Escondido City Council
November 20, 2024

Public Improvement Agreement (Contractor) - 7 - CAO: 8/26/2021

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

15. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONTRACTOR, and pursuant to action of the Escondido City Council.

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

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

18. 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.

19. 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. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

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

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

22. Compliance with Laws, Permits, and Licenses. CONTRACTOR 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. This shall include, but shall not be limited to, all California Labor Code laws regarding payment of prevailing wages and all OSHA regulations. CONTRACTOR shall obtain any and all permits, licenses, and other authorizations necessary to perform the work under this Agreement. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

23. Prevailing Wages and Department of Industrial Relations Compliance. Pursuant to California Labor Code section 1770 et seq., CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages, including but not limited to the keeping of certified payroll records, overtime pay, employment of apprentices, and workers' compensation coverage, as further set forth in the General Conditions.

CONTRACTOR shall file the required workers' compensation certificate before commencing work under this Agreement. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONTRACTOR shall post all job site notices required by regulation. CONTRACTOR, as well as any subcontractors, shall be registered pursuant to 107
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Resolution No. 2024-155
Exhibit “A”

Public Improvement Agreement (Contractor) - 8 - CAO: 8/26/2021 California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

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

25. The Parties acknowledge that 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. The CONTRACTOR shall comply with all applicable federal laws, regulations, executive orders, policies, procedures, and directives relating to such federal funds.

26. Equal Employment Opportunity. During the performance of this Agreement, the contractor agrees as follows:
a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation 108
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Resolution No. 2024-155
Exhibit “A”

Public Improvement Agreement (Contractor) - 9 - CAO: 8/26/2021 conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
d. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. g. In the event of the CONTRACTOR’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. The CONTRACTOR will include the portion of the sentence immediately preceding subpart a of this section and the provisions of subparts a through h in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

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

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

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
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Resolution No. 2024-155
Exhibit “A”

Public Improvement Agreement (Contractor) - 10 - CAO: 8/26/2021 The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

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

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

5.12. 29. Clean Air Act. 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.

30. 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. 110
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Resolution No. 2024-155
Exhibit “A”

Public Improvement Agreement (Contractor) - 11 - CAO: 8/26/2021

31. 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. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

32. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). 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 Attachment “A” and incorporated herein by this reference.

33. 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 Agreement performance requirements, or (3) at a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines website, located at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 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.

34. 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. CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and 111
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Resolution No. 2024-155
Exhibit “A”

Public Improvement Agreement (Contractor) - 12 - CAO: 8/26/2021 transcriptions as reasonably needed. 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 acknowledge and agree 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.

35. 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.

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

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

38. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below. (SIGNATURE PAGE FOLLOWS)
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Resolution No. 2024-155
Exhibit “A”

Public Improvement Agreement (Contractor) - 13 - CAO: 8/26/2021 IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO
Date: __________________ ___________________________________ Dane White, Mayor

UNIVERSAL CONSTRUCTION AND ENGINEERING
Date: __________________ ___________________________________

ALFONSO MONTES, PRESIDENT
___________________________________
Contractor's License No.
___________________________________
Tax ID/Social Security No.

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. 113
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Resolution No. 2024-155
Exhibit “A”

Public Improvement Agreement (Contractor) - 14 - CAO: 8/26/2021 ATTACHMENT “A”
Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

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

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

The CONTRACTOR, UNIVERSAL CONSTRUCTION AND ENGINEERING (“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
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Resolution 2024-155
Exhibit “B”

Faithful Performance Bond -1- CAO: 1/22/2021
Bond No.: _______________
Premium: _______________

FAITHFUL PERFORMANCE BOND

KNOW ALL BY THESE PRESENTS,
WHEREAS, The City Council of the City of Escondido, State of California, and Universal Construction and Engineering a California Corporation (“Principal”), have entered into that certain Public Improvement Agreement dated ___________________ (“Agreement,” hereby referred to and made a part hereof), whereby Principal has agreed to install and complete certain designated public improvements associated with the Valley Parkway Sidewalk Improvement Project.

WHEREAS, the Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement.

NOW, THEREFORE, we, the Principal and __________, a ______________ organized and existing under the laws of the State of California and authorized to act as a surety in the State of California (“Surety”), are held and firmly bound unto the City of Escondido, a California municipal corporation (“City”) in the penal sum of Six hundred and six thousand five hundred and ninety one , dollars and seventy cents $606,591.70 , lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

THE CONDITION of this obligation is such that if the Principal, or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and the Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Agreement or to the work or to the specifications. 115
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Resolution 2024-155
Exhibit “B”

Faithful Performance Bond -2- CAO: 1/22/2021
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, as of this ________ day of __________________, 2024. _________________________________
Name of Principal
_________________________________
Address of Principal
By: __________________________________________
Signature of Person Signing on Behalf of Principal
__________________________________________
Name of Person Signing on Behalf of Principal
__________________________________________
Title of Person Signing on Behalf of Principal
_________________________________
Name of Surety
_________________________________
Address of Surety
By: __________________________________________
Signature of Person Signing on Behalf of Surety
__________________________________________
Name of Person Signing on Behalf of Surety
__________________________________________
Title of Person Signing on Behalf of Surety
(ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPALS AND SURETY MUST BE ATTACHED.) APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
BY: _____________________________
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Resolution No. 2024-155
Exhibit “C”

Labor and Materials Bond -1- CAO: 01/22/21
Bond No.: _______________
Premium: _______________

LABOR AND MATERIALS BOND

KNOW ALL BY THESE PRESENTS,
WHEREAS, The City Council of the City of Escondido, State of California, and Universal Construction and Engineering a California Corporation (“Principal”), have entered into a that certain Public Improvement Agreement dated _________________ (“Agreement,” hereby referred to and made a part hereof), whereby Principal has agreed to install and complete certain designated public improvements associated with the Valley Parkway Sidewalk Improvement Project.

WHEREAS, under the terms of the Agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Escondido, a California municipal corporation (“City”), to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, the Principal and __________, a ______________ organized and existing under the laws of the State of California and authorized to act as a surety in the State of California (“Surety”), are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of Six hundred and six thousand five hundred and ninety one dollars and zero cents $606,591.70 lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or the 117
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Resolution No. 2024-155
Exhibit “C”

Labor and Materials Bond -2- CAO: 01/22/21
specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, as of this ______ day of ______________, 2024. _________________________________
Name of Principal
_________________________________
Address of Principal
By: __________________________________________
Signature of Person Signing on Behalf of Principal
__________________________________________
Name of Person Signing on Behalf of Principal
__________________________________________
Title of Person Signing on Behalf of Principal
_________________________________
Name of Surety
_________________________________
Address of Surety
By: __________________________________________
Signature of Person Signing on Behalf of Surety
__________________________________________
Name of Person Signing on Behalf of Surety
__________________________________________
Title of Person Signing on Behalf of Surety
(ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPALS AND SURETY MUST BE ATTACHED.) APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
BY: __________________________
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STAFF REPORT
November 20, 2024
File Number 0600-10; A-3535

SUBJECT

AWARD CONSTRUCTION CONTRACT FOR FIRE STATION TRAINING TOWER REFURBISHMENT PROJECT

DEPARTMENT
Fire

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-157 awarding the Fire Station Training Tower Refurbishment Project (“Project”) to WRG Fire Training Simulations Systems, Inc. determined to be the lowest responsible and responsive bidder, and authorizing the Mayor, on behalf of the City, to execute a Public Services Agreement in the amount of $323,900.

Staff Recommendation: Approval (Fire Department: John Tenger, Fire Chief) Presenter: Tyler Batson, Division Chief
ESSENTIAL SERVICE – Yes, Maintenance of Infrastructure
COUNCIL PRIORITY – N/A

FISCAL ANALYSIS
Sufficient funding for this contract is supplied through a Pass-Through Grant from the State of California, along with general fund resources.

PREVIOUS ACTION
On April 5, 2023, the City Council adopted Resolution No. 2023-38 to accept Fiscal Year 2022 State of California Pass-Through Grant funds in the amount of $250,000 for Project services.

BACKGROUND
The fire training tower at Fire Station No. 1, located at 310 N. Quince Street, Escondido, CA 92025, was constructed in 2009 and has not been renovated or refurbished since (“Tower”). The Tower is used for a variety of realistic and essential training exercises that help the Escondido firefighters develop the skills needed to handle emergency situations safely and effectively. 119
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Live fire training exercises take place in the Tower's two burn rooms, with each session referred to as an evolution. Approximately 80 evolutions are conducted annually. This training allows firefighters to gain practical experience in understanding fire behavior, managing heat, smoke, and flames, and applying firefighting techniques in realistic scenarios.

The Tower's age and the frequent use of the burn rooms have led to significant deterioration of the lining, making it unsafe to continue live fire training exercises.

This Project involves demolishing the failed liner system inside both the first and second-floor burn rooms of the Tower and installing a new 'Fire Command High Temperature Liner System’.

Refurbishing the Tower burn rooms will offer several benefits:

1. Improved Safety: Upgrading the liner system will enhances the structural integrity of the burn rooms, reducing the risk of damage or collapse during high-temperature training exercises.

2. Realistic Training Environment: A refurbished burn room better simulates real fire conditions, providing firefighters with a more accurate environment to hone their skills in a safe and controlled setting.

3. Increased Durability: The new, high-temperature-resistant materials will extend the life of the burn rooms, making them more resilient to the intense heat and stress they endure during repeated training sessions.

4. Cost-Effectiveness: Refurbishing the existing structure is more affordable than building a new tower.

5. Regulatory Compliance: Modernizing the burn rooms will ensure they meet current safety and training standards, helping Escondido Fire remain compliant with state regulations.

On March 29, 2024, one bid was received in response to the City’s Request for Proposal No. 24-24 for the Project. This type of construction and refurbishment Project is highly specialized, with only a limited number of companies capable of performing this kind of work. The sole bid received was from the company that originally constructed the Tower in 2009. Staff recommends awarding the construction contract at this time.

The total for the one bid submitted is listed below:

WRG Fire Training Simulations Systems, Inc. $323,900
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RESOLUTIONS
a) Resolution No. 2024-157
b) Resolution No. 2024-157— Exhibit “A”— Public Service Agreement with WRG Fire Training Simulations Systems, Inc.
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RESOLUTION NO. 2024-157

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A PUBLIC

SERVICES AGREEMENT FOR THE FIRE STATION

TRAINING TOWER REFURBISHMENT PROJECT
WHEREAS, the City of Escondido desires to refurbish the fire training tower located at 310 N.

Quince Street, Escondido, CA 92025 (“Project”); and
WHEREAS, on April 5, 2023, the City Council adopted Resolution No. 2023-38 to accept Fiscal Year 2022 State of California Pass-Through Grant funds in the amount of $250,000 for Project services; and WHEREAS, the remaining Project costs will be covered using general fund resources; and WHEREAS, a Notice Inviting Bids for Project services was duly published on March 8, 2024 (“Notice”); and
WHEREAS, pursuant to said Notice, one bid for the Project was received and evaluated on March 29, 2024; and
WHEREAS, WRG Fire Training Simulations Systems, Inc. was determined to be the lowest responsive and responsible bidder for the Project; and
WHEREAS, the City Council desires at this time and deems it to be in the best public interest to authorize a Public Services Agreement with WRG Fire Training Simulations Systems, Inc. in the amount of $323,900 to complete Project services.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:
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1. That the above recitations are true.

2. That the City Council authorizes the Mayor to execute, on behalf of the City, a Public Services Agreement with WRG Fire Training Simulations Systems, Inc. in a substantially similar form to that which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney.
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Resolution No. 2024-157
Exhibit “A”

Public Services Agreement (v2) - 1 - CAO: 04/23/2024

CITY OF ESCONDIDO

PUBLIC SERVICES AGREEMENT
This Public Services Agreement (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”),
Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: John Tenger
760-839-5408
("CITY")
And: WRG FIRE TRAINING SIMULATIONS SYSTEMS, INC.
a Oregon corporation
1100 Industry Parkway
Attn: William Gee
503-925-1475
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties desire to enter into this Agreement for the performance of the Services described herein.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

1. Description of Services. CONTRACTOR shall furnish all of the Services described in the Scope of Work, which is attached to this Agreement as Attachment “A” and incorporated herein by this reference (“Services”).

2. Compensation. In exchange for CONTRACTOR’s completion of the Services, the CITY shall pay, and CONTRACTOR shall accept in full, an amount not to exceed the sum of $323,900.

CONTRACTOR shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent. If this Agreement is amended at any time, additional compensation of CONTRACTOR contained in any subsequent amendments shall not exceed a cumulative total of 25% of the maximum payment provided for in this Section 2, unless approved by resolution of the City Council.

3. Performance. CONTRACTOR shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement. CONTRACTOR shall be 124
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Exhibit “A”

Public Services Agreement (v2) - 2 - CAO: 04/23/2024
responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other information furnished by CONTRACTOR pursuant to this Agreement, except that CONTRACTOR shall not be responsible for the accuracy of information supplied by the CITY.

4. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONTRACTOR with 10 days’ advance written notice. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONTRACTOR, then CONTRACTOR shall be compensated based on the work satisfactorily performed at the time of such termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the Services.

5. City Property. All original documents, drawings, electronic media, and other materials prepared by CONTRACTOR pursuant to this Agreement immediately become the exclusive property of the CITY, and shall not be used by CONTRACTOR for any other purpose without the CITY’s prior written consent.

6. Insurance Requirements.
a. CONTRACTOR 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 Services, and the results of such work, by CONTRACTOR, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) 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 and $4,000,000 general aggregate. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR 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 CITY and approved in writing by the CITY’s Risk and Safety Division. (3) Workers’ Compensation. 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.
(4) If CONTRACTOR maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) 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.
(2) Additional Insured Status. Both the Commercial General Liability and the Automobile 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 125
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Resolution No. 2024-157
Exhibit “A”

Public Services Agreement (v2) - 3 - CAO: 04/23/2024
edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Primary Coverage. CONTRACTOR’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, agents, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it. (4) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated in this Agreement, and CONTRACTOR shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary 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 CONTRACTOR, its agents, representatives, employees and subcontractors.
(7) Self-Insurance. CONTRACTOR may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of selfinsurance. CONTRACTOR shall only be permitted to utilize such self-insurance if, in the opinion of the CITY, CONTRACTOR’s (i) net worth and (ii) reserves for payment of claims of liability against CONTRACTOR are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONTRACTOR’s utilization of selfinsurance shall not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY 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 CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY 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. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. 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 CONTRACTOR fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY 126
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Resolution No. 2024-157
Exhibit “A”

Public Services Agreement (v2) - 4 - CAO: 04/23/2024
may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONTRACTOR to stop work under this Agreement and/or withhold any payment that becomes due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

7. Indemnification, Duty to Defend, and Hold Harmless.
a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, 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 CONTRACTOR’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.
b. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall defend, indemnify, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No.

R9-2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement. c. All terms and provisions within this Section 7 shall survive the termination of this Agreement.

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

9. 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.

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

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

12. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONTRACTOR concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed 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. 127
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Resolution No. 2024-157
Exhibit “A”

Public Services Agreement (v2) - 5 - CAO: 04/23/2024

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

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

15. 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.

16. 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. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

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

18. Notice. Any statements, communications, or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONTRACTOR shall promptly provide the other Party with notice of any changes to such contact information.

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

20. Compliance with Laws, Permits, and Licenses. CONTRACTOR 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. CONTRACTOR shall obtain any and all permits, licenses, and other authorizations necessary to perform the Services. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

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

22. Department of Industrial Relations Compliance. This public project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONTRACTOR shall post all job site notices required by regulation. CONTRACTOR, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the 128
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Resolution No. 2024-157
Exhibit “A”

Public Services Agreement (v2) - 6 - CAO: 04/23/2024
performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

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

24. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below. (SIGNATURE PAGE FOLLOWS)
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Resolution No. 2024-157
Exhibit “A”

Public Services Agreement (v2) - 7 - CAO: 04/23/2024
IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO
Date: __________________ ___________________________________ Dane White
Mayor
WRG FIRE TRAINING SIMULATIONS SYTEMS, INC.

Date: __________________ ___________________________________ Barbara Gee, President
Date: __________________ ___________________________________ Ruth Shaw, Secretary
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. 130
Item8.

Resolution No. 2024-157
Exhibit “A”

Public Services Agreement (v2) - 8 - CAO: 04/23/2024
ATTACHMENT “A”
Scope of Work
A. General
WRG Company, Inc., an Oregon corporation (“Contractor”) will provide the City of Escondido, a California municipal corporation (“City”) with training tower refurbishment services.

B. Location
Contractor will provide services at the City’s facility located at 310 N. Quince Street, Escondido, CA 92025.

C. Services

1. Contractor shall furnish all labor, parts materials, equipment, and transportation necessary to provide and install a thermal lining system that meets NFPA 1402 Standards. This installation will require demolition of existing failed liner systems.

2. Liner shall be installed using pre-engineered and stamped design installation drawings.

Installer shall follow installation design drawings and make no deviations unless approved by manufacturer.

D. Scheduling
Contractor to schedule specific dates of work in advance by contacting Alex Koji at 760-839- 6131 or [email protected]. Work shall be performed in-between the hours of 7 a.m. and 5:00 p.m., Monday through Friday.

E. Contract Price and Payment Terms
The contract price shall not exceed $323,900. The contract price includes all labor, materials, equipment, and transportation required to perform the work. Services will be billed as services are performed. Payment will be made after services have been performed and within 30 days of receipt of an invoice for those services.

