A. Background
Funding for the federal CDBG Program is authorized under Title I of the Housing and Community Development Act. The U nited States Department of Housing and Urban Development ( “HUD”) provides grants on a formula basis to entitled cities and counties, including the City of Escondido, to develop viable urban communities through the provision of decent housing, a suitable living environment, and by expanding economic opportunities for lower income persons.
The primary purpose of the CDBG program is to support activities that enhance the overall quality of life in entitlement cities by focusing on three core objectives: community development, affordable housing, and economic opportunities that benefit low - and moderate -income individuals and neighborhoods.
All proposed CDBG -funded activities must both a National Objective AND at least one Local Priority:
National Objectives
1) Benefit a majority of low and moderate -income (“LMI”) households or area. The LMI national objective is often referred to as the “primary” national objective because the statute requires that recipients expend 70 -percent of their CDBG funds to meet the LMI national objective.
LMI is defined as those persons and households who earn at or below 80 -percent of the Area Median Income (“AMI”) adjusted for family size for the San Diego Metropolitan Service Area (“MSA”) as defined in Section 102 of the Housing and Community Development Act of 1974. A table with the HUD income limits is included as Exhibit 2. The Income limits are adjusted annually by HUD. Documentation of benefit to LMI persons is required for all CDBG-funded projects; or
2) Meet a community need having a particular urgency because existing conditions pose a serious and immediate threat to the health and/or welfare of the community and no other financial resources are available to meet the need; or
3) Aid in the prevention or elimination of conditions of slum and blight.
AND
Local Priorities
1) Homeless Services – Provide homelessness prevention, diversion, emergency shelter, and mental and behavioral health services for unhoused people in Escondido 2) Basic Needs - Provide access to food, water, shelter, and sanitation Attachment "1"
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3) Health and Human Development - Provide access to recreation, education, and physical and mental health
4) Neighborhood Revitalization - Improve livability of neighborhoods including traffic calming, widening sidewalks, and pedestrian-scaled lighting in low-mod income areas 5) Economic Development - Provide economic deve lopment opportunities to low -mod income residents and businesses
6) Public Safety - Provide services to enhance the safety for residents in low -mod income areas
C. Funding Source
We expect our FY 2024-25 allocation to be announced in late May early June . The funding is determined by a formula calculated by HUD based on population, people in poverty, overcrowded units, population growth lag since 1960, and pre -1940 housing units from the American Community Survey (“ACS”). The City’s allocation can fluctuate y ear-to-year causing funding to increase or decrease in various programs.
The CDBG grant program has strict guidelines on expenditures for public services, administration and capital improvements. The maximum allocation for public services dollars is 15% of the total allocation, 20% of the CDBG budget is reserved for administration and mandatory fair housing requirements; and the remainder will be available for public facilities and infrastructure projects.
It is important to note that CDBG funds received by the Subrecipient for public services must be expended no later than June 30, 2025. Capital projects awarded by the City to Subrecipients are not subject to a cap and are not limited to the program year grant cycle. The duration of capital improvement projects can extend beyond the CDBG program grant year to have a multi-year span. Subrecipients who receive funds for capital projects must be demonstrate project readiness, have site control, a well-developed plan, and be committed to quickly and responsibility execute their projects.
D. Program Description
The CDBG Program is guided by a 5 -Year Consolidated Plan. This Plan was approved by City Council on May 20, 2020, and outlines the City’s goals and funding priorities for CDBG, HOME, and ESG through June 30, 2025. The City anticipates receiving close to $ 13,000,000 from its annual allocation, program income and unused funding. Extensive public outreach and consultation, needs assessments, and market analyses on local data were conducted to determine the most critical community needs and strategic goals within the City of Escondido.
E. Eligibility
1) APPLICANT ELIGIBILITY – Prospective applicants must meet the following definition of subrecipient:
A “subrecipient” may be a public agency, a public or private nonprofit organization, a Community- Based Development Organization (“CBDO”) if designated as a subrecipient, or a for -profit entity authorized under 24 CFR 570.201(o) that the grantee awards CDBG funds to carry out agreed - Attachment "1"
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upon activities on its behalf (see 24 CFR 570.500(c)). Non-profit organizations must be granted non-profit status under the internal Revenue Code (Section 501(c)(3), (c)(4) or (c)(5)), and must be incorporated for at least one year by the application submittal date.
Faith-based organizations cannot use CDBG funds to support worship, religi ous instruction or proselytization. Religious activities must be offered separately from the CDBG supported activity.
Faith-based organizations that participate in the CDBG program will retain independence from federal, state, and local governments and may carry outs its mission provided CDBG funds are not used to support religious activities. Faith -based organizations that participate in the CDBG program shall not discriminate against a program beneficiary on the basis of religion or religious belief.
NOTE: The City of Escondido does not directly fund individuals through this program. 2) PROJECT ELIGIBILITY
In order to qualify for CDBG funding, federal regulations require that all programs and projects must:
a. Meet at least one of the three National Objectives described in Section B, above; b. Address one or more of the local Consolidated Plan Goals and Priorities described in Section B, above;
c. Be an eligible activity as set forth in 24 CFR §570.201; and d. Not be ineligible as set forth in 24 CFR §570.207, among other requirements.
Projects that fail to meet these applicable tests will NOT BE considered for CDBG funding.
Examples of activities that will render a project ineligible include:
• Programs or services that primarily serve non-Escondido residents • Projects or programs that do not serve primarily LMI persons • New housing construction
• Political activities
• Income payments, stipends, marketing and fundraising
• Purchase of equipment, furnishings or personal property • Services that promote religious activities
• Payment of debt or pre-award expenses
• Entertainment, furnishings and personal property
For complete list of eligible and ineligible activities please review 24 CFR §570.201 and 24 CFR §570.207.
F. Scope of Services and Deliverables
Each Subrecipient will be expected to meet measurable outcomes established within the Scope of Services (“ SOS”). Subrecipients will be expected t o submit quarterly reports , invoices, and narratives highlighting their accomplishments, successes , and challenges within the CDBG program. Each of these outcomes will be individually tailored and co -created with the Subrecipient based on their project design. It is important to note that all funding reimbursements for the CDBG will be tied to outcome achievements.
G. Right to Submitted Material
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This RFP does not commit the City of Escondido to award a contract, to pay any costs incurred in the preparation of a proposal or contract, or to procure or contract for, any services. The City reserves the right to accept or reject any or all proposals received as a result of this RFP, or to amend, cancel (in part or in whole) this RFP if it is in the City’s best interest to do so. All proposals, reports and data submitted to the City shall become the property of the City of Escondido and may not be returned.
H. Proposal Deadlines and Schedule
The following is an estimated schedule relating to this RFP:
Activity Date
CDBG Application Released Mid May 2024
Questions Deadline TDB
Response to Questions Released TBD
RFP Closes Early June 2024
Return to City Council to Approve Award July/August 2024 Notice of Contract Award TDB
Subrecipient must expend 100% of public service contract funds June 30, 2025
I. Proposal Content
Prospective Subrecipients must submit a proposal using the format attached to this RFP in Exhibit 3, which is attached hereto and incorporated by this reference. Subrecipients must include answer all of the questions or indicate not applicable. Any proposals that do not have a response to each inquiry in Exhibit 3 may be considered incomplete and non-responsive.
Prospective Subrecipients are responsible for preparing and timely submitting an effective, clear, and concise proposal. Proposals must be limited to 25 pages (excluding attachments). Each proposal shall demonstrate the qualifications, competence, and capacity of the prospective Subrecipients to perform the services described within the timeframe in the table above, and in conformity with the requirements of this RFP.
By submitting a proposal in response to this RFP, prospective Subrecipients certify that they take no exceptions to the terms and requirements of this RFP, including the terms of the City’s form Subrecipient Agreement (Exhibit 1).
The selected Subrecipient’s proposal submitted in response to this RFP may become part of the resulting Subrecipient Agreement (Exhibit 1). Any proposed waiver, or change to the resulting Subrecipient Agreement (Exhibit 1) must be clearly identified in Prospective Subrecipient’s proposal. All contracts, and any addenda thereto, shall be subject to the City’s sole discretion and approval. The requirements and service standards of this RFP and the responses of the successful Subrecipients will be incorporated by reference into the resulting agreement regarding the Project. The successful Subrecipient shall enter into a contract within 30 calendar days of the City’s Notice of Award in substantially the same form as Exhibit 1.
J. Selection Process
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Proposals will be analyzed and the award made to the most responsive and responsible bidder whose proposal conforms to the solicitation and whose proposal is considered to be most advantageous to the City.
Criteria Percentages
Agency Information, Capacity and Experience 25%
Project Description 45%
Financial Information 20%
City’s Priority Needs 10%
TOTAL 100%
The City will act as the sole judge of the merit and qualifications of the materials and services offered and accept whatever proposal is deemed to be in the best interest of the City. The award of the contract will be all or nothing to one bidder. The City reserves the right to:
1. Reject any or all proposals;
2. Request clarification of any submitted information;
3. Waive any informalities or irregularities in any proposal;
4. Not enter into any contract;
5. Cancel this process at any time;
6. Amend this process at any time;
7. Enter into negotiations with one or more Subrecipients; and/or
8. Issue similar solicitations in the future; or request additional information from prospective Subrecipients.
K. General Conditions
PLEASE READ CAREFULLY. THE FOLLOWING GENERAL TERMS AND CONDITIONS ARE
A PART OF ALL PROPOSALS SUBMITTED IN RESPONSE TO THIS R FP AND THE RESULTING CONTRACT.
This RFP as advertised, the specification requirements detailed in this RFP (including the following General Provisions) are subject to all provisions of the Ordinances of the City of Escondido. Each prospective Subrecipient submitting a response to this RFP warrants that the submitted proposal is genuine and non -collusive, or made in the interest of any person, firm, company, or corporation. The Subrecipient must submit all of the documents listed in Exhibit 3, including the Environmental Review Section (attached to this RFP as Exhibit 4). A non-collusion declaration shall be properly completed and returned with the proposal documents. The non - collusion declaration form is attached to this RFP as Exhibit 5 and incorporated herein by this reference.
In submitting a proposal in response to this RFP, each prospective Subrecipient agrees to the following general terms and conditions:
1. Public Information: The City reserves the right to retain all proposals submi tted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal in response to this RFP indicates the prospective subrecipient’s acceptance of all terms and conditions contained in this RFP, including all exhibits and attachments hereto, unless clearly and specifically stated otherwise.
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2. Confidential Information: Any information deemed confidential or proprietary should be clearly identified by the prospective Subrecipient as such. Information identified as confidential or proprietary will be protected and treated with confidentiality to the extent permitted by applicable local, state, and federal law.
3. Addendums: The City reserves the right to amend, alter, or revoke this RFP at any time. Any modifications, clarification, or additions will be distributed via email as an addendum.
4. Proposal Preparation Cost : The City is not obligated to reimburse any prospective Subrecipient for expenses incurred in preparing proposals in response to this RFP. All Prospective Subrecipients shall bear their own costs, fees, and expenses incurred in preparing proposals in response to this RFP.
5. Withdrawal of Proposal: A prospective Subrecipient may modify or withdraw their proposal, either personally or by written request via email, at any time prior to the Submission Deadline.
Such requests should be directed to the City’s Project Manager.
6. Inaccuracies or Misinterpretations: Subject to the City’s sole discretion, the City may terminate a prospective Subrecipient from the RFP process or terminate any agreement with the Prospective Subrecipient if the City determines that said Pr ospective Subrecipient has: (i) made a material misstatement, (ii) made a material misrepresentation, or (iii) provided materially inaccurate information.
7. Optional Items: Prospective Subrecipients may elect to provide recommendations and pricing for opt ional items. Pricing for optional items shall not be included in the minimum requirements pricing.
8. Business License: The successful Subrecipient shall be required to obtain a City of Escondido Business License pursuant to the terms of Exhibit 1.
9. Signature: All proposals shall be signed in the name of the prospective Subrecipient and shall bear the original signature in longhand of the persons duly authorized to sign the proposal.
Obligations assumed by such signature shall be fulfilled.
10. Right to Reject Proposal: The City reserves the right to reject any or all proposals, to waive any non-material irregularities or information in any proposal, and to accept or reject any items or combination of items. The City is not obligated to explain or justify its selection or rejection of any Prospective Subrecipient. All proposals submitted in response to this RFP shall immediately become property of the City.
11. Right to Conduct Personal Interviews : The City reserves the right to conduct personal interviews or require oral presentations of any or all prospective Subrecipients prior to selection.
12. Right to Request Additional Information : Prospective Subrecipients shall furnish additional information as the City may reasonably require. The City reserves the right to investigate the qualifications of prospective Subrecipients as it deems appropriate.
13. Right to Determine Financial Responsibility and Viability: The City reserves the right to request Attachment "1"
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information pertaining to the financial stability of a prospective Subrecipient to allow an appraisal of a prospective Subrecipient’s current financial condition.
14. Understanding the Services to be Performed: By submitting a proposal in response to this RFP, each prospective Subrecipient certifies that they have fully read and understand this RFP and have full knowledge of the scope, nature, quantity, and quality of services to be performed. Each prospective Subrecipient understands that, if successful, they will be required to enter into a written contract in substantially the same form as Exhibit 1.
15. Award of Contract: Proposals submitted in response to this RFP will be analyzed and the contract awarded to the responsible prospective Subrecipient whose proposal conforms to this RFP and is considered to be the most advantageous to the City, taking into consideration not just the proposal price, but also the evaluation criteria set forth in this RFP. If the prospective Subrecipient does not execute a contract in substantially the same form as Exhibit 1 within 30 days after notification of award, the City may, subject to its sole discretion, (i) give notice to the Prospective Subrecipient of the City's intent t o select from the remaining Prospective Subrecipients or (ii) issue a new RFP for the services.
16. Contract Funding: The City’s funding of any agreement resulting from this RFP shall be subject to applicable appropriations. Prospective Subrecipient acknowledges that the City is a municipal corporation, is precluded by the State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this RFP shall constitute an obligation of f uture legislative bodies of the City or State to appropriate funds for any agreement resulting from this RFP. Accordingly, prospective Subrecipients acknowledge and agree that the funding for any agreement resulting from this RFP shall be contingent upon appropriation of funds.
17. City Provisions to Prevail: The terms of this RFP and the terms of any agreement resulting from this RFP shall govern the services. Any standard terms and conditions of the successful Subrecipient shall not be acceptable to the Ci ty unless expressly agreed to by the City by separate document. The City reserves the right to reject a proposal containing unacceptable conditions as non-responsive as a condition of evaluation or award of the proposal.
18. Equal Employment Opportunity: The Subrecipient awarded the project shall comply with all equal employment opportunity provisions of federal, state, and local non-discrimination laws, orders, regulations and guidelines as may be applicable to the Subrecipient and be in effect during the performance of any agreement resulting from this RFP.
19. Subrecipient Agreement: Subrecipients submitting a proposal in response to this RFP shall be prepared to use the City’s standard contract form (Exhibit 1) rather than its own contract form. Services may not commence until Agreement for services is executed.
20. Prospective Subrecipient’s Invoices: Invoices shall be prepared and submitted to the Housing & Neighborhood Services, ATTN: Dulce Salazar, 201 N. Broadway, Escondido, CA 92025 or via email to [email protected]. Invoices shall be submitted on a monthly basis and contain the following information: Purchase Order number, description of services rendered, rates, quantities, extended totals, and remaining balances. Invoices should include all applicable sales or other taxes, and shall be remitted to appropriate agencies on the City’s behalf. All payments made pursuant to this contract are not assignable and shal l only be made payable to the seller.
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21. Payment Terms: The City’s payment terms are within 30 days from date of received invoice.
Additional time may be allotted for payment if the invoice the City deems the incomplete or has outstanding questions regarding pending charges. No pre-payment or partial up front down payment will be made for any services or equipment. The time period allowed for payment, as indicated on the face hereof or offered by quote, bid, or proposal shall commence upon receipt of Prospective Subrecipient’s invoice or upon receipt of the goods or services, whichever is later.
22. Insurance Requirements: The successful Subrecipient must have insurance in accordance with the requirements listed in Exhibit 1.
(CONTINUED ON FOLLOWING PAGE)
23. Public Agency Clause : It is intended that other public agencies (e.g., city districts, public authorities, municipal utilities, public school districts and other political subdivisions or public corporations of California) shall have the option to participate in any award made as a result of this solicitation. The City shall incur no financial responsibility for their order placement and payments to the successful Subrecipient. This option shall not be considered in proposal evaluation. State whether said option is granted:
______________ ______________
YES NO
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EXHIBIT 1
SUBRECIPIENT AGREEMENT
between
CITY OF ESCONDIDO
and
[NON-PROFIT or FOR-PROFIT ORGANIZATION NAME]
for
[PROJECT TITLE]
This SUBRECIPIENT AGREEMENT (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”) by and between the City of Escondido, a California municipal Corporation (“Grantee”) and [ NONPROFIT/FOR-PROFIT NAME/DESIGNATION] (“Subrecipient”). (The City and Subrecipient may each individually be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds.
NOW, THEREFORE, the Parties mutually agree as follows:
I. SCOPE OF SERVICE
A. Activities. The Subrecipient shall be responsible for administering a Community Development Block Grant (“CDBG”) Year 50 program titled, [ Project Title] in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program shall include the activities eligible under the CDBG program that are specified in Exhibit A of this Agreement, which is attached hereto and incorporated herein by this reference (“Activities”).
B. National Objectives.
1. All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low - and moderate -income persons; aid in the pre vention or elimination of slums or blight; or meet community development needs having a particular urgency, as further described in 24 C.F.R. § 570.208.
2. The Subrecipient certifies that the Activities carried out under this Agreement will meet the National Objective of [________________].
C. Levels of Accomplishment – Goals and Performance Measures . The levels of accomplishment may include such measures as units rehabilitated, persons or households assisted, or meals served, and should include periods for performance. The Subrecipient agrees to provide certain levels of program services, as set forth in Exhibit A of this Agreement.
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D. Staffing. Subrecipient shall be responsible for staff and time to be allocated to each of the Activities, as set forth in Exhibit A of this agreement.
E. Performance Monitoring. The Grantee will monitor the performance of the Subrecipient against the goals and performance standards stated within this Agreement. Substandard performance as determined by the Grantee shall constitute noncompliance with this Agreement. If the Subrecipient does not take action to correct such substandard performance within 30 days after being notified by the Grantee, Grantee may suspend or terminate this Agreement pursuant to the procedures described herein.
II. TIME OF PERFORMANCE
A. The Subrecipient’s performance of the Activities shall commence on [________________] and end on [_______________].
B. The term of this Agreement shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including any program income as defined by 24 C.F.R. § 570.500 (“Program Income”).
III. BUDGET
A. Subrecipient shall adhere to the budget specified in Exhibit B, which is attached he reto and incorporated herein by this reference (“Budget”).
B. Any indirect costs charged must be consistent with the conditions of Paragraph IX(C)(2) of this Agreement.
C. The Grantee may require a more detailed Budget breakdown than what is contained in Exhibit B, and the Subrecipient shall provide such supplementary Budget information in a timely fashion in the form and content prescribed by the Grantee. Any changes to the Budget may only be made by written amendment signed by both the Grantee and the Subrecipient
IV. PAYMENT
A. The total amount to be paid by the Grantee under this Agreement shall not exceed [_________________].
B. Drawdowns for the payment of eligible expenses shall be made against line items specified in the Budget and in accordance with Subrecipient’s performance of the Activities. Expenses for general administration shall also be paid against line items specified in the Budget and in accordance with Subrecipient’s performance of the Activities.
C. Payments to the Subrecipient are contingent upon the U.S. Department of Housing and Urban Development’s (“HUD”) delivery of payment to the Grantee.
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D. Payments to the Subrecipient may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 2 C.F.R. § 200.302.
V. NOTICES
A. All notices required by this Agreement shall be in writing and delivered to the appropriate Party via mail (postage prepaid), commercial courier, or personal delivery, or sent by e - mail.
B. All communications and details concerning this Agreement shall be directed to the following representatives:
If to the Grantee
City of Escondido
201 N. Broadway
Escondido, CA 92025
Attn: Dulce Salazar
[email protected]
760-839-4057
If to the Subrecipient
[______________
_______________
_______________
_______________
_______________
_______________]
VI. GENERAL CONDITIONS
A. General Compliance.
1. The Subrecipient shall comply with the requirements of 24 C.F.R. Part 570 (HUD regulations concerning CDBG), including Subpart K of such regulations, except that (1) the Subrecipient does not assume the recipient’s environmental responsibilities described in 24 C.F.R. § 570.604 and (2) the Subrecipient does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52.
2. The Subrecipient shall comply with all applicable federal, state, and local laws, regulations, and policies governing the funds provided under this Agreement.
3. The Subrecipient shall utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
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B. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Parties. The Subrecipient is an independent contractor and no agency or employment re lationship, either express or implied, is created by the execution of this Agreement. The performance of the Activities is an integral part of the regular business operations of the Subrecipient. The Subrecipient shall have exclusive control over all work performed by its employees and the manner in which it is performed and shall determine the method, details, and means of performing the Activities. In addition to any other indemnification required by the Subrecipient under this Agreement, the Subrecipi ent indemnifies Grantee for any claims, losses, costs, fees, liabilities, damages, or injuries suffered by the Grantee arising out of the Subrecipient’s breach of this section.
C. Grantee Recognition. The Subrecipient shall insure recognition of the role of the Grantee in the Subrecipient’s performance of the Activities through this Agreement. Any activity, facility, or item utilized pursuant to this Agreement shall be prominently labeled as to its funding source. In addition, the Subrecipient shall include a reference to the support provided in this Agreement in all publications made possible with funds made available under this Agreement.
D. Amendment.
1. The Grantee or the Subrecipient may amend this Agreement at any time provided that such amendment makes specific reference to this Agreement; is executed in writing and signed by a duly authorized representative of each Party; and is approved by the Grantee’s governing body.
2. The Grantee may, in its discretion, amend this Agreement to comply with federal, state, or local laws, regulations, guidelines, or policies, except that if any such amendment results in a change in the funding or the Activities under this Agreement, such amendment may be made only by written amendment signed by both the Grantee and the Subrecipient as otherwise required by this Agreement.
VII. INDEMNIFICATION, BONDING, INSURANCE
A. Indemnification, Duty to Defend, and Hold Harmless . The Subrecipient (including the Subrecipient’s agents, employees, and subcon tractors, if any) shall hold harmless, defend, and indemnify the Grantee, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’ s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with the Subrecipient’s (including the Subrecipient’s agents, employees, and subcontractors, if any) performance of the Activities or its failure to comply with any of its obligations contained in this Agreement, except where caused by the active negligence, Attachment "1"
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sole negligence, or willful misconduct of the Grantee. This provision shall survive the termination of this Agreement.
B. Bonding. The Subrecipient shall comply with the bonding requirements of 2 C.F.R. § 200.325. The Subrecipient as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee.
C. Insurance.
1. The Subrecipient shall comply with the insurance requirements of 2 C.F.R. §§ 200.310 and 200.447.
2. The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud, and undue physical damage.
3. The Subrecipient shall procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Activities, and the results of such work, by the Subrecipient, its agents, representatives, employees, or subcontracts. Insurance coverage shall be at least as broad as the following:
a. Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence, $4,000,000 general aggregate.
b. Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if the Subrecipient has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the Grantee and approved in writing by the Grantee’s Risk and Safety Division.
c. Workers’ Compensation . Workers’ Compensation as required by the state of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
d. Professional Liability (Errors and Omissions) . Professional Liability (Errors and Omissions) appropriate to the Subrecipient’s professions, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
e. If the Subrecipient maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the Grantee requires and shall be entitled to the broader coverage and/or the higher lim its maintained by the Subrecipient.
