Agenda packet — Escondido City Council, January 24, 2024 (part 2 of 3)

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Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement. c. All terms and provisions within this Section 8 shall survive the termination of this Agreement.

9. Anti-Assignment Clause. Because the CITY has relied on the particular skills of CONSULTANT in entering into this Agreement, CONSULTANT shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assignment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective . Unless CONSULTANT assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONSULTANT shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.

10. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Ag reement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

11. Independent Contractor . CONSULTANT is an independent contractor , and no agency or employment relationship is created by the execution of this Agreement.

12. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONSULTANT.

13. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONSULTANT concerning the subject of this A greement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, wri tten or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

14. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.

15. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicabi lity, or enforceability of the remaining provisions of this Agreement.

16. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

17. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, includi ng an attachment to an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

18. Provisions Cumulative . The foregoing provisions are cumulative to, in addition to , and not in limitation of any other rights or remedies available to the CITY.

Resolution No. 2024-06
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19. Notice. Any statements, communications , or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONSULTANT shall promptly provide the other Party with notice of any changes to such contact information.

20. Business License. CONSULTANT shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.

21. Compliance with Laws, Permits, and Licenses. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinanc es, regulations, rules, and other legal requirements in effect during the term of this Agreement. CONSULTANT shall obtain any and all permits, licenses, and other authorizations necessary to perform the S ervices.

Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CON SULTANT to comply with this section.

22. Prevailing Wages . If applicable, pursuant to California Labor Code section 1770 et seq. , CONSULTANT agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONSULTANT shall keep itself informed of and comply with all applicable f ederal, state, and local laws, statutes, code s, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The prevailing rate and scale to be paid shall be the same as the applicable “ General Prevailing Wa ge Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference . Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

23. Department of Industrial Relations Compliance . This public project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONSULTANT shall post all job site notices required by regulation. CONSULTANT, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

24. Immigration Reform and Control Act of 1986. CONSULTANT shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONSULTANT represents and warrants that all of its employees and the employees of any subcontractor retained by CONSULTANT who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONSULTANT affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof o f eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Services. CONSULTANT agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.

25. The Parties acknowledge that Infrastructure Grant (“Grant”) funds awarded and administered by the California State Library System (“Awarding Agency”) will be used to fund all or a portion of this Agreement. The CONSULTANT shall comply with all applicable federal laws, regulations, executive orders, policies, procedures, and directives relating to such federal funds.

Resolution No. 2024-06
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26. Equal Employment Opportunity . During the performance of this Agreement, the CONSULTANT agrees as follows:
a. The CONSULTANT will not discriminate ag ainst any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, noti ces to be provided setting forth the provisions of this nondiscrimination clause.
b. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation informatio n of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in respo nse to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONSULTANT's legal duty to furnish information.
d. The CONSULTANT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONSULTANT's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. e. The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f. The CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. g. In the event of the CONSULTANT’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CONSULTANT may be declared ineligible for further Government contract s or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

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h. The CONSULTANT will include the portion of the sentence immediately preceding subpart a of this section and the provisions of subparts a through h in every subco ntract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Th e CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a CONSULTANT b ecomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligi bility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontracto rs by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurr ed until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

27. Compliance with the Davis-Bacon Act.
i. All transactions regarding this Agreement shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The CONSULTANT shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
j. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. k. Additionally, contractors are required to pay wages not less than once a week.

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28. Compliance with the Copeland “Anti-Kickback” Act.
l. Contractor. The CONSULTANT shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Agreement.
m. Subcontracts. The CONSULTANT and any subcontractors shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be resp onsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. n. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §

5.12. 29. Clean Air Act. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. CONSULTANT agrees to report each violation to t he CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Awarding Agency, and the appropriate Environmental Protection Agency Regional Office. CONSULTANT agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the Awarding Agency.

30. Federal Water Pollution Control Act. CONSULTANT agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONSULTANT agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Awarding Agency, and the appropriate Environmental Protection Agency Regional Office.

CONSULTANT agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the Awarding Agency.

31. Debarment and Suspension.
o. This Agreement is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, CONSULTANT is required to verify that none of CONSULTANT’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). p. CONSULTANT shall comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C, and must include a requ irement to comply with these regulations in any lower tier covered transaction CONSULTANT enters into.
q. This certification is a material representation of fact relied upon by the CITY. If it is later determined that CONSULTANT did not comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C, in addition to remedies available to the CITY, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.
r. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

32. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). s. Prior to entering into this Agreement, CONSULTANT shall file the required certification pursuant to the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)). Each Resolution No. 2024-06
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tier certifies to the tier above that it will not and has not used federal appropria ted funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the Awarding Agency.
t. Required Certification. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with a completed Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying. A blank Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying is attached to this Agreement as Attachment “C” and incorporated herein by this reference.

33. Procurement of Recovered Materials. In the performance of this Agreement, CONSULTANT shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired (1) competitively within a timeframe providing for compliance with the Agreement’s performance schedule, (2) meeting Agreement performance requirements, or (3) at a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines website, located at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. CONSULTANT shall also comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.

34. Access to Records . The following access to records requirements apply to this Agreement: (1) CONSULTANT agrees to provide the CITY, the Awarding Agency Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of CONSULTANT that are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. CONSULTANT agrees to provide the Awarding Agency Administrator or their authorized representatives acc ess to construction or other work sites pertaining to the work being completed under this Agreement. In compliance with the Disaster Recovery Act of 2018, the CITY and CONSULTANT acknowledge and agree that no language in this Agreement is intended to proh ibit audits or internal reviews by the Awarding Agency Administrator or the Comptroller General of the United States.

35. Awarding Agency Seal, Logo, and Flags . CONSULTANT shall not use the Awarding Agency seal(s), logos, crests, or reproductions of flags or likenesses of Awarding Agency officials without specific Awarding Agency pre-approval.

36. No Obligation by Federal Government. The United States Federal Government is not a party to this Agreement and is not subject to any obligations or Agreement to the CITY, CONSULTANT, or any other party pertaining to any matter resulting from this Agreement.

37. Program Fraud and False or Fraudulent Statements or Related Acts. CONSULTANT acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and St atements) applies to CONSULTANT’s actions pertaining to this Agreement.

38. Immigration Reform and Control Act of 1986. CONSULTANT shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONSULTANT represents and warrants that all of its employees and the employees of any subcontractor retained by CONSULTANT who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONSULTANT affirms that as a licensed Resolution No. 2024-06
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contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in th e United States will perform the Services. CONSULTANT agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.

39. Effective Date. Unless a different date is p rovided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.

IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: __________________ ___________________________________ Dane White, Mayor

IDS GROUP, INC.

Date: __________________ ___________________________________ Signature

___________________________________
Name & Title (please print)

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY

BY: __________________________

THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

Resolution No. 2024-06
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ATTACHMENT “A”
Scope of Work

A. General

IDS Group, Inc. , a California corporation (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with consulting services related to the City’s Escondido Public Library Critical Infrastructure & Modernization Project (“Project”).

B. Location

Consultant to provide services located at the City’s Escondido Public Library, 239 S. Kalmia Street, Escondido, CA 9202 5 (“Project Site”) and at Escondido City Hall located at 201 N. Broadway, Escondido, CA 92025.

C. Services

Consultant shall provide services in accordance with Consultant’s proposal, which is attached to this Scope of Work as Exhibit 1 and incorporated herein by this reference. In the event of a conflict between this Agreement (including this Scope of Work) and Exhibit 1, the terms of this Agreement shall prevail.

Consultant shall provide design-bid-build architectural services to successfully complete the Project.

Consultant shall provide complete architectural and related engineering documents necessary for construction, including drawings, details, and specifications as well as construction administration support thru delivery. These plans shall take into account the expected uses, existing/modified fixtures and utilities, site considerations, visual appeal, environmental sustainability, and impacts of construction. Consultant shall prepare, submit, and secure all permits and regulatory approvals.

The scope of services anticipated for this Project may include, but are not limited to:

1. Design Management and Coordination
Provide all the services to manage the Project through completion. The work shall include, but not be limited to the following tasks:
a. Provision of all design management and quality control services throughout the durati on of the Project, including coordination with the City’s Construction Manager and outside agencies/utility departments. The Consultant shall deliver a high -quality product within budget and on schedule.
b. Coordinate, attend, and prepare design meeting minu tes for the Project kick -off meeting and bi-weekly meetings with City staff and related consultants. c. Coordinate meetings with the City to discuss the Project, present design options, review alternatives, etc.
d. Coordinate, and attend other meetings as necess ary to facilitate the completion of the scope of work.
e. Provide monthly design progress schedule updates in conjunction with submittals of invoices.
f. Make up to five presentations to the City Council, Library Board, and/or the public, as required, and at regularly scheduled design meetings, as directed by the City.

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Deliverables:
• Project Schedule and Updates
• Monthly invoices shall include a Progress Summary Report indicating the tasks completed for the month and the tasks anticipated to be completed in the next billing cycle.
• Meeting agendas and minutes for all design and coordination meetings • PowerPoint presentations and other exhibits for meetings

2. Design & Engineering Services
In performance of the required design services, the Consultant shall have City is experience in consensus driven Conceptual Design, Schematic Design, Design Development, preparation of Construction Documents and Specifications, Construction Administration, and Commissioning.

Project design and engineering services shall include:
a. Hazardous material report of the existing 56,544 SF Library facility. b. Topographic and civil survey of the site in support of any needed path of travel scope which may be required as a result of the renovation.
c. Produce drawings and include contents therein based on AIA standards for Conceptual Design, Schematic Design, Design Development, and Construction Documents. d. The work shall be performed in accordance with all of the latest applicable codes, standards, and regulations.
e. Development of Complete Specifications (including Division 01, and project specific modifications to the City General Provisions and Special Provisions) i. Architectural Design
ii. Civil Engineering and Landscape Design as applicable iii. Structural Engineering (including structural analysis of existing facility) iv. Mechanical Engineering
v. Plumbing Engineering
vi. Electrical Engineering
vii. Low Voltage (Structured Cabling Systems)
viii. Audio Visual Design
ix. Lighting Design
x. Signage & Graphics Design
xi. Codes and Accessibility Compliance
xii. Waterproofing as applicable
xiii. Security Systems (basis of design for design build delivery) as applicable xiv. Fire Alarm Systems (basis of design for design build delivery) as applicable xv. Building Management Systems (BMS) (basis of design for design build delivery) as applicable
xvi. Utility coordination and inclusion in documents as applicable xvii. Interior Design
xviii. Furniture, Fixtures and Equipment Design and Procurement Management xix. Coordination with City Facilities Management personnel and assigned Construction Manager
xx. Construction Administration (assume 1 OAC meeting on-site per week for 12 months of construction)
xxi. Title 24/ CalGREEN Commissioning
f. Conceptual, schematic, and design development packages with respective cost Resolution No. 2024-06
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estimates at each stage, as well as a 50%, 80%, and 100% construction document submittal packages for review. An additional cost estimate shall be incorporated only at the 80% construction document stage.
g. Prepare final bid documents incorporating all comments from previous reviews. Final plans shall be plotted electronically to PDF in full size and shall be signed by the architect and engineer of record, licensed in the State of California. h. The plans shall be produced using the most current version of AutoCAD and/or Revit. i. Specifications shall be written in Greenbook format. The City will provide templates for general provisions. The Consultant will be responsible for producing all special provisions with bid items descriptions and technical specifications in the appropriate format. j. The schedule of items shall address the full scope of work, and shall indicate accurate quantities in support of the Architect’s Estimate.
k. The Consultant shall submit plans to the City and revisions as needed for permitting. l. Plans shall be completed and ready for building permit, to be pulled by the construction contractor.

Deliverables:
a. PS&E submittals in electronic format (PDF, AutoCAD, Word and Excel) for the following:
i. Conceptual Design package and cost estimate
ii. Schematic Design package and cost estimate

1. This should additionally include item such as engineering, slop, drainage, historic preservation, and/or soils.
iii. Design Development design package and cost estimate iv. Construction Document design package (with specifications) at 50%, 80% and 100%. The 80% CD package shall include a cost estimate. b. 3D renderings should accompany the above d esign packages to visually illustrate design concepts, site plans and interiors.
c. A letter report summarizing review comments and the resolution of the review comments
d. Final bid documents in electronic and PDF format
e. Final Permit Set of Construction Drawings

3. Public Outreach
In the conceptual or schematic phase, the Consultant will deliver outreach support services aimed at informing the public about the Project and actively seeking their input through a listening event. Additionally, the Consultant will offer an online survey as an extra avenue for community feedback collection. Consultant shall review and summarize all outreach services into a consolidated report with key findings for City review and use.

Resolution No. 2024-06
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4. Contractor Bidding
Upon conclusion of the Construction Documentation Phase, the Project Architect shall provid e reproducible construction documents. The Project Architect and/or its subconsultants shall provide services including, but not limited to, the following:

1. Issue Construction Documents and Specifications to the City

2. Attend an internal bid process planning meeting with the City and stakeholders

3. Attend pre-bid conference and job walk with potential bidders

4. Review and respond to all Bid RFI’s and Substitution Requests

5. Produce and provide all necessary Addenda including but not limited to narratives, RFI responses, changes, details, new sheets, and specifications. The Information provided shall be clouded and delta stamped

6. Assist in reviewing prime contractor bids for correctness and completeness

7. Participate in the pre-construction meeting(s)

8. Assist City and Construction Manager in the evaluation of contractor bids

5. Furniture Design and Procurement Services
In the furniture design and management phase of the Project, the Project A&E shall provide the following services necessary to design, negotiate and secure competitive pricing and services required for the Project.

The City desires all furniture selection s be made from CMAS, US Communities, or other GSA approved pre-negotiated furniture listing, to the extent possible.

1. Needs Assessment
a. Meet with key representatives of the Project to define goals for obtaining furniture for the Project, including image, function budget and schedule b. Prepare an initial overall Project furniture budget and schedule for review and approval by the City
c. Review the work processes for all staff to assist the Architect in designing typical workstation layouts that meet the functional needs of the City d. Perform an inventory of all existing FF&E and make recommendations for re-use in the renovated space.

2. Design and Documentation Preparation
a. Present private office and workstation images and ancillary furniture of the products for City review
b. Develop descriptive criteria for the furniture design intent c. Develop furniture setting plans for the entire Project d. Assist in determining the criteria for Furniture Dealer selection, including initial and ongoing services, availability of pr oducts, installation capabilities, percentage off from list prices, etc.
e. Finalize with the City and the dealer the final configuration and specifications of these products
f. Select final finishes including fabrics, woods and paints to coordinate with approve d color scheme. Dealer is to provide a color board for review and approval by the City g. Review dealer generated detailed furniture installation plans and sheet specifications for design intent. Coordinate power/data entry locations. Product numbers are to be verified with the dealer
h. Undertake a comparison analysis of the furniture final costs with the established budget Resolution No. 2024-06
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i. The Dealer will be responsible for providing detailed specifications

3. Procurement Process
a. Develop a comprehensive FF&E budget for all materials proposed. b. Oversee the price negotiation, manufacture, and delivery schedule for all FF&E. c. Prepare and provide adequate information for the issuance of Purchase Orders by the City.
d. Review dealer provided Project schedule in coordination with the Master Project Schedule and the General Contractor‘s construction schedule e. Coordinate with the City and Contractor and FF&E distributor for final delivery and installation dates.
f. Coordinate any power and/or low voltage requirements between Contractor and FF&E installations.

Upon completion of installation, the Project Architect shall attend a job walk to confirm completeness of installed FF&E items with the dealer. Dealer shall develop a corrective work list of missing items or corrective measures required.

6. Construction Administration
a. Attend weekly OAC meetings, as directed by the City to respond to questions concerning the plans, specifications and estimates.
b. Review and provide input on the construction schedule, as needed. c. A&E shall be available for on-site visits, as necessary, in response to questions arising from the progress of the work.
d. The consultant shall review all material submittals and shop drawings as required by the Special Provisions and Technical Specifications.
e. Respond to Request for Information (RFIs) from the contractor and prepare modifications or revisions as required. This will include utilizing a document management software that will be provided by the Project management team. f. The City shall not be billed for, nor shall it pay for responding to Request for Information (RFIs) or any revisions to the plans and specifications that are required due to errors or omissions in the original contract documents. g. The consultant shall assist the City in the preparation of contract change orders, including time impact and independent cost analysis, as necessary. h. The consultant shall participate in the final walk though of the constructed Project and assist in the preparation of “punch list” items in need of work. i. The consultant shall prepare record drawings following construction from mark ups by the contractor and the resident engineer. Submittal of record drawings shall be full- sized PDFs.

Deliverables:
• Responses to RFIs, material submittals, and shop drawings from the contractor • Plan revisions, as required
• Responses to the review of proposed contract change orders • Plan revisions, as required, and as-builts

Resolution No. 2024-06
Exhibit "A"

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D. Scheduling

Consultant to schedule specific dates of work in advance by contacting Laura McLin at 760-271- 3780 or [email protected]. Further instructions will be provided upon scheduling.

E. Contract Price and Payment Terms

The contract price shall not exceed $747,000. Contractor shall not execute deductive alternate line item 13, Haz-Mat Survey, at a cost of $6,000 per Exhibit 1 without prior written consent from the City. The contract price includes all labor, materials, equipment, and transportation required to perform the work . Consultant shall submit monthly invoices to the City, and the City shall pay Consultant for invoiced services within 30 days of receipt of an invoice.

F. Term

The term of this Agreement shall be from the Effect ive Date of the Agreement through filing of the Notice of Completion for the Project as authorized by the City Council.

G. Other

Consultant understands and acknowledges that California Building Forward Grant funds will be used in whole to pay for services under this Agreement. Accordingly, Consultant agrees to comply with all City requests relating to the Award Agreement entered int o by the City and the California State Library (Agreement No. BF -1-21-019), which is attached hereto as Exhibit 2 and incorporated herein by this reference. Furthermore, Consultant shall comply with all applicable requirements stated in Exhibit 2, including but not limited to the following:

1. Audit and Records Access: At the City’s direction, Consultant shall allow th e State Library, the Department of General Services, the State Auditor, or their designated representatives the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. Consultant ag rees to maintain such records for possible audit for a minimum of five years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Consultant agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Consultant agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include , but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

2. Non-Discrimination Clause: During the term of this Agreement, Consultant (includin g any subconsultants and subcontractors) shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disabil ity, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Consultant shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment. Additionally, Consultant, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations Resolution No. 2024-06
Exhibit "A"

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Consulting Agreement (v2) - 18 - CAO:2/16/2023
or standards adopted by the State Library to implement such article. Consultant shall Resolution No. 2023 -86 Exhibit "A" Page 14 of 16 490 Item14. Consulting Agreement (v2) - 15 - CAO:2/16/2023 permit access by representatives of the Department of Civil Rights and the State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the State Library shall require ascertaining compliance with this clause. Consultant, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Consultant shall i nclude the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work for the Project.

3. Insurance Requirements: Consultant shall comply with the insurance requirements as described in Exhibit B (ADDITIONAL TERMS AND CONDITIONS) of Exhibit 2.

Resolution No. 2024-06
Exhibit "A"

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ATTACHMENT “B”
Personnel List

Pursuant to Section 4 of the Agreement, CONSULTANT shall only assign performance of Services to persons listed below.

1. John Silber, Principal Architect, [email protected], IDS Group, Inc..;

2. Said Hilmy, Principal-In-Charge, [email protected], IDS Group, Inc.;

3. Shelley Sivak, Project manager, shelley.silval@idsgi@com, IDS Group, Inc.;

4. Eduardo Fabros, Project Designer, [email protected], IDS Group, Inc.;

5. Adrian Anderson, Lead Civil Engineer, [email protected], IDS Group, Inc.;

6. Song Brander, Architect, [email protected], IDS Group, Inc.;

7. Daniel Park, Project Designer, [email protected], IDS Group, Inc.;

8. Darren Smith, Lead Mechanical Engineer, [email protected], IDS Group, Inc.;

9. Matthew Miller, Architect, [email protected], IDS Group, Inc.;

10. Dion Vasquez, Job Captain, [email protected], IDS Group, Inc.;

11. Steven Collins, Lead Electrical Engineer, [email protected], IDS Group, Inc.;

12. Juan Acuna, Job Captain, [email protected], IDS Group, Inc.;

13. Bradley Mansfield, QA/QC & Community Engagement Lead, [email protected], IDS Group, Inc.; and

14. Victor Mercado, Lead Structural Engineer, [email protected], IDS Group, Inc.

CONSULTANT shall not add or remove persons from this Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

Acknowledged by:

Date: __________________ ___________________________________ IDS Group Inc.

Resolution No. 2024-06
Exhibit "A"

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ATTACHMENT “C”

Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person 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.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure For m to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

IDS Group, Inc., a California corporation (“Consultant”), certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Consultant understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for Fals e Claims and Statements, apply to this certification and disclosure, if any.

_______________________________________
Signature of Consultant’s Authorized Official

_______________________________________
Name and Title of Consultant’s Authorized Official

____________________
Date

Resolution No. 2024-06
Exhibit "A"

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Design Services for Escondido Library
Critical Infrastructure & Modernization Project
RFP NO. 24-11
Submitted by:
1 Peters Canyon Road, Suite 130, Irvine, CA 92606
T: 949.387.8500 F: 949.387.0800 www.idsgi.com Request for Proposal
Revised:

December 29, 2023
EXHIBIT 1
Resolution No. 2024-06
Exhibit "A"

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Item7.
i
Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
Table of Contents
Addendum #1 ii A. Cover Letter 1 B. Contact Information and Experience 3 C. Qualifications and Experience 4 Library Experience 18 References 21 Litigation 21 D. Project Understanding and Approach 22 E. Schedule of Services 33 F. Fee 36 G. Subconsultants 37 H. Additional Information 39 Resolution No. 2024-06
Exhibit "A"

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Item7.
ii
Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
Escondido Library Critical Infrastructure &
Modernization Project - ADDENDUM 1
5| Page
ANSWER: City will provide FCA document to consultant following selection/award.

31. According to the Library Background description on the second page of the RFP the primary goal of the project is to address and upgrade failing critical building systems. Where does the Furniture Design and Procurement Services fit into the scope of work?
ANSWER: Following upgrades to critical infrastructure components, FF&E may be part of the aesthetic upgrades.

32. In our submittals, we typically include covers and tab dividers for each section. Can you please confirm these pages will not be included in the 50- page limit per the RFP?
ANSWER: These will not be included in the page limit.

Revisions by:
_____________________________________ November 6, 2023
Laura McLin, Management Analyst II Date
Public Works, Building Maintenance
The undersigned acknowledges receipt of Addendum No. 1 and has included same in the proposal. Contractor shall sign this and all other addendums, and this and all other addendums shall be physically attached to the bid package submitted prior to the time of the bid opening. Failure to do so may result in the bid being deemed unresponsive.

RECEIPT ACKNOWLEDGED:

Signature Date
November 15, 2023
Resolution No. 2024-06
Exhibit "A"

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Item7.
1 Peters Canyon Road, Suite 130 Irvine, CA 92606 949.387.8500 www.idsgi.com November 15, 2023
Ms. Laura McLin
Management Analyst II
City of Escondido - Public Works
201 N. Broadway
Escondido, CA 92025
Sent via email: [email protected]
SUBJECT: Design Services for Escondido Library - Cri Ɵ cal Infrastructure & ModernizaƟ on Project RFP No: 24-11
Dear Ms. McLin and Members of the Review CommiƩ ee:

The City of Escondido has an amazing opportunity to revitalize its beloved library into a culturally diverse lifelong learning en
vironment. Libraries today need not just focus on extending useful life but, more importantly, how libraries are a lifeline to the community from a social, learning, and inclusive perspecƟ ve. While working with local public agencies to enhance their exisƟ ng library faciliƟ es, IDS Group (IDS) has taken the opportunity to reset client stakeholders expectaƟ on and help them to reposiƟ on libraries to their modern role, redeﬁ ning aestheƟ cs relaƟ ve to the enjoyment or study of beauty. Beyond essen Ɵ al enhancements, libraries need transforma Ɵ onal change that speaks to the communiƟ es they purposefully serve.

