City of Crescent City
Paid Sick Leave Policy
for Part-time, Temporary, and Seasonal Employees
Effective January 1, 2024
1. Purpose and Scope
1.1 Purpose. In accordance with the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522) as amended by SB 616 in 2023, the City of Crescent City recognizes that employees will need days off from work from time to time to address their medical needs. This policy establishes the procedures the City of Crescent City will adhere to with regards to paid sick time, in accordance with California Labor Code section 245 et seq.
1.2 Applicability. This policy applies to part-time, temporary, and seasonal employees who work for the City of Crescent City for thirty (30) or more days within twelve (12) months from the beginning of employment and who are not eligible for any form of “comprehensive leave” benefit provided by the City to other employee groups.
1.3 Exclusions. Employees not covered by this policy are those who are (1) eligible for the more generous “comprehensive leave” benefit provided by the City pursuant to a Memorandum of Understanding (represented employees), employee benefits resolution (non-represented employees) or employment agreement, or (2) CalPERS retired annuitants.
2. Policy
2.1 Entitlement. Employees covered by this policy are entitled to forty (40) hours of paid sick leave each fiscal year. Forty (40) hours will be the maximum benefit per year.
2.1.1 Part-time, temporary, and seasonal employees who have already accrued twenty-four (24) hours of paid sick leave for the Fiscal Year 2023- 24 under the prior Paid Sick Leave Policy shall immediately accrue an additional sixteen (16) hours of paid sick leave for the Fiscal Year 2023-24, effective January 1, 2024. Any unused paid sick leave balance under this policy expires June 30, 2024 and will not be carried over to the following fiscal year.
2.2 Usage. An employee may use available paid sick days beginning on the 31st day of employment.
2.2.1. The City of Crescent City shall allow the use of paid sick days upon the written request of an employee for:
a. the diagnosis, care or treatment of an existing health condition of, or preventative care for, the employee or the employee’s family member; or
Minimum Paid Sick Leave Administrative Procedure - January 2024 Approved by Resolution 2024-02
Minimum Paid Sick Leave Administrative Procedure - January 2024 MR.docx24| Page 2 of 3 b. those purposes described in California Labor Code section 230(c) and section 230.1(a) if the employee is a victim of domestic violence, sexual assault, or stalking.
2.2.2. For purposes of this paid sick leave policy, “family member” is defined as:
a. A child (biological, adopted, or foster child, stepchild, legal ward, or child to whom the employee stands in loco parentis, regardless of the age or dependency status);
b. A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child;
c. A spouse;
d. A registered domestic partner;
e. A grandparent;
f. A grandchild;
g. A sibling.
2.2.3. The employee must provide reasonable advance notification of the need to use sick leave, if foreseeable. If the need to use sick leave is not foreseeable, the employee must provide notice as soon as practical.
2.2.4. Employees must use sick leave in at least two (2) hour increments.
2.2.5. Employees will only receive paid sick time for the number of hours they would have worked during their scheduled shift. For example, if the employee was scheduled for a four (4) hour shift, they will not be compensated more than four (4) hours of paid sick time for that day.
2.2.6. The City of Crescent City will limit the use of paid sick days to forty (40) hours in each year of employment.
2.2.7. Employees will be provided the total amount of sick leave that may be used per year, forty (40) hours, at the beginning of each fiscal year beginning July 1st, or the first date of employment, whichever is later, therefore, no accrual or carry-over is permitted.
2.2.8. For returning seasonal employees or for any temporary employees who have a break in service of less than one year, paid sick time will be provided as outlined above. However, returning seasonal employees (or any employee that has a break in service and returns to work for the City within one (1) year from their last day worked) do not need to wait until the 31st day of employment to use their paid sick leave. They will have access to their available (unused) sick leave for that fiscal year immediately upon Minimum Paid Sick Leave Administrative Procedure - January 2024 MR.docx24| Page 3 of 3 re-employment with the City, provided their returning start date is within twelve (12) months of their previous departure date.
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: RICHARD GRIFFIN, CHIEF OF POLICE
DATE: JANUARY 16, 2024
SUBJECT: CCPD OES GRANT FUNDING FOR EQUIPMENT AND TRAINING ______________________________________________________________________
RECOMMENDATION
1. Approve and adopt Resolution No. 2024-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FY2023-24
BUDGET OF THE CITY OF CRESCENT CITY
2. Authorize the City Manager to sign any grant documents related to the FY 2022 HSGP funding by the U.S. Department of Homeland Security (DHS) / Federal Emergency Management Agency (FEMA) through Cal OES
3. Authorize the City Manager to sign Agreement Number 2022-015, a First Amendment to Homeland Security Grant Program Cooperative Agreement for Subaward Funding.
BACKGROUND
During 2022, City staff was advised of different opportunities to apply for local CalOES grant funds. Chief Griffin put together a list of equipment that met the criteria of the different CalOES grants available, funded through the Homeland Security Grant Program.
During 2022, the “Body of 7” consisting of representatives of the City Police Department, Crescent City Fire and Rescue, Del Norte County Sheriff Office, and Office of Emergency Services, reviewed the grant applications and decided on which to approve for funding.
Early this year, 2023, the grant funding was awarded and then approved by the County.
The Crescent City Police Department was approved for the following items:
From the FY 2022 HSGP funding:
• Reimbursing Participating Agency for the purchase of up to four (4) pairs of 12x36 (or better) image stabilizing binoculars not to exceed Three Thousand Three Hundred Dollars ($3,300.00).
City Council Agenda Report
CCPD OES GRANT FUNDING FOR EQUIPMENT AND TRAINING
January 16, 2024
2 • Reimbursing Participating Agency for the purchase of one (1) large and fourteen to fifteen (14-15) smaller first responder medical countermeasures kits not to exceed Five Thousand Ninety-Three Dollars ($5,093.00).
• Reimbursing Participating Agency for Crescent City Police Department personnel travel and training costs to attend Terrorist Liaison Officer (TLO) training and/or the Homeland Security Conference not to exceed Two Thousand Five Hundred Forty-Six Dollars ($2,546.00).
Utilizing the same HSGP grant in the previous year, the Crescent City Police Department was awarded grant money to purchase tactical respirators, CBRNE respirator canisters, and tactical medical kits. This grant money was originally approved by the City Council in October of 2021. Due to procurement issues during COVID times, there were several delays in shipping and items being out of stock. The items were eventually purchased and delivered, but there is a required amendment to Agreement Number 2022-015, which needs to be approved and signed by the City Manager. The amendment extends the service agreement of the original subaward funding from 6/1/2021 to 4/30/2024.
ANALYSIS
From the FY 2021 HSGP funding:
• The binoculars purchased would be assigned to patrol vehicles and be utilized in response to emergencies on the jetty, and in other emergencies and/or crime scenes where an enhanced view is required above normal eyesight. • The first responder medical countermeasures kits would be stationed at different buildings throughout the city jurisdiction to have supplies already on hand in case of an emergency. Some of the kits will also be carried in officer patrol vehicles. • The training allotment would send one officer from the Crescent City Police Department to a Terrorism Liaison Officer training or could be utilized to send an officer to the national Homeland Security Conference.
Amendment to the HSGP Cooperative Agreement for subaward funding, Agreement Number 2022-015, extends the service agreement of the original subaward funding from 6/1/2021 to 4/30/2024.
FINANCIAL IMPACT
FY 2022 HSGP funding is in the amount of $10,939.00 for the purchase of the equipment.
With the adoption of Resolution No. 2024-03, both the General Fund revenues and expenses will be increased by this amount resulting in a net zero effect on the General Fund working capital balance. The First Amendment only extends the date of the agreement and has no additional financial impact.
City Council Agenda Report
CCPD OES GRANT FUNDING FOR EQUIPMENT AND TRAINING
January 16, 2024
3 STRATEGIC PLAN ANALYSIS
The equipment being acquired meets the goals and objectives of Goal 1 “Support quality services and community safety to enhance the lives of our citizens and visitors”, Subsection C. “Empower and utilize Police, Fire, and Public Works departments to make Crescent City one of the safest cities in the United States”
ATTACHMENTS
1. Resolution No. 2024-03 (budget amendment)
2. First Amendment to Homeland Security Grant Program Cooperative Agreement for Subaward Funding (Agreement Number 2022-015)
3. Cal OES Second-Tier Subaward Agreement
CITY OF CRESCENT CITY RESOLUTION NO. 2024-03 Page 1
RESOLUTION NO. 2024-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2023, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 5 th day of June 2023; and
WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and
WHEREAS, In 2022 City staff were advised of various grant opportunities for local CalOES funds; and WHEREAS, The City Police Chief compiled a list of needed equipment that met the criteria of the various grants and submitted application for funding; and
WHEREAS, The “Body of 7” consisting of representatives of the City Police Department, Crescent City Fire and Rescue, Del Norte County Sheriff’s Office, and Office of Emergency Services, reviewed the grant applications and decided on which to approve for funding; and WHEREAS, The Crescent City Police Department was awarded funding through the Homeland Security Grant Program in the amount of $10,939 for multiple emergency response expenditures including trauma first aid kits, binoculars, and training; and
WHEREAS, Fulfillment of this priority requires an amendment to the City’s Fiscal Year 2023-2024 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS:
That the Fiscal Year 2023-24 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:
Fund Revenue Increase
(Decrease)
Expenditure Increase (Decrease)
General Fund
$10,939.00
$10,939.00
APPROVED and ADOPTED and made effective the same day at a regular meeting of the City Council of the City of Crescent City held on the 16th day of January 2024, by the following polled vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Blake Inscore, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk
FIRST AMENDMENT TO HOMELAND SECURITY GRANT PROGRAM
COOPERATIVE AGREEMENT FOR SUBAWARD FUNDING
AGREEMENT NUMBER 2022-015
This First Amendment to the Homeland Security Grant Program Cooperative Agreement for Subaward Funding (Del Norte County Agreement No. 2022-015, hereinafter referred to as “Agreement”) is entered into by and between the County of Del Norte, a political subdivision of the State of California (“County”); and the City of Crescent City as the Participating Agency (“Participating Agency”); collectively referred to as “Parties”.