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4. Each insurance policy required by this Agreement must be acceptable to the Grantee’s City Attorney and shall meet the following requirements:
a. Acceptability of Insurers . Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-:VII, or as approved by the Grantee.
b. Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the Grantee (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
c. Primary Coverage . The Subrecipient’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the Grantee, its officials, officers, agents, employees, and volunteers. Any insurance or self - insurance maintained by the Grantee, its officials, officers, agents, employees, or volunteers shall be in excess of the Subrecipient’s insurance and shall not contribute with it.
d. Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the Grantee.
e. Subcontractors. If applicable, the Subrecipient shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and the Subrec ipient shall ensure that the Grantee (including its officials, officers, agents, employees, and volunteers) is an additional insured of any insurance required from a subcontractor.
f. Waiver of Subrogation. The Subrecipient hereby grants to the Grantee a wa iver of any right to subrogation that any insurer of the Subrecipient may acquire against the Grantee by virtue of the payment of any loss under such insurance. The Subrecipient agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but his subsection shall apply regardless of whether or not the Grantee has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subro gation in favor of the Grantee for all work performed by the Subrecipient, its agents, representatives, employees, and subcontractors.
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g. Self-Insurance. The Subrecipient may, with the Grantee’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self-insurance. The Subrecipient shall only be permitted to utilize such self-insurance if, in the opinion of the Grantee, the Subrecipient’s (i) net worth and (ii) reserves for payment of claims of liability against the Subrecipient are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. The Subrecipient’s utilization of self -insurance shall not in any way limit the liabilities assumed by the Subrecipient pursuant to this Agreement.
h. Self-Insured Retentions . Self -insured retentions must be declared to and approved by this Grantee.
5. Verification of Coverage. At the time the Subrecipient executes this Agreement, the Subrecipient shall provide the Grantee with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The Grantee reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time.
6. Special Risks or Circumstances. The Grantee reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage the Subrecipient must maintain, and any approval of such insurance by the Grantee, are not intended to and shall not in any manner limit or qualify the liabiliti es and obligations otherwise assumed by the Subrecipient pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification.
8. Failure to comply with any of the insurance requirements in this Agreement, including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that the Subrecipient fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the Grantee may have, the Grantee may, at its sole option, (i) immediately terminate this Agreement, or (ii) order the Subrecipient to stop work under this Agreement and/or withhold any payment that becomes due to the Subrecipient until the Subrecipient demonstrates compliance with the insurance requirements in this Agreement.
VIII. TERMINATION
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A. Suspension or Termination. The Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with a ny terms of this Agreement, which may include (but is not limited to) the following:
1. Failure to comply with any of the federal, state, or local laws, regulations, executive orders, HUD guidelines, policies, or directives referred to herein, or any federal , state, or local laws, regulations, executive orders, HUD guidelines, policies, or directives that may become applicable to this Agreement at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement, as determined by Grantee in its sole discretion;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee a report that is incorrect or incomplete in any material respect.
B. The Grantee shall have the right to terminate this Agreement immediately or withhold payment of invoice for failure of the Subrecipient to comply with the terms and conditions of this Agreement. If the Grantee decides to terminate this Agreement, after a full evaluation of all circumstances has been completed, the Subrecipient shall, upon written request, have the right to an appeal process. The Grantee shall attach a copy of the appeal process to any termination notice.
C. If the Grant ee finds that the Subrecipient has violated any term or condition of this Agreement, the Subrecipient shall be required to:
1. Repay all monies received from the Grantee under this Agreement; and
2. Transfer possession of all materials and equipment purchased with grant money to the Grantee.
D. In the case of early termination, the Grantee may make a final payment to the Subrecipient upon receipt of a Final Report and invoices covering eligible costs incurred prior to such termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement.
E. Termination for Convenience. This Agreement may be terminated for convenience by either Party, in whole or in part, by setting forth the reasons for such term ination, the effective date of such termination, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish th e purpose for which the award was made, the Grantee may terminate the Agreement in its entirety. Grantee and Subrecipient agree to provide written notice to the other party within 30 days prior to the effective date of any termination for convenience. In the event that HUD withdraws any portion of the City’s CDBG funds, the City shall not be obligated to reimburse the Subrecipient for any activity expense incurred and may recover reimbursed amounts already paid. The Grantee shall notify the Subrecipient if such event by HUD occurs.
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IX. ADMINISTRATIVE REQUIREMENTS
A. Financial Management.
1. Accounting Standards. The Subrecipient shall comply with 2 C.F.R. Part 200 and shall adhere to the accounting principles and procedures required therein, including following Generally Accepted Accounting Principles (GAAP) as defined in 2 C.F.R. § 200.49. The Subrecipient shall utilize adequate internal controls and maintain necessary source documentation for all costs incurred.
2. Single Audit. The Subrecipi ent shall comply with 2 C.F.R. Part 200.501. Any Subrecipient who expends $750,000 or more in Federal federals during a fiscal year must complete a single audit. This requirement does not apply for for -profit Subrecipients as the pass -through agency is res ponsibility requirements, as necessary, to ensure compliance by any for-profit Subrecipients.
3. Cost Principles. The Subrecipient shall administer its program in conformance with 2 C.F.R. Part 200, Subpart E. These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis.
B. Documentation and Record Keeping.
1. Records to Be Maintained. The Subrecipient shall maintain all records required by the regulations specified in 24 C.F.R. § 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but shall not be limited to:
a. records providing a full description of each activity undertaken;
b. records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c. records required to determine the eligibility of activities;
d. records required to document the acquisition, improvement, use, or disposition of real property acquired or improved with CDBG assistance;
e. records doc umenting compliance with the fair housing and equal opportunity components of the CDBG program;
f. financial records as required by 24 C.F.R. § 570.502; and
g. other records necessary to document compliance with Subpart K of 24 C.F.R. Part 570.
2. Retention. The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee’s annual performance and evaluation report to HUD in which the activities assisted Attachment "1"
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under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations, or other actions that involve any of t he records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.
3. Client Data. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but shall not be limited to, client name, address, income level, or any other basis for determining eligibility, and description of service provided. Such information shall be made available to the Grantee monitors or their designees for review upon request.
4. Disclosure. The Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipient’s responsibilities under t his Agreement, may be prohibited by state and federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs. The Subrecipient’s obligation to the Grantee shall not end until all close- out requirements are completed. Close -out requirements shall include, but are not limited to: making final payments; disposing of program assets (including the return of all unused materials, equipment, unspent cash ad vances, Program Income balances, and accounts receivable to the Grantee); and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control o ver CDBG funds, including program income.
6. Audits & Inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States, o r any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by t he Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the audit requirements within this Agreement shall constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and 2 C.F.R. Part 200, Subpart F.
7. Additional Documentation. The Subrecipient shall provide further docum entation as the Grantee may request in relation to the requirements of this Agreement.
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C. Reporting and Payment Procedures.
1. Program Income. The Subrecipient shall report quarterly all Program Income. The Subrecipient may use such Program Income during the term of the Agreement for the Activities and shall reduce requests for additional funds by the amount of any such Program Income balance on hand. All unexpended Program Income shall be returned to the Grantee at the end of the term of the Agreement, or as otherwise provided herein if the Agreement is terminated early. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not Program Income and shall be remitted promptly to the Grantee. The use of Program Income by the Subrecipient shall comply with the requirements set forth in 24 C.F.R. § 570.504.
2. Indirect Costs. If indirect costs are charged, the Subrecipient shall develop an indirect cost allocation plan for determining the Subreci pient’s appropriate share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee.
4. Payment Procedures. The Grantee shall pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with the approved Budget and Grantee policy concerning payments. With the exception of certain advances, payments shall only be made for eligible expenses actually incurred by the Subrecipient, and n ot to exceed actual cash requirements.
Payments shall be adjusted by the Grantee in accordance with advance fund and Program Income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the Grantee on behalf of the Subrecipient.
4. Progress Reports . The Subrecipient shall submit regular progress reports to the Grantee in the form, content, and frequency required by the Grantee.
D. Procurement.
1. Compliance. The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment, including but not limited to any such policies articulated in Chapter 10 of the Escondido Municipal Code, and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided under this Agreement. All program assets (e.g., unexpended Program Income, property, equipment) shall revert to the Grantee upon termination of this Agreement.
2. Standards. Unless specified otherwise within this Agreement, the Subrecipie nt shall procure all materials, property, or services in accordance with the requirements of 2 C.F.R. §§ 200.318-326.
3. Travel. The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets.
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1. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 C.F.R. §§ 570.502-504, as applicable.
2. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
3. Real property under the Subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement, or such longer period of time as the Grantee approves in writing. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fai r market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute Program Income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five -year period, or such longer period of time as the Grantee approves in writing.
4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be Program Income (prorated to reflect the extent that funds received under this Agreement were used to acquire the equipment).
Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee, an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment.
X. RELOCATION, REAL PRO PERTY ACQUISITION, AND ONE -FOR-ONE HOUSING
REPLACEMENT
A. The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and its implementing regulations at 49 C.F.R. Part 24 and 24 C.F.R. § 570.606(b); (b) the requirements of 24 C.F.R. § 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 C.F.R. § 570.606(d) governing optional relocation policies.
B. The Subrecipient shall provide relocation assistance to displaced persons, as defined in 24 C.F.R. § 570.606(b)(2), whom are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG -assisted project. The Subrecipient also agrees to comply with any applicable Grantee ordinances, resolutions, and policies concerning the displacement of persons from their residences.
XI. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights.
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1. Compliance. The Subrecipient agrees to comply with local and state civil rights laws and regulations, including but not limited to the Unruh Civil Rights Act, California Civil Code § 51, and the Fair Employment and Housing Act, California Government Code section 12900 et seq. The Subrecipient also agrees to comply with Title VI of the Civil Rights Act of 1964, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended (“HCDA”); Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975; Executive Order 11063, as amended; Executive Order 11246, as amended, and of the rules, regulations, and relevant orders of the United States Secretary of Labor.
2. Nondiscrimination. The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 C.F.R. § 570.607, as revised by Executive Order 13279. The applicable non -discrimination provisions in Section 109 of the HCDA are still applicable.
3. Land Covenants. This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and 24 C.F.R. §§ 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, the Subrecipient shall cause or require a covenant running with the land to be inserted within the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate.
4. Section 504. The Subrecipient agrees to comply with all federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), which prohibits discrimination agains t the individuals with disabilities or handicaps in any federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.
5. Executive Order 11246 (Nondiscrimination Provisions) . During the performance of this Agreement, the Subrecipient agrees as follows:
a. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, or an individual’s status in any group or class protected by applicable federal, state, or local laws. The Subrecipient will take affirmative action to ensure that a pplicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, or an individual’s status in any group or cla ss protected by Attachment "1"
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applicable federal, state, or local laws. 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 fo rms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
b. The Subrecipient will, in all solicitations or advancements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, or an individual’s status in any group or class protected by applicable federal, state, or local laws.
c. The Subrecipient 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. T his provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or appli cants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by th e employer, or is consistent with the Subrecipient’s legal duty to furnish information.
d. The Subrecipient will send to each labor union, or representative of workers with whom the Subrecipient has a collective bargaining agreement or other contract or other understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient’s commitments under Section 202 of Executive Order 11246, as amended, and any other commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. The Subrecipient will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the United States Secretary of Labor.
f. The Subrecipient will furnish and cause each of its own Subrecipients or subcontractors to furnish all information and reports required by Executive Order 11246, as amended; the rules, regulati ons, and relevant orders of the United States Secretary of Labor; and any such information or reports otherwise required hereunder, and will permit access to its books, records, and accounts by the Grantee, HUD or its agent, the United States Secretary of Labor, or other Attachment "1"
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authorized federal officials for purposes of investigation to ascertain compliance with such rules, regulations, and orders, and the provisions stated herein.
g. In the event of the Subrecipient’s noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with proce dures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provide in Executive Order 11246 of September 24, 1965, as amended, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law.
h. The Subrecipient will include the provisions of Section XI(A)(5)(a) -(h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as may be directed by the United States Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Subrecipient becomes involved in, or is threatened with, litigation wit h a subcontractor or vendor as a result of such direction, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States.
B. Affirmative Action.
1. Approved Plan . The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1965, as amended. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, consistent with the Affirmative Action Program Policy articulated in Exhibit C, which is attached hereto and incorporated herein by this reference.
2. Women- and Minority-Owned Businesses. The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreeme nt, the term “small business” shall mean a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. § 632), and the terms “minority business enterprise” and “women’s business enterprise” shall mean a busin ess at least 51% owned and controlled by minority group members or women, as further defined in 15 U.S.C. § 632(n). For the purpose of this definition, “minority group members” are such groups including but not limited to African Americans, Hispanic Americans, Native Americans, Indian tribes, Asian Pacific Americans, Native Hawaiian Organizations, and other minorities. The Subrecipient may rely on written representations by a business Attachment "1"
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regarding its status as a women’s business enterprise or minority business enterprise in lieu of an independent investigation.
3. Prior Discrimination . The Subrecipient shall comply with 24 C.F.R. §§ 570.506, 570.602, and 24 C.F.R. Part 6, with respect to affirmative action necessary to overcome the effects of prior discrimina tion, if any, and such affirmative action shall be incorporated into the Subrecipient’s Affirmative Action Program.
C. Employment Restrictions.
1. Prohibited Activity. The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities.
2. Labor Standards.
a. The Subrecipient shall comply with the requirements of the Secretary of La bor in accordance with the Davis -Bacon Act, as amended; the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. § 327 et seq.); and all other applicable federal, state, and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient shall comply with the Copeland Anti-Kick Back Act (18 U.S.C. § 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 C.F.R. Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request.
b. The Subrecipient, except with respect to the rehabilitation or cons truction of residential property containing fewer than eight (8) units, all contractors engaged under contracts in excess of $2,000 for construction, renovation, or repair work financed in whole or in part with assistance provided under this Agreement, sha ll comply with federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 C.F.R. Parts 1, 3, 5, and 7 governing the payment of wages and ratio of app rentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts s ubject to such regulations, provisions meeting the requirements of this paragraph.
c. Workers’ Compensation and Safety. The Subrecipient shall comply with all federal and state workers’ compensation and safety laws, including but not limited to the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto, and all similar and applicable state or federal acts or laws.
3. “Section 3” Clause.
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a. Compliance.
(i.) Where the Subrecipient receives CDBG funds for work arising in connection with housing rehabilitation, housing construction, or other public improvements, compliance with the provisions of Section 3 of the HUD Act of 1968, 12 U.S.C. § 1701u, as amended (“Section 3”), and as implemented by the regulations set forth in 24 C.F.R. Part 75, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the federal financial assistance provided under this Ag reement and binding upon the Grantee, the Subrecipient, and any of the Subrecipient’s Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient, and any of the Subrecipient’s Subrecipients and subcontractors, and their successors and assigns, to those sanctions specified by the agreement through which federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.
(ii.) The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
(iii.) The Subrecipient shall comply with the “Section 3” requirements referenced in this Agreement and shall include the following language in all subcontracts executed under this Agreement:
“The work to be performed under this Agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low- and very -low-income residents of the project area, and that contracts for work in connection with the pr oject be awarded to business concerns that provide economic opportunities for low- and very-low-income persons residing in the metropolitan area in which the project is located.”
(iv.) The Subrecipient shall ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low - and very-low-income persons residing within the metropolitan area in which the CDBG -funded project is located; where feasible, shall give priority to low- and very-low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very-low-income participants in other HUD programs; and shall award contracts for work undertaken in connection with a housing Attachment "1"
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rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very-low- income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, shall give priority to business concerns that provide economic opportunities to low- and very-low-income residents and very-low-income participants in other HUDG programs.
(v.) The Subrecipient certifies and agrees that any vacant employment positions, including training positions, that are filled (1) after the Subrecipient is selected but before this Agreement is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 75 require employment opportunities to be directed, were not filled to circumvent the Subrecipient’s obligations under 24 C.F.R. Part 75.
(vi.) The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.
b. Notifications. The Subrecipient shall send to each labor organization or representative of workers with whom the Subrecipient has a collective bargaining agreement or other contract or understanding, if any, a notice advising such labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
c. Subcontracts. The Subrecipient shall include this Section 3 clause in every subcontract and shall take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient shall not subcontract with any entity where the Subrecipient has notice or knowledge that the entity has been found in violation of regulations under 24 C. F.R. Part 75 and shall not let any subcontract unless the entity has first provided the Subrecipient with a preliminary statement of ability to comply with the requirements of these regulations.
D. Conduct.
1. Assignability. The Subrecipient shall not assign or transfer any interest in this Agreement without the Grantee’s prior written consent; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee.
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2. Subcontracts.
a. Approvals. The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the Grantee’s prior written consent.
b. Monitoring. The Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow- up actions taken to correct areas of noncompliance.
c. Content. The Subrecipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.
d. Selection Process . The Subrecipient shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with any documentation concerning the selection process.
3. Hatch Act. The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.
4. Conflict of Interest . The Subrecipient shall abide by the provisions of 24 C.F.R. § 570.611, which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by federal funds.
b. No employee, officer, or agent of the Subrecipient shall participate in the selection, award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved.
c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG -assisted activities, or who are in a position to participate in a decision-making process or gain inside information with rega rd to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG - assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, Attachment "1"
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agent, consultant , officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.
5. Lobbying. The Subrecipient hereby certifies that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement;
b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and
c. The Subrecipient will require that the certification language expressed in subparagraph (d) 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:
d. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certifi cation is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. 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.
6. Copyright. If this Agreement results in the creation or production of any copyrightable work, material, or invention, the Grantee and grantor agency reserves the right to a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, such work, material, or invention for governmental purposes.
7. Religious Activities . The Subrecipient agrees that funds provided under this Agreement shall not be utilized for inherently religious activities prohibited by 24 C.F.R. § 570.200(j), such as worship, religious instruction, or proselytization.
XII. ENVIRONMENTAL CONDITIONS
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A. Air and Water. The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
1. Clean Air Act, 42 U.S.C. § 7401 et seq., as amended, and all regulations and guidelines issued thereunder;
2. Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as amended, and all regulations and guidelines issued thereunder, including but not limited to the requirements within 33 U.S.C. § 1318 relating to inspection, monitoring, entry, reports, and information; and
3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50, as amended.
B. Flood Disaster Protection . In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), the Subrecipient shall ensure that for activities located in an area identified by the Federal Emergency Management Act (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).
C. Lead-Based Paint . The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 C.F.R. § 570.608, and 24 C.F.R. Part 35, Subpart B. Such regulations pertain to all CDBG -assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property, paint testing, risk assessment, treatmen t, and/or abatement may be conducted.
D. Historic Preservation. The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, 16 U.S.C. § 470, as amended, and the procedures set forth in 36 C.F.R. Part 800, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are 50 years old or older, or that are included on a federal, state, or local historic property list.
XIII. MISCELLANEOUS
A. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidi ty, waiver, or unenforceability of any provisions of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.
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B. 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 Parties concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or propo sed agreements, written 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.
C. 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.
D. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the Grantee because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the Grantee, in whole or in part.
E. Attorney’s Fees and Costs. In any action to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs.
F. Multiple Copies of Agreement s/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, including an attachment to an email, shall be effective as delivery of an executed original. An electronic signature shall be acceptable and deemed to have the same legal effect as a handwritten signature.
G. Provisions Cumulative. The provisions in this Agreement are cumulative to, in addition to, and not in limitation of any other rights or remedies available to the Grantee.
H. Business License. The Subrecipient shall obtain a City of Escondido Business License prior to execution of this Agreemen t and shall maintain such Business License throughout the term of this Agreement.
I. Compliance with Laws, Permits, and Licenses . The Subrecipient shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement, including but not limited to any such laws, statutes, codes, ordinances, regulations, and other legal requirements expressly referenced in this Agreement. The Subrecipient shall obtain any and all permits, licenses, and other authorizations necessary to perform the Activities. Neither the Grantee, nor any Attachment "1"
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elected or appointed boards, officers, officials, employees, or agents of the Grantee, shall be liable, at law or in equity, as a result of any failure of the Subrecipient to comply with this paragraph.
J. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution se t 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: __________________ ___________________________________ Deputy City Manager
[SUBRECIPIENT COMPANY NAME]
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.
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Subrecipient Agreement
Scope of Work Example
A. General
This section should include a general statement about the purpose/objective of the contract, including what is being done under the contract and who is doing it.
Example: Company, Inc., a California corporation (“ Subrecipient”) will provide the City of Escondido, a California municipal corporation (“City”) with [type of service(s)] service(s).
B. Location
This section should include the location(s) where the contract will be performed.
Example: Contractor will provide services at the City’s facility located at 4321 1st Avenue, Escondido, CA 92029.
C. Services
This section should describe the services the Contractor/Consultant is to provide to the City, dividing the services into separate tasks if applicable.
Example:
a. Provide shelter to 150 unhoused residents within the City of Escondido; b. Help 50 residents exit emergency shelter into permanent housing; c. Serve 200 seniors 62+ living in the City of Escondido with healthy nutritious meals 2x a day through a meal delivery program;
d. Capital improvement project – Example: Replace an existing playground structure with a new playground structure; and
e. Create written policies and procedures for determining and prioritizing treatment for the mental health of unhoused residents.
D. Scheduling and Coordination
Inquires relating to this Agreement, including scheduling and necessary coordination with City staff, may be directed to Dulce Salazar at 760-839-4057 or [email protected]
E. Payment Terms and Schedule
The total contract price of the Agreement shall not exceed [$DollarAmount]. Invoices must be submitted by the 15 th of each month after the services have been performed; payments will be paid after all expense documentation, requisite program participation, and milestone report documents are reviewed, and within 30 days of receipt of invoice for those services. The contract price of this Agreement shall comply with the following budget and line item amendments can only be made with the permission of City staff.
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Personnel Expenses Budget Allotment
Staff (Number of Full-Time)
Benefits (What is included)
Non-Personnel Expenses
Program Supplies
Homeless Prevention Assistance
Negotiated Indirect Costs
Total $Dollar Amount
F. Term
The term of this Agreement shall be from the Effective Date of [insert date] through June 30, 2025.
G. Other
Some contracts may include unique requirements or provisions that do not fall within the above general categories (e.g., license/permit requirements, warranties, reference and incorporation of technical specifications or other documents). Any of these unique requirements/provisions should be listed here, or delete this section if not applicable.
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Subrecipient Agreement
Affirmative Action Program Policy
AFFIRMATIVE ACTION PLAN
SUBRECIPIENT: _____________________________________________________________________ STREET ADDRESS: __________________________________________________________________ CITY, STATE, ZIP: ___________________________________________________________________ TELEPHONE NUMBER: _______________________________________________________________ IRS/ID: _____________________________________________________________________________
1. The Subrecipient named above is committed to a policy of Affirmative Action to ensure Equal Employment Opportunity in response to Executive Orders 10925, 11114, and 11246, as amended, and relevant requirements adopted by the City, including all provisions of the Subrecipient Agreement concurrently entered into between the Subrecipient and the City.
2. The official designated by the Subrecipient to be Equal Employment Officer is:
_______________________________.
3. The Subrecipient will document fully its affirmative actions, which will be at least as extensive as the following:
a. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientati on, gender identity or expression, national origin, age, disability, or an individual’s status in any group or class protected by applicable federal, state, or local laws. The Subrecipient will take affirmative action to ensure that applicants are employe d, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, or an individual’s status in any group or class protected by applicable federal, state, or local laws. 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.
b. The Subrecipient will ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the Subrecipient's employees are assigned to work. The Subrecipient, where possible, will assign two or more women to each construction project. The Subrecipient shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of, and carry out, t he Subrecipient's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. c. The Subrecipient will establish and maintain a current list of minority and female recruitment sources and provide written notification to minority and female recruitment sources and to community organizations when the Subrecipient or its unions have employment opportunities available and maintain a record of the organizations' responses.