IDS will implement as many of the Escondido Public Library Strategic Plan 2022 facility goals with an ini Ɵ al focus on the ﬁ rst-ﬂ oor facility objecƟ ves. Priority seƫ ng is necessary for this project and it will be in close collaboraƟ on with the City staﬀ -- especially the librarians –and the ConstrucƟ on Manager. The community engagement process will play a key role in making criƟ cal decisions early on in the development of the project design.

IDS approaches every project with the goal of implemenƟ ng an integrated and eﬃ cient design while considering iniƟ al installa Ɵ on and maintenance costs over the project’s lifespan. U Ɵ lizing an integrated business model, the IDS team will include sta ﬀ who bring best prac Ɵ ces in library design iden Ɵ ﬁ ed in this RFP . Our staﬀ has the technical capabiliƟ es in the areas of site assessments, altera Ɵ ons, and modi ﬁ caƟ ons, accessibility studies, ADA compliance studies and design, ﬁ re and life safety, code review, space planning, remodeling, repair of damaged and deteriorated structures, and expansions and addiƟ ons to exisƟ ng library faciliƟ es.

IDS’ value and commitment to the City of Escondido
• Team Leadership: IDS’ Principal Architect, Mr. John Silber, AIA, has over 30 years of experience and is a dedicated proponent of innova Ɵ ve design, expansion, maintenance, and re-purposing of library environments. Leading the IDS project team and subconsultant partners will be Ms. Shelley, Sivak, RA, LEED AP .

A. Cover Letter
Resolution No. 2024-06
Exhibit "A"

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Ms. Laura McLin
November 15, 2023

Page 2 ends

Over the last four years, Ms. Sivak has project managed ﬁ ve of IDS' library projects. She is an aƩ enƟ ve and proacƟ ve Architect who will help the City prioriƟ ze the necessary criƟ cal building systems and aes- theƟ c enhancements within the grant funded program. Ms. Sivak will guide the project team through the design phases and share progress with the City and community stakeholders for input to redeﬁ ne the Escondido Library idenƟ ty.
• MulƟ -discipline Firm: IDS is an architectural-engineering ﬁ rm that is posi Ɵ oned to meet the City's needs where eﬃ ciencies come from local team members A/E under one roof. • In-house Cost EsƟ maƟ ng: IDS' cost esƟ maƟ ng informaƟ on gets updated on a regular basis from in-process construcƟ on monitoring and is more current than RS Means’ and Whitestone Research models. • Sustainability Design: IDS is dedicated to sustainability and energy saving pracƟ ces and incorporates them into our designs, studies, and recommendaƟ ons.
• Repeat Clientele: Since our incepƟ on IDS Group has completed numerous architectural and engineering projects; a testament to the quality of our customer service is that approximately 80% of our clientele is repeat business. We have a proven record of working on an array of rehabilitaƟ on and renovaƟ on projects across Southern California.

IDS takes no excepƟ ons to the terms and requirements of the RFP including the terms men Ɵ oned in Exhibit A.

IDS has the ability to obtain insurance as described in Exhibit A.

IDS appreciates the opportunity to submit these qualiﬁ caƟ ons and for the City of Escondido to review our library experƟ se. If you should you have any quesƟ ons please call Mr. John Silber, AIA, project point-of-contact. He can be reached at (949) 387-8500 ext. 154 or [email protected]. Mr. Said Hilmy, PhD, SE, LEED AP , Principal of IDS Group, hereby acknowledges that he will be the contract administrator for the City and will nego Ɵ ate and contractually bind the ﬁ rm regarding ma Ʃ ers pertaining to this Proposal. If you require further informa Ɵ on, please contact him directly at 949.387.8500 ext. 116 or [email protected].

Sincerely,
IDS Group
John Silber, AIA Said Hilmy, Ph.D., SE, LEED AP
Principal Architect Principal-in-Charge / Contract Administrator Cc: Shelley Sivak, RA, LEED AP - IDS Project Manager

SSililbeberr AAIAIA
Resolution No. 2024-06
Exhibit "A"

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3 Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
Community Design for Over 60 Years
MulƟ discipline Architecture-Engineering ConsulƟ ng Firm B. Contact Information & Experience
IDS is a mul Ɵ -disciplinary architecture-engineering (A/E) consulƟ ng ﬁ rm designing context-sensi Ɵ ve parks and
recreaƟ on improvements and facility solu Ɵ ons that maximize value, eﬃ ciency, and resiliency.

With a sta ﬀ of 85 located in o ﬃ ces throughout Southern California, IDS provides integrated design services through our in-house specialized divisions including architecture, landscape architecture civil, structural, mechanical, plumbing, and electrical engineering, and cost es Ɵ maƟ on services. Our full- array of technical disciplines provides a seamless team as well as innova Ɵ ve solu Ɵ ons stemming from mul Ɵ -disciplinary A/E collaboraƟ on to achieve project goals and objecƟ ves.

Business InformaƟ on
Company
Ownership IDS is a California CorporaƟ on
Oﬃ ce
LocaƟ ons
IDS Group, Inc.

Corporate Oﬃ ce
1 Peters Canyon Road, Suite 130
Irvine, California 92606
T: 949.387.8500
San Diego Oﬃ ce
336 Encinitas Boulevard, Suite 110
Encinitas, CA 92024
T: 619.768.6784
Number of
Employees 85
Business
License
City of Irvine Business License #: 501775
Resolution No. 2024-06
Exhibit "A"

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4 Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
C. Qualifications
QQQQQQ
IDS Group, Inc. (IDS) is a mul Ɵ disciplinary architectural and engineering consulƟ ng ﬁ rm with roots spanning over 60 years. With a sta ﬀ of approximately 85 professionals, our integrated design team provides added value through our specialized divisions – architecture and structural, civil, mechanical, plumbing, and electrical engineering, as well as cost esƟ maƟ ng services, maximizing service e ﬃ ciency. IDS is commi Ʃ ed to project excellence, providing turnkey design solu Ɵ ons to the building and infrastructure industries.

IDS incorporates sustainable, energy-e ﬃ cient, and environmentally conscious designs as a signi ﬁ cant component of each project. We are recognized for our use of water-eﬃ cient plant materials, recycled materials, and water-eﬃ cient irrigaƟ on systems. IDS is a member of the Green Building Council, on design teams for LEED-cer Ɵ ﬁ ed building projects, and employs numerous full-Ɵ me LEED Accredited Professionals.

IDS is headquartered in Irvine, CA with oﬃ ces in Los Angeles and San Diego, ensuring local knowledge and providing our clients with quick response Ɵ me. As a mulƟ -disciplinary engineering and architectural ﬁ rm, IDS has the pracƟ cal knowledge, insight, and resources to oﬀ er comprehensive services and specialized soluƟ ons to our clients.

In-House Engineering and Architectural Services
“IDS” stands for Integrated Design Services, as our service delivery model.

We bring a broad architectural and engineering understanding, inherent curiosity, and sound technical experƟ se, and then apply these skills to each project’s unique set of circumstances.

IDS’ In-House Technical Capabilities
Architecture
IDS’ architectural division provides design, planning, programming, pr
oject management, and renova Ɵ on services to public and private clients throughout California. Our architectural services involve building assessments, altera Ɵ ons, and modi ﬁ caƟ ons, accessibility studies, ADA compliance studies and design, ZNE, LEED, ﬁ re and life safety assessment and design, code review, space planning, remodeling, repair of damaged and deteriorated structures, and expansions and addiƟ ons to exisƟ ng faciliƟ es.

Our architectural services involve building assessments, altera Ɵ ons, and modi ﬁ caƟ ons, accessibility studies, ADA compliance studies and design, ﬁ re and life safety assessment and design, code review, space planning, remodeling, repair of damaged and deteriorated structures, and expansions and addi Ɵ ons to exisƟ ng faciliƟ es.

Project experience of IDS sta ﬀ encompasses new construcƟ on, renova Ɵ on, re-adapta Ɵ on, and tenant improvements to a variety of building types.

Resolution No. 2024-06
Exhibit "A"

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5 Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
Landscape Architecture
IDS has an award-winning and dedicated team that specializes in building health
y places for communiƟ es through the pracƟ ces of landscape architecture, community engagement and ecological restora Ɵ on. The team focuses on the rela Ɵ onship between land and people because where we believe that a community is are only as healthy as our surroundings. Most of the team’s work lies in municipaliƟ es, counƟ es and other California agencies working closely with clients and stakeholder groups to design and build healthy communi Ɵ es and improve quality of life. The projects the IDS team designs:
• Draw from and respect the natural and cultural environment. • Interpret the histories of the land and people through materials and someƟ mes art and impr
ove the natural ecological systems.
• Specialized experƟ se includes historic preservaƟ on, adapƟ ve re-use, cultural landscapes, cultural and natural history interpretaƟ on, ecological restoraƟ on, sustainable design, drought tolerant planƟ ng, low water irrigaƟ on systems, and context-integrated design.

Civil Engineering: IDS has an in-house team specialized civil engineering design, planning and en Ɵ tlement, surveying and mapping, construc Ɵ on survey, LEED, sustainable design, construc Ɵ on administra Ɵ on, and tra ﬃ c engineering services to public agencies, owners, and developers of retail, commercial, oﬃ ce, industrial, insƟ tuƟ onal, and residenƟ al projects throughout the United States.

Mechanical and Plumbing Engineering:

The mechanical engineering division of IDS is comprised of experienced professional engineers (30+ years) and designers who are experts in the ﬁ elds of hea Ɵ ng, ven Ɵ laƟ ng, air condi Ɵ oning (HVAC), plumbing, piping, and ﬁ re protec Ɵ on. Our services included the renova Ɵ on and replacement of air condiƟ oning and mechanical/electrical systems for exisƟ ng buildings.

We provide site inves Ɵ gaƟ ons, calcula Ɵ ons, and analysis to determine the most appropriate and cost-e ﬀ ecƟ ve replacement systems. We have exper Ɵ se in applying all applicable codes and guidelines, and rou Ɵ nely parƟ cipates in code commiƩ ees. Our project managers have completed feasibility studies, economic analysis, conceptual and detailed designs for the hea Ɵ ng, venƟ laƟ ng, air condiƟ oning (HVAC), plumbing and piping systems.

Electrical Engineering: The electrical engineering division of IDS (formerly DGM & Associates) was established in 1992. With extensive experience in the prepara Ɵ on of engineering studies and analyses, plan review, drawings, and speci ﬁ caƟ ons for new construc Ɵ on projects adhering to electrical code compliance, conduc Ɵ ng electrical power consump Ɵ on studies and ﬁ eld invesƟ gaƟ ons, and providing construc Ɵ on cost es Ɵ mates, concept studies and reports, and post-construcƟ on support for electrical engineering projects.

Resolution No. 2024-06
Exhibit "A"

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6 Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
Structural Engineering: Our structural engineering
division is a recognized leader in the design,
assessment, review, and retroﬁ t of buildings. The team is at the forefront of new building designs u Ɵ lizing
steel, concrete, and masonry. Services also include
the assessment and retroﬁ t of diﬀ erent building types and sizes, the evalua Ɵ on and repair of distressed
structures, peer and plan review, constructability
review, and forensic engineering. Our team has been
honored by the Structural Engineers Associa Ɵ on of
Southern California (SEAOSC) with over twenty (20)
“Excellence in Structural Engineering” awards for
innovaƟ ve and outstanding design.

Cost Es Ɵ maƟ ng: Our in-house cost es Ɵ mator is
experienced in supporƟ ng both new construcƟ on and
complex renova Ɵ on projects and possess extensive
knowledge of a variety of tenant improvement types.

UƟ lizing the latest in cost control methods, IDS
ensures clients’ projects are well planned and expertly executed. In the delivery of its cost services, IDS
provides reliable, accurate es Ɵ mates while mee Ɵ ng
its client’s most criƟ cal deadlines.

Experience with Value Engineering, Life Cycle Cost
Analy
sis, and Bid Alternate DesignaƟ on: By doing cost
esƟ maƟ ng in house IDS can iden Ɵ fy opportuni Ɵ es
for alternate bids that will provide ﬂ exibility for our clients as they strike the balance between scope of
the construcƟ on and the cost of construcƟ on. The ﬁ rst path to value engineering savings is constructability.

Our construc Ɵ on cost es Ɵ mator also provides an
internal constructability review, and this allows IDS to weed out designs that will later prove imprac Ɵ cal to
build and hence more expensive to build. The second
path to value engineering is the search for alternates
that provide nearly equal performance at less ini Ɵ al
cost. When considering these ini Ɵ al cost saving IDS
provides a life cycle cost analysis of the alternaƟ ves so that our clients can make informed choices.

A recent example includes the City of Rancho
Santa Margarita Community Center. Construc Ɵ on
defects have permi Ʃ ed storm water to intrude into
and to damage the center. IDS reviewed documents
provided by the city, conducted a visual inspec Ɵ on
of the site, developed a move management plan,
and a “pros-and-cons” assessment for installa Ɵ on
of di ﬀ erent building systems. Our analysis included
a detailed baseline Architect’s Es Ɵ mate of Probable
ConstrucƟ on Cost (AEPCC). In the event that the
baseline AEPCC exceeded the construc Ɵ on budget
to a signi ﬁ cant degree IDS included an addi Ɵ onal
architectural services budget with the AEPCC so that
the city can make a decision regarding budget with “all the cards face up on the table.

Sustainable Engineering
The ﬁ rm’s project approach begins with a complete
assessment of project requirements to achieve a LEED
cerƟ ﬁ caƟ on or provide a sustainable design without
cerƟ ﬁ caƟ on. To meet the project requirements
our team will inves Ɵ gate all sustainability opƟ ons
including photovoltaic solar system, commercial
and residenƟ al fuel cell systems, geothermal ground
source heat pump systems, low energy LED ligh Ɵ ng
products, water conserva Ɵ on design solu Ɵ ons, day
lighƟ ng harves Ɵ ng, low- ﬂ ow plumbing ﬁ xtures and
high SEER air condiƟ oning equipment.

Zero Net Energy (ZNE)
IDS’ professional mechanical, electrical, and plumbing
engineers are experienced in Net Zero Engineering.

Our team seeks ways to improve the e ﬃ ciency of
HVAC and electrical systems in buildings and apply
smart net-zero energy design and strategies.

County of Orange Brea Library
Resolution No. 2024-06
Exhibit "A"

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7 Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
ADA Access Compliance
Our expert ADA (Americans with Disabili Ɵ es Act) team o ﬀ ers detailed ADA facility surveys and prepara Ɵ on of TransiƟ onal Plans, plan reviews, training, and product consulƟ ng on a regular basis to healthcare faciliƟ es, large corporaƟ ons, and federal, state, and local government clients.

Knowledge of the Locality
IDS has provided architectural and engineering services on mulƟ ple projects within the County of Orange, County of Los Angeles County of Riverside, and the County of San Diego, and has established a paƩ ern of working successfully in the geographic area.

IDS Group is headquartered in Irvine, California with oﬃ ces located in Los Angeles and San Diego. Though located in Orange County, IDS services projects throughout the State.

Bidding and ConstrucƟ on AdministraƟ on Support
IDS has signi ﬁ cant experience with providing prac Ɵ cal, cost e ﬀ ecƟ ve, fast/eﬃ cient solu Ɵ ons and high-quality construcƟ on documents and drawings and signiﬁ cant experience in construcƟ on support and on-site construcƟ on administraƟ on services for public projects.

Building InformaƟ on Modeling (BIM)
Building on decades of hands-on experience in Building InformaƟ on Modeling (BIM), IDS is commiƩ ed to creaƟ ng value for our clients through innovaƟ ve and fully integrated design soluƟ ons. IDS’ BIM plaƞ orm helps our mulƟ - discipline design and construc Ɵ on teams improve project e ﬃ ciency by op Ɵ mizing performance and response- Ɵ me of visualizaƟ ons and simulaƟ ons to create unprecedented data rich models.

Our clients are experiencing the bene ﬁ ts of BIM that extend long past the comple Ɵ on of a project - including improved constructability, be Ʃ er-performing buildings and more e ﬃ cient project delivery. They have also included ConstrucƟ on cost savings, Schedule compression and Energy reducƟ ons.

CalOpƟ ma A/E Tenant Improvements
Orange, CA
Resolution No. 2024-06
Exhibit "A"

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Project experience of IDS sta ﬀ encompasses new
construcƟ on, renova Ɵ on, re-adapta Ɵ on, and tenant
improvements to a variety of building types, including:
• Commercial – oﬃ ces, industrial and high tech
• RecreaƟ onal – park buildings, community
centers, gyms, and ﬁ tness centers
• InsƟ tuƟ onal – hospitals and clinics, assisted
living and skilled nursing faciliƟ es
• Public – oﬃ ces, community centers and
correcƟ onal faciliƟ es
• Service – retail, restaurants, snack bars and
cafes
• EducaƟ onal – K-12 schools and special needs
• Housing – reƟ rement, aﬀ ordable and mulƟ ple
unit
• Airport/AviaƟ on – o ﬃ ces, concessions, retail
shops, and support faciliƟ es IDS has been
honored with numerous architectural awards,
some of which are shown below:
• San Diego project, Cedar Gateway Apartments,
2014 Global Awards for Excellence as well as
recognized for an "outstanding contribuƟ on in
design" by the AIA Orange County as part of the
chapter's 2012 Awards program and received an
"Honor Award" in the ResidenƟ al Design Award
Category.
• La Casita de las Mamas, Downey: Historical
Home RestoraƟ on Award, 1920’s CraŌ sman
House, Downey Historical Society
• Marisol Apartments, Oceanside: Paul Davidoﬀ
Award, American Planning AssociaƟ on
• La Pensione Hotel, San Diego: American
InsƟ tute of Architects - California Council Honor
Award, American InsƟ tute of Architects – San
Diego Honor Award
• Malibu Studio Hotel, San Diego: American
InsƟ tute of Architects, San Diego CitaƟ on Award
• The Veltman AddiƟ on, Los Angeles: American
InsƟ tute of Architects, Los Angeles Chapter
Award
Fullerton Family Housing
County of Orange Yale Homeless Shelter
Santa Ana, CA
Resolution No. 2024-06
Exhibit "A"

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Working with Public EnƟ Ɵ es
IDS is a reputable and well-established company with a proven and consistent backlog that assures con Ɵ nuity of the opera Ɵ on for the foreseen future. A large porƟ on of our work is from repeated clients, familiar with our combined staﬀ and services.

We work with several large public agencies and private clients who conƟ nuously seek our assistance in engineering consulƟ ng services. We have been in opera Ɵ on providing MEP engineering since 1961 and architectural and engineering services for over 22 years, and we have worked on projects ranging upward to $8,000,000 in a single project fee and $200,000,000 in a single project construcƟ on cost.

IDS’ team bring experƟ se from professionals who understand the issues impac Ɵ ng local government and are well-versed in the nuances of tradi Ɵ onal public and alterna Ɵ ve capital delivery methods. Addi Ɵ onally, our experts understand that the future prosperity of municipaliƟ es and their cons Ɵ tuencies will be shaped, in part, by leadership’s ability to demonstrate that high quality service can be provided in a cost-eﬀ ecƟ ve manner.

Our clients’ partner with IDS because of our acutely a Ʃ uned focus on procurement, implementa Ɵ on and programming choices that can capture the full potenƟ al of new development projects that appeal to stakeholders.

IDS’ team has experience represenƟ ng and advising public agencies and supporƟ ng private bid teams on complex social infrastructure developments. With IDS, our clients receive the right complement of commercial, ﬁ nancial and technical skills, from a group with a deep understanding of various policy implicaƟ ons.

In addiƟ on to various state agencies, such as the Department of General Services, Administra Ɵ on Oﬃ ce of the Courts, CalTrans, and California Department of Correc Ɵ on and Rehabilita Ɵ on, below is a par Ɵ al list of various uƟ lity and governmental stakeholders IDS’ has recently worked with:

Governmental Buildings & Campuses
• City of La Palma City Civic Center HVAC Upgrades
• City of Azusa Light &Water Department Upgrades/RenovaƟ ons • City of Anaheim City Hall West Fire Alarm System Upgrade • City of Cerritos Swim Center Facility and OperaƟ ng Systems EvaluaƟ on • City of Irvine Electric Vehicle Charging StaƟ ons
• City of Irvine AutomaƟ c Transfer Switch EvaluaƟ on
• City of Santa Monica, numerous projects
• Over 25 other CiƟ es
Parks & RecreaƟ on
• City of Irvine Great Park Concession FaciliƟ es
• City of Commerce Veterans Memorial Park
• City of West Covina Lower Shadow Oak Park Prefabricated Restroom • Design Services for the Great Park Western Sector Restrooms, City of Irvine, CA • City of Glendora Finkbiner Park Restroom and Community Room Building, Glendora, CA • City of Rialto City-wide Park Improvements
• Town Square Park Amphitheater, City of Murrieta, CA
John Wayne Airport
Air Handler Replacement
Santa Ana, CA
Resolution No. 2024-06
Exhibit "A"

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ConvenƟ on & MeeƟ ng Centers / InsƟ tuƟ on
• Arts District Building, Amazon ProperƟ es, Los Angeles, CA • Nixon PresidenƟ al Library and Museum
• Palos Verdes Library Annex Building
• Orange County Public Works El Toro Library ModernizaƟ on • Orange County Public Works Brea Library ModernizaƟ on UƟ lity Agencies
• Riverside Public UƟ liƟ es SubstaƟ on UƟ lity Storage Facility, Riverside, CA • Western Municipal Water District OperaƟ ons Center Building G, Riverside, CA • Inland Empire UƟ liƟ es Agency, New Chlorine InjecƟ on Facility Regional Recycling Water Plant, Rancho Cucamonga, CA
TransportaƟ on
• City of Norwalk TransportaƟ on Center
• Airport Improvement Program - Resident Engineering and Structural, Mechanical, and Electrical Engineering
• John Wayne Airport Airside New Concessions and Convenience Outlets, and OperaƟ ons Center • Los Angeles Metro (LA Metro) – 9 faciliƟ es
• Port of Long Beach – 6 projects
• Port of Los Angeles – 2 projects
ResidenƟ al / Housing
• Fullerton Family Housing, Citrea Aﬀ ordable Housing
• The Aspire Aﬀ ordable Student Housing, InnovaƟ ve Housing OpportuniƟ es • Orange County Public Works, Yale TransiƟ onal Center
• Orange County Public Works, Ventana Walk
EducaƟ on
• Los Angeles Uniﬁ ed School District- Carson High School Gymnasium Building Cooling Retroﬁ t • Chino Valley Uniﬁ ed School District Wide HVAC/Plumbing ModernizaƟ on • UCI Student Health II CondiƟ on Assessment and RecreaƟ on Center Kitchen RenovaƟ on Resolution No. 2024-06
Exhibit "A"

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Outreach and Public Engagement Experience
IDS has extensive community engagement experience on projects with proven results to ensure that e ﬀ orts to reach the surrounding community are comprehensive, e ﬀ ecƟ ve, and informa Ɵ ve. Such e ﬀ orts include but are not limited to the coordinaƟ on and facilitaƟ on of City RepresentaƟ ves, stakeholders, and user groups encouraging discussions and providing an open dialogue that will guide and inform the design and development of the project for community par Ɵ cipaƟ on when the public can inﬂ uence elements of the project. IDS will develop an appropriate methodology to gauge community opinions, percep Ɵ ons, and a ƫ tudes by a Ʃ ending, leading, presen Ɵ ng, and preparing community workshops, dialogue exercises, design chareƩ e, as well as preparing and distribu Ɵ ng mee Ɵ ng materials, handouts, and mee Ɵ ng minutes. The ﬁ rst community outreach mee Ɵ ng will be held a Ō er the cri Ɵ cal project elements are de ﬁ ned. IDS will develop the design and graphics to express a methodology to gauge community opinions, percep Ɵ ons, and a ƫ tudes. A variety of di ﬀ erent distribuƟ on methods will be uƟ lized, including mail, email, City web-based, and a draŌ wriƩ en report including all illustraƟ ve graphs, raw data analysis, and any other informaƟ on that will be beneﬁ cial to the understanding of the collected informaƟ on.