F. Term
The term of this Agreement shall be from the Effective Date of the Agreement through December 31, 2024.

G. Other

1. Warranty on products provided under this installation shall contain the same terms and conditions as stated in the original product warranty.

2. Contractor will providing training on care and maintenance of installed materials. 131
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STAFF REPORT
November 20, 2024
File Number 0600-10; A-3537-1

SUBJECT
FIRST AMENDMENT TO MATRIX CONSULTING GROUP, LTD. IN THE AMOUNT OF $96,250 FOR

DEVELOPMENT SERVICES STREAMLINING PROJECT

DEPARTMENT
Development Services Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-176 to approve the First Amendment to the Consulting Services Agreement with Matrix Consulting Group, Ltd. in the amount of $96,250 for the Development Services Streamlining Project
Staff Recommendation: Approval (Development Services: Christopher W. McKinney, Deputy City Manager)
Presenter: Megan Crooks, Management Analyst II
ESSENTIAL SERVICE – Yes, internal requirement in support of development services COUNCIL PRIORITY –

FISCAL ANALYSIS
This first amendment to the Consulting Services Agreement (“CSA”) with Matrix Consulting Group, Ltd (“Consultant”), Exhibit “A” to Resolution No. 2024-176, will be split between the Building, Engineering and Planning Professional Services FY 2024-25 budgets. The Development Services has a net balance of approximately $175,000 available in Professional Services, therefore this amendment has a net zero impact to the General Fund. Future phases of work recommended from this amendment will require additional funds to be allocated to the project.

PREVIOUS ACTION
Staff released Request for Proposal (“RFP”) No. 24-15 for Development Process Streamlining Services on November 9, 2023, and received three proposals by the deadline of December 18, 2023. Staff selected Matrix Consulting Group, Ltd. as the most responsive firm and executed a contract in the amount of $149,940 on March 4, 2024.
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BACKGROUND
In Fiscal Year 2022-23, the Community Development Department (Building, Code Compliance, and Planning), the Engineering Department and Housing and Neighborhood Services were brought together collectively as the new Development Services Department. The purpose of this reorganization is to better facilitate land use and development services within the City which led to the initiation of a Development Streamlining project with the Consultant. To date, the Consultant has studied each service area and the respective development processes that are currently in place, interviewed individual staff members and technical groups of staff (including those outside the department), surveyed customers and department employees, and prepared a report on initial key findings and opportunities related to the development review, permitting, and inspection processes for the City of Escondido.

An additional service that is included in the Consultant’s CSA is to provide an assessment and conceptual plan for office space improvements to best facilitate the Consultant’s recommended streamlined services to the public. After consideration of the existing architectural constraints present within the Development Services Department, staff determined additional architectural programmatic space planning efforts are needed to ensure the preliminary concepts are feasible. In June 2024, staff met with the Consultant’s partner architectural firm FFKR for a site visit and thereafter, received a cost estimate from the Consultant for both a programmatic phase of work and a schematic design phase of work (Attachment “1” and Attachment “2”)
At this time, staff recommends the City move forward with the programmatic phase of work. This space planning will consider the Consultant’s recommended streamlining program while also considering any electrical or mechanical constraints of the existing space. The resulting document can be utilized to reconfigure counter and workspace to facilitate the streamlined methodologies presented by the Consultant at a later time should funding be made available.

RESOLUTIONS
a) Resolution No. 2024-176
b) Resolution No. 2024-176—Exhibit “A”— First Amendment to Consulting Services Agreement with Matrix Consulting Group, Ltd.

ATTACHMENTS
a) Attachment “1”—FFKR Programming and Schematic Design b) Attachment “2”—Phase Duration
c) Attachment “3”— Original Executed CSA
d) Attachment “4”— Certificate of Liability Insurance
e) Attachment “5”— Business License Certificate
f) Attachment “6”— Matrix Consulting Group Resolution
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RESOLUTION NO. 2024-176

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, AMENDMENT
NO. 1 TO THE CONSULTING AGREEMENT WITH MATRIX
CONSULTING GROUP, LTD. FOR THE DEVELOPMENT

SERVICES STREAMLINING PROJECT FOR THE

DEVELOPMENT SERVICES DEPARTMENT
WHEREAS, the City of Escondido (“City”) has allocated funding in the adopted operating budget for various professional services in the Development Services Department (“Department”); and WHEREAS, additional space planning work is necessary to complete the assessment of the department for streamlining services; and
WHEREAS, it is in the City’s best interest to execute Amendment No. 1 to the consulting agreement with Matrix Consulting Group, Ltd. for development services streamlining in the amount of $96,250.

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 Mayor is authorized to execute, on behalf of the City, a First Amendment to a Consulting Agreement with Matrix Consulting Group, Ltd., which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney.

3. That the City Manager retains the authority to approve additional contract amendments up to $37,485 in accordance with the Municipal Code.
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Resolution No. 2024-176
Exhibit “A”

First Amendment - 1 - CAO: 04/23/2024
To Consulting Agreement

CITY OF ESCONDIDO

FIRST AMENDMENT TO CONSULTING AGREEMENT
This First Amendment to Consulting Agreement (“First Amendment”) is made and entered into as of the last signature date set forth below (“Effective Date”), Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Megan Crooks
760-839-4021
("CITY")
And: Matrix Consulting Group, Ltd.
a California corporation
1650 S. Amphlett Blvd., Ste 213
San Mateo, CA 94402
Attn: Richard Brady
650-858-0507
("CONSULTANT").
(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties entered into that certain Consulting Agreement dated March 3, 2024 (“Agreement”), wherein CITY retained CONSULTANT to provide services for assessment of the development process and recommendation of streamlined development services provided to the public, as more specifically described in the Agreement; and WHEREAS, the Parties desire to amend the Agreement to include additional services as described in “Attachment A” to this First Amendment, which is attached hereto and incorporated herein by this reference.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

1. The CONSULTANT shall furnish all of the Services described in “Attachment A” to this First Amendment.

2. Personnel. The performance of the Services by certain professionals is significant to the CITY. As such, CONSULTANT shall only assign the persons listed on Attachment “B”, attached to this First Amendment and incorporated herein by this reference (“Personnel List”), to perform the Services.

CONSULTANT shall not add or remove persons from the Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the 135
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Resolution No. 2024-176
Exhibit “A”

First Amendment - 2 - CAO: 04/23/2024
To Consulting Agreement
Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.

3. The CITY will compensate CONSULTANT in an additional amount not to exceed the sum of $96,250, pursuant to the conditions contained in “Attachment A” to this First Amendment.

4. All other terms of the Agreement not referenced in this First Amendment shall remain unchanged and in full force and effect. In the event of a conflict between a provision of the Agreement and this First, this First Amendment shall prevail.

5. This First Amendment and the Agreement, together with any attachments or other documents described or incorporated therein, if any, constitute the entire agreement and understanding of the Parties, and there are no other terms or conditions, written or oral, controlling this matter.

6. This First Amendment may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document. Delivery of an executed signature page of this First Amendment by electronic means, including an attachment to an email, shall be effective as delivery of an executed original.

7. Unless a different date is provided in this First Amendment, the effective date of this First Amendment shall be the latest date of execution set forth by the names of the signatories below. (SIGNATURE PAGE FOLLOWS)
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Item9.

Resolution No. 2024-176
Exhibit “A”

First Amendment - 3 - CAO: 04/23/2024
To Consulting Agreement
IN WITNESS WHEREOF, this First Amendment is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO
Date: __________________ ____________________________________ Dane While, Mayor
MATRIX CONSULTING GROUP, LTD.

Date: __________________ ___________________________________ Richard Brady, President
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. 137
Item9.

Resolution No. 2024-176
Exhibit “A”

First Amendment - 4 - CAO: 04/23/2024
To Consulting Agreement
ATTACHMENT “A”
Scope of Work
A. General
Matrix Consulting Group, Ltd., a California corporation (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with consulting services related to the City’s Development Service Department’s Streamlining and Space Planning project.

B. Location
Consultant to provide services in relation to the City’s Development Services Department’s Streamlining and Space Planning. It is anticipated that services will be provided at both Escondido City Hall located at 201 N. Broadway, Escondido, CA 92025, and various remote locations.

C. Services
In addition to the services described in the Agreement, Consultant shall provide services as described in Exhibit 1 to this Scope of Work, which is attached hereto and incorporated by this reference. In the event of a conflict between this Agreement (including this Scope of Work) and Exhibit 1, the terms of this Agreement shall prevail. Services shall include space planning and architectural expertise and advisement with the deliverable of an assessment report and program document for the first floor of City Hall.

1. Facility Assessment: Evaluate the existing facility conditions to include finishes, mechanical (HVAC) systems, plumbing, and electrical (including lighting and power) systems. A report utilizing written narrative and photographic evidence will be submitted with recommendations.

This report will be included in the overall programming document.

2. Programming Document: This portion of the document will include sections related to space standards, employee surveys about their current space, space standards, a table outlining proposed future spaces organized by department or functional work group, narratives about recommended building systems and any spaces they require, preliminary space plan options, and possible phasing plans for the implementation of the work. A preliminary, rough order of magnitude cost estimate will be provided based off of the preferred space plan and accompanying building systems narratives.

D. Scheduling
Consultant to schedule specific dates of work in advance by contacting Megan Crooks at 760-839- 4021 or [email protected]. Further instructions will be provided upon scheduling. The overall project timeline will be followed as shown in Exhibit 2 to this Scope of Work.

E. Contract Price and Payment Terms
The contract price of this First Amendment shall not exceed $96,250. The contract price of this First Amendment ($96,250) will bring the total contract price of the Agreement to $246,190. The contract price of this First Amendment includes all labor, materials, equipment, and transportation required to perform the work. Services will be billed as services are performed. Payment will be made after services have been performed and within 30 days of receipt of an invoice for those services.

F. Term
The term of this First Amendment shall be from the Effective Date of the this First Amendment through June 30, 2025.
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Resolution No. 2024-176
Exhibit “A”

First Amendment - 5 - CAO: 04/23/2024
To Consulting Agreement
ATTACHMENT “B”
Personnel List
Pursuant to Section 2 of the this First Amendment, CONSULTANT shall only assign performance of Services to persons listed below.

1. Alan Pennington, Senior Vice President, [email protected], Matrix Consulting Group, Ltd.;

2. Aaron Baggarly, Vice President, [email protected], Matrix Consulting Group, Ltd.;

3. Allyson Brekke, Manager, [email protected], Matrix Consulting Group, Ltd.;

4. Jocelyn Mathiasen, Manager, [email protected], Matrix Consulting Group, Ltd.;

5. David Branch, Manager, [email protected], Matrix Consulting Group, Ltd.;

6. Joe McDonald, Senior Consultant, [email protected], Matrix Consulting Group, Ltd;

7. Aarin Holt, Principal Architect, [email protected], FFKR Architects;

8. Nate Henrie, Architect, [email protected], FFKR Architects; and

9. Ethan Dickenson, PE, Sr. Principal, [email protected], Alfa Tech.

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

Acknowledged by:

Date: __________________ ___________________________________ Richard Brady, President
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May 30, 2024
Aaron Baggarly
Vice President
8022 Providence Road, Suite 500-106
Charlotte, NC 28277
Subject: Escondido City Hall Tenant Improvement – Programming and Schematic Design
Dear Aaron:

FFKR Architects is excited to continue work with Matrix Consulting Group and the City of Escondido as you move forward the effort to review operational procedures for the Development Services Department. We are committed to supporting Matrix through this effort with a specific focus on the space organization and supporting building systems. We have partnered with a local engineering firm, Alfatech, to assist us in evaluating existing conditions and schematic design of the fire suppression/alarm, mechanical, and electrical systems. We anticipate having two main objectives with task one having a two sub-objectives.

1. Programming Document
a. Sub-Task #1 – Facility Assessment
i. Evaluate existing facility conditions. Finishes,
mechanical (HVAC) systems, plumbing, and
electrical (including lighting and power)
systems will be evaluated. A report utilizing
written narrative and photographic evidence
will be submitted with recommendations. This
report will be included in the overall
programming document.
b. Sub-Task #2 – Programming Document
i. This portion of the document will include
sections related to space standards, employee
surveys about their current space, space
standards, a table outlining proposed future
Attachment "1"
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Baggarly page 2
spaces organized by department or functional work group, narratives about recommended building systems and any spaces they require, preliminary space plan options, and possible phasing plans for the implementation of the work. A preliminary, rough order of magnitude cost estimate will be provided based off of the preferred space plan and accompanying building systems
narratives.

2. Schematic Design
a. Once approval of a preferred space plan has been given, FFKR/Alfatech will begin schematic design. This will provide the city with a base design to be used to establish budgetary numbers to finish design and finalize construction. A cost estimate will also be provided at the end of schematic design. As part of this objective, our MEP engineer will begin design for a replacement HVAC system and upgrading electrical and technological backbone for the entire building for future upgrades the city may desire.

Each of the above objectives will have multiple tasks included in it and involve progress meetings. FFKR anticipates a total of seven (7) trips on-site spread between two individuals. Six of the trips will be day trips for check-in or review meetings at the midpoint of end of each objective. One (1) trip will be a multi-day trip to conduct department interviews, field measure the building, and collect other information on-site. We have included a line-item fee of cost-estimating services. The final fee for cost estimating will be passed through to Matrix with no markup.

We respectively submit the following fee proposal for the completion of the objectives stated above:

Description of Fee
Programming
Document
Schematic
Design
Total
Fee
FFKR Architects & Planners $ 76,520 $ 69,160 $ 145,680
Alfatech (MEP Engineers) $ 15,000 $ 112,000 $ 127,000
3 rd-Party Cost Estimate $ 5,000 $ 5,000 $ 10,000
Total Design Fee $ 96,520 $ 186,160 $ 282,680
We have attached a breakdown of the cost of each objective on the following pages.

Our tentative schedule is to have the completed programming document submitted to you by the end of August and have the schematic design package finalized by the middle of November.

Attachment "1"
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We are grateful to be a part of the ongoing effort for this project and look forward to becoming fully engaged in the project as soon as possible. If I can be of any assistance to you as you review this proposal, please feel free to contact me at your convenience.

Sincerely,

Arrin A. Holt, AIA, LEEDTM AP
Principal Architect
Director – Civic, Government & Transportation Studio
cc: Nate Henrie, AIA, WELL AP
Attachment "1"
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Task Based Hours
Anticipated Hours
Programming 554
Architectural Drawings 108
See Sheet List
Specifications -
Draft Specifications 0
As-Built Verification 8
Measurements on Site 8
Facility Assesment 20
Narrative writing and compilation of facility assessment 20 Space Survey to Employees 10
Draft and distribute 6
Analyze 4
Space Standards 30
Compile current industry space standards for use in space planning exercise 30 Matrix of Space 120
Creation and management of database of personnel/spaces in scope and associated space needs 120 Diagrams 50
Generation of diagrams (adjacency, bubble diagram, et cetera) 50 Phasing Analysis 16
Evaluation of phasing for construction (includes graphics and narrative description). 16 Narratives 50
Writing and editing of text within the document 50
Program Document 80
Compilation of work product into final program report issued to city 80 Travel (7 on-site visits split between two people) 30
Travel Time 30
Meetings 32
On-site Program Review Meetings 1 mtgs. 2 Attendees @ 2 hrs/= 4 Consultant Meetings (remote) 2 mtgs 2 Attendees @ 1 hrs/= 4 On-site Interviews 3 days 1 Attendees @ 8 hrs/= 24
Schematic Design 532
Architectural Drawings 444
See Sheet List
Specifications 20
Draft Specifications 20
Travel (7 on-site visits split between two people) 40
Travel Time 40
Meetings 28
Design Meetings (remote) 2 mtgs. 2 Attendees @ 3 hrs/= 12 Attachment "1"
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Consultant Meetings (remote) 2 mtgs 2 Attendees @ 2 hrs/= 8 On-site Review Meetings 2 mtgs 2 Attendees @ 2 hrs/= 8
TOTAL TASK BASED HOURS 1,086
Reimbursable Travel Expenses $4,500
Total Architectural Fee $ 145,680.00
Attachment "1"
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Anticipated Sheet List
Sheet Series # Sheet Series Description # of
sheets
Hours
/ sheet
Total
Hours
# of
sheets
Hours /
sheet
Total
Hours
G001 Code Review, ADA & Exiting 1 0 0 1 20 20
Sheet Index 1 0 0 1 8 8
GI000 Exiting / Occupant Load Plans 1 0 0 1 24 24
GI000 Fire Protection Plans 1 0 0 1 12 12
AS100 Site Plans 1 8 8 1 8 8
AD100 Demolition Plans 1 20 20 4 20 80
AE100 Floor Plans 1 80 80 4 20 80
AE100 Reflected Ceiling Plans 4 0 0 4 20 80
AE300 Building Sections - 0 0 2 20 40
AE400 Interior Elevations 1 0 0 1 24 24
AE600 Door Schedule 1 0 0 1 4 4
AE600 Window Elevations 1 0 0 1 4 4
AF100 Finish Schedule 1 0 0 1 20 20
AF100 Finish Plans 1 0 0 1 20 20
IF100 Furniture Plans 1 0 0 1 20 20
Total Hours Production 17 108 25 444
Total Fee $ 14,040.00
Schematic Design
$ 57,720.00
Programming
Attachment "1"
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16885 Via Del Campo, Suite 212 | San Diego | CA | 92127 | +1. 619.810.7400 | www.atce.com 5/29/24
Mr. Nate Henrie
FFKR
730 Pacific Avenue
Salt Lake City, Utah 84104
Regarding: Escondido City Hall TI
Subject: Proposal for MEP Engineering Design Services / pps 240511 Dear Nate:

Thank you for requesting this proposal from AlfaTech (AT) to provide engineering design services for the tenant improvement of the subject project. This proposal is based on the discussion we had on 5/20/24, and the follow up email we received on 5/22/24.