In consideration of the services to be rendered, the sums to be paid, and each and every covenant and condition contained herein, the Parties hereto agree to amend their Agreement as follows:
1. Paragraph 3. is amended to read as follows: 3. Term. The term of this Agreement shall be from 6/1/2021 to 4/30/2024.
2. Attachment “B” replaced with the attached.
All other terms, covenants and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
COUNTY OF DEL NORTE CITY OF CRESCENT CITY
_______________________________ ________________________________ Darrin Short Eric Wier
Chair, Del Norte Board of Supervisors City Manager
ATTEST:
_______________________________
Kylie Goughnour
Clerk of the Board
Quantity Unit Price Total
Tactical Respirators, CBRNE respirator canisters TBD TBD $6,984.00 and Tactical Medical Kits
Total $6,984.00
6/1/2021 - 4/30/2024
Equipment Purchase and Installation
ATTACHMENT B
County of Del Norte
Office of Emergency Services
Homeland Security Grant Program
City of Crescent City
CFDA # 97.067
Cal OES
SECOND-TIER SUBAWARD AGREEMENT
This Second-Tier Subaward Agreement (“Second-Tier Subaward”) is entered into by and between the County of Del Norte as the Subrecipient (“County” or “Subrecipient”);, City of Crescent City as the Participating Agency (“Participating Agency”), for the Participating Agency to perform the work set forth in this Second-Tier Subaward. The County, and Participating Agency are collectively referred to herein as the “Parties.”
RECITALS
Whereas, the County and California Office of Emergency Services (“Cal OES”) entered a Grant Subaward Agreement (“Grant Subaward”) for Cal OES Program Homeland Security Grant Program (CFDA #97.067 & FAIN # EMW-2022-SS-00043 (“Program”).
Whereas, the County is the organization identified as the Subrecipient on the Grant Subaward Face Sheet (Cal OES Form 2-101) for the Program that receives the Grant Subaward funds; Whereas, the County is authorized to enter into a second-tier subaward with one or more participating agencies to assist with the implementation of the Grant Subaward and to accomplish the goals and objectives thereof;
Whereas, the County, and Participating Agency desire to enter this Second-Tier Subaward to set forth the roles and responsibilities of the Parties, including, but not limited to the Participating Agency’s role in assisting with the implementation of the Grant Subaward; and NOW, THEREFORE, for the consideration set forth herein, the Parties mutually agree as follows:
AGREEMENT
1. Titles and Contact Information. The titles and contact information for the individuals that will serve as the primary contacts for this Second-Tier Subaward are as follows:
County/Subrecipient: Neal Lopez
981 H St Suite 210
Crescent City, CA 95531
707.464.7214 [email protected]
Participating Agency: Eric Wier
City of Crescent City
377 J Street
Crescent City, CA 95531
707-464-7483 [email protected]
2. Term. The term of this Second-Tier Subaward shall commence on December 1, 2023 and shall expire on March 31, 2025. The Parties may agree to extend the term by mutual written agreement.
3. Roles and Responsibilities. The roles and responsibilities of the parties shall include, but are not specifically limited to the following:
a. County shall be responsible for:
i) Reimbursing Participating Agency for the purchase of up to four (4) pairs of 12x36 (or better) image stabilizing binoculars not to exceed Three Thousand Three Hundred Dollars ($3,300.00).
ii) Reimbursing Participating Agency for the purchase of one (1) large and fourteen to fifteen (14-15) smaller first responder medical countermeasures kits not to exceed Five Thousand Ninety-Three Dollars ($5,093.00).
iii) Reimbursing Participating Agency for Crescent City Police Department personnel travel and training costs to attend Terrorist Liaison Officer (TLO) training and/or the Homeland Security Conference not to exceed Two Thousand Five Hundred Forty-Six Dollars ($2,546.00).
b. Participating Agency shall be responsible for
i) The purchase of up to four (4) pairs of 12x36 (or better) image stabilizing binoculars not to exceed Three Thousand Three Hundred Dollars ($3,300.00). ii) The purchase of one (1) large and fourteen to fifteen (14-15) smaller first responder medical countermeasures kits not to exceed Five Thousand Ninety-Three Dollars ($5,093.00). iii) Requesting travel and training reimbursement for sending Crescent City Police Department Personnel to attend Terrorist Liaison Officer (TLO) training and/or the Homeland Security Conference not to exceed Two Thousand Five Hundred Forty-Six Dollars ($2,546.00). iv) Equipment will be utilized in Del Norte County for the purpose of preparedness and response to emergency situations and to support state and local efforts to prevent terrorism and other catastrophic events.
v) The Participating Agency is solely responsible for the service and maintenance of equipment and supplies provided under this Second-Tier Subaward.
vi) The equipment and supplies granted shall be considered the property of Participating Agency. Participating Agency shall maintain and administer a sound business program for ensuring the proper use, protection, insurance and preservation of the equipment granted under this Second-Tier Subaward. Participating Agency may not sell, transfer or otherwise dispose of any equipment or supplies granted under this Second-Tier Subaward without prior approval by County. Participating Agency shall take reasonable steps to ensure that all equipment and supplies granted under this Second-Tier Subaward are made available for use pursuant to a bonafide request for mutual-aid or interagency disaster assistance. vii)Participating Agency will obtain three quotes for equipment prior to purchase. The participating agency will use the lowest price option that meets the needs of the Participating Agency. If three quotes are not available this will be documented and the documentation provided to County prior to the purchase.
viii) Participating Agency will track equipment purchased with grant funds and provide identification tag numbers, serial numbers or other form of tracking for equipment purchased.
The participating agency may obtain an identification sticker from County of Del Norte Office of Emergency Services if another tracking method is not available.
ix) Participating Agency shall follow the Standard Assurances For All Cal OES Federal Grant Programs attached hereto as Exhibit A.
x) Participating Agency will follow the County of Del Norte Office of Emergency Services Grants Monitoring Policies and Procedures attached hereto as Exhibit B. xi) Participating Agency will comply with annual equipment inventory requests from the County. Requested inventory information will be returned within ten (10) days. The County may inventory items in person with reasonable notice.
xii)Participating Agency will comply with Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services FEMA Policy #405-143-1. The policy is available at https://www.fema.gov/sites/default/files/documents/fema_policy-405-143-1- prohibition-covered-services-equipment-gpd.pdf
4. Shared Resources. All non-fiscal resources shared between the Parties shall be as follows:
a. None.
5. Reporting Requirements. Participating Agency shall comply with all reporting requirements necessary for the County to meet Cal OES reporting requirements, including but not limited to:
a. All reporting activities and records requirements set forth in; i) Standard Assurances For All Cal OES Federal Grant Programs attached hereto as Exhibit A. ii) County of Del Norte Office of Emergency Services Grants Monitoring Policies and Procedures attached hereto as Exhibit B.
6. Transfer of Grant Subaward Funds.
a. Total Amount of Funds. The total amount of Grant Subaward funds that may be transferred to the Participating Agency under this Second-Tier Subaward is Ten Thousand Nine Hundred ThirtyNine Dollars ($10,939.00). b. Invoicing. The Participating Agency shall submit invoices for approval to the County not more frequently than monthly and not less frequently than annually. In order to be eligible for reimbursement, invoices shall be for allowable, approved costs incurred in accordance with the terms of this Second-Tier Subaward. All invoices submitted under this Second-Tier Subaward including the final invoice must be received by the County no later than thirty (30) days after the end of the reporting period for that invoice. All invoices should include: Grant Subaward number, Program name, and the period for which payment is being requested. An authorized representative of the Participating Agency shall sign and certify on each invoice that the costs for which reimbursement is requested are the actual costs as recorded in the Participating Agency’s records and as expended for the work actually performed in accordance with the terms of this Second-Tier Subaward.
c. Payment. Payment for allowable, approved expenses shall be made upon receipt by the County of an invoice. Payment shall be contingent upon County’s receipt of Grant Subaward funds and upon the Participating Agency’s compliance with the terms and conditions of this Second-Tier
Subaward. All payments shall be subject to correction and adjustment upon audit or any disallowance. The Participating Agency is solely responsible for reimbursing the County for amounts paid to the Participating Agency but disallowed under the terms of this Second-Tier Subaward. The County reserves the right to withhold final payment under this Second-Tier Subaward until acceptance by the County of all services, reports, supplies and/or documentation called for hereunder. Payment terms are net thirty (30) days computed either from the date of delivery and acceptance of the work or from the date of receipt of correct and proper invoices prepared in accordance with the terms of the Second-Tier Subaward, whichever date is later.
7. Compliance With All Applicable Requirements. Participating Agency shall comply with all applicable requirements of Notice of Funding Opportunity (NOFO) for the Program. Participating Agency shall further comply with all provisions of the California Supplement to the Federal Notice of Funding Opportunity concerning use of the Grant Subaward funds.
By entering this Second-Tier Subaward, Participating Agency acknowledges and represents that Participating Agency is familiar with the requirements of the NOFO and California Supplement to the Federal Notice of Funding Opportunity, as applicable, and certifies that Participating Agency will comply with all applicable requirements therein.
Participating Agency shall also comply with any and all applicable state or federal requirements necessary for carrying out its work under this Second-Tier Subaward. Participating Agency shall also comply with the assurances and requirements set forth in the 2022 HSGP Standard Assurances for All Cal OES Federal Grant Programs applicable to the Grant Subaward and/or the Program.
8. Audits. Participating Agency shall be subject to audits and all audit requirements set forth in the Notice of Funding Opportunity (NOFO) Fiscal Year 2022 Homeland Security Grant Program and the Fiscal Year 2022 California Supplement to the Federal Notice of Funding Opportunity. Further, County, or its duly authorized representatives shall, until three (3) years after final payment under this Second-Tier Subaward, have access to any of the Participating Agency’s records related to this Second-Tier Subaward, at the Participating Agency’s regular place of business, for the purpose of conducting audits. The period of access for records relating to a) appeals under a dispute, b) litigation or settlement of claims arising from the performance of this Second-Tier Subaward, or c) costs and expenses of this Second-Tier Subaward to which exception has been taken shall continue until such appeals, litigation, claims, or exceptions are disposed of.