Varying stakeholders, such as businesses, residents, and visitor concerns will need to be sorted and weighted appropriately.

The informaƟ on gathered will be provided in the report and will include a tabulaƟ on of results, analysis, and conclusions.

IDS will provide the following services for the City of Escondido Library CriƟ cal Infrastructure and ModernizaƟ on Project:
• R eview City-provided data, reports, studies, maps, drawings, and relevant materials for the por Ɵ on of the project site.
• Document exisƟ ng operaƟ ons, including programs, services, and maintenance/repairs. • Conduct on-site ﬁ eld reconnaissance to assess the current physical condiƟ ons of the project. • Meet with City departments, parƟ cipants, and regulatory authoriƟ es to understand City prioriƟ es. • Document pedestrian, vehicular, emergency, and service vehicle circulaƟ on, parking, exisƟ ng infrastructure, acƟ ve and passive uses, streets, buildings, and open spaces in the surrounding area. • IdenƟ fy and document community needs, desires, concerns, and prioriƟ es related to renovated, expanded, and/or replaced faciliƟ es.
• Research and document best pracƟ ces for the project. • IdenƟ fy opportuniƟ es and constraints that will inform the development of a comprehensive long-term implemented soluƟ on.
• Conduct community meeƟ ngs, focus groups, and interviews to gather input from City leadership, businesses, residents, and community stakeholders.
• Create, record, and distribute responses to community surveys. • Prepare and deliver presentaƟ ons to City commiƩ ees, commissions, and City council as necessary.

Resolution No. 2024-06
Exhibit "A"

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3c. Proposed Staffing and Project Organization

ARCHITECTURAL-ENGINEERING TEAM
Song Brandner, RA, LEED GA*
Architect
Matthew Miller, AIA, NCARB
Architect
Bradley Mansfield, RA
Quality Control - Quality Assurance
Community Engagement Lead
Juan Acuna
Job Captain
Mahsa Javaherian
Project Designer
Eduardo Fabros
Project Designer
Daniel Park
Project Designer
Paniz Farshchiha
Project Designer
Dion Vasquez
Job Captain
Faisal Dakhil, PE*
Cost Estimator
Adrian Anderson, PE*
Lead Civil Engineer
Darren Smith, PE, BEAP*
Lead Mechanical Engineer
Steven Collins, PE, LEED AP*
Lead Electrical Engineer
Victor Mercado, PE, SE*
Lead Structural Engineer
Joy Lyndes, PLA, FASLA
Lead Landscape Architect
Community Outreach

IN-HOUSE ENGINEEERING SERVICES SUPPORT

STRUCTURAL ENGINEERING CIVIL ENGINEERING MECHANICAL/PLUMBING ENGINEERING ELECTRICAL ENGINEERING LANDSCAPE ARCHITECTURE Steve Uthoff, PE, SE
Ellen Wu, PhD, PE
Ghazaleh, Laleh, PhD
Siva Dondapati
Yali Ykeda
Jason Wetterich, PE
Harry Nguyen
Gill Iradukunda
Wen Zhang
Anthony Zanotti, PE
Andrew Bussey, PE
Ming (Mike) Lin, PE
Kevin Barnes
Ronaldo Magno
Bob Kramer
Michael Reed
Jesus Soriano
Stuart McKnight
Narges Ghazi
Kristin Gros, ASLA, LEED AP ND
Landscape Architect, Community Outreach

SUBCONSULTANTS
Eduardo Santa Cruz
Certified Access Specialist
Jerry Sherman, LEED AP, CAC, CDPH
Hazardous Materials Specialist
Tim Fettig, PLS
Land Surveyor
Pablo Amezquita, CTS-D
Lead Audio-Visual System Designer
Tony Hammers, RCCD, NTS, OSP, DCDC
Lead IT and Security System Designer
*Key Staﬀ
Resolution No. 2024-06
Exhibit "A"

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John Silber, AIA
Principal Architect
Education
M Arch, Southern California Institute of Architecture
Professional Credential: Architect: California (#15573) Mr
. Silber has been an active member of the architecture and urban design of Southern California for more than 30 years. His work has covered a broad range of urban projects, including a number in areas of special interest, such as the link public education creates between culture and economic vitality. He has mastered the interface between community design expectations, urban in-fill architecture and modern code standards for fire/life safety, energy, and accessibility.

Relevant Project Experience:
• County of Orange DPW Brea Library RenovaƟ ons | Brea, CA • County of Orange DPW El Toro Library RenovaƟ ons and Upgrades | Lake Forest, CA • County of Orange Dept. Public Works Los Alamitos-Rossmoor Library Space Planning and Architectural Improvements | Seal Beach, CA
• County of Orange Yale Homeless Shelter | Santa Ana, CA • City of Santa Ana - City Hall Oﬃ ce Space Planning and Architectural Improvements | Santa Ana, CA Shelley Sivak, RA, LEED AP
Project Manager
Education
Master of Architecture, California State Polytechnic University, Pomona Professional Credential
Architect: CA #C33767; LEED Accredited Professional
Ms. Sivak is a forward-thinking architect who brings form to interior space and new life to both urban and suburban settings, to create a strong sense of place. She takes a holistic approach and considers key capacity to recognize the specific demands of a particular location and tailors the design process to be efficient and productive.

Relevant Project Experience:
• County of Orange Dept. Public Works El Toro Library Space Planning and Architectural Improvements | Lake Forest, CA
• County of Orange Dept. Public Works Brea Library Space Planning and Architectural Improvements | Brea, CA
• County of Orange Dept. Public Works Los Alamitos-Rossmoor Library Space Planning and Architectural Improvements | Seal Beach, CA
• County of Orange Yale Homeless Shelter | Santa Ana, CA Key Staff Resumes
Resolution No. 2024-06
Exhibit "A"

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Said Hilmy, PhD, PE, SE, LEED AP
Principal /Contract Administrator
Education: Doctorate, Structural Engineering, Cornell University Professional Credentials: Professional Structural Engineer: CA #S3680; Pr
ofessional Civil Engineer: CA C43988; LEED AP
Dr. Hilmy has over 35 years of experience in structural engineering design and analysis and project management with strong experƟ se in the design and upgrade of steel, concrete, and wood structures. Mr. Hilmy provides organizaƟ onal leadership with a focus on quality control in the delivery of construcƟ on documents and excellent customer service.

Relevant Project Experience:
• County of Orange DPW Brea Library RenovaƟ ons | Brea, CA • County of Orange DPW El Toro Library RenovaƟ ons and Upgrades | Lake Forest, CA • County of Orange Dept. Public Works Los Alamitos-Rossmoor Library Space Planning and Architectural Improvements | Seal Beach, CA
• County of Orange, Yale Homeless Shelter | Santa Ana, CA Victor Mercado, PE, SE
Lead Structural Engineer
Education: MS, Civil Engineering, University of California, Irvine Professional Credentials: Pr ofessional Structural Engineer, CA #S5020; Professional Civil Engineer, CA #C65325
Mr. Mercado possesses more than 20 years of experience in the design and analysis of buildings for both the priv
ate and public sectors. His area of experƟ se includes structural design of steel structures, concrete frame or shear wall structures, masonry structures and Ɵ mber structures. In addiƟ on to his structural design experience, Victor has worked on numerous projects involving the seismic rehabilita Ɵ on, and earthquake safety evaluaƟ on of exisƟ ng structures.

Relevant Project Experience:
• County of Orange DPW Brea Library RenovaƟ ons | Brea, CA • County of Orange DPW El Toro Library RenovaƟ ons and Upgrades | Lake Forest, CA • County of Orange, Yale Homeless Shelter | Santa Ana, CA • City of Carlsbad, Safety Center Seismic Retroﬁ t and RenovaƟ ons | Carlsbad, CA Resolution No. 2024-06
Exhibit "A"

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Steven Collins, PE, LEED AP
Lead Electrical Engineer
Education: MS, Electrical Engineering, Rensselaer Polytechnic Institute Professional Credentials: Professional Electrical Engineer: California #E22805; LEED Accredited Professional
Mr. Collins brings over 20 years of experience in Electrical Engineering for Building Systems and has expertise in municipal, education, commercial, and healthcare markets. His experience includes field investigation, design, and specifications for electrical service entrance equipment, standard and emergency distribution systems, lighting systems, controls, power-to-utilization equipment and devices, fire alarm systems, and telecommunication and low-voltage raceway systems.

R
elevant Project Experience:
• City of Newport Beach, Central Library Elevator, Fire Alarm and Security System ModernizaƟ on | Newport Beach, CA
• The Aerospace CorporaƟ on LighƟ ng Replacement | Los Angeles, CA • Orange County Sheriﬀ ’s Department, Central Men’s Jail LighƟ ng Retroﬁ t | Orange, CA • City of Lancaster, El Dorado Park RevitalizaƟ on | Lancaster, CA • Department of Veteran’s AdministraƟ on, Air Handler Unit Replacement | Barstow, CA Faisal Dakhil
Cost EsƟ mator
Education:

MS, Civil Engineering, University of Southern California; BS, Civil Engineering
, University of Southern California
Mr. Dakhil has over 30 years of pre-construction, construction management, and estimating experience in a broad spectrum of projects ranging in value from $1 million to more than $250 million. Faisal has a long track record of successful jobs coming in under budget and on time, resulting in substantial client savings.

Relevant Project Experience:
• County of Orange Dept. Public Works Los Alamitos-Rossmoor Library Space Planning and Architectural Improvements | Seal Beach, CA
• County of Orange, Yale Homeless Shelter | Santa Ana, CA • City of Pasadena Public Works Building Seismic Retroﬁ t | Pasadena, CA • City of Lancaster, El Dorado Park RevitalizaƟ on | Lancaster, CA Resolution No. 2024-06
Exhibit "A"

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Critical Infrastructure & Modernization Project
Joy Lyndes, PLA, FASLA
Lead Landscape Architect
Education: Master of Landscape Architecture, University of Arizona Professional Credentials: Professional Landscape Architect: California #C4183 Ms. Lyndes brings a broad range of municipal, local, and state agency expertise specializing in transportation and f
acilities planning, design, and construction oversight of complete streets, facilities programming, and smart growth. In addition, her practice focuses on health and well-being as one of the critical priorities of our community regeneration framework, fostering long-term health outcomes in our neighborhoods and public spaces. Her experience includes landscape programming, planning, design, construction documents, and construction administration for local, state, and federally funded projects.

Relevant Project Experience:
• County of Orange Dept. Public Works Los Alamitos-Rossmoor Library Space Planning and Architectural Improvements | Seal Beach, CA
• County of Orange, Yale Homeless Shelter | Santa Ana, CA • City of Lancaster, El Dorado Park RevitalizaƟ on | Lancaster, CA • Leo Carrillo Historic Ranch Park | Carlsbad, CA
• Veterans AssociaƟ on of North County (VANC) Honor Wall/Community Event Space | Oceanside, CA Bradley Mansﬁ eld, AIA
Quality Assurance-Quality Control
Education: MS, Structural Engineering, California Polytechnic University, Pomona Professional Credentials: Pr ofessional Structural Engineer, CA #S5186; Professional Civil Engineer, CA #C42855
Bradley is a licensed architect who takes the initiative to complete processes of coordinated project deliverables and manag
ement. He has over 30 years of design experience in California for community focused projects in adaptive reuse, historical buildings, education, senior living, and urban infill projects.

Relevant Project Experience:
• Riverside Community College Library RenovaƟ on* | Riverside, CA • City of Brea Senior Center RenovaƟ on* | Brea, CA
• Los Angeles Commuity College District, Districtwide HydraƟ on StaƟ on IniƟ aƟ ve • Rancho SanƟ ago Community College District, Peer Review Access Control | Santa Ana, CA *Project experience with another ﬁ rm.

Resolution No. 2024-06
Exhibit "A"

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Critical Infrastructure & Modernization Project
Adrian Anderson, PE
Lead Civil Engineer
Education: BS, Civil Engineering, CSU, Long Beach
Professional Credentials: Professional Civil Engineer: California #C6095 Mr
. Anderson has over 25 years of experience and is well versed in managing public agency projects for street rehabilitation projects, street widening and new street/highway projects, drainage improvement projects, right of way projects, development project plan checks for various agencies, urban trail projects, and bike trails.

Relevant Project Experience:
• City of Laguna Beach, Pearl Street Pedestrian Safety Assessment | Laguna Beach, CA • City of Lancaster, El Dorado Park RevitalizaƟ on | Lancaster, CA • Riverside County Sheriﬀ Dept., Coroner Facility Parking Lot Improvements, Drainage, and Water Quality | Perris, CA
• Los Angeles World Airports, Roadways, UƟ liƟ es & Enabling (RUE), Century Blvd & LAX Street RehabilitaƟ on Los Angeles, CA
• Topanga Canyon Charter School, Maintenance Vehicle & Pedestrian Access Way Design, Paving and Drainage Repairs | Topanga, CA
Darren Smith, PE, BEAP
Lead Mechanical/Plumbing Engineer
Education: BS, Mechanical Engineering Technology, California Polytechnic University, Pomona Professional Credentials: Professional Landscape Architect: California #M30841; ASHRAE (Building Ener
gy Auditing Professional)
Darren Smith is a registered mechanical engineer with over 25 years of experience in design bid build and design- build projects. As a design engineer or project manager, Darren’s role will be flexible for project task order assignments. With extensive experience in designing and managing numerous construction projects, Darren brings cross-communication at various levels of project ownership.

Relevant Project Experience:
• County of Orange DPW Brea Library RenovaƟ ons | Brea, CA • County of Orange DPW El Toro Library RenovaƟ ons and Upgrades | Lake Forest, CA • County of Orange, Yale Homeless Shelter | Santa Ana, CA • City of Laguna Beach, South Main Beach Restroom Design | Laguna Beach, CA • Los Angeles World Airports, Roadways, UƟ liƟ es & Enabling Projects, Paving & Street Design | Los Angeles, CA
Resolution No. 2024-06
Exhibit "A"

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Critical Infrastructure & Modernization Project
Project Address: 1 Civic Center Circle, Brea, CA 92821 Year Completed: February 2023 Client Contact Reference
Orange County Public Libraries
Sherry Toth, Assistant County Librarian
714.566.3033, [email protected]
Project InformaƟ on
IDS teamed with the Orange County Public Libraries to transform the Brea Library by extrac Ɵ ng its outdated 1980s interior and renovaƟ ng it into a harmonic revived community building that appeals to all ages. The design ﬂ ow inspira Ɵ on from the library entry point through the various spaces in the building comes from a poem by American modernist poet Wallace Stevens, ‘This Solitude of Cataracts.’ Cataracts are waterfalls, parts of a ﬂ owing river that is never the same way twice. This idea forms the space’s use of acousƟ c baﬄ es that undulate above, guiding patrons through the di ﬀ erent points of interest and allowing patrons to pause in eddies for study or contempla Ɵ on along the ebb and ﬂ ow of the path through the library idenƟ ﬁ ed by the varied and textural paleƩ e of greens and grays.

The IDS team created separate nodes for teens’ and adults’ lounges to handle today’s technological devices—individuals and groups can reserve private meeƟ ng rooms with whiteboards and LED ﬂ at panel displays. Public computer staƟ ons and areas for personal laptops or other smart devices have ready access to the library’s Wi-Fi. A dedicated children’s room has computer tables and comfortably sized seaƟ ng. Mobile book stacks allow ﬂ exibility to accommodate children’s acƟ vity programs and storyƟ me.

The IDS team of architects and engineers was also integral in the refresh of the recep Ɵ on area, large book stacks, storage, break room, staﬀ restroom, program area, administraƟ on oﬃ ces, and friends of library space.

The County of Orange received a $9.8 million grant from the State of California library system’s Building Forward Library Infrastructure Program. This money will help revitalize other city library branches throughout Orange County.

Brea Library | Brea, CA
County of Orange Public Works Capital Improvement Division Resolution No. 2024-06
Exhibit "A"

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Project Address: 24672 Raymond Way, Lake Forest, CA 92630 Year Completed: September 2021 Client Contact Reference
Orange County FaciliƟ es Design and ConstrucƟ on / A&E Project Management MaƩ Durbin, Senior Project Manager
714.667.1626, MaƩ [email protected]
Project InformaƟ on
IDS' architectural and engineering (A/E) scope of work encompassed design to modernizaƟ on and improvements to the library.

Based upon a County of Orange faciliƟ es condiƟ on assessment report, the IDS team addressed prioriƟ es from the document and determined the necessary work to complete. A/E repairs included building envelope, HVAC, electrical, communicaƟ ons, safety and security, and civil site improvements. These prioriƟ es provided a rapid return on investment, such as energy and equipment eﬃ ciency, site improvements, and ADA compliance. IDS worked on a new furniture package for the project as part of the library's interior revitalizaƟ on.
“… please let the others who attended know we at OCCR much appreciate the due diligence that your staff has provided over the past few months. Shelley in particular has made herself available for conference calls, go-to-meetings, and site meetings when called upon so a big hand must be given to her. And Said thank you for doing the 50,000 fly over eye on the design through documentation.” OC Parks - OC Community Resources Project Manager
Tenantimprovementtointeriorspaceconsistingofinteriorfinishes,lightingreplacement,newcasework, bookstacksrelocation,reconfigurationofpublicrestrooms,backofhouserenovation,replaceonesetof exteriorwindows,replace2HVACunits,minorsitework,andexteriorpaint.nosquarefootageadded. minorsiteworktoaddressaccessibility.
Totalbui lding footage:13,940SQFT

El Toro Library | Lake Forest, CA
County of Orange Public Works Capital Improvement Division Resolution No. 2024-06
Exhibit "A"

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Critical Infrastructure & Modernization Project
Project Address:
12700 Montecito Road, Seal Beach, CA 90740
Year Completed:

Under ConstrucƟ on
Client Contact Reference
Orange County Public Works / A&E Project Management
MaƩ DeHart, Project Manager
714.667.4972, MaƩ [email protected]
Project InformaƟ on
IDS provided architectural and engineering tenant
improvements and upgrades to the exis Ɵ ng library
building on the west side of Seal Beach Boulevard,
on Montecito Drive in the City of Seal Beach.

IDS Group, the County Library group, and Orange County
Public Works teamed to create a design package that brings one of the County's older library buildings into modernizing the library as a community gathering space and technology hub. This project not only renovates the 10,489 square feet of exisƟ ng space that includes a special Friends of the Library area but also adds a 1,188 square feet community workspace.

The name Los Alamitos means the liƩ le coƩ onwoods and calling on the lore of the Plains Indians. IDS took the form of tree rings, and the stars within their branches released into the night sky. The historical lore set the tone for form generaƟ on, enabling the design team to re-imagine the ﬂ oor plan. Overlapping tree rings and radial star pa Ʃ erns guide the library's layout, allowing for views to open throughout the library that radiate at key operaƟ onal points throughout the building.

The library renovaƟ on adds comfortable lounge areas for visitors. There are quiet spaces for group and individual work and shared community spaces for computer use and reading. In addi Ɵ on to interior upgrades, IDS was responsible for coordina Ɵ ng a new furniture package; renova Ɵ ons include building envelope, HVAC, electrical, communicaƟ ons, safety and security, and civil site improvements.

Los Alamitos-Rossmoor Library | Seal Beach, CA
County of Orange Public Works Capital Improvement Division Resolution No. 2024-06
Exhibit "A"

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References
County of Orange | Multiple Architectural and Engineering Projects IDS conƟ nues to provide architectural and engineering (A/E) on-call task order services to the County of Orange.

Various projects completed include the Yale Homeless Shelter, Master Planning for the El Toro Orange County Emergency Medical Services (OCEMS) Facility, and the Anita Drive Property CondiƟ on Assessment.

Contact: Mr. MaƩ hew Durbin, Sr. Project Manager
Phone: (714) 667-1626 | Email: maƩ [email protected] | Project Dates: 2019 - 2022 El Toro Library Contact Reference: Mr. Don Nguyen, Project Manager | Phone: (714) 380-7254 Brea Library Contact Reference: Ms. Sherry Toth, Assistant County Librarian | Phone: (714) 566-3033 City of Santa Ana Architectural Improvements
The IDS team is currently providing A/E services for the City of Santa Ana’s City Hall oﬃ ce tenant improvements.

Project scope of work includes coordina Ɵ on with City departments, phasing/move management, MEP system upgrades, uƟ lity coordinaƟ on, and site analysis.

Contact: Ms. Gabriela Lomeli, Project Manager
Phone: (714) 565-2692 | Email: [email protected] | Project Dates: 2020 - on-going City of Irvine Police Department Workspace Relocation & Tenant Improvements The pr
oject focused on the expansion of the exis Ɵ ng police department (Public Safety) within the mul Ɵ -story Civic Center. IDS provided architectural design services for tenant improvement for the proposed expansion and r
elocaƟ on of various departments.

Contact: Mr . Chris Brown, Sr. Project Manager
Phone: (949) 724-6937 | Email: chbrown@cityoﬁ rvine.gov | Project Dates: 2019 - on-going County of Riverside Sheriff Department | Planning and A/E Improvement Projects Miscellaneous A/E services including planning and design services for mul Ɵ ple faciliƟ es for the County of River- side Sheriﬀ Department.

Contact: Mr. Ramon Tadrous, Director, Project Management Oﬃ ce Phone: (951) 955-5951 | Email: rtadrous@riversidesheriﬀ .org | Project Dates: 2021 - 2022 LiƟ gaƟ on
IDS is a reputable and well-established company and does not have any judgments, pending, or expected liƟ gaƟ on or other real or potenƟ al ﬁ nancial reversals that aﬀ ect the viability or stability of the organizaƟ on.

Resolution No. 2024-06
Exhibit "A"

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Item7.
22 Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
D. Project Understanding & Approach
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Project Understanding
There are two primary needs for the City of Escondido Library, they are:

1. Upgrade Cri Ɵ cal Building Systems - Address the HVAC and ductwork system, clerestory glazing and TPO roof, electric
al system, restrooms, accessibility, and parking lot to enhance overall building performance and user comfort.

2. Interior Enhancements - UƟ lize any remaining funds judiciously to revitalize the library's aestheƟ cs, focusing primarily on the 1st ﬂ oor.

The City has $7.5 million to achieve a comprehensive renovaƟ on within a well-deﬁ ned budgetary framework. The implementaƟ on deadline for these library improvements is March 31, 2025.

Project Approach
IDS is the ideal architectural-engineering partner to work with the City of Escondido to revitalize the library's exis Ɵ ng infrastructure, equipment, and systems. The project team presented in this proposal has current and completed library experience, and based on the team's observaƟ ons of the Escondido Library on November 2nd, the project approach will involve:
• The analysis of exisƟ ng condiƟ ons.
• SelecƟ ng appropriate systems for improved building
eﬃ ciencies and operaƟ ons.
• Resilient Library Design.