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d. The Subrecipient will maintain a current file on the names, addresses, and telephone numbers of each minority and female off -the-street applicant and minority organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Subrecipient by the union or, if referred, not employed by the Subrecipient, this shall be documented in the file with the reason therefore, along with whatever additional actions the Subrecipient may have taken. e. The Subrecipient will provide immediate written notification to the Director of Office of Federal Contract Compliance Programs when the union or unions with which the Subrecipient has a collective bargaining agreement has not referred to the Subrecipient a minority person or woman sent by the Subrecipient, or when the Subrecipient has other information that the union referral process has impeded the Subrecipient 's efforts to meet its obligations. f. The Subrecipient will develop on -the-job training opportunities and/or participate in training programs for the area that expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Subrecipient 's employment needs, especially those programs funded or approved by the Department of Labor. The Subrecipient shall provide notice of these programs to the sources compiled under subsection (b) above.
g. The Subrecipient will disseminate the Subrecipie nt 's Equal Employment Opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Subrecipient in meeting its Equal Employment Opportunity obligations; by including the policy in any policy manual and collective bargaining agreement; by publicizing the policy in the company newspaper, annual report, and similar publications; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the policy on bulletin boards accessible to all employees at each location where construction work is performed. h. The Subrecipient will review, at least annually, the company's Equal Employment Opportunity Policy and Af firmative Action obligations with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items with on -site supervisory personnel including but not limited to superintendents and general foremen, prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
i. The Subrecipient will disseminate the Subrecipient's Equal Employment Opportunity policy externally by including it in any advertising in the news media, specifically including minority and female news media and providing written notification to and discussing the Subrecipient's Equal Employment Opportunity policy with other Subrecipients and Contractors with whom the Subrecipient does, or anticipates doing, business.
j. The Subrecipient will direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the Subrecipient's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Subrecipient shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
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k. The Subrecipient will encourage present minority and female employees to recruit other minority persons and women and where reasonable, provide after -school, summer, and vacation employment to min ority and female youth, both on the site and in other areas of a Subrecipient's workforce.
l. The Subrecipient will validate all tests and other selection requirements where there is an obligation to do so.
m. The Subrecipient will conduct, at least annu ally, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. n. The Subrecipient will ensure that s eniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment -related activities to ensure that the Equal Employment Opportunity policy, A ffirmative Action policy, and the Subrecipient's related obligations are being carried out.
o. The Subrecipient will ensure that all facilities and company activities are non -segregated except that separate and single -user toilet and necessary changing fa cilities shall be provided to assure privacy between the sexes.
p. The Subrecipient will document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
q. The Subrecipient will conduct a review, at least annually, of all supervisors' adherence to and performance under the Subrecipient's Equal Employment Opportunity policy and Affirmative Action obligations.
4. Subrecipients, subcontractors, and related cont ractors shall maintain all required records for a period of three years, or until audited, and permit access by the City to all such records.
Signed: ________________________________ Signed: _______________________________ Equal Employment Officer Authorized Officer/Title
Print: __________________________________ Print: _________________________________ Dated: _________________________________ Dated: ________________________________
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EXHIBIT 2
FY 2024-25 Income Limits
FY 2023
Income
Limit
Area
Median
Family
Income
FY 2023
Income
Limit
Category
Persons in Family
1 2 3 4 5 6 7 8
San
Diego -
Carlsbad,
CA MSA
$116,800
Extremely
Low
Income
Limits ($)
28,950
33,100
37,250
41,350
44,700
48,000
51,300
54,600
Very Low
(50%)
Income
Limits ($)
48,250
55,150
62,050
68,900
74,450
79,950
85,450
90,950
Low
(80%)
Income
Limits ($)
77,200
88,200
92,250
110,250
119,100
127,900
136,750
145,550
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EXHIBIT 3
PROPOSAL FORM
Applicant Information, Capacity and Experience (25 points) Organization Name
Unique Entity ID (UEI)
Attach sam.gov
Project Manager/Title
Phone/Fax Numbers
Email
Address
Project/Program Title
Project/Program Address
Type of Agency
(Select)
Non-profit For Profit Faith-based Other
Date of Incorporation
Annual Operating Budget
Number of paid staff and volunteers
Agency Mission Statement
Describe your organization’s capacity to implement the proposed project. Who will manage and be involved in the project (names/titles)? List projects of similar size and scope you have completed.
Has your agency been a Subrecipient of other HUD-related programs (e.g. CDBG, CARES ACT, HOME, ESG) for the City of Escondido or other jurisdictions? If so, explain below.
Briefly describe your agency’s record keeping system (both programmatic and financial) relevant to this proposed project/program?
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Describe your agency’s auditing requirements, including those for the proposed project /program, and attach a copy of your most recent audit from 2023.
Please include the following attachments:
• Proof of Tax-Exempt Status (IRS Letter)
• Articles of Incorporation of Agency
• Request for Taxpayer Identification Number
• Letter from Board of Directors designating authorized agent for the contract • City of Escondido Business License
• Proof of registration in the federal system of award management (sam.gov)
Project/Program Description (45 points)
Provide a brief description of your proposed project.
Why is this project an important need in the community? What data or information have you collected to support this information?
How will your organization educate and conduct outreach to ensure all eligible community members have equitable access to your project?
Please discuss your screening process for incoming referrals. How will you collect backup documentation to ensure participants are low- and moderate-income from the City of Escondido?
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What are the goals and objectives your specific project would like to accomplish? (For example: How many persons/households anticipated to be served?)
If awarded, what is your action plan to quickly, but responsibly expend these CDBG funds within a timely manner?
How you will maintain strong communication with City staff throughout the duration of this contract?
Financial Information (20 points)
Please attach a detailed, line-item budget demonstrating how the CDBG funds will be expended. Include any additional non-CDBG funding that will be included to the project. No matching funds are required.
City Priority Needs (10 points)
Describe in detail how your proposed project will address the City’s priority needs for the CDBG grant program in Fiscal Year 2024-25. If not applicable, please write N/A.
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EXHIBIT 4
ENVIRONMENTAL REVIEW SECTION
FOR COMPLIANCE WITH FEDERAL REGISTER 24 CFR PART 58
Requirement for all CDBG-funded Projects
1. Project Name:
2. Supporting Agency/Representative:
3. Contact Name: Phone/Email:
4. Detailed Project Description Required (separate attachment). Include any details necessary to adequately explain the scope and/or operation of the proposed project. Information required if applicable to the proposed project include:
• Amount of ground disturbance (e.g., total area in SF, vertical and lateral depths in inches/feet)
• For new construction/expansion/rehabilitation:
o Total area (in SF)
o Proposed height
o Proposed Lot coverage and FAR
o Construction information, such as work in the right -of-way, construction duration, quantity of earthwork to be cut/filled, etc.
• For a new use or expansion of an existing use:
o Total existing/proposed staffing levels
o Total existing/proposed clients
o Existing/proposed days and hours of operation
5. Attach photograph or aerial image (e.g., Google Maps) of the site area of disturbance
6. Location of Proposed Site (address):
7. *Assessor Parcel Number:
8. Property Owner Letter of Authorization for scope of work (must be signed by legal property owner):
9. *Zoning and General Plan designation (e.g., PD-R/Urban II):
10. *Is the proposed project a Permitted or Conditional Use for the zone? (If a conditional use, an entitlement through the Planning Division will be required)
11. **Is the site within a 100-year or 500-year floodplain____________________________ If yes, give community number and map panel number: _________________________
12. Size of Site (acres or SF):
13. Size of Facility (proposed or existing): _______
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14. Project Timeline: ____________________________________________________
15. Project Start Date:
16. Amount of Funding Requested:
17. Total Dollar Amount of Project (including CDBG):___________________________
18. Is there more than one funding year involved?
* Information available through City of Escondido’s Planning Department (760) 839 -4671 ** Information available through City of Escondido’s Engineering Department (760) 839 -4651 x3823
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EXHIBIT 5
NON-COLLUSION DECLARATION
TO BE EXECUTED BY PROSPECTIVE SUBRECIPIENT AND SUBMITTED WITH PROPOSAL
The undersigned declares:
The foregoing proposal submitted in response to the City of Escondido’s Request for Proposals 23-26 – Community Development Block Grant Allocation for Subrec ipients Fiscal Year 2023-24 is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. The prospective Subrecipient has not directly or indirectly induced or solicited any other prospective Subrecipient to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any prospective Subrecipient or anyone else to put in a sham proposal, or to refrain from submitting a proposal. The prospective Subrecipient has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the prospective Subrecipient or any other prospective Subrecipient, or to fix any overhead, profit, or cost element of proposal price, or of that of any other prospective Subrecipient. All statements contained in the proposal are true. The prospective Subrecipient has not, directly or indirectly, submitted their proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.
Each individual executing this declaration on behalf of a prospective Subrecipient that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that they have full power to execute, and does execute, this declaration on behalf of the prospective Subrecipient.
I declare under penalty of p erjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________.
Date
___________________________________ ___________________________________ Signature Signature
Title Title
Of Of
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
By: ________________
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STAFF REPORT
May 8, 2024
File Number 0875-70
SUBJECT
2023 HOUSING ELEMENT ANNUAL PROGRESS REPORT
DEPARTMENT
Development Services- Planning Division
RECOMMENDATION
Request for City Council to review and receive the 2023 calendar year annual progress report for the Housing Element of the General Plan and authorize resubmittal of the report to the State Office of Planning and Research, the State Department of Housing and Community Development, and the San Diego Association of Governments.
Staff Recommendation: Receive and File (Department Name: Chris McKinney, Interim Director of Development Services)
Presenter: Pricila Roldan, Associate Planner
ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Encourage Housing Development
FISCAL ANALYSIS
There are no direct fiscal implications associated with this progress report.
PREVIOUS ACTION
On April 9, 2024 the Planning Commission (“Commission”) received and filed the 2023 calendar year Housing Element Annual Progress Report (“APR”) (Attachment “1”: Staff Report ). Comments from the Commission prompted staff to modify data included in the Staff Report’s graphs for clarification of anticipated housing projects from 2023 activity. As a result, staff updated the graphs shown in Attachment “1”, and the revised graphs are shown below:
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Staff modified the graphs depicted in Attachment “1”. The revised graphs are depicted above. Staff modified g raph titles, changing “Permitted” to “Pipeline Units” to provide clarification on the units “entitled” by the Development Services Department in 2023 (i.e., the number of units receiving approval from various decision makers, including City Council) . “Constructed” changed to “Under Construction” which illustrates the number of units ready to begin , or are already under construction (e.g., building permit issued) . Staff also adjusted the data informing the graphs to more accurately reflect the title changes.
53%
5%
19%
23%
2023 Pipeline Units by Type
Apartment Condominiums
Single Family Units Accessory Dwelling Units
10%
11%
8%
71%
2023 Pipeline Units by Income
Very Low Low Moderate Above Moderate
75%
5%
4% 15%
2023 Units Under Construction by Type
Apartment Condominiums
Single Family Units Accessory Dwelling Units
7%
6%
2%
86%
2023 Units Under Construction by
Income
Very Low Low Moderate Above Moderate
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BACKGROUND
The City Council adopted the 2021-2029 Sixth Cycle Housing Element on August 11, 2021 and subsequently adopted an amendment to the Housing Element on March 22, 2023. The State Department of Housing and Community Development ( “HCD”) certified the City’s adopted Housing Element in compliance with state housing element law in December 2023.
Government Code section 65400 and 65700 mandate s that cities and counties submit annual progress reports (”reporting”) on implementation of the General Plan’s Housing Element by April 1st of each year.
The Housing Element reporting summarizes a jurisdiction’s progress in meeting the future regional housing needs (“RHNA”) (Government Code section 65584 ) and efforts to remove governmental constraints to housing development (Government Code section 65583(c)(3)). Attachment “2” provides a summary of the City’s progress in meeting the City’s RHNA and implementing the Housing Element’s programs during the 202 3 calendar year (“CY 2023”) . A jurisdiction must comply with reporting requirements in order to maintain a compliant housing element throughout the planning period (2021- 2019).
Government Code section 65400 requires cities and counties to present and submit their APR to their legislative body, HCD, and the Governor’s Office of Planning and Research ( “OPR”) prior to the April 1st due date . Reporting documentation is also submitted to the San Diego Association of Governments (“SANDAG”) to support regiona l planning efforts. The State Department of Housing and Community Development advises jurisdictions to submit their Housing Element APR before the April 1st deadline even if their legislative body has not received it; once present ed to the City Council , HCD advises staff to resubmit, with evidence of the legislative body’s presentation, to HCD and OPR. On March 21, 2024, staff submitted the Housing Element reporting to HCD and OPR to meet the April 1, 2024 deadline for the CY 2023 reporting cycle . With this presentation and request to receive and file the Housing Element APR , staff will follow up with HCD and OPR confirming City Council received such update, in compliance with state law.
ATTACHMENTS
1. Attachment “1”– April 9, 2024 Planning Commission Staff Report
2. Attachment “2” – 2023 Housing Element Annual Progress Report 182
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DATE: 04/09/2024
PL24-0082 – 2023 Housing Element Annual Progress Report PROJECT NUMBER / NAME: PL24-0082 / 2023 HOUSING ELEMENT ANNUAL PROGRESS REPORT REQUEST: Receive and file the 2023 calendar year annual progress report for the Housing Element of the General Plan (“Housing Element APR”).
PROPERTY SIZE AND LOCATION: CityWide APPLICANT: City of Escondido, Development Services Department
GENERAL PLAN / ZONING: N/A PRIMARY REPRESENTATIVE: Pricila Roldan, Associate Planner
DISCRETIONARY ACTIONS REQUESTED: N/A
PREVIOUS ACTIONS: The Planning Commission received and filed the 2022 calendar year Housing Element Annual Progress Report on April 11, 2023.
CEQA RECOMMENDATION: This effort is not considered a “project” under CEQA, as defined in section 15378(b)(5) of the State CEQA Guidelines.
STAFF RECOMMENDATION: Receive and File
REQUESTED ACTION: None
CITY COUNCIL HEARING REQUIRED: _X__YES ___NO
REPORT APPROVALS: Chris McKinney, Interim Director of Development Services X Veronica Morones, City Planner
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STAFF REPORT
Attachment "1"
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BACKGROUND
The City of Escondido’ s General Plan provides a vision for the future development of its communities by setting citywide goals and policies. The General Plan consists of seven different elements that focus on, and address, various matters including but not limited to land use, housing, transportation and safety. For example, the General Plan’s Land Use Element determines the distribution of land uses throughout the City; the Circulation Element deals with transportation improvements; and the Safety Element identifies and addresses natural hazards like flood areas, wildfire zones, and seismic threats. Every year, City staff provide an update on the General Plan’s implementation through a series of three reports: 1) t he General Plan progress report , which covers the entire General Plan’s implementation progress; 2) the Climate Action Plan progress report, which covers progress on the City’s efforts to reduce greenhouse gas emissions; and 3) the Housing Element’s progress report, which provides an update on City’s trajectory in meeting its state mandated housing needs. Yearly updates grant an opportunity for Escondido leadership and the public to reflect and evaluate the progress and implementation approaches of the General Plan.
In the interest of meeting state mandated deadlines for the Housing Element APR, the information provided within this report and associated attachment only covers the 2023 Housing Element APR. Staff will report on the General Plan and Climate Action Plan progress reports at a later time this calendar year.
Since 1969, California has worked with regional, city, and county governments to determine how much housing is needed throughout the state. The California Department of Housing and Community Development (HCD) and regional councils of governments (COGs ) like SANDAG are responsible for determining and allocating the number of housing units (i.e., Regional Housing Needs Assessment/Allocation – “RHNA”) that will meet future population growth and demand. Cities are then charged with incorporating their assigned RHNA into the ir housing element and facilitating policy, projects, and programs that further support achieving their RHNA. Every eight -years, the state and regional partners reassess state housing needs, adjust the statewide RHNA, and begin a new cycle of programming that seeks to meet the new RHNA. The state is currently in the sixth cycle of RHNA allocations, beginning April 2021 and ending April 2029 (“planning period”). State Government Code section 65400 requires cities and counties to present and submit their APR to their legislative body, HCD, and the Governor’s Office of Planning and Research (OPR) by April 1st of each year . The APR is also submitted to SANDAG to support regional planning efforts.
The Housing Element APR is provided to Planning Commission for informational purposes. The same report will be provided to City Council for review pursuant to Government Code. HCD advises jurisdictions to submit their Housing Element APR before the April 1st deadline even if staff have not presented it to their legislative body. Jurisdictions may present the Housing Element APR to local leadership after the deadline and follow up with HCD and OPR confirming such. In alignment with HCD guidance, City staff submitted the Housing Element APR on March 21, 2024.
SUMMARY OF REQUEST
Receive and file the Housing Element APR, documenting the City’s progress on implementing a component of the General Plan.
11 Item 2.
Attachment "1"
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SUPPLEMENTAL DETAILS OF REQUEST
The Escondido Housing Element defines the goals, policies, and programs that aim to support the housing needs of Escondido residents over the Housing Element’s eight-year planning period (2021-2029). The Housing Element APR provides an annual summary of the Housing Element’s programming progress, as well as all residential planning and building activities for the 12-month calendar year. The Housing Element APR is a snapshot that helps inform where the City is in meeting its Regional Housing Needs Allocation (RHNA). A summary of the City ’s current Sixth Cycle RHNA (by income level) is shown in Table 1 below.
Table 1: City of Escondido’s Sixth Cycle RHNA Numbers
Income level
Above Moderate Moderate Low Very Low Total
RHNA
Allocation 4,967 units 1,527 units 1,249 units 1,864 units 9,607 units Note: The term “unit” refers to a dwelling unit. A dwelling unit can be a home, an apartment, condominium, and/or an accessory dwelling unit.
PROJECT ANALYSIS
Every year staff present on the City’s progress in implementing the Housing Element. The table below (Table 2) builds from Table 1 and provides previous, as well as this calendar year’s, progress in meeting the Sixth Cycle RHNA.
It is important to note that only issued building permits count toward the City’s progress in meeting its RHNA. While Table 2 depicts building permit issuance, the City has also received other types of credits toward the City’s sixth cycle RHNA that are not shown below but are denoted within Attachment 1, Table B (see Projection Period 06/30/2020-04/29/2021).
Table 2: Summary of the City of Escondido’s Progress to meet the Sixth Cycle RHNA Numbers Income level
Above Moderate Moderate Low Very Low Total
RHNA Allocation (2021-
2029) 4,967 units 1,527 units 1,249 units 1,864 units 9,607 units Year 1 (2021) 168 units 16 units 38 units 27 units 249 units Year 2 (2022) 154 units 13 units 39 units 25 units 231 units Year 3 (2023) 521 units 11 units 34 units 42 units 608 units SubTotal (%)* 843 units (17%) 40 units (3%) 111 units (9%) 94 units (5%) 1,088 units (11%) Note: Units on the table are reflective of building permits issued for the respective calendar year. *Percentages are rounded to the nearest whole number
12 Item 2.
Attachment "1"
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The following charts summarize housing data that pertains to 2023 activity. The term “unit” refers to a housing unit or home that can come in various shapes and sizes including a single-family home, Accessory Dwelling Unit (ADUs), apartment units. “Permitted units” are those entitled by the Planning Division. A unit is considered “permitted” when a decision-making body approves a project through the planning review process. The total units permitted within a calendar year provide a glimpse of future construction. The graphs below show that in 2023, a majority of the units permitted were market-rate units (84%), suitable for above moderate-income individuals. Only 14% of all permitted units were affordable units, units in which a household making below $116,800 could afford.1 The graphs also show that a majority of the permitted unit types in 2023 were apartment units (69%) while only 10% of total permitted units were traditional detached single-family homes. The asymmetry between both can be attributed to the fact that apartment units are approved in large quantities while single -family homes are typically individual units.
A “constructed unit” refers to a housing unit that is ready for home occupancy or, in other words , receives a certificate of occupancy from the building division . The Building Division conducts final inspections and declares final occupancy for residential products in the final stages of the construction process. The graphs below show that in 2023, a majority of constructed units (57%) were affordable, suitable for low and very low-income households.
The second most common unit constructed by income was above moderate (35%) and less than 10% of units constructed were moderate income. Apartment and accessory dwelling units were constructed at almost the same rate in 2023, 38% and 36% respectively. Single family units had the lowest construction rate with less than 10%.
1 Affordable units are units in which low and very low-income households can afford. Level of affordability is determined by the County of San Diego. More information can be found at: https://www.sandiegocounty.gov/sdhcd/rental- assistance/income-limits-ami/
86%
2%
6%
6%
2023 Permitted Units by Income
Above Moderate Moderate Low Very Low
69%
6%
10%
15%
2023 Permitted Units by Type
Apartment Condominiums
Single Family Units Accessory Dwelling Units
13 Item 2.
Attachment "1"
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After concluding the Housing Element presentation to Planning Commission, s taff will present to City Council .
Thereafter, staff will follow up with reporting agencies: OPR, HCD, and SANDAG. The APR will provide regional and state partners the opportunity to identify trends in land use and housing which will in turn give them a better understanding on local development activities.
FISCAL ANALYSIS
There are no direct fiscal impacts associated with this progress report.
ENVIRONMENTIAL ANALYSIS
The Housing Element Annual Progress Report is a re porting document, and does not create or alter policy. The content is provided for informational purposes only, and is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5), which exempts from the definition of a “project” organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. This informational item provides a means to monitor the success of implementing the Housing Element and review what was implemented during the 12 -month reporting period. All counties and cities in the state are required to submit the annual report pursuant to Government Code section 65400.
PUBLIC INPUT
As of the writing of this report, City staff received no public comment on this item.
CONCLUSION AND RECOMMENDATION
Receive and file.
ATTACHMENTS
35%
8%
31%
26%
2023 Constructed by Income
Above Moderate Moderate Low Very Low
37%
19%
7%
37%
2023 Constructed Units by Type
Apartment Condominiums
Single Family Units Accessory Dwelling Units
14 Item 2.
Attachment "1"
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1. 2023 Housing Element Annual Progress Report
15 Item 2.
Attachment "1"
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Jurisdiction Escondido ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 04/30/2021 - 04/30/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2020-
04/29/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - 25 - - - - - - - - Non-Deed Restricted 13 2 25 42 - - - - - - Deed Restricted - 25 10 - - - - - - - Non-Deed Restricted 3 13 29 34 - - - - - - Deed Restricted - - - - - - - - - -
Non-Deed Restricted 36 16 13 11 - - - - - - Above Moderate 4,967 382 168 154 521 - - - - - - 1,225 3,742 9,607
434 249 231 608 - - - - - - 1,522 8,085 5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date
Total Units
Remaining
932 - 5 18 - - - - - - 23 909
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
1,451
107
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
76 Moderate
1,864
1,249
1,527
Please contact HCD if your data is different than the material supplied here 114
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1,757
1,135
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Attachment "2"
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Jurisdiction Escondido
Reporting Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
1.1 Sites Inventory and
NoNet Loss/Replacement
Housing Monitoring.
New housing opportunities for
homeownership and rental for all
households by supporting construction
of new housing for homeownership and
rental units on vacant and nonvacant
sites identified in the sites inventory.
Ongoing
1. In 2023 the City of Escondido developed and implemented a procedure to track No Net Loss and Replacement R
equirement (AB 1397 and SB 166).
The No Net Loss process tracks unit count and
income/affordability
assumed
on parcels in SSI; actual units
constructed and income/
affordability, and net change in capacity and RHNA on a monthly basis. For the SB 166 Replacement Requirement, a secondary process fo r tracking
has been implemented through the City's Cityworks software. Planners register the
number of units demolished on a
n ongoing basis.
