Agenda packet — El Cajon City Council, July 8, 2025 (part 2 of 2)

RESOLUTION NO. __-25

RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF EL CAJON

APPROVING

THE EARLY TERMINATION

OF AMERICAN RESCUE PLAN ACT SUBRECIPIENT AGREEMENT WITH THE CHALDEAN COMMUNITY COUNCIL FOR IMPROVEMENTS AT 405 EAST

LEXINGTON AVENUE

WHEREAS, the City of El Cajon (the "City") owns the property located at 405 East Lexington Avenue (the "Property"), which is currently leased to the Chaldean Community Council (“CCC”) to provide social services to residents of the City and for the operation of a small business incubator program; and

WHEREAS, on December 18, 2024, the City entered into an a greement (the “Agreement”) with the CCC for the purpose of overseeing building improvements at 405 E. Lexington Avenue, in which t he City agreed to provide American Rescue Act Plan (“ARPA") funds in the amount of $609,950, including a Construction Management Fee , equal to ten (10) percent of the value of the reimbursement; and

WHEREAS, the intent of this A greement was to expedite building improvements , while alleviating staff time from competing ARPA -related projects that were running simultaneously, and to safeguard funds ahead of the December 31, 2024 ARPA Obligation Deadline; and

WHEREAS, after the execution of the agreement, the CCC initiated and completed the demolition phase for the improvements at the property, utilizing a contractor that they believed was procured under the terms of the Agreement , which is based upon the Federal procurement requirements under the ARPA; however, after working with the CCC to collect required documentation to verify compliance with Federal regulations, staff is concerned that the CCC is not adequately equipped to oversee the improvements to the Property, while meeting those conditions that are required by the Agreement; and

WHEREAS, following discussions with the CCC concerning the demolition phase, as well as preparing the requests for proposals for the subsequent construction phase, and in lieu of any notice to terminate the Agreement from the City, City staff and the CCC have mutually agreed to terminate the existing Agreement immediately, with the City facilitating the building improvements as a separate project; and

WHEREAS, the ARPA Obligation Deadline has passed, and provisions under ARPA grant that the replacement of an existing contract is permitted under three (3) circumstances, one of which stipulates that a contract may be “terminated due to business default, closure, or inability to perform”; and

WHEREAS, City Council believes it to be in the City’s best interest to approve the early terminat ion of the Agreement between the City and the CCC for tenant improvements at the Property; and
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WHEREAS, the proposed action to terminate the Agreement is not subject to the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section 15378, and will not result in direct or indirect physical changes in the environment.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL CAJON AS FOLLOWS:

1. The above recitals are true and correct, and are the findings of the City Council.

2. The City Council finds that the proposed action to terminate the Agreement is not subject to the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section 15378, and will not result in direct or indirect physical changes in the environment.

3. The City Council hereby approves early termination of the American Rescue Plan Act Subrecipient Agreement with the Chaldean Community Council , effective immediately, and authorizes the City Manager and the City Clerk to execute such documents and take such actions necessary to effectuate the intent of this Resolution.

070825 CC Agenda
Reso- CCC Early Termination – 070225
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AMERICAN RESCUE PLAN ACT SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF EL CAJON AND

THE CHALDEAN COMMUNITY COUNCIL
Improvements to 405 E. Lexington Avenue to
Support Small Business Incubator and Social Services
l
tiJ.1A THIS~ AGREEMENT ("Agreement") is made and entered into this _ v_,r_, day of ~_~~=~~--• 2024 ("Effective Date"), by and between the CITY OF EL CAJON , a California charter city and municipal corporation ("City") and the Chaldean Community Council , a California non-profit corporation ("Subrecipient").

RECITALS
A. The American Rescue Plan Act ("ARPA"), Public Law No. 117-2, was signed by President Joseph R. Biden on March 11, 2021, and established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal This program is intended to provide support to State, territorial, local, and Tribal governments in responding to the economic and public health impacts of COVID-19 and in their efforts to contain impacts on their communities, residents , and businesses.

B. The City has been directly allocated ARPA funds for the benefit of the community .

C. ARPA funds allocated may only be used for expenditures incurred between March 3, 2021, and December 31, 2024 , in guidance from the United States Treasury Department, including the answers to Frequently Asked Questions.

D. On October 22, 2024, the El Cajon City Council approved an expenditure plan for the ARPA funds ("Expenditure Plan"), wherein approximately $1 ,059,950 was allocated for Economic Development.

E. Subrecipient has submitted a proposal to the City for tenant improvements at a leased property, owned by the City at 405 E. Lexington Avenue ("Property") to support small business incubator services and social services for vulnerable members of the El Cajon community. This work ("Project") is eligible for expenditure of the Recovery Funds under the Uniform Guidance . The procurement of the Project complies with both the Uniform Guidance and Procurement Code provisions.

F. The City has agreed to provide ARPA funds to the Subrecipient in the amount an amount up to $609 ,950 for costs associated with the Program ("Grant Funds") .