Libraries today need not just focus on extending useful life but, more importantly, how libraries are a lifeline to the community from a social, learning, and inclusive perspec Ɵ ve. While working with local public agencies to enhanc
e their exisƟ ng library faciliƟ es, IDS has taken the opportunity to reset client stakeholders expectaƟ on and help them to reposiƟ on libraries to their modern role, rede ﬁ ning aestheƟ cs relaƟ ve to the enjoyment or study of beauty. Beyond essenƟ al enhancements, libraries need transformaƟ onal change that speaks to the communiƟ es they purposefully serve.

IDS will implement as many of the Escondido Public Library Strategic Plan 2022 facility goals with an iniƟ al focus on the ﬁ rst-ﬂ oor facility objecƟ ves. Priority seƫ ng is necessary for this project and it will be in close collabora Ɵ on with the City staﬀ -- especially the librarians –and the ConstrucƟ on Manager. The community engagement process will play a key role in making criƟ cal decisions early on in the development of the project design.

UƟ lizing an integrated A/E approach with local project team members, IDS will work closely with the City's ConstrucƟ on Manager to focus on the following project elements:

1. Determine the scope and corresponding construc Ɵ on cost for the criƟ cal building systems,

2. And a Ō erward, establish the scope and cost for aestheƟ c enhancements.

3. The RFP notes that the City has set the construc Ɵ on budget.

Resolution No. 2024-06
Exhibit "A"

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Item7.
23 Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
Where it's feasible in the project, IDS will design accordingly, prioriƟ zing the most essenƟ al project aspects versus those considered secondary requirements.

The project will begin with a Concept Design. The team will progress the project to the Schema Ɵ c Design Phase with a quality assurance checkpoint to perform the following:
• Review the criƟ cal building systems budget and scope. • Review the aestheƟ c enhancements budget and scope.
• Determine the synergies between the CriƟ cal Building Systems and AestheƟ c Enhancements, extending outcomes achieved by the $7.5 million budget.
• Deliver the Basis of Design (BOD) DraŌ Rough Order of Magnitude (ROM) Cost EsƟ mate documents to the City and the City's Project ConstrucƟ on Manager.

A. Design Management and CoordinaƟ on
The IDS Project Manager will lead the design management and c
oordinaƟ on e ﬀ ort, ensuring high-quality services occur to budget and schedule from commencement to comple Ɵ on. A Deputy Project Manager will be on the project to provide redundancy in this key posiƟ on.

The IDS Project Manager will be responsible for:
• Design coordinaƟ on of the project work with the City's ConstrucƟ on Manager and outside agencies/uƟ lity
departments.
• Update the project schedule as necessary.
• Submit monthly invoices and progress summary reports per RFP Exhibit B. • Coordinate, aƩ end, and prepare design meeƟ ng minutes for the kick-oﬀ and bi-weekly meeƟ ngs with City staﬀ and related consultants.
• Provide agendas and minutes, PowerPoint, and other exhibits. • Discuss the project, present design opƟ ons, and discuss alternaƟ ves. • Use virtual meeƟ ngs when acceptable to the City to improve eﬃ ciency.

B. Pre-Design, Design, and Engineering Services
IDS will perform a technical assessment of the Cri Ɵ cal Building Systems while concurrently formula Ɵ ng a list of AestheƟ c Enhancements sought by the City. This e ﬀ ort will be a collabora Ɵ ve exercise with the library sta ﬀ community of library users to extend the library's economic life and align the library design to current and future use paƩ erns. This work will prioriƟ ze the scope of work and budget for the CriƟ cal Building Systems and AestheƟ c Enhancements. The scope of services will align with Exhibit B of the RFP .

Resolution No. 2024-06
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Critical Infrastructure & Modernization Project
Deliverables:
• Basis of Design (BOD) seƫ ng project scope by narraƟ ve and graphically and corresponding Cost EsƟ mate (submiƩ ed for City review and comment). The BOD will align with:
• Required CriƟ cal Building System improvements,
• AestheƟ c Enhancements implemented per the 2022 City of Escondido Public Library Strategic Plan.
• Final BOD and Cost EsƟ mate
• Speciﬁ caƟ ons, Table of Contents
SchemaƟ c Design (SD)
IDS will prepare and deliver a schemaƟ c design package that includes design exhibit opƟ ons to achieve the BOD goals. AŌ er conferring with the City and the Construc Ɵ on Manager, IDS will revise the preferred opƟ on per the City's comments.

A public outreach event will occur to present and gather feedback from c
ommunity stakeholders. The IDS outreach aims to inform the public about the pr
oject and acƟ vely seek their input through a listening event. IDS will also have an online survey available for community input. Results from these ac Ɵ viƟ es will be summarized in a report with key ﬁ ndings for City review and use. A Ō er consultaƟ on with the City and Construc Ɵ on Manager, IDS will prepare the ﬁ nal BOD and Rough Order of Magnitude (ROM) Cost EsƟ mate.

Deliverables: Design package will include plans, 3D renderings, outline speci ﬁ caƟ ons, and rough order of magnitude (ROM) cost esƟ mate.

Design Development (DD)
IDS will prepare and submit an ini Ɵ al DD package for the City to review. The ﬁ nal DD submi Ʃ al package will incorporate City comments.

Deliverables:
• IniƟ al design development opƟ ons.
• Final design development exhibits and an updated cost esƟ mate. • BOD amendments, if any, should the project scope require revision.

ConstrucƟ on Documents (CD)
• IDS will prepare and submit construcƟ on documents with progress submiƩ als for City review.

Deliverables:
• 50% ConstrucƟ on Documents (Plans and Speciﬁ caƟ ons). • 80% ConstrucƟ on Documents, including Plans, Speciﬁ caƟ ons, and Cost EsƟ mate. • 100% ConstrucƟ on Documents.
• Plan Check/Permiƫ ng
• IDS will submit plans for plan check review and complete the plan check process to "permit ready to issue" status.

Resolution No. 2024-06
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Critical Infrastructure & Modernization Project
Contractor Bidding
Upon conclusion of the construcƟ on documentaƟ on phase, IDS will provide reproducible construcƟ on documents.

Deliverables:
• ConstrucƟ on Documents and Speciﬁ caƟ ons.
• Bid RFI's and SubsƟ tuƟ on Request responses.
• Addenda including supporƟ ng documents.

Furniture Design and Procurement
IDS will provide a design to enable the City to negoƟ
ate and secure compeƟ Ɵ ve pricing and services required for the project. To the extent possible, furniture selecƟ ons can be made from CMAS, US CommuniƟ es, or other GSA- approved pre-negoƟ ated furniture lisƟ ngs. Upon compleƟ on of installaƟ on, IDS will aƩ end a job walk to conﬁ rm the completeness of installed FF&E items with the dealer.

Deliverables:

IDS' services will include the Needs Assessment, Design and Documenta Ɵ on PreparaƟ on, and Procurement
Process as outlined in RFP Exhibit B.

ConstrucƟ on AdministraƟ on
During the construcƟ on administraƟ on phase, IDS will perform the following services:
• Responses to RFIs, material submiƩ als, and shop drawings from the contractor. • Plan revisions as required.
• Responses to the review of proposed contract change orders. • Plan revisions, as needed, and as-builts.

Resolution No. 2024-06
Exhibit "A"

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26 Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
Exclusions and AssumpƟ ons

1. The Project Budget earmarks $7.5 million for construc Ɵ on acƟ viƟ es. Our proposal assumes that the limit of design services will be limited to what can be designed and built for $7.5 million. Design services for construcƟ on exceeding this amount will be provided upon approval of addiƟ onal services. We will triage the scope of the project as a part of the construcƟ on cost esƟ mate review process.

2. Mul Ɵ ple bid packages, addi Ɵ onal phasing, and/or early release packages are assumed to be addi Ɵ onal services.

3. Assumes disturbed area will be less than 5,000 SF of impermeable site surfaces, so excludes water quality management plan (WQMP) and stormwater quality and management design.

4. Assumes contractor will prepare Stormwater Pollu Ɵ on PrevenƟ on Plan (SWPPP).

5. Assumes underground u Ɵ lity locaƟ ng services, if required by the project, provided as an addiƟ onal service.

6. Excludes environmental study, report, clearance, or HazMat report or preparing HazMat speci ﬁ caƟ ons.

7. Building sta ﬀ will be available to guide IDS Team survey staﬀ and unlock doors for access to equipment. Staﬀ will provide ladders for access above ceilings or to roofs.

8. IDS Team surveys are limited to informa Ɵ on that is readily accessible. IDS does not perform destruc Ɵ ve tesƟ ng.

9. It is assumed the complete record structural drawings are available, or where they are not, the building owner will provide such construcƟ on/engineering/tesƟ ng resources as required to recreate record structural drawings to the level of detail necessary for IDS to perform the structural evaluaƟ on work.

10. Design of emergency power systems (generators, inverters, ﬂ ywheels, UPS, etc.) is excluded.

11. Electrical arc ﬂ ash study excluded.

12. Moderniza Ɵ on of the exisƟ ng elevator is excluded.

Resolution No. 2024-06
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27Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project

IDS ROUPG

CRITICAL BUILDING SYSTEMS

HVAC REPLACMENT
HVAC & DUCTWORK SYSTEM ISSUES & SOLUTIONS:

STREET VIEW/CLERESTORY
ROOF SCREEN ?

HEATING HOT WATER SYSTEM

WITH BOILER AND PUMP

PACKAGED UNIT EXHAUST FAN

OLD CONDENSING UNIT

REPLACE UNIT AND ROOF CURB WITH APPROPRIATELY SIZED ROOF CURB x REPLACE ALL THE HVAC UNITS.
x REPLACE THE LAST 2 HVAC UNITS WITH A LARGE UNIT IN ORDER TO CIRCULATE THE AIR BETTER IN THE LIBRARY AND LEAD TO FASTER HEATING OR COOLING. x CONSOLIDATE UNITS TO MAKE SPACE FOR ADDITIONAL CAPACITY, PARTICULARLY NEEDED DURING HIGH LOAD EVENTS ? x SHOULD THE ROOF SCREEN BE TALLER?
x STRUCTURE ISSUE: MODERN HIGH EFFICIENCY UNITS USUALLY HEAVIER THAN OLDER UNITS x WILL THE HVAC EQUIPMENT NEED A LARGER WELL?
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Critical Infrastructure & Modernization Project

IDS ROUPG

CRITICAL BUILDING SYSTEMS
CLERESTORY WINDOWS & CEILINGS ISSUES & SOLUTIONS:

1. REPLACE ALL THE CLERESTORY GLAZING IN ORDER TO
ENHANCE THE BUILDING PERFORMANCE.

2. REMOVE EXISTING CEILING AND REPLACE WITH SUSPENDED ACOUSTICAL CEILINGS IN ORDER TO

REDUCING NOISE POLLUTION AND IMPROVING SPEECH INTELLIGIBILITY AND TO IMPROVE LIFE SAFETY

BY PROVIDING PROPER SEISMIC BRACING AND IMPROVING THE AIR QUALITY PROVIDED BY THE REPLACED HVAC SYSTEMS.

OPTION #1 FOR GROUND FLOOR CEILING OVER
BOOK STACKS OPTION #2 BEAM ACOUSTICAL CEILING BAFFLE FOR GROUND FLOOR CEILING OVER BOOK STACKS EXISTING CEILING

ESCONDIDO LIBRARY
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29Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project

IDS ROUPG

CRITICAL BUILDING SYSTEMS
ADA PATH OF CIRCULATION ISSUES & SOLUTIONS:
x AT LEAST ONE ACCESSIBLE ROUTE MUST CONNECT ALL ACCESSIBLE SPACES AND ELEMENTS. x THE PARKING LOT PAVING LOOKS TO BE IN DECENT SHAPE, MAYBE REFRESHING THE STRIPING AND A SLURRY SEAL WOULD BE WARRANTED. x PARKING LOT ADA STALLS NEED DETECTABLE WARNING SURFACES AT RAMP ACCESS AISLES (ONE END STALL AREA COULD BE REGRADED TO PROVIDE AN ACCESSIBLE RAMP THAT DOES NOT TAKE PARTIAL ACCESS BEHIND ADJACENT PARKING SPACE. x 3RD AVE INCLUDES TWO DRIVEWAYS, BOTH ARE OUT OF ADA COMPLIANCE. x NEED TO REPLACE DAMAGED BLUE REGULATORY SIGN AT MAIN DRIVEWAY ENTRANCE. MEANDERING SIDEWALK HAS TREE UPLIFT NEAR CORNER OF 3RD AVE AND KALMIA ST, AND THIS CORNER (SEC OF LIBRARY PROPERTY) ALSO HAS NONCOMPLIANT CURB RAMP. THIS AREA IS CLOSEST TO THE PEDESTRIAN ENTRANCE FOR SOUTHERLY BUILDING LABELED “PIONEER ROOM - LOCAL HISTORY ARCHIVE”, JUST NORTH OF THE SOUTHEAST CORNER. x LIBRARY STAFF LOT AT NORTHEAST CORNER OF PROPERTY COULD USE GRIND AND OVERALY (ONLY 4 PARKING STALLS, NONE OF WHICH ARE ADA) AND DRIVEWAY IS NOT ADA COMPLIANT.
x CURB RAMP AT NORTHEAST CORNER OF THE PROPERTY IS NOT ADA COMPLIANT. x SIDEWALK ON 2ND AVE NEEDS RECONSTRUCTION AT NORTHWEST CORNER OF MAIN LIBRARY BUILDING.

ADA PARKING

PATH OF TRAVEL FROM PUBLIC
STAIRS

ACCESS TO ADA RESTROOMS
PLAZA 1

PLAZA / CONCEPT
PLAZA 2
EXISTING PLAZA 2 EXISTING PLAZA1
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Critical Infrastructure & Modernization Project

IDS ROUPG

FACILITY IMPROVEMENT & GOALS

FACILITY
x CREATE LIVING ROOM FEEL
x RESET FURNITURE
x FRESH PAINT
x LIGHTING
x SAFE SPACE FOR TEENS
x TUTORING SPACE / READING ROOMS
x MURALS
x KITCHEN EQUIPMENT
x ART TABLE AND MATERIALS
x BETTER TECH AT LIBRARY
x AREA TO EAT
x 24/7 BOOK KIOSK
x MARKETPLACE
x CAFE
x A PLACE TO RELAX IS DESIRED AT THE LIBRARY
x MAKERSPACE & MEDIA LAB

BREA LIBRARY / READING ROOMS /MURAL

BREA LIBRARY / DECORATIVE WALL PANEL

BREA LIBRARY / LOUNGEBREA LIBRARY / LOUNGE

EL TORO LIBRARY

HASKETT LIBRARY/MAKER SPACE

HASKETT LIBRARY/

RECORDING ROOM
(FROM THE EPL STRATEGIC PLAN 2022)

EL TORO LIBRARYEL TORO LIBRARY
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Critical Infrastructure & Modernization Project

IDS ROUPG
ESCONDIDO LIBRARY/OPTION 1AFTER /
BEFORE
OPTIONS & IDEAS 1
x PLACING LOWER STACKS IN THE CENTER OF THE SPACE CREATES A MORE OPEN & CASUAL ENVIRONMENT . x FLOW CONCEPT THROUGH THE LIBRARY.
x NEW SUSPENDED CEILING DESIGN.

Resolution No. 2024-06
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Critical Infrastructure & Modernization Project

IDS ROUPG
ESCONDIDO LIBRARY/OPTION 2

BEFORE AFTER /
OPTIONS & IDEAS 2
x REORGANIZATION & COLLECTIONS INTO A RADIAL PATTERN ALLOWS FOR GREATER VISUAL CONNECTION BETWEEN STAFF AND PATRONS. x FLOW CONCEPT THROUGH THE LIBRARY.
x NEW SUSPENDED CEILING DESIGN.

Resolution No. 2024-06
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Critical Infrastructure & Modernization Project
E. Schedule of Services
ID Task Name Duration Start Finish
1 Project Kick-off Meeting 1 day Wed 1/24/24 Wed 1/24/24 2 Notice to Proceed 1 day Mon 1/29/24 Mon 1/29/24
3 Phase I: Concept Design 21 days Wed 1/31/24 Wed 2/28/24 4 Site Visit 1 day Thu 2/1/24 Thu 2/1/24
5 Review Existing As-Built Drawings 5 days Thu 2/1/24 Wed 2/7/24 6 Hazardous Materials Report 5 days Thu 2/8/24 Wed 2/14/24 7 Topographic & Civil Survey 5 days Thu 2/15/24 Wed 2/21/24 8 Site Access & Circulation Study for ADA Compliance 5 days Thu 2/22/24 Wed 2/28/24 9 Site Analysis / Site Plan 5 days Thu 2/1/24 Wed 2/7/24 10 Conceptual Floor Plans, Elevations & Renderings 12 days Thu 2/8/24 Fri 2/23/24 11 Stakeholder Review Period 3 days Mon 2/26/24 Wed 2/28/24 12 Preliminary Cost Estimate 3 days Mon 2/26/24 Wed 2/28/24 13 Submission of Concept Design Package 1 day Thu 2/29/24 Thu 2/29/24 14 Phase II: Schematic Design 43 days Thu 2/29/24 Mon 4/29/24 15 Schematic Plans, Elevations and Sections 26 days Fri 3/1/24 Fri 4/5/24 16 Interim SD Stakeholder Review 1 day Mon 4/8/24 Mon 4/8/24 17 Schematic Design Renderings / Presentation 10 days Tue 4/9/24 Mon 4/22/24 18 Stakeholder Review Period 5 days Tue 4/23/24 Mon 4/29/24 19 SD (ROM) Cost Estimate 5 days Tue 4/23/24 Mon 4/29/24 20 Submission of Schematic Design Package 1 day Tue 4/30/24 Tue 4/30/24 21 Phase III: Design Development 43 days Wed 5/1/24 Fri 6/28/24 22 Design Development & Details 30 days Wed 5/1/24 Tue 6/11/24 23 Interim DD Stakeholder Review 1 day Wed 6/12/24 Wed 6/12/24 24 Design Development Presentation 6 days Thu 6/13/24 Thu 6/20/24 25 Stakeholder Review Period 5 days Fri 6/21/24 Thu 6/27/24 26 DD Cost Estimate 10 days Fri 6/14/24 Thu 6/27/24
27 Submission of Design Development Package 2 days Mon 7/1/24 Tue 7/2/24 28 Phase IV: Construction Documents 66 days Mon 7/1/24 Mon 9/30/24 29 50% Drawings for Construction Development 25 days Mon 7/1/24 Fri 8/2/24 30 NTP to 80% CDs 1 day Mon 8/5/24 Mon 8/5/24
31 80% Drawings for Construction Documents 25 days Mon 8/5/24 Fri 9/6/24 32 80% CD Cost Estimation 10 days Mon 8/26/24 Fri 9/6/24 33 NTP to 100% CDs 0 days Mon 9/9/24 Mon 9/9/24
34 100% Construction Documents 10 days Mon 9/9/24 Fri 9/20/24 35 Internal QA/QC Review 6 days Mon 9/23/24 Mon 9/30/24 36 Submission of 100% Construction Documents 1 day Tue 10/1/24 Tue 10/1/24 37 Phase V: Plan Check / Permitting 44 days Tue 10/1/24 Fri 11/29/24 38 Building & Safety, 1st Submittal 1 day Tue 10/1/24 Tue 10/1/24 39 Building & Safety 1st Submittal Review Period 10 days Wed 10/2/24 Tue 10/15/24 40 Building & Safety 1st Submittal Comments 9 days Wed 10/16/24 Mon 10/28/24 41 Building & Safety, 2nd Submittal 1 day Tue 10/29/24 Tue 10/29/24 42 Building & Safety, 2nd Submittal Review Period 10 days Wed 10/30/24 Tue 11/12/24 43 Building & Safety, 2nd Submittal Comments 9 days Wed 11/13/24 Mon 11/25/24 44 City Council Meeting 3 days Tue 11/26/24 Thu 11/28/24 45 Permit Issuance 0 days Fri 11/29/24 Fri 11/29/24
46 Phase VI: Bidding 65 days Mon 12/2/24 Fri 2/28/25
47 Bid Assistance, Answer Bid RFIs, Preparation & Issue of Addenda 65 days Mon 12/2/24 Fri 2/28/25 48 Bid Award 0 days Fri 2/28/25 Fri 2/28/25
49 Phase VII: Construction 260 days Mon 3/3/25 Fri 2/27/26 50 Construction Period: Answer RFIs, Issue Field Instructions, attend Construction Meetings
240 days Mon 3/3/25 Fri 1/30/26
51 Punch Walk, Closeout Submittal, and As-built Drawing Preparation 20 days Mon 2/2/26 Fri 2/27/26 Project Kick-off Meeting
Notice to ProceedNotice to Proceed
Phase I: Concept Design
Site Visit
Review Existing As-Built Drawings
Hazardous Materials Report
Topographic & Civil Survey
Site Access & Circulation Study for ADA Compliance
Site Analysis / Site Plan
Conceptual Floor Plans, Elevations & Renderings
Stakeholder Review Period
Preliminary Cost Estimate
Submission of Concept Design Package
Phase II: Schematic Design
Schematic Plans, Elevations and Sections
Interim SD Stakeholder Review
Schematic Design Renderings / Presentation
Stakeholder Review Period
SD (ROM) Cost Estimate
Submission of Schematic Design Package
Phase III: Design Development
Design Development & Details
Interim DD Stakeholder Review
Design Development Presentation
Stakeholder Review Period
DD Cost Estimate
Submission of Design Development Package
Phase IV: Construction Documents
50% Drawings for Construction Development
80% Drawings for Constr
17 24 31 7 14 21 28 4 11 18 25 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 '23 Jan '24 Feb '24 Mar '24 Apr '24 May '24 Jun '24 Ju
2024
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Progress
Deadline
1 /8
Resolution No. 2024-06
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Item7.
34Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
E. Schedule of Services
ID Task Name Duration Start Finish
1 Project Kick-off Meeting 1 day Wed 1/24/24 Wed 1/24/24 2 Notice to Proceed 1 day Mon 1/29/24 Mon 1/29/24
3 Phase I: Concept Design 21 days Wed 1/31/24 Wed 2/28/24 4 Site Visit 1 day Thu 2/1/24 Thu 2/1/24
5 Review Existing As-Built Drawings 5 days Thu 2/1/24 Wed 2/7/24 6 Hazardous Materials Report 5 days Thu 2/8/24 Wed 2/14/24 7 Topographic & Civil Survey 5 days Thu 2/15/24 Wed 2/21/24 8 Site Access & Circulation Study for ADA Compliance 5 days Thu 2/22/24 Wed 2/28/24 9 Site Analysis / Site Plan 5 days Thu 2/1/24 Wed 2/7/24 10 Conceptual Floor Plans, Elevations & Renderings 12 days Thu 2/8/24 Fri 2/23/24 11 Stakeholder Review Period 3 days Mon 2/26/24 Wed 2/28/24 12 Preliminary Cost Estimate 3 days Mon 2/26/24 Wed 2/28/24 13 Submission of Concept Design Package 1 day Thu 2/29/24 Thu 2/29/24 14 Phase II: Schematic Design 43 days Thu 2/29/24 Mon 4/29/24 15 Schematic Plans, Elevations and Sections 26 days Fri 3/1/24 Fri 4/5/24 16 Interim SD Stakeholder Review 1 day Mon 4/8/24 Mon 4/8/24 17 Schematic Design Renderings / Presentation 10 days Tue 4/9/24 Mon 4/22/24 18 Stakeholder Review Period 5 days Tue 4/23/24 Mon 4/29/24 19 SD (ROM) Cost Estimate 5 days Tue 4/23/24 Mon 4/29/24 20 Submission of Schematic Design Package 1 day Tue 4/30/24 Tue 4/30/24 21 Phase III: Design Development 43 days Wed 5/1/24 Fri 6/28/24 22 Design Development & Details 30 days Wed 5/1/24 Tue 6/11/24 23 Interim DD Stakeholder Review 1 day Wed 6/12/24 Wed 6/12/24 24 Design Development Presentation 6 days Thu 6/13/24 Thu 6/20/24 25 Stakeholder Review Period 5 days Fri 6/21/24 Thu 6/27/24 26 DD Cost Estimate 10 days Fri 6/14/24 Thu 6/27/24
27 Submission of Design Development Package 2 days Mon 7/1/24 Tue 7/2/24 28 Phase IV: Construction Documents 66 days Mon 7/1/24 Mon 9/30/24 29 50% Drawings for Construction Development 25 days Mon 7/1/24 Fri 8/2/24 30 NTP to 80% CDs 1 day Mon 8/5/24 Mon 8/5/24
31 80% Drawings for Construction Documents 25 days Mon 8/5/24 Fri 9/6/24 32 80% CD Cost Estimation 10 days Mon 8/26/24 Fri 9/6/24 33 NTP to 100% CDs 0 days Mon 9/9/24 Mon 9/9/24
34 100% Construction Documents 10 days Mon 9/9/24 Fri 9/20/24 35 Internal QA/QC Review 6 days Mon 9/23/24 Mon 9/30/24 36 Submission of 100% Construction Documents 1 day Tue 10/1/24 Tue 10/1/24 37 Phase V: Plan Check / Permitting 44 days Tue 10/1/24 Fri 11/29/24 38 Building & Safety, 1st Submittal 1 day Tue 10/1/24 Tue 10/1/24 39 Building & Safety 1st Submittal Review Period 10 days Wed 10/2/24 Tue 10/15/24 40 Building & Safety 1st Submittal Comments 9 days Wed 10/16/24 Mon 10/28/24 41 Building & Safety, 2nd Submittal 1 day Tue 10/29/24 Tue 10/29/24 42 Building & Safety, 2nd Submittal Review Period 10 days Wed 10/30/24 Tue 11/12/24 43 Building & Safety, 2nd Submittal Comments 9 days Wed 11/13/24 Mon 11/25/24 44 City Council Meeting 3 days Tue 11/26/24 Thu 11/28/24 45 Permit Issuance 0 days Fri 11/29/24 Fri 11/29/24
46 Phase VI: Bidding 65 days Mon 12/2/24 Fri 2/28/25
47 Bid Assistance, Answer Bid RFIs, Preparation & Issue of Addenda 65 days Mon 12/2/24 Fri 2/28/25 48 Bid Award 0 days Fri 2/28/25 Fri 2/28/25
49 Phase VII: Construction 260 days Mon 3/3/25 Fri 2/27/26 50 Construction Period: Answer RFIs, Issue Field Instructions, attend Construction Meetings
240 days Mon 3/3/25 Fri 1/30/26
Interim DD Stakeholder Review
Design Development Presentation
Stakeholder Review Period
DD Cost Estimate
Submission of Design Development Package
Phase IV: Construction Documents
50% Drawings for Construction Development
NTP to 80% CDs
80% Drawings for Construction Documents
80% CD Cost Estimation
NTP to 100% CDs 9/9
100% Construction Documents
Internal QA/QC Review
Submission of 100% Construction Documents
Phase V: Plan Check / Permitting
Building & Safety, 1st Submittal
Building & Safety 1st Submittal Review Period
Building & Safety 1st Submittal Comments
Building & Safety, 2nd Submittal
Building & Safety, 2nd Submittal Review Period
Building & Safety, 2nd Submittal Comments
City Council Meeting
Permit Issuance 11/29
Phase VI: Bidding
Bid Assistance, Answer Bid RFIs, Preparation & Issue of Addenda Construction
5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 1 8 May '24 Jun '24 Jul '24 Aug '24 Sep '24 Oct '24 Nov '24 2024
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Progress
Deadline
1 /6
Resolution No. 2024-06
Exhibit "A"