9. Independent Contractor. Participating Agency is and shall at all times remain as to the County a wholly independent contractor. The personnel performing the services under this Second-Tier Subaward on behalf of Participating Agency shall at all times be under Participating Agency’s exclusive direction and control. Neither County or their employees or agents shall have control over the conduct of Participating Agency or any of Participating Agency’s officers, employees or agents, except as set forth in this Second-Tier Subaward. Participating Agency shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the County. Participating Agency shall not incur or have the power to incur any debt, obligation or liability whatever against County, or bind the County in any manner.
10. Assignment. The Participating Agency may not assign, transfer or subaward any part of this Second-Tier Subaward, any interest herein or claims hereunder, without the prior, written approval of the County.
11. Termination. The County may at any time cancel this Second-Tier Subaward or renewal thereof, with or without cause, by giving thirty (30) days advance written notice to Participating Agency, which shall commence on the date of mailing of the written notice by certified mail or personal delivery. Thereafter, this Second-Tier Subaward shall become null and void except for the portion or portions of payment herein agreed upon for which expenses have been necessarily incurred in the performance of this Second-Tier Subaward.
12. General Release. The Participating Agency’s acceptance of payment of the final invoice under this Second-Tier Subaward shall release the County from all claims of the Participating Agency, and from all liability to the Participating Agency concerning the work.
13. Amendments and Modifications. By mutual written consent, the Parties may make modifications or changes to the work and/or to the terms of this Second-Tier Subaward. Any such modifications or changes shall be in the form of a written amendment signed by authorized representatives of all Parties.
14. Indemnification. Participating Agency shall defend, indemnify and hold harmless County, their officers, employees, and agents from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Second-Tier Subaward. This indemnification provision shall survive termination of the Subaward and remain in effect.
15. Insurance. Participating Agency shall procure and maintain for the duration of the Second-Tier Subaward insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Participating Agency, his agents, representatives, employees or subcontractors. a. Minimum Scope of Insurance:
Coverage shall be at least as broad as:
i) Commercial General Liability (CGL): Insurance coverage on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than One Million Dollars ($1,000,000.00) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Second-Tier Subaward or the general aggregate limit shall be twice the required occurrence limit.
ii) Automobile Liability: Insurance covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage. iii) Workers’ Compensation: as required by the State of California, with statutory limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease.
Workers’ Compensation and Employer’s Liability Insurance is not required if the Participating Agency provides written verification it has no employees. b. Additional Insurance Coverage:
To the extent coverage is applicable to Participating Agency’s services under this Second-Tier Subaward, Participating Agency must maintain the following insurance coverage:
i) Cyber Liability: Insurance, with limits not less than Two Million Dollars ($2,000,000.00) per occurrence or claim, Two Million Dollars ($2,000,000.00) aggregate. c. Other Insurance Provisions:
i) If the Participating Agency maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Participating Agency. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.
ii) The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Commercial General Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Participating Agency. iii) For any claims related to this Second-Tier Subaward, the Participating Agency’s insurance coverage shall be primary coverage as respects the County, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the County shall be excess of the Participating Agency’s insurance and shall not contribute with it. iv) Each insurance policy required by this Second-Tier Subaward shall provide that coverage shall not be canceled, except with written notice to the County thirty (30) days prior to the policy’s termination date.
v) Participating Agency hereby grants to the County a waiver of any right to subrogation which any insurer of Participating Agency may acquire against the County by virtue of the payment of any loss under such insurance. Participating Agency agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer.
vi) The Participating Agency shall contractually require and verify that all subcontractors maintain insurance applicable to their scope of work, meeting all the indemnity and insurance requirements required of the Participating Agency under this Agreement, and shall also require its subcontractors to provide endorsements (a.) Naming the County as an additional insured, (b.) Agreeing that the subcontractor's insurance shall be primary and shall not require contribution from the County's insurance or self-insurance program, and (c.) Waiver of subrogation rights in favor of the County and provide proof of such upon the County's request.
vii)Prior to commencing any work under this Second-Tier Subaward, Participating Agency shall furnish County with certificates of insurance and original endorsements evidencing the coverage, limits, and conditions required by this Second-Tier Subaward.
16. Appropriated Funds. The continuation and renewal of this Second-Tier Subaward shall be subject to sufficient appropriated funds being received by County to administer and support the Program. In the event sufficient funds are not available or are discontinued at any time, the County may cancel this Second-Tier Subaward by delivering written notice to the Participating Agency.
17. Notices. All notices required or permitted by this Second-Tier Subaward shall be by written instrument and shall be mailed by certified mail or personally delivered to the respective primary contact listed in Section 1 of this Second-Tier Subaward.
18. Waiver. No waiver of any breach of this Second-Tier Subaward shall be held to be a waiver of any other subsequent breach. The failure of the County to enforce at any time any of the provisions of this Second-Tier Subaward, or to require at any time performance of any of the provisions thereof, shall in no way be construed to be a waiver of such provisions nor in any way affect the validity of this Second-Tier Subaward or effect the rights of the County to thereafter seek enforcement of the Second-Tier Subaward.
19. Applicable Law. This Second-Tier Subaward shall be interpreted and governed by the laws of the State of California and venue shall be the Superior Court for the County of Del Norte.
20. Entire Agreement. This Second-Tier Subaward is the complete agreement of the Parties and supersedes all prior understandings regarding the services provided hereunder.
21. Severability. If any provision of this Second-Tier Subaward is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
22. Counterparts and Electronic Signatures. This Second-Tier Subaward may be executed in one or more counterparts, and counterparts may be exchanged by facsimile, email or other electronic transmission, each of which will be deemed an original, but all of which together constitute one and the same instrument.
IN WITNESS WHEREOF, the respective parties have executed this Subaward on the dates indicated below.
***********
COUNTY OF DEL NORTE as
Subrecipient
By:
(Signature of Authorized Official of County)
Name: __________________________
Title: ___________________________
Date: ___________________________
CITY OF CRESCENT CITY as
Participating Agency
By:
(Signature of authorized official of Participating
Agency)
Name:
Title:
Date: __________________________________
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person 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 the 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.
(b) 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.
(c) The Applicant 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 discloseaccordingly.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense 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 statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification;and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs andservices;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abusetreatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employmentdecisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobilesources;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L.93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 etseq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded ConstructionProjects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving isProhibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
20. California Public Records Act and Freedom of InformationAct The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.
24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
31. Patents and Intellectual PropertyRights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity andPerformance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.
The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Exhibit A
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhsstandard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Applicant:
Signature ofAuthorized Agent:
Printed Name of Authorized Agent:
Title: Date:
Grants Monitoring Procedures Manual – Version 1.1 – December 2022 1 Exhibit B
COUNTY OF DEL NORTE OFFICE
OF EMERGENCY SERVICES
GRANTS MONITORING
POLICIES & PROCEDURES MANUAL
December 2022
TABLE OF CONTENTS
I. MONITORING PROGRAM OVERVIEW ...................................................................... 3 II. COMPLIANCE MONITORING PLAN/ RISK ASSESSMENT ................................. 5 III. COMPLIANCE REVIEW PROCESS .............................................................................. 6 IV. SINGLE AUDIT PROCESS ................................................................................................ 9 Approved and Adopted as an official procedure for Del Norte County Office of Emergency Services:
Date:
Grants Monitoring Procedures Manual - Version 1.1 - December 2022 2 Exhibit B
LalPoh pafis fo.
Neal Lopez, bitettor of OES
Grants Monitoring Procedures Manual – Version 1.1 – December 2022 3 Exhibit B
MONITORING PROGRAM OVERVIEW
Federal grants are subject to federal, state, and local government administrative requirements, cost principles, and audit requirements. The County of Del Norte Office of Emergency Services (DNCO OES) ensures that grants are managed appropriately using a risk-based compliance assessment model and by performing analytical and financial compliance reviews.
Grants Monitoring is comprised of monitors that assist Subrecipients to ensure compliance with applicable regulations, laws, and Grant Subaward provisions.
Items that monitors examine include:
Organization operations
Internal and management controls
Policies and procedures
Financial reports
Grant Subaward-related activities and expenditures
High-risk Subrecipients are identified through the annual risk assessment further discussed below. Monitoring reviews are used to provide technical assistance and trainings for Subrecipients to enable the Subrecipients to maintain funding and follow the applicable rules and regulations.
There are four key components the DNCO OES monitoring program model ensures:
1. Subrecipients are monitored during the term of the Grant Subaward;
2. Monitoring efforts focus on the areas of most significant risk;
3. All monitoring findings are addressed through appropriate corrective actions; and
4. Ongoing financial and administrative training and technical assistance is provided to Subrecipients to enable them to comply with Grant Subaward requirements and maintain their funding.
DNCO OES uses the following methods to monitor Subrecipient risk:
Day-to-Day communication: OES and/or County administrative personnel (“Monitors”) maintain ongoing communication with Subrecipients to provide programmatic guidance and review reimbursement requests.
Limited Scope Desk and Field Compliance Reviews: Limited scope reviews allow the Subrecipients to make certain assertions regarding various aspects of their operations, or provide Monitors an opportunity to verify the eligibility of expenditures charged to the Grant Subaward/s. These reviews consist of, but are not limited to, the following:
Grants Monitoring Procedures Manual – Version 1.1 – December 2022 4 Exhibit B
• Targeted compliance questionnaire reviews and follow-up corrective action, if required;
• Payment reviews of invoices and other documents supporting a reimbursement claimed by and made to the Subrecipient;
• Review most recent Independent Audit Report(s);
• Field inspection to verify equipment purchases and test equipment management practices; and
• Follow-up virtual and/or site visit(s) to verify implementation of required corrective action.
The scope of the review can be expanded if needed.
Technical Assistance Services: To ensure Subrecipients are educated regarding Grant Subaward requirements, high-risk problem areas are identified and tracked through the monitoring process and serve as the basis to plan and formulate technical assistance and training for Subrecipients. Monitors provide technical assistance through training (either group or one-on-one), web publications and resources and through the provision of the Subrecipient self-assessment tools. Subrecipients are also supplied information about training opportunities provided by Cal OES and FEMA.