2. The East Valley Specific Plan
was adopted
July 19, 2023. The plan
rezoned
approximately 191 acres into mixed use, residental,
commercial
and
open space uses to provide
wholelistic housing opportunities for
Escodido Residents.
3. As of 2023, a Sites I
nventory has been p ublished on the City's webpage.
4. In 2024, planning staff will amend the Z
oning Code to require
replacement of existing deed restricted or occupied
units by lower income
households as a condition of project approval, pursuant to AB 139. Even though
there is no ordinance a p
lace at the local level, City staff defer to
state regulation.
Attachment "2"
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1.2 Density Transfer
Programs
Efficient use of land resources by
increasing the residential
capacity of a project. The program
ensures that capacity in the Downtown
and East Valley will never
be lost if a property is developed with
fewer residential units allowed by the
zoning.
2023
Completed and Under Implementation.
The City maintains a Density Transfer Program for the Downtown and East Valley Specific Planning areas. The Downtown Specific Plan established a density transfer program under Resolution No. 2019-69 and the East Valley program was established last July (2023) through Ordinance No. 2023-10, which included the EVSP Density Transfer Program. The City has developed administrative mechanisms and processes to implement a density transfer program to ensure no loss of potential units within the planning areas occurs as described in the respective specific plans. City staff continue to communicate this program and the available units to developers, property owners, and interested parties.
1.3 By-Right Approval of
Projects with 20%
Affordable Units on
"Reuse" Sites and Sites
Rezoned
Facilitate housing development for
lower income households by allowing
for by-right approval of housing
development that includes 20% of the
units as housing affordable to lower
income households in line with
AB 1397.
Within 1-year of
Housing Element
Adoption
Not yet Started.
The City wroked on Housing Element certification for a majority of 2023. On December 12, 2023, the City received HCD Housing Element certification. Now that the document is in substantial compliance with state law, the City will begin implementation of programs which include developing and adopting a by-right ordinance.
1.4 City-Owned Sites
Facilit
ate the
redevelopment/development of
affordable housing on City-owned sites.
Annually
Underway.
The City’s current policies are aligned with state’s requirements for the Surplus Land Act. Currently, the City’s Real Property Division is experiencing staff turnover. Once a new point of contact is assigned, the City will continue coordination and inventory of potential Surplus Land Act sites, which is the first step in facilitating redevelopment of City-owned sites. There is only one City-owned site of the SSI which is under review by the City's Real Property Division for consideration of redevelopment.
Attachment "2"
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1.5 Lot Consolidation
Efficient use of land resources through
consolidation of small lots to achieve
economies of scale and offer
opportunity for improved site design
and amenities.
Ongoing and action
in 2023
Underway.
1. As part of the Housing Element Update, the City included a Sites Inventory to facilitate development. This SSI is on the City's website in table format. The City is currently working with our internal GIS department to create a web-app of the City's SSI, which includes sites identified for consolidation.
2. City staff continue to assist developers with identification of parcels for consolidation and partnership opportunities between interested property owners, as available.
3. The City continues to use a streamlined process for lot consolidation purposes.
4. The City anticipates a zoning ordinance update that will include incentives for lot consolidation by mid 2025.
1.6 Density Bonus Facilitate affordable
housing development.
2022 Completed. The City amended the Density Bonus ordinance in 2021 and 2022 to comply with AB 2345.
1.7 Removal of
Constraints to
Development
Facilitate housing development by
removing potential constraints to
development.
2021-2022
Underway.
The City adopted modifications to the City's Downtown Specific Plan to allow ground floor residential uses in areas where previously they were prohibited by a mandatory commercial component for mixed-use development. In 2023, the City began working with SANDAG's Housing Acceleration Program Technical Assistance to develop objective design standards and a procedure to qualify projects under SB 35. Coordination will continue throughout 2024 to ensure that the new standards are effective in supporting new housing and reducing development constraints.
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1.8 Monitoring of Growth
Management Measure
Increased public awareness of the City’s
housing needs and obligations under
State law.
Ongoing
Underway.
The City continues to monitor Proposition S and potential impacts to development in the City
2.1 Accessory Dwelling
Units
Additional housing opportunities for
lower and moderate income households
through ADU construction.
Throughout planning
period, as well as actions
in 2022.
Underway.
1. The City is finalizing consultant procurement to develop 6 pre-approved ADU floor and architectural plans. With the reallocation of LEAP funding, the City will develop a public-facing ADU guide that will empower residents and facilitate the permitting and construction process of ADU’s within the City. Community outreach and engagement to raise awarness will also be included.
2. ADU submittals are continuing to increase annually. Staff continues to facilitate ADU submittals through personal interactions with the public and developer community. The City's ADU ordinance was updated in 2021 and 2022 to ensure compliance with State Law and consistency with the Escondido Zoning Code.
3. An ADU ordinance allowing religious institutions to construct ADUs has yet to be developed.
4. The City monitors ADU construction annually and monthly as a part of the RHNA tracking process. Trends during the 6th cycle thus far show the City is on track to meeting its 360 ADU estimate, with over 200 ADUs issued building permits in the planning period so far.
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2.2 First-Time Homebuyer
Assistance
Ad
ditional housing opportunities for
low
er income households by helping at
least one household annually (8 over the
planning period).
Ongoing/annually
Ongoing.
The City of Escondido’s First-time Homebuyer program served one individual for the 2023 calendar year.
Housing and Neighborhood Services staff continues to provide information about the First-time Home Buyer program to residents. Although there is public interest in the program, San Diego’s exorbitant housing prices and increasing interest rates make it impossible for individuals to afford a home. HUD’s maximum purchase price limits also prevent individuals from pursuing home purchases. The median list price of a home in Escondido, according to Zillow, is $860,833 which is almost $184,833 more than the maximum purchase price set by HUD, $676,000.
City staff are currently experiencing gridlock in administering the First-time Homebuyer Program since families that meet the program’s income limits are not able to afford a monthly mortgage, typically around $8,000 a month.
2.3 Essential Middle
Income Rental Housing
Program
Additional housing opportunities for
lower and moderate income household. Ongoing
Underway.
In 2023, the City did not receive inquiries to convert properties to affordable housing.
2.4 Housing Choice
Vouchers
Rental Assist ance for extremely low
/very low income households – 1,000
households with Housing Choice
Vouchers; 30 senior/disabled
households for rent sub
Ongoing
Underway.
In 2023, 829 Escondido residents received Housing Choice Vouchers from the San Diego County Housing Authority. There are 4,370 households on the wait list.
The City continues to market the Housing Choice Voucher Program and other rental assistance programs on the City’s website and public counters.
The City continues to assist 19 seniors with an ongoing rent subsidy ranging from $75 - $125 per month. All rent subsidy awardees are on the waiting list for Section 8 vouchers.
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2.5 Mobile Home Park
Conversion
Hous ing stabilization and home
ownership opportunities for lower and
moderate income households
Ongoing/annually
Underway.
No mobile home park conversions occurred in 2023. No city-sponsored workshops or technical assistance was provided to the residents to meet this goal.
2.6 Mobile Home Rent
Review
Stabi
lized rents for mobile home
residents, many of whom are lower
income.
Ongoing
Underw
ay.
The City continues to review and process applications in adherence with local and State law.
In 2023, 4 short/ 2 long applications were presented to the Rent Review Board.
2.7 Special Needs
Housing
Increased hou sing opportunities for
households with special needs. 2022
Underway.
In 2023, the City began collaboration with SANDAG's Housing Acceleration ProgramTechnical Assistance to develop Zoning Code amendments that will address provisions of special needs housing including transitional housing, emergency shelters, employee housing, reasonable accommodation for persons with disabilities, residential care facilities, and manufactured homes. The City received draft language for modification of the City's Zoning Code related to these areas and is in process of reviewing said proposed modifications from the TA support. The City anticipates a code amendment by EOY 2024.
2.8 Affordable Housing
Development
Acquisition, rehabilitation, preservation,
or construction of affordable housing
for lower and moderate income
households.
Annually
Underway.
1. The construction of 10 new affordable homeownership units at less than 80% AMI located at 245 E. El Norte Parkway, Escondido, CA is underway and expected to be finalized in April 30, 2024.
2. In 2023, the City completed Valley Senior Village, a 50-unit multifamily development for seniors 62+. Valley Senior Village will provide 24 units for individuals experiencing homelessness and 25 units for 30-60% AMI using recycled RDA Funds. One unit will be reserved for the onsite manager.
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2.9 Inclusionary Housing
Assessment (not yet
adopted)
Educa tion of City Officials and general
public on inclusionary housing
mechanisms; potential adoption on an
inclusionary housing ordinance.
2022 and
prior to 7th cycle
Not yet Started
Program 2.9 requires the City to conduct a Residential Sector Feasibility Study (RSFS) in the event affordable units are not numerically on track with projected RHNA allocations after two consecutive APR years. The 2023 numbers for affordable units (i.e., very-low, low, and moderate incomes) since 2021 are not keeping pace with the City's RHNA for such incomes; therefore, Program 2.9 is triggered with the 2023 calendar year's reporting. In the next 12-18 months the City will work toward identifying funding and procuring a consultant to lead the RSFS. Results will help the City meet all of the 6th cycle housing element’s RHNA allocations.
2.10 SB
9 Ordinance
Incre
ase housing opportunities and
densities throughout the City’s low
density residential zones. 2022
Completed and Under Implementation.
In 2023, the City adopted an SB 9 ordinance. Since, the adopted of the local ordinance, the City has received two requests for urban lot splits, both of which are currently in the review process. We have yet to receive any SB 9 requests for two-family unit developments. If SB 9 family unit subdivisions are requested, the City will monitor affordability. The City receives numerous inquiries on two-family unit development and anticipates further growth of such requests in CY 2024.
3.1 Housing Rehabilitation
Improved housing conditions for lower
income households. Annually Not yet implemented.
No housing rehabilitation programs were initiated by the City in the 2023 FY.
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3.2 Focus on
Neighborhoods
A place-based strategy for
n
eighborhood improvements and the
opportunity for significant community
impact both in physical improvement
and improvement in quality of life for
neighborhood residents.
Annually
Underway.
In 2023, The City of Escondido approved 4 CDBG neighborhood improvement projects within Disadvantaged Communities. Projects include: (1) multiple community clean ups, (2) upgrades to light fixtures in Old Escondido, (3) graffiti eradication, and (4) upgrades to the Washington Pool at Washington Park.
Additionally, the City funded a splash pad in at Grove Park. The City continues to implement the second phase of the Old Escondido Neighborhood Lighting project through CDBG funds.
In 2023, the City leveraged CDBG-CV funds to develop a Request for Proposal (RFP) for homeless prevention and utility assistance. In 2024, Housing and Neighborhood Services staff will work with FORWARD, the contract awardee, to implement both programs.
In the calendar year 2023, project NEAT worked on 131 cases total and referred 17 cases to the City's Code Compliance Division for enforcement.
Housing and Neighborhood Services staff continues to work with the engineering department on the safe routes to school program. In the 2024 calendar year, staff will explore the possibility of providing sidewalks for residents from the South Tulip Neighborhood (CT 205.03) since there are safety concerns for children who walk to Felicita Elementary School.
3.3 Preservation
of At-Risk Housing
Continued affordability of subsidized
housing developments. Annually
Underway.
City staff are working on an agreement with Community Housing Works, the nonprofit that administers Escondido's Daybreak and Sunrise multifamily properties, to extend the affordability of 29 units for another 45-years. A new agreement is expected to be issued in 2024.
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3.4 Fair Housing
The City will undertake a series of
actions to affirmatively further fair
housing.
Various implementation
dates, including annually.
Underway.
In April of 2023, a total of two fair housing workshops were conducted, one in English and one in Spanish. Legal Aid held a staff training in March of 2023 and hosted quarterly virtual webinars throughout the year. All of the items listed within Program 3.4 that relate to Legal Aid's testing, reporting, and monitoring were incorporated into the City's 2023 contract with Legal Aid and were fulfilled by Legal Aid in the 2023 CY. The City will continue to require such contract such requirements with Legal Aid.
The EVSP was successfully adopted in July 2023.
Pedestrian signals at Tulip and Quince Street crossings were installed successfully in 2023.
All Creek Trail Corssing Improvements between Hickory and Harding occurred in 2023.
The City was awarded grant funding totaling approximately $600,000 dollars for the purposes of an Urban Forestry Management Program, with a Notice to Proceed anticipated in April 2024.
The Escondido Creek Trail project continues to progress and received environmental clearance in 2023. Construction is anticipated to begin in 2024.
Due to continued and increased turnover experienced in the Housing, Planning, and Real Property divisions during 2023, the City has faced extreme challenges in conducting events such as those related to outreach and certain code amendments that require expertise. The City continues to face a structural financial deficit that impedes fiscal resources that can be leveraged for housing element implementation. However, the City does continue to leverage available, low-to-no-cost resources as available, such as the SANDAG HAP TA and pursue grant funding as capacity allows.
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Item11.
STAFF REPORT
May 08, 2024
File Number 0470-32
SUBJECT
CALIFORNIA CENTER FOR THE ARTS ESCONDIDO FACILITY REQUEST FOR PROPOSALS
DEPARTMENT
Economic Development, Real Property
RECOMMENDATION
Request the City Council Receive Presentation and Provide Direction Staff Recommendation: Receive and Provide Direction (Economic Development Department: Jennifer Schoeneck, Director of Economic Development)
Presenter: Jennifer Schoeneck, Director of Economic Development ESSENTIAL SERVICE – Yes, Land Use/Development
COUNCIL PRIORITY – Eliminate Structural Deficit; Increase Retention and Attraction of People and Businesses to Escondido
FISCAL ANALYSIS
The City of Escondido (“City”) currently subsidizes the facility maintenance and operations of the California Center for the Arts, Escondido facility in the amount of $3,909,922.53 annually.
There is an estimated additional $5,750,000 in repairs required at the facility that is not currently budgeted.
In addition, the City of Escondido pays the current entity that operates and programs the facility $660,000 annually under an operation and management agreement valid through June 30, 2024, with an option to extend through June 30, 2025.
The City is seeking to issue a Request for Proposals ( “RFP”) soliciting facility use and management proposals from entities that include a plan to reduce or eliminate an annual City subsidy.
PREVIOUS ACTION
The FY20230/24 General Fund operating budget projected a net operating deficit of $11,295,840. In order to continue to provide core City services including Public Safety, Public Works, Community Services, and 199
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Development Services, staff made recommendation s to close the deficit that include a combination of using reserve balances as well as deferring major purchases to future years.
At the Visioning and Structural Deficit Strategy Workshop on September 27, 2023, City Council identified the Essential Services and Council Priorities that now guide staff. The recommended plan outlined at the January 31, 2024 Fiscal Sustainability, Capital Projects, and American Rescue Plan Act ( “ARPA”) City Council meeting was the first step on the path of making progress toward accomplishing these priorities by depressing future obligations to the General Fund and removing non-essential services in an effort to achieve financial sustainability.
At that meeting on January 31, 2024, City Council approved moving funding for a management agreement with current California Center from the General Fund, to American Rescue Plan Act funding for the term of one year. That term is anticipated to begin on July 1, 2024 and end on June 30, 2024.
BACKGROUND
The City of Escondido approved in 1985 the annexation and construction of an arts, theatre and museum complex to provide a focal point in southern California for the presentation of a variety of world class, visual and performing art events, to encourage diverse cultural activities in programs, and to provide a venue for local events, educational opportunities, and presentations. Construction of the $81 million 191,000 square foot facility was completed in 1994. The California Center for the Arts, Escondido (“CCAE”) is located at 340 N. Escondido Boulevard, Escondido, California 92025.
Since the facility opened, the operations have not created a revenue stream for the City and has required a City general fund subsidy for operations. The average five-year annual subsidy cost to operate the CCAE is $4,569,922.53 and comes from the City’s general fund.
To explore options for potential facility use and management operators for the California Center for the Arts, E scondido facility, that reduces or eliminates City subsidy for operations, the City is requesting proposals from entities for the use and operation of the facility.
This RFP process has three goals:
• Demonstrate the City’s current subsidy to operate the CCAE facility • Solicit general proposals for use and operation of the facility without cumbersome requirements • Understand if any entities (private or nonprofit) are interested in providing a proposal The timeline for the RFP process is as follows, with dates subject to change based on external factors and/or City Council feedback. There is no obligation for the City Council to award a final contract. 200
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Proposals from potential entities should include the following:
Scope of Services
o Propose the intended use and purpose for the entirety of the property and facilities o How the intended purpose and use will maximize community benefit o Strong ability of the entity to perform all management and maintenance of facilities and programming with minimal City financial subsidy
o Describe any partnerships or other entities working in collaboration with the entity for the proposal
o Outline any potential alterations or maintenance to the property facilities by the entity and the ability to finance these improvements
o Entity’s ability to perform the items listed above
Minimum Qualifications
o Must be legally capable of operating within the State of California and City of Escondido. o Must have at least five (5) consecutive years of successful experience managing and operating public assembly facilities similar to the California Center for the Arts, Escondido. o Strong preference toward entities with experience in operating such a facility on behalf of a public entity, such as a City or County government, or public building authority. Proposal Requirements
o Cover Letter: A cover letter introducing the entity and the individual who act as the entity’s project manager. The letter should specifically state the proposer’s understanding of the work to be accomplished and briefly outlines the entity’s strengths in providing the required services.
Council Date Wednesday, May 8, 2024
Application Opens Wednesday, May 15, 2024
Informational Zoom Call Thursday, June 6, 2024
Required In-person Tour 1 Thursday, June 13, 2024
Deadline to Submit Questions Wednesday, July 31, 2024
Questions Posted Friday, August 9, 2024
Optional In-person Tour 2 Thursday, August 29, 2024
Proposals Due Friday, November 1, 2024
Review Proposals November - December 2024
Interviews December 2024 - January 2025
Negotiations and Contract January - April 2025
New Contract Signed April for July 1, 2025 start date
CCAE RFP Proposed Timeline
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o Qualifications and Experience: Overview of the entity, the leadership of the entity, the entity’s history and other similar projects that demonstrate expertise o Outline of the purpose and use of the facility: describe how the entity will maximize community benefit and maintain financial sustainability to minimize City general fund subsidy cost
o Initial proposed terms: proposed agreement type, lease rate, and revenue share o Three case studies demonstrating entity’s ability to deliver on the proposed project o Three references that can attest to the entity’s ability to deliver on the proposed project
ATTACHMENTS
a. Attachment “1”- RFP No. 2024-30
b. Attachment “2”- CCAE Management Agreement
c. Attachment “3”- CCAE Facility Map
d. Attachment “4”- CCAE 5 Year Expenses
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Sean McGlynn, City Manager
201 N. Broadway, Escondido, CA 92025
Phone: 760-839-4587
Attachment “1”
NOTICE OF REQUEST FOR PROPOSALS
May 15, 2024
Re: Notice of Request for Proposals (“RFP”) No. 24-30 – California Center for the Arts, Escondido Facility Use and Operation
The City of Escondido , a California municipal corporation (“City”) extends a n invitation to companies and organizations (“entity” or “entities”) to provide programing, operation, and management services in relation to the California Center for the Arts, Escondido located at 340 N. Escondido Blvd ., Escondido, CA 92025 which would maximize community benefit and minimize financial subsidy requirements from the City. Proposals in response to this RFP may be submitted by a single entity, or a single entity as the lead applicant with partner entities.
Prospective entities must submit one proposal as an attachment or weblink to Jennifer Schoeneck via email at [email protected] no later than 5 p.m. on November 1, 2024 (“Submission Deadline”). Any proposals received after the Submission Deadline will not be accepted. Please see Section E of this RFP for a schedule of deadlines.
Questions or comments concerning this RFP may be submitted via e-mail to Jennifer Schoeneck, Director of Economic Development at [email protected] no later than 5 p.m. on July 31, 2024 (“Questions Deadline”). Any questions or comments regarding this RFP received after the Questions Deadline will be disregarded. Emails concerning this RFP should state the following in the subject line: “RFP No. 24-30 – California Center for the Arts, Escondido Facility Use and Operation .” Any communication regarding or relating to this RFP prior to the Submission Deadline with any City employee or official other than the Director of Economic Development is strictly prohibited. A summary of questions fro m prospective entities and City responses will be posted on the City’s website by 5 p.m. on August 9, 2024.
Each proposal shall be in accordance with specifications, instructions, and information contained in this RFP. The City reserves the right to reject any or all proposals for any reason it deems necessary, to waive defects or irregularities in any proposal, and to accept the proposal deemed the most advantageous to the City. This RFP does not commit the City to award a n agreement or to pay any costs incurred in the preparation of a response to this request.
Sincerely,
_____________________________
Sean McGlynn
City Manager
City of Escondido
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City of Escondido Attachment “1”
No. 24-30 – Community Arts, Culture and Entertainment Center: Facility Use and Operation
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A. General
The City of Escondido is located in north San Diego County, approximately 30 miles north of the City of San Diego, California. Escondido is an established community incorporated on October 8, 1888 under the general laws of the State of California. The City’s current population is approximately 150,000.
The City of Escondido is a full-service city that operates under a City Council/City Manager form of government. Day -to-day activities of the City are carried out under the direction of the City Manager. The City provides the following services to its citizens: Police, Fire, Water, Wastewater, Streets, Planning, Engineering, Building, Economic Development, and Community Services.
The City of Escondido approved in 1985 the annexation and construction of an arts, theatre and museum complex (Center) to provide a focal point in southern California for the presentation of a variety of world class, visual and performing art events, to encourage diverse cultural activities in programs, and to provide a venue for local events, educational opportunities, and presentations.
Construction of the $81million 191,000 square foot facility was completed in 1994. The California Center for the Arts, Escondido (referred to herein as “CCAE” and “Facility”) is located at 340 N.
Escondido Boulevard, Escondido, California 92025.
The Facility is currently operated and managed by the California Center for the Arts, Escondido Foundation pursuant to a management agreement set to expire on June 30, 2025 . Also, within the Facility campus, the City holds a long-term lease with A Step Beyond through 2048.
B. Project Description
The City desires to enter into a long-term agreement with a company or organization (“entity” or “entities”) to activate the California Center for the Arts, Escondido property and facilities, and to provide programming in a way that maximizes community benefit minimizes a financial subsidy from the City (“Project”). Proposals may be submitted by a single entity, or a single entity as the lead applicant with partner entities.
Entities responding to this RFP must be prepared to undertake in the most efficient manner possible, all aspects of management, marketing, and operations of the Facility, leveraging the economic development investment made by the City in the CCAE. Respondents to this RFP are expected to meet or exceed the minimum qualifications described herein.
Within 90 calendar days of the City’s Notice of Award of the Project, the entity shall enter into a services agreement with the City in substantially the same form as Attachment A to this RFP, which is incorporated herein by this reference. Pursuant to the services agreement resulting from this RFP, the City will grant the selected entity the right to use and operate the Facility.
C. Scope of Services and Deliverables
The City is willing to explore creative uses of the Facility as expressed in proposals by entities for the Project. In the proposal, the entity must demonstrate the following:
Propose the intended use and purpose for the entirety of the property and Facility; How the intended purpose and use will maximize community benefit; 204
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Strong ability of the entity to perform all management and maintenance of similar facilities and programming with minimal City financial subsidy;
Describe any partnerships or other entities working in collaboration with the entity for the proposal;
Outline any potential alterations or maintenance to the Facility by the entity and the ability to finance these improvements; and
Entity’s ability to perform the items listed above.