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Item7.
35Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
E. Schedule of Services
ID Task Name Duration Start
1 Phase II: Schematic Design 43 days Thu 2/29/24
2 Schematic Plans, Elevations and Sections 26 days Fri 3/1/24 3 Interim SD Stakeholder Review 1 day Mon 4/8/24
4 Schematic Design Renderings / Presentation 10 days Tue 4/9/24 5 Stakeholder Review Period 5 days Tue 4/23/24
6 SD (ROM) Cost Estimate 5 days Tue 4/23/24
7 Submission of Schematic Design Package 1 day Tue 4/30/24 8 Phase III: Design Development 43 days Wed 5/1/24
9 Design Development & Details 30 days Wed 5/1/24
10 Interim DD Stakeholder Review 1 day Wed 6/12/24
11 Design Development Presentation 6 days Thu 6/13/24
12 Stakeholder Review Period 5 days Fri 6/21/24
13 DD Cost Estimate 10 days Fri 6/14/24
14 Submission of Design Development Package 2 days Mon 7/1/24 15 Phase IV: Construction Documents 66 days Mon 7/1/24
16 50% Drawings for Construction Development 25 days Mon 7/1/24 17 NTP to 80% CDs 1 day Mon 8/5/24
18 80% Drawings for Construction Documents 25 days Mon 8/5/24 19 80% CD Cost Estimation 10 days Mon 8/26/24
20 NTP to 100% CDs 0 days Mon 9/9/24
21 100% Construction Documents 10 days Mon 9/9/24
22 Internal QA/QC Review 6 days Mon 9/23/24
23 Submission of 100% Construction Documents 1 day Tue 10/1/24 24 Phase V: Plan Check / Permitting 44 days Tue 10/1/24 25 Building & Safety, 1st Submittal 1 day Tue 10/1/24
26 Building & Safety 1st Submittal Review Period 10 days Wed 10/2/24 27 Building & Safety 1st Submittal Comments 9 days Wed 10/16/24 28 Building & Safety, 2nd Submittal 1 day Tue 10/29/24
29 Building & Safety, 2nd Submittal Review Period 10 days Wed 10/30/24 30 Building & Safety, 2nd Submittal Comments 9 days Wed 11/13/24 31 City Council Meeting 3 days Tue 11/26/24
32 Permit Issuance 0 days Fri 11/29/24
33 Phase VI: Bidding 65 days Mon 12/2/24
34 Bid Assistance, Answer Bid RFIs, Preparation & Issue of Addenda 65 days Mon 12/2/24 35 Bid Award 0 days Fri 2/28/25
36 Phase VII: Construction 260 days Mon 3/3/25
37 Construction Period 240 days Mon 3/3/25
38 Punch Walk, Closeout Submittal, and As-built Drawing Preparation 20 days Mon 2/2/26 39 Submittal of As-built Drawings 0 days Fri 2/27/26
Bid Award 2/28
Phase VII: Construction
Construction Period
Punch Walk, Closeout Submittal, and As-built Drawing Preparation Submittal of As-built Drawings 2/2 7
12 19 26 2 9 16 23 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 an '25 Feb '25 Mar '25 Apr '25 May '25 Jun '25 Jul '25 Aug '25 Sep '25 Oct '25 Nov '25 Dec '25 Jan '26 Feb '26 2025
Resolution No. 2024-06
Exhibit "A"

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176
Item7.
36 Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
IDS' fee proposal for the City of Escondido Library Project can be found as the second email a Ʃ achment sent to Ms. Laura McLin labeled IDS Group - Fee Proposal.

F. Fee
Resolution No. 2024-06
Exhibit "A"

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Item7.
37 Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
Subconsultant Teaming Partners
Veneklasen Associates (Information Technology / Audio-Visual / Acoustics - optional) Established in 1947, Veneklasen Associates is the oldest and one of the largest acousƟ cal consulƟ ng ﬁ rms in the United States. Throughout our history, Veneklasen Associates has built a na Ɵ onal and interna Ɵ onal reputaƟ on based on competence, performance, quality, Ɵ mely response and prac Ɵ cal and cost-eﬀ ecƟ ve soluƟ on. We execute our work uƟ lizing innova Ɵ ve science, experience and in-house funded research. Our work is customized for each speciﬁ c project and client’s needs.

Our services encompass architectural acous Ɵ cs, environmental noise and vibra Ɵ on miƟ gaƟ on, comprehensive low voltage consulta Ɵ on and design for audio-visual (AV), informaƟ on technology (IT) and security systems including the development of contract documents and formaƩ ed speciﬁ caƟ ons. Hiring Veneklasen Associates to provide both acousƟ cal and low-voltage consulta Ɵ on and design provides improved coordina Ɵ on, a single responsibility for “sound” and “convergence” – the harmony that integrated digital systems accomplish at reduced cost.

Sound quality and noise mi Ɵ gaƟ on in the built environment is a signi ﬁ cant design element. Our goal is to op Ɵ mize the acousƟ cs according to building science, aesthe Ɵ cs and cost. By uƟ lizing a proac Ɵ ve, collaboraƟ ve design approach we are able to address the acous Ɵ cal e ﬀ ect of the building systems and develop recommenda Ɵ ons and performance criteria with the design team and project consultants.

Group Delta (Geotechnical Engineering)
Established in 1986, Group Delta Consultants, Inc. has been providing a broad range of services to meet their clients’ diverse needs. Group Delta currently has eight o ﬃ ces and two cerƟ ﬁ ed laboratories located in Ontario, Torrance, Anaheim, Irvine, Oakland, Vacaville, Victorville and San Diego. Employing a sta ﬀ of 110, their environmental engineering and geotechnical engineering team consists of highly skilled environmental engineers, scien Ɵ sts, industrial hygienists, geotechnical engineers, geologists, technicians, and support personnel specialized in their respecƟ ve ﬁ elds.

Group Delta strives to provide excep Ɵ onal, value-added services while ensuring their projects are completed on schedule and within budget for their clients. The high level of involvement from their principals and senior management, and their commitment to developing innovaƟ ve cost saving solu Ɵ ons has resulted in repeat business and strong client rela Ɵ ons. Group Delta has received numerous awards and recommenda Ɵ ons from well-known organizaƟ ons in the public and private sectors highlighƟ ng the unique beneﬁ ts of our approach and methodologies.

G. Subconsultants
Resolution No. 2024-06
Exhibit "A"

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Item7.
38 Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
Subconsultant Teaming Partners (cont.)
Guida Surveying, Inc. (Land Surveying)
Guida Surveying, Inc. (Guida) is a woman-owned land surveying and mapping ﬁ rm that provides project-based and on-call services throughout California. Since 1995, Guida’s team of professional land surveyors, ﬁ eld crews, and oﬃ ce personnel have signiﬁ cantly contributed to this region’s infrastructure growth. The ﬁ rm oﬀ ers a depth of staﬃ ng resources which can provide ﬂ exibility to accommodate working oﬀ hours, variable days, and locaƟ ons, if needed.

SCDS Consulting Design (ADA Compliance)
SCDS provides CASp inspecƟ on and accessibility services related to ADA compliance.

National Security Systems (Fire Alarm-Fire Sprinklers)
Since 1989, Na Ɵ onal Security Systems has provided worldwide installa Ɵ on and service of security alarms, ﬁ re alarms, access control systems, and security cameras.

NaƟ onal Security Systems has the right solu Ɵ on tailored to clients' speci ﬁ c needs.

They understand how vital ﬁ re life safety systems are for buildings with over thirty years of protecƟ ng lives and property, installa Ɵ ons installed worldwide, and uncompromising commitment to customer service.

Resolution No. 2024-06
Exhibit "A"

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Item7.
39 Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
H. Additional Information
The IDS project team presented in this proposal have local HVAC equipment and controls upgrades experience for communiƟ es across Southern California. Here are examples of the team's experience.

City of Anaheim West Tower HVAC RehabilitaƟ on & Replacement, Anaheim, CA Client: City of Anaheim
Project Date: November 2020 - on-going
Key
Project
Elements
 Facility Equipment
Assessment
 Feasibility Study
 Mechanical
Engineering
 HVAC Upgrades and Replacement
 Plumbing Engineering
 Structural Engineering
 ConstrucƟ on Documents
IDS provided engineering and design services for the HVAC systems at the Anaheim West Tower (AWT), a LEED Gold certified, 11-story, 221,963 sf building in the City of Anaheim (City). The city required sustainable and cost-effective design elements. IDS performed the initial assessment of existing conditions, referenced documents provided by the City and developed concepts for the HVAC rehabilitation based on a prioritized list which included the following: Priority 1 - Replacement of Cooling Tower and adding a new unit, Priority 2 - Overhaul the existing chiller or provide replacement along with associated engineering design work, and Priority 3 - A/C units in the city's data center.

Contact InformaƟ on: Kal Lambaz, ConstrucƟ
on Contracts Administrator
Phone: (714) 765-6935 | Email: [email protected]
Department of General Services, Junipero Serra State Oﬃ ce Building Chiller and Cooling Tower Replacement, Los Angeles, CA
Client: Department of General Services
Project Date: 2020 - on-going
Key
Project
Elements
 Historic Building
 Site Assessment
 SchemaƟ c Design Controls
 Mechanical Engineering Design
 HVAC
 Plumbing Engineering
 Electrical and Structural Engineering; Architecture
 ConstrucƟ on Documents
 ConstrucƟ on AdministraƟ on
IDS is working with the State of California Department of General Services on the Junipero Serra State O ﬃ ce Building project. This historic Downtown Los Angeles landmark was originally designed in 1912 and built in 1914. The IDS Mechanical Engineering team completed design services, construc Ɵ on documents, and construcƟ on administraƟ on services to replace the chillers, boilers, three Bal Ɵ more Air Coil Cooling Towers, and all supporƟ ng componentsp performed in two phases:

Phase 1 - R
eplacement of Cooling Tower CT-1 and Chiller CH-1: Chiller manufacturer technicians will disassemble and reassemble the new chiller to meet verƟ cal height restricƟ ons in the chiller room. There was an addiƟ on of a centrifugal separator WF-1 for cooling tower CT-1 basin cleaning.

Phase 2 - Replacement of Cooling Towers CT-2, CT-3, and Chillers CH-2, CH-3: Chiller manufacturer technicians disassembled and reassembled the new chiller to meet ver Ɵ cal height restricƟ ons in the chiller room. IDS connected the cooling tower CT-2 to WF-1 for basin cleaning and removed exisƟ ng sand ﬁ lter. It was replaced with a centrifugal separator for cooling tower CT-3 basin cleaning. The scope of work also included the removal and replacement of the exisƟ ng Chilled Water Pump CHWP-3 and Condenser Water Pump CWP-3.

Contact InformaƟ on: Mark Nelson, Project Manager, Kitchell CEM | Phone: (909) 724-4119 Resolution No. 2024-06
Exhibit "A"

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Item7.
1 Peters Canyon Road, Suite 130 | Irvine, California 92606 | T: (949) 387-8500 | www.idsgi.com Resolution No. 2024-06
Exhibit "A"

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Item7.

Design Services for City of Escondido Library
Critical Infrastructure & Modernization Project
Fee
Discipline Conceptual
Design
Schematic
Design
Design
Development
Construction
Documents
Regulatory
Permitting Bid Support Construction
Administration TOTAL

1. Architectural Design (1) 27,488$ 60,278 $ 50,231 $ 103,811 $ 10,046 $ 10,046 $ 66,975 $ 328,875 $

2. Civil and Landscape Design 2,494 4,988 7,481 19,950 2,494 2,494 9,975 49,875 $

3. Structural Engineering 2,850 5,700 8,550 22,800 2,850 2,850 11,400 57,000$

4. Mechanical Engineering (2) 4,631 9,263 13,894 37,050 4,631 4,631 18,525 92,625$

5. Plumbing Engineering 1,781 3,563 5,344 14,250 1,781 1,781 7,125 35,625$

6. Electrical Engineering (3) 4,275 8,550 12,825 34,200 4,275 4,275 17,100 85,500$

7. Low Voltage 1,425 1,425$ 7,125$ 1,425$ 2,850$ 14,250$

8. Audio Visual Design 713 713$ 3,563$ 713$ 1,425$ 7,125$

9. Security Systems (BOD for D/B) 713 713$ 3,563$ 713$ 1,425$ 7,125$

10. Fire Alarm (BOD for D/B) 713 713$ 3,563$ 713$ 1,425$ 7,125$

11. FF and E Design and Procurement 2,138$ 6,413$ 3,206$ 1,069$ 8,550$ 21,375$

12. Topographic Survey 20,000$ 20,000$

13. Haz-Mat Survey (included) (6) 6,000$ 6,000$

14. Water/Sewer Line Camera Insp. 2,000$ 2,000$ Subtotals 71,519$ 95,903 $ 104,025 $ 256,286 $ 29,284 $ 30,709 $ 146,775 $ 734,500 $ Misc.inc.mileage $12,500
Subtotals $12,500
747,000.00$
Notes

1.ArchitecturalincludesSignageandGraphics,CodesandAccessibliityCompliance,WaterproofingandInteriorDesign.

2.MechanicalincludesBuildingManagementSystem(BMS)asBODforD/BandTitle24/CalGreenCommissioning.

3.Electricalincludeslightingdesign,BMS,andTitle24/CalGREENCommissioning.

4.ScopeincludescoordinationwiththeCityandCityConstructionManageraswellasutilitiescoordinationifrequried.

5.ConstructionPhase12monthswithweeklyonsiteOACmeetings.

6.HazͲMatSurveyforLeadandAsbestosmaterialsincludedasadeductivealternate.

ARCHITECTURE AND ENGINEERING SERVICES

REIMBURSABLE EXPENSES
TOTALPROPOSEDFIRMFIXEDPRICE
Resolution No. 2024-06
Exhibit "A"

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Item7.

EXHIBIT 2
Resolution No. 2024-06
Exhibit "A"

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183
Item7.

Building Forward Library Infrastructure Grant Program
BF-1-21-019

Page 2 ends

• A resolution from the grantee organization's governing body approving acceptance of grant funds and designating an Authorized Representative allowed to enter into agreements on behalf of the organization
• If applicable: A letter from the grantee organization 's Chief Financial Officer, Finance Director, or equivalent confirming availability of matching funds (Required for all grantees contributing local match funds.) • If applicable: A current facility lease with a term extending at least ten years after the end of the grant period. (Required for all projects involving leased buildings.) The City of Escondido will receive $5,000,000 of the award following the submission and approval of all required documents . The remaining funds will be made available following the grantee's completion of the requirements outlined in the Grant Agreement and Certification of Compliance document included in the Award Packet, and in accordance with the payment schedule.

Please complete and submit all supporting documents within 30 days of receipt of this letter. Contact your grant monitor if you are not able to provide all documentation by that time.

The State Library grant monitor for this project is Kevin Webb. Your grant monitor can be reached by email at [email protected] or phone at (916) 603-6707. Your grant monitor will be available to assist you throughout your grant period.

Hard copies of this correspondence will not follow. Please keep the entirety of this correspondence for your files and consider these award materials as your original documents.

Best wishe4 for a succ sful project.

Resper t yours,
~
G re![L""ueas
Calif\je Librarian
Library - Courts Building
P O Box 942837
Sacramento , CA 94237-0001
916-323-9759
[email protected]
www.library.ca.gov
DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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184
Item7.

Building Forward Library Infrastructure Grant Program
BF-1-21-019

Page 3 ends

Enclosures: Grant Agreement (for reference only)
Final Project Budget Form and List of Unallowable Costs Final Project Implementation Plan Form
Sample Authorizing Resolution
CC: Kevin Webb
Annly Roman
Reed Strege
State Library Fiscal Office
Library - Courts Building
P O Box 942837
Sacramento . CA 94237-0001
916-323-97 59
csl-adm@library .ca.gov
www .library.ca .gov
DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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Item7.

THE BASICS - YOUR GRANT AWARD
The following provides all the basic information about your grant and managing your grant.

Grant#: BF-1-21-019
On::ianization: City of Escondido
Library: ESCONDIDO PUBLIC LIBRARY - Escondido Public Library Project Title: Escondido Public Library Critical Infrastructure and Modernization Project
Grant Award Amount: $10,000,000
Local Match Amount: $0
Total Project Budr:iet: $10,000,000
Grant Period Start Date: Upon execution of Grant Aqreement Grant Period End Date: No later than March 2026
Approved Uses (Outputs): Replace Roof
Replace HVAC System
Replace Windows
ADA Restroom Upgrade
Interior Renovation for Service Improvement
Please understand that it can take from six to eight weeks after a completed claim form with no errors has been received before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.

REPORTING
The City of Escondido is required to provide financial and narrative reports throughout the grant period as outlined in the Grant Agreement and Certificate of Compliance. A final financial and narrative report will be due within 30 days after the project is complete. Grantees will also be required to provide updates throughout the grant period upon request. Progress documentation (e.g. photos or video of grant-funded work) will be required with each report. Reports should be submitted to your grant monitor.

PAYMENTS
Grant payments will be made based on the payment schedule specified in the Grant Agreement.

Ten percent (10%) of the full grant award will be withheld until the end of the project period. It is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant terms and conditions. Note: This 10% is separate from the project contingency (if one was included in the budget).

GRANT MONITOR CONTACT
We want your project to be successful. Please work with your grant monitor throughout implementation of your project.

Grant Monitor: Kevin Webb
Email Address: [email protected]
Phone Number: (916) 603-6707
DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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Item7.

STATE FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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187
Item7.

City of Escondido
Escondido Public Library
2021-2022 BF-1-21-019

Page 1 ends

TABLE OF CONTENTS
PROJECT SUMMARY 2

PROCEDURES AND REQUIREMENTS
A. Term of the Agreement 3
B. Scope of Work 3
C. Budget Detail 3
D. Narrative and Financial Reports 4
E. Claim Form and Payment 5
EXHIBIT A: TERMS AND CONDITIONS 7
EXHIBIT B: ADDITIONAL TERMS AND CONDITIONS 22
EXHIBIT C: CERTIFICATION AND COMPLIANCE FORM 28
A. Certification 32
EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES 34

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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188
Item7.

City of Escondido
Escondido Public Library
2021-2022 BF-1-21-019

Page 2 ends

PROJECT SUMMARY
Award Agreement between the California State Library and City of Escondido for the ESCONDIDO PUBLIC LIBRARY - Escondido Public Library project.

AWARD AGREEMENT NUMBER BF-1-21-019
This Award Agreement (“Agreement”) is entered into on the date of execution of the agreement by and between the California State Library (“State Library”) and City of Escondido (“Grantee”).

This Award Agreement pertains to Grantee’s State-funded project at the ESCONDIDO PUBLIC LIBRARY - Escondido Public Library.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $10,000,000 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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189
Item7.

City of Escondido
Escondido Public Library
2021-2022 BF-1-21-019

Page 3 ends

PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until March 31, 2026. If completion of the project occurs prior to the end of the grant period this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on March 31, 2026, and all grant project costs must be incurred by this date.

B. Scope of Work

1. Grantee agrees to perform all activities specifically identified in the Grantee’s submitted application and award packet.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the activities specified in the Grantee’s award packet documentation. The Grantee shall request the distribution of grant funding consistent with the approved project budget incorporated herein, and according to the payment schedule DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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190
Item7.