Grants Monitoring Procedures Manual – Version 1.1 – December 2022 5 Exhibit B
COMPLIANCE MONITORING PLAN / RISK ASSESSMENT
The Annual Compliance Monitoring Plan identifies the proposed Subrecipients eligible for a compliance review for the year. The Annual Compliance Monitoring Plan is developed based on the annual risk assessment. The Plan is developed on a fiscal year basis beginning in July and ending in June of the following year.
Risk Factor Analysis and Monitoring Selection
An accurate risk assessment is critical to the success of the DNCO OES’s compliance review efforts. DNCO OES Subrecipients are weighted using the risk factors and scores to identify potential problems before they occur so that risk-handling activities may be planned to mitigate adverse impact on the results. Although Subrecipients identified as high risk are the main objective of the Monitors, medium and low-risk Subrecipients can be selected for a monitoring visit. Medium and low-risk Subrecipients may be monitored based on anonymous tips, requests from Subrecipients, or management directive/County discretion.
Risk Assessment Process
1. Obtain a list of all Subrecipients and associated grants from the FMFWs from the prior 3 years.
2. Filter by Subrecipient to show all grants the Subrecipient received from DNCO OES.
3. Review Compliance Monitoring database.
The two (2) Subrecipients with the most accrued points will receive Compliance Monitoring that year. (The County reserves the right to determine placement of other Subrecipients on the Annual Compliance Monitoring Plan for reasons stated above.)
Criteria Points Awarded
New Subrecipient (Subrecipients with no awards within the last 10 years) 3 Subrecipients with three (3) or more grants awarded within the time frame 5 + 3 ea. addt’l grant Total award within period is equal to or greater than $50,000 5 + 3 ea. addt’l $25k Last compliance review more than 3 years ago (previous Subrecipients) 3pts Previous compliance monitoring finding (within 5 years) 5pts Previous independent audit finding (within 5 years) 5pts The Annual Compliance Monitoring Plan is prepared by the DNCO OES and is approved by the County Administrative Officer and/or the Assistant County Administrative Officer.
Grants Monitoring Procedures Manual – Version 1.1 – December 2022 6 Exhibit B
COMPLIANCE REVIEW PROCESS
Compliance Review
The objective of a compliance review is to ensure the Subrecipient complies with the Code of Federal Regulations, applicable state laws, and other governing regulations, internal policies, and general good business practices. The compliance review process is outlined below:
Notification Letter: The compliance review begins with the issuance of a notification letter.
The purpose of this letter is to notify the point of contact listed for the Subrecipient in writing that a compliance review will be conducted. The letter identifies the grant(s) selected for review, scope of the review, due date for documents requested, and proposed date of field inspection.
Request for Documentation: A request for documentation is included with the notification letter. These records might include, but are not limited to, contracts, invoices, procurement records, indirect costs methodology, property ledger, and personnel ledger, including timesheets and supporting documentation to support match.
Internal Controls Questionnaire: An internal controls questionnaire is included with the notification letter. The questionnaire asks specific questions regarding internal controls, procurement process, personnel, and amount of state and federal grant funding received.
Entrance Conference (Meeting): An entrance conference is scheduled with the Subrecipient’s executive management and key personnel to discuss the purpose, objectives and scope of the compliance review. The Monitor will explain the compliance review process, review the documentation provided and follow up on any missing/incomplete records, and inquire if there are any specific areas where the Subrecipient would like focused technical assistance. Additionally, the Monitor will confirm the date of the field inspection.
Field Inspection: During the field inspection, the Monitor(s) will visit the Subrecipient's physical location to verify equipment purchases and test equipment management practices.
Exit Conference: The lead Monitor will schedule an Exit Conference with the Subrecipient within 30 days of the Field Inspection to discuss the results of the compliance review and any concerns that may have arisen. A draft compliance report will be provided to the Subrecipient no less than three (3) working days before the exit conference. The exit conference provides an opportunity to resolve any questions the Subrecipient may have about the concerns raised and address any other issues before the compliance report is finalized.
Grants Monitoring Procedures Manual – Version 1.1 – December 2022 7 Exhibit B
Paperwork and Reporting
Good documentation throughout the Compliance Review Process helps support conclusions, build trust between the Grantee and Subrecipient, and assists with providing technical assistance as needed.
Working Papers: Monitors should prepare and organize their working papers in a manner that helps provide an appropriate quality review. The Monitors should avoid preparing or accumulating unnecessary working papers or making extensive copies of the Subrecipient records. It is neither necessary nor practical for the monitors to document every matter considered during the review. Documentation supporting all findings must be retained in the working file. Good working papers should meet the monitoring requirements by displaying the following characteristics:
State the dates of the review, as well as the year of the grant(s) under review, so that the working paper is not confused with documentation belonging to a different year/period; List what was reviewed in the limited scope desk and field inspection review. This will enable the Monitor, and any subsequent reviewers, to determine the sufficiency of the review evidence provided by the working paper;
Document any technical assistance requested and/or provided; Working papers should clearly and objectively state the results of each tenant of the limited scope desk and filed inspection compliance reviews; Conclusions should be consistent with the results of the review and should be able to withstand independent scrutiny;
Working papers should be signed by the person who prepares them; and Working papers should be signed and dated by any person who reviews them; and Working papers should be filed appropriately as to be found easily when required at a later date.
Working papers should provide evidence that an effective, efficient, and accurate review has been carried out. They should be completed in a manner so that a Monitor with no previous experience of the review can understand the work completed and how the conclusion was reached.
Compliance Review Report: The next step is to issue the compliance review report to the Subrecipient including senior management and key administrative staff. The report outlines all non-compliance issues and findings, provides recommendations for improvement and may request the Subrecipient generate a CAP.
Findings: A finding is an operational deficiency in internal controls, noncompliance with provisions of laws, regulations, contracts, Grant Subawards, or fraud, waste and abuse.
Grants Monitoring Procedures Manual – Version 1.1 – December 2022 8 Exhibit B
Recommendations: A recommendation must provide a course of action that will correct a finding or issue that has been identified and provide improvements. Recommendations should be action-oriented, convincing, well-supported, and effective.
Questioned Costs: A questioned cost can result from a violation, or possible violation, of a statute, regulation, or the terms and conditions of a federal Grant Subaward. In addition, it could be a cost not supported by adequate documents, or appears unreasonable and does not reflect the actions a prudent Subrecipient would take in the circumstances.
Disallowed Costs: A disallowed cost is a charge that the pass-through entity determines to be unallowable according to the Code of Federal Regulations and the State or County Administrative Manual. Some examples of disallowed costs can be the purchase of alcohol, lobbying, or costs pertaining to waste, fraud, and abuse.
CAP: Once the Subrecipient receives the compliance review report, they will have 30 days to either dispute the findings or provide a CAP to correct and address any finding(s). After a CAP is received, the Subrecipient has six months from the date of the report to implement the CAP and to pay back any disallowed costs. If necessary, follow-up reviews will be conducted by the County to ensure that corrective actions are implemented timely.
If a Subrecipient fails to comply with the required necessary corrections identified, funding may be suspended until corrections are completed. Failure to comply with grant requirements may subject the Subrecipient to Special Conditions of future funding opportunities or the Subrecipient may be required to pay back a reimbursement.
Closing Letter: Once the CAP is received and the Subrecipient has satisfactorily addressed and/or corrected all findings, Grants Management will issue a closing letter informing the Subrecipient that the compliance review is closed.
Appeals Process: If the Subrecipient does not agree with the finding, they have 30 days from the date the compliance review report is issued to dispute the finding in writing and provide additional supporting documentation. If the finding is not cleared with the additional information provided, a notification letter will be issued. The Subrecipient may appeal the decision to the County within 30 days of the notification letter. The final decision on any appeal rests with the County Administrative Officer.
Grants Monitoring Procedures Manual – Version 1.1 – December 2022 9 Exhibit B
COMPLIANCE MONITORING PLAN / RISK ASSESSMENT
Subrecipients of federal grants are required to comply with the Title 2 CFR § 200.501(a). This section requires that a non-federal entity that expends $750,000 or more during the non-federal entity's fiscal year in federal awards must have a single or program-specific audit conducted for that year and submitted within the earlier of 30 calendar days after receipt of auditor's report or nine months after the end of the audit period. A non-federal entity that expends less than the $750,000 during the non-federal entity's fiscal year in federal awards is exempt from federal audit requirements for that year. Guidance on determining federal awards expended is provided in accordance with Title 2 CFR § 200.502.
Monitors review Subrecipients to ensure they comply with the audit requirement. On an annual basis, Grants Monitoring requests Subrecipients complete an Audit Form certifying whether they meet or are exempt from the audit requirement. If they meet the requirement, they must submit a copy of their single or program-specific audit report. The audit reports are tracked and used to conduct the annual risk assessment.
All audits received are tracked and reviewed within 30 days of receipt, and if required, follow-up is initiated to ensure corrective action is implemented on all DNCO OES findings. Audits with DNCO OES findings are issued a Management Decision Letter upon resolution of the finding. Subrecipients that do not comply with the audit requirement may not be eligible for future grant funding.
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: JANUARY 16, 2024
SUBJECT: CLOSURE OF TSUNAMI MEMORIAL FOUNTAIN PLAZA BETWEEN 11:00 P.M. AND 5:00 A.M.
RECOMMENDATION
• Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Close public hearing
• Further Council discussion
• Waive full reading, read by title only and adopt Ordinance No. 838, An Ordinance of the City Council of the City of Crescent City Amending Section 12.20.10 of Chapter 12.20, Park Regulations of Title 12, Streets, Sidewalks and Public Places, of the Crescent City Municipal Code
BACKGROUND
The Tsunami Memorial Fountain and monument (bronze artwork) was commissioned by the City in 1965 in memory of the eleven lives lost during the 1964 tsunami. It was placed in the area that is now known as the Tsunami Landing Plaza. This Plaza and surrounding areas incorporated concrete walkways and a concrete central plaza, scalloped walls, seating, and an overhead cover over walking paths to the Plaza and surrounding businesses. In August of 2011, the City removed the Tsunami Landing walking cover due to age and seismic structural concerns.