D. Right to Submitted Material
This RFP does not commit the C ity of Escondido to award a contract, to pay any costs incurred in the preparation of a proposal or agreement, or to procure or contract for, any services. The City reserves the right to accept or reject any or all proposals received as a result of this RFP, or to amend, cancel (in part or in whole) this RFP if it is in the City’s best interest to do so. All proposals, reports and data submitted to the City shall become the property of the City of Escondido and may not be returned.
E. Proposal Deadlines and Schedule
The following is an estimated schedule relating this RFP:
Activity Date
Application Opens Wednesday, May 15, 2024
Informational Zoom Call Thursday, June 6, 2024
Required In-Person Tour (Tour 1) Thursday, June 13, 2024 Deadline to Submit Questions Wednesday, July 31, 2024
Questions Posted Friday, August 9, 2024
Optional In-Person Tour (Tour 2) Thursday, August 29, 2024 Proposals Due Friday, November 1, 2024
Review Proposals November - December 2024
Interviews December 2024 - January 2025
Negotiations and Contract January - April 2025
Note: The City reserves the right to make modifications to the schedule outlined above.
To attend the Required In-Person (Tour 1) and the Optional In-Person Tour (Tour 2), please notify Jennifer Schoeneck via email [email protected] no later than 2 p .m. PST on the day before the tour, the primary point of contact for the tour with their cell phone number.
F. Proposal Content
Prospective entities are responsible for preparing and timely submitting an effectiv e, clear, and concise proposal. Proposals do not have a page limit . Each proposal shall demonstrate the qualifications, competence, and capacity of the prospective entities to perform the ser vices described within the timeframe in the table above, and in conformity with the requirements of this RFP.
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To be considered responsive, proposals must contain the following information in the order listed:
1. Cover Letter: A cover letter introducing the entity and the individual who act as the entities project manager. The letter should specifically state the proposer’s understanding of the work to be accomplished and briefly outlines the entity’s strengths in providing the required services.
2. Qualifications and Experience: Overview of the entity, the leadership of the entity, the entity’s history and other similar projects that demonstrate expertise.
3. Outline of the purpose and use of the Facility: describe how the entity will maximize community benefit and maintain financial sustainability.
4. Initial proposed terms: proposed agreement type, lease rate, and revenue share if applicable
5. Three case studies or examples of previous work demonstrating entity’s ability to deliver on the proposed project.
6. Three references that can attest to the entity’s ability to deliver on the proposed project.
G. Minimum Qualifications
Qualifications will be reviewed and evaluated based on the criteria set forth in this RFP. Proposers (the entity, or the individual firms that comprise a joint venture) must meet or exceed the following criteria:
Must be legally capable (i.e. have all required permits, licenses, and approvals) of operating within the State of California and City of Escondido; Must have at least five consecutive years of successful experience managing and operating public assembly facilities similar to the California Center for the Arts, Escondido; and
Strong preference toward entities with experience in operating such a facility on behalf of a public entity, such as a City or County government, or public building authority.
H. Selection Process
The agreement resulting from this RFP will be awarded to the most responsive and responsible entity whose proposal conforms to the requirements of this RFP and is considered to be the most advantageous to the City, taking into consideration not just the proposal price, but also the evaluation criteria set forth in this RFP. The City will act as the sole judge of information submitted in response to this RFP. The City reserves the right to: (i) request additional information or clarification of any submitted information, (ii) cancel or amend this RFP, including the proposal evaluation process, at any time, and (iii) not enter into any contract resulting from this RFP and issue similar solicitations in the future.
Evaluation Criteria will be based on the following:
Criteria Point Value
Background and experience of the entity 20 Points
Ability to maximize community benefit 20 Points
Financial viability of the entity 30 Points
Proposed Terms 30 Points
Total 100 Points
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City of Escondido Attachment “1”
No. 24-30 – Community Arts, Culture and Entertainment Center: Facility Use and Operation
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I. General Conditions
PLEASE READ CAREFULLY. THE FOLLOWING GENERAL TERMS AND CONDITIONS ARE
A PART OF ALL PROPOSALS SUBMITTED IN RESPONSE TO THIS RFP AND THE RESULTING CONTRACT.
This RFP as advertised, the specification requirements detailed in this RFP (including the following General Provisions), and documents on file with the City pertaining to this Project are subject to all provisions of the Ordinances of the City of Escondido. Each prospective company or organization submitting a response to this RFP warrants that the submitted proposal is genuine and non-collusive, or made in the interest of any person, firm, or corporation. A non -collusion declaration (which immediately follows these General Conditions) shall be properly completed and returned with the proposal documents.
In submitting a proposal in response to this RFP, each prospective entity agrees to the following general terms and conditions:
1. Public Information: The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal in response to this RFP indicates the prospective entity’s acceptance of all terms and conditions contained in this RFP, including all exhibits and attachments hereto, unless clearly and specifically stated otherwise.
2. Confidential Information: Any information deemed confidential or proprietary should be clearly identified by the prospective entity as such. Information identified as confidential or proprietary will be protected and treated with confidentiality to the extent permitted by applicable local, state, and federal law.
3. Addendums: The City reserves the right to amend, alter , or revoke this RFP at any time.
Any modifications, clarification, or additions will be distributed via email as an addendum.
4. Proposal Preparation Cost: The City is not obligated to reimburse any prospective entity for expenses incurred in preparing proposals in response to this RFP. All Prospective entities shall bear their own costs, fees, and expenses incurred in preparing proposals in response to this RFP.
5. Withdrawal of Proposal: A prospective entity may modify or withdraw their proposal, either personally or by written request via email, at any time prior to the Submission Deadline.
Such requests should be directed to the Director of Economic Development or representative.
6. Inaccuracies or Misinterpretations: Subject to the City’s sole discretion , the City may terminate a prospective entity from the RFP process or terminate any agreement with the Prospective entity if the City determines that said Prospective entity has: (i) made a material misstatement, (ii) made a material misrepresentation, or (iii) provided materially inaccurate information.
7. Optional Items: Prospective entities may elect to provide recommendations and pricing for optional items. Pricing for optional items shall not be included in the minimum requirements 207
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pricing.
8. Business License: The successful entity shall be required to obtain a City of Escondido Business License.
9. Signature: All proposals shall be signed in the name of the prospective entity and shall bear the original signature in longhand of the persons duly authorize d to sign the proposal.
Obligations assumed by such signature shall be fulfilled.
10. Right to Reject Proposal: The City reserves the right to reject any or all proposals, to waive any non-material irregularities or information in any proposal, and to acce pt or reject any items or combination of items. The City is not obligated to explain or justify its selection or rejection of any Prospective entity. All proposals submitted in response to this RFP shall immediately become property of the City.
11. Right to Conduct Personal Interviews : The City reserves the right to conduct personal interviews or require oral presentations of any or all prospective entities prior to selection.
12. Right to Request Additional Information : Prospective entities shall furnish additional information as the City may reasonably require. The City reserves the right to investigate the qualifications of prospective entities as it deems appropriate.
13. Right to Determine Financial Responsibility and Viability: The City reserves the right to request information pertaining to the financial stability of a prospective consultant to allow an appraisal of a prospective consultant’s current financial condition.
14. Understanding the Services to be Performed: By submitting a proposal in response to this RFP, each prospective consultant certifies that they have fully read and understand this RFP and have full knowledge of the scope, nature, quantity, and quality of services to be performed.
15. Award of Contract: Proposals submitted in response to this RFP will be analyzed and the contract awarded to the responsible prospective consultant whose proposal conforms to this RFP and is considered to be the most advantageous to the City, taking into consideration not just the proposal price, but also the evaluation criteria set forth in this RFP.
16. Contract Funding: The City’s funding of any agreement resulting from this RFP shall be on a fiscal year basis and is subject to annual appropriations. Prospective consultant acknowledges that the City is a municipal corporation, is precluded by the State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this RFP shall constitute an obligation of futur e legislative bodies of the City or State to appropriate funds for any agreement resulting from this RFP.
Accordingly, prospective entities acknowledge and agree that the funding for any agreement resulting from this RFP shall be contingent upon appropriation of funds.
17. City Provisions to Prevail: The terms of this RFP and the terms of any agreement resulting from this RFP shall govern the services. Any standard terms and conditions of the successful entity shall not be acceptable to the City unless expressly agreed to by the City by separate document. The City reserves the right to reject a proposal containing 208
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unacceptable conditions as non -responsive as a condition of evaluation or award of the proposal.
18. Equal Employment Opportunity: The entity awarded the project shall comply with all equal employment opportunity provisions of federal, state, and local non -discrimination laws, orders, regulations and guidelines as may be applicable to the entity and be in effect during the performance of any agreement resulting from this RFP.
19. Agreement: Entities submitting a proposal in response to this RFP shall be prepared to use the City’s standard agreement and engage in discussions to create a final agreement with the City.
20. Prospective Entity’s Invoices: Invoices shall be prepared and submitted to the City Manager’s Office, ATTN: Lori Pike, 201 N. Broadway, Escondido, CA 92025 or via email to [email protected]. Invoices shall be submitted on a monthly basis and contain the following information: Purchas e Order number, description of services rendered, rates, quantities, extended totals, and remaining balances. Invoices should include all applicable sales or other taxes, and shall be remitted to appropriate agencies on the City’s behalf. All payments made pursuant to this contract are not assignable and shall only be made payable to the seller.
21. Payment Terms: The City’s payment terms are Net 30 days from date of invoice. No pre - payment or partial up front down payment will be made for any services or equipment. The time period allowed for payment, as indicated on the face hereof or offered by quote, bid, or proposal shall commence upon receipt of Prospective entity’s invoice or upon receipt of the goods or services, whichever is later.
22. Insurance Requirements: The successful entity must have insurance in accordance with the requirements listed in the negotiated agreement after final entity is selected.
23. Public Agency Clause : It is intended that other public agencies (e.g., city districts, public authorities, municipal utilities, public school districts and other political subdivisions or public corporations of California) shall have the option to participate in any award made as a result of this solicitation. The City shall incur no financial responsibility for their order placement and payments to the successful entity. This option shall not be considered in proposal evaluation. State whether said option is granted:
______________ ______________
YES NO
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City of Escondido Attachment “1”
No. 24-30 – Community Arts, Culture and Entertainment Center: Facility Use and Operation
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NONCOLLUSION DECLARATION
TO BE EXECUTED BY PROSPECTIVE ENTITY AND SUBMITTED WITH PROPOSAL
The undersigned declares:
The foregoing proposal submitted in response to the City of Escondido’s Request for Proposals No. No. 24-30 – Community Arts, Culture and Entertainment Center: Facility Use and Operation for the California Center for the Arts, Escondido is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, foundation, or corporation.
The proposal is genuine and not collusive or sham. The prospective entity has not directly or indirectly induced or solicited any other prospective entity to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any prospective entity or anyone else to put in a sham proposal, or to refrain from submitting a proposal. The prospective entity has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the prospective entity or any other prospective entity, or to fix any overhead, profit, or cost element of proposal price, or of that of any other prospective entity. All statements contained in the proposal are true. The prospective entity has not, directly or indirectly, submitted their proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.
Each individual executing this declaration on behalf of a prospective entity that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that they have full power to ex ecute, and does execute, this declaration on behalf of the prospective entity.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________.
Date
___________________________________ ___________________________________ Signature Signature
Title Title
Of Of
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
By: _________________________
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Attachment A – Sample Agreement
Attachment B – Map of Facilities
Attachment C – City Expenses Excel Document
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Attachment “2”
CCAE Management Agreement (Sample) - 1 - CAO: 05/01/2024
OPERATION AND MANAGEMENT AGREEMENT BETWEEN THE CITY OF ESCONDIDO AND [CONTRACTOR]
This Operation and Management Agreement (''Agreement") is entered into as of the last date of signature below (“Effective Date”) by and between the City of Escondido, a California municipal corporation (“City”) and [Contractor, entity type ] (“CONTRACTOR”) for the purposes of providing for professional management and operation of the California Center for the Arts, Escondido. (The City and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
Recitals
WHEREAS, in or about 1994, the City constructed an arts, theatre, and museum complex located at 340 N. Escondido Blvd., Escondido, CA 92025 ("Center") to provide a focal point in southern California for the presentation of a variety of world class, visual and performing art events, to encourage diverse cultural activities in pr ograms, and to provide a venue for local events, educational, opportunities, and presentations; and
WHEREAS, the City desires the Center be managed with special expertise in the field of performing arts, theatre and museum operations; the holding of speci al events; the attraction of world - class entertainers; and the promotion and support of local cultural programming, all the while affording proper accountability to the citizens of Escondido; and
WHEREAS, the CONTRACTOR is competent to provide professional personnel with such special expertise, interest, and capacity to operate and manage the Center to accomplish the goals of the City, as stated herein; and
WHEREAS, the City and the CONTRACTOR share a common vision and goals for the Center and desire to work in partnership to assist each other in achieving these goals; and
WHEREAS, the Parties desire to commit to writing their respective rights, duties, obligations and promises with respect to the City's desire to have the CONTRACTOR serve, and the CONTRACTOR's agreement, to serve, as the operator of the Center for the term stated in this agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Definition of Terms
The following words and phrases in this Agreement shall have the significance attached to them in this Section unless otherwise indicated or apparent from their context.
Agreement. The Agreement shall consist of the recitals, terms, and all documents referenced herein and made a part hereof, including Exhibits and Attachments, if any.
Center or Center Premises. The total complex, located at 340 N. Escondido Blvd., Escondido, CA 92025, consisting of theaters, educational facilities and studios, museum, conference center, administrative offices, immediately adjacent exterior gardens, plazas, and grounds, and a central plant, which are collectively referred to in this Agreement as "the Center." A satellite image outlining the Center Premises is attached as Exhibit 1 and incorporated by reference. The area commonly referred to as the Great Lawn is not included as part of the Center Premises under this Agreement. The parking lot on the west side of the footbridge by the Center's Administration building shall be for the primary use of the CONTRACTOR; however, the City reserves the right to use that parking area for its use with 30 -day 212
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Attachment “2”
CCAE Management Agreement (Sample) - 2 - CAO: 05/01/2024
advance notice. The City and Center commit to working together to develop a mutually beneficial and streamlined process for the area of Grape Day Park commonly known as the "Great Lawn" .
City. The City means the City of Escondido, a general law city formed pursuant to the laws of the State of California.
Contract Administrator. The Contract Administrator means the City Manager or his/her designee or, upon written notice to CONTRACTOR, such other person as shall be designated from time to time by City.
Party or Parties. CONTRACTOR or City may be referred to individually as Party or collectively as Parties.
Routine Maintenance. Routine Maintenance as used herein shall refer to the regularized facility maintenance and cleaning services provided by the respective Parties referenced in Exhibit 2, which is attached hereto and incorporated by this reference.
Section 2. Grant of License
2.1 City hereby grants to CONTRACTOR the right to use and operate the Center and Center Premises, as identified in Exhibit 1, and CONTRACTOR so agrees to operate such facilities, subject to the terms and conditions set forth in this Agreement.
Section 3. CONTRACTOR Representation of Nonprofit Good Standing
3.1 CONTRACTOR warrants that it is a validly existing nonprofit public benefit corporation in good standing with the State of California, and that it has provided the City with a current copy of a resolution of the Board of Trustees of the CONTRACTOR Corporation authorizing the execution of this Agreement on behalf of CONTRACTOR. CONTRACTOR also warrants that it has, in conjunction with its execution of this Agreement, provided City with copies of its current Articles of Incorporation, its Bylaws, filings with the Office of the California Secretary of State, liability insurance policies, a list of names of the current members of its Board of Trustees, a list of names of other officers of the corporation, and an organizational chart detailing the CCAE staffing. The CONTRACTOR shall also provide to the City copies of formation documents relating the CCAE Charitable Trust, and other documents as may be public records under California or Federal law. CONTRACTOR agrees that it will provide City with copies of any of the above documents which change in form or scope at any time during the term of this Agreement, and with any other documents which may be reasonably required by City, within 30 days of such change or request.
Section 4. Operation of the Facilities
4.1 Exclusive Right to Center Activities. To further the purposes of the City, the CONTRACTOR shall have exclusive rights to produce, present, or provide a wide variety of performing arts and visual presentations, and to operate a museum and education faciliti es for a wide variety of events. These presentations will be offered through efforts of the CONTRACTOR or in cooperation with performing artists, other performing arts organizations, or commercial promoters, with the goal that the Center will be operated for the benefit of the public. CONTRACTOR may, at its own discretion, use the theaters, or other parts of the Center, for production of in -house programming. CONTRACTOR shall assemble, safeguard, preserve and conserve objects of art for display at the museu m. The City recognizes that a permanent art collection is held in trust by CONTRACTOR. CONTRACTOR has exclusive rights to operate the Conference Center for meetings, banquets, special events and gatherings.
CONTRACTOR shall also have the exclusive right to sell, or to contract for the right to sell, beverages, food, confections, clothing, novelties, and publications within the Center as appropriate. These activities 213
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Attachment “2”
CCAE Management Agreement (Sample) - 3 - CAO: 05/01/2024
shall be conducted at no financial risk to the City. Any excess revenues received from the production of Center activities may be retained by the CONTRACTOR for funding of additional programming at the Center.
4.2 Right to Rent and Contract for Use. CONTRACTOR shall have the exclusive right to rent and control events at the Center, distribute ti ckets, operate a ticket office, and charge admission for events at the museum and theaters, as well as to establish pricing and rate structures for all activities at the Center. CONTRACTOR shall use the Center facilities for presentation of performing arts (e.g. dance, music, theater) by outside groups and promotional entities that rent the Center and stage their own productions, and shall have the right to enter into contracts with such groups to fulfill this purpose.
CONTRACTOR shall use the Center for re ntal to outside groups and promotional entities that rent the facility for their own events, for the display of artistic exhibitions and for educational activities, or for other appropriate uses consistent with the purposes of this Agreement.
4.3 Leasing of Center Space. CONTRACTOR may offer space at the Center for lease to other entities sharing CONTRACTOR's vision or purpose. Such leases, if in excess of one year, shall be subject to the City's prior approval and shall be executed by and between the City and the entity selected by CONTRACTOR. Such leases between the City and the entity shall be subject to and in accordance with all the terms and conditions set forth in this Agreement.
4.4 Reservation for City Use. CONTRACTOR understands that the City may occasionally need use of some portions of the Center facilities, subject to the following guidelines: The City may schedule use of Conference Center rooms 12 days per calendar year at no room rental cost. If possible, the use will occur on Monday through Thursday. If the space is needed on a Friday, Saturday or Sunday, the City shall vacate the premises by no later than 4 p.m., to allow the
4.5 CONTRACTOR to rent the facilities in the evening. City shall pay the full market cost of all labor, food, beverages, setup, preparation and any items rented by the CONTRACTOR on behalf of the City. If a potential rental of the space becomes likely, the CONTRACTOR will work with the City to determine if a different room or theater is available that would serve the City's needs and allow the CONTRACTOR to generate more rental income. The Contract Administrator shall be the City's designated agent to coordinate with CONTRACTOR staff for City use of these Center facilities.
4.6 First Amendment and Political Activities. CONTRACTOR has adopted and implemented an Expressive Activities Policy which conforms to state and federal law. Further, the Center shall not be used directly by CONTRACTOR for the purpose of working on or campaigning for the nomination or election of any persons to any public office, whether partisan or non-partisan. However, CONTRACTOR may rent all or part of the Center facilities to persons or entities for political activities at standard, publicly- available (non-preferred) rates.
4.7 Information Technology Policies and Support. The CONTRACTOR shall follow all information and computer technology protocols, guidelines, policies, restrictions and directions from the City if the CONTRACTOR intends to connect its computers to the City's servers. The CONTRACTOR shall employ sufficient staff to provide on -site assistance to the CONTRACTOR employees; however, the City may provide additional assistance to the CONTRACTOR on computer technology access and related questions subject to availability.
4.8 Reasonable Self-imposed Restrictions. Subject to the terms of this Agreement, including but not limited to Section 17, CONTRACTOR may develop reasonable restrictions for the use of the Center which are consistent with and supportive of the rights of the general public, consistent with the requirements of this agreement, and which are designed to enable CONTRACTOR to use these facilities 214
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consistent with the purpose of this Agreement.
4.9 Security. The City and the CONTRACTOR share concerns regarding the security at the Center for both individuals and property, and commit to implementing appropriate security measures.
The CONTRACTOR is responsible for maintaining the pr oper security of the Center Premises, which may include retention of security personnel at the CONTRACTOR's expense. Security personnel may include City Park Rangers, through a separate Memorandum of Understanding.
4.10 City Property. At all times during the term of this Agreement, the Center Premises shall remain the absolute property of the City. No legal title or leasehold interest in the Center shall be deemed or construed to have been created or vested in CONTRACTOR by anything contained in this Agreement or otherwise. Because CONTRACTOR is an operator of a City-owned facility organized for the purpose of reducing the burden on City government, the Parties intend that CONTRACTOR shall have no liability of any sort for payment of property taxes.
Section 5. CONTRACTOR Property
5.1 City agrees that all furniture, equipment, and other similar property of a personal nature which is acquired by CONTRACTOR solely with its own resources shall be and remain the property of CONTRACTOR. All fixtures, including items which are attached to, affixed or otherwise become part of the Center, shall be property of the City.
Section 6. Center Naming Rights
6.1 CONTRACTOR shall have the right to name or change the name of the Center, or a portion of the Center. If the CONTRACTOR has developed a Naming Policy, which has been approved by the City Council, no additional approval is needed. If no such policy has been developed or approved by the City Council, naming rights are subject to the prior written approval of the Ci ty. The amount and use of any monetary donation or payment made by a third -party for naming rights to the Center, or a portion thereof, shall also be the subject to prior written approval of the City, unless the aforementioned policy has been previously approved by the City Council.
Section 7. Construction, Improvements, and Alterations
7.1 Protection of Center Facility. CONTRACTOR agrees to use reasonable and professional care and skill to protect the Center Premises at all times. Further, the CONTRACTOR shall use care to protect and preserve all alterations, additions and improvements made by the City to the Center.
CONTRACTOR agrees not to alter any existing improvements on the Center Premises, except in accordance with written permission and/or plans and specifications previously submitted and approved in writing by the Contract Administrator or other designated City representative.
7.2 Training and Instructions. Where applicable, City shall provide CONTRACTOR with instructions for use of existing equipment, materials and fixtures and train CONTRACTOR personnel with respect to the care of any new equipment, materials and fixtures installed by or on behalf of the City.
7.3 Use of City Employees and Contractors. City reserves the right to employ its own employees or contractors to perform any repairs, maintenance, alterations and Regular Maintenance to the Center Premises at any time and with reasonable notice to the CONTRACTOR. The City may, at its discretion, chose to pay the CONTRACTOR to complete repairs, maintenance or alterations on Center facilities.
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7.4 Recommendations & Responsibility for Improvements. Recommendations for interior decoration and alterations for the accommodation of the ongoing operation of the Center shall be the responsibility of CONTRACTOR. Other than preliminary design sketches intended to provide a conceptual visualization of a proposed change, which will be produced by CONTRACTOR at no cost to the City, no architectural or design work may begin without written approval from the City. No construction related to any plans and/ or specifications produced by such architectural or design work can begin without written approval from the City. The cost of architectural, design, and resulting construction shall be the responsibility of the CONTRACTOR, except in the cases of City approved Capital Improvement Projects as described In Section 7.5.
7.5 Capital Improvement Project Funding. CONTRACTOR may request funding from the City for Capital Improvement Projects (CIP) related to the Center. The costs of any such CIPs shall be borne by the City, but only where the City shall have first approved of and prioritized such expenditures in writing. CONTRACTOR shall establish a yearly budget and proposal for any CIP expenses it recommends for the Center Premises and for which it seeks City contribution. The CIP budget shall be submitted to the City not later than April 1 each year to allow the City to review the recommendation and, if approved, to include such amount in its CIP or other budget for City Council consideration for the next fiscal year starting July 1. The City shall provide the format necessary for submittal of CIP requests.