City of Escondido
Escondido Public Library
2021-2022 BF-1-21-019

Page 4 ends

specified in this Agreement. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

D. Reports

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the State Library, using the sample report documents provided by the State Library. Visual documentation (e.g. still or video photography) will be required as part of each Narrative Report.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
Project start date
– March 2023
Financial Reports Due May 1, 2023
April 2023 -June
2023
Financial Reports, Expenditure Detail, and
Narrative Reports Due
July 31, 2023
July 2023 –
September 2023
Financial Reports Due October 31, 2023
October 2023-
December 2023
Financial Reports, Expenditure Detail, and
Narrative Reports Due
January 31, 2024
January 2024-
March 2024
Financial Reports Due April 30, 2024
April 2024 -June
2024
Financial Reports, Expenditure Detail, and
Narrative Reports Due
July 31, 2024
July 2024–
September 2024
Financial Reports Due October 31, 2024
DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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191
Item7.

City of Escondido
Escondido Public Library
2021-2022 BF-1-21-019

Page 5 ends

October 2024-
December 2024
Financial Reports, Expenditure Detail, and
Narrative Reports Due
January 31, 2025
January 2025-
March 2025
Financial Reports Due April 30, 2025
April 2025 -June
2025
Financial Reports, Expenditure Detail, and
Narrative Reports Due
July 31, 2025
July 2025–
September 2025
Financial Reports Due October 31, 2025
October 2025-
December 2025
Financial Reports, Expenditure Detail, and
Narrative Reports Due
January 30, 2026
January 2026-
March 2026
Final Financial, Narrative, and Expenditure
Reports Due
April 30, 2026

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

E. Claim Form and Payment

1. The State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outlined in this document have been met, and only for those activities and costs specified in the approved award packet documentation.

2. The Grantee shall complete, sign, and submit the Certification of Compliance form (Exhibit C) and the Financial Claim form (included in your award packet), to the State Library within 30 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to the Grantee organization, please contact the grant monitor regarding alternate options.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the State Library.

5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.

6. The Final Payment of 10% will be withheld and retained by the State Library (if applicable) until all conditions agreed upon in this Agreement have been satisfied.

7. Prompt Payment Clause
The State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq. The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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EXHIBIT A: TERMS and CONDITIONS

1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally, all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project materials are not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the State Library shall be acknowledged in all promotional materials and publications related to the ESCONDIDO PUBLIC LIBRARY - Escondido Public Library Project. a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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“Funding provided by the State of California.”
This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. c. California State Library Logo: Use of the State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
d. Project Photography: Photographs and videos are a great way to document your project. If obtaining still or video photography featuring members of the public, Grantees should obtain a photo release form. Grantees may use their organization’s image release form, or contact the State Library grant monitor for a sample image release form.

3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified, or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable Law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Grantee and the State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant monitor or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

City of Escondido
Joanna Axelrod
201 N. Broadway
Escondido, CA 92025
[email protected]
(760) 839-4871

California State Library
Kevin Webb
900 N Street
Sacramento, CA 95814]
[email protected]
(916) 603-6707

1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

2. Contractor and Subcontractors: Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns, and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases, or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the State Library pursuant to this section. Also, the State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a State Library website for public access and viewing.

4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance and approval of the final report by State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt of the Notice of Dispute, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the project funded through this Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

9. Exclusive Agreement: This is the entire Agreement between the State Library and Grantee.

10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.

12. Failure to Perform: The grant being utilized by the Grantee is to benefit the ESCONDIDO PUBLIC LIBRARY - Escondido Public Library Project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withheld.

13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

14. Force Majeure: Neither the State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the State Library any funds improperly expended.

16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.

The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A and B) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

19. Grantee: The government or legal entity to which a grant is awarded and which is accountable to the State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application, and award agreement and accompanying documentation submitted. The grantee will keep such records and afford such access as the State Library may find necessary to assure the correctness and verification of such reports.

20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant project. In the event an audit should determine that grant funds are owed to the State Library, the Grantee is responsible for repayment of the funds to the State Library.

21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.

24. License to Use: The State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third-party rights. All such usages will be for public library and State governmental purposes:

a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

25. Limitation of Expenditure: Expenditure for all projects must conform to the Grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the State Library to the Grantee under this Agreement shall not exceed $10,000,000 and shall be expended/encumbered in the designated award period.

During the award period, the Grantee may find that the approved budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the State Library to implement such article.

Grantee shall permit access by representatives of the Department of Civil Rights and the State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (Email): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the State Library Grants Management System, a notification will be sent to the last email address of the recipient known to the party giving notice. Notice is effective upon transmission.
d. Personally: When delivered personally to the Grantee’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to Grantee’s address as stated in this Agreement.

29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Implementation Plan, and Budget, DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).

Grantee’s State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s approved outputs from the submitted application (including Budget and Implementation plan submitted as part of the required award documents)
g. All other attachments hereto, including any that are incorporated by reference.

30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Implementation Plan submitted as part of the required award documents. The State Library shall provide funding to the Grantee for only the work and tasks specified in the list of approved outputs at only those costs specified in the Budget submitted as part of the required award documents and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Implementation Plan in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Implementation Plan, approved project outputs, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs.
c. The Grantee shall request funds in accordance with the funding schedule included in this Agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
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e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the Grantee receives a Notice to Proceed as described in the Procedures and Requirements.

31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.

33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

34. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.

35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the State Library.

36. Public Records Act: Material maintained or used by the State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.

Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.

39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other State Library funded program.

41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The Grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The Grantee shall be responsible for submitting to the State Library Financial Reports reflecting Grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder, the Grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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mentioned dates for payment, and the State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. d. The final 10% of the grant award (if applicable) is payable only upon approval of all reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the Grantee for the project in the following manner:
1)
$5,000,000 upon the receipt and approval, by the State Library, of the submission of all required documents as stated in the award letter; execution of the agreement, certification, and claim form by the Grantee organization.
2) The second payment in the amount of $4,000,000 after the submission and approval of the January 31, 2024 report and receipt, by the State Library, of a completed claim form unless:
i. The grantee needs the funding prior to the January date in order for the project to progress. To obtain funding prior to January 31, 2024, the grantee must provide documentation to the grant monitor demonstrating effectively either (a) that the first award payment has been spent, or (b) why the second installment is needed in advance of the scheduled payment. ii. The grantee’s January 31, 2024, financial report demonstrates that they have not spent any of their initial payment. The second payment will be held until the Grantee demonstrates effectively that their project is moving forward and additional funding is needed.
3) A final payment in the amount of
$1,000,000 will be made upon
submission and approval of the final interim grant report and financial claim form.

42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

44. Site Visits: The Grantee shall allow the State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, providing technical assistance when needed, and visiting the State funded project.

45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this Agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the Budget and the implementation plan included therein are part of the Agreement.

47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.

Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.

48. Waiver of Rights: The State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by State Library. No delay or omission on the part of State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by State DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
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Library of a provision of this Agreement shall not prejudice or constitute a waiver of State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between the State Library and Grantee, shall constitute a waiver of any of State Library’s rights or of any of Grantee’s obligations as to any future transactions. Whenever the consent of State Library is required under this Agreement, the granting of such consent by State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of the State Library.

49. Work Products: Grantee shall provide the State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.

The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
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EXHIBIT B: ADDITIONAL TERMS AND CONDITIONS

1. California Building Codes: Activities funded under this Agreement, regardless of funding source, must be in compliance with all applicable California Building Codes (Cal Code Regs., Title 24).

2. California Environmental Quality Act: Activities funded under this Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et seq.).

Information on CEQA may be found in the California State Clearinghouse Handbook.

3. Changes in a project: Any proposed change in the project requested by the Grantee, which would change the information provided during the application process, requires approval from the State Librarian prior to execution. The State Librarian shall have the sole authority to determine if a proposed change by the Grantee is approved or not approved. The State Librarian's decision is final and binding.

4. Compliance with Laws; Consents and Approvals: Grantee will comply with all applicable laws, ordinances, rules and regulations of federal, state and local governments and agencies having jurisdiction over either the Grantee, the Property, or the project, and with all applicable directions, rules and regulations of the Fire Marshal, health officer, building inspector and other officers of any such government or agency. All permits, consents, permissions and licenses required by any federal, state or local government or agency to which Recipient, the Property, or the Infrastructure Project is subject, which may be necessary in relation to this Agreement, development, construction or ownership of the Infrastructure Project, at or prior to the commencement of construction, have been, or will be, obtained, and none of such consents, permissions and licenses are subject to appeal or to conditions which have not been met.

5. Contractors and Subcontractor: For the performance of all construction work on the Project, Grantee agrees to use a licensed general contractor or contractors (“Contractor”), in good standing, in order to complete the work described in the grant application. The Grantee hereby certifies that the Contractor is in good standing with the California State Contractors' License Board. The Grantee shall only DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
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contract with contractors who are licensed and shall ensure that the Contractor and any successor thereto shall only contract with subcontractors, that are also so licensed.

6. Contractor Insurance/Bond: Grantees shall be responsible for ensuring that any contractors/subcontractors hired for grant-funded work have all relevant bonds and insurance in place in compliance with prevailing wage and other applicable state and federal laws, the Department of Industrial Relations, and the Department of Consumer Affairs Contractors State License Board requirements.

Insurance:
a. Casualty Insurance
i. The Contractor shall procure and maintain insurance on all of its operations with companies acceptable to the State as follows:
1) The Contractor shall keep all insurance in full force and effect from the beginning of the work through contract acceptance.
2) The Contractor shall maintain completed operations coverage with a carrier acceptable to the State through the expiration of the patent deficiency in construction statute of repose set forth in Code of Civil Procedure Section 337.1.
b. Workers’ Compensation and Employer’s Liability Insurance i. In accordance with Labor Code Section 1860, the Contractor shall secure the payment of worker's compensation in accordance with Labor Code Section 3700.
ii. In accordance with Labor Code Section 1861, the Contractor shall submit to the Grantee the following certification before performing the work:
1) I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. iii. Contract execution constitutes certification submittal. iv. The Contractor shall provide Employer's Liability Insurance in amounts not less than:
1) $1,000,000 for each accident for bodily injury by accident 2) $1,000,000 policy limit for bodily injury by disease 3) $1,000,000 for each employee for bodily injury by disease v. If there is an exposure of injury to the Contractor's employees under the U.S.

Longshoremen's and Harbor Workers' Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
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c. General Liability Insurance
i. The Contractor shall carry General Liability and Umbrella or Excess Liability Insurance covering all operations by or on behalf of the Contractor providing insurance for bodily injury liability and property damage liability for the following limits and including coverage for:

A. Premises, operations, and mobile equipment
B. Products and completed operations
C. Broad form property damage (including completed operations) D. Explosion, collapse, and underground hazards
E. Personal injury
F. Contractual liability
ii. The Contractor shall not require certified Small Business subcontractors to carry Liability Insurance that exceeds the limits in Section (d)(i), "Liability Limits/Additional Insureds," of these specifications. The maximum required Liability Insurance limits in Section (d)(i), "Liability Limits/Additional Insureds," of these specifications shall apply to certified Small Business subcontractors for work performed on the project, regardless of tier. The provisions of Section (d)(i), "Liability Limits/Additional Insureds," shall be included in all subcontracts for all tiers.

Public works construction projects, as defined in Labor Code Section 1720 et seq, must meet prevailing wage requirements. California law requires that workers are not paid less than the general prevailing rate of per diem wages on public works projects.
d. LIABILITY LIMITS/ADDITIONAL INSUREDS
i. The limits of liability shall be at least the amounts shown in the following table:

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
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Construction
Contract
Amount 4
For Each
Occurrence1
Aggregate for
Products/
Completed
Operation
General
Aggregate2
Umbrella or
Excess
Liability3
≤$1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000 >$1,000,000
≤$15,000,000

$1,000,000

$2,000,000

$2,000;000

$10,000,000
>$15,000,000
≤$25,000,000

$2,000,000

$4,000,000

$15,000,000
>$25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000

1. Combined single limit for bodily injury and property damage.

2. This limit shall apply separately to the Contractor's work under this contract.

3. The umbrella or excess policy shall contain a clause stating that it takes effect (drops down) in the event the primary limits are impaired or exhausted. "Construction Contract Amount" is the total amount of the construction contract all or a portion of which is funded with Building Forward Grant funds.

7. Delay: Grantee shall promptly notify the State Library in writing of any event causing delay or interruption of the project beyond the scheduled implementation plan timeline. The notice shall specify the work delayed and the cause and period of each delay.

8. Documentation: Grantees shall provide to the State Library photographic documentation of the project site prior to the start of the project, during the project, and upon completion of the project.

9. Grantee’s Responsibility: Grantee and its representatives shall:
a. Faithfully and expeditiously perform or cause to be performed all project work as described in the application, timeline/activities, and budget submitted by the Grantee.
b. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in relation to the grant funds.
c. Comply with all applicable California laws and regulations. d. Implement the project in accordance with applicable provisions of the law. e. Fulfill their obligations under the Agreement and be responsible for the performance and completion of the project.
f. Follow all applicable local, state and/or federal laws pertaining to the expenditure of funds.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
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g. Retain any bid, contracts, and any other pertinent documentation. Likewise, all local, state, and federal permits required for construction projects must be acquired by the grantee and retained for a period of five (5) years after the end of the grant period.

10. Inspection of the Project: The State Library shall have the right to inspect the project during the grant term. Grantee shall deliver to the State Library any inspection reports prepared, to the extent available to the Grantee. Inspection of the project shall be for the sole purpose of protecting the State of California’s interest and is not to be construed as a representation by the State Library that there has been compliance with plans or that the project will be free of faulty materials or workmanship. The Grantee can make or cause to be made such other independent inspections as the Grantee may desire for its own protection.

11. Interest: Any interest earned on grant funds held by the Grantee shall be contributed to the ESCONDIDO PUBLIC LIBRARY - Escondido Public Library Project.

Interest funds cannot be used as local matching funds.

12. Maintenance and Operation: The Grantee is responsible for ensuring that grant projects funded by the State of California are maintained and operated in the same condition as when the project was completed; normal wear and tear is accepted.

Maintenance and operations standards should be adopted upon completion of the project.

13. Matching Funds: Per the Budget Act of 2021 (Chapter 69, Statutes of 2021, Item 6120-161-0001 1d) Grantees shall be required to match state funds on a dollar-for- dollar basis. The State Library may reduce the amount of required matching funds if the requesting local library jurisdiction can demonstrate that it is eligible and financially unable to provide the required matching funds. Upon receipt and assessment of a reduction request, the State Library may lower the match requirement, as follows:
a. For each library with local operating include per capita (LIPC) of more than $40, no reduction in local match is allowed
b. For reach library with an LIPC between $40 and $15.01, the local match may be reduced by half.
c. For each library with an LIPC of $15 of less, the local match may be eliminated.

14. Permits, Licenses, Approvals, and Legal Obligations: Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project(s). Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental, procurement, and safety laws, rules, regulations, DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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and ordinances. Grantee shall be prepared to provide copies of permits and approvals to the State Library should the State Library request copies.

15. Relationship of Parties: If applicable, Grantee is solely responsible for design, construction, and operation and maintenance of projects within the project application and implementation plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Grant Agreement.

16. Use of Funds: Grantee agrees that the grant funds shall be expended only in accordance with the applicable statutes and Grant Guidelines governing the Program, and only for the purposes and activities set forth in this Agreement and the Grantee’s approved outputs, budget, and implementation plan completed as part of the award packet documentation. The grant funds shall be used exclusively for the payment of, or reimbursement for, approved costs as shown in the project budget completed as part of the award packet documentation or the amended budget as approved in writing by the State Library. Such payment of costs to be made only after the costs have been incurred by the Grantee. “Approved Costs” shall mean all hard and soft eligible costs under the project (and modifications thereto), which were approved, or will be approved by the State Library, which are needed for the completion of the project, in accordance with application.

17. Use of site: The facility, or the part thereof, acquired, constructed, or remodeled, upgraded, or rehabilitated with funds received as part of the Building Forward grant program will be dedicated to public library service and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period.

18. Withdrawal of a Project: If it is determined by the grant recipient that a project cannot be completed within the scope of the approved application, the project may be withdrawn by the Grantee prior to the completion of fifty percent of the project. Upon withdrawal of a project, all unspent funding must be returned to the State Library along with a completed detailed expenditure form showing how any unreturned funds were spent.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
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EXHIBIT C: CERTIFICATION OF COMPLIANCE FORM

1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to implement this grant-funded project.

I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.

I certify that any or all other participants or contractors in the grant-funded project have agreed to the terms of the Award Agreement and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this project from the funds awarded for the activities and services described in the attached award packet, as approved and/or as amended by the California State Librarian.

I certify that I have reviewed and understand the list of unallowable costs and that my project does not contain any of the unallowable costs listed.

The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this project, to include the requirements listed below in this Certification of Compliance Form.

2. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $10,000,000. This award will fund library facility improvements as set forth in the list of approved outcomes, Implementation Plan and Budget as approved and/or as amended by the California State Librarian.

3. The authorized representative, on behalf of the Grantee, hereby certifies that City of Escondido will provide a cash match in the amount of $0. The matching funds (if applicable) will be expended during the grant period at the same rate as the state- provided grant funds.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
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4. The authorized representative, on behalf of the Grantee, hereby certifies that the project property, or a part thereof, will be dedicated to public library services and used as a public library according to the Education Code, sections 18010 through 20092 and California Code of Regulations, Title 5, Division 2 and provide at least the following: an organized collection of printed or other library materials, or a combination thereof; paid staff; and regularly scheduled hours for being open to the public for a period of not less than 10 years following completion of the grant period.

5. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).

6. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)

7. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § 10410):

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a. No o
fficer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e)).

8. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).

9. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)

10. RESOLUTION: A county, city, district, or other local public body must provide the State Library with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

11. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
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12. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government- wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707). b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug-free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.

13. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all project staff, will ensure all project materials will meet California accessibility standards.

14. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all project staff, agree to comply with all California non-discrimination laws.

15. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all project staff, agree to comply with California State Library acknowledgement requirements.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
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Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

GRANTEE AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Joanna Axelrod
[email protected] 760-839-4871
11/28/2022
City of Escondido
201 N. Broadway Escondido, CA 92025
Deputy City Manager
[email protected]
Joanna Axelrod
760-839-4871
Resolution No. 2024-06
Exhibit "A"

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Authorized Representative Signature

ORGANIZATION
Name: Address (official and complete):

AUTHROIZED REPRESENTATIVE
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:

Printed Name of Person Signing: Title: California State Librarian DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B 201 N. Broadway Escondido, CA 92025
Joanna Axelrod Deputy City Manager
City of Escondido
11/28/2022
Greg Lucas
3/9/2023
Resolution No. 2024-06
Exhibit "A"

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City of Escondido
Escondido Public Library
2021-2022 BF-1-21-019

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EXHIBIT D: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx

Mileage:

Rate subject to change
$0.585 per mile – approved business/travel expense
Meals:

Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.

Hotel:

Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.

Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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City of Escondido
Escondido Public Library
2021-2022 BF-1-21-019

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AIRLINE TICKETS:

Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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November 1, 2022

RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine

Dear Grantee,

You are receiving this notification because you currently have an active grant through the California State Library.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.

Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.

Annly Roman
Grants and Bureau Operations Manager
California State Library
900 N Street
Sacramento, CA 95814

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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Building Forward
Round 1
Grant Monitor Checklist

• Final Project Budget

• Final Project Implementation Plan

• Resolution from the grantee organization’s governing body approving acceptance of grant funds and designating an Authorized Representative allowed to enter into agreements on behalf of the organization

• Grant Agreement and Certification of Compliance

If required based on specific project

• A letter from the grantee organization’s Chief Financial Officer, Finance Director, or equivalent confirming availability of matching funds (Required for all grantees contributing local match funds.)

• A current facility lease with a term extending at least ten years after the end of the grant period. (Required for all projects involving leased buildings.)

All relevant documents received and approved by Kevin Webb.

_______________________________
Grant Monitor Signature

DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B Resolution No. 2024-06
Exhibit "A"

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CALIFORNIA STATE LIBRARY FINANCIAL CLAIM Infrastructure – Building Forward 1st PAYMENT

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

(Signature of the Authorized Representative)

(Print Name) (Title)

*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].

If you are not using DocuSign electronic signature to submit your claim, please complete the following:

EMAIL A SCANNED COPY:
[email protected]

MAIL ONE ORIGINAL SIGNATURE TO:

California State Library
Fiscal Office –State Funded Programs
PO Box 942837
Sacramento, CA 94237-0001

State of California, State Library Fiscal Office

ENY: 2021 ITEM NO: 6120-161-0001, Chapter 84, Statutes of 2021 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312

By Date
(State Library Representative)

Grant Award #: BF-1-21-019 Date:

Invoice #:

BF-1-21-019-01 PO #:

Payee Name: City of Escondido

(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:

Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $5,000,000.00 Type of Payment:

Payable Upon Execution of Agreement ☒ PROGRESS
Grantee Name: City of Escondido ☐ FINAL
(Name on Award Letter and Agreement) ☐ IN FULL
Project Title: Escondido Public Library ☐ AUGMENT
For Period From: upon execution to end of grant period
DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B 201 N. Broadway Escondido, CA 92025
11/28/2022
Deputy City ManagerJoanna Axelrod
3/9/2023
5346
Resolution No. 2024-06
Exhibit "A"

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State of California
Financial Information System for California (FI$Cal)

GOVERNMENT AGENCY TAXPAYER ID FORM
2000 Evergreen Street, Suite 215
Sacramento, CA 95815
www.fiscal.ca.gov
1-855-347-2250
The principal purpose of the information provided is to establish the unique identification of the government entity.

Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a different TIN must submit a separate form. Fields bordered in red are required. Hover over fields to view help information. Please print the form to sign prior to submittal. You may email the form to: [email protected], or fax it to (916) 576-5200, or mail it to the address above.

Principal
Government
Agency Name
Remit-To
Address (Street
or PO Box)
City
Government Type:

State Zip Code+4
County Federal
Employer
City
Special District Federal Identification
Other (Specify) Number
(FEIN)
List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the same FEIN and receives payment from the State of California.

Dept/Division/Unit Complete
Name Address
Dept/Division/Unit Complete
Name Address
Dept/Division/Unit Complete
Name Address
Dept/Division/Unit Complete
Name Address
Contact Person Title
Phone number E-mail address
Signature Date
DocuSign Envelope ID: D3802300-7719-4979-961D-888E7183C88B

Resolution No. 2024-06
Exhibit "A"

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STAFF REPORT

January 24, 2024
File Number 0685-10

SUBJECT

REPEAL OF ORDINANCES ESTABLISH ING AND IMPLEMENTING THE CITY’S SERVICES COMMUNITY FACILITIES DISTRICT 2020-1

DEPARTMENT

Development Services

RECOMMENDATION

Request the City Council introduce Ordinance No. 2024-02 rescinding and repealing previously enacted ordinances and resolutions as follows:

1. Resolution No. 2020-44 Formation of CFD 2020-1, authorizing formation of the Services CFD;

2. Ordinance No. 2020-10 authorizing Levy of Special Taxes for CFD 2020 -1, the Citywide Services Community Facilities District (“Services CFD”); and

3. Ordinance No. 2020-24 authorizing the establishment of funding mechanisms to offset financial impacts to the City of new residential development, including community facilities service districts.

4. Staff also recommend the City Council adopt Resolution No. 2024-12 authorizing the City Manager to execute a S ettlement Agreement with San Diego Building Industry Association of San Diego County (“BIASD”) to resolve litigation brought by the BIA SD challenging the Services CFD and related City enactments.