As currently designed, the plaza is surrounded by the scalloped walls and underutilized seating areas. There is little public usage of this space other than those just passing through. The perimeter walls act as collectors for daily garbage. These walls also limit visibility, which is averse to providing a safe environment for the public and local businesses. The accumulated abandoned debris utilize an excessive amount of Public Works staff by requiring constant cleaning and trash removal. This daily regiment often INTRODUCTION OF ORD. NO. 838
JANUARY 16, 2024
2 requires the inclusion of the City’s police department in the handling of personal belongings, drug paraphernalia, graffiti, property damage, and human waste.
At its December 4th meeting, the City Council directed staff to bring back an ordinance for the Council’s consideration that would close the Tsunami Memorial Fountain Plaza area at night.
At its December 18th meeting, the City Council introduced the ordinance.
ITEM ANALYSIS
Before the Council this evening is the adoption of Ordinance No. 838, which would close the Tsunami Memorial Fountain Plaza between the hours of 11:00 p.m. and 5:00 a.m.
The reasoning behind the closure is that by closing the area at night, the demand on public works staff and the police department to respond to and clean the area during the daytime hours will be reduced.
FISCAL ANALYSIS
The only direct cost of this action is publication costs of the ordinance. However, staff is hopeful that this change will save many hours of Public Works and Police Department staff time that is currently being spent on the cleaning and maintenance of this area resulting from overnight activities.
CEQA ANALYSIS
The action does not constitute a “project” under CEQA because it has no potential environmental effect.
STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic plan Goals:
• GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND
HEALTH TO ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR
RESIDENTS AND VISITORS
ATTACHMENTS
1. Introduced Ordinance No. 838
ORDINANCE NO. 838
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING SECTION 12.20.010 OF CHAPTER 12.20, PARK REGULATIONS, OF TITLE 12, STREETS, SIDEWALKS AND PUBLIC PLACES,
OF THE CRESCENT CITY MUNICIPAL CODE
WHEREAS, the City of Crescent City is a general law city with the constitutional authority (“police power”) to make laws and regulations to protect the public health, safety and welfare; and
WHEREAS, the City maintains a small network of public parks and similar spaces; and WHEREAS, all City parks are closed between the hours of 11:00 p.m. and 5:00 a.m.; and WHEREAS, there has been an increased workload demand from public works crews and police department personnel due to the accumulation of garbage, debris, human waste, and graffiti that has been collecting during the nighttime hours in the Tsunami Memorial Fountain Plaza; and
WHEREAS, the Tsunami Memorial Fountain Plaza is surrounded by businesses and public service offices which make it easy for individuals to get away with misdeeds at night as there is no clear line of sight from the public road; and WHEREAS, the City Council is refocusing its efforts to make the Tsunami Memorial Fountain Plaza a focal point of the downtown experience; and WHEREAS, it is the desire of the City Council to close the Tsunami Memorial Fountain Plaza during the night hours (11 pm to 5 am) consistent with the City’s parks.
NOW, THEREFORE, the City Council of the City of Crescent City ordains as follows:
SECTION 1. RECITALS. The City Council finds the above recitals to be true and correct and are incorporated herein as if set forth in full.
SECTION 2. CODE AMENDMENT. Section 12.20.010 of Chapter 12.20 Park Regulations, of Title 12, Streets, Sidewalks and Public Places, of the Crescent City Municipal Code is hereby amended to read as follows:
12.20.010 Generally.
A. The city council may from time to time adopt such regulations as it deems fit to provide for the orderly use and administration of the City’s park system. Such regulations shall provide for payment of such fees as the council deems necessary to pay for any increased costs to the City by virtue of any group or organization’s use of the park or other public facilities of the City. (Prior code § 12-601)
Crescent City Ordinance No. 838 Page 2 of 2
B. For purposes of this chapter, all references to “parks” specifically include Beachfront Park, Peterson Park, Brother Jonathan Park / Frasier Park, and the Tsunami Memorial Fountain Plaza.
***END TEXT AMENDMENT***
SECTION 3. SEVERABILITY. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
SECTION 4. CEQA FINDINGS. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and has been found to be exempt from CEQA under Section 15061(b)(3) as this ordinance does not have the potential for causing a significant effect on the environment.
SECTION 5. EFFECTIVE DATE & PUBLICATION. This Ordinance will become effective 30 days after the date of its adoption. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation in Del Norte County once within 15 days of its adoption in accordance with the requirements of Government Code Section 36933.
INTRODUCED at a meeting of the City Council of the City of Crescent City held on December 18, 2023.
PASSED AND ADOPTED by the City Council of the City of Crescent City at a regular meeting of the City Council held this 16th day of January 2024 by the following polled vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Blake Inscore, Mayor
ATTEST:
Robin Altman, City Clerk
APPROVED AS TO FORM:
Martha D. Rice, City Attorney
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: LINDA LEAVER, DIRECTOR OF FINANCE
DATE: JANUARY 16, 2024
SUBJECT: BUDGET-TO-ACTUAL OPERATING RESULTS FOR FISCAL YEAR 2022-23
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from Council
• Receive public comment
• Further Council discussion
• Receive and file budget-to-actual financial report of the City’s major operating funds for Fiscal Year 2022-23
BACKGROUND
The Fiscal Year 2022-23 annual budget was adopted by the City Council on June 20, 2022 by way of Resolution No. 2022-44. City staff provides budget-to-actual financial reports throughout the year, and the Council approves budget amendments as needs and priorities change. A mid-year budget update was approved on March 6, 2023 by way of Resolution No. 2023-15.
This report provides the budget-to-actual results for FY 22-23 as of June 30, 2023 for the City’s five major operating funds (General Fund, Housing Authority Fund, RV Park Fund, Sewer Fund, and Water Fund) plus an analysis of Citywide wages and benefits.
It is important to note this report presents the operating activities of the five major funds.
Items such as depreciation, GASB 68 pension adjustments, GASB 75 OPEB adjustments, and certain long-term debt and capital asset transactions are not classified as operating activities. The report attached to this staff report provides a summary of the differences between these operating results and the total net position / fund balance results which are shown in the City’s audit.
The City also has a variety of other funds including special revenue funds, internal service funds, capital improvement funds, and fiduciary funds which are not included in this BUDGET-TO-ACTUAL OPERATING RESULTS FY 2022-23
January 16, 2024
2 report. All of the City’s activities and funds are included in the audit report which was finalized in December 2023 and which the auditor will be presenting January 16, 2024.
ITEM ANALYSIS
Budgets are estimates of future revenues and expenses, based on experience and anticipated trends. Extensive staff time is devoted to developing the annual budget, reevaluating the budget at mid-year, and presenting periodic updates to the Council. Even with this analysis, actual results will always vary from budgeted estimates for a variety of reasons.
City-Wide Wages and Benefits
The majority of City employees are represented by four employee associations which bargain with the City on behalf of employees regarding wages, benefits, and other working conditions. The agreements are formalized in a Memorandum of Understanding (MOU) with each employee association. The current MOUs are effective through June 30, 2025.
Actual wage and benefit costs are shown below with the prior three fiscal years for comparison.
Total wages and benefits (City-wide) – actual expenses:
FY 19-20 FY 20-21 FY 21-22 FY 22-23
Year-overyear $
Variance
Year-overyear %
Variance
Wages 4,077,782 3,909,557 4,348,962 4,829,703 480,741 11% Benefits 2,481,838 2,405,162 2,548,499 2,835,187 286,688 11% Total 6,559,620 6,314,718 6,897,461 7,664,890 767,429 11% BUDGET-TO-ACTUAL OPERATING RESULTS FY 2022-23
January 16, 2024
3 FY 2022-23 increased over the prior year due to planned increases in staffing as well as negotiated wage increases and increases in benefit costs but was still under the authorized budget due to vacancies and unused benefits.
The City budgets for all authorized positions to be filled and uses a conservative estimate for the use of benefits. Budget-to-actual variances are caused when positions are unfilled, positions are filled at a lower step/rate than budgeted, and/or employees do not use their budgeted benefit allowance.
In the area of benefits, those benefits which are calculated as a percentage of payroll (normal pension cost, employer’s Medicare contribution, and PTS) are budgeted for all positions to be filled and the corresponding benefits earned. The City’s contributions toward the pension unfunded liability and retiree health liability (OPEB) are budgeted for the actuarially determined contribution, plus any additional payments (if authorized by Council). Flex benefits (health benefits) are typically budgeted at a mid-point between prior year’s actual use and the full amount allowed by the various MOUs.
Wages and benefits (City-wide) – budget to actual:
-
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
FY 19-20 FY 20-21 FY 21-22 FY 22-23
Wages and Benefits - Actual Expenses
Wages Benefits
BUDGET-TO-ACTUAL OPERATING RESULTS FY 2022-23
January 16, 2024
4 FY 22-23
Budget
FY 22-23
Actual
Over
(Under)
Budget
Regular wages 4,683,390 3,928,544 (754,846) -16%
Temp and PT wages 412,163 360,030 (52,133) -13%
Overtime 184,315 272,189 87,874 48%
FF Stipends 309,000 268,941 (40,059) -13%
PERS 1,573,207 1,436,280 (136,927) -9%
Medicare 80,956 70,588 (10,368) -13%
Workers Comp 247,008 244,788 (2,221) -1%
Unemployment 23,000 17,229 (5,771) -25%
Flex Benefits 1,184,549 947,871 (236,678) -20%
OPEB 140,628 110,182 (30,446) -22%
PTS 9,337 8,250 (1,087) -12%
Total 8,847,553 7,664,890 (1,182,663) -13%
Staffing continues to be a challenge. During the fiscal year, 8 full-time employees left the City (either for retirement or to pursue other opportunities) and 16 new full-time employees were hired. However, even with bringing in more new full-time employees than we lost, there were still 6 vacant full-time jobs at the end of the fiscal year.