PART 1 - PROJECT DESCRIPTION
The proposal is regarding the proposed TI at the Escondido City Hall located at 134 Valley Parkway in Escondido, CA. The building is approximately 70,000SF, and the TI consists of approximately 32,500SF. In addition to the TI, the City is planning to replace/update the entire MEP/FP/LV building infrastructure as necessary with modern and/or energy efficient equipment that will last for the next 30 years. The building was constructed in 1985, and the MEP systems are original to the building. This project consists of three parts:
• Facility Assessment – AlfaTech will evaluate the mechanical, electrical, plumbing, fire alarm, fire protection, and low voltage infrastructure of the existing building. To the extent that we can visually observe, AlfaTech will validate the as-builts and take inventory of the existing equipment. The existing equipment will be visually inspected, and any deficiencies will be noted. All existing utilities, including electricity, gas, water, sewer, and sanitary will be identified and evaluated.
• Programming Assistance – AlfaTech will provide initial equipment and room sizes for all systems in our scope.
• Schematic Design – AlfaTech will provide an “enhanced” schematic design that will serve as bridging documents for the following project. The schematic design will incorporate approximately 32,500SF of renovation as well as the upgrade of the building MEP/FP/LV infrastructure. These drawings may be used to obtain accurate pricing information for all systems in our scope. Along with a programmatic update, the 32,500SF TI will provide:
o New HVAC distribution to the renovated spaces.
o New power and lighting to the renovated spaces.
o Additional restrooms to the employee areas.
o Lactation and wellness rooms with plumbing support.
o Breakroom renovations.

For the purpose of accomplishing this project, AT is pleased to offer the following services.

Attachment "1"
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PART 2 - SCOPE OF SERVICES
General

2.1 Evaluate and replace (as necessary) the heating, ventilating, and air conditioning systems as well as building management systems (controls).

2.2 Evaluate and replace (as necessary) the plumbing systems (sanitary waste, domestic cold and hot water, natural gas.

2.3 Evaluate and replace (as necessary) the power distribution.

2.4 Evaluate and replace (as necessary) the lighting and lighting controls. Lighting and lighting controls in the renovated spaces will be provided to match the new program.

Lighting for the remainder of the building will be replaced like-for-like with energy efficient LED fixtures, and the lighting controls are assumed to remain as-is. Note that new or replacement specialty lighting in front-of-house or public spaces such as the lobbies, foyers, and conference rooms will be specified by the architect or lighting designer. Note that AlfaTech offers specialty lighting design as an add/alternate.

2.5 Evaluate the existing structured cabling infrastructure. It is assumed the existing structured cabling infrastructure will remain in place. Provide new infrastructure (as necessary) as part of the tenant improvement. The new infrastructure (if required) will be specified so as to provide future support for the entire building.

2.6 Design and coordinate the Telecommunications Room layout for the tenant improvement.

Work with IT staff to define the functional requirements of the TR and coordinate with other design team disciplines so that the functional requirements of the TR are implemented in the final design. This will include review of the power and grounding requirements that are required to support the active equipment to be located within the Telecommunications Rooms.

2.7 Evaluate and replace (as necessary) the fire sprinkler systems for the tenant improvement. Design of the fire sprinkler system will comprise performance specifications, the contractor will complete design and layout of the sprinkler system including coordinated shop drawings and hydraulic calculations and will be the engineer of record for the fire sprinkler system.

2.8 Evaluate and replace the fire alarm system for the tenant improvement. The design of the fire alarm system will comprise performance specifications and general location of fire alarm devices within the tenant improvement; the contractor will complete shop drawings and all calculations and will be the engineer of record for the fire alarm system. The replacement of the existing fire alarm devices, panels, and terminal cabinets outside of the tenant improvement will be noted in the performance specifications, however, general locations will not be indicated on the plans.

2.9 Design the power connections in the tenant improvement for building equipment, such as office furniture, microwaves, coffee machines, and other owner-provided equipment. Our documents do not include information that is contained on vendor drawings (such as wiring diagrams, electrical controls, etc.)

2.10 Provide prescriptive-method mechanical, lighting, energy code compliance calculations and forms.

2.11 Coordinate structural support for MEP equipment with Architect and Structural engineer.

Attachment "1"
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2.12 Coordinate our work with other team members.

2.13 Prepare CSI-formatted specification documents that describe the design intent.

PART 3 - PROJECT DELIVERABLES
Facility Assessment

3.1 AlfaTech will perform an on-site evaluation. This evaluation will include representatives for all disciplines (MEPT). For the purposes of this proposal we assume that facility representatives will be on site and will provide access to all mechanical, electrical, plumbing, and technology spaces including the roof. We assume a ladder will be provided by the facility for our use in opening ceiling tiles and evaluating above-ceiling conditions.

3.2 A field conditions report will be provided that summarizes our findings. The client and the City will be asked to review the findings, and AlfaTech will attend up to three (3) meetings with the client and the City to review our recommended solutions. It is assumed that upon completion of the meetings, the City will indicate which recommendations are acceptable.

3.3 Based on the accepted recommendations, AlfaTech will prepare a Facility Assessment Report. This report will include:

A. A written analysis of the field conditions.

B. Photographs of relevant equipment and conditions.

C. Sketches and/or diagrams relevant to the report.

D. Recommendations for future upgrades, replacements, and/or expansions.

Programming Assistance

3.4 Review and comment on the program requirements and facility standards that are set forth by the City.

3.5 Provide space requirements to support mechanical, electrical, technology, and plumbing/FP equipment rooms and distribution.

Schematic Documents Phase

3.6 Examine the compatibility of the MEP systems with the project requirements. Outline the modifications, replacements, and upgrades to building HVAC, electrical, plumbing, technology, and fire protection systems to meet the recommendations set forth in the Facility Assessment.

3.7 Identify pertinent code issues and proposed solutions.

3.8 Work with the City’s Information Technology representatives to review existing Structured Cabling Standards, desired products, performance criteria, and installation considerations.

3.9 Prepare a Schematic Design package including selected plans or sketches and narratives outlining design criteria and concepts for major systems design consistent with Attachment "1"
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project guidelines. Prepare drawings as requested and as appropriate with the scope, which may include the following:

A. Developed floor plans, including major equipment locations; main mechanical ducts and pipe routing; main plumbing pipe routing; and main electrical pathways, risers, shafts, electrical device layout, lighting fixture schedule, lighting layout; and mechanical and plumbing equipment schedules
B. Mechanical zoning Diagrams.

C. Electrical single-line diagrams.

D. Preliminary construction details as required.

3.10 Preliminary coordination of mechanical/electrical design with other project consultants.

3.11 Review and comment on applicable portions of the conceptual-level cost estimate that is prepared by Client’s contractor or cost estimator.

3.12 Attend weekly meetings during this design phase by all disciplines, via online meeting.

PART 4 - PROJECT ASSUMPTIONS

4.1 We assume the following basic assumptions regarding existing systems apply:

A. HVAC: Air conditioning and ventilation of sufficient quantity and quality, are provided by the building systems for the TI space needs. It is understood that base building system does not provide a dedicated HVAC system for tenant spaces requiring 24/7 HVAC, fitness area, or food catering area.

B. Plumbing: There is adequate domestic water, sanitary and vent connections to address the TI requirements.

C. Fire Protection: Building fire protection system, including standpipe, loop, and fire alarm system are available to connect to serve the tenant requirements.

D. Electrical: There is sufficient power capacity provided at the service equipment to accommodate the TI requirements.

4.2 A computer generated 3-D model (BIM/Revit) of building along with existing structure, including sheet borders, floor plans, roof plans, site plans, reflected ceiling plans, will be provided by the Architect. Preparation of a 3D model of existing conditions is not included.

4.3 “As-built” drawings, shop drawings and/or design drawings representing the general capacity and configuration of base building systems will be made available to AT.

Exhaustive survey of existing systems are not included in our services.

4.4 Demolition drawings are not included as part of this project. It can be provided as an additional service.

4.5 Cost estimating is by others.

4.6 Specification and location of fire extinguishers and fire hose cabinets are by the Architect.

Attachment "1"
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4.7 Building has sufficient utility services capacity (electricity, gas, water, sewer, sanitary). No utility service upgrade is assumed.

4.8 There will be an acoustical consultant hired by others on the project where required.

4.9 The following spaces are not included in this project: food service/food preparation facility (i.e., grease hoods, dishwashing systems), child care center, fitness center and data center type spaces are not included in this project.

4.10 Existing engineered systems and utilities have adequate capacity to accommodate the project loads, unless otherwise noted in this proposal.

4.11 Preparation of short circuit, coordination and arc fault studies is not included. If required, this service can be provided as an add/alternate.

4.12 Our contract documents will be two-dimensional drawings and written specifications. AT will produce a BIM model of the mechanical and electrical (MEP) systems for the project.

4.13 Work outside of the building foot print is excluded.

4.14 There is no backup generator required for this project.

4.15 LEED or WELL design services are excluded. A separate additional fee line item is provided if project decides to pursue these certifications . We assume there will be a LEED or WELL administrator on the project to help manage and process. AT will provide LEED design services related to MEP required items.

4.16 Energy code compliance or LEED energy “performance-based compliance” modeling, if required, can be provided as an additional service. AT is providing an alternate fee for energy modeling should it be required as a separate work authorization.

PART 5 - ADDITIONAL SERVICES

5.1 AT will provide and proceed with Additional Services Requests (ASR’s) when authorized in writing by Client. Additional Services will be billed in accordance with terms of our contract or at a negotiated fixed fee, to be determined.

5.2 Any work beyond AT’s assumptions or scope of our contract (schedule, scope, exhaustive studies, etc.) will be considered Additional Services.

5.3 Value engineering redesign that arises from budget constraints of trades outside our scope of work and in the absence of a predesign construction budget for our scope of work will be considered Additional Services.

5.4 Client-requested design or programmatic changes after the completion of any Phase will be considered Additional Services.

5.5 Attendance in project meetings beyond the specified quantity.

5.6 Performance based Title 24 calculations and forms will be considered additional services.

Energy modeling services for compliance modeling or LEED is quoted separately.

5.7 Participation is commissioning meetings or commissioning process unless otherwise noted.

Attachment "1"
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5.8 Coordination of new utility services and preparation of application forms to the city, or the local utility companies for new water, fire protection, natural gas, and electrical services to the building.

5.9 Solar PV and battery storage design.

5.10 EV charging stations.

5.11 Additional back-checks ( one back check is included) of punch-list items can be provided as an aadditional service.

5.12 Review and comments on scope and magnitude of contractor’s construction change orders can be provided as an additional service.

5.13 Filing contract documents with the local building department. Negotiation of variances with local agencies for mechanical, electrical, and life safety codes.

5.14 Construction Administration services, such as additional site visits or regular attendance in contractor BIM or shop drawing coordination meetings in person or by phone.

5.15 Multiple reviews of equipment submittals and shop drawings. AT has included one review and another final back check if required.

PART 6 - DOCUMENT PRODUCTION AND FILE TRANSFER
Building Information Modeling (BIM)
We understand the project will use Autodesk Revit MEP 2024 utilizing BIM 360 (Dependent upon Architectural Preference). The variation and expectations related to BIM can vary significantly from project to project. We have based our fee on the following standard BIM deliverables. These items are not a premium beyond what would be required for a standard AutoCAD 2D delivery method.

AlfaTech will prepare a single Revit model that contains all mechanical, electrical and plumbing objects. a. 2D prints and documents will be prepared from the 3D Revit Model. There will be no duplication of information in AutoCAD or a similar 2D based CADD environment. b. We have included in our fee the use of Revit for the purposes of design document production and design clash detection. We have excluded delivery of an As-Built Revit model, participation in clash detection meetings with the contractor. c. We have assumed that the Revit model will be constructed using industry standards and delivered to the Contractor and Owner “As-Is” with no additional modifications to parameters or information in the model beyond what is provided in the AlfaTech Standards.

Revisions to the model to include additional information will be an add service.

BIM Model Clash Detection
No BIM model clash detection is assumed to be required.

Revit Model Updates
We have assumed that the model will be continuously updated by the architect; models submitted by the architect less than two (2) weeks prior to each submittal will be evaluated to determine whether the model can be accepted and the MEP scope of work still be delivered on schedule.

AlfaTech will notify the architect if there are any model revisions for revisions that cannot be Attachment "1"
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incorporated within the project schedule. Alternatively an extension of the delivery date will be granted. The time extension will be negotiated based on the extent of changes to the revised backgrounds. The architect is responsible for providing a clouded set of PDF drawings with an accompanying narrative to identify all changes to model when uploading/ issuing a new model to the design team.

PART 7 - PROJECT SCHEDULE
We will provide you with the services noted above during the time period that is based on the following project schedule:

Project Schedule Anticipated Duration (weeks)
Facility Assessment 6 weeks
Programming Assistance 4 weeks
Schematic Design 8 weeks
PART 8 - COMPENSATION
Basic Services
AT proposes to perform the services outlined above for the Phased-Fixed Fee amount. This amount will not be exceeded without your prior written authorization.

DESIGN FEE
Phase Mechanical Plumbing/FP Electrical/FA Technology Subtotal Feasibility Study $5,250 $2,250 $5,250 $2,250 $15,000
Schematic Design $39,200 $16,800 $39,200 $16,800 $112,000 GRAND TOTAL $44,450 $19,050 $44,450 $19,050 $127,000
ADD ALTERNATE SCOPE & FEES:

1. Specialty Lighting Design TBD

2. Short Circuit and Coordinate Study TBD
Note: Services marked as TBD will require additional discussion and scope evaluation before a fee can be provided.

SPECIALTY SERVICE DESIGN FEE:

Architectural Lighting Design Services (see separate proposal) Reimbursable Expenses
Project-related reimbursable costs will be invoiced at cost plus 10%, over and above the basic services listed above. The estimated allowance for reimbursable expenses is $2,000.

Reimbursable expenses include but are not limited to the following:

1. Printing Costs – Plots, blueprints, vellums, copies, and other reproduction costs.

Attachment "1"
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2. Mailing and delivery expenses.

3. Auto expense (including mileage).

4. Out of Town Travel Expenses.

5. Outside Consultants.

6. Conference Call Expenses
Reimbursable Type Bill Rate
In-House Final Plots $2.40/sq. ft.

In-House Check Plots $0.60/sq. ft.

In-House Prints $0.15/sq. ft.

In-House Copies $0.10 each
Mileage $0.62.5/mile
Out-Sourced Prints/Copies Cost + 10%
Out-Sourced Delivery/Mailing Cost + 10%
Out-of-Town Travel Expenses Cost + 10%
Outside Consultants Cost + 10%
PART 9 - HOURLY RATES
The hourly rates listed are the project standard rates for the employee billing classifications shown. Please note that employee project related titles may differ from billing classifications, and that rates are subject to annual adjustment.

Effective January 1, 2023

HOURLY RATE SCHEDULE
Employee Billing Classification Hourly Rate
Partner $280
Senior Principal $265
Principal $245
Associate Principal $220
Associate $200
Senior Engineer $170
Engineer $155
Design Engineer $135
Designer $120
BIM Manager $150
BIM Specialist $125
BIM/CAD Operator $95
Project Administrator $90
Administrative Support $85
Attachment "1"
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STANDARD TERMS AND CONDITIONS
AlfaTech (“AT”) shall perform the services outlined in the attached proposal for the stated fee based upon the following terms and conditions. The attached proposal and these terms and conditions are collectively referred to herein as “this Agreement.”

9.1 Scope of Services. The Client and AT have agreed to a list of Basic Services AT will provide to the Client, as listed on the attached proposal. If agreed to in writing by the Client and AT, AT shall provide Additional Services. Additional Services are not included as part of the Basic Scope of Services and shall be paid for by the Client in addition to payment for Basic Services, in accordance with AT’s prevailing fee schedule.

9.2 Validity. The fees referenced in the attached proposal are valid for a period of 30 days from the date of the proposal. Upon written notice to proceed from the Client, it will be mutually understood that this Agreement has been accepted by the Client. A signed copy of this Agreement is required prior to AT commencing services.

9.3 Performance. AT shall perform its services in a manner that is consistent with the professional skill and care ordinarily provided by members of the same profession practicing in the same or similar locality under the same or similar circumstances. AT will perform these services with reasonable diligence and expediency consistent with sound professional practices. The Client and AT are aware that many factors outside AT’s control may affect AT’s ability to complete the services to be provided under this Agreement. The Client agrees that AT is not responsible for damages arising directly or indirectly from any delays for causes beyond AT’s control. Such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency to act in a timely manner; failure of performance by the Client or the Client’s contractors or consultants; or discovery of any hazardous substances or differing site conditions.

9.4 Information Provided by Client. The Client shall furnish, at the Client’s expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. AT may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof.

9.5 Governing Law and Jurisdiction. The Client and AT agree that this Agreement, and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of California. It is further agreed that any legal action between the Client and AT arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in Santa Clara County, California.