Staff Recommendation: Approval (Development Services: Christopher W. McKinney, Deputy City Manager / Director of Development Services)

Presenter: Christopher W. McKinney, Deputy City Manager / Director of Development Services

FISCAL ANALYSIS

Prior to the City Council’s adoption of Resolution No. 2023 -156 on December 15, 2023, which based upon a new Fiscal Impact Analysis set levies for all residential development categories to $0, the annual revenue from the Citywide Services CFD was approxima tely $443,000 from 556 parcels. However, setting the levies to $0 for this year leaves open the option for a future City Council to re -impose levies via the Services CFD. If (1) the City develops as projected by SANDAG; (2) all future residential development is included in the Services CFD; and (3) a levy similar to the one in place prior to December 13, 2023 is imposed by the City Council, then projected annual revenue would be approximately $4.6 227
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million. Enacting Ordinance 2024-02 will repeal the Services CFD and require reformation of a new CFD before any future levies could be imposed, resulting in no revenue from the Services CFD in the future.

The adoption of Ordinance No. 2024 -02 and Resolution No. 2024-12 will settle pending litigation with the BIASD which both resolves a challenge to the lawfulness of the CFD but also includes a provision for all parties to waive the recovery of litigation costs and attorney’s fees against the City.

PREVIOUS ACTION
On Ja nuary 15, 2020, the City Council adopt ed Resolution No. 2020 -02 directing staff to prepare documents necessary for the formation of a Citywide Community Facilities District (the Services CFD).

On April 8, 2020. the City Council adopted Resolution Nos. 2020-24 and 2020-25 declaring its intent to establish Community Facilities District (“CFD”) No. 2020-1, a Citywide CFD.

On May 13, 2020, the City Council adopted Resolution No. 2020 -44 (Attachment “4”) establishing Community Facilities District (“CFD”) No. 2020-1, a Citywide CFD. The City Council also considered, for the first time, Ordinance 2020-10 (Attachment “2”) authorizing levy of special taxes. This Ordinance was formally enacted at a subsequent City Council meeting.

On October 21, 2020, the City Council adopted Ordinance No. 2020-24 (Attachment “3”) which enacted Escondido Municipal Code § 6-457 (Other fees and exactions for public services) and § 6-434(g) which excluded such CFD fees and exactions from the City’s development fee procedures under Article 17.

On November 16, 2022, the City Council received an informational update concerning the Services CFD and directed staff to initiate another FIA of Future Development.

On August 9, 2023, the City Council adopted Resolution No. 202 3-82, setting the Special Tax Levy for Community Facilities District No. 2020-1 (“Public Services CFD”) for Fiscal Year 2023/24. Adoption of this resolution was the most recent setting of the Services CFD levies.

On December 13, 2023, the City Council adopted Resolution No. 2023-156 setting all levies on properties in the Services CFD No. 2020 -1 to $0. The City Council also directed staff to bring forward for consideration an ordinance to repeal the Services CFD.

BACKGROUND
In November 2022, the City Council, based on public comments and an internal review of priorities and opportunities, directed staff to initiate another study of the fiscal impacts of development. Specifically, the City Council expressed concern about the reality of the future buildout projection used in the analysis, the negative impact on development that CFD levies might have, and the areas of the future General Fund budgets that would be funded (i.e., all the General Fund or the Public Safety departments 228
Item8.

only). The Staff Report prepared for the City Council on December 13, 2023 that details the new Fiscal Impact study is attached to this report for reference as Attachment “1”.

The resulting Report for Fiscal Impact Analysis of Future Development (“FIA”) was further analyzed by staff with options for only funding Public Safety Departments with Services CFD revenues. This analysis produced eight options described in the attached Staff Report from December 13, 2023. City staff recommended, and the City Council unanimously chose, the option that would set all Services CFD levies to $0.

The process of setting levies is completed annually, typically in August. The resetting of levies in December 2023, i.e., outside the regular cycle, is allowed by San Diego County for a small fee per parcel.

Setting the levies to $0 effectively eliminated them for this year, but did not necessarily eliminate the Services CFD into the future because a future City Council could impose Services CFD levies in any future annual cycle by simple resolution. With this possibility in mind, the City Council directed staff to prepare an ordinance repealing Ordinance No. 2020 -10, Ordinance No. 2020 -24, and Resolution No. 2020 -44.

Adoption of Ordinance No. 2024 -02 will repeal these ordinances and resolution, thu s preventing imposition of any future Citywide Services CFDs unless the City completes another Services CFD formation.

Repeal of the Services CFD will also lead directly to settlement of ongoing litigation between the City and the SDBIA. The BIASD litigat ion claims that the Services CFD violates certain California statutes and is inconsistent with state law. The City disputes those claims. The SDBIA litigation was brought shortly after the adoption of Ordinance No. 2020 -24 in 2020, and was then tolled (i .e., temporarily suspended by mutual agreement of the parties). The tolling agreement has expired and the litigation is poised to restart absent resolution of the case by the parties. Repeal of the Services CFD will render the litigation moot. A settlem ent agreement between the City and BIASD is necessary to dismiss the litigation and specify the responsibility for each party’s legal costs. Resolution No. 2024 -12 will authorize the City Manager to execute such a settlement agreement. A tentative draft version of the settlement agreement is attached to Resolution No. 2024-12 as Exhibit “A” and subject to final negotiations by the parties.

RECOMMENDATION
Staff recommend that the City Council introduce Ordinance No. 2024-02 repealing the Citywide Services CFD and that the City Council adopt Resolution No. 2024 -12 authorizing the City Manager to execute a Settlement Agreement with the Building Industry Association of San Diego County.

ATTACHMENTS
a. Attachment “1” December 13, 2023 Staff Report on Fiscal Impact Analysis of Future Development
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b. Attachment “2” Ordinance No. 2020-10 (adopted May 13, 2020 – under consideration for repeal)
c. Attachment “3” Ordinance No. 2020 -24 (adopted October 21, 2020 – under consideration for repeal)
d. Attachment “4” Resolution No. 2020-44 (adopted May 13, 2020 – under consideration for repeal)

RESOLUTIONS
a. Resolution No. 2024-12
b. Resolution No. 2024-12 - Exhibit “A”” (Draft Settlement Agreement)

ORDINANCE
a. Ordinance No. 2024-02

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STAFF REPORT
December 13, 2023
File Number 0685-10

SUBJECT

FISCAL IMPACT ANALYSIS OF FUTURE DEVELOPMENT AND CONSIDERATION OF CHANGES TO THE CITY’S SERVICES COMMUNITY FACILITIES DISTRICT LEVIES

DEPARTMENT
Development Services

REQUEST
Request that the City Council receive and file the Fiscal Impact Analysis (“FIA”) of Future Development.

Additionally, staff recommends the City Council adopt Resolution No. 2023-156 amending the previously set levy of special taxes (“levy” or “levies”) for the City’s Services Community Facilities District (“Services CFD”). Multiple options are presented in this report and will be presented at the City Council meeting for the City Council’s consideration.

Staff recommend that the City Council adopt the resolution and select “Option H” from among the presented options. This option will eliminate the existing levies by setting all of them to $0 per unit per year for all residential housing types (Single Family – Large Lot, Single Family – Small Lot, Townhomes, and Apartments/Condos).

The draft resolution includes several other options that the City Council could select. More information regarding these options and the FIA results can the found in the “Background” section of this report. A summary of the options follows:

1. “Option A” is to take no action and leave the Services CFD levies as they were set on August 9, 2023 by the City Council via Resolution 2023 -82. The City Council would then reconsider the levies in August 2024 as part of the annual levy setting process. This option is not recommended by staff because it would ignore the analysis of the FIA and would therefore not account for the changes that have occurred since the original Services CFD was analyzed, including increases in projected property tax revenue and the number of anticipated future developed units.

2. “Options B, C, and D” would set no levies for Single Family – Large Lot and Single Family – Small Lot because these two residential development types were found to have a net positive fiscal impact. Levies would be set for Townhomes and Apartments/Condos, with the cost of Affordable Housing recovered via increased levies to Townhomes and Apartments/Condos. The three options would each fund: (“Option B”) all projected General Fund needs, including Public Safety Target Service Levels; ( “Option C ”) only Public Safety Depa rtments ( i.e., Police Department and Fire Depart ments), including Public Safety Target Service Levels; or (“Option D”) only Public Safety Departments, not including Public Safety Target Service Levels . “Option B” is the baseline recommendation of the FIA study because the study assumes that the City Attachment "1"
231
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Council will set policy to recover the costs of services to Affordable Housing. These options are not recommended by staff because the policy of distribu ting the cost of service for Affordable Housing to other categories of housing would raise questions about the fairness of such a policy.

An attempt to collect levies from Affordable Housing would run counter the City Council past practice of incentivizin g Affordable Housing by exempting development with affordable units from the Services CFD. Additionally, the levy in “Option B” for Apartments/Condos is in excess of those allowed under the current CFD Ordinance.

3. “Options E, F, and G” would set no levies for Single Family – Large Lot and Single Family – Small Lot because these two residential development types were found to have a net positive fiscal impact. Levies would be set for Townhomes and Apartments/Condos, without the cost of Affordable Housing be ing recovered. The three options would each fund: (“Option E”) all projected General Fund needs, including Public Safety Target Service Levels; (“Option F”) only Public Safety Departments, including Public Safety Target Service Levels; or (“Option G”) only Public Safety Departments, not including Public Safety Target Service Levels. These options are not recommended by staff. “Option E” will not bring the City’s Services CFD into better alignment with other North County cities’ CFDs, and “Options F and G” would set levies that are too low to recover a meaningful amount of revenue in excess of the City’s cost of administration.

4. “Option H” would set the levies to $0 per unit per year, effectively eliminating the Services CFD through at least August 2024. As described earlier, this option is recommended. The City Council may, at its discretion, direct staff to prepare a draft Ordinance for consideration to repeal Ordinance 2020-10, which authorized the levy of special taxes.

Staff Recommendation: Receive and File FIA and adopt Resolution No. 2023-156, selecting “Option H”. (Development Services: Christopher W. McKinney, Interim Director of Development Services)

Presenter: Christopher W. McKinney, Interim Director of Development Services

FISCAL ANALYSIS

Since the existing Services CFD was created in 2020, revenues from the CFD have grown from approximately $134,000 at 216 parcels in FY 2022 to a projected amount of $443,000 at 556 parcels in the current fiscal year. If the City develops residential properties as predicted by the San Diego Association of Governments (“SANDAG”) projection by 2050, the existing Services CFD is projected to generate approximately $4.6 million annually in revenue in today’s dollars, assuming the City Council updates the CFD levies periodically to adjust for inflation. The projected annual revenue via the Services CFD in 2050, in today’s dollars and assuming periodic inflationary increases for each option presented in this report, is as follows:

Option A: $4.6 million
Option B: $4.5 million
Option C: $1.8 million
Option D: $1.1 million
Attachment "1"
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Option E: $2.3 million
Option F: $0.5 million
Option G: Less than $0.1 million
Option H: $0

These projected annual revenues assume that approxi mately 5,560 housing units have been constructed by 2050.

The revenues in the intervening years until 2050 will depend on the pace of residential development in the City. Assuming a constant rate of development, the revenues earned via the Services CFD would rise linearly from the present to the projected 2050 levels. If any option other than Option A (Options that change the levies) is chosen, the City will be subject to a fee of $8,340 ($15 per parcel) for the changes.

PREVIOUS ACTION
On January 15, 2020, the City Council adopt ed Resolution No. 2020 -02 directing staff to prepare documents necessary for the formation of a Citywide Community Facilities District (the Services CFD).

On April 8, 2020 , the City Council adopted Resolution Nos. 2020 -24 and 2020 -25 declaring its intent to establish Community Facilities District (“CFD”) No. 2020-1, a Citywide CFD.

On May 13, 2020, the City Council adopted Resolution No. 2020 -44 establishing Community Facilities District (“CFD”) No. 2020-1, a Citywide CFD. The City Council also considered, for the first time, Ordinance 2020-10 authorizing levy of special taxes. This Ordinance was formally adopted at a subsequent City Council meeting.

On November 16, 2022, the City Council received an informational update concerning the Services CFD and directed staff to initiate another FIA of Future Development.

On August 9, 2023, the City Council adopted Resolution 2023 -82, setting the Special Tax Levy for Community Facilities District No. 2020-1 (“Public Services CFD”) for Fiscal Year 2023/24. Adoption of this resolution was the most recent setting of the Services CFD levies.

The City contracted with NBS, based in Temecula, CA, to complete the Report for Fiscal Impact Analysis of Future Development. A copy of the Fiscal Impact Analysis is attached to this Resolution as Attachment Attachment "1"
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“1”. Based on feedback from the City Council and stakeholders, NBS performed the study with several differences in underlying assumption and methodology, which are summarized below:

1. The new study examined costs assuming General Plan and SANDAG buildout projections for the City, including an assumption that future development will include larger numbers of multi-family units and fewer single-family residential (“SFR”).

2. The previous study focused on the unit costs of each development type (i.e., Large-lot SFR, small- lot SFR, Townhomes, and Apartments/Condos). Since SFR unit types are expected to be smaller in number than the other types in the final buildout, their impact on the cost to the City of their development was larger compared to the new study with its projection of fewer SFR units.

3. The new study includes consideration of unbudgeted needs to bring staffing levels in the Public Safety departments of the General Fund up to “Target Service Levels .” If adopted by the City Council, some options for levies include funding to not only meet the funding needs to provide service to future new development residents, but also to correct existing deficiencies in the Public Safety Departments.

4. The new study scaled expenditures by a “Demand Adjustment %” to account for the fact that a certain percentage increase in the population will not cause the same % increase in cost. For City Services related to Public Safety, Public Works, and Development Services, these percentages are high because increased population translates to a similar increase in costs . The Demand Adjustment for t hese services is high (as high as 95%). For governmental services (e.g., Clerk, Finance Department), the staff and resources needed to provide these services in a larger City do not grow in proportion with the population, so the Demand Adjustment for these Departments is smaller (~50%).

5. The study updated projected property tax revenues to reflect property value increases since the original FIA completed in 2019 and the FIA completed earlier in 2023.

SUMMARY OF THE REPORT RESULTS
The report first estimates the number of additional persons to be receiving services from the City in 2050, based on SANDAG projections of population growth. “Employee population” does not refer specifically to employees of the City government, but it ref ers to all persons employed within the City while living outside the City. The report assumes that the cost to provide services to each such person is approximately half of the cost to provide services to a resident of the City. Tables 1 through 3 of the report show that by 2050, the effective increase in the number of people receiving City services will be about 28,000 people.

Attachment "1"
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Revenue Projections
Section 3 of the report estimates the increased revenue projected for the City as a result of new development through 2050, primarily through property taxes and sale taxes. This analysis examines the allocation of housing over various income categories and housing types (Tables 4 through 7), recognizing that low-income units (i.e., Affordable Housing) will be exempt from certain property taxes.

Further calculations estimate the property taxes to be realized by the City from the different categories of residential development, using valuation estimates based on property values in September 2023, and adjusting for reductions in taxes that can be collected on properties in the former Redevelopment Project Area (“RDA Zone”) through 2035 (Tables 8 through 15). Similar calculations estimate property tax revenue projected from future non -residential developme nt (e.g., commercial and industrial development), property tax in lieu of Vehicle Licensing Fees (“VLF”), and other taxes related to the sale and transfer of property (Tables 16 through 24).

The report then projects sales tax revenue to be realized from new residents and those employed within the City but living elsewhere. Some notable assumption from these calculations include: 1. The median home price to income ratio is 8.54, according to the 2021 State of the Nation’s Housing Report by the Joint Center for Housing Studies of Harvard University (“Harvard Study”) ; 2. The average household income of residents of Affordable Housing is 60% of income of residents of apartments and condos; and

3. Approximately 19% of income is spent on Taxable Retail Sales. Th e analysis also assumed that 60% of the spending by non-residents who are employed in the City is subject to sales tax within the City (Tables 25 through 28).

The report also summarizes other projected City revenue, including permitting fees and charges fo r services (Tables 29 through 31). In summary, the total projected annual revenue from new development is projected to be approximately $30.6 million, with $16.7 million from sales taxes and $8.2 million from property taxes. Using data from the previously described revenue analysis, these projected future revenues are allocated across the development types, with the majority - $21.8 million - allocated to commercial property, and $4. 3 million all ocated to Apartments/Condos – the largest allocation to a residential property type (Table 33).

Expense Projections
In analyzing the projected expenses, the report first focuses on the current expenses by applying the Demand Adjustment Percentages previous ly described for each department to the estimated FY 2023 expenses, leading to an adjusted annual expense of $11 6.0 million. Applying this figure to the approximately 181,000 people served, yielding an expense per person of $641 (Table 34 through 36).

The analysis then delves into Target Service Levels for the Police and Fire Departments. The Target Sworn Police Ration is 1.30 per 1,000 persons served, compared to the actual ratio of 1.06. To meet its Target Sworn Police Ratio and provide a target level of Police Services to all future residents, the City would Attachment "1"
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require an additional 37 sworn Police Officers , with the portion of the cost of these Officers being $850,000 annually. (Tables 37 through 39).

Similar Target Service Levels are analyzed for the Fire Department, though the method used is not a target number of employees per 1,000 persons served. Instead, the Fire Department provided an additional 25 positions needed to achieve target service levels, with eight of these positions being Emergency Medical Technicians. Using similar calculations to those used to calculate the cost of achieving target service levels for the Police Department, the cost achieving these service levels for the Fire Department is $3 83,000 (Tables 40 and 41).

The projected Target Service Level expenditures are combined with the projected overall expenditure to yield at total future expenditure of $1 9.0 million. These expenditures are distributed across the various development types, using assumption about occupancy of the var ious residential types. For example, it is assumed that newly developed Single -Family and Small Lot Single -Family have 2.49 persons per unit, while new development Townhomes and Apartment/Condos have 2.06 persons per unit, maintaining the current MFR/SFR persons per unit ratio in the City of 0.83. Applying these assumptions to the number of assumed units, and assumption about the number of employees served by commercial and industrial development allows for allocation of the future expenditure to each dev elopment type (Tables 42 and 43). The highest allocated expenditures are to Commercial development and Apartments/Condos with $6.0 million and $6.5 million annually, respectively.

Fiscal Impact
With projected revenues and expenses allocated to each development type, the fiscal impact of each can be estimated (Table 45). The table makes clear that future residential development, when taken separately from commercial and industrial development, results in more expenditures to provide services to new residents than these new residents contribute in revenue (e.g., sales tax, property tax, other fees).

However, closer examination of the different residential property development types reveals significant differences in the impacts, with large -lot single family residential and small-lot single family residential generating more revenue that expenses. All other residential property types (Townhomes, Apartments/Condos, and Affordable Housing) are project ed to generate less revenue than future expenses.

The study concludes with a recommendation for the CFD levies of “Option B”. However, staff are not recommending “Option B”, primarily because it distributes the fiscal impact of Affordable Housing to other housing categories. The levy amounts in all other options are calculated by staff based on the data produced in the FIA report.

Attachment "1"
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TABLES SHOWING OPTIONS FOR ADJUSTMENTS TO THE EXISTING SERVICES CFD LEVIES The table on the following page shows the existing levies set by the City Council on August 9, 2023, and the projected revenue in 2050 if the anticipated number of units are constructed. These levies were set during the County’s typical cycle of setting levies that appear on property owners’ property tax bill. The deadline for setting levies in each fiscal year (FY) is August 10 of the year (about six weeks into the FY).

Agencies may adjust levies at any time during the FY, as long as levies are reduced. The County charges a fee for these “out of cycle” changes of $15 per parcel. There are presently 556 parcel s in the Services CFD, resulting in a total fee to be paid to the County by the City of $8,340. “Option A” would retain these levies.

Tables reflecting the optional levies of “Option B”, “Option C”, and “Option D” can be found in the attached draft Resolution 2023-156.

Tables reflecting the option levies of “Option E”, “Option F”, and “Option G”, with additional information for each, can be found on the following pages.

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“Option E” would collect no revenue from Single Family Residential units (Large- and Small-Lot) because these development types were shown to have a net positive fiscal impact in the updated FIA . Existing levies would be decreased by 62% for Townhomes and by 38% for Apartments/Condos. These reductions reflect that this option does not recover the fiscal impact of Affordable Housing, but it does recover the impact of Townhomes and Apartments/Condos for all General Fund impacts, totaling $2.3 million annually. This option would not bring the Services CFD into alignment with other North County CFDs, which fund only Public Safety costs.

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“Option F” would collect no revenue from Single Family Residential units because these development types were shown to have a net positive fiscal impact in the updated FIA. Additionally, no levy would be assessed on Townhomes. The reduction in projected negative fiscal impact of this option, because it funds only Public Safety Departments (with Target Service Levels), results in a net -positive fiscal impact for Townhomes. Existing levies would be decreased by 85% for Apartments/Condos. This option does not recover the fiscal impact of Affordable Housing, and it recovers the impact of Apartments/Condos for only Public Safety Department fiscal impacts , totaling $0.5 million annually. This projected net revenue in 25 years would not be realized at present, with only about 1/10th of the number of units in the CFD at present.

Therefore, the administration cost of the CFD would likely exceed its revenue for several years. This option would bring the Services CFD into alignment with other North County CFDs.

The drastic percentage increases in the proposed levies for this option can be explained by examining the overall negative fiscal impacts of each development type . The net impact of each individual type is relatively small compared to net impact of all deve lopment, so the changes to the net impact ( e.g., by removing all General Fund impacts excepting Public Safety) can result in large reductions, or even elimination, of the negative impact of an individual development type.

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“Option G” would collect no revenue from Single Family Residential units and Townhomes because these development types were shown to have a net positive fiscal impac t (see discussion of “Option F”) . This option further reduces the impacts addressed by the Services CFD by eliminating Target Service Level funding. Existing levies would be decreased by 98% for Apartments/Condos, to a mere $20 per unit per year. This option does not recover the fiscal impact of Affordable Housing, and it recovers the impact of Apartments/Condos, totaling less than $0.1 million annually. This option would bring the Services CFD into alignment with other North County CFDs. The administration cost of the CFD would never be recovered by the revenues generated.

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“Option H” is a very simple option which proposes to set all Services CFD levies to $0 per unit per year. If the City Council desires to limit the Service s CFD to the fiscal impacts of development for Public Safety Departments only, the recent increases in projected property tax revenue – coupled with a low expenditure per capita on services when compared to other cities in San Diego County – lead to dwindling benefit from, and indeed a dwindling need for, continued Services CFD levies.

If the City Council chooses “Option H”, they may also consider directing staff to prepare a draft Ordinance that would repeal Ordinance 2020-10, thus formally eliminating the Services CFD. If the levies are set to $0, but Ordinance 2020-10 is not repealed, the City Council could choose to enact Services CFD levies by simple resolution at any point in the future.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution 2023-156 with “Option H” , setting all Services CFD levies to $0 . Staff also request City Council provide direction concerning preparati on of a draft Ordinance that would repeal Ordinance 2020-10.

ATTACHMENTS
a. Attachment “1” Report on Fiscal Impact Analysis of Future Development

RESOLUTIONS
a. Resolution No. 2023-156
b. Resolution No. 2023-156 Exhibit “A”
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ORDINANCE NO. 2020-10

ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ESCONDIDO, CALIFORNIA ACTING IN

ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2020-1

OF THE CITY OF ESCONDIDO (SERVICES)

AUTHORIZING THE LEVY OF SPECIAL TAXES
WHEREAS, on April 8, 2020, the City Council (the “City Council”) of the City of Escondido (the “City”) adopted Resolution No. 2020-24 (the “Resolution of Intention”) declaring its intention to form Community Facilities District No. 2020-1 of the City of Escondido (Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and designating a Future Annexation Area (as defined in the Resolution of Intention) thereof; and WHEREAS, on May 13, 2020, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District and the proposed levy of a special tax therein to finance certain services described in Resolution No. 2020-44 (the “Resolution of Formation”); and WHEREAS, at the May 13, 2020 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District, the designation of the Future Annexation Area and the proposed levy of the special tax to finance the services described in the Resolution of Intention were heard and a full and fair hearing was held; and
WHEREAS, on May 13, 2020, the City Council adopted the Resolution of Formation which formed the District, established the Future Annexation Area and called a special election within the District on May 13, 2020, on two propositions relating to the

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2 levy of a special tax within the District and the establishment of an appropriations limit within the District; and
WHEREAS, on May 13, 2020, a special election was held within the District at which the qualified electors approved by more than a two-thirds vote Propositions A and B authorizing the levy of a special tax within the District for the purposes described in Resolution of Formation and establishing an appropriations limit for the District.