7.6 Quarterly Facility Walkthrough. On a quarterly basis, representatives from the City and the CONTRACTOR shall walk through the premises, including the interior of all the buildings, to identify short and long-term repairs and improvements as well as identifying items that may be included in the City's CIP budget.
Section 8. Waste, Damage or Destruction of Center
8.1 CONTRACTOR shall take all reasonable measures to assure that any tenants, users, contractors or licensees of the Center avoid any form of waste, damage, destruction of the Center Premises and immediately adjacent City property, or make any tem porary or permanent alterations of the facilities without the City's prior written consent. Such measures shall include use of written agreements, provision of insurance, and if necessary, on-site monitoring of performances, conferences, events, and other uses of the Center. In the event of any waste, damage or destruction to property under the control of the CONTRACTOR or City, CONTRACTOR shall give immediate notice to the City of any damage to the facilities within not more than twenty -four (24) hours of such damage occurring.
CONTRACTOR shall not itself commit or allow any waste or damage to the Center premises or City property, or permit or any nuisance. CONTRACTOR shall keep the Center clean and clear of refuse and obstructions, and shall assure that either itself or all licensees, invitees or users dispose of all garbage, trash, and rubbish and return the Center to the condition prior to use, in a manner satisfactory to City.
Section 9. Routine Maintenance, Repair and Cleaning
9.1 The Parties agree to perform the Routine Maintenance of the Center Premises as provided for in Exhibit 2 . City responsibilities shall be completed by City maintenance staff or by qualified contractors hired by the City. CONTRACTOR responsibilities shall be completed by CONTRACTOR staff with the qualifications and certifications necessary to complete the work, or by qualified contractors hired by the CONTRACTOR. CONTRACTOR shall notify the City of any non-emergency repair or maintenance issues which it requests the City to und ertake, or which are among the City's responsibilities, within 10 days of discovery of such facility issue. If the maintenance or repair does not clearly fall into a category listed in Exhibit 2, the Parties will meet and confer regarding the respective responsibility for such repair or maintenance under this Agreement. For purposes of carrying out d ay-to-day responsibilities and in implementing this paragraph, CONTRACTOR staff and City shall regularly meet and discuss those items 216
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of maintenance and repair that both Parties expect CONTRACTOR shall undertake as well as those items of maintenance and repair which the City shall undertake.
Section 10. Obligation of Diligent and Permitted Use
10.1 CONTRACTOR and City covenants to diligently perform all of their obligations under this Agreement, and to use the Center solely for the purposes described in this Agreement.
Section 11. Special Events and Use of Additional City Areas
11.1 Coordination and Permits. The CONTRACTOR may request the temporary use of portions of Grape Day Park, including the area commonly referred to as the Great Lawn, or other City owned facilities adjacent to the Center Premises, subject to prior written approval of the Contract
11.2 Administrator and any conditions required therein. Any request to use such non -Center areas or facilities shall be coordinated so as not to conflict with other City-sponsored events and shall be accompanied by the necessary no -fee Special Event or no -fee Temporary Use Permits, additional insurance coverage as may be required by the City, and additional permits or authorizations as may be required to conduct the event required by other government agencies. No changes to the facilities or grounds of Grape D ay Park may be made by the CONTRACTOR without prior express approval from the City through the permit process. If changes are approved, they must be temporary in nature unless expressly approved as a permanent change by the City prior to the event. If alcoholic beverages will be sold or provided in conjunction with any event covered under this section, a current license (includes 1 - day licenses) issued by the California Department of Alcoholic Beverages, shall be held by the Party using the space.
11.3 Parking Area. The portion of the parking lot north of the channel and west of the footbridge by the CONTRACTOR Administration Building is available for general public parking. However, since this is the primary area for Center Patron parking, it is listed as part of the Center premises, under "Definitions". If the City has a need to use or close this area, the Contract Administrator shall contact the primary CONTRACTOR liaison to discuss the impact, identify options and develop a mutually agreeable solution. See Exhibit 1 for map of this area.
Section 12. Production Assistance
12.1 During those periods when CONTRACTOR is not fully utilizing the Center for presentation, production, rehearsal, exhibitions or programs, CONTRACTOR will continue to assist other non-profit or community performing artists or groups producing cultural events. Such assistance may include promotional, production and technical assistance as is appropriate to the particular performing artist or group utilizing the Center. CONTRACTOR may charge fees for production management, labor, lighting design, sound engineering, production design, or other such production or support activities which it provides to performing artists and other organizations.
Section 13. Catering
13.1 CONTRACTOR shall be permitted to use, hire or retain any catering company or caterer it reasonably chooses, consistent with the terms of this Agreement. CONTRACTOR and its caterers and employees shall be required to comply with all state, county and local food handling laws, rules and regulations.
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Section 14. Entry and Inspection
14.1 City reserves the right to enter the Center Premises for the purpose of viewing and ascertaining its condition, to protect City's interests in the facilities, or to inspect the operations conducted thereon at any time with reasonable notice to the CONTRACTOR's primary representative, and at a time that does not interfere with Center operations or events. In secure areas (as reasonably designated from time-to-time by CONTRACTOR), City's r epresentatives may be accompanied by CONTRACTOR personnel.
Section 15. Facility Schedule
15.1 Center Program Schedule. CONTRACTOR shall have sole discretion over the Center schedule and content, including but not limited to rental of facilities, presented and produced performances, and museum exhibitions so long as they are consistent with the mission for the Center, as defined in this Agreement. On or about July 15, October 15, January 15, and April 15, CONTRACTOR shall submit to the City for its review, a projected Schedule ("Schedule") which will indicate the various anticipated renting or uses of the Center, including the Confere nce Center, each theater, and the museums and educational facilities throughout the following three months. The City shall have the opportunity to review the Schedule for the purpose of assuring that the community has appropriate and reasonable access to t he facilities, to presentations, and visual arts presentations and that the various parts of the Center are being utilized effectively throughout the year. It shall be the objective of the CONTRACTOR to present at least 2 exhibition rotations in the museums and educational facilities each year. Any substantial modifications to the Schedule shall be subject to the reasonable review of the City.
15.2 CONTRACTOR Program Approval. CONTRACTOR shall have control over leasing details such as artist or group appro val, performance schedule and length, and other artistic or promotional matters, including but not limited to artist and performance selection, exhibition theme and schedule, presentation and production specifics, and artistic content.
Section 16. Financial Reporting Requirements
16.1 Price and Fee Schedule. CONTRACTOR shall provide to City, by July 15 of each year throughout the term of this Agreement, a current schedule of prices or fees for all items or facilities sold or rented at the Center. When such prices or fees are changed, CONTRACTOR shall notify the City as soon as is practical of the new fee schedule.
16.2 Periodic Reports to the City Council. The CONTRACTOR shall participate in the City's Center for the Arts City Council Subcommittee meetin gs, as required and on dates mutually agreeable to the CONTRACTOR and the City. Additionally, the CONTRACTOR Executive Director shall participate in the quarterly financial status updates presented by the City's Finance Department staff to the full City Council. These quarterly reports should include a brief verbal report of the Center's activities and current plans for use of the Center and are intended to provide an opportunity for both City and CONTRACTOR to communicate directly their concerns and expect ations with respect to the operations of the facilities, and to provide for public Information and comments.
16.3 Annual Report. Except as provided in Section 16.9, on or before the filing deadline for its Federal Tax Return for each of CCAE's fiscal years (November 15), CONTRACTOR shall submit to City its completed financial statement audited by an independent certified public accountant , who shall be approved by the City. Such audited financial statement shall be generated in accordance with generally accepted accounting principles and include an audited supplemental statement that segregates operations of the theaters, Conference Center, museum and education facilities, and other overall 218
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CONTRACTOR operations. The segregated operations information and re cords shall include all revenues and expenses with respect to the operation of the theaters, Conference Center, museum and education facilities including the following: 1) Revenues -- for single ticket sales, subscription sales, concessions, rental income, and facility charges; and 2) Expenses -- for payroll, utilities, repair and maintenance of premises, repair and maintenance of equipment and other overhead.
16.4 Supplemental Annual Report. In addition to the Annual Report, CONTRACTOR shall also submit to the City all supplemental or amended annual reports published by the independent certified public accountant including but not limited to the Audit Communication Letter required by Statement of Auditing Standards No. 114, the Report on Internal Control and Management Letter, if applicable.
16.5 Regular Financial Reports. The CONTRACTOR shall submit its monthly regular financial status reports ("Financial Reports"), produced in the normal course of its operations, to the Contract Administrator or designee within one week of such reports being presented to the CONTRACTOR Board of Trustees.
16.6 Operating Budget. City shall have the right to review the CONTRACTOR's proposed annual operating budget in a form agreed to by both Parties for the next fiscal year. The budgeted uses of the Management Fee paid to the CONTRACTOR by the City shall be noted in the budget as a monthly planned expenditure and the City shall be given the opportunity to request changes as it believes are necessary. At the time of the City's quarterly budget report to the City Council, the CCAE will report on deviations from the budgeted uses of the City Management Fee, if any, and explain the cause and/or purpose of the deviations.
16.7 Board and Committee Meetings. CONTRACTOR shall notify the Contract Administrator in advance of all meetings of its Board of Trustees, whether regular or special. The Contract Administrator shall have the right to attend any of such meetings at his/her discretion. The Contract Administrator shall serve as a non-voting member ex-officio of the CONTRACTOR Finance Committee.
16.8 Information Reporting. On an ongoing basis and upon request of the City, CONTRACTOR shall provide such other reports or information reasonably necessary for the City to review the operations of the Center and the manner in which City funds are being utilized. The requests shall be responded to as promptly as reasonably possible depending on the information requested, and all information shall be provided and used consistent with Section 16.11.
16.9 Audit by City Accountant. The City may choose, in its sole discretion, to select, manage and compensate an independent certified public accountant to generate an annual and supplemental financial statement audits of the CONTRACTOR provided for in this Section 16. In such case, CONTRACTOR shall be responsible for the timely an d complete submission of all information and records required to perform the audit in the timeframes required by the City. CONTRACTOR staff and CONTRACTOR outside auditors/CPA's will be made available during the audit process and allowed to participate in the process to assist the firm by providing information, documentation, explanations, and preparation of necessary schedules. The preparation of confirmations will be the responsibility of the CONTRACTOR.
16.10 Cooperation. The CONTRACTOR shall fully cooperate with the City and its consultants in the preparation of all audits and reports required by this Section 16 and shall provide all requested information and documentation as is requested in a timely manner satisfactory to the City. A f ailure to fully and timely cooperate with auditors, consultants and the City in the submission of the financial reports required under this Agreement shall constitute a material breach of the Agreement.
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16.11 Confidentiality. Whenever the Parties exchange information which is exempt from public disclosure under the California Public Records Act, Government Code Section 6250 et seq., the Parties shall cooperate with each other in a good faith effort to maintain the confidentiality of such documents, to the extent allowed by law. However, the City and CONTRACTOR shall comply with any lawful order of a court with competent jurisdiction when required to produce documents or information to third parties.
Section 17. CONTRACTOR's Executive Director/CEO
17.1 Executive Director/CEO. The CONTRACTOR shall employ an Executive Director/CEO who shall have the requisite knowledge, background and experience to lead the CONTRACTOR and Center to satisfactorily perform the CONTRACTOR's obligations of this Agreement and who shall serve as the principal liaison for the CONTRACTOR and Center with the City and Contract Administrator. In the event that the CONTRACTOR furloughs staff for any reason, the Executive Director/CEO shall not be furloughed for more hours in a particular month than any other full -time employee of the CONTRACTOR.
17.2 Executive Director Selection. The Contract Administrator may participate with the CONTRACTOR Board of Trustees in the process of selecting a new Executive Director /CEO and in the annual evaluation process of an existing Executive Director. The Contract Administrator may provide final input on any individual selected for the position of CONTRACTOR Executive Director.
17.3 Executive Director Consultation with City. The City may provide input and advice to the Executive Director through the Contract Administrator on operational and financial issues, procedures for submission and approval of expendi tures related to this Agreement, the adoption of policies for use of the Center, as well as development of contracts, schedules, fees, and other items necessary to implement the purposes of this Agreement.
Section 18. Future Disposition of the Center
18.1 The City retains the right to dispose of the Center Premises, or a portion of it, to another entity by sale, lease or other transfer of rights during the term of this Agreement. In the event the Center Premises, or a portion thereof, are sold, leased or otherwise disposed of, the City may take any and all steps it deems reasonably necessary to facilitate the disposition, including, but not limited to, the expedited turnover of portions of the Center Premises and the assignment of its rights and duties under this Agreement. City shall comply with Section 29.4 of this Agreement should it chose to implement this provision. In the event that the Center, or a portion thereof, is disposed of, CONTRACTOR and the City shall meet and confer on the impacts of the disposition.
Section 19. Compliance with Law
19.1 CONTRACTOR agrees to comply, and secure compliance from its Board of Trustees, employees and representatives, with all the requirements of all municipal, county, state, and federal laws pertaining to t he Center and its operations. The judgment of any court of competent jurisdiction that CONTRACTOR has violated any law, or CONTRACTOR's admission that it has done so, shall be conclusive of that fact as between City and CONTRACTOR. Notwithstanding the fore going, CONTRACTOR shall not be in breach of this Agreement and City shall have no right to terminate this Agreement in the event of a minor violation of a requirement or statute if CONTRACTOR promptly complies with the requirement or statute upon learning of such violation. CONTRACTOR will not 220
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knowingly take any action that would, in the judgment of the City's Contract Administrator or counsel, adversely affect the CONTRACTOR's nonprofit public benefit status.
Section 20. Nondiscrimination
20.1 CONTRACTOR agrees that it shall abide by all state and federal nondiscrimination laws including, but not limited to, not discriminating in any manner against any person or persons on account of age, race, marital status, gender, religious creed, color, ancestry, nat ional origin, sexual orientation, sexual Identity, mental disability, or medical condition in CONTRACTOR's or its renters' use of the Center.
Section 21. Insurance
21.1 Required Insurance Coverage. The CONTRACTOR on behalf of the Center and City shall procure and maintain for the duration of the Agreement insurance coverage against claims for Injuries to persons or damages to property which may arise from or in connection with the Center's operation and use of the Center Premises, as well as its agents, representative, employees, or contractors. The cost of such insurance shall be borne by the Center and the City, as provided for herein. Insurance coverage shall be at least as broad as the following:
(a) Commercial General liability (CGL). Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $10,000,000 per occurrence.
(b) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if the Center has no owned autos, hired (Code 8) and non -owned autos (Code 9), with limits no less than $10,000,000 per accident for bodily injury and property damage.
(c) Workers' Compensation. The Center shall maintain Worker's Compensation as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(d) Employment Practices Liability. Th e Center shall maintain Employment Practices Liability Insurance with limits of no less than $2,000,000.
(e) Directors and Officers Liability. The Center shall maintain Directors and Officers Liability Insurance with limits of no less than $10,000,000.
(f) Property Insurance. The Center shall maintain property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.
(g) Sexual Abuse or Molestation (SAM) Liability. The C GL policy referenced above is not endorsed to Include affirmative coverage for sexual abuse or molestation, the Center shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $2,000,000 per occurrence or claim.
21.2 If the Center maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Center.
21.3 Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
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21.4 Premium Payment. The City shall pay 75% and the CONTRACTOR shall pay 25% of the insurance premiums.
21.5 Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best's rating of no less than A -: FSC VII, or as approved by the City.
21.6 Additional Insured Status. The CGL, Automobile Liability, Employment Practices Liability, Directors and Officer Liability and SAM Liability policies must name the City (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
21.7 Primary Coverage. The Center's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its officials, officers, age nts, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officials, officers, agents, employees, or volunteers shall be in excess of Center's insurance and shall not contribute with it.
21.8 Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the City.
21.9 Subcontractors. If applicable, the Center shall require and verify that all contractors and subcontractors maintain insurance meeting all the requirements stated in this Agreement, and the Center shall ensure that the City (including its officials, officers, agents, employees, and volunteers) is an additional insured on any Insurance required from a subcontractor.
21.10 Waiver of Subrogat ion. The Center hereby grants to the City a waiver of any right to subrogation that any insurer of the Center may acquire against the City by virtue of the payment of any loss under such insurance. The Center agrees to obtain any endorsement that may be ne cessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Any Workers' Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Center, its agents, representatives, employees and subcontractors.
21.11 Legal Liability Coverage. The property insurance is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02 or equivalent) with a limit equal to the replacement cost of the leased property.
21.12 Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. The City may require the Center to purcha se coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. Unless otherwise provided for herein, any and all deductibles and SIRs shall be the sole responsibility of the Center who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. Policies shall NOT contain any self-Insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible.
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21.13 Certificates of Insurance. CONTRACTOR agrees to deposit with City, on or before the effective date of this Agreement, one certificate of insurance for each of the policy or policies necessary to satisfy the insurance provisions of this Agreement and to keep such insurance in effect during the entire term of this Agreement. This certificate must be reviewed by, and acceptable to, the City Attorney prior to commencement of the Agreement Term. CONTRACTOR will also deposit with the City within 60 days of the Effective Date of this Agreement, an additional insured endorsement naming City specifically and separately as an "additional insur ed", with the exception of the worker's compensation policy. The appropriate endorsements described above shall follow within 60 days.
21.14 City Review and Approval. City shall retain the right at any time to review the coverage, form and amount of the insurance required hereby. If, in the opinion of the City, the insurance provisions in this Agreement do not provide adequate protection for City and for members of the public using the Center, City may require CONTRACTOR to obtain insurance sufficient in coverage, form and amount to provide adequate protection from and against the kind and extent of risks which exist or are foreseeable at the time a change in insurance is required. City's requirements shall be reasonable, but shall be designed to assure ade quate protection of the City's interests. The City shall notify CONTRACTOR in writing of changes in the insurance requirements and, if CONTRACTOR does not deposit with City within 60 days of receipt of such notice a new Certificate of Insurance for each policy or policies of insurance incorporating such changes, this Agreement shall be deemed in default without further notice to CONTRACTOR and may be forthwith terminated by the City.
21.15 Insurance No Limit of Liability. The procuring of such required policy or policies of insurance shall not be construed to limit CONTRACTOR's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. Notwithstanding said policy or policies of Insurance, CONTRACTOR shall be obligated for the full and total amount of any damage, injury or loss attributable to any act or omission of it or its agents, customers or guests in c onnection with this Agreement or with use or occupancy of the Center Premises.
Section 22. Indemnification
22.1 City Indemnification. CONTRACTOR shall defend, indemnify, and hold harmless City, its officers, agents, and employees from and against any and all claims, demands, and liabilities for loss of any kind or nature which City, its officers, agents, or employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons or damage to property as a result of, arising out of, or in any manner connected with this Agreement or with the occupancy and use of the Center Premises by CONTRACTOR, its invitees, visitors, or any other persons whatsoever.
CONTRACTOR further agrees to pay any and all costs and expenses, including, but not limited to, court costs and reasonable attorney's fees incurred by City on account of any such claims, demands, or liabilities.
22.2 CONTRACTOR Indemnification. City shall defend, indemnify and hold harmless CONTRACTOR its officers, agents, and employees from and against any and all claims, demands, and liabilities for loss of any kind or nature which CONTRACTOR, its officers, agents, or employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons or damage to property as a result of, arising out of, or in any manner connected with this Agreement or with the occupancy and use of the Center Premises by City, its invitees, visitors, or any other persons whatsoever. City further agrees to pay any and all costs and expenses, including, but not limited to, court costs and reasonable attorney's fees incurred by CONTRACTOR on account of any such claims, demands, or liabilities.
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Section 23. Risk Management and Accident Reports
23.1 Risk Management. Both parties shall engage in responsible and professional risk management activities to the greatest extent possible to minimize the exposure to claims and liability on behalf of itself and the City. Such risk management efforts shall include, but not be limited to, cooperating with the City's legal and insurance staff as well as the City's building and maintenance officials.
23.2 Timely Notice. CONTRACTOR shall immediately report to City any accident causing property damage or injury to persons on the Center Premises. Such report shall contain the names and addresses of the involved parties, a statement of the circumstances, the date and hour of the accident, the names and addresses of any witnesses, and other pertinent informati on or documentation of the incident.
Section 24. Defense of Third-Party Claims and Litigation
24.1 Notice of Claims & Lawsuits. In addition to the requirements of Section 23, CONTRACTOR shall immediately notify the City (in writing) of any notice, claim, or lawsuit ("Claim") served on or presented to the CONTRACTOR, or its Board of Trustees or employees directly, by third - parties arising out of or related to Center operations which may give rise to liability of the CONTRACTOR or the City. Such written notice to the CITY shall be within 24 hours of CONTRACTOR’s receipt of the Claim. CONTRACTOR shall tender the Claim to its insurance carrier provided for in Section 21 and, as appropriate, the insurance carrier for its renter, performer, exhibiter, contractor or subcontractor and seek defense and indemnification of the Claim so presented. If the tender of the defense and indemnification of the Claim is accepted by the insurer, Sections 24.3 and 24.4 shall govern the Parties' obligation as to the payment of the self-insured retention, if any. If the tender of the Claim is not accepted by any insurer, Sections 24.3 and 24.4 shall govern the respective defense and indemnification obligations of the Parties.
24.2 Notice of Government Code Cla ims. The City shall notify CONTRACTOR of any Government Code Claim ("Claim") presented pursuant to California Government Code section 900 et. seq. to the City arising out of or related to Center operations which may give rise to liability of the CONTRACTOR or the City within 10 calendar days of receipt. The Parties shall meet and confer as to the contents of the Claim and City shall tender the defense and indemnification of the Claim to all appropriate insurers who may cover such Claim. If the tender of the d efense and indemnification of the Claim is accepted by the insurer, Sections 24.3 and 24.4 shall govern the Parties' obligation as to the payment of the self -insured retention, if any. If the tender of the Claim is not accepted by any insurer, Sections 24.3 and 24.4 shall govern the respective defense and indemnification obligations of the Parties.
24.3 City Responsibility for Claim. To the extent the Claim relates solely to a fixed, permanent physical attribute of the Center Premises under the responsibility of the City pursuant to this Agreement, the City shall undertake (i) the defense of both the City and CONTRACTOR in the matter and be responsible for the payment of any settlement or judgment on the Claim on behalf of the City and CONTRACTOR, and their respective councils, boards, and employees, and/or (ii) pay the self -insured retention amount necessary to secure insurance coverage.
24.4 CONTRACTOR Responsibility for Claim. To the extent the Claim relates solely to the operation of an event at and/or under the supervision of the Center and its employees, volunteers, patrons, renters, performers, exhibiters, contractors and subcontractors, and unrelated to a fixed, permanent physical attribute of the Center Premises, the CONTRACTOR shall undertake (i) the defense of the City and CONTRACTOR in the matter and be responsible for the payment of any settlement or judgment of the Claim on behalf of the City and CONTRACTOR, and their respective councils, boards and employees, and/or (ii) pay the self -insured re tention amount necessary to secure insurance 224
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CCAE Management Agreement (Sample) - 14 - CAO: 05/01/2024
coverage.
24.5 Shared Responsibility for Claim. To the extent the Claim relates to or arises out of both a fixed, permanent physical attribute of the Center Premises and the operation of an event as described in Section 24.4, the Parties shall meet and confer regarding the joint defense of the Claim including the sharing of resources, potential retention of joint counsel, and sharing in the payment of a settlement or judgment. If the Parties are unable to resolve the dispute between themselves, they may seek appropriate remedies against each other pursuant to this Agreement and state law.