G. The Parties intend this Agreement to set forth Subrecipient's obligations under ARPA and all other regulations pertaining to the Grant Funds. 1 2024/Subrecip ient Agmt- Chaldean Community Council 102324 NOW THEREFORE, in consideration of the mutual covenants set forth herein, and the mutual benefits to be derived therefrom, the City and Subrecipient agree as follows:

1. SCOPE OF SERVICES. Subrecipient shall provide services as more particularly described in Exhibit "A," entitled Scope of Services ("Services"), attached and incorporated by reference, in accordance with this Agreement.

2. TERM. The term of the Agreement shall begin on November 1, 2024, and shall remain in effect until December 31, 2025, unless otherwise terminated pursuant to the provisions herein.

3. GRANT FUNDS. City shall allocate to Subrecipient a grant amount not to exceed $609,950, as further described in Exhibit "B."

4. ELIGIBILITY FOR THE PROGRAM. Subrecipient hereby certifies that it has the authority and approval from its governing body or officials to execute this Agreement and receive Program Funds for eligible uses specified under this Agreement. The City of El Cajon shall make Program funds available to designated program participants within El Cajon.

5. NOTICES. Any notices provided for, or required, to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid , addressed to the party to be served as follows:

CITY
City of El Cajon
Attn: Ryan Villegas
200 Civic Center Way
El Cajon, CA 92020

SUBRECIPIENT
Chaldean Community Council
Attn: Noori Barka
405 E. Lexington Avenue
El Cajon, CA 92020

6. AVAILABILITY OF GRANT FUNDS . City's allocation of funding to Subrecipient is contingent upon the allocation funds to the City under ARPA. In the event of funding reduction, including elimination, the City may reduce the Grant Funds as a whole or as to cost category , and may, at its sole discretion, limit Subrecipient's authority to commit and spend Grant Funds, and may restrict Subrecipient's use of both its uncommitted and its unspent Grant Funds. Any such change shall be reflected by written amendment to this Agreement pursuant to Section 8.4. Notwithstanding the foregoing, the City may also terminate this Agreement pursuant to Section 8.5 of this Agreement.

7. COMPLIANCE. By executing this Agreement, Subrecipient hereby certifies that it will adhere to and comply with the same obligations to the, including adherence to all federal requirements , pursuant to its application and certifications for any funding related to ARPA, including but not limited to the following, as they may be applicable:

7.1 The ARPA Final Rule and guidelines set forth by the U.S. Department of the Treasury.
2 2024/Subrec ipient Agmt - Chaldean Commun ity Council 102324

7.2 Sections 602 and 603 of the Social Security Act, as added by Section 9901 of ARPA (Subtitle M of Title IX of Public Law 117-2), which amends Title VI of the Social Security Act (42 U.S.C. 801 et seq.)

7.3 Office of Management and Budget (0MB) Circulars, as applicable: 0MB Circular A-21 (Cost Principles for Educational Institutions); 0MB Circular A-87 (Cost Principles for State, Local, and Indian Tribal Governments); 0MB Circular A-102 (Grants and Cooperative Agreements with State and Local Governments); Common Rule, Subpart C for public agencies or 0MB Circular A-110 (Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations); 0MB Circular A-122 (Cost Principles for Non-Profit Organizations); 0MB Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations.

7.4 Single Audit Act (31 USC Sec. 7501 et seq.), 0MB Circular A-133 (as stated above) and any administrative regulation or field memoranda implementing the Act, including related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding internal controls, §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements, and the Catalog of Federal Domestic Assistance (CFDA) 21.019.

7.5 Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and implementing regulations issued at 24 CFR Part I; Title VI 11 of the Civil Rights Act of 1968 (P. L. 90-284) as amended; Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations at 41 CFR Chapter 60; Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107.

7.6 Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112), as amended, and implementing regulations.

7.7 The Age Discrimination Act of 1975 (P.L. 94-135), as amended , and implementing regulations.

7.8 The Federal Accounting and Transparency Act of2006 (P.L. 109-282), as amended by Section 6202(a) of P.L. 110-252.

8. GENERAL CONDITIONS.

8.1 Subrecipient as Independent Contractor. In the performance of this Agreement , Subrecipient, and Subrecipient's employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City. Subrecipient acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Subrecipient, or to Subrecipient's employees, subcontractors and agents. This Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture . 3 2024/Subrecip ient Agmt - Cha/clean Community Council 102324 Subrecipient shall be responsible for any and all taxes that apply to Subrecipient as an employer.

Subrecipient shall determine the method, details, and means by which it provides Services. Subrecipient shall be responsible to the City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to the City's control with respect to the physical action or activities of Subrecipient in fulfillment of this Agreement. If in the performance of this Agreement, any third persons are employed by Subrecipient, such persons shall be entirely and exclusively under the direction, supervision, and control of Subrecipient. All terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirements of law, shall be determined by Subrecipient.