Full-time positions that were vacant for some part of FY 22-23 include • Career Fire Captains (3)
• Police Officers (3)
• Police Records Specialist
• Public Works Director
• Engineering Technician
• Electrical Mechanical Operations Technician
• Maintenance Worker
• Utility Mechanic
• Lab Technician
• Account Clerk
• Finance Analyst
• Finance Technician
General Fund
General Fund total revenues were budgeted for $9,889,522 and actual revenue was $9,678,983 for a variance of ($210,539) under the final budget. Sales tax was $168,109 higher than budget, Transient Occupancy Tax was $124,738 higher than budget, and interest revenue was $80,930 over budget. These increases were offset by grant revenues coming in under budget ($460,362), most of which were carried over to FY 23- 24, and Fire Service revenues (mostly reimbursements from the Fire District) coming in under budget ($291,536). Various other revenues came in under or over budget to a BUDGET-TO-ACTUAL OPERATING RESULTS FY 2022-23
January 16, 2024
5 lesser degree. Measure S revenues (tax revenues plus reimbursement of Measure S fire expenses repaid by the Fire District) are included in these totals and were under budget by ($286,588) due to a slight increase in tax revenue and a large decrease in fire expense reimbursements due to expenses being under budget. Total other revenues not including Measure S were over budget by $76,049.
Expenditures in the General Fund were much lower than budgeted, which was anticipated. The final approved budget was $11,302,568 of which the City spent $9,198,794 for a variance of ($2,103,774) under budget. When the City held the budget workshop to plan the current year (FY 23-24) budget, estimated expenditures for FY 22- 23 were $10,096,558. These are total General Fund expenses, which include both Measure S and all other expenses. Both Measure S and non-Measure S expenses came in under the projection. The breakdown is shown below.
Measure S
Expenses
All Other
Expenses
Total General
Fund
Expenses
Budget 2,607,794 8,694,774 11,302,568
Projected at budget workshop 2,074,324 8,022,234 10,096,558 Actual 1,665,911 7,532,884 9,198,795
Note that unspent Measure S funds are retained in the Measure S balance, to be used for future Measure S expenses (fire, police, streets, and swimming pool). Also note that some of the unspent budget has been rebudgeted in FY 2023-24.
The City uses a conservative approach to budgeting. The budget includes full funding for every authorized position and project. When positions are vacant or projects are deferred, actual expenditures will be under budget. In addition, operational expenses such as utilities, supplies, and contract services are estimated to ensure departments have sufficient budget to provide services for the entire year even when supplier prices increase or additional needs arise. Actual department usage and vendor prices will vary from the estimates, resulting in budget-to-actual differences. A summary of these variances is listed below.
BUDGET-TO-ACTUAL OPERATING RESULTS FY 2022-23
January 16, 2024
6 Category Over (Under) Budget
Wages and benefits (752,463)
Utilities (28,801)
Parts & supplies (454,283)
Services & contracts (602,608)
Travel, training, dues, etc (103,149)
Contrib / Grants (148)
Other (138,618)
Transfers (5,791)
Overhead (17,914)
Total (2,103,773)
Of the total expenses that came in under budget, $851,132 has already been reallocated / rolled over in the FY 2023-24 budget.
Fund balance as of June 30, 2022 was $4,095,057. With the FY 22-23 results, the fund balance as of June 30, 2023 is $4,575,246. The FY 2023-24 budget as amended through December 18, 2023 would result in an ending fund balance of $2,749,180 if 100% of the budget were to be spent. Under the General Fund reserve policy adopted by the City Council in 2022, when calculating projected fund balance, we include an estimate that 5% of the operational budget will not be spent. With this estimate, the projected fund balance at the end of the current fiscal year would be $3,246,336.
Fund balance at 6/30/23 4,575,245
Total budgeted FY 23-24 revenues 9,817,195
Total budgeted FY 23-24 expenditures (11,643,260)
Budgeted fund balance at 6/30/24 2,749,180
Plus estimated 5% budget-to-actual savings (operational) 497,156 Projected fund balance at 6/30/24 3,246,336
However, not all of the fund balance is available for new spending. Of the total fund balance, a portion is required to be held in reserve by Council policy (25% of the budgeted operating expenses, not including grant-funded projects and CIP). Based on the amended budget for FY 23-24 (as of December 18, 2023), the required reserve for the end of FY 23-24 would be $2,485,782. In addition, a portion of the fund balance is unspent Measure S funds. Those funds are set aside for Measure S activities, per Council direction; that balance is $1,141,510 as of June 30, 2023 and is projected to be $527,194 at the end of FY 2023-24. With all of these factors included, there is currently estimated to be $233,360 in unallocated reserves projected for the end of FY 23-24. This is less than the estimate of $350,000 provided by staff at the December 4, 2023 Council meeting, because budget amendments were approved at the December 4 and December 18 meetings increasing the budget for code enforcement, building maintenance, and the Cultural Center feasibility study phase 2.
BUDGET-TO-ACTUAL OPERATING RESULTS FY 2022-23
January 16, 2024
7 Projected fund balance at 6/30/24 3,246,336
Projected Measure S balance (527,194)
Required reserve (25% of operational expenses) (2,485,782) Unallocated fund balance 233,360
The current year’s budget is under review, and staff will be presenting a mid-year update at an upcoming meeting. Council will be provided updated projections to inform decisionmaking about the status of the General Fund and plans for the future.
Housing Authority Fund
The Housing Authority is funded by the Federal Department of Housing and Urban Development (HUD). Housing Authority revenues were under budget by $622,541 and expenditures were also under budget by $591,046, mostly due to lower utilization of housing vouchers and some admin expenditures.
Revenues for the Housing Authority are difficult to project, as the City operates on a July through June fiscal year, and HUD funds the program based on the calendar year. In addition, the Federal government is often delayed in approving the budget factors for Housing; when the City adopts its budget, the actual level of federal funding is unknown.
Another factor is the timing of revenue reimbursements; HUD issues monthly payments to the Housing Authority for the anticipated expenses of that month and then adjusts to actual some time later. When those adjustments occur months after the fiscal year has already ended, the revenues for the fiscal year may appear low and then “catch up” the following year. The Housing Authority Director watches these numbers closely throughout the year and adjusts expenditures as needed. In addition to the fund balance held by the City, the Housing Authority has a reserve that is held by HUD. The Housing Authority draws on this reserve as necessary to ensure the smooth operation of the program.
Finally, HUD regulations prevent the Housing Authority from building up a large fund balance in the HAP reserve; in fact, if the HAP fund balance held by the City is too high, HUD will reduce its funding until the fund balance is lowered. Therefore, fluctuation in fund balance from year to year is anticipated.
The Housing Authority fund balance decreased from $399,015 to $379,755. Of this total, the HAP reserve held by the City was a negative (31,027) to be funded from the HAP balance held by HUD, and $410,782 is admin reserve.
RV Park Fund
Revenues for the RV Park were $11,120 over budget. Operating expenses were $142,840 lower than budgeted. Items under budget include staffing (the part-time Camp Attendant position was not filled), parts and supplies (including new signage which was rebudgeted in FY 23-24, merchandise, and other general supplies), and contracts (including bathroom design which was rolled over to FY 23-24), asset management project, and the online reservation system being implemented late in the fiscal year.
BUDGET-TO-ACTUAL OPERATING RESULTS FY 2022-23
January 16, 2024
8 The RV Park has a working capital balance of $503,933 as of June 30, 2023. Some of this will be utilized for staffing and projects in the next fiscal year (currently budgeted to spend $96,462 out of reserves in FY 23-24), and some will be held in reserve to fund operations and capital improvements in future years.
Sewer Fund
Sewer Fund revenues came in a total of $277,436 over budget. Service revenue, interest, and connections were over budget, partially offset by CSA and grant revenues under budget. CSA revenues are directly tied to CSA expenses, which were also under budget.
The grant revenue was under budget due to grant expenses that rolled over to the next fiscal year.
Operating expenses were $762,065 under budget, spread across multiple departments.
The significant variances were in wages (due to vacancies and time not spent on CSA) and unused benefits for $182,240, and contracts for $464,793 (largely due to grant project not completed and rolled over to the next fiscal year, and the sewer inspection / camera project coming in under budget).
The following table shows the budget variances by category for expenses:
Category Over (Under) Budget
Wages and benefits (182,240)
Utilities (4,332)
Parts and supplies (33,843)
Contract services (464,793)
Travel and training (15,026)
Other (61,841)
Total (762,075)
Working capital (for the Sewer Fund and Sewer CIP Fund combined) decreased from $5,429,739 to $4,465,141. Working capital is a calculation to estimate short-term available funds (not the same as total fund balance). Total net position for the fund increased, partly because of pension liability adjustments required by GASB 68 (which will be expensed in future years), and partly because of the investment in capital assets.
For operating purposes, the outlay for capital improvements is a reduction in working capital because it reduces the cash available to fund other obligations. However, for net position (fund balance) purposes, the capital asset is depreciated over time rather than expensed immediately.
As the Sewer Fund continues to invest in planned capital improvements, the fund’s cash balance (and working capital) will continue to decrease. The current FY 23-24 budget includes planned expenditures of $1,979,125 out of working capital, which if fully spent would reduce the working capital to $2,486,016.
BUDGET-TO-ACTUAL OPERATING RESULTS FY 2022-23
January 16, 2024
9 The City is about to begin working on a sewer rate study, which will provide updated information on the needs of the Sewer Fund to fund ongoing operational costs plus capital improvement needs while maintaining a healthy working capital balance in reserve.
Water Fund
Water Fund revenues came in a total of $8,534 over budget. Service revenue was under budget while interest earnings and connection fee revenue were over budget. More connections have been added, but consumption-based revenue has decreased (mostly related to the prison).
Operating expenses were $372,178 under budget, with the largest variances being staffing and contract services.