9.6 Access. Unless otherwise stated, AT will have access to the site for activities necessary for the performance of AT’s services.

9.7 No Hazardous Materials. AT shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the project site.

9.8 Instruments of Service. The Client acknowledges that all reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by AT as instruments of professional service (“Instruments of Service”) shall remain the property of AT. AT shall retain all common law, statutory and other reserved rights, including the copyright thereto. Upon execution of this Agreement, AT grants to the Client a nonexclusive license to reproduce AT’s Instruments of Service for purposes Attachment "1"
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of constructing, using and maintaining the project for which the instruments were prepared, provided that the Client shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. Any termination of this Agreement prior to completion of the project shall terminate this license. The Client shall not reuse or make any modification to the Instruments of Service without the prior written authorization of AT. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless AT, its officers, directors, employees and sub-consultants (collectively, “AT”) against any damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising from or allegedly arising from or in any way connected with the unauthorized reuse or modification of the Instruments of Service by the Client or any person or entity that acquires or obtains the Instruments of Service from or through the Client without the written authorization of AT.

9.9 Certifications, Guarantees and Warranties. AT shall not be required to sign any documents, no matter by whom requested, that in any way might increase AT’s risk or the availability or cost of its professional or general liability insurance, or that would result in AT's having to certify, guarantee or warrant the existence of conditions AT cannot reasonably ascertain.

9.10 Billings/Payment. Invoices shall be submitted by AT monthly, and are due upon presentation and shall be considered past due if not paid within thirty (30) calendar days of the due date. Invoices not paid within thirty (30) days of the date of the invoice will be subject to a 1.5% interest charge per month until paid in full. No deductions shall be made from AT's compensation on account of penalty, liquidated damages, or other sums withheld from payments to contractors. Client agrees to pay all costs of collection, including attorneys’ fees if legal action is required to enforce the payment provisions of this Agreement. If the Client objects to any portion of an invoice, the Client shall so notify AT in writing within fifteen (15) calendar days of receipt of the invoice. The Client shall identify in writing the specific cause of the disagreement and the amount in dispute with supporting documentation and shall pay that portion of the invoice not in dispute in accordance with the other payment terms of this Agreement. Any dispute over invoiced amounts due which cannot be resolved within twenty-five (25) calendar days after presentation of invoice by direct negotiation between the parties shall be resolved within thirty (30) calendar days thereafter in accordance with the Dispute Resolution provision of this Agreement. Interest as stated above shall be paid by the Client on all disputed invoice amounts that are subsequently resolved in AT’s favor and shall be calculated on the unpaid balance from the due date of the invoice.

9.11 Termination/Suspension of Services. This Agreement may be terminated by either party at any time, with or without cause, with written notice submitted ten (10) working days prior to the termination date. In the event of termination, Client will pay AT for all services rendered and reimbursable expenses incurred up to the termination date. If the project is suspended for more than one month or abandoned in whole or in part, AT shall be paid compensation for services performed prior to receipt of written notice from the Client of such suspension or abandonment, together with reimbursable expenses then due and all termination expenses resulting from such suspension or abandonment. If the project is resumed after being suspended, AT’s compensation shall be subject to renegotiation. If the Client fails to make payments when due or otherwise is in breach of this Agreement, AT may suspend performance of services upon five (5) calendar days’ notice to the Client. AT shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. Upon payment in full by the Client, AT shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for AT to resume performance. If the Client still fails to make payment to AT in accordance with the Attachment "1"
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payment terms herein, this shall constitute a material breach of this Agreement and shall be cause for termination of this Agreement by AT as set forth above.

9.12 Dispute Resolution. The parties agree to first try in good faith to settle any dispute under this Agreement by mediation pursuant to the Construction Industry Mediation Rules of the American Arbitration Association. If the claim or controversy is not settled by mediation, the claim or controversy may be resolved by final and binding arbitration, if the parties so agree, or otherwise by civil litigation.

9.13 Indemnification. AT agrees to indemnify and hold the Client harmless from any claims, damages, liability, loss or cost (including reasonable attorneys’ fees and costs of defense) (hereinafter “Claims”) to the proportionate extent that such Claims are caused by AT’s negligence or willful misconduct. The indemnity obligations provided under this section shall only apply to the extent such Claims are determined by a court of competent jurisdiction or arbitrator to have been caused by the negligence or willful misconduct of AT. These indemnity obligations shall not apply to the extent said Claims arise out of, pertain to, or relate to the negligence or willful misconduct of Client or Client’s other agents, other servants, or other independent contractors, including the contractor, subcontractors of contractor or other consultants of Client, or others who are directly responsible to Client, or for defects in design or construction furnished by those persons.

AT shall not have an upfront duty to defend, but shall reimburse defense costs pursuant to the indemnity obligation set forth above. The Client shall indemnify and hold AT harmless (including AT’s shareholders, officers, directors, agents and employees) from any and all Claims arising out of or relating directly or indirectly to the project except to the extent such Claims are caused by AT’s negligence or willful misconduct.

9.14 Responsibility for Costs. AT shall only be responsible for the cost of change orders to the extent they are caused by AT’s negligent acts, errors, or omissions, where AT’s services were not performed in accordance with generally accepted professional practices. Any value received by Client for such change orders shall be deducted from any liability costs to AT and AT shall be given the opportunity to negotiate with the job contractors and/or other contractors of AT’s choice on any items that will result in liability cost to AT prior to the work proceeding. AT shall not be responsible for any costs that result from concealed conditions or any other conditions that are beyond AT’s control or that AT would not reasonably be expected to have considered as part of a normal design process. Any charges assessed to AT shall be reduced by the difference between the total contract amount (or total fee budget for time and expense projects) and the actual amount previously paid to AT.

9.15 Construction Phase Responsibilities. AT shall visit the site as set forth in the attached proposal in order to become generally familiar with the progress and quality of the portion of the work completed, and to determine, in general, if the work observed is being performed in a manner indicating that the work, when fully completed, will be in accordance with the Contract Documents. However, AT shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work.

On the basis of the site visits, AT shall keep the Client reasonably informed about the progress and quality of the portion of the work completed, and report to the Client (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the contractor, and (2) defects and deficiencies observed in the work. AT shall not be responsible for the means, methods, procedures, techniques, or sequences of construction, for safety on the job site or for the contractor’s failure to carry out the work in accordance with the Contract Documents.

9.16 Limitation of Liability. The Client agrees, to the maximum extent permitted by law, to limit the liability of AT for the Client’s damages to a maximum amount not to exceed the fee paid to AT for the project specified in this Agreement. This limitation shall apply Attachment "1"
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regardless of the cause of action pled or legal theory asserted except as otherwise prohibited by law.

9.17 Waiver of Consequential Damages. AT and Client waive consequential damages for claims, disputes or other matters in question arising out of or related to this Agreement.

Consequential damages include, but are not limited to, loss of use and loss of profit, loss of business, loss of income, loss of reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Paragraph 11.

9.18 Assignment. Neither party to this Agreement shall transfer or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. Subcontracting to consultants normally contemplated by AT shall not be considered an assignment for purposes of this Agreement.

9.19 Sole Corporate Liability. It is intended by the parties to this Agreement that the Client’s obligations (provided the Client is not an individual) and AT’s services in connection with the Project shall not subject the Client’s or AT’s individual shareholders, officers, directors, members, managers or employees to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, Client and AT agree that as their sole and exclusive remedy against the other, any claim, demand or suit shall be directed and/or asserted only against the business entities that are the parties to this Agreement, and not against any of the Client’s or AT’s individual shareholders, officers, directors, members, managers or employees.

9.20 No Third Party Beneficiaries. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or AT.

9.21 Miscellaneous. This Agreement shall be governed by the laws of the State of California. If any provision of this Agreement shall be held to be invalid or unenforceable, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. This Agreement represents the entire and integrated agreement between the Client and AT and supersedes all prior negotiations, representations, or agreements, either written or oral.

Attachment "1"
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PART 10 - ACCEPTANCE
If this proposal is acceptable to you, please indicate the same by signing and dating below and return an original copy for our records. The parties acknowledge that this proposal may be superseded only by a subsequent formal Agreement executed by both parties. AT requires that such subsequent formal Agreement be executed on its behalf by its Chief Financial Officer.

We appreciate the opportunity to participate in this project with you. If you have any questions, please do not hesitate to call.

Respectfully Yours,
AlfaTech

By
Ethan Dickenson
Managing Director
cc: DH

Agreed And Accepted:

FFKR
Name
Title
Date
Document1
Attachment "1"
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DURATION (WEEKS)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
Meeting (In-person)
Meeting (Remote)
Deliverable
Facility Assessment
On-site Evaluation
Assessment Narrative
Programming
Survey
Space Standards
Matrix of Space Needs
System Narratives
Diagrams
Options
Phasing
Cost Estimates
Report Compilation
Facility Assessment
Report
Interim
Deliverable
Final
Deliverable
Attachment "2"
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INSR ADDL SUBR

LTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

PHONE FAX
(A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $

DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$
PROOTHER:

JECT LOC

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS

AUTOS ONLY
HIRED PROPERTY DAMAGE $
AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ POLICY

NON-OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

ACORDTM CERTIFICATE OF LIABILITY INSURANCE
Sentinel Insurance Company Ltd.

Hartford - WC Multiple Issuing Cos
Twin City Fire Insurance Company
Houston Casualty Company
10/21/2024
USI Insurance Services, LLC
2375 E. Camelback Road, Suite 250
Phoenix, AZ 85016
877 468-6516
Christine Torrance
602 666-4830 610 537-2283
[email protected]
Matrix Consulting Group, Ltd.
1650 S. Amphlett Blvd., Ste 213
San Mateo, CA 94402-1234
11000
00914
29459
42374
A X
X
X
X X 59SBARO0849 08/08/2024 08/08/2025 2,000,000
1,000,000
10,000
2,000,000
4,000,000
4,000,000
A
X X
X X 59SBARO0849 08/08/2024 08/08/2025 2,000,000
B X X
X 10,000
59WECAB6S04 08/08/2024 08/08/2025 3,000,000
3,000,000
B
Y
X 59WECAB6S04 08/08/2024 08/08/2025 X
1,000,000
1,000,000
1,000,000
C
D
Professional Liab
Cyber Liability
59PG029737224
H24NGP24613900
08/08/2024
10/04/2024
08/08/2025
10/04/2025
$2,000,000/$3,000,000
$2,000,000/$2,000,000
General Liability, including completed operations, and Hired & Non-Owned Auto Liability include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there is a written contract or written agreement between the named insured and the certificate holder and with regard to work performed by or on behalf of the named insured. General Liability, Hired & Non-Owned Auto Liability and Workers Compensation provide a blanket Waiver of Subrogation in favor of the (See Attached Descriptions)
City of Escondido
a California municipal corporation
Attn: Megan Crooks
201 N. Broadway;
Escondido, CA 92025
1 of 2
#S46759694/M46703727
Client#: 1635640 MATRICON2
VUSZP
Attachment "4"
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SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
same, when required by written contract. General Liability and Hired & Non-Owned Auto Liability contain a special endorsement with "Primary and Non-Contributory" wording, when required by written contract. Umbrella follows form to General Liability, Hired & Non-Owned Auto Liability and Workers Compensation. This form is subject to any/all respective policy provisions.

Additional Insured: City of Escondido, including its officials, officers, agents, employees, and volunteers 2 of 2
#S46759694/M46703727

Attachment "4"
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City of Escondido
Business License Division
201 N Broadway
Escondido, CA 92025

CITY OF ESCONDIDO

BUSINESS LICENSE CERTIFICATE
Business License No:

Expiration Date:

Business Type:

Ownership:
211811

CORPORATION

SERVICE
Matrix Consulting Group, Ltd
Attn: Matrix Consulting Group, Ltd
1650 S. Amphlett Blvd., Suite 213
San Mateo, CA 94402
12/31/2024
Access your account online at ols.escondido.org
using your renewal code
Renewal Code: B7EV4WQ6

IMPORTANT INFORMATION
· Please verify all information. If any changes occur, please contact the Business License Division at (760) 839-4659. · Remember to renew your Business License within one month of the Expiration Date, even if you don’t receive a Renewal Notice.

Payments postmarked or paid on-line after the Penalty Date will incur late penalties of 25% per month. · Closing your business or no longer working in Escondido? You must sign, date and return your Renewal Notice to close your account. · Please display the Certificate below in public view.
· Escondido’s business licenses are issued for revenue purposes. The issuance or possession of a license confers no rights or privileges and only serves to prove that a business tax has been paid for the period specified on the license certificate. Licenses are not deemed regulatory in any way and are not proof of compliance with zoning, building, or any other regulations of the city.

Thank you for doing business in the City of Escondido!

FOLD OR DETACH HERE FOR DISPLAY

BUSINESS LICENSE CERTIFICATE CITY OF ESCONDIDO
This certificate is to be displayed at your place of business. It is issued without verification that the holder is subject to or exempt from licensing by the State of California. This certificate does not consititute a permit to operate a business in violation of any law or ordinance.

Business
Name:

Business
Location:

Business
Phone:

Owner/
Officer:

NPDES:

POST IN A CONSPICIUOUS PLACE - NOT TRANSFERABLE
201 N Broadway
Escondido, CA 92025
(760) 839-4659
Business License Number:

NAICS#:

SIC#:

Conditions/Remarks:
211811
Matrix Consulting Group, Ltd.
650-858-0507
Richard Brady
1650 S. Amphlett Blvd., Suite 213
San Mateo, CA 94402
Expiration Date: 12/31/2024
541611 - Administrative Management and
General Management Consulting Services
8742 - Management Consulting Services
Attachment "5"
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Resolution on the Authority to Sign Contracts and Proposals Soliciting Contracts RESOLVED, that Richard Brady, President of this Corporation be hereby authorized and empowered to enter into contracts for the Matrix Consulting Group, Ltd. in the name of and on behalf of this Corporation, upon such terms and conditions as may be agreed upon, at the sole discretion of the President. This authority also extends to the submission of proposals to enter into contracts for client service.

The undersigned hereby certifies that he/she is the duly elected and qualified Secretary and the custodian of the books and records and seal of Matrix Consulting Group, a corporation duly formed pursuant to the laws of the state of California and that the foregoing is a true record of a resolution duly adopted at a meeting of the Board and that said meeting was held in accordance with state law and the Bylaws of the above- named Corporation on January 20, 2024 and that said resolution is now in full force and effect without modification or rescission.

IN WITNESS WHEREOF, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above-named Corporation this 20th of January 2024.

Khushboo Ingle
Secretary
matrix
consulting group
Attachment "6"
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STAFF REPORT
November 20, 2024
File Number 0600-10; A-3536

SUBJECT
AWARD CONSTRUCTION CONTRACT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”)

PLAYGROUND EQUIPMENT INSTALLATION PROJECT AT WASHINGTON PARK, JESMOND DENE PARK,

AND WESTSIDE PARK

DEPARTMENT
Development Services

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-169 awarding a construction contract to Western State Builders, Inc., determined to be the lowest responsible and responsive bidder, and authorizing the Mayor, on behalf of the City, to execute a Public Improvement Agreement in the amount of $559,311 to complete base bid work items and additive alternate items No. 8, 9 & 10.

Staff Recommendation: Approval (Christopher W. McKinney, Deputy City Manager and Jonathan Schauble, City Engineer)
Presenter: Ed Vasquez, Project Manager
ESSENTIAL SERVICE – Yes, Parks Facilities/Open Spaces
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido

FISCAL ANALYSIS
The City of Escondido receives an annual formula grant allocation of CDBG program funding from the U.S. Department of Housing and Urban Development (“HUD”). The CDBG Playground Equipment Installation Project for Washington, Westside, and Jesmond Dene Parks Project (“Project”) will be funded in full with previously approved CDBG 2020-2021 and 2024-2025 CIP allocations and will not impact the General Fund.

PREVIOUS ACTION
On September 11, 2024, the City Council adopted Resolution No. 2024-133 rejecting all bids received in response to the City’s Request for Bids (“RFB”) No. 24-17 – CDBG Playground Equipment Installation Project and authorized staff to re-bid the project. This was due to the bids received all exceeding the CDBG funding for this project.
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BACKGROUND
On October 31, 2024, two sealed bids were received in response to the advertised request for bids for the project. The confirmed totals for the total base and all alternate bid items are as follows:

Western State Builders Inc. $607,191.00
R.E. Schultz Construction Inc. $872,385.00
Staff has evaluated the bids and determined that the construction bid submitted by Western State Builders Inc. is the lowest responsive and responsible bid. Staff recommends awarding a construction contract in the amount of $559,311.00 to Western State Builders Inc (“Contractor”). The reason that the recommended award amount does not match the total bid amount is because not all of the alternate bid items are being awarded to the Contractor. Alternate bid items 5, 6, & 7 were for installation of wood fibers in the play areas in case the bids were too high for rubber surfacing (Alternate bid items 8, 9, & 10).

Since the Project has enough funds for the rubber surfacing, the wood fiber bid items will not be awarded as part of this construction contract.