8.2 Indemnity. Except as to the sole negligence or willful misconduct of the City, Subrecipient shall defend, indemnify, and hold the City, and its officers, employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the Program or the performance of the Services under this Agreement by Subrecipient or any of its employees, agents or subcontractors, and from all claims by Subrecipient' s employees , subcontractors and agents for compensation for services rendered to Subrecipient in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Subrecipient or of Subrecipient's employees, subcontractors or agents.

Subrecipient understands and agrees that it shall defend the City from any claim even if it appears to be without merit.

Subrecipient shall also defend, indemnify, and hold the City harmless from any loss, damage, or attorneys' fees incurred because of any claim by any person or entity, including the State of California.

Parties also expressly agree that any payment, attorneys' fees, cost, or expense that the City incurs, or makes to or on behalf of an injured employee under the City's self-administered workers' compensation, is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement.

8.3 Insurance.

8.3.1 General Provisions. Prior to the City's execution of this Agreement , Subrecipient shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law. 4 2024/S ubrecipient Agmt - Cha/clean Comm unity Cou ncil 102324

8.3.2 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Subrecipient's indemnification obligations under Section 8.2 hereof.

8.3.3 Ratings. Any insurance policy or coverage provided by Subrecipient or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VII or higher.

8.3.4 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to the City by certified or registered mail, postage prepaid.

8.3.5 Adequacy. City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Subrecipient pursuant to this Agreement are adequate to protect Subrecipient. If Subrecipient believes that any required insurance coverage is inadequate, Subrecipient will obtain such additional insurance coverage, as Subrecipient deems adequate, at Subrecipient's sole expense.

8.3.6 Workers' Compensation Insurance. By executing this Agreement, Subrecipient represents that Subrecipient is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance before commencing any of the work. Subrecipient shall carry the insurance or provide for self-insurance required by California law to protect said Subrecipient from claims under the Workers' Compensation Act. Prior to the City's execution of this Agreement, Subrecipient shall file with City either (1) a certificate of insurance showing that such insurance is in effect, or that Subrecipient is self-insured for such coverage, or (2) a certified statement that Subrecipient has no employees, and acknowledging that if Subrecipient does employ any person, the necessary certificate of insurance will immediately be filed with the City. Any certificate filed with the City shall provide that the City will be given at least ten (10) days prior written notice before modification or cancellation thereof.

8.3.7 Commercial General Liability. Prior to the City's execution of this Agreement, Subrecipient shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance as required to insure Subrecipient against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Subrecipient. City, and its officers, employees and agents, shall be named as additional insureds under Subrecipient's insurance policies.

Subrecipient's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products completed operations liability, independent 5 2024/Subrecipient Agmt - Chaldean Community Council 102324 contractor's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000.

Prior to the City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with the City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:

It is agreed that the City of El Cajon, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of El Cajon.

8.3.8 Subcontractors' Insurance. Subrecipient shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss, which may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers' Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon the City's request, Subrecipient shall provide the City with satisfactory evidence that subcontractors have obtained insurance policies and coverages required by this section.

8.3.9 Commercial Automobile Insurance. Subrecipient is required to provide commercial automobile liability insurance for this Agreement with the exception being those subrecipients that do not require the use of an automobile to meet program requirements as detailed in the Scope of Work.

If Subrecipient does not require the use of an automobile to meet program requirements in the Scope of Work, Subrecipient must complete a Certification Regarding Automobile Usage and Receipt of Grant Funding from City of El Cajon.

If Subrecipient requires the use of an automobile or must drive to meet program requirements in the Scope of Work, Subrecipient must submit insurance certificates acceptable to the City that meet the following requirement(s): Subrecipient's automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Subrecipient's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Subrecipient's performance of this Agreement , which vehicles shall include, but are not limited to, Subrecipient owned vehicles, Subrecipient leased vehicles, Subrecipient's employee vehicles, non Subrecipient owned vehicles and hired vehicles. City, and its officers, employees and agents, shall be named as additional insureds under the Subrecipient's automobile insurance policy.
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8.4 Amendment. This Agreement may only be amended in writing by mutual agreement between the City and Subrecipient.

8.5 Termination.

8.5.1 For Cause. City may terminate this Agreement immediately if Subrecipient materially fails to comply with any terms of this Agreement, including but not limited to:

A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and, policies or directives as may become applicable at any time; B. Failure, forany reason, to fulfill in a timely and proper manner its obligations under this Agreement;
C. Improper use of Grant Funds provided under this Agreement; and D. Submission of reports that are incorrect or incomplete in any material respect.

8.5.2 For Cause - Additional Remedies. If Subrecipient materially fails to comply with any term of this Agreement, as set forth in subsection 7.6.1 herein, the City, in addition to immediate termination, may also take any one or more of the following actions as appropriate in the circumstances:

A. Temporarily withhold Grant Funds pending correction of the deficiency by Subrecipient;
B. Disallow all or part of the cost of the activity or action not in compliance;
C. Withhold further Grant Funds for the Program; and
D. Take other remedies that may be legally available.