Category Over (Under) Budget
Wages and benefits (115,484)
Utilities (37,579)
Parts and supplies (39,306)
Contract services (133,312)
Other (46,497)
Total (372,178)
Working capital (for the Water Fund and Water CIP Fund combined) increased from $3,425,465 to $3,536,257. Working capital is a calculation to estimate short-term available cash (not the same as total fund balance). As the Water Fund continues to invest in planned capital improvements, the fund’s cash balance (and working capital) will decrease. The current FY 23-24 budget includes planned expenditures of $1,639,705 out of working capital, which if fully spent would reduce the working capital to $1,896,552.
The City is currently working on a water rate study, which will provide updated information on the needs of the Water Fund to fund ongoing operational costs plus capital improvement needs while maintaining a healthy working capital balance in reserve.
FISCAL ANALYSIS
Preparation of this report is informational in nature and has no direct fiscal impact.
STRATEGIC PLAN ASSESSMENT
This report is consistent with Strategic Plan Goal 3 to “Maintain responsible fiscal management and accountability.”
ATTACHMENT
1. Budget-to-Actual Report as of June 30, 2023
Description Budget Actual
$ Over
(Under)
Budget
% Over
(Under)
Budget Budget Actual
$ Over
(Under)
Budget
% Over
(Under)
Budget Budget Actual
$ Over
(Under)
Budget
% Over
(Under)
Budget
Non-departmental revenue
Tax revenue 2,300,000 2,319,969 19,969 1% 4,692,200 5,084,797 392,597 8% 6,992,200 7,404,766 412,566 6% Licenses & permits 259,650 261,507 1,857 1% 259,650 261,507 1,857 1% Interest income 7,000 87,930 80,930 1156% 7,000 87,930 80,930 1156% Lease-rental income 30,182 32,204 2,022 7% 30,182 32,204 2,022 7% Other revenue 11,150 19,090 7,940 71% 11,150 19,090 7,940 71% Departmental revenue
City council 93,705 79,947 (13,758) -15% 93,705 79,947 (13,758) -15% City manager 90,000 620 (89,380) -99% 90,000 620 (89,380) -99% Econ dev, community support, grants 121,721 106,310 (15,411) -13% 121,721 106,310 (15,411) -13% City clerk 105,371 99,076 (6,295) -6% 105,371 99,076 (6,295) -6% Human resources 42,103 38,773 (3,330) -8% 42,103 38,773 (3,330) -8% Fire 388,524 81,967 (306,557) -79% 434,431 434,017 (414) 0% 822,955 515,984 (306,971) -37% Police 358,728 263,549 (95,179) -27% 358,728 263,549 (95,179) -27% Code enforcement 59,000 61,839 2,839 5% 59,000 61,839 2,839 5% Building inspection 91,200 116,443 25,243 28% 91,200 116,443 25,243 28% Planning 302,750 57,975 (244,775) -81% 302,750 57,975 (244,775) -81% Streets 231,275 239,176 7,901 3% 231,275 239,176 7,901 3% Parks 17,354 15,253 (2,101) -12% 17,354 15,253 (2,101) -12% Cultural center 46,423 68,064 21,641 47% 46,423 68,064 21,641 47% Swimming pool 206,755 210,476 3,721 2% 206,755 210,476 3,721 2% Revenue total 2,688,524 2,401,936 (286,588) -11% 7,200,998 7,277,047 76,049 1% 9,889,522 9,678,983 (210,539) -2% Non-departmental expenditures 250,650 116,273 (134,377) -54% 250,650 116,273 (134,377) -54% City council 143,968 123,256 (20,712) -14% 143,968 123,256 (20,712) -14% City manager 173,503 79,745 (93,758) -54% 173,503 79,745 (93,758) -54% Econ dev, community support, grants 383,426 350,830 (32,596) -9% 383,426 350,830 (32,596) -9% City clerk 161,464 151,711 (9,753) -6% 161,464 151,711 (9,753) -6% Human resources 142,350 133,623 (8,727) -6% 142,350 133,623 (8,727) -6% Finance 7,500 7,500 - 0% 284,886 223,436 (61,450) -22% 292,386 230,936 (61,450) -21% City attorney 76,757 72,240 (4,517) -6% 76,757 72,240 (4,517) -6% Fire 810,966 182,101 (628,865) -78% 834,388 819,626 (14,762) -2% 1,645,354 1,001,727 (643,627) -39% Police 670,888 609,322 (61,566) -9% 2,740,279 2,329,622 (410,657) -15% 3,411,167 2,938,944 (472,223) -14% Code enforcement 92,693 94,633 1,940 2% 92,693 94,633 1,940 2% Building inspection 69,543 49,493 (20,050) -29% 69,543 49,493 (20,050) -29% Planning 540,920 424,682 (116,238) -21% 540,920 424,682 (116,238) -21% PW admin / engineering 142,757 100,870 (41,887) -29% 142,757 100,870 (41,887) -29% Streets 605,000 376,708 (228,292) -38% 1,457,335 1,381,427 (75,908) -5% 2,062,335 1,758,135 (304,200) -15% Parks 547,501 488,830 (58,671) -11% 547,501 488,830 (58,671) -11% Cultural center 160,002 133,537 (26,465) -17% 160,002 133,537 (26,465) -17% Swimming pool 513,440 490,280 (23,160) -5% 492,352 459,049 (33,303) -7% 1,005,792 949,329 (56,463) -6% Expenditure total 2,607,794 1,665,911 (941,883) -36% 8,694,774 7,532,883 (1,161,891) -13% 11,302,568 9,198,794 (2,103,774) -19% Net operating results 80,730 736,025 (1,493,776) (255,836) (1,413,046) 480,189 Fund balance 6/30/19 - 2,598,700 2,598,700
Fund balance 6/30/20 - 1,427,571 1,427,571
Fund balance 6/30/21 332,467 3,165,056 3,497,523
Fund balance 6/30/22 405,485 3,689,572 4,095,057
Fund balance 6/30/23 1,141,510 3,433,736 4,575,246
City of Crescent City
FY 2022-23 General Fund Operating Report
June 30, 2023 Year End Results
Measure S All Other Total General Fund
Description Budget Actual
$ Over
(Under)
Budget
% Over
(Under)
Budget
Revenue
Interest 140 5,901 5,761 4115%
Recovery - admin 50% 18,000 15,224 (2,776) -15%
Recovery - HAP 50% 18,000 15,223 (2,777) -15%
HCV admin revenue 575,274 522,996 (52,278) -9%
HCV housing assistance 3,473,704 2,877,957 (595,747) -17% EHV admin revenue 11,989 18,435 6,446 54%
EHV service fees 13,125 12,786 (339) -3%
EHV housing assistance 74,912 98,072 23,160 31%
MSV admin revenue 26,837 29,205 2,368 9%
MSV housing assistance 162,690 130,150 (32,540) -20%
MSV leasing assistance - 20,000 20,000
HAP owner reimbursement - 6,188 6,188
Transfers in 670 663 (7) -1%
Revenue total 4,375,341 3,752,800 (622,541) -14%
Expenditures by department
Administration 4,394 4,753 359 8%
Finance 21,316 12,220 (9,096) -43%
City attorney 1,938 805 (1,133) -58%
Housing Authority
HCV housing assistance 3,473,704 2,954,461 (519,243) -15% EHV housing assistance 87,204 98,219 11,015 13%
MSV housing assistance 162,690 145,550 (17,140) -11%
All other 611,860 556,052 (55,808) -9%
Expenditure total 4,363,106 3,772,060 (591,046) -14%
Net operating results 12,235 (19,260)
Fund balance 6/30/19 132,719
Fund balance 6/30/20 330,292
Fund balance 6/30/21 439,847
Fund balance 6/30/22 399,015
Fund balance 6/30/23 379,755
HAP balance 6/30/23 (31,027)
Admin balance 6/30/23 410,782
Total fund balance 379,755
City of Crescent City
FY 2022-23 Housing Fund Operating Report
June 30, 2023 Year End Results
Description Budget Actual
$ Over
(Under)
Budget
% Over
(Under)
Budget
Revenue
Interest - 9,137 9,137
Misc sales 19,500 10,002 (9,498) -49%
Rental revenue 500,000 509,711 9,711 2%
Other revenue - 1,771 1,771
Revenue total 519,500 530,620 11,120 2%
Expenses by department
RV Park 539,194 409,799 (129,395) -24%
Administration 10,636 10,588 (48) 0%
Finance 48,823 35,286 (13,537) -28%
City attorney 9,375 9,515 140 1%
Expense total 608,028 465,189 (142,840) -23%
Net operating results (88,528) 65,432
Reconcile to audit
Net operating results 65,432
Depreciation expense (61,240)
Change in net position 4,192
Net position 6/30/19 1,108,042
Net position 6/30/20 1,112,129
Net position 6/30/21 1,195,642
Net position 6/30/22 1,248,376
Net position 6/30/23 1,252,568
Working capital 6/30/19 157,997
Working capital 6/30/20 224,882
Working capital 6/30/21 369,164
Working capital 6/30/22 433,197
Working capital 6/30/23 503,933
City of Crescent City
FY 2022-23 RV Park Fund Operating Report
June 30, 2023 Year End Results
Description Budget Actual
$ Over
(Under)
Budget
% Over
(Under)
Budget
Revenue
Interest - 103,021 103,021
Other income 25,431 25,894 463 2%
Charges for services 4,434,228 4,580,643 146,415 3%
Sewer connections 110,000 249,796 139,796 127%
Sewer lab 116,000 105,433 (10,567) -9%
County collection systems 200,135 139,245 (60,890) -30% Grant revenue 419,405 358,442 (60,964) -15%
Reimbursements - -
Transfers in 29,154 28,221 (933) -3%
Revenue total 5,334,353 5,590,694 256,341 5%
Expense
Administration 113,584 104,116 (9,468) -8%
Economic development and grants 54,960 50,631 (4,329) -8% Finance 410,225 347,685 (62,540) -15%
City attorney 103,659 80,162 (23,497) -23%
Sewer lab 508,772 413,474 (95,298) -19%
WWTP operations 2,395,126 2,178,137 (216,989) -9%
City collection systems 797,418 562,939 (234,479) -29%
County collection systems 214,559 167,076 (47,483) -22% WWTP maintenance 289,600 221,619 (67,981) -23%
Operating expense total 4,887,903 4,125,838 (762,065) -16% Debt service 1,697,663 1,697,663
Transfers to Sewer CIP Fund 742,000 742,000
Transfers to Equipment Fund 72,999 63,691
Total 7,400,565 6,629,192
Net operating results
(Sewer Fund only) (2,066,212) (1,038,498)
City of Crescent City
FY 2022-23 Sewer Fund Operating Report
June 30, 2023 Year End Results
Sewer CIP Fund Activity
Revenue
Interest - 21,095 21,095
Transfers in from Sewer Fund 742,000 742,000 - 0%
Revenue total 742,000 763,095 21,095 3%
Expense
CIP expenses 1,746,701 640,827 (1,105,874) -63%
Expense total 1,746,701 640,827 (1,105,874) -63%
Net operating results
(Sewer CIP Fund only) (1,004,701) 122,268
Net operating results
Sewer Fund and Sewer CIP Fund
combined (916,230)
Reconcile to audit
Net operating results - Sewer Fund (1,038,498)
Net operating results - Sewer CIP Fund 122,268
Debt service 1,697,663