RESOLUTION
a) Resolution No. 2024-169
b) Resolution No. 2024-169 Exhibit “A” – Public Improvement Agreement 212
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RESOLUTION NO. 2024-169

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A PUBLIC

IMPROVEMENT AGREEMENT FOR THE CDBG

PLAYGROUND EQUIPMENT INSTALL FOR

WASHINGTON, WESTSIDE AND JESMOND DENE PARKS

PROJECT
WHEREAS, the City Council has allocated funding in the adopted Capital Improvement Program budget for the CDBG Playground Equipment Installation at Wasington, Westside and Jesmond Dene Parks Project (“Project”); and
WHEREAS, a notice inviting bids for said improvements was duly published; and WHEREAS, pursuant to said notice, two sealed bids for the project were opened and evaluated on October 31, 2024; and
WHEREAS, Western State Builders Inc., was determined to be the lowest responsive and responsible bidder; and
WHEREAS, this City Council desires at this time and deems it to be in the best public interest to authorize a Public Improvement Agreement with Western State Builders Inc., in the amount of $559,311.00.

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

1. That the above recitations are true.
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2. That the City Council authorizes the Mayor to execute, on behalf of the City, a Public Improvement Agreement with Western State Builders Inc., in a substantially similar form to that which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney.
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Resolution No. 2024-169
Exhibit “A”

Public Improvement Agreement (Contractor) - 1 - CAO: 8/26/2021

CITY OF ESCONDIDO

PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is made and entered into as of the last date of signature below (“Effective Date”),
Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Ed C Vasquez, Project Manager
760-546-3944
("CITY")
And: Western State Builders, Inc.
a California corporation
2141 Orange Ave.

Escondido CA 92029
Attn: Scott Bando
760-546-2405 X102
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties desire to enter into this Agreement for the performance of work relating to the Community Development Block Grant (CDBG) playground equipment install for the Washington, Westside, and Jesmond Dene Parks Project (“Project”), occurring on property located at 501 N. Rose St., Escondido, CA 92027 (Washington Park), 333 S. Spruce St., Escondido, CA 92025 (Westside Park), and 2401 N. Broadway, Escondido, CA 92026 (Jesmond Dene Park) and having assessor’s parcel numbers (APN) 230-530-45-00, 232-290-23-00, and 187-310-09-00 (“Property”), as further described herein.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

1. Project Documents. The Notice Inviting Sealed Bids/Notice to Contractors, Instructions to Bidders, Bid Form, Designation of Subcontractors, Workers' Compensation Certificate, Change Orders, Shop Drawing Transmittals, Information Required of CONTRACTOR, Non-collusion Affidavit, Insurance Certificates, Guarantees, General Conditions, Supplementary General Conditions, Special Conditions, Plans, Drawings, Specifications, the Agreement, and all modifications, 215
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Resolution No. 2024-169
Exhibit “A”

Public Improvement Agreement (Contractor) - 2 - CAO: 8/26/2021 addenda, and amendments thereto (“Project Documents”) are incorporated herein by this reference as if fully set forth herein. The Project Documents are complementary, and what is called for by any one shall be as binding as if called for by all.

2. Description and Performance of Work. CONTRACTOR shall furnish all work described in the Project Documents (“Work”). All Work to be performed and materials to be furnished shall be completed in a good workmanlike manner, free from defects, in strict accordance with the plans, drawings, specifications, and requirements set forth in the Project Documents and all provisions of this Agreement.

3. Compensation. In exchange for CONTRACTOR’s completion of the Work, the CITY shall pay, and CONTRACTOR shall accept in full, an amount not to exceed the sum of $559,311 (“Contract Price”).

CONTRACTOR shall be compensated only for performance of the Work described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent.

4. Term and Time of Performance. CONTRACTOR shall commence work within one week from the CITY's notice to proceed. CONTRACTOR shall diligently perform and complete the Work with professional quality and technical accuracy within 60 days of the notice to proceed being issued(“Completion Date”). Extension of terms or time of performance shall be subject to the CITY’s sole discretion.

5. Time Is of the Essence. If the Work is not completed by the Completion Date, it is understood that the CITY will suffer damage. It being impractical and infeasible to determine the amount of actual damage, in accordance with Government Code section 53069.85, the Parties agree that CONTRACTOR shall pay to the CITY as fixed and liquidated damages, and not as a penalty, the sum of $500 per day for each calendar day of delay until the Work is completed and accepted (“Liquidated Damages Amount”). The Liquidated Damages Amount shall be deducted from any payments due to, or that become due to, CONTRACTOR. CONTRACTOR and CONTRACTOR'S surety shall be liable for the Liquidated Damages Amount.

6. Insurance Requirements.
a. CONTRACTOR 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 Work, and the results of such Work, by CONTRACTOR, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 0001 11188 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury (including emotional distress), sickness, disease, or death of any person other than the CONTRACTOR's employees, and personal and advertising injury, and damages because of injury or destruction of tangible property, including loss of use resulting there from, with limits no less than $3,000,000 combined single limit coverage per occurrence for bodily injury and property damage; or, if a general aggregate limit is applicable, either: (i) the general aggregate limit shall specifically apply to the project identified in the bid specifications or to the location of such project which is the subject of these bid specifications with coverage to be no less than $3,000,000, or (ii) the general aggregate shall be at least $3,000,000 combined single limit coverage per occurrence for bodily injury and property damage. 216
Item10.

Resolution No. 2024-169
Exhibit “A”

Public Improvement Agreement (Contractor) - 3 - CAO: 8/26/2021 (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non-owned autos (Code 9), including damages because of bodily injury, death of a person, or property damage arising out of the ownership, maintenance, or use of a motor vehicle, all mobile equipment, and vehicles moving under CONTRACTOR’s control and engaged in the Work, with limits no less than $3,000,000 combined single limit per accident for bodily injury and property damage. (3) 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.
(4) Builder’s Risk/“All Risk” Insurance. The CONTRACTOR, during the progress of the Work and until final acceptance of the Work by CITY, shall maintain Builder's Risk/"All Risk," course-of-construction insurance satisfactory to CITY issued on a completed value basis of all WORK pursuant to this Agreement. Coverage is to provide extended coverage and insurance against vandalism, theft, malicious mischief, perils of fire, sprinkler leakage, civil authority, sonic boom, earthquake, collapse, flood, wind, lightning, smoke, riot, debris removal (including demolition), and reasonable compensation for the Engineer's services and expenses required as a result of such insured loss upon the Work, including completed Work and Work in progress to the full insurable value thereof. Such insurance shall include the CITY and the City Engineer as an additional named insured and any other person with an insurable interest designated.
(5) If CONTRACTOR maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Compliance with General Condition Requirements. Insurance coverage shall comply with and meet all requirements set forth in Article 5.2 of General Conditions (2) 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 CITY.
(3) Additional Insured Status. Both the Commercial General Liability and the Automobile 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 additional insured endorsement shall be at least as broad as ISO Form CA 20 01.
(4) Primary Coverage. CONTRACTOR’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, agents, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it. 217
Item10.

Resolution No. 2024-169
Exhibit “A”

Public Improvement Agreement (Contractor) - 4 - CAO: 8/26/2021 (5) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (6) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONTRACTOR shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(7) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary 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 CONTRACTOR, its agents, representatives, employees and subcontractors.
(8) Self-Insurance. CONTRACTOR may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of selfinsurance. CONTRACTOR shall only be permitted to utilize such self-insurance if, in the opinion of the CITY, CONTRACTOR’s (i) net worth and (ii) reserves for payment of claims of liability against CONTRACTOR are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONTRACTOR’s utilization of selfinsurance shall not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.
(9) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY 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 CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY 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. e. No Limitation of Obligations. The insurance requirements within this Agreement, including the types and limits of insurance coverage CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions within this Agreement concerning indemnification. f. Compliance. 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. Compliance by CONTRACTOR with the requirement to carry insurance and furnish certificates, policies, Additional Insured Endorsement and Declarations Page evidencing the same shall not relieve the CONTRACTOR 218
Item10.

Resolution No. 2024-169
Exhibit “A”

Public Improvement Agreement (Contractor) - 5 - CAO: 8/26/2021 from liability assumed under any provision of this Agreement, including, without limitation, the obligation to defend and indemnify the CTY and the City Engineer. In the event that CONTRACTOR fails to comply with any insurance requirement set forth in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONTRACTOR to stop Work under this Agreement and/or withhold any payment that becomes due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

7. Indemnification, Duty to Defend, and Hold Harmless.
a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, 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 CONTRACTOR’s (including CONTRACTOR’s agents, employees, and subcontractors, if any) Work pursuant to this Agreement or its failure to comply with any of its obligations contained herein, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. b. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No.

R9-2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any Work performed pursuant to this Agreement. c. All terms and provisions within this Section 7 shall survive the termination of this Agreement.

8. Bonds.
a. CONTRACTOR shall furnish and deliver to the CITY, simultaneously with the execution of this Agreement, the following surety bonds:
(1) Faithful Performance Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for faithful performance of this Agreement. (2) Labor and Materials Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for payment to persons performing labor and furnishing materials in connection with the Project. b. All bonds furnished to the CITY pursuant to this Agreement shall be in the form set forth herein and approved by the City Attorney.
c. All bonds shall be executed by sureties that are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 219
Item10.

Resolution No. 2024-169
Exhibit “A”

Public Improvement Agreement (Contractor) - 6 - CAO: 8/26/2021 d. If the surety on any bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Work is located, the CONTRACTOR shall, within seven days thereafter, substitute another bond and surety, which must be acceptable to the CITY. No portion of the Work shall be performed without bonds, in a form and issued by a surety acceptable to the City. If one or more of such bonds shall, at any time, not be in full force and effect, CONTRACTOR shall immediately cease performance of the Work until CONTRACTOR is in full compliance with the bonding requirements of this Agreement and California law. All delays and costs incurred or resulting from such occurrence shall be to the exclusive account of CONTRACTOR. Failure of the CONTRACTOR to promptly cure any failure to have the necessary bonds in full force and effect shall be grounds for immediate termination of this Agreement. e. All bonds shall be obtained from surety companies that are duly licensed or authorized in the State of California. Such surety companies shall also meet any additional requirements and qualifications as may be provided in the Supplementary General Conditions.

9. Substitution of Securities. This Agreement is subject to California Public Contract Code section 22300, which permits the substitution of securities for any monies withheld by the CITY to ensure performance of this Agreement. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY, or with a state- or federallychartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR. Upon satisfactory completion and acceptance of the Work, such securities shall be returned to the CONTRACTOR.

10. Contractor Default. In the event CONTRACTOR, for a period of 10 calendar days after receipt of written demand from the CITY to do so (“Cure Period”), fails to furnish tools, equipment, or labor in the necessary quantity or quality required by this Agreement, or fails to prosecute the Work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within the Cure Period, fails to continue to do so, then the CITY in its sole discretion may exclude the CONTRACTOR from the Property, or any portion thereof, and take exclusive possession of the Property or any portion thereof, together with all material and equipment thereon, and may complete the Work or any portion of the Work, either by (i) furnishing the necessary tools, equipment, labor, or materials; or (ii) letting the unfinished portion of the work, or any portion thereof, to another contractor; or (iii) demanding the surety hire another contractor; or (iv) any combination of such methods. The CITY’s procuring of the completion of the Work, or the portion of the Work taken over by the CITY, shall be a charge against the CONTRACTOR and may be deducted from any money due or to become due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of such charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment if CONTRACTOR fails to pay in full any such cost incurred by the CITY. The permissible charges for any such procurement of the completion of the Work include actual costs and fees incurred to third party individuals and entities (including but not limited to consultants, attorneys, inspectors, and designers) and actual costs incurred by the CITY for the increased dedication of time of the CITY’s employees to the Project.

11. Other Legal Requirements Incorporated. Each and every provision of law and clause required by law to be inserted in this Agreement or its attachments shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though such law or clause were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party, the Agreement shall forthwith be physically amended to make such insertion or correction, without further changes to the remainder of the Agreement.

12. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and 220
Item10.

Resolution No. 2024-169
Exhibit “A”

Public Improvement Agreement (Contractor) - 7 - CAO: 8/26/2021 CONTRACTOR concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed 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.

13. 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.

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

15. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONTRACTOR, and pursuant to action of the Escondido City Council.

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

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

18. 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.

19. 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. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

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

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

22. Compliance with Laws, Permits, and Licenses. CONTRACTOR 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. This shall include, but shall not be limited to, all California Labor Code laws regarding payment of prevailing wages and all OSHA regulations. CONTRACTOR shall obtain any and all permits, licenses, and other authorizations necessary to perform the work under this Agreement. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

23. Prevailing Wages and Department of Industrial Relations Compliance. Pursuant to California Labor Code section 1770 et seq., CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONTRACTOR shall 221
Item10.

Resolution No. 2024-169
Exhibit “A”

Public Improvement Agreement (Contractor) - 8 - CAO: 8/26/2021 keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages, including but not limited to the keeping of certified payroll records, overtime pay, employment of apprentices, and workers' compensation coverage, as further set forth in the General Conditions.

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

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

25. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below. (SIGNATURE PAGE FOLLOWS)
222
Item10.

Resolution No. 2024-169
Exhibit “A”

Public Improvement Agreement (Contractor) - 9 - CAO: 8/26/2021 IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO
Date: __________________ ___________________________________ Dane White, Mayor
Western State Builders Inc.

Date: __________________ ___________________________________ Jared Moen, President / Secretary
Date: __________________ ___________________________________ Julian Moen, Vice President / Treasurer
1069677____________________________
Contractor's License No.
___________________________________
Tax ID/Social Security No.

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. 223
Item10.

STAFF REPORT
November 20, 2024
File Number 0480-07

SUBJECT
FY 2023-24 REGIONAL REALIGNMENT RESPONSE GRANT AND BUDGET ADJUSTMENT

DEPARTMENT
Escondido Police Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-172 authorizing the Chief of Police to accept a FY 2023-24 Regional Realignment Response Grant in the amount of $80,000 from the State of California Board of Community Corrections; authorize the Chief of Police or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds.

Funding was provided by Assembly Bill 118 and Senate Bill 89, initiatives to reduce state prison overcrowding and support local law enforcement efforts to efficiently manage offenders and paroleviolators. Escondido’s allocation is used to support regional and local enforcement operations. Funds must be used for police officer overtime and associated overhead.

Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police
ESSENTIAL SERVICE – Yes, internal requirement in support of Police Services COUNCIL PRIORITY – Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido.

FISCAL ANALYSIS
This will have no impact on the General Fund Budget. The FY 2023-24 Regional Realignment Response Grant is state funded. Funding will cover expenses through June 30, 2025.

PREVIOUS ACTION
On October 25, 2023, the City Council authorized the Chief of Police to accept an $80,000 FY 2022-23 Regional Realignment Response Grant.
224
Item11.

BACKGROUND
The Escondido Police Department has been allocated $80,000 under the FY 2023-24 Regional Realignment Response Grant through the State of California Board of Community Corrections. This funding was provided by Assembly Bill 118 and Senate Bill 89, initiatives to reduce state prison overcrowding and support local law enforcement efforts to efficiently manage offenders and parole-violators. These bills allow for the release of subjects into the community from prison before their sentences were fully served, putting the responsibility of monitoring them on local law enforcement. Grant funds are used for regional and local enforcement operations to monitor prisoners that were released as a result of Assembly Bill 118 and Senate Bill 89.

RESOLUTIONS
a) Resolution No. 2024-172

ATTACHMENTS
b) Budget Adjustment
225
Item11.

RESOLUTION NO. 2024-172

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE CHIEF
OF POLICE TO ACCEPT A FY 2023-24 REGIONAL

REALIGNMENT RESPONSE GRANT FROM THE STATE

OF CALIFORNIA BOARD OF COMMUNITY
CORRECTIONS IN THE AMOUNT OF $80,000, EXECUTE

ALL DOCUMENTS NECESSARY FOR THE MANAGEMENT
AND COMPLETION OF THE GRANT SCOPE; AND

AUTHORIZING THE NECESSARY BUDGET ADJUSTMENT
WHEREAS, the FY 2023-24 Regional Realignment Response Grant will be financed from funds made available by the State of California Board of Community Corrections, through Assembly Bill 118 and Senate Bill 89, initiatives to reduce state prison overcrowdingand support local law enforcement effortsto efficientlymanage offenders and parole-violators; and WHEREAS, the City of Escondido desires to support local law enforcement efforts in regards to legislation reducing state prison overcrowding; and
WHEREAS, the Escondido Police Department has received a grant funding to support these efforts during the project period of July 1, 2024 through June 30, 2025; and; WHEREAS, the Escondido Police Department has designated the FY 2023-24 Regional Realignment Response Grant to conduct specific programs to address these goals.

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. Thatthe City Council authorizesthe Chief of Police ofthe City of Escondido to accept the FY 2022-23 Regional Realignment Response Grant in the amount of $80,000 and execute all documents necessary for the management and completion of the grantscope. 226
Item11.

3. That the City Council hereby also approves and authorizes the necessary budget adjustment needed to establish a new project number for tracking and spending of grant funds.

4. That grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
227
Item11.
 









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Item11.

STAFF REPORT
November 20, 2024
File Number 0480-70

SUBJECT
FY 2023-24 U.S. DEPARTMENT OF JUSTICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT –

LOCAL SOLICITATION AND BUDGET ADJUSTMENT

DEPARTMENT
Escondido Police Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-171 to authorize the Police Department to accept a $37,697 FY 2023-24 Edward Byrne Memorial Justice Assistance Grant (“JAG”); authorize the Chief of Police or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds. Grant funds will cover salary expenses for part-time patrol technicians.

Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police
ESSENTIAL SERVICE – Yes, internal requirement in support of Police Services COUNCIL PRIORITY – Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido.

FISCAL ANALYSIS
This action will have no impact on the FY 2024-25 Operating Budget. Grant funds will be used for expenses related salary and benefits of part-time patrol technicians.