8.5.3 Availability of Grant Funds. Should the Grant Funds change pursuant to Section 5 of this Agreement, the City may suspend the operation of this Agreement upon three (3) days written notice to Subrecipient of its intention to so act.

8.5.4 Without Cause. Notwithstanding any other provision of this Agreement, this Agreement may be terminated for convenience by either Party, upon ten (10) days written notice to the other Party.

8.6 Costs Following Termination. Costs of Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of this Agreement are not allowed unless the City expressly authorizes them in writing in 7 2024/ Subrecipient Agmt - Chaldean Communit y Cou ncil 102324 connection with any notice of suspension or termination. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowed if: (a) the costs resulted from obligations which were properly incurred by Sub recipient before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are non-cancellable; and (b) the costs would be allowable if the award were not suspended or expired at the end of the funding period in which the termination takes effect.

9. ADMINISTRATIVE REQUIREMENTS.

9.1 Use of Grant Funds. Except as otherwise limited by this Agreement, Grant Funds shall be used exclusively to cover Eligible Expenses in implementing the Program consistent with the requirements of ARPA.

9.2 Budget. Subrecipient hereby certifies and agrees that Grant Funds shall be used exclusively as described in the Budget, attached hereto as Exhibit "B". Any deviation from the attached Budget must be approved by the City, in writing. Subrecipient shall not make expenditures that deviate from the Budget Act or from the guidance given by the United States Treasury Department, including the answers to Frequently Asked Questions.

9.3 Changes in Grant Allocation. City reserves the right to reduce the grant allocation when the City's fiscal monitoring indicates that Subrecipient's rate of expenditure will result in unspent funds at the end of the term. Changes in the grant allocation will be done after consultation with Subrecipient. Such changes shall be incorporated into this Agreement by written amendments.

9.4 Program Records. Subrecipient shall maintain financial, programmatic, statistical and other supporting records of its operations and financial activities, including but not limited to, documentation of all Grant Funds received from the City or other sources to operate the Program, documentation of expenses identified in the Budget, and any other related records as City may require from time to time. Such records shall be retained for a period five (5) years after termination of this Agreement or after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records.

9.5 Quarterly Reports. Subrecipient shall provide the City with quarterly reports as detailed on Exhibit "C" attached hereto and incorporated herein by reference, as well as any other reports as the City may reasonably require. Such reports shall identify the amount paid from the Grant Funds and the balance of the Grant Funds that Subrecipient has not spent.

9.6 Performance Monitoring. City will monitor the performance of Subrecipient against goals and performance standards required herein. Substandard performance as determined by the City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within a reasonable period of time after being notified by the City, termination 8 2024/Subrecipient Agmt - Chaldean Commun ity Council 102324 procedures will be initiated pursuant to Section 8.5.

9.7 Recognition of City. Subrecipient shall ensure recognition of the City in providing funding for the Services provided by this Agreement. All advertisements, notifications, publications, signs, brochures, and other promotional or information material shall identify the Program as being funded in part by the City of El Cajon's American Recue Plan Act Allocation for response to COVID-19.

9.8 Lobbying. Subrecipient certifies to the best of its knowledge and belief that:

9.8.1 No federally 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 any 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.

9.8.2 If any funds other than federally 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.

9.8.3 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

10. PROCUREMENT STANDARDS.

Subrecipient shall ensure that the following provision are applies to any sub-awardee of the Subrecipient in any applicable sub-award or contract.

10.1 Full and Open Competition. Subrecipient must ensure that the procurement process allows for full and open competition, meaning that no contractors are unfairly excluded from bidding to prevent favoritism and ensures best value for the funds and that selected contractors are registered with the System for Award Management (SAM) (reference 2 CFR 200.320).

10.2 Avoiding Conflicts of Interest. Federal rules require that Subrecipient avoid real or perceived conflicts of interest, meaning that no employee, officer, or agent of the Subrecipient may participate in the selection, award, or administration of a contract if they have a personal or financial interest in the contractor. 9 2024/Subrecipient Agmt - Chaldean Community Council 102324

10.3 Documenting Procurement Decisions. Sub recipient shall maintain proper documentation for every procurement decision made, including documenting the rationale for choosing a contractor, the procurement method used, and the basis for the contract price.

10.4 Use of Approved Procurement Methods. Federal guidelines identify different procurement methods based on the size of the purchase:
•
•
•
•
Micro-purchase (below $10,000): Subrecipient may directly procure goods or services without competition, but purchases must be equitably distributed among qualified suppliers.

Small purchase (up to $250,000): Subrecipient must obtain price or rate quotations from a reasonable number of qualified sources.

Sealed bids (for larger projects): Subrecipient must use sealed bid procurement for construction and requires advertising bids publicly.