Depreciation expense (1,728,557)
Capitalized asset expenses 619,142
GASB 68 pension adjustment 795,117
GASB 75 OPEB adjustment 14,936
Change in net position 482,072
Net position 6/30/19 8,140,401
Net position 6/30/20 7,747,435
Net position 6/30/21 7,531,480
Net position 6/30/22 6,632,829
Net position 6/30/23 7,114,901
Working capital 6/30/19 6,305,740
Working capital 6/30/20 6,111,421
Working capital 6/30/21 5,687,894
Working capital 6/30/22 5,429,739
Working capital 6/30/23 4,465,141
Description Budget Actual
$ Over
(Under)
Budget
% Over
(Under)
Budget
Revenue
Interest - 66,246 66,246
Rental revenue 19,869 19,132 (737) -4%
Other revenue 25,080 (1,126) (26,206) -104%
Charges for services 2,666,739 2,589,714 (77,025) -3%
Water connections 80,000 109,519 29,519 37%
Water CSD admin revenue 3,300 3,326 26 1%
Transfers in 29,154 28,221 (933) -3%
Revenue Total 2,824,142 2,815,032 (9,110) 0%
Expense
Administration 112,361 103,488 (8,873) -8%
Economic development and grants 50,012 46,199 (3,813) -8% Finance 389,875 326,326 (63,549) -16%
City attorney 53,026 49,086 (3,940) -7%
Water operations 1,929,062 1,639,485 (289,577) -15%
Water CSD 67,286 64,861 (2,425) -4%
Expense Total 2,601,622 2,229,444 (372,178) -14%
Debt service 350,000 350,000
Transfers to Water CIP Fund 743,000 743,000
Transfers to Equipment Fund 160,441 89,197
Total Expenditures 3,855,063 3,411,642
Net operating results
(Water Fund only) (1,030,921) (596,610)
City of Crescent City
FY 2022-23 Water Fund Operating Report
June 30, 2023 Year End Results
Water CIP Fund Activity
Revenue
Interest - 17,644 17,644
Transfers in from Water Fund 743,000 743,000 - 0%
Revenue Total 743,000 760,644 17,644 2%
Expense
CIP expenses 1,824,286 382,806 (1,441,480) -79%
Expense Total 1,824,286 382,806 (1,441,480) -79%
Net operating results
(Water CIP Fund only) (1,081,286) 377,837
Net operating results
Water Fund and Water CIP Fund combined (218,772)
Reconcile to audit
Net operating results - Water Fund (596,610)
Net operating results - Water CIP Fund 377,837
Debt service 350,000
Depreciation expense (297,753)
Capitalized asset expenses 436,955
GASB 68 pension adjustment 494,847
GASB 75 OPEB adjustment 8,494
Change in net position 773,770
Net position 6/30/19 9,631,711
Net position 6/30/20 10,234,212
Net position 6/30/21 10,980,479
Net position 6/30/22 10,948,847
Net position 6/30/23 11,722,617
Working capital 6/30/19 2,580,622
Working capital 6/30/20 2,345,977
Working capital 6/30/21 3,026,123
Working capital 6/30/22 3,425,465
Working capital 6/30/23 3,536,257
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: DAVID YEAGER, PUBLIC WORKS DIRECTOR
ANDREW LEIGHTON, ENGINEERING PROJECT MANAGER
DATE: JANUARY 16, 2024
SUBJECT: AUTHORIZATION TO SEPARATELY BID POOL FLOORING AND POOL
HVAC PROJECTS
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from Council
• Receive public comment
• Further Council discussion
• Authorize City Staff to advertise two separate projects: The Fred Endert Pool Deck and Locker Room Flooring Replacement (Project 1) and the Fred Endert Pool Energy Efficiency Infrastructure Upgrade Project (Project 2).
BACKGROUND
The Fred Endert Municipal Swimming Pool is owned and operated by the City of Crescent City and has been serving the community of Crescent City and Del Norte County since 1966. During a renovation project in 2008, the spa was installed, an ADA bathroom was installed, the locker rooms and lobby were remodeled, the mechanical room had repairs and upgrades, and the pool deck was improved. Upon completion the pool deck had areas of ADA non-compliance. To correct the grades, a thin layer of cementitious leveling compound was installed. The drainage plumbing remained in place and was re-accessed through saw cutting the expansion joint/drainage entry. The sharp edges were prone to chipping. The locker rooms/shower areas have 7 floor drains each, but also have large areas that are prone to holding water which patrons need to walk around or through and causing an unsightly appearance, if not constantly maintained by staff.
Johnson Controls, Inc. (JCI) performed an energy efficiency audit and proposed projects to increase efficiency and improve the Fred Endert pool environment. The energy audit was completed in February 2021 and was at no cost to the City. Although the City ultimately decided not to proceed with the implementation of the project by JCI due to estimated costs and other factors, City staff was directed to prepare a new bid package for pool efficiency improvements to competitively bid the project. The City and AECOM entered into a Professional Services Agreement on May 26, 2022 through an open
REQUEST TO BID POOL FLOORING & HVAC PROJECTS
JANUARY 16, 2024
2 Request for Qualification process. The energy audit items were provided to AECOM to be used to develop the scope of work for the developed bid package. Based on Council approval on January 17, 2023, AECOM signed Task Order 1 with the City on January 25, 2023 for $140,384 for the HVAC design of the Fred Endert Pool.
ITEM ANALYSIS
The pool flooring project covers removal of the existing flooring in the locker rooms and removal of the corrective Ardex leveling course placed over portions of the pool deck to reach the original concrete substrate. Both the pool deck and locker room floors will have drainage corrections made with a coating of an aggregate based polyurethane.
Polyurethane coating will then be placed in multiple layers with decorative aggregate then topped with two coats of clear polyurethane to provide a sealed non-slip finished floor.
City staff will handle the removal and reinstallation of the stainless-steel appurtenances, partitions and benches within the locker room and pool deck.
The pool utility efficiency design and upgrades included in the AECOM plans and specifications will include higher efficiency condensing boilers, a new pool circulation pump, building dehumidifier units, an on/off switch with timer for the spa pump, replacement of the spa and shower hot water with an efficient heat exchanger, and repairs to the building envelope to make air handling more efficient. This bid package contains alternative bid items to provide more flexibility to staff when analyzing the received bid documents.
As these scopes of work vary between two distinct contractor disciplines, City staff is requesting Council authorization to advertise the projects separately.
FISCAL ANALYSIS
The current available pool flooring and decking budget was established through Measure S commitments in previous fiscal years and has been rolled over into the FY 2023-2024 budget. This budgeted amount was obtained from flooring contractors through the process of researching for quality flooring alternatives.
Item Budget
Locker Room Grading & Coating $150,000
Pool Deck Grading & Coating $170,000
Total Cost $320,000
The efficiency upgrades have been funded by Measure S and by City ARPA funds.
Funding Source
Measure S $ 516,233
ARPA $ 670,158
Total $ 1,186,391
REQUEST TO BID POOL FLOORING & HVAC PROJECTS
JANUARY 16, 2024
3 Less AECOM Design cost $ 140,384
Remaining funds for Construction $ 1,046,007
Below is a table summary of the probable costs from AECOM. The basis for the costs includes adjustments for our remote location and are intended to be conservatively high.
Project management, professional fees, permits, inspections are not included and will be covered by city staff.
AECOM Scope Items Budget
Upgrade Pool AHU3 fan motor and add VFDs $20,415
AHU Replacement / Dehumidification $320,310
Condensing Boiler Replacement – Pool, Spa & DHW $700,830 DHW Tank Replacement $3,840
Building Envelope $15,760
Construction Total $1,061,155
Alternative - Boiler Replacement (in-kind) < $300-500,000> AECOM’s projected associated costs
Mobilization (5%) $53,058
Contractor Overhead (20%) $212,231
Construction Contingency (10%) $106,115
Total Soft Costs $371,404
Budgeted Total Cost $1,432,559
AECOM’s Low Range Estimate $1,548,788
AECOM’s High Range Estimate $2,186,525
The Boiler Replacement Alternative would save $300,000 - $500,000 dollars, which may keep us within budget depending on the actual range of bids. This alternative would be to replace the existing worn-out boiler with a less efficient but more durable boiler like the one we are currently using.
City staff recommends the issuing of both bid packages so staff can return to council seeking direction as to which contracts and scopes of work to award if budgetary shortfalls occur.
STRATEGIC PLAN ASSESSMENT
GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND HEALTH TO
ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR RESIDENTS AND
VISITORS
C. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs.
REQUEST TO BID POOL FLOORING & HVAC PROJECTS
JANUARY 16, 2024
4 F. Incorporate health considerations into decision-making across departments and policy areas by:
d. Examining methods to maintain, enhance, and expand park and recreation facilities.
GOAL 2: PROMOTE A THRIVING LOCAL ECONOMY
F. Plan and prepare for the growth and future needs of the Crescent City community by:
g. Engaging with residents, visitors, and businesses through ongoing marketing of City products, services, and facilities.