BE IT ORDAINED, by the City Council of the City of Escondido that:

SECTION 1. The above recitals are all true and correct.

SECTION 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment C to the Resolution of Intention, which is incorporated by reference herein (the “Rate and Method”). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until payment of all costs of the services authorized to be financed by the District, and payment of all costs of administering the District.

SECTION 3. Each of the Mayor, the City Manager, or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby

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3 authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of San Diego and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year.

SECTION 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section D of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in the Resolution of Formation or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act.

SECTION 5. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and the Resolution of Formation.

SECTION 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.

SECTION 7. The Mayor of the City shall sign this Ordinance and the City Clerk or Deputy City Clerk (referred to herein as the “City Clerk”) shall attest to the Mayor’s

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4 signature and then cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the City of Escondido.

SECTION 8. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.

SECTION 9. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer-Tax Collector of the County of San Diego, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.

SECTION 10. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.

SECTION 11. This Ordinance shall take effect thirty days after its final passage.

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PASSED, ADOPTED AND APPROVED by the City Counc il of the City of Escondido at a regular meeting thereof this 3rd day of June, 2020 by the following vote to wit:

AYES : Councilmembers: DIAZ, MARTINEZ, MORASCO, MCNAMARA NOES : Councilmembers: NONE
VACANT : Councilmembers: DISTRICT 2
A P P R O V E D :

PAUL MCNAMARA, Mayor of the
City of Escondido, California

ATTEST:

ZACK BECK, City Clerk of the
City of Escondido, California

*****

STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO : ss.

CITY OF ESCONDIDO )

I, Zack Beck, City Clerk of the City of Escondido, hereby certify that the foregoing ORDINANCE NO. 2020-10 passed at a regular meeting of the City Council of the City of Escondido held on the 3 rd day
of June, 2020, after having been read at the regular meeting of said City Council held on the 13 th day of May, 2020.

ZACK BECK, City Clerk of the
City of Escondido, California

ORDINANCE NO. 2020-10

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ORDINANCE NO. 2020-24

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ESCONDIDO, CALIFORNIA,
AMENDING ARTICLE 17 (DEVELOPMENT
FEE PROCEDURES) AND ARTICLE 18B
(PUBLIC FACILITY DEVELOPMENT FEE) OF
CHAPTER 6 OF THE ESCONDIDIO

MUNICIPAL CODE TO ACKNOWLEDGE
CITY’S AUTHORITY REGARDING FUNDING

MECHANISMS FOR PUBLIC SERVICES

REQUIRED FOR DEVELOPMENT PROJECTS
WHEREAS, the City of Escondido’s (“City”) authority to require fees or other exactions to offset impacts to ongoing municipal services required for development projects is generally derived from the City’s powers pursuant to Article XI, Section 7 of the California Constitution; and
WHEREAS, California statutes also provide authority for the City to require such fees or other exactions in relation to development projects, including but not limited to Government Code Section 37112 (acts necessary or proper to carry out governmental duties) and Government Code Section 66000 et seq. (the Mitigation Fee Act); and WHEREAS, the City has the authority to create community facilities, assessment, or service districts to offset impacts to ongoing municipal services pursuant to other California statutes, including but not limited to the Mello-Roos Community Facilities District Act, the Improvement Act of 1911, the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, the Landscaping and Lighting Act of 1972, the Benefit Assessment Act of 1982, and the Parking and Business Improvement Area Law of 1989; and

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WHEREAS, the City’s General Plan, including its Policies related to Public Facility Financing, Public Facility Deficiencies, Complete Streets, Fire Protection, Police Services, and Parks and Recreation, requires new development to contribute fees or establish other funding mechanisms so that the City can adequately operate and maintain municipal facilities and equipment and ensure ongoing levels of municipal services; and WHEREAS, Article 17 of Chapter 6 of the Escondido Municipal Code concerns “development fees,” which are defined as “any monetary exaction imposed as a condition of or in connection with approval of a development project for the purpose of defraying all or a portion of the cost of capital improvements related to the development project”; and WHEREAS, Article 18B of Chapter 6 of the Escondido Municipal Code concerns “public facility fees,” which are defined as “a monetary exaction imposed as a condition of development approval in connection with a residential or nonresidential development project in order to fund and to assure the provision of public facility improvements needed to serve such development at established city service level standards within a reasonable period of time”; and
WHEREAS, Article 18B of Chapter 6 of the Escondido Municipal Code defines “public facilities” as “the construction and equipping of public facilities including, but not limited to, police stations, fire stations, public libraries, senior centers, maintenance yard site, administrative space, and other public facility improvement needs related to projected residential and nonresidential development”; and

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WHEREAS, Article 17 and Article 18B do not expressly address fees or other exactions for municipal services (apart from public facilities or capital improvements) required for development projects in the City; and
WHEREAS, on June 12, 2019, the City Council directed staff to investigate all options to address the City’s general fund budget deficit; and WHEREAS, on January 15, 2020, the City Council was provided with the results of the Keyser Marston Fiscal Impact Analysis, which concluded that the cost to provide municipal services to new residential developments exceeded revenues by $536 to $783 for each new residential unit per year; and
WHEREAS, on January 15, 2020, the City Council adopted Resolution No. 2020- 2, directing staff to prepare documents necessary to consider the formation of a Community Facilities District (“CFD”) to offset ongoing costs of municipal services resulting from new development; and
WHEREAS, on April 8, 2020, the City Council adopted Resolution No. 2020-24, which included a Resolution of Intention to Establish Community Facilities District No. 2020-1 of the City of Escondido to fund municipal services required for new development (“Services CFD”), and the setting of a public hearing date of May 13, 2020, for the City Council to consider approving the Services CFD; and
WHEREAS, on May 13, 2020, after the City Council held a properly noticed public hearing, the City Council adopted Resolution No. 2020-44 to approve and establish the Services CFD, which created a CFD funding mechanism by which development projects can offset impacts to municipal services required for the projects; and

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WHEREAS, should a development project not be subject to the Services CFD, the City desires to continue its policy of ensuring that the development project otherwise offsets its impacts to municipal services required for the project through the payment of other lawful fees or exactions; and
WHEREAS, pursuant to its continued efforts to address the City’s general fund budget deficit and to act in the best interests of the City’s residents and taxpayers, the City desires to reaffirm its policy for development projects to offset the impacts to municipal services required for such projects; and
WHEREAS, the aforementioned fiscal policies for development projects are necessary and proper in relation to the City providing ongoing municipal services; and WHEREAS, the City Council desires to amend the Escondido Municipal Code to reaffirm the City’s aforementioned fiscal policies for development projects.

NOW, THEREFORE, the City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows:

SECTION 1. That the foregoing recitals are true and correct.

SECTION 2. That a properly noticed public hearing on this matter has been held before the City Council.

SECTION 3. That the City Council has duly reviewed and considered all evidence submitted in association with the public hearing for this Ordinance, including, without limitation, written information; oral testimony from City staff, interested parties, and the public; the concurrently provided Staff Report, which along with its attachments

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is incorporated herein by this reference as though fully set forth herein; and additional information submitted during the public hearing.

SECTION 4. That Article 18B of Chapter of the Escondido Municipal Code be amended to insert a new Section 6-457, which shall read as follows:

Sec. 6-457. Other Fees and Exactions for Public Services. (a) In addition to the fees set forth in this article, the City may condition the issuance of a grading permit, construction permit, building permit, or other development entitlement for a development project on the establishment of a funding mechanism to offset the impacts to additional ongoing public services required for such project. The funding mechanism may consist of:
(1) the imposition of an exaction or fee otherwise authorized by the Escondido Municipal Code, the Mitigation Fee Act, or other applicable local, state, or federal law; or
(2) the participation of the subject real property in a community facilities, assessment, or service district (“district”) organized and adopted by the City in accordance with local, state, or federal law; or
(3) the execution of an irrevocable offer to annex into a district upon formation of the same if a district has not yet been organized and adopted but the need for which has been identified.
(b) A district referred to in this section may include, but shall not be limited to, those organized pursuant to the Mello-Roos Community Facilities District Act, the Improvement Act of 1911, the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, the Landscaping and Lighting Act of 1972, the Benefit Assessment Act of 1982, the Parking and Business Improvement Area Law of 1989, or any other district formed pursuant to the City's authority or otherwise provided for by applicable law.

SECTION 5. That Section 6-434 (Exemptions) of Article 17 of Chapter 6 of the Escondido Municipal Code be amended to read as follows:

Sec. 6-434. Exemptions.

The provisions of this chapter do not apply to:
(a) Taxes or special assessments levied by the city; (b) Fees for processing development applications or approvals; (c) Fees for enforcement of or inspections pursuant to regulatory ordinances; (d) Fees collected under development agreements adopted pursuant to California Government Code section 65864 et seq.;

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(e) Fees collected pursuant to California Government Code section 66477 as money in lieu of park land dedication;
(f) Fees imposed pursuant to a reimbursement agreement by and between the city and a property owner or developer for that portion of the cost of a capital improvement paid by the property owner or developer which exceeds the need for the capital improvement created by the development; or
(g) Fees and exactions for public services referenced in Escondido Municipal Code section 6-457.

SECTION 6. SEPARABILITY. If any section, subsection sentence, clause, phrase, or portion of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions.

SECTION 7. That as of the effective date of this Ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 8. That the City Clerk is hereby directed to certify to the passage of this Ordinance and to cause the same or a summary to be prepared in accordance with Government Code Section 36933, to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido.

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PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof this 21st day of October, 2020 by the following vote to wit:

AYES : Councilmembers: DIAZ, MARTINEZ, MCNAMARA NOES : Councilmembers: MORASCO
VACANT : Councilmembers: DISTRICT 2
A P P R O V E D :

PAUL MCNAMARA, Mayor of the
City of Escondido, California

ATTEST:

ZACK BECK, City Clerk of the
City of Escondido, California

*****

STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO : ss.

CITY OF ESCONDIDO )

I, Zack Beck, City Clerk of the City of Escondido, hereby certify that the foregoing ORDINANCE NO. 2020-24 passed at a regular meeting of the City Council of the City of Escondido held on the 21 st day
of October, 2020, after having been read at the regular meeting of said City Council held on the 23rd day of September, 2020.

ZACK BECK, City Clerk of the
City of Escondido, California

ORDINANCE NO. 2020-24

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Item8.

RESOLUTION NO. 2020-44

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 2020-1 OF THE CITY OF ESCONDIDO
(SERVICES) AND FUTURE ANNEXATION AREA

THEREIN, AUTHORIZING THE LEVY OF A SPECIAL

TAX THEREOF, CALLING AN ELECTION AND

APPROVING AND AUTHORIZING CERTAIN ACTIONS

RELATED THERETO
WHEREAS, the City Council (the “City Council”) of the City of Escondido (the “City”) has heretofore adopted Resolution No. 2020-24 stating its intention to form Community Facilities District No. 2020-1 of the City of Escondido (Services) (“Community Facilities District No. 2020-1” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”) and to designate a future annexation thereof (the “Future Annexation Area”); and
WHEREAS, a copy of Resolution No. 2020-24 setting forth a description of the proposed boundaries of Community Facilities District No. 2020-1 and the Future Annexation Area, the services and incidental expenses to be financed by the District and the rate and method of apportionment of the special tax proposed to be levied within the District is on file with the City Clerk; and
WHEREAS, notice was published and mailed to all landowners of the land proposed to be included within the District as required by law relative to the intention of this City Council to form proposed Community Facilities District No. 2020-1 and to levy a special tax (the “Special Tax”) to finance the services and incidental expenses described in Resolution No. 2020-24; and

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Item8.

WHEREAS, on May 13, 2020, this City Council conducted a noticed public hearing as required by law relative to the proposed formation of Community Facilities District No. 2020-1 and the levy of the Special Tax therein; and
WHEREAS, at the May 13, 2020 public hearing there was filed with this City Council a report containing a description of the services necessary to meet the needs of the District and the Future Annexation Area and an estimate of the cost of such services as required by Section 53321.5 of the Act (the “CFD Report”); and WHEREAS, at the May 13, 2020 public hearing all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2020-1, the designation of the Future Annexation Area and the levy of the Special Tax were heard and full and fair hearings were held; and
WHEREAS, following the public hearing, this City Council has determined to authorize the formation of the District and the designation of the Future Annexation Area to finance the types of services (the “Services”) and the incidental expenses (the “Incidental Expenses”) set forth in Attachment A hereto, which are described in more detail in the CFD Report; and
WHEREAS, at the public hearing evidence was presented to this City Council on the matters before it, and the proposed Special Tax to be levied within the District was not precluded by a majority protest of the type described in Section 53324 of the Act, and this City Council at the conclusion of the hearing was fully advised as to all matters relating to the formation of the District, the designation of the Future Annexation Area and the levy of the Special Tax; and

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Item8.

WHEREAS, this City Council has determined, based on a Certificate of Registrar of Voters of the County of San Diego on file in the office of the City Clerk, that no registered voters have been residing in the proposed boundaries of Community Facilities District No. 2020-1 for each of the 90 days prior to May 13, 2020, and that the qualified electors in Community Facilities District No. 2020-1 are the landowners within the District; and
WHEREAS, on the basis of all of the foregoing, this City Council has determined to proceed with the establishment of Community Facilities District No. 2020-1 and the designation of the Future Annexation Area and to call an election therein to authorize (i) the levy of Special Tax pursuant to the rate and method of apportionment of the special tax, as set forth in Attachment C to Resolution No. 2020-24 (the “Rate and Method”), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2020-

1. BE IT RESOLVED, by the City Council of the City of Escondido that:

Section 1. Each of the above recitals is true and correct.

Section 2. A community facilities district to be designated “Community Facilities District No. 2020-1 of the City of Escondido (Services)” is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with the provisions of Section 53325.1(b) of the Act.

Section 3. The boundaries of Community Facilities District No. 2020-1 are established as shown on the map designated “Boundary Map of Community Facilities

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Item8.

District No. 2020-1 (Services) City of Escondido, County of San Diego, State of California”, which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk- Recorder’s office of the County of San Diego in Book No. 48 Page Nos. 79-80 on April 13, 2020, as Instrument No. 2020-7000088. The boundaries of the Future Annexation Area set forth in Resolution No. 2020-24 is hereby established.

Section 4. The types of Services and Incidental Expenses authorized to be provided for Community Facilities District No. 2020-1 are those set forth in Attachment A attached hereto. The estimated cost of the Services and Incidental Expenses to be financed is set forth in the CFD Report.

The City Council finds and determines that the proposed Services are necessary to meet the increased demand that will be placed upon local agencies and public infrastructure as a result of new development within the District and that the Services to be financed benefit residents of the City and the future residents of the District.

Section 5. Except where funds are otherwise available, it is the intention of this City Council, subject to the approval of the eligible voters of the District, to levy annually a Special Tax at the rates set forth in the Rate and Method on all non-exempt property within the District sufficient to pay for the Services and the Incidental Expenses. The District expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the District, the levying and collecting of the Special Tax, and the annual administration of the the District. The Rate and Method is described in detail in Attachment C to Resolution No. 2020-24 and incorporated herein by this

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reference, and the City Council hereby finds that the Rate and Method contains sufficient detail to allow each landowner within the District to estimate the maximum amount that may be levied against each parcel. As described in greater detail in the CFD Report, which is incorporated by reference herein, the Special Tax is based on the expected demand that each parcel of real property within Community Facilities District No. 2020-1 will place on the Services and on the benefit that each parcel will derive from the right to access the Services and, accordingly, is hereby determined to be reasonable. The Special Tax shall be levied on each assessor’s parcel in accordance with the Rate and Method. The Special Tax is apportioned to each parcel on the foregoing bases pursuant to Section 53325.3 of the Act and such Special Tax is not on or based upon the ownership of real property or the assessed value of real property.

If Special Taxes of the District are levied against any parcel used for private residential purposes, (i) the maximum Special Tax rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to the Special Tax because of its use for private residential purposes and shall not be increased over time except as authorized under the Rate and Method, and (iii) under no circumstances will the Special Tax levied against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.

The City Manager of the City of Escondido, will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations

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by assessor’s parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act.

Section 6. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the District ceases.

Section 7. Consistent with Section 53325.6 of the Act, the City Council finds and determines that the land within Community Facilities District No. 2020-1, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within Community Facilities District No. 2020-1 and will be benefited by the Services proposed to be provided within Community Facilities District No. 2020-1.

Section 8. It is hereby further determined that there is no ad valorem property tax currently being levied on property within proposed Community Facilities District No. 2020-1 for the exclusive purpose of paying for the same services to the territory of Community Facilities District No. 2020-1 as are proposed to be provided by the Services to be financed by Community Facilities District No. 2020-1.

Section 9. Written protests against the establishment of the District and the designation of the Future Annexation Area have not been filed by one-half or more of the registered voters within the boundaries of the District or by the property owners of one- half (1/2) or more of the area of land within the District. The City Council hereby finds

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Item8.
that the proposed Special Tax has not been precluded by a majority protest pursuant to Section 53324 of the Act.

Section 10. An election is hereby called for Community Facilities District No. 2020-1 on the propositions of levying the special tax on the property within Community Facilities District No. 2020-1 and establishing an appropriations limit for Community Facilities District No. 2020-1 pursuant to Section 53325.7 of the Act. The propositions to be placed on the ballot for the District are attached hereto as Attachment B.

Section 11. The date of the election within Community Facilities District No. 2020-1 shall be May 13, 2020, or such later date as is consented to by the City Clerk and the landowners within Community Facilities District No. 2020-1. The City Clerk shall conduct the election. Except as otherwise provided by the Act, the election shall be conducted by personally delivered or mailed ballot and, except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Escondido insofar as such provisions are determined by the City Clerk to be applicable.

It is hereby found that there are not more than twelve registered voters within the territory of Community Facilities District No. 2020-1, and, pursuant to Section 53326 of the Act, each landowner who is the owner of record on the date hereof, or the authorized representative thereof, shall have one vote for each acre or portion thereof that he, she or it owns within Community Facilities District No. 2020-1. The voters shall be the landowners of record within Community Facilities District No. 2020-1 as of May 13, 2020.

Section 12. The preparation of the CFD Report is hereby ratified. The CFD Report, as submitted, is hereby approved and was made a part of the record of the public

Attachment "4"
260
Item8.
hearing regarding the formation of Community Facilities District No. 2020-1. The CFD Report is ordered to be kept on file with the transcript of these proceedings and open for public inspection.

Section 13. This Resolution shall be effective upon its adoption.

Attachment "4"
261
Item8.

PASSED, ADOPTED AND APPROVED by the City Counc il of the City of Escondido at a regular meeting thereof this 13th day of May, 2020 by the following vote to wit:

AYES : Councilmembers: DIAZ, MARTINEZ, MORASCO, MCNAMARA

NOES : Councilmembers: NONE

VACANT : Councilmembers: DISTRICT 2

APPROVED:

PAUL MCNAMARA, Mayor of the
City of Escondido, California

ATTEST:

ZACK BECK, City Clerk of the
City of Escondido, California

RESOLUTION NO. 2020-44

Attachment "4"
262
Item8.

A-1

ATTACHMENT A
Types of Services To Be
Financed By Community
Facilities District No. 2020-1
The services which may be funded with proceeds of the special tax of CFD No. 2020-1, as provided by Section 53313 of the Act, include the following (collectively, the “Services”):
(i) maintenance of parks, parkways, park lighting, sidewalks, signage, landscaping in public areas, easements or right of way and open space; (ii) flood and storm protection services;
(iii) the operation of storm drainage systems;
(iv) maintenance of streets and roadways, traffic signals and street lighting; (v) graffiti and debris removal from public improvements; (vi) public safety services including police, fire protection and fire suppression; and
(vii) maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City of Escondido.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the CFD Administrator. Capitalized terms used and not defined herein shall have the meanings set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2020-1.

Attachment "4"
263
Item8.

B-1

ATTACHMENT B

BALLOT PROPOSITIONS
COMMUNITY FACILITIES DISTRICT NO. 2020-1

OF THE CITY OF ESCONDIDO (SERVICES)

SPECIAL TAX ELECTION
May 13, 2020
PROPOSITION A: Shall a special tax with a rate and
method of apportionment as provided in Resolution No.
2020-24 of the City Council of the City of Escondido be levied to pay for the Services, Incidental Expenses and other purposes described in Resolution No. 2020-24?

YES______
NO_______
PROPOSITION B: For each year commencing with
Fiscal Year 2020-21, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for Community Facilities
District No. 2020-1 be an amount equal to $20,000,000?
YES______
NO_______

Attachment "4"
264
Item8.

RESOLUTION NO. 2024-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE A SETTLEMENT AGREEMENT

BETWEEN THE CITY AND THE BUILDING INDUSTRY

ASSOCIATION OF SAN DIEGO RESOLVING LITIGATION

REGARDING THE CITYWIDE SERVICES COMMUNITY

FACILITIES DISTRICT

WHEREAS, on or about February 26, 2021, the Building Industry Association of San Diego County (“BIASD”) filed a Petition for Writ of Mandate and Complaint for Declaratory Relief against the Ci ty of Escondido (“City”) in San Diego Superior Court, Case No. 37 -2021-00008423-CU-MC-CTL (“Lawsuit”) wherein it challenged and sought judicial review of Ordinance No. 2020 -24, and other City policies and development approval prerequisites including but no t limited to Ordinance No. 2020-10 (Citywide Services Community Facilities District , CFD 2020 -1), which required new residential development applicants to annex into the Services CFD or establish an acceptable alternative funding mechanism to offset the fiscal impacts of the new development on City public services; and WHEREAS, on or about October 21, 2020, the City adopted Ordinance No. 2020 -24 enacting Escondido Municipal Code § 6-457 (Other fees and exactions for public services); and WHEREAS, on January 24, 2024, the City Council considered and adopted Ordinance No. 2024-02 repealing Ordinance No. 2020-10 and Ordinance No. 2020-24 based on a review of a new Fiscal Impact Analysis; and
WHEREAS, the repeal of the Services CFD has rendered the Lawsuit moot; and WHEREAS, the City and the BIASD have tentatively agreed to enter into a Settlement Agreement attached hereto as Exhibit “A” fully resolving the Lawsuit and that each party wi ll be responsible for payment of its own legal costs related to the Lawsuit; and WHEREAS, it is in the best interests of the City to fully resolve the Lawsuit without incurring further attorney’s fees and costs.
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Item8.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:

1. That the above recitations are true and are incorporated herein.

2. That the City Manager is authorized to execute a Settlement Agreement, attached hereto as Exhibit “A,” and any related documents between the City and the Building Industry Association of San Diego County, in a form approved by the City Attorney and consistent with the terms and intent of this Resolution.

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Item8.

Resolution No. 2024-12
Exhibit “A”

Page 1 of 8 ends

Escondido City CouncilJanuary 24, 2024

Escondido City Council
January 24, 2024