PREVIOUS ACTION
On January 10, 2023, the City Council approved a FY 2022-23 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Local Solicitation Grant.

BACKGROUND
The Escondido Police Department has been awarded a $37,697 FY 2023-24 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant. Grant funds will cover salary and benefit expenses for two part-time patrol technicians.
229
Item12.

Patrol Technicians are assigned to the Patrol Division and are utilized to augment front-line law enforcement services allowing officers to focus on crime-prevention and suppression efforts.

Patrol Technicians are an asset to the community. They take non-violent crime reports, prepare and process paperwork, impound found property and evidence, bring important paperwork to the District Attorney and the courts, as well as other necessary tasks. All of these duties would otherwise be performed by sworn police officers. The support of the Patrol Technicians allows for sworn police officers to handle their patrol duties, more serious crime investigations, and other vital assignments.

RESOLUTIONS
a) Resolution No. 2024-171

ATTACHMENTS
b) Budget Adjustment
230
Item12.

RESOLUTION NO. 2024-171

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE CHIEF OF
POLICE TO ACCEPT THE FISCAL YEAR 2023-24 U.S.

DEPARTMENT OF JUSTICE EDWARD BYRNE MEMORIAL

JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF
$37,697; AND EXECUTE ALL NECESSARY BUDGET

ADJUSTMENTS
WHEREAS, the City of Escondido desires to improve efficient law enforcement services to the community; and
WHEREAS, the Escondido Police Department has designated the Fiscal Year 2023-24 U.S.

Department of Justice Edward Byrne Memorial Justice Assistance Grant (“JAG”) to fund salary and benefit expenses of part-time personnel to address this goal; and WHEREAS, the Fiscal Year 2023-24 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant funds are made available through the U.S. Department of Justice in the amount of $37,697.

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 the Chief of Police of the City of Escondido to accept the Fiscal Year 2023-24 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant in the amount of $37,697, and execute all documents necessary for the management and completion of the grant scope, including any extensions and amendments thereof. 231
Item12.

3. That the City Council approves and adopts the budget adjustment to accept and expend the grant funds.
232
Item12.
 









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Attachment "1"
233
Item12.

STAFF REPORT
November 20, 2024
File Number 0480-70

SUBJECT
FY 2024-25 STATE OF CALIFORNIA CITIZEN’S OPTIONS FOR PUBLIC SAFETY PROGRAM GRANT AND

BUDGET ADJUSTMENT

DEPARTMENT
Escondido Police Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-170 authorizing the Escondido Police Department to accept a FY 2024-25 Citizens’ Option for Public Safety Program Grant in the amount of $231,644; approving grant expenditures consistent with guidelines in AB1913; authorizing the Chief of Police or his designee to execute grant documents on behalf of the City; and approving budget adjustments needed to spend grant funds. Grand Funds will cover salary expenses for part-time Police Department employees.

Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police
ESSENTIAL SERVICE – Yes, internal requirement in support of police services COUNCIL PRIORITY – Improve Public Safety; Increase Retention and Attraction of People and Businesses to Escondido.

FISCAL ANALYSIS
Grant funds will be used to augment the Escondido Police Department Operating Budget and will have no impact on the General Fund Budget.

PREVIOUS ACTION
On January 10, 2024, the City Council accepted FY 2023-2024 State of California Citizens’ Option for Public Safety Program Grant in the amount of $232,909, to cover salary expenses for part-time Police Department employees.
234
Item13.

BACKGROUND
Existing law establishes Supplemental Law Enforcement Services Funds and requires monies from these funds to be allocated to counties and cities for purposes of the Citizens’ Option for Public Safety Program.

In September 2000, the California State Legislature chaptered AB 1913, the Schiff-Cardenas Crime Prevention Act of 2000, which increased appropriations for these funds and established new formulas for State Citizens’ Option for Public Safety allocations.

The Escondido Police Department received a FY 2024-25 Citizens’ Option for Public Safety Program Grant award in the amount of $231,644. This grant supports front-line law enforcement services with the intention of enhancing public safety within the community.

The Police Department proposes to use its allocation to cover part-time employees’ salaries and benefits.

Positions funded by the allocation include Department Specialists in the Traffic Division, Patrol Division, Investigations Bureau, Services Bureau, and the Internal Affairs Unit. These part-time employees perform support services that allow front-line law enforcement officers to handle high-priority calls.

These grant funds have been an integral component for the Escondido Police Department’s operations for nearly twenty years. Without this funding, the Police Department would be unable to maintain its parttime staff. Approximately 45 part-time employees are funded by this grant. These employees perform administrative and operational duties that would otherwise fall to sworn officers. This necessary funding has allowed for support staff to remain a vital part of the operations of the Escondido Police Department.

RESOLUTIONS
a) Resolution No. 2024-170

ATTACHMENTS
b) Budget Adjustment
235
Item13.

RESOLUTION NO. 2024-170

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE CHIEF OF
POLICE TO ACCEPT THE FISCAL YEAR 2024-25 STATE OF
CALIFORNIA CITIZEN’S OPTION FOR PUBLIC SAFETY
PROGRAM GRANT IN THE AMOUNT OF $231,644; AND

EXECUTE ALL NECESSARY BUDGET ADJUSTMENTS
WHEREAS, the City of Escondido desires to improve efficient law enforcement services to the community; and
WHEREAS, the Escondido Police Department has designated the Fiscal Year 2024-25 State of California Citizen’s Option for Public Safety Program Grant to fund salary and benefit expenses of parttime personnel to address this goal; and WHEREAS, the Fiscal Year 2024-25 State of California Citizen’s Option for Public Safety Program Grant is made available by the California State Legislature AB 1913 through the Schiff-Cardenas Crime Prevention Act of 2000 in the amount of $231,644.

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 the Chief of Police of the City of Escondido to accept the Fiscal Year 2024-25 State of California Citizen’s Option for Public Safety Program Grant in the amount of $231,644 and execute all documents necessary for the management and completion of the grant scope including any extensions and amendments thereof.

3. That the City Council approves and adopts the budget adjustment to accept and expend the grant funds.
236
Item13.
 









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Attachment "1"
237
Item13.

STAFF REPORT
November 20, 2024
File Number 0480-70

SUBJECT

ESCONDIDO WILDFIRE PREVENTION PROJECT GRANT ACCEPTANCE

DEPARTMENT
Fire Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-173 to authorize the Escondido Fire Department to accept CAL FIRE Escondido Wildfire Prevention Project Grant funds; authorize the Fire Chief or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds
Staff Recommendation: Approval (Fire Department: John Tenger, Fire Chief) Presenter: La Vona Koretke, Deputy Fire Marshall
ESSENTIAL SERVICE – Yes, Fire/EMS
COUNCIL PRIORITY –Improve Public Safety

FISCAL ANALYSIS
This is a reimbursable grant that will provide $245,939.10 to cover the costs of distributing annual wildfire prevention education mailers, focusing on vegetation clearance and defensible space standards. The mailers will be sent to all properties within the High and Very High Fire Severity Zones through 2029.

PREVIOUS ACTION
None

BACKGROUND
In January of 2023, City Staff applied for a CAL FIRE Wildfire Prevention grant to request funds to distribute wildfire prevention education materials to residents of Escondido annually through 2029. The Wildfire Prevention Education Project aims to reduce wildfire risk and enhance community resilience in High and Very High Fire Severity Zones by providing residents with critical information on vegetation clearance and defensible space standards ensuring they are informed about best practices for fire prevention, proper landscaping, and maintaining defensible space around structures. 238
Item14.

The mailers will include easy-to-understand guidelines on how to create defensible space, such as maintaining defensible zones around homes, clearing combustible vegetation, and using fire-resistant materials. Additionally, the mailers will highlight local regulations and provide resources for residents to access professional services or fire prevention tools.

By regularly educating residents on fire-safe practices, this initiative seeks to empower communities to take proactive measures that mitigate the risk of wildfire destruction, protect lives and property, and contribute to broader fire resilience efforts in high-risk areas.

Key Objectives:
 Raise awareness of the importance of vegetation clearance and defensible space.  Promote compliance with local wildfire safety regulations.  Provide ongoing education to residents in high-risk fire zones.  Foster a culture of fire safety through consistent, accessible information distribution.

Through these efforts, the project seeks to reduce the severity of future wildfires and protect vulnerable communities in fire-prone regions.

RESOLUTIONS
a) Resolution No. 2024-173
b) Resolution No. 2024-173 – Exhibit “A” – Grant Agreement

ATTACHMENTS
a) Budget Adjustment
239
Item14.

RESOLUTION NO. 2024-173

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE FIRE

CHIEF TO ACCEPT, ON BEHALF OF THE CITY, A WILDFIRE

PREVENTION GRANT WITH THE CALIFORNIA STATE

DEPARTMENT OF FORESTRY AND FIRE PROTECTION
(CAL FIRE); EXECUTE ALL NECESSARY GRANT
DOCUMENTS; AND AUTHORIZE THE NECESSARY

BUDGET ADJUSTMENT
WHEREAS, the Governor of the State of California in cooperation with the California State Legislature has enacted State of California Climate Investment, which provides funds to the State of California and its political subdivisions for fire prevention programs; and WHEREAS, the State Department of Forestry and Fire Protection (“CAL FIRE”) has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies, non-profit organizations, and others under the program; and WHEREAS, CAL FIRE has awarded the City of Escondido a grant in the amount of $245,939.10 for the purpose of funding the Escondido Wildfire Prevention Project, which will include the distribution of annual wildfire prevention education mailers on vegetation clearance and defensible space standards to residents in high-risk fire zones; and
WHEREAS, the City of Escondido desires to accept said grant and carry out the project to enhance wildfire prevention efforts and increase community awareness of fire safety measures within the City’s High and Very High Fire Severity Zones; and
WHEREAS, it is necessary to authorize the Fire Chief to act on behalf of the City to execute all necessary documents required for the acceptance and implementation of the grant, including but not limited to any agreements, amendments, and certifications; and 240
Item14.

WHEREAS, the City Council must also approve a budget adjustment to allocate the grant funds for the project’s expenses and ensure appropriate tracking and expenditure of funds.

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. The Fire Chief is hereby authorized to accept the CAL FIRE Escondido Wildfire Prevention Project Grant, on behalf of the City of Escondido.

3. That the City Council certifies that staff will expend grant funds prior to March 15, 2030.

4. The Fire Chief is authorized to execute all necessary documents and agreements required to accept, implement, and administer the grant, including any amendments, certifications, or other related documents, including but not limited to the Grant Agreement attached to this Resolution as Exhibit “A”.

5. The City Council hereby authorizes the necessary budget adjustment to allocate the grant funds for the purposes outlined in the grant application and agreement. 241
Item14.

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Gavin Newsom, Governor “The Department of Forestry and Fire Protection serves and safeguards the people and protects the property and resources of California.”

DEPARTMENT OF FORESTRY AND FIRE PROTECTION
P.O. Box 944246
SACRAMENTO, CA 94244-2460
(916) 653-7772
Website: www.fire.ca.gov
November 5, 2024
Chief John Tenger
City of Escondido
1163 North Centre City Parkway
Escondido, CA 92026
5GG23236; “Escondido Wildfire Prevention Project”
This Agreement cannot be considered binding on either party until approved by appropriate authorized CAL FIRE designee. No services should be provided prior to approval, as the State is not obligated to make any payments on any Agreement prior to final approval. FAILURE TO RETURN ALL DOCUMENTS BY DATE BELOW MAY RESULT IN LOSS OF FUNDING.

Please contact Cheyenne Borello at (619) 590-3123 if you have questions concerning services to be performed.

1. Full grant agreement including terms and conditions, project grant application form, scope of work, budget, map, and other exhibits enclosed. Please sign, scan, and return the agreement to Bobby Nguyen at [email protected] no later than November 29, 2024.

Alternatively, you may opt to print (single sided), sign in blue ink, and return the agreement with original signature to:

CAL FIRE
Attn: Grants Management Unit/WP Grants
P.O. Box 944246
Sacramento, CA 94244-2460
In order to expedite your agreement, a scanned/electronic signature copy of the agreement is preferred.

2. Enclosed for your record is one fully executed copy of the agreement referenced above. When billing for services performed under this agreement, your invoices must reference the agreement number above and be submitted to the contract manager.

Thank you,
Bobby Nguyen
Grants Analyst
Grants Management Unit
Enclosures
Resolution No. 2024-173
Exhibit "A"

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Item14.

State of California
Department of Forestry and Fire Protection (CAL FIRE)
Office of the State Fire Marshal

GRANT AGREEMENT
APPLICANT: City of Escondido
PROJECT TITLE: Escondido Wildfire Prevention Project
GRANT AGREEMENT: 5GG23236
PROJECT PERFORMANCE PERIOD is from date of latter signature by CAL FIRE Deputy Director or Grantee through March 15, 2030.

Under the terms and conditions of this Grant Agreement, the applicant agrees to complete the project as described in the project description, and the State of California, acting through the Department of Forestry & Fire Protection, agrees to fund the project up the total state grant amount indicated.

PROJECT DESCRIPTION: The Escondido Wildfire Prevention Project will include a large planning element and a smaller public education element. For the wildfire prevention planning activity, the project will update the City of Escondido and Rincon Del Diablo Fire Protection District’s Community Wildfire Protection Plan (CWPP).

Total State Grant not to exceed $ 245,939.10 (or project costs, whichever is less). *The Special and General Provisions attached are made a part of and incorporated into this Grant Agreement.

City of Escondido

STATE OF CALIFORNIA

DEPARTMENT OF FORESTRY

AND FIRE PROTECTION
Applicant
By By
Signature of Authorized Representative
Print Name/
Title: Title: Frank Bigelow, State Fire Marshal
Date Date

CERTIFICATION OF FUNDING

GRANT AGREEMENT NUMBER PO ID SUPPLIER ID
5GG23236

FUND FUND NAME
3228 Greenhouse Gas Reduction Fund

PROJECT ID
24WFFPGRANTS

ACTIVITY ID
GRANTS

AMOUNT OF ESTIMATE FUNDING
$ 245,939.10

GL UNIT
3540

BUD REF
102
ADJ. INCREASING ENCUMBRANCE
$ 0.00
PROGRAM NUMBER ENY ADJ. DECREASING ENCUMBRANCE
2465010 2024 $ 0.00

ACCOUNT
5340580

ALT ACCOUNT
5340580000

UNENCUMBERED BALANCE
$ 245,939.10

REPORTING STRUCTURE
35405909

SERVICE LOCATION
91049
Acknowledged - I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

Certification of CAL FIRE Accounting Officer Date
Resolution No. 2024-173
Exhibit "A"

243
Item14.

GRANT NUMBER 5GG23236
City of Escondido
Escondido Wildfire Prevention Project
1 TERMS AND CONDITIONS OF GRANT AGREEMENT
I. RECITALS

1. This Agreement, is entered into between the State of California, by and through the California Department of Forestry and Fire Protection (CAL FIRE), hereinafter referred to as “STATE” and, City of Escondido, hereinafter referred to as “GRANTEE”.

2. The STATE hereby grants to GRANTEE a sum (hereinafter referred to as “GRANT FUNDS”) not to exceed Two Hundred Forty Five Thousand Nine Hundred Thirty Nine Dollars and Ten Cents ($245,939.10).

3. In addition to the terms and conditions of this Agreement, the STATE and GRANTEE agree that the terms and conditions contained in the documents set forth below are hereby incorporated and made part of this agreement. a. California Climate Investments Department of Forestry and Fire Protection Wildfire Prevention Grants Program Procedural Guide FY 2023-2024 b. The submitted Application, Scope of Work, Project Workbook, GHG Emissions Workbook and Exhibits
c. ADDENDUM – CALIFORNIA CLIMATE INVESTMENTS (CCI) GRANT

PROJECTS
II. SPECIAL PROVISIONS

1. Recipients of GRANT FUNDS pursuant to California Public Resources Code Section §4124.5 shall abide by the provisions in this Agreement. This includes the requirement that work shall not commence prior to the execution of this Agreement by both parties. Any work started prior to the execution of this Agreement will not be eligible for funding under the terms of this Agreement.

2. As precedent to the STATE’s obligation to provide funding, GRANTEE shall provide to the STATE for review and approval a detailed budget, specifications, and project description. Approval by the STATE of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope and quality of work, and shall not relieve GRANTEE of the obligation to carry out any other obligations required by this Agreement, in accordance with applicable law or any other standards ordinarily applied to such work or activity.

3. All informational products (e.g., data, studies, findings, management plans, manuals, photos, etc.) relating to California’s natural environment produced with the use of GRANT FUNDS shall be available for public use.

Resolution No. 2024-173
Exhibit "A"

244
Item14.

GRANT NUMBER 5GG23236
City of Escondido
Escondido Wildfire Prevention Project
2 III. GENERAL PROVISIONS

1. Definitions
a. The term “Agreement” means grant agreement number 5GG23236. b. The term “GRANT FUNDS” means the money provided by the STATE to the GRANTEE in this Agreement.
c. The term “GRANTEE” means an applicant who has a signed Agreement for the award for GRANT FUNDS.
d. The term “Other Sources of Funds” means all matching fund sources that are required or used to complete the Project beyond the GRANT FUNDS provided by this Agreement.
e. The term “STATE” means the State of California, Department of Forestry and Fire Protection (CAL FIRE).
f. The term “Project” means the development or other activity described in the “Project Scope of Work”.
g. The term “Project Budget Detail” as used herein defines the approved budget plan.
h. The term “Project Scope of Work” as used herein means the individual scope of work describing in detail the approved tasks.