Contracts are awarded to the lowest responsible bidder.

Non-competitive (sole-source) procurement: Subrecipient is allowed, only in specific circumstances and when the service is available from only one provider, or there is an urgent need.

10.5 Federal Contract Provisions. Sub recipient is to ensure contracts include required federal provisions, such as:
• Equal Employment Opportunity (EEO) clause,
• Davis-Bacon Act (prevailing wage) provisions for contracts involving construction over $2,000, and
• Termination for Cause and other clauses specified by federal guidelines.

10.6 Cost or Price Analysis. For purchases over the federal simplified acquisition threshold (currently $250,000), Subrecipient must conduct a cost or price analysis to ensure that the contract cost is reasonable.

10.7 Debarment and Suspension. Subrecipient shall verify that contractors are not debarred or suspended from receiving federal funds, which can be viewed through the System for Award Management (SAM) website.

11. PERFORMANCE OF WORK
The following provisions shall be followed in the performance of work at 405 E. Lexington Avenue:

11.1 Prior to commencing work, all building permits are required to be secured.

11.2 Work not requiring permits shall be inspected and issued final approval of the City.
10 2024/Subrecipient Agmt - Chaldean Community Council 102324

11.3 Purchased and installed equipment, as identified in Exhibit "A," shall include warranties.

11.4 Funds will be distributed to Subrecipient within thirty (30) days after completion of work, as defined by City's approved final inspection, and provision of receipts and invoices. A management fee, equal to 10 percent of the value of the reimbursement, will also be paid at the time of disbursement of funds.

12. MONITORING AND REPORTING.

12.1. Subrecipient agrees to provide the El Cajon access to all necessary data and documentation gathered for purposes of monitoring Program compliance.

Subrecipient shall provide the El Cajon with information and dates, in sufficient detail, that indicate the use of the funds for the Program and the impact and outcome of the services provided as specified in this Agreement. Failure to submit proper documentation including, but not limited to, documentation verifying eligible expenses may result in termination of this Agreement and recoupment of funds provided to Subrecipient.

12.2 Subrecipient shall provide to El Cajon reports, on a periodic basis as defined by El Cajon. Such reports shall summarize Subrecipient's receipts and expenditures of the funds provided to Subrecipient under this Agreement as detailed in Exhibit "B" and specify the Program Scope of Work and Budget outlined in Exhibits "A" & "B," attached hereto and incorporated herein. In addition, Subrecipient will furnish to El Cajon, with reasonable promptness, such interim reports or such additional information in connection with the Services, as El Cajon may periodically request.

13. AUDIT REQUIREMENTS. Subrecipient will be subject to a single audit pursuant to 2 CFR 200.501 (a) if Subrecipient expends $750,000 or more in Federal awards during their fiscal year.

If subject to the single audit, the Subrecipient must:
• Procure or otherwise arrange for the audit required by this part in accordance with 2 CFR 200.509, and ensure it is properly performed and submitted when due in accordance with 2 CFR 200.512 .
• Prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510. • Promptly follow up and take corrective action on audit findings, including preparation of a summary schedule of prior audit findings and a corrective action plan in accordance with 2 CFR 200.511 (b) and (c), respectively. • Provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by this part.
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14. NONDISCRIMINATION. During Subrecipient's performance of this Agreement, Subrecipient shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, genetic information, gender, gender identity, gender expression, or sexual orientation, military and veteran status, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code.

Further, Subrecipient agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.

15. CONFLICT OF INTEREST. Subrecipient represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Services. Subrecipient further warrants that Subrecipient have any real property, business interests or income interests that will be affected by this project or, alternatively, that Subrecipient will file with City an affidavit disclosing any such interest.

16. COPELAND ANTI-KICKBACK ACT. Subrecipient shall comply with 18 U.S.C. §874, 40 U.S.C. §3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this contract.

17. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and cannot be modified or amended except by mutual written agreement of both Parties.

18. SEVERABILITY. In the event that any provision or clause of this Agreement conflicts with applicable law, such conflict shall not affect other provisions which can be given effect without the conflicting provision. To this end the provisions of this Agreement are declared to be severable.

19. WAIVER. Whenever, under this Agreement, a Party, by a proper authority, waives another Party's performance in any respect or waives a requirement or condition of another Party's performance, the waiver so granted, whether express or implied, shall only apply to the particular instance and shall not be deemed a waiver forever or for subsequent instances of the performance, requirement or condition. No such waiver shall be construed as a modification of this Agreement regardless of the number of times a party may have waived the performance, requirement or condition.

