90 days from the service of this Notice, or on ____________ (whichever is later). Applies if Tenant is a beneficiary of, and the tenancy is subject to, a government agency rental housing assistant program.
OR D. Your tenancy, if any, in the Premises is terminated 30 days from the service of this Notice, or on ___________ (whichever is later). Only applies if all of the following are met:
(1) Housing Provider has entered into a contract to sell the Premises to a natural person(s); (2) AND Purchaser intends to reside in the Premises for at least one year following the termination of the tenancy in the Premises;
(3) AND Housing Provider has established an escrow with an escrow company licensed by the Department of Financial Protection and Innovation. Department of Insurance, or a licensed Real Estate Broker; (4) AND Escrow was opened 120 or fewer days prior to the delivery of this Notice; (5) AND Title to the Premises is separately alienable from any other dwelling unit (i.e. , is a single-family unit or condominium);
(6) AND Tenant has not previously been given notice of termination of tenancy.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
_________________________________________________________________ ______________________ (Signature of person serving Notice) (Date)
_________________________________________________________________ (Print Name)
401
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 23-1443 Meeting Date: 11/7/2023
TITLE:
FISCAL YEAR 2022-23 PRELIMINARY UNAUDITED YEAR-END FINANCIAL REPORT DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR, (714) 754-5243 RECOMMENDATION:
Staff recommends the City Council:
1. Authorize the City Manager, or her designee, to concur with FiPAC recommendations on the allocation and appropriation of Fiscal Year 2022-23, if available, year-end savings estimated between $4.0 million to $6.0 million in order of priority as follows:
a) Transfer $1.1 million to Fund 401 for the Lions Park Café; b) Transfer $1.5 million to Fund 401 for Fire Station #4 Training Tower; c) Deposit $500,000 (up to $1.0 Million, if available for surplus funds of $6.0 million) to the Workers’ Compensation Fund Balance designation;
d) Transfer $900,000 to Housing Fund 222 for Housing Element and Visioning; e) Transfer $300,000 to Equipment Fund 602 to pay the balance of one Fire Engine Apparatus; and
f) Transfer $1.2 million to Fund 401 for improvements to the City’s Golf Course and Tennis Center.
BACKGROUND:
On June 7, 2022, City Council adopted the Fiscal Year 2022-23 Operating and Capital Improvement Budget for a total of $206.2 million in All Funds. Of this amount, the General Fund revenues totaled $163.6 million and expenditures $163.6 million, a fully balanced budget without the use of reserves or American Rescue Plan Act funds. The FY 2022-23 preliminary unaudited year-end analysis provides a projection of the City’sfinancial position for the fiscal year ending June 30, 2023. The final audited financial statement is normally issued by the end of December. Staff will return to Council with the audited financial reports once the audit is complete. However, the preliminary unaudited analysis reflects a potential $4.0 million to $6.0 million surplus at the end of the fiscal year.
City staff presented these two potential year-end surplus options to the City’sFinance and Pension