Section 25. Patron Waivers
25.1 City may from time to time require that CONTRACTOR obtain a liability waiver and release from the users of the Center Premises. CONTRACTOR's indemnification obligation provided for herein shall include any claim by the City against the CONTRACTOR for the failure to ensure that any user of the Center executes an enforceable waiver as provided in this Section.
Section 26. No Affiliation
26.1 Nothing contained in this Agreement shall be deemed or construed to create a partnership, joint venture or other affiliation between the City and CONTRACTOR or between the City and any other entity or party, or cause the City to be responsible in any way for the debts or obligations of the CONTRACTOR or any other party or entity.
Section 27. City Payment
27.1 Management Fee. As compensation for the service s performed on behalf of the City by the CONTRACTOR provided for herein, the City will pay the CONTRACTOR a Management Fee. This Management Fee is in addition to the other support by the City to CONTRACTOR as provided for in this Agreement. The amount of the Management Fee throughout the term of this agreement is $55,000 per month. The CONTRACTOR agrees to designate $100,000 of the total management fee each year to support the following community events: The Annual 4th of July (Independence Day) Celebration, Dia de los Muertos, Musica en la Plaza, and Winter Wonderland. Subject to the federal funding requirements detailed in Section 27.3, below, the monthly Management Fee payment by the City to the CONTRACTOR in a given month will be made by the 5th day of that month.
27.2 Use of Revenues. CONTRACTOR shall use such revenues to pay the expenses of operating the Center in accordance with this Agreement. For purposes of this paragraph, “expenses" shall include employee salaries and benefits and all other expen ses of operating/programming the Center. CONTRACTOR agrees that on an annual basis it will provide a report to the City detailing all such revenues and expenses of the Center. Any revenues in excess of those needed to operate the Center shall be used to pu rchase needed items for the facility or placed in a reserve account to offset future operating expenses. CONTRACTOR shall have the right to conduct special fundraising and seek to thereby obtain revenues over and above revenues derived from the operation o f the Center for the purpose of creating and maintaining endowment funds, which shall be and remain the property of CONTRACTOR or the CONTRACTOR Charitable Trust.
27.3 American Rescue Plan Act of 2021 Funds. Coronavirus State and Local Fiscal Recovery Funds ("SLFRF") administrated by the U.S Department of Treasury (“Federal Awarding Agency”) and established by the American Rescue Plan Act of 2021 ("ARPA") will be used to fund all or a portion of this Agreement. CONTRACTOR shall comply with all applicable federal law, regulations, executive orders, SLFRF policies, procedures, and directives relating to such funds. In additional to the Financial 225
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Reporting Requirements detailed in Section 16, above, CONTRACTOR shall comply with all the federal funding requirements set forth in this Section 27.3.
27.3.1 SLFRF Eligible Uses. All ARPA funded activities under this Agreement must meet one of the SLFRF fund eligible use categories as specified in the Final Rule adopted by the US Treasury on n January 6, 2022, which will become effective on April 1, 2022 (“Eligible Uses”). The Final Rule may be accessed at the following link: https://www.federalregister.gov/documents/2022/01/27/2022- 00292/coronavirus-state-and-local-fiscal-recovery-funds. CONTRACTOR certifies that all ARPA funded services provided under this Agreement will meet the SLFRF fund eligible use category of Responding to the far-reaching public health and negative economic impacts of the pandemic, by providing assistance to impacted nonprofits. The COVID-19 pandemic forced the closure of the Center, impacting the local community and tourism industry more than most sectors. This resulted in a loss of revenue to the Center and decline in economic activity in the City. CONTRACTOR is a 501c3 organization. Nonprofits are presumed to be disproportionately impacted by the public health emergency or its negative economic impacts. Funding for the Center will be used to encourage tourism and support the local economy, promoting community activity in the downtown area of the City, a Qualified Census Tract.
27.3.2 Budget. CONTRACTOR shall adhere to the budget specified in Exhibit 3, which is attached hereto and incorporated herein by this reference (“Budget”). The City may require a more detailed Budget breakdown than what is contained in Exhibit 3, and CONTRACTOR shall provide such supplementary Budget information in a timely fashion in the form and content prescribed by the City. Any changes to the Budget may only be made by written amendment signed by both the City and CONTRACTOR. CONTRACTOR is responsible for complying with the Cost Principles set forth in 2 CFR Part 200 Subpart E. CONTRACTOR must have adequate financial management systems and internal controls in place to account for the expenditure of federal funds. CONTRACTOR must ensure that all expenditures for services provided under this Agreement comply with restrictions related to administrative costs.
27.3.3 General Compliance. Throughout the term of this Agreement, CONTRACTOR shall comply with all requirements applicable to use of SLFRF funds includ ing adherence to future guidelines that may be established by the U.S. Treasury during the term of this Agreement.
CONTRACTOR shall comply with all applicable federal, state, and local laws, regulations, and policies governing the funds provided under thi s Agreement. At all times during the term of this Agreement, CONTRACTOR shall comply with the Grant Award Terms and Conditions. CONTRACTOR may request, and CONTRACTOR shall supply to the City, any additional information from the CONTRACTOR as needed to me et any additional guidelines regarding the Eligible Uses and/or use of SLFRF funds that may be established by the U.S. Treasury during the term of this Agreement.
27.3.4 Restricted or Ineligible Uses of SLFRF Funds. If at any time during the term of this Agreement, the City determines that any portion of the services provided by CONTRACTOR hereunder constitute a restricted or ineligible use of SLFRF funds, then the City may terminate or suspend this Agreement as more particularly described in Section 29.4. Within 30 of written notice from the City of the restricted or ineligible use of SLFRF funds, CONTRACTOR shall refund the City all SLFRF funds paid by the City to CONTRACTOR in connection with the restricted or ineligible use. Restricted/Ineligible uses of ARPA funds include, but are not limited to: usage of funds to either directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation or administrative interpretation during the covered period that reduces any ta x or delays the imposition of any tax or tax increase; damages covered by insurance; usage of funds as a deposit into any pension fund; expenses that have been or will be reimbursed under any federal program; debt service costs; contributions to a “rainy day" fund; and legal settlements.
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CCAE Management Agreement (Sample) - 16 - CAO: 05/01/2024
27.3.5 Clean Air Act. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
CONTRACTOR agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Awarding Agency, and the appropriate Environmental Protection Agency Regional Office. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the Federal Awarding Agency.
27.3.6 Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONTRACTOR agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Awarding Agency, and the appropriate Environmental Protection Agency Regional Office.
CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the Federal Awarding Agency.
27.3.7 Debarment and Suspension.
a. This Agreement is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, CONTRACTOR is required to verify that none of CONTRACTOR’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). b. CONTRACTOR shall comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction CONTRACTOR enters into.
c. This certification is a material representation of fact relied upon by the City. If it is later determined that CONTRACTOR 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. d. CONTRACTOR 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 fr om this offer. CONTRACTOR further agrees to include a provision requiring such compliance in its lower tier covered transactions.
27.3.8 Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). a. Prior to entering into this Agreement, CONTRACTOR shall file the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended)). Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with 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 Federal Awarding Agency.
b. Required Certification. At the time CONTRACTOR executes this Agreement, CONTRACTOR 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 Exhibit 4 and incorporated herein by this reference. 227
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CCAE Management Agreement (Sample) - 17 - CAO: 05/01/2024
27.3.9 Procurement of Recovered Materials. In the performance of this Agreement, CONTRACTOR 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 Agre ement 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. CONTRACTOR 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.
27.3.10 Access to Records. The following access to records requirements apply to this Agreement: (1) CONTRACTOR agrees to provide the City, the Federal 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 CONTRACTOR that are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions; (2) CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed ; and (3) CONTRACTOR agrees to provide the Federal Awarding Agency Administrator or their authorized representatives access 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 CONTRACTOR acknowledges and agrees that no language in this Agreement is intended to prohibit audits or internal reviews by the Federal Awarding Agency Administrator or the Comptroller General of the United States.
27.3.11 Federal Awarding Agency Seal, Logo, and Flags. CONTRACTOR shall not use the Federal Awarding Agency seal(s), logos, crests, or reproductions of flags or likenesses of Federal Awarding Agency officials without specific Federal Awarding Agency pre-approval.
27.3.12 Records
a. Records Maintenance. Records, in their original form, must be maintained in accordance with requirements prescribed by the City with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement.
Such records must be retained for a period three years after termination of this Agreement and after final disposition of all pending matters. “Pending matters” include, but are not limited to, an audit, litigation or other actions involving re cords. Records, in their original form pertaining to matters covered by this Agreement, must at all times be retained within the County of San Diego unless authorization to remove them is granted in writing by the City.
b. Records Inspections. At any time during normal business hours and as often as either the City, Inspector General acting pursuant to the Inspector General Act of 1978, or the Auditor General of the State of California may deem necessary, CONTRACTOR must make available for examination all of its records with respect to all matters covered by this Agreement. The City, Inspector General, and the Auditor General of the State of California each have the authority to audit, examine and make excerpts or transcripts from records, including all CONTRACTOR’s invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. CONTRACTOR agrees to provide any reports requested by the City regarding performance of this Agreement. With respect to inspection of CONTRACTOR’s records, the City may require that CONTRACTOR provide supporting documentation to substantiate CONTRACTOR’s expenses with respect to the CONTRACTOR’s use or expenditure of the grant amount.
27.3.12 Administrative Requirements.
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CCAE Management Agreement (Sample) - 18 - CAO: 05/01/2024
a. Reporting Requirements. In order to ensure compliance with the existing ARPA guidelines set forth by the U.S. Treasury – while also ensuring that all expenditures within the scope of this Agreement adhere to future guidelines that may be established by the U.S. Treasury during the term of this Agreement – CONTRACTOR, when requesting reimbursement for costs incurred for Eligible Uses, shall provide to the City a comprehensive and detailed list of all such expenditures on an itemized invoice, and shall also provide any backup documentation to support such expenditures. Said invoice must include a statement, signed by the CONTRACTOR, indicating that all expenditures therein comport with guidelines and requirements applicable to SLFRF funds as set forth by the U .S. Treasury.
Reimbursement requests shall be submitted to the City no more than once per month.
b. Timeline Regarding the Dissemination of Funds to Subrecipient. Upon receipt of the CONTRACTOR’s complete reimbursement request, the City shall disseminate funds for all Eligible Uses therein within 30 days of receipt of said reimbursement request. The dissemination of SLFRF funds shall only occur after the City reviews CONTRACTOR’s reimbursement request to ensure that all expenditures detailed therein qualify for reimbursement in accordance with all published federal, state, and local guidance regarding the use of SLFRF funds as specified in the ARPA. All payments from the City to CONTRACTOR are contingent on the availability of SLFRF funds to the City, and further subject to all applicable federal, state, and local laws regarding the governance of SLFRF funds within the ARPA.
27.3.12 Civil Rights. Recipients of Federal financial assistance from the U .S. Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the U.S. Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the C ivil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93- 112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23.
Section 28. Coordination of Activities
28.1 Notice to City. In order to avoid conflicts, CONTRACTOR will notify the City and the City will notify CONTRACTOR within a reasonable time after the approved schedulin g of events in and improvements to Grape Day Park or the Great Lawn. City will consult and coordinate with the CONTRACTOR with respect to any facilities maintenance or improvements which may impact or conflict with scheduled CONTRACTOR or Center events and CONTRACTOR will consult with the City in the planning of approved improvements or additions to Center Premises.
28.2 Outdoor Noise Response. The CONTRACTOR is responsible for ensuring that its outdoor events are conducted consistent with the City's Noise Abatement and Control Ordinance.
CONTRACTOR shall make available during outdoor events an individual to respond to noise complaints from City residents in person and/or by phone. CONTRACTOR shall make public on its website an operable number for the recei pt of noise complaints and shall be responsible for the satisfactory resolution of such reports.
Section 29. Term of Operation and Management Agreement
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CCAE Management Agreement (Sample) - 19 - CAO: 05/01/2024
29.1 Initial Term. This Agreement shall commence upon the Effective Date and shall expire on [date] unless terminated pursuant to Section 29.4 (the "Initial Term").
29.2 Renewal Option. Within three months before the expiration of the Initial Term, City and CONTRACTOR may, extend the term of this Agreement (Extension Period) upon and subject to all of the provisions contained herein, or as otherwise agreed to by the Parties, for a single, additional one (1) year period.
29.3 Holding Over. At the expiration of the Initial Term and one Extension period provided for herein, in the event the City permits CONTRACTOR to continue to operate the Center, all other terms and conditions of this Agreement shall continue in full force and effect, on a month to-month basis.29.4
29.4 Termination.
29.4.1 For Cause. This Agreement may be terminated at any time for cause, provided written Notice of Default ("Default Notice") in performance is provided to the other Party. Within 30 days of the date of such Default Notice, the Party receiving the Default Notice shall have the right to cure to the reasonable satisfaction of the other Party the breach or failure of performance under the terms of this Agreement.
29.4.2 For Convenience. Either Party may, at any time during the term of this Agreement, terminate this Agreement for any reason (i.e. without cause) by tendering six months advance written notice to the other Party.
29.4.3 Immediate Termination. City may terminate this Agreement immediat ely in the event the CONTRACTOR is declared insolvent by a court of competent jurisdiction, or is dissolved, or loses its tax-exempt status.
29.4.4 Existing Obligations. Any termination of this Agreement shall not have any effect on bona fide contracts, e ntered into in good faith by CONTRACTOR and City shall make reasonable efforts to accept such contracts. CONTRACTOR shall cooperate to diligently and promptly to assign such agreements to the City.
29.4.5 CONTRACTOR Remaining Assets. If, for any reason, t he CONTRACTOR is dissolved, any assets remaining, including cash, after satisfaction of all debts and obligations, will be transferred to another nonprofit organization with a similar mission, as required by law.
Section 30. General Provisions
30.1 No Ri ght to Assign or Transfer. As the City has relied on the particular expertise of CONTRACTOR in entering into this Agreement, CONTRACTOR shall not assign, delegate, or transfer any duty or right under this Agreement, except as specifically authorized, and a ny such purported assignment, delegation, or subletting shall be void, unless the City has approved such action in writing in advance.
30.2 Amendment of Agreement. This Agreement may be amended at any time by the Parties provided that all additions, deletions or changes are made in writing and executed by both Parties. The Contract Administrator may execute implementing MOUs and amendments to this Agreement without further City Council approval for all changes within the authority of the Contract Administr ator under the Escondido Municipal Code.
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CCAE Management Agreement (Sample) - 20 - CAO: 05/01/2024
30.3 Provisions Cumulative. The foregoing provisions are cumulative and in addition to and not in limitation of any other rights or remedies available to the City.
30.4 Merger Clause. This Agreement and its Exhibi ts, if any, are the entire understanding of the Parties, and there are no other terms or conditions, written or oral, controlling this matter. In the event of any conflict between the provisions of this Agreement and its Exhibits, if any, the provisions of this Agreement shall prevail.
30.5 Anti-Waiver Clause. None of the provisions contained herein shall be waived because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived, in whole or in part.
30.6 Severability. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provisions of this Agreement.
30.7 Costs and Attorney's Fees. In the event that either Party should bring suit against the other Party to enforce any provisions of this Agreement, the prevailing Party in such litigation shall pay the other Party's costs and reasonable attorneys' fees incurred pursuant to said litigation.
30.8 Force Majeure. The time within which the Parties hereto shall be required to perform any act under this Agreement, other than the payment of money, shall be extended by a period of time equal to the number of days during which performance of such act is delayed due to an act of God, fire, earthquake, flood, explosion, war, invasion, insurrection, riot, mob violence, or any other similar cause beyond the reasonable control of either of the Parties.
30.9 Choice of Law. This Agreement shall be governed by the laws of the State o f California.
Venue for any action arising from this Agreement, including but not limited to matters concerning validity, construction, performance or enforcement shall be heard exclusively in the state court located In North San Diego County, California, or federal courts located in San Diego County, as allowable under federal law.
30.10 Notice to Parties. Any statements, communications or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated below, until such time as notice of any changes of person to be notified or change of address is forwarded to both Parties:
Notice to the City: [address]
[contact name, title]
[phone]
[email]
Notice to Contractor: [address]
[contact name, title]
[phone]
[email]
30.11 Business License. CONTRACTOR shall be required to maintain a City of Escondido Business License during the term of this Agreement.
IN WITNESS WHEREOF, th is Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date.
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Attachment “2”
CCAE Management Agreement (Sample) - 21 - CAO: 05/01/2024
CITY OF ESCONDIDO
Date: __________________ ___________________________________ Dane White, Mayor
CONTRACTOR
Date: __________________ ___________________________________ Signature
___________________________________
Name & Title (please print)
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
By:________________________________
Date: __________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.
Exhibit 1
Overhead Photo of Campus Perimeter
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Attachment “2”
Exhibit 2
Center Premises Regular Maintenance
The Parties shall be responsible for the following maintenance and cleaning of the Center Premises:
CITY MAINTENANCE RESPONSIBILITIES.
[To be determined based on proposals received in response to RFP No. 24-30]
CONTRACTOR MAINTENANCE RESPONSIBILITIES.
[To be determined based on proposals received in response to RFP No. 24-30]
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Attachment “2”
Exhibit 3
Budget
Organization: CONTRACTOR
Project Title: CCAE Management
ITEM
(SLFRF Eligible Use)
ESCONDIDO
FUNDING
OTHER FUNDS
(If Applicable)
PROJECT
TOTAL
AMOUNT SOURCE
Total
234
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Attachment “2”
Exhibit 4
ATTACHMENT 1 - 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 o f any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the la nguage of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Contractor, entity type ] (“CONTRACTOR”) certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the CONTRACTOR understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
_______________________________________
Signature of CONTRACTOR’s Authorized Official
_______________________________________
Name and Title of CONTRACTOR’s Authorized Official
____________________
Date
235
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Attachment "3"
California Center for the Arts, Escondido (CCAE) Facility Map 236
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Attachment "4"
Council Date Wednesday, May 8, 2024
Application Opens Wednesday, May 15, 2024
Informational Zoom Call Thursday, June 6, 2024
Required In-person Tour 1 Thursday, June 13, 2024
Deadline to Submit Questions Wednesday, July 31, 2024
Questions Posted Friday, August 9, 2024
Optional In-person Tour 2 Thursday, August 29, 2024
Proposals Due Friday, November 1, 2024
Review Proposals November - December 2024
Interviews December 2024 - January 2025
Negotiations and Contract January - April 2025
New Contract Signed April for July 1, 2025 start date
CCAE RFP Proposed Timeline
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Item Cost Notes
Information Technology and Systems 33,440.00$
SDG&E 897,499.48$
Water and Wastewater 91,135.06$
Maintenance Staff and Repairs 2,539,868.47$
Special Liability Insurance 153,725.52$ City pays 75% of this amount, the current operator pays 25% Facility Contracts 112,054.00$
Total annual average expenses 3,827,722.53$
Estimated required one-time maintenance 5,750,000$
CCAE Property Average Annual Expenses Currently Incured by the City of Escondido 238
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Attachment "4"
Year Amount
2023 33,440.00$
Information and Technology Expenses
Notes
Phone servers, internet access and employee costs
239
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Attachment "4"
2018-19 2019-20 2020-21 2021-22 2022-23
2023-24
(Through Jan 2024)
Conference Center (E1)
Acct No. 1090235958 $ 124,659.35 112,997.11$ 89,496.34$ 157,108.03$ 170,670.14$ 72,300.91$ Conference Center (E2)
Acct No. 8965228968 $ 6,975.30 6,397.62$ 6,685.58$ 6,356.49$ 5,405.30$ 2,960.51$ Conference Center (G1)
Acct No. 1090235958 $ 2,058.39 2,619.62$ 1,466.48$ 3,041.11$ 3,844.33$ 1,833.32$ Community Theatre
Acct No. 2215235959 $ 126,233.48 112,390.92$ 66,624.94$ 127,280.50$ 142,588.91$ 63,188.80$ Concert Hall (E.)
Acct No. 3340235951 $ 255,477.32 243,254.26$ 142,828.07$ 270,807.63$ 284,308.64$ 128,090.85$ Concert Hall (G)
Acct No. 3340235951 $ 290.81 783.41$ 740.26$ 209.81$ 129.48$ 72.82$ Museum
Acct No. 5590235952 $ 66,989.46 70,931.08$ 63,197.51$ 86,173.04$ 90,033.43$ 41,556.58$ Central Plant (E1)
Acct No. 7840235955 $ 106,828.23 97,878.90$ 94,944.37$ 116,292.40$ 124,080.22$ 42,256.00$ Central Plant (E2)
Acct No. 8965235954 $ 30,729.12 36,595.98$ 29,090.92$ 36,409.54$ 38,273.39$ 141,241.63$ Central Plant (G)
Acct No. 6715235953 $ 137,139.49 140,975.02$ 112,220.10$ 231,562.41$ 303,423.16$ 69,358.41$ TOTALS 857,380.95$ 824,823.92$ 607,294.57$ 1,035,240.96$ 1,162,757.00$ 562,859.83$ COVID Year 5-Year Average
SDG&E
SDG&E ACCOUNTS - 5 YEAR EXPENSES
240
Item12.
Attachment "4"
Totals (Actual)
602,572.53$
27,805.50$
12,804.86$
512,074.07$
1,069,289.45$
1,935.78$
351,891.64$
475,451.89$
281,611.46$
857,539.10$
4,192,976.28$
897,499.48$
SDG&E ACCOUNTS - 5 YEAR EXPENSES
241
Item12.
Attachment "4"
Year Amount
2018 100,635.15$
2019 100,070.35$
2020 84,997.55$
2021 70,370.47$
2022 95,117.58$
2023 95,619.23$
2024 77,662.15$
2018-2023 Average 91,135.06$
Through March 2024
Water and Wastewater Costs for CCAE Facility
Notes
242
Item12.
Attachment "4"
5001 - REG FULL TIME -$ -$ -$ -$ 5025 - OTHER EMPL OVHD -$ -$ -$ -$ 5026 - PERS -$ -$ -$ 5027 - MEDICAL -$ -$ -$ -$ 5028 - WORK COMP -$ -$ -$ -$ 5030 - FLEX BEN -$ -$ -$ -$ 5125 - BLDG MAINT INT SVCS -$ -$ -$ 654,025.00$ 5131 - PROF SVCS -$ -$ -$ 788,365.00$ 5170 - UTILITIES -$ -$ -$ 834,500.00$ 5172 - TELECOM -$ -$ -$ 41,860.00$ 5178 - NET & SYS ADMIN -$ -$ -$ 73,565.00$ 5525 - LOAN PRIN PAY -$ -$ -$ 4,225.00$ 5169 - OTHER INSUR -$ -$ -$ -$ 5190 - OTHER ENTERP -$ -$ -$ -$ 5001 - REG FULL TIME -$ 23,696.30$ (23,696.30)$ -$ 5004 - TEMP PT -$ 118.92$ (118.92)$ -$ 5020 - OT -$ 382.27$ (382.27)$ -$ 5025 - OTHER EMPL OVHD -$ 834.73$ (834.73)$ -$ 5026 - PERS -$ 2,064.61$ (2,064.61)$ -$ 5027 - MEDICAL -$ 5,225.74$ (5,225.74)$ -$ 5028 - WORKERS COMP -$ 2,063.07$ (2,063.07)$ -$ 5030 - FLEX BEN -$ 82.63$ (82.63)$ -$ 5101 - OP SUPPLIES -$ 4,392.40$ (4,392.40)$ -$ 5131 - PROF SVCS -$ 510.00$ (510.00)$ -$ SUBTOTAL 001 -$ 39,370.67$ (39,370.67)$ 2,396,540.00$ 5209 - OTHER CAP OUTLAY -$ -$ -$ -$ SUBTOTAL 229 -$ -$ -$ -$ 5001 - REG FULL TIME -$ -$ -$ -$ CCAE BUDGETED/ACTUAL - 5 YEAR EXPENSE OVERVIEW
FUND ACCT CODES
2018-19 2019-20
Budget
PRGM 50061
Actual Remaining Bal. Budget
229 DEPT 140
555 PRGM 10049
001
PRGM 10049
DEPT 140
243
Item12.