2. Project Representatives
The project representatives during the term of the agreement will be:

STATE: CAL FIRE GRANTEE: City of Escondido
Section/Unit: SDU Section/Unit: N/A
Attention: Cheyenne Borello Attention: Chief John Tenger Mailing Address:
2249 Jamacha Road
El Cajon, CA 92019
Mailing Address:
1163 North Centre City Parkway
Escondido, CA 92026
Phone Number: (619) 590-3123 Phone Number: (760) 839-5401 Email Address:

[email protected]
Email Address:
[email protected]
Resolution No. 2024-173
Exhibit "A"

245
Item14.

GRANT NUMBER 5GG23236
City of Escondido
Escondido Wildfire Prevention Project
3 Changes to the project representatives during the term of the agreement shall be made in writing. Notice shall be sent to the above representative for all notice provisions of this Agreement.

3. Project Execution
a. Subject to the availability of grant monies, the STATE hereby grants to the GRANTEE a sum of money (GRANT FUNDS) not to exceed the amount stated on Section I. RECITALS, Paragraph 2 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement.
b. GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the Project. Any amendment to the Project as set forth in the Application on file with the STATE must be submitted to the STATE for approval in writing. No amendment is allowed until written approval is given by the STATE.
c. GRANTEE shall complete the Project in accordance with the time of Project performance set forth in this Agreement, unless an amendment has been approved and signed by the STATE under the terms and conditions of this Agreement. Amendments must be requested in advance and will be considered in the event of circumstances beyond the control of the GRANTEE, but no less than 60 days from the Agreement expiration date. The STATE may waive the minimum timeframe for amendments at their discretion. Approval of amendment is at the STATE’s discretion.
d. GRANTEE certifies that the Project Scope of Work complies with all local, State, and federal laws and regulations.
e. GRANTEE shall comply with the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et. seq. Title 14, California Code of Regulations, Section 15000 et. seq.) and all other local, State, and federal environmental laws. A copy of the certified CEQA document must be provided to STATE before any GRANT FUNDS are made available for any Project activity that could directly impact the environment (e.g. cutting, piling or burning bush, masticating, dozer work, etc.). CEQA compliance shall be completed within one (1) year from start date of the Agreement. The start date is considered the latter date of signature by the Grantee Authorized Representative or CAL FIRE Deputy Director. GRANT FUNDS will be made available in advance of CEQA compliance for project activities that do not have the potential to cause a direct environmental impact (e.g. project planning, locating and marking Resolution No. 2024-173
Exhibit "A"

246
Item14.

GRANT NUMBER 5GG23236
City of Escondido
Escondido Wildfire Prevention Project
4 property or project boundaries, contacting and signing up landowners, etc.).
f. GRANTEE shall permit periodic site visits by representative(s) of the STATE to ensure program compliance and that work is in accordance with the approved Project Scope of Work, including a final inspection upon Project completion.
g. GRANTEE, and the agents and employees of GRANTEE, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents, of the STATE. No person who, as an officer, employee, or agent of the STATE participated in the preparation or creation of or determination to award this Grant Agreement shall serve as an agent or employee of GRANTEE including but not limited to those acts prohibited by Government Code Sections 1090, and 87100.

4. Project Costs and Payment Documentation
a. Payment by the STATE shall be made after receipt of an acceptable invoice and approval by a duly authorized representative of the STATE.

GRANTEE shall submit an invoice for payment to the CAL FIRE Project Representative of the STATE. A final invoice shall be submitted no later than 30 days after completion, expiration, or termination of this Agreement.
b. For services satisfactorily rendered, and upon receipt and approval of invoices for payment, the STATE agrees to compensate GRANTEE for actual expenditures incurred in accordance with the rates and activities specified in the Final Project Budget Detail, Application, Scope of Work and Exhibits, and made a part of this Agreement.
c. Equipment purchased using GRANT FUNDS, wholly or in part, must be used by the GRANTEE for the project for which it was acquired. STATE retains a vested interest in the equipment for the useful life of the equipment, even after completion of the grant. GRANTEE shall provide written disposition of the equipment upon completion of the grant and upon any changes to the disposition of the equipment. Such disposition must be approved in advance by STATE. Equipment purchased using GRANT FUNDS cannot be used as collateral, financed, or sold without prior written approval from the STATE. Grantee must provide reporting on equipment disposition no less frequently than biannually to CAL FIRE or upon CAL FIRE’s request after completion of the grant project until notified in writing by the CAL FIRE Wildfire Prevention Grant Program that additional reporting is no longer required.

Resolution No. 2024-173
Exhibit "A"

247
Item14.

GRANT NUMBER 5GG23236
City of Escondido
Escondido Wildfire Prevention Project
5 d. GRANTEE shall submit, in arrears, not more frequently than once a month, and required quarterly, an invoice to the STATE for costs paid by GRANTEE pursuant to this Agreement. In the event no expenses are incurred, GRANTEE shall identify that no costs have been incurred within the respective quarterly progress report in lieu of submitting a zero balance invoice. Each invoice shall contain the following information: the Agreement number, the dates or time period during which the invoiced costs were incurred, signature of an authorized representative of GRANTEE, expenditures for the current invoice and cumulative expenditures to date by major budget category (e.g., salaries, benefits, supplies, etc.), match funds when applicable, and appropriate supporting documentation consistent with the Project Costs section, as detailed in the California Climate Investments Department of Forestry and Fire Protection Wildfire Prevention Grants Program Procedural Guide 2022- 2023.
e. GRANT FUNDS in this Agreement have a limited period in which they must be expended. All GRANTEE expenditures must occur prior to the end of the Project performance period of this Agreement. f. Except as otherwise provided herein, GRANTEE shall expend GRANT FUNDS in the manner described in the Budget approved by the STATE.

The dollar amount of an item in a budget category may be increased or decreased by up to ten percent (10%) of the budget item through reallocation of funds from other budget categories, without approval by the STATE; however, GRANTEE shall notify the STATE in writing when any such reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any increase or decrease of an item of more than ten percent (10%) of the budget category must be approved in writing by the STATE before any such increase or decrease is made. A formal approved amendment is required to increase the total amount of GRANT FUNDS.
g. GRANTEE shall promptly submit any and all records at the time and in the form as the STATE may request.
h. GRANTEE shall submit each invoice for payment electronically using the grants management system identified by CAL FIRE. Hard copy submissions will not be accepted.
i. Notwithstanding any of the provisions stated within this Agreement, the STATE may at its discretion make advance payment from the grant awarded to the GRANTEE if GRANTEE is a nonprofit organization, a local agency, a special district, a private forest landowner or a Native American tribe. Advance payment made by the STATE shall be subject to the following provisions.

Resolution No. 2024-173
Exhibit "A"

248
Item14.

GRANT NUMBER 5GG23236
City of Escondido
Escondido Wildfire Prevention Project
6 • GRANTEE shall submit a written request identifying how funds will be used over a six-month period. The written request must be accompanied by an invoice that contains the same level of detail as a regular invoice.
• GRANTEE shall file an accountability report with STATE four months from the date of receiving the funds and every four months thereafter.
• Multiple advance payments may be made to a GRANTEE over the life of a project.
• No single advance payment shall exceed 25% of the total grant amount. For grants funding equipment, the maximum advance request may be increased up to 50% of the total grant amount or cost of equipment purchase, whichever is less. Advance funds and must be spent on eligible costs within six months of the advance payment receipt.
• GRANTEE may request additional time to spend advance funds but must be approved in writing by the STATE. CAL FIRE will bill for the return of unliquidated advance funds after the approved timeframe..
• All work under a previous advance payment must be fully liquidated via an invoice and supporting documentation and completed to the STATE’s satisfaction before another advance payment will be made.
• Any advance payment received by a GRANTEE and not used for project eligible costs within the time period approved by STATE shall be returned to the STATE. The amount will be returned to the grant balance.
• Advance payments must be deposited into an interest-bearing account. Any interest earned on advance payment funds must be accounted for and used toward offsetting the project cost or returned to the STATE.
j. The GRANTEE shall immediately reimburse or credit, as determined by the STATE, the STATE for any over payment of any invoice, including final invoice, when either party determines an overpayment was made.

5. Budget Contingency Clause
a. If STATE funding for any fiscal year is reduced or deleted for purposes of the Wildfire Prevention Program California Climate Investments Grant Program, the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or if possible and desirable, offer an Agreement amendment to GRANTEE to reflect the reduced amount available for the Project.

Resolution No. 2024-173
Exhibit "A"

249
Item14.

GRANT NUMBER 5GG23236
City of Escondido
Escondido Wildfire Prevention Project
7 6. Project Administration
a. GRANTEE must report to the STATE all sources of other funds for the Project. If this provision is deemed to be violated, the STATE will request an audit of GRANTEE and can delay the disbursement of funds until the matter is resolved.
b. GRANTEE shall promptly submit written Project reports as the STATE may request throughout the term of this Agreement.
c. GRANTEE shall submit a final accomplishment report, final invoice with associated supporting documentation, and copies of materials developed using GRANT FUNDS, including but not limited to plans, educational materials, etc. within 30 days of Project completion.

7. Financial Records
a. GRANTEE shall retain all records described in Section 7(c) below for three (3) years after final payment by the STATE. In the case an audit occurs, all such records shall be retained for one (1) year from the date the audit is completed or the three (3) years, whichever date is later. b. GRANTEE shall maintain satisfactory financial accounts, documents, and records for the Project and make them available to the STATE for review during reasonable times. This includes the right to inspect and make copies of any books, records, or reports of GRANTEE pertaining to this Agreement or matters related thereto.
c. GRANTEE shall keep such records as the STATE shall prescribe, including, but not limited to, records which fully disclose (a) the disposition of the proceeds of state funding assistance, (b) the total cost of the Project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the Project cost supplied by other sources, and (d) any other such records as will facilitate an effective audit. All records shall be made available to the STATE, other State of California agency, or other entity as determined by the State of California for auditing purposes at reasonable times.
d. GRANTEE shall use any generally accepted accounting system.

8. Research
a. GRANTEE that receives funding, in whole or in part, in the form of a research grant shall provide for free public access to any publication of a peer-reviewed manuscript describing STATE funded knowledge, STATE Resolution No. 2024-173
Exhibit "A"

250
Item14.

GRANT NUMBER 5GG23236
City of Escondido
Escondido Wildfire Prevention Project
8 funded invention, or STATE funded technology shall be subject to the following conditions:
i. GRANTEE is responsible for ensuring that any publishing or copyright agreements concerning peer-reviewed manuscripts fully comply with this section
ii. GRANTEE shall report to STATE the final disposition of the peerreviewed manuscript, including, but not limited to, if it was published, date of publication, where it was published, and, when the 12-month time period from official date of publication expires, where the peer-reviewed manuscript will be available for open access.
b. For a peer-reviewed manuscript that is accepted for publication pursuant to the terms and conditions of this Agreement, the GRANTEE shall ensure that an electronic version of the peer-reviewed manuscript is available to STATE and on an appropriate publicly accessible repository approved by the state agency, including, but not limited to, the University of California’s eScholarship Repository at the California Digital Library, the California State University’s ScholarWorks at the Systemwide Digital Library, or PubMed Central, to be made publicly available not later than 12 months after the official date of publication. GRANTEE shall make reasonable efforts to comply with this requirement by ensuring that the peer-reviewed manuscript is accessible on an approved publicly accessible repository, including notifying the state agency that the manuscript is available on a state-agency-approved repository. If the grantee is unable to ensure that his or her manuscript is accessible on an approved, publicly accessible repository, the grantee may comply by providing the manuscript to the state agency not later than 12 months after the official date of publication. c. For publications other than those described in (b), including scientific meeting abstracts, GRANTEE shall comply by providing the manuscript to the STATE not later than 12 months after the official date of publication. d. The grant shall not be construed to authorize use of a peer-reviewed manuscript that would constitute an infringement of copyright under the federal copyright law described in Section 101 of Title 17 of the United States Code and following.
e. Use of GRANT FUNDS for publication costs, including fees charged by a publisher for color and page charges, or fees for digital distribution are allowable costs but must be within the GRANT FUNDS and item 4 of the agreement.

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GRANT NUMBER 5GG23236
City of Escondido
Escondido Wildfire Prevention Project
9 f. GRANTEE may request a waiver to the publication requirement if GRANTEE has an existing publication requirement that meets or exceeds the requirements of the research provision. Waiver shall include information on GRANTEE’s existing requirements. Approval of the waiver is at STATE’s discretion.

9. Project Termination
a. This Agreement may be terminated by the STATE or GRANTEE upon 30- days written notice to the other party.
b. If either party terminates the Agreement prior to the completion of the Project, GRANTEE shall take all reasonable measures to prevent further costs to the STATE under the Agreement and the STATE shall be responsible for any reasonable and non-cancelable obligations incurred by GRANTEE in the performance of this Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.
c. Failure by GRANTEE to comply with the terms of this Agreement may be cause for suspension of all obligations of the STATE hereunder at the discretion of the STATE.
d. Failure of GRANTEE to comply with the terms of this Agreement shall not be cause for the suspension of all obligations of the STATE hereunder if in the judgment of the STATE such failure was due to no fault of GRANTEE.

At the discretion of the STATE, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.
e. Final payment to GRANTEE may not be made until the STATE determines the Project conforms substantially to this Agreement.

10. Hold Harmless
a. GRANTEE shall defend, indemnify and hold the STATE, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of GRANTEE, its officers, agents, or employees. The duty of GRANTEE to indemnify and hold harmless includes the duty to defend as set forth in Civil Code Section 2778. This Agreement supersedes GRANTEE’s right as a public entity to indemnity Resolution No. 2024-173
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GRANT NUMBER 5GG23236
City of Escondido
Escondido Wildfire Prevention Project
10 (see Government Code Section 895.2) and contribution (see Government Code Section 895.6) as set forth in Government Code Section 895.4. b. GRANTEE waives any and all rights to any type of express or implied indemnity or right of contribution from the STATE, its officers, agents, or employees for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement.
c. Nothing in this Agreement is intended to create in the public or in any member of it rights as a third-party beneficiary under this Agreement.

11. Tort Claims
FEDERAL:

The United States shall be liable, to the extent allowed by the Federal Tort Claims Act 28 United States Code 2671-2680, for claims of personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his or her employment, arising out of this Agreement.

STATE:

The State of California shall be liable, to the extent allowed by law and subject to California Government Code, Title 1, Division 3.6, providing for the filing of tort claims against the State of California, for personal injuries or property damage resulting from the negligent or wrongful act or omission of State of California employees while acting within the scope of his or her employment, arising out of this Agreement.

12. Nondiscrimination
The State of California prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, sex, marital status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. GRANTEE shall not discriminate against any person on any of these bases.

13. Conflict of Interest
GRANTEE or anyone acting on behalf of GRANTEE shall not have any conflicting personal and/or financial interests in carrying out the duties of the Agreement.

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GRANT NUMBER 5GG23236
City of Escondido
Escondido Wildfire Prevention Project
11 14. Incorporation
The grant guidelines and the Project Scope of Work, Project Budget Detail and any subsequent amendments or modifications to the Project Scope of Work and Project Budget Detail approved in writing by the STATE are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.

15. Severability
If any provision of this Agreement or the Project Scope of Work thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

16. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.

17. Assignment
This Agreement is not assignable by GRANTEE either in whole or in part.

18. Survival Clause
The obligations of the Parties under Section III General Provisions, Items 4 (c) and (j) of the Project Costs and Payment Documentation and Item 10 Hold Harmless of this Agreement shall survive the termination or expiration of the Agreement.

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GRANT NUMBER 5GG23236
City of Escondido
Escondido Wildfire Prevention Project
1 ADDENDUM – CALIFORNIA CLIMATE INVESTMENTS (CCI) GRANT PROJECTS I. SPECIAL PROVISIONS

1. Grant funds shall be used on projects with the primary goal of reducing greenhouse gases (GHGs) and furthering the purposes of California’s Global Warming Solutions Act of 2006, Division 25.5 (commencing with Section 38500) of the Health and Safety Code, and related statutes.

2. Grant funds shall be used on projects limited to specific activities as described in CCI Grants Procedural Guides.

3. Grantee shall report project and benefits information when requested by the State.

This may include, but is not limited to, funding expended, acres treated, GHG emissions, trees planted, disadvantaged community benefits, energy/water savings, job creation, and other co-benefits.

4. Grantee shall maintain accurate and detailed records documenting project description, project location, and schedule, CCI dollars allocated, and leveraged funds throughout the duration of the project.

5. Failure of Grantee to meet the agreed upon terms of achieving required GHG reduction may result in project termination and recovery of funds.

II. MONITORING AND REPORTING REQUIREMENTS
All funds expended through CCI are subject to emissions reporting and requirements.

Grantee is expected to provide the appropriate materials for completing program quantification methodology. Grantee shall use the current reporting template provided by the STATE. The reporting shall be submitted to the STATE no less frequently than quarterly. In addition, STATE may request additional information in order to meet current CARB reporting requirements. The requirements are available on the CARB CCI Quantification, Benefits and Reporting Materials webpage:
https://ww2.arb.ca.gov/resources/documents/cci-quantification-benefits-and-reportingmaterials.