20. COUNTERPARTS. This Agreement may be signed by the Parties hereto in counterparts, each of which shall be an original but all of which together shall constitute one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party, it being understood that both parties need not sign the same counterpart. In the event that any signature is delivered by facsimile or electronic transmission, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as though such facsimile or electronic signature page were on original thereof. 12 2024/Subrecipient Agmt - Chaldean Community Council 102324

21. EXHIBITS. The following exhibits attached hereto are incorporated herein to this Agreement by this reference:

Exhibit "A" - Scope of Services
Exhibit
11 B
11 - Budget
Rule Exhibit "C" - Quarterly Reports
[Remainder of page intentionally left blank]
13 2024/ Subrecipi ent Agmt - Chaldean Community Counc il 102324 IN WITNESS WHEREOF, the City and Subrecipient have caused this Agreement to be duly executed on the day and year first written above.

CITY OF EL CAJON,
a California Charter city
and municipal corporati
ATTEST:

C, City Clerk
APPROVED AS TO FORM:
14 CHALDEAN COMMUNITY COUNCIL,
a California non-profit corporation
Bv ~~~ ~==
Noori Sarka, President
By _____________ _
2024/Subrec ipient Agmt - Chaldean Community Council 102324 Roof Repairs
EXHIBIT "A"

SCOPE OF WORK
o C-39 licensed roof contractor
o Building Permit: required
o Warranty : Minimum 3 year workmanship and 15 year rolled roof manufactured warranty
HVAC Repairs/Replacement
o Licensed mechanical contractor
o Building permit: required
o Warranty : Minimum 1 year labor and 10 year warranty on equipment Restore/Correct Unpermitted Work
o Television studio control room into compliance with Building Code (Building Permit required)
o Remove courtyard gazebo/awning
o Install hose bib in courtyard
o Repair drainage in courtyard
o Repair locking mechanism on windows (all required)
o Complete drywall under exterior stairs
o Parking striping and mark handicap accessible parking space(s) o Remove non-compliant counter on 2nd floor
o Repair shower at 2nd floor bathroom
o Balcony/deck replaced damaged cracked areas
o Install tempered windows on 1st floor
General Building Repairs
o Flooring repairs/replacement
o Paint exterior walls in courtyard
o Install locking motor gate to parking lot entrance
o Ensure all electrical outlets working with cover plates o Drywall and paint inside offices where damage exists
o Wall flooring molding through offices
o Illuminated exit signs
o Rehabilitate landscaping at front on Lexington Avenue Small Business Incubator Improvements
o Remove fixed module furniture in "reception area"
o Remove kitchen island
o Remove desk & furniture in alcove area
o Remove carpet/replace with vinyl flooring
o Paint walls
o Install furniture and equipment
Building Code & ADA Issues
o Bathroom renovations to comply with ADA
o Remove non-compliant counters
o Lever type hardware at doors for accessibility
Scope of Work
Roof Repairs
HVAC Repairs/Replacement
Restore/Correct Un permitted
Work
Small Business Incubator
Improvements
General Buildinq Repairs
Buildinq Code & ADA Issues
TOTAL
EXHIBIT "B"
BUDGET
Cost
Estimate
$180,000
$150,000
$120,000
$55 ,000
$27,500
$22,000
$554,500
Estimate
Construction
Manaaement Fee TOTAL
$15,000 $198,000
$15,000 $165,000
$12,000 $132,000
$5,500 $60 ,500
$2,750 $30 ,250
$2,200 $24 ,200
$55,450 $609,950
EXHIBIT "C"

REPORTING
Quarterlv Project and Expenditure Report Timeline
Report Year Quarter Period Covered Internal Due Date
1 2024 4 Oct 1 - Dec 31 Jan 15, 2025
2 2025 1 Jan 1 - Mar 31 Apr15,2025
3 2025 2 Apr I - Jun 30 Jul 15,2025
4 2025 3 Jul 1 - Sep 30 Oct 15, 2025
5 2025 4 Oct 1 - Dec 31 Jan 15, 2026
6 2026 1 Jan 1 - Mar 31 Apr 15, 2026
7 2026 2 Apr 1 - Jun 30 Jul 15,2026
8 2026 3 Jul 1 - Sep 30 Oct 15, 2026
9 2026 4 Oct 1 - Dec 31 Mar 15, 2027
Annual Project and Expenditure Report r r Imeme
Report Year Period Covered Internal Due Date
1 2024 Apr 1, 2023 - Mar 31, 2024 Apr15,2024
2 2025 Apr 1, 2024 - Mar 31, 2025 Apr15,2025
3 2026 Apr 1, 2025 - Mar 31, 2026 Apr15,2026
4 2027 Apr 1, 2026 - Dec 31, 2026 Apr15,2027
Each quarterly report shall include:
o Progress on each item identified in the Scope of Work (Exhibit "A"), o New contracts, agreements, etc., and
o Amounts expended during the quarter.

Due Date
Jan 31, 2025
Apr30,2025
Jul 31, 2025
Oct 31, 2025
Jan 31, 2026
Apr30,2026
Jul31,2026
Oct 31, 2026
Mar 31, 2027
Due Date
Apr30,2024
Apr30,2025
Apr30,2026
Apr30,2027
City Council
Agenda Report
Agenda Item 12.