Attachment "4"
5004 - TEMP PT -$ -$ -$ -$ 5020 - OT -$ -$ -$ -$ 5025 - OTHER EMPL OVHD -$ -$ -$ -$ 5026 - PERS -$ -$ -$ -$ 5027 - MEDICAL -$ -$ -$ -$ 5028 - WORKERS COMP -$ -$ -$ -$ 5101 - OP SUPPLIES -$ -$ -$ -$ 5160 - TRAINING -$ -$ -$ -$ 5173 - OTHER TELEPONE -$ -$ -$ -$ PRGM 50027 5171 - CITY WATER -$ 100,070.35$ (100,070.35)$ -$ SUBTOTAL 555 -$ 100,070.35$ (100,070.35)$ -$ 5001 - REG FULL TIME -$ -$ -$ -$ 5020 - OT -$ -$ -$ -$ 5025 - OTHER EMPL OVHD -$ -$ -$ -$ 5026 - PERS -$ -$ -$ -$ 5027 - MEDICAL -$ -$ -$ -$ 5028 - WORKERS COMP -$ -$ -$ -$ 5101 - OP SUPPLIES -$ -$ -$ -$ 5001 - REG FULL TIME 52,101.00$ 27,834.24$ 24,266.76$ 122,060.84$ 5004 - TEMP PT -$ -$ -$ 11,502.00$ 5020 - OT 15,405.00$ 2,018.78$ 13,386.22$ 15,405.00$ 5025 - OTHER EMPL OVHD 1,755.00$ 942.11$ 812.89$ 4,186.14$ 5026 - PERS 5,480.00$ 2,714.83$ 2,765.17$ 11,736.41$ 5027 - MEDICAL 10,144.00$ 5,569.75$ 4,574.25$ 26,319.19$ 5028 - WORKERS COMP 4,622.00$ 2,575.33$ 2,046.67$ 7,998.18$ 5101 - OP SUPPLIES -$ -$ -$ -$ 5131 - PROF SVCS 292,630.00$ 375,018.41$ (82,388.41)$ 278,360.00$ 5139 - OTHER BLDG REPAIR/MAINT 9,620.00$ 22,709.56$ (13,089.56)$ 35,647.00$ 5170 - UTILITIES -$ 50,567.39$ (50,567.39)$ -$ SUBTOTAL 650 391,757.00$ 489,950.40$ (98,193.40)$ 513,214.76$ 5139 - OTHER BLDG REPAIR/MAINT -$
SUBTOTAL 651 -$ -$ -$ -$ TOTAL 391,757.00$ 629,391.42$ (237,634.42)$ 2,396,540.00$ 651 DEPT 140
555 PRGM 10049
650
PRGM 10049
PRGMS
50025-28,
50033, 50061
244
Item12.
Attachment "4"
5-Year Budget Average 2,596,064.00$
5-Year Budget Actual 2,539,868.47$
245
Item12.
Attachment "4"
-$ -$ -$ 78.53$ -$ -$ 1,958.21$ -$ -$ -$ -$ 3.44$ -$ -$ 59.29$ -$ -$ -$ -$ 8.82$ -$ -$ 216.34$ -$ -$ -$ -$ 2.42$ -$ -$ 91.70$ -$ -$ -$ -$ 7.94$ -$ -$ 48.70$ -$ -$ -$ -$ 2.13$ -$ -$ 85.62$ -$ 654,024.96$ 0.04$ 750,780.00$ 750,780.00$ -$ 682,860.00$ 682,860.12$ (0.12)$ 788,365.00$ -$ 788,370.00$ 788,370.00$ -$ 800,200.00$ 800,200.00$ -$ 810,366.95$ 24,133.05$ 764,500.00$ 502,814.97$ 261,685.03$ 630,000.00$ 964,997.16$ (334,997.16)$ 41,859.84$ 0.16$ 59,680.00$ 59,679.96$ 0.04$ 24,780.00$ 24,779.88$ 0.12$ 73,564.80$ 0.20$ 77,910.00$ 77,910.00$ -$ 74,840.00$ 74,840.04$ (0.04)$ 4,224.72$ 0.28$ 1,760.00$ 2,111.52$ (351.52)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 200,000.00$ 200,000.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 2,372,406.27$ 24,133.73$ 2,443,000.00$ 2,181,769.73$ 261,333.55$ 2,412,680.00$ 2,750,137.06$ (334,997.20)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 133.38$ -$ -$ 764.20$ -$ CCAE BUDGETED/ACTUAL - 5 YEAR EXPENSE OVERVIEW
2019-20 2020-21 2021-22
Remaining Bal. Budget Actual Remaining Bal.ActualActual Remaining Bal. Budget 246
Item12.
Attachment "4"
-$ -$ -$ 212.95$ -$ -$ 40,653.01$ -$ -$ -$ -$ -$ -$ -$ 872.58$ -$ -$ -$ -$ 9.17$ -$ -$ 680.18$ -$ -$ -$ -$ 39.79$ -$ -$ 4,596.88$ -$ -$ -$ -$ 49.23$ -$ -$ 223.87$ -$ -$ -$ -$ 20.52$ -$ -$ 2,793.17$ -$ -$ -$ -$ -$ -$ -$ 921.19$ -$ -$ -$ -$ -$ -$ -$ 286.34$ -$ -$ -$ -$ -$ -$ -$ 375.15$ -$ -$ -$ -$ 465.04$ -$ -$ 52,166.57$ -$ -$ -$ -$ 619.77$ (619.77)$ -$ 11,665.92$ (11,665.92)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 18.06$ (18.06)$ -$ 320.33$ (320.33)$ -$ -$ -$ 58.11$ (58.11)$ -$ 1,083.67$ (1,083.67)$ -$ -$ -$ 80.24$ (80.24)$ -$ 1,330.39$ (1,330.39)$ -$ -$ -$ 56.54$ (56.54)$ -$ 1,178.80$ (1,178.80)$ -$ -$ -$ 71.33$ (71.33)$ -$ -$ -$ 33,666.26$ 88,394.58$ 128,809.00$ 35,758.51$ 93,050.49$ 127,281.00$ 20,834.22$ 106,446.78$ -$ 11,502.00$ 11,502.00$ 8,238.08$ 3,263.92$ 20,535.00$ 3,814.82$ 16,720.18$ 343.83$ 15,061.17$ 15,405.00$ 21,705.65$ (6,300.65)$ 15,405.00$ 18,709.00$ (3,304.00)$ 1,271.72$ 2,914.42$ 4,414.00$ 1,866.99$ 2,547.01$ 5,018.00$ 1,477.06$ 3,540.94$ 3,269.05$ 8,467.36$ 9,058.00$ 4,947.72$ 4,110.28$ 12,841.00$ 3,369.98$ 9,471.02$ 4,605.69$ 21,713.50$ 14,690.00$ 3,537.52$ 11,152.48$ 15,316.00$ 1,219.29$ 14,096.71$ 2,203.58$ 5,794.60$ 8,106.00$ 3,604.47$ 4,501.53$ 8,761.00$ 2,813.27$ 5,947.73$ -$ -$ -$ -$ -$ -$ -$ -$ 329,209.05$ (50,849.05)$ 340,725.00$ 618,334.97$ (277,609.97)$ 280,300.00$ 243,079.01$ 37,220.99$ 12,148.22$ 23,498.78$ 47,099.00$ 14,463.35$ 32,635.65$ 45,349.00$ 40,272.07$ 5,076.93$ 55,678.36$ (55,678.36)$ -$ 136,507.96$ (136,507.96)$ -$ 77,931.55$ (77,931.55)$ 386,717.40$ 126,497.36$ 579,808.00$ 713,361.31$ (133,553.31)$ 530,806.00$ 351,167.83$ 179,638.17$ 938,000.00$ (938,000.00)$ -$ -$ -$ -$ 267,850.63$ (267,850.63)$ 938,000.00$ (938,000.00)$ -$ -$ -$ -$ 267,850.63$ (267,850.63)$ 2,372,406.27$ 24,133.73$ 2,443,000.00$ 2,182,234.77$ 261,333.55$ 2,412,680.00$ 2,802,303.63$ (334,997.20)$ 247
Item12.
Attachment "4"
248
Item12.
Attachment "4"
-$ 47.46$ -$ -$ -$ -$ -$ 2.26$ -$ -$ -$ -$ -$ 4.91$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3.93$ -$ -$ -$ -$ -$ 2.58$ -$ -$ -$ -$ 713,270.00$ 713,270.28$ (0.28)$ 1,008,960.00$ 672,640.00$ 336,320.00$ 655,370.00$ 656,527.50$ (1,157.50)$ 660,000.00$ 440,000.00$ 220,000.00$ 810,000.00$ 1,165,004.90$ (355,004.90)$ 1,177,300.00$ 790,478.43$ 386,821.57$ 24,300.00$ 24,300.24$ (0.24)$ 17,870.00$ 11,913.36$ 5,956.64$ 77,790.00$ 77,790.36$ (0.36)$ 74,340.00$ 49,560.00$ 24,780.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 108,900.00$ 115,294.14$ (6,394.14)$ 200,000.00$ 200,000.00$ -$ 200,000.00$ 200,000.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 2,480,730.00$ 2,836,954.42$ (356,163.28)$ 3,247,370.00$ 2,279,885.93$ 967,484.07$ -$ -$ -$ -$ 120,650.00$ (120,650.00)$ -$ -$ -$ -$ 120,650.00$ (120,650.00)$ -$ -$ -$ -$ -$ -$ CCAE BUDGETED/ACTUAL - 5 YEAR EXPENSE OVERVIEW
2022-23 2023-24
Budget Actual Remaining Bal. Budget Actual Remaining Bal. 249
Item12.
Attachment "4"
-$ 54,759.09$ -$ -$ 31,786.38$ -$ -$ -$ -$ -$ -$ -$ -$ 843.18$ -$ -$ 492.69$ -$ -$ 5,781.17$ -$ -$ 3,671.37$ -$ -$ -$ -$ -$ -$ -$ -$ 3,852.30$ -$ -$ 2,387.17$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 929.63$ -$ -$ 404.36$ -$ -$ 66,165.37$ -$ -$ 38,741.97$ -$ -$ 8,083.09$ (8,083.09)$ -$ 3,751.70$ (3,751.70)$ -$ 414.40$ (414.40)$ -$ -$ -$ -$ 227.33$ (227.33)$ -$ 127.33$ (127.33)$ -$ 807.93$ (807.93)$ -$ 433.32$ (433.32)$ -$ 1,016.99$ (1,016.99)$ -$ 591.97$ (591.97)$ -$ 664.34$ (664.34)$ -$ 140.31$ (140.31)$ -$ -$ -$ -$ -$ -$ 19,583.80$ (19,583.80)$ 195,430.53$ 26,386.40$ 169,044.13$ 738.65$ (738.65)$ 22,400.00$ 507.08$ 31,277.69$ 23,003.00$ 38,851.29$
1,488.34$ (1,488.34)$ 6,911.30$ 1,813.15$ 5,098.15$ 3,010.04$ (3,010.04)$ 22,605.00$ 4,234.99$ 18,370.01$ 1,884.80$ (1,884.80)$ 33,978.00$ 4,545.67$ 29,432.33$ 3,404.22$ (3,404.22)$ 14,902.90$ 4,598.09$ 10,304.81$ -$ -$ -$
299,075.55$ (299,075.55)$ 334,691.00$ 366,953.82$ (32,262.82)$ 46,310.39$ (46,310.39)$ 30,381.00$ 14,472.40$ 15,908.60$ 96,696.02$ (96,696.02)$ -$ 73,660.68$ (73,660.68)$ -$ 417,987.56$ (386,709.87)$ 684,302.73$ 467,407.52$ 210,850.58$ -$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 2,480,730.00$ 2,903,119.79$ (356,163.28)$ 3,247,370.00$ 2,439,277.90$ 846,834.07$ 250
Item12.
Attchment "4"
Service Est Cost Notes
Elevator Permits (Wondoor) 2,154.00$ Inspection And Testing The Operation Of The Automatic Closing Fireguard Doors Amtech 20,600.00$ Elevator Repair Services
Rigging Inspection 3,500.00$ Examine And Certify Fall Security Apparatus Cci 7,200.00$ Water Treatment Services For Cooling Towers, Chillers, Hot Water Systems Ao Reed Vfd Inspections 11,556.00$ Monthly Variable Frequency Drives (Vfd) Services For Boilers, Chillers, Air Handlers Gala Systems 5,000.00$ Maintenance And Inspection Of Orchestra Lifts Omni Concepts 5,000.00$ Annual Inspection Services Of Partition Walls Safeguard Exhaust Cleaners 3,000.00$ Exhaust System Cleaning (Kitchen Hoods, Ductwork, And Exhaust Fans) Culligan 3,600.00$ Maintenance Of Three Portable Exchange Soft Water Tanks Progressive Technology 21,144.00$ Security/Fire Alarm Services Generators Global Power 3,500.00$ Preventative Generator Maintenance Generator Permits 20,000.00$ Preventative Generator Maintenance For Permitting Firehawk Fire Ext. Inspection 5,800.00$ Hand Held Portable Fire Extinguisher Inspections, Testing, And Recharge 112,054.00$
CCAE ANNUAL FACILITY CONTRACTS
251
Item12.
Attachment "4"
Needed Work Estimation
Kitchen Plumbing 200,000$
*Carpet (Theatre) 750,000$
Roofing 850,000$
Theatre Seating 2,400,000$
Sound Absorption Paneling UNKNOWN
Lighting To Led (Theatre) 150,000$
Motor Service For Stage UNKNOWN
Wiring ( R&R Controls) 150,000$
Central Plant Chillers 1,200,000$
Reheat 50,000$
5,750,000$
MAJOR CCAE MAINTENANCE/END-OF-LIFE PROJECTS
252
Item12.
STAFF REPORT
May 8, 2024
File Number 0600-10; A-3501
SUBJECT
AUTHORIZE THE PURCHASE OF PLAYGROUND EQUIPMENT FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT PLAYGROUND EQUIPMENT REPLACEMENT PROJECT AT WASHINGTON PARK, JESMOND
DENE PARK, AND WESTSIDE PARK
DEPARTMENT
Public Works
RECOMMENDATION
Request the City Council adopt Resolution No. 2024-39, authorizing the Mayor to execute, on behalf of the City of Escondido (“City”) , a cooperative Purchase Agreement through Sourcewell with Miracle Recreation Equipment Company, in the amount of $520,928.97 for the purchase of playground equipment for children 2-5 years, 5 -12 years, and integrated shade structures for the Community Development Block Grant ( “CDBG”) Playground Equipment Replacement Project at Washington Park, Jesmond Dene Park, and Westside Park.
Staff Recommendation: Approval (Public Works: Joseph Goulart, Director of Public Works) Presenter: Wayne Thames, Parks Superintendent
ESSENTIAL SERVICE – Yes, Maintenance of Parks Facilities/Open Spaces COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido
FISCAL ANALYSIS
Adequate funding for this purchase is programmed in the CDBG Fund, Project No. 346670, Playground Equipment Replacement.
PREVIOUS ACTION
As required for CDBG funding from the U.S. Department of Housing and Urban Development (“HUD”), the City must prepare a Citizen Participation Plan, a Five-Year Consolidated Plan, and an Annual Plan. In May 2020, the City held a public hearing and approved the current Five -Year Consolidated Plan. This p lan established priorities for the use of these federal funds over the five-year period, ending June 30, 2025. 253
Item13.
CDBG-funded projects that were closed in 2019 and 2020 were completed under budget. The excess funds, approximately $695,000, were returned to the CDBG Unallocated account and became available for reprogramming.
On November 18, 2020, Council approved the proposed reprogramming and reallocation of funds from the CDBG Unallocated account and the formal Action Plan Amendment required by HUD when substantial changes are made to the existing plan. Th e approved Amendment allocated $775,000 to the CDB G Playground Equipment Replacement Project.
BACKGROUND
HUD administers the annual federal allocation of CDBG funds for eligible municipalities. The CDBG Program is designed to provide assistance to units of general local government in improving economic opportunities and meeting community revitalization needs, particularly for persons of low and moderate- income. The City receives an annual federal allocation from HUD which in turn funds City -wide CDBG eligible projects
City staff identified three community park projects that align with CDBG eligibility and would greatly benefit from playground equipment replacement . These locations include Washington Park , Jesmond Dene Park, and Westside Park.
In late December 2023 through early February 2024, the City actively encouraged public participation in the decision -making process by soliciting feedback on two potential playground equipment structure designs from Miracle Recreation Equipment Compan y. The survey for Westside Park collected 69 responses, Washington Park received 65 responses and Jesmond Dene Park garnered 603 responses.
The community consensus for Washington Park overwhelming favors design option “B” (refer to Resolution No. 2024 -39 Exhibit “A”), favored by 75 percent for the 2-5-year-old playground equipment structure and 58 percent for the 5-12-year-old playground equipment structure. The survey for Jesmond Dene Park also depicts option “B” as the favored design for the 2-5-year-old playground equipment structure, by 65 percent, and the 5-12-year-old playground equipment structure, by 73 percent. Westside Park community input for the 2-5-year-old playground equipment structure and 5-12-year-old playground equipment structure favored design option “A” (refer to Resolution No. 2024-39 Exhibit “A”) by 68 percent and 63 percent respectively.
Escondido Municipal Code Chapter 10, Article 5, Section 10 -91, authorizes the purchase of goods or services with cooperative purchasing programs conducted by the State, County, or any other cooperative agency when such agency has processed cooperative purchases competitively. It is in the City’s best financial interest to utilize the cooperative purchase option through Sourcewell Contract No. 010521-LTS for Washington Park, Jesmond Dene Park, and W estside Park. This purchase is inclusive of equipment only. The City will solicit a Request for Proposal for the installation of procured equipment. The City seeks 254
Item13.
council approval for t he cooperative purchase through Miracle Recreation Equipment Company for the following:
- Washington Park
o 2–5-year-old playground equipment structure
o 5-12-year-old playground equipment structure
o Integrated shade
o Total Purchase Price - $184,402.28
- Jesmond Dene Park
o 2–5-year-old playground equipment structure
o 5-12-year-old playground equipment structure
o Integrated shade
o Total Purchase Price - $185,146.56
- Westside Park
o 2–5-year-old playground equipment structure
o 5-12-year-old playground equipment structure
o Integrated shade
o Total Purchase Price - $151,380.13
RESOLUTIONS
a. Resolution No. 2024-39
b. Resolution No. 2024-39 Exhibit “A” – Miracle Recreation Equipment Company Quotation & Design
255
Item13.
RESOLUTION NO. 2024-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR
TO EXECUTE, ON BEHALF OF THE CITY, A PURCHASE
AGREEMENT WITH MIRACLE RECREATION EQUIPMENT
COMPANY, TO PURCHASE PLAYGROUND EQUIPMENT
FOR THE PLAYGROUND EQUIPMENT REPLACEMENT
PROJECT AT WASHINGTON PARK, JESMOND DENE
PARK, AND WESTSIDE PARK
WHEREAS, the U.S. Department of Housing and Urban Development (“HUD”) administers the annual federal allocation of Community Development Block Grant (“CDBG”) funds for eligible municipalities; and
WHEREAS, the CDBG Program is designed to provide assistance to general local government in improving economic opportunities and community revitalization needs to persons of low and moderate- income; and
WHEREAS, the City of Escondido (“City”) receives an annual federal allocation from HUD which funds city-wide CDBG-eligible projects; and
WHEREAS, the City has identified three CDBG-eligible community park projects, Washington Park, Jesmond Dene Park, and Westside Park; and
WHEREAS, HUD requires the City to prepare a Citizen Participation Plan, a Five-Year Consolidated Plan, and an Annual Plan; and
WHEREAS, in May 2020, the City held a publ ic hearing to approve the current Five -Year Consolidated Plan for the period through June 30, 2025; and 256
Item13.
WHEREAS, CDBG -funded projects from 2019 and 2020 were completed under budget and $695,000 in excess funds were returned to the CDBG Unallocated account for reprogramming; and WHEREAS, on November 18, 2020, Council approved the proposed reprogramming and reallocation of funds along with the formal Action Plan Amendment required by HUD which allocated $775,000 to the CDBG Playground Equipment Replacement Project; and WHEREAS, from late December 2023 through early February 2024, the City solicited public feedback on two design options. The City received ample response indicating favor for design option “B” at Washington Park and Jesmond Dene Park, and design option “A” at Westside Park; and WHEREAS, Sourcewell conducted a competitive bid process for playground equipment and Miracle Recreation Equipment Company was deemed to be the lowest most responsive bid, Sourcewell Contract No. 010521-LTS; and
WHEREAS, the City is a member of Sourcewell, Member No. 45019; and WHEREAS, Escondido Municipal Code Chapter 10, Article 5, Section 10 -91, authorizes the purchases of goods or services with cooperative purchasing programs conducted by the State, County, or any other cooperative agency when such agency has processed cooperative purchases competitively; and WHEREAS, City staff recommends the purchase of playground equipm ent in the amount of $520,928.97, which includes three 2 -5-year-old playground equipment structures , three 5-12-year-old playground equipment structures, seven integrated shade structures, drawings and calculations, taxes, delivery, and all associated fees, as shown in Exhibit “A”, which is attached to this Resolution and incorporated by this reference; and
257
Item13.
WHEREAS, the City Council desires at this time and deems it to be in the best public interest to authorize the purchase of three 2-5-year-old playground equipment structures, three 5 -12-year-old playground equipment structures, and seven integrated shade structures for Washington Park, Jesmond Dene, and Westside Park with Miracle Recreation Equipment Company using Sourcewell Contract No. 010521-LTS.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. That the above recitations are true.
2. That the City Council authorizes, on behalf of the City, the Sourcewell Cooperative purchase agreement with Miracle Recreation Equipment Company, as allowed per Escondido Municipal Code Chapter 10, Article 5, Section 10-91.
3. City Council approves Resolution No. 2024-39, authorizing the Mayor, on behalf of the City, to execute such documents necessary to purchase three 2-5-year-old playground equipment structures, three 5-12-year-old playground equipment structures, and seven integrated shade structures with Miracle Recreation Equipment Company, in the amount of $520,928.97, which includes drawings and calculations, taxes, delivery, and all associated fees, as shown in Exhibit “A”.
258
Item13.
Payment Address
Miracle Recreation Equipment Company
PO Box 734154
Dallas TX 75373-4154
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.miracle-recreation.com
Estimate Number MREC 5542
Estimate Date 01-15-2024
Expiration Date 02-14-2024
Customer City of Escondido
Name Wayne Thames
Phone 760-839-4600
Email [email protected]
Sales Rep Eddie Lozada
Email [email protected]
Payment Terms Net 30
Project Name
Jesmond Dene Park - City of Escondido - MREC 5-12 and 2-5 areas Opt B Item # & Description Quantity Total
MREC 2-5 Opt B
Custom 2-5 Year Old Playground from Miracle
recreation Equipment Company. Drawing Number
R0001_45237556197
1 $56,784.70
MREC 5-12 Opt B
Custom 5-12 Year Old Playground from Miracle
recreation Equipment Company. Drawing Number
R0001_45237561472
1 $102,249.00
MREC Integrated Shade Engineering
Integrated Shade Engineering:
4 Unit Swing unit (1) on 5-12 area (1) on 2-5 Area
Playcover Pyramid 20 x 20 (2-5 Area)
2 $1,700.00
Resolution No. 2024-39
Exhibit "A"