DATE: July 8, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Mayor Wells
SUBJECT: Council Activity Report
RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

Government Code Section 53232.3(d) requires members of a legislative body to provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. This City Administrative Activity is not a project and therefore not subject to CEQA.

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

June 26, 2025 - Interview with Voice of San Diego
June 27, 2025 - SANDAG Board of Directors Meeting
July 8, 2025 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Bill Wells, Mayor
.!!!!_ Valley of opportunity
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City Council
Agenda Report
Agenda Item 13.

DATE: July 8, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Goble
SUBJECT: COUNCILMEMBER STEVE GOBLE
MTS (Metropolitan Transit System Board); East County Advanced Water Purification Joint Powers Authority Board; Chamber of Commerce – Government Affairs Committee; SANDAG – Board of Directors – Alternate; SANDAG Public Safety Committee – Alternate.

RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

June 19, 2025 - Emails with Union-Tribune re: Opinion Piece June 26, 2025 - Emails with Bashar S re: Speeding on Dorothy June 26, 2025 - Attend San Diego Regional Building Authority JPA Board Meeting June 26, 2025 - Attend MTS Board of Directors Meeting
June 29, 2025 - Attend Shadow Mountain Celebrate America Production June 30, 2025 - Phone call with Paul re: Speeding on Dorothy July 1, 2025 - Lunch with former Supervisor Jacob
July 4, 2025 - Attend Kennedy Park July 4th Event
July 7, 2025 - Meeting with City Manager
July 8, 2025 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Steve Goble, Councilmember
.!!!!_ Valley of opportunity
~ ~ ~
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City Council
Agenda Report
Agenda Item 14.

DATE: July 8, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Mayor Pro Tem Kendrick
SUBJECT: MAYOR PRO TEM GARY KENDRICK
METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.

RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

July 8, 2025 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Gary Kendrick, Mayor Pro Tem
.!!!!_ Valley of opportunity
~ ~ ~
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"'Poratel\
City Council
Agenda Report
Agenda Item 15.

DATE: July 8, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Metschel
SUBJECT: COUNCILMEMBER MICHELLE METSCHEL
Harry Griffen Park Joint Steering Committee; METRO
Commission/Wastewater JPA – Alternate; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate.

RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

July 8, 2025 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Michelle Metschel, Councilmember
.!!!!_ Valley of opportunity
~ ~ ~
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"'Poratel\
City Council
Agenda Report
Agenda Item 16.

DATE: July 8, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Councilmember Ortiz
SUBJECT: COUNCILMEMBER PHIL ORTIZ
League of California Cities, San Diego Division; East County Economic Development Council; MTS (Metropolitan Transit System Board) – Alternate; East County Advanced Water Purification Joint Powers Authority Board – Alternate; Chamber of Commerce – Government Affairs Committee – Alternate.

RECOMMENDATION:

That the City Council accepts and files the following report of Council/Mayor activities attended during the current agenda period.

BACKGROUND:

REPORT:

Since the last City Council meeting, I have attended the following events on behalf of the City of El Cajon:

June 27, 2025 - Met with resident on Washington regarding speeding July 8, 2025 - ECEDC Gillespie Field Committee
July 8, 2025 - City Council Meeting(s)
I am available to answer questions.

Submitted By: Phil Ortiz, Councilmember
.!!!!_ Valley of opportunity
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"'Poratel\
City Council
Agenda Report
Agenda Item 17.

DATE: July 8, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Angela Cortez, City Clerk
SUBJECT: Amendment to the Contract Between the City of El Cajon and the Board of Administration, California Public Employees' Retirement Systems RECOMMENDATION:

That Mayor Wells requests the City Clerk to recite the title.

An Ordinance of the City Council of the City of El Cajon Approving an Amendment to the Contract between the City of El Cajon and the Board of Administration, California Public Employees' Retirement Systems.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed City Council action is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines section 15378(b)(4) and (5). Government fiscal and administrative activities are not subject to CEQA.

Attachments
Ordinance

Page 1 of 6 ends

ORDINANCE NO. 5156_____
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EL CAJON APPROVING AN
AMENDMENT TO THE CONTRACT BETWEEN THE
CITY OF EL CAJON AND THE BOARD OF ADMINISTRATION,
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEMS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS:

SECTION 1. That an amendment to the contract between the City of El Cajon (the "City") and the Board of Administration, California Public Employees' Retirement System ("CalPERS") is hereby authorized, a copy of said amendment, substantially in the form as that certain Amendment to Contract between CalPERS and the City, attached hereto as Exhibit "A," and by such reference made a part hereof as though herein set out in full.

SECTION 2. The City Manager of the City of El Cajon is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City of El Cajon.

SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its adoption, and shall be published in the East County Californian, a newspaper of general circulation, published and circulated in the City of El Cajon and thenceforth and thereafter the same shall be in full force and effect, provided, however, that the effective date of the amendment shall be no sooner than August 30, 2025.

Ord – Amend CalPERS Contract for PD Exec Mgmt Cost-Share 061725 06/24/25 CC Agenda – 1st Reading
07/22/25 CC Agenda – 2nd Reading

Page 2 of 6 ends

A
CalPERS

EXHIBIT
California
Public Employees' Retirement System
-=====•"""""'===..a .::-

AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of El Cajon
----""" • ""'--====
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 1, 1959, and witnessed November 12, 1958, and as amended effective September 1, 1966, January 1, 1968, October 5, 197 4, September 4, 1976, November 26, 1977, October 13, 1979, January 16, 1982, June 11 , 1988, September 2, 1988, March 4, 1989, October 6, 1989, December 28, 1990, September 20, 1991, March 20, 1992, August 13, 1995, November 13, 1998, January 11, 2002, June 30, 2002, June 19, 2004, March 11 , 2011, and June 21, 2025, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 17 are hereby stricken from said contract as executed effective June 21, 2025, and hereby replaced by the following paragraphs numbered 1 through 17 inclusive:

1. All words and terms used herein which are defined in the Public Employees ' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for classic local miscellaneous members, age 62 for new local miscellaneous members, age 50 for classic local safety members entering membership in the safety classification on or prior to March 11, 2011, age 55 for classic local safety members entering membership for the first time in the safety classification after March 11, 2011, and age 57 for new local safety members.

EXHIBIT "'A"'

Page 3 of 6 ends

2. Public Agency shall participate in the Public Employees' Retirement System from and after January 1, 1959, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

3. Public Agency agrees to indemnity, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law.

4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members).

5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:

NO ADDITIONAL EXCLUSIONS

Page 4 of 6 ends

6. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member in employment before and not on or after June 19, 2004, shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full).

7. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member in employment on or after June 19, 2004, shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full).

8. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full).

9. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member entering membership in the safety classification on or prior to March 11, 2011, shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full).

10. The percentage of final compensation to be provided for each year of credited current service as a classic local safety member entering membership for the first time in the safety classification after March 11, 2011, shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full).
11 . The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full).

12. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 20965 (Credit for Unused Sick Leave).
b. Section 21024 (Military Service Credit as Public Service). c. Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution Rate). From October 13, 1979, and until January 16, 1992, the normal local police member contribution rate shall be 0%.

Legislation repealed said Section effective September 29, 1980. d. Section 20690, Statutes of 1980, (To Prospectively Revoke Section 20614, Statutes of 1978).
e. Section 20042 (One-Year Final Compensation) for classic local miscellaneous members and those classic local safety members entering membership on or prior to March 11, 2011.

Page 5 of 6 ends

f. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for local safety members only.
g. Section 21573 (Third Level of 1959 Survivor Benefits) for local safety members only.
h. Section 20903 (Two Years Additional Service Credit) for local miscellaneous members only.
i. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members only.
j. Section 21623.5 ($5,000 Retired Death Benefit) for local miscellaneous members only.
k. Section 20475 (Different Level of Benefits): Section 21363.1 (3% @ 55 Full formula) and Section 20037 (Three-Year Final Compensation) are applicable to classic local safety members entering membership for the first time with this agency in the safety classification after March 11, 2011.

I. Section 20516 (Employees Sharing Additional Cost):

From and after June 21, 2025, 1 % for classic local police members in the El Cajon Police Officers' Association Management group and El Cajon Police Officers' Association.

From and after June 21 , 2025, 1 % for classic local police members in the El Cajon Police Officers' Association .

From and after the effective date of this amendment to contract, 1 % for classic local police members in the Unrepresented Police Executive Management group.

The portion of the employer's contribution that the member agrees to contribute from his or her compensation, over and above the member's normal contribution ("Cost Sharing Percentage"), shall not exceed the Employer Normal Cost Rate, as that rate is defined in the CalPERS Actuarial Valuation for the relevant fiscal year. If the Cost Sharing Percentage will exceed the relevant Employer Normal Cost Rate, the Cost Sharing Percentage shall automatically be reduced to an amount equal to, and not to exceed , the Employer Normal Cost Rate for the relevant fiscal year.

13. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834.

Page 6 of 6 ends

14. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.

15. Public Agency shall also contribute to said Retirement System as follows:
a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

16. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.

17. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.

B. This amendment shall be effective on the __ day of _____ _ _, __ _

BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIRE~NT SYSTEM
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MELODY BENAVIDES, cl-Uli,=
PENSION CONTRACTS ~D PREFUNDING
PROGRAMS DIVISION.:-«,
PUBLIC EMPLOYEE~ETIREMENT SYSTEM
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AMENDM ENT CalPER S ID #3551608662
PEAS-CON· 702A

CITY COUNCIL

CITY OF EL CAJON
BY J.

PRESIDING OFFICER ~ §
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El Cajon City CouncilJuly 8, 2025

El Cajon City Council
July 8, 2025