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GRANT NUMBER 5GG23236
City of Escondido
Escondido Wildfire Prevention Project
2 III. PROGRAM ACKNOWLEDGEMENT/RECOGNITION

1. All projects funded both fully and partially by the GGRF must clearly display, identify and label themselves as being part of the “California Climate Investments” program. The acknowledgement must contain the California Climate Investments and CAL FIRE logos as well as the following statement:
“Funding for this project provided by the California Department of Forestry and Fire Protection’s (CAL FIRE) Wildfire Prevention Grants Program as part of the California Climate Investments Program.”
A draft of the acknowledgement must be approved by the STATE prior to publication.

For stationary projects, acknowledgement may include, but is not limited to, a sign on the project site. For other project types, such as vehicles, equipment, and consumer-based incentives, acknowledgement is encouraged by using a decal, sticker or other signage.

Guidance on California Climate Investments logo usage, signage guidelines, and high-resolution files are contained in a style guide available at:
www.caclimateinvestments.ca.gov/logo-graphics-request.

2. In addition, all projects funded both fully and partially by GGRF must contain the following statement in public announcements or press releases on said projects:
“Escondido Wildfire Prevention Project, is part of California Climate Investments, a statewide program that puts billions of Cap-and-Trade dollars to work reducing GHG emissions, strengthening the economy, and improving public health and the environment– particularly in disadvantaged communities. The Cap-and-Trade program also creates a financial incentive for industries to invest in clean technologies and develop innovative ways to reduce pollution. California Climate Investments projects include affordable housing, renewable energy, public transportation, zero-emission vehicles, environmental restoration, more sustainable agriculture, recycling, and much more. At least 35 percent of these investments are located within and benefiting residents of disadvantaged communities, low-income communities, and low-income households across California. For more information, visit the California Climate Investments website at:
www.caclimateinvestments.ca.gov.”
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23-WP-SDU- 57706088
Application Form :

Profile : [email protected]
Project Information
Project Name/Title : Escondido Wildfire Prevention Project In which county is the majority of your project located? : San Diego County The full Project Tracking Number will be auto-generated within Grants Portal. Please use the format 23-WPUUU and replace your 3-character unit identifier from your selected county above. : 23-WP-SDUAre there additional counties? : No Did you have communication with CAL FIRE about this project? : Yes In which California State Assembly district(s) is your project located? :
76th - San Diego
In which California State Senate district(s) is your project located? :
40th - San Diego
Project End Date : 2030-03-15
Project Description Summary
Please provide a paragraph summarizing proposed project including the location, habitable structures, acres treated, etc. : The Escondido Wildfire Prevention Project will include a large planning element and a smaller public education element. For the wildfire prevention planning activity, the project will update the City of Escondido and Rincon Del Diablo Fire Protection District’s Community Wildfire Protection Plan (CWPP). Originally completed and adopted in 2010, the CWPP provided a comprehensive, scientifically-based analysis of wildfire-related hazards and risks in the Wildland-Urban Interface (WUI) areas served by the City of Escondido Fire Department. The analysis in the CWPP followed the standards for that established at the time by the Healthy Forests Restoration Act (HFRA). The CWPP made recommendations to aid stakeholders in reducing or potentially preventing the threat of wildfire in the study area, addressed structural ignitability risk and mitigation and discussed local firefighting capabilities. However, the CWPP is outdated and needs to be updated. Factors that have changed over the past 12 years include the expansion of development converting wildland to urban and suburban areas, changes to roadways, grass and brush growth, an expanded understanding or the effects of extreme weather conditions and the completion of some projects in the original CWPP. For the Wildfire Prevention Education, the City will increase distribution of its annual mailer covering vegetation clearance and defensible space standards. Currently, the City sends an annual mailer only to its Very High Fire Severity Zone parcels (approximately 2,400 parcels). This project would increase the audience to include all parcels in the High Fire Severity Zones (approximately 20,200 additional parcels) for five years through 2029.
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Award Request Amount
Total Amount of Award Request : $245,939.10
Indirect Cost Rate
Are you requesting an Indirect Cost Rate in excess of 12%? : No Organization Information
Organization Type : Incorporated Cities and Counties
Board Resolution or Attesting Document : 23-WP-SDU-57706088-Draft Council Resolution.pdf Applicant Name/Sponsoring Organization : City of Escondido Project Manager Name : Chief John Tenger
Project Manager Mailing Address : 1163 North Centre City Parkway Project Manager Mailing Address Line 2 :

City : Escondido
State : US-CA
Zip Code : 92026
Project Manager Phone Number : (760) 839-5401
Project Manager Email : [email protected]
Project Activities
For which primary activity is funding being requested? : Wildfire Prevention Planning Wildfire Prevention Planning Document : Community Plans Revised Project Treatment Area
Primary Land Ownership Class : Local Government
Does your project include work on Tribal Lands? : No
Limiting Factors: Check the box if there are any existing forest or land management plans; Conservation Easements; Covenant, Conditions & Restrictions (CC&R’s); matters related to zoning; use restrictions, or other factors that can or will limit the fire prevention proposed activity? :

Timber Harvest Plans (THP): For Hazardous Fuels Reduction projects, If there is a timber harvesting document on any portion of the proposed project area for which a “Notice of Completion” has not been filed with CAL FIRE check the box. :
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California Environmental Quality Act (CEQA) Compliance: Describe how compliance with CEQA will be achieved in the Scope of Work.

Is there an existing CEQA document that addresses this project or can be used to meet CEQA requirements?
Please indicate the CEQA document type (For planning, education and other projects that are exempt from CEQA, select “Not Applicable”) : Not Applicable
Existing Document Identification Number :

Federal Responsibility Area: Does your project include work on Federal Lands that might require a National Environmental Policy Act (NEPA) document, or use a framework similar to Good Neighbor Authority? : No Community Metrics
Fire Risk Reduction Community List (FRRC)
Is the Sponsoring Organization a local agency? ( city, county, or other publicly funded entity serving a city and/or county) : Yes
If yes, please select from the Fire Risk Reduction Community List options : Not on the FRRC list If yes, is the Sponsoring Organization reporting defensible space data to CAL FIRE? :

Community at Risk: Is the project associated with a community that is listed as a Community at Risk? : Yes Number of Risk Communities in the project area : 1
Disadvantaged/Low Income Community: Is the project associated with a disadvantaged/low-income community? : Yes
If Yes, select all that applies: :

Low Income
Project Area Statistics: For all Hazardous Fuels Reduction projects, provide an estimate of the Treatment Influence Zone (TIZ) acres.

Include Local Responsibility Area (LRA), Federal Responsibility Area (FRA) and State Responsibility Area (SRA) as applicable for TIZ.

The Treatment Influence Zones (TIZ) are the treatment areas within a project, where on-the-ground activities are accomplished. There can be multiple treatment areas associated with a project. Wildfire Prevention Planning and Wildfire Prevention Public Education projects will NOT have treatment areas.

Local Responsibility Area (LRA) Treatment acres :

Federal Responsibility Area (FRA) Treatment acres :

State Responsibility Area (SRA) Treatment acres :

Total Treatment Acres : 0
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Fire Hazard Severity Zones (FHSZ)
What Fire Hazard Severity Zones (FHSZ) are in the project area? Fire Hazard Severity Zone ratings are available at: https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-zones (https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-zones).

Copy and paste the link or right-click to open in a new tab. Please provide an approximate number of acres or percentage of the project area in each zone.

Number of Acres in the Very High SRA FHSZ : 900
Number of Acres in the Very High LRA FHSZ : 9,100
Number of Acres in the High SRA FHSZ : 700
Number of Acres in the High LRA FHSZ : 12,600
Number of Acres in the Moderate SRA FHSZ : 100
FHSZ Total Acres : 23400
Document Uploads
Letters of Support :

Letters of Commitment :

In addition to the online project mapping program treatment Geopoint and polygons, include a pdf map(s) of the project with the project application. The maps shall meet the requirements of Appendix G in the Procedural Guide.

PDF Project Map : 23-WP-SDU-57706088-Escondido PDF Project Map.pdf The below required standard forms can be found in the forms section of the solicitation. To get to the Solicitation Link click back to the solicitation, then click on the three lines next to the application and click the solicitation link. The below documents are required at the time of submission.

STD 19 Nondiscrimination Compliance Statement form : 23-WP-SDU-57706088-STD 19.pdf STD 21 A Drug-Free Workplace Certification form : 23-WP-SDU-57706088-STD 21.pdf STD 204 Payee Data Record form : 23-WP-SDU-57706088-STD 204.pdf Miscellaneous Form Upload Field #1 : 23-WP-SDU-57706088-Example Proactive Vegetation Management Information.pdf
Miscellaneous Form Upload Field #2 :

Miscellaneous Form Upload Field #3 :

Miscellaneous Form Upload Field #4 :
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Project Mapping Program
Project Mapping Program: Create a Geopoint and Polygon(s) via the weblink. copy and paste the link or right-click to open in a new tab:https://grant-access-calfire-forestry.hub.arcgis.com (https://grant-access-calfireforestry.hub.arcgis.com) The Online Project Mapping Component is a requirement for a complete application submission.

View Budget Worksheet : https://portal.ecivis.com/#/peerBudget/2EFFF940-CBE8-49E3-B329-279107BC4718 Average Score : 0.00
Application Goals :

View Application Goals : https://portal.ecivis.com/#/peerGoals/FC25EE2A-BB28-4288-BA5F-33F0D08BC7DD # of Reviews : 1
# of Denials : 0
Created by : [email protected]
Record ID # : 57706088
Last change : 2024-05-14T16:09:43+0000
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Escondido Wildfire Prevention Project
Linked Form Profile :

Linked Form Submissions : 23-WP-SDU- 57706088
Scope of Work :

Project Name : Escondido Wildfire Prevention Project
Project Tracking Number : 23-WP-SDU-57706088
Please use the Tracking Number that was automatically assigned by Grants Portal. The format will be 23-WP-UUUXXXXXXXX Project Description
Please provide a comprehensive project description including the location, habitable structures, acres treated, etc. (please note there are no space limitations) : The Escondido Wildfire Prevention Project will include a large planning element and a smaller public education element. For the wildfire prevention planning activity, the project will update the City of Escondido and Rincon Del Diablo Fire Protection District’s Community Wildfire Protection Plan (CWPP). Originally completed and adopted in 2010, the CWPP provided a comprehensive, scientifically-based analysis of wildfire-related hazards and risks in the Wildland-Urban Interface (WUI) areas served by the City of Escondido Fire Department. The analysis in the CWPP followed the standards for that established at the time by the Healthy Forests Restoration Act (HFRA). The CWPP made recommendations to aid stakeholders in reducing or potentially preventing the threat of wildfire in the study area, addressed structural ignitability risk and mitigation and discussed local firefighting capabilities. However, the CWPP is outdated and needs to be updated. Factors that have changed over the past 12 years include the expansion of development converting wildland to urban and suburban areas, changes to roadways, grass and brush growth, an expanded understanding or the effects of extreme weather conditions and the completion of some projects in the original CWPP. The updated plan will be completed in accordance with the process and structure designed by the Fire Safe Council of San Diego County, with focus on two main functions: to identify and prioritize fuel reduction treatments needed in the EFD response area and outline methods for addressing these, and to make recommendations for measures that reduce structural ignitability. For the Wildfire Prevention Education, the City will increase distribution of its annual mailer covering vegetation clearance and defensible space standards. Currently, the City sends an annual mailer only to its Very High Fire Severity Zone parcels (approximately 2,400 parcels). This project would increase the audience to include all parcels in the High Fire Severity Zones (approximately 20,200 additional parcels) for five years through 2029.

Section I :

Primary Activity Type : Wildfire Prevention Planning
Wildfire Prevention Planning

1. Describe the geographic scope of the project, including the communities that will benefit, and an estimate of the number of structures within the project area. : The Wildfire Planning Project will cover the entire City of Escondido and Rincon del Diablo Fire Protection District, which is served by the Escondido Fire Department.

The project area consists of approximately 50 square miles. As of the last CWPP, there were 47,584 housing units:
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approximately 3.12 people per household. There are approximately 153,614 people living within the response area.

The EFD response area is bordered by Deer Springs Fire Protection District, San Marcos Fire Department, Rancho Santa Fe Fire Protection District, City of San Diego Fire Department, CAL FIRE and Valley Center Fire Protection District (which has a contract with CAL FIRE for fire services). The majority of Escondido is considered to be in the Southern California Coast ecoregion, Coastal Terraces subsection. Elevation ranges from 400 feet to 2,100 feet above sea level. Temperatures are fairly moderate, with the average high being 77.5° F and the low being 52.3° F.

Average rainfall is 15.29” per year, with the maximum occurring in February (3.66”) and the minimum in August (0.03”). The EFD has already defined 16 planning units within the study area that are considered “wildland-urban interface,” and an additional unit was added on the west side as a result of the 2011 study. The 2011 communitylevel assessment identified 10 of the 25 communities in the study area to be at a very high or high risk for fire. In addition to these 25 communities, six “areas of special interest” (ASI) have been identified: Bear Valley Power Plant, Daley Ranch (3,201-acre conservation area), Escondido Water Treatment Plant, Lake Dixon, San Diego Zoo Safari Park, and the Hubbard Hill communications towers. Although these areas may not include residences, they contain critical infrastructure, buildings, and/or other structures that necessitate serious attention from a fire mitigation standpoint.

2. Describe how the project will assess the risks to residents, structures and prioritize projects to reduce this risk over time. : CWPP consultants are expected to collect comprehensive data, update the existing CWPP, and develop a revised annual work plan. The data collected will focus on assessing risks to residents and structures, including a wall-to-wall risk assessment of the jurisdiction, property fire risk assessment leveraging fire department proximity data, identifying neighborhood boundaries, and prioritizing projects for structural hardening, defensible space, fuels treatment, and evacuation planning. The associated annual workplan will establish a priority list of projects to reduce these risks, with a focus on increasing the protection of people, structures, and communities.

3. Does the proposed plan add or build upon previous wildfire prevention planning efforts in the general project area? : The proposed plan will update an outdated Community Wildfire Protection Plan completed in 2010.

Updates are expected to include the expansion of development converting wildland to urban and suburban areas, changes to roadways, grass and brush growth, an expanded understanding or the effects of extreme weather conditions and the completion of some projects in the original CWPP. Additionally, the Education side of the project will build upon the City’s existing Wildfire Prevention Education program, which educates the public on making homes and communities more wildfire resilient, including defensible space training. Education efforts will be expanded from 2,365 parcels to 22,564 parcels.

4. Identify a diverse group of key stakeholders, including local, state, and federal officials where appropriate, to collaborate with during the planning process. Discuss how the project proponent plans to engage with these targeted stakeholders. : Broad participation in planning will provide important information to Escondido Fire while increasing the likelihood that planning outcomes reflect the interests and concerns of diverse stakeholder groups. As a result, participation can improve the decisions that our agency and our public officials make and create legitimacy and public buy-in for successful project implementation. Stakeholders involved in the creation of the 2010 CWPP included the Escondido Fire Department, the City of Escondido, San Diego County Fire Protection District, California Chaparral Institute, Lake Hodges Fire Safe Council, San Diego Gas and Electric, California Department of Fish and Game, San Dieguito River Valley Conservancy, and the consultant hired to create the CWPP. For the proposed update, these community and agency partners will determine priority actions and mutually agree on the CWPP final contents as outlined in the HFRA. A sample benefit gleaned from collaboration with Fire Safe Councils is obtaining local knowledge, such as indigenous or anecdotal knowledge that would be beneficial to Escondido Fire. Our regional public utility company, SDG&E, has invested $1.5 billion since 2007 in fire risk mitigation. This includes robust efforts to fire harden the power grid, enhance situational awareness, update operating protocols and build community partnerships to improve the region's overall ability to respond to wildfires.

Their collaboration is imperative to the success of our CWPP. The City of Escondido’s Public Works Department is 8/12/24, 9:15 AM about:blank
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committed to vegetation management within the City boundaries and works closely with Escondido’s Fire officials.

Their commitment to the safety and security of our citizens makes them an invaluable partner in the update of the CWPP.

5. Describe the pathways for community involvement that will be incorporated in the planning process. :

For the CWPP update, the consultant will be expected to collect input from both community members and people in the stakeholder group. This will likely take the form of surveys, virtual input, and/or public meetings/workshops.

Prior to official adoption by the City Council, the CWPP will be presented to the public, with opportunities for community members to provide feedback directly to City Leadership. For the Community Education project, recipients are encouraged to contact the fire department for more information. 60 days after the mailers are sent out, Fire Department staff will conduct visual inspections of the project areas to assess progress and compliance.

Section II :

Degree of Risk

1. Discuss the location of the project in relation to areas of moderate, high, or very high fire hazard severity zone as identified by the latest Fire and Resource Assessment Program maps. : Escondido, CA, has a higher wildfire risk to homes than 99.4% of communities in the nation. (Source: Wildfire Risk to Communities. Scott JH, Gilbertson-Day JW, Moran C, Dillon GK, Short KC, & Vogler KC. (2020). Wildfire Risk to Communities: Spatial datasets of landscape-wide wildfire risk components for the United States. Fort Collins, CO: Forest Service Research Data Archive. Updated 25 November 2020. As reported by the CWDG Data Tool, https://wildfirerisk.org/cwdg-tool/600022804). Additionally, the CALFIRE Fire Hazard Severity Zone Viewer (https://egis.fire.ca.gov/FHSZ/), using data from the State Fire and Resource Assessment Program, shows Escondido almost entirely surrounded by Very High Fire Hazard Severity Zones in Local Responsibility, State Responsibility, and Federal Responsibility Areas.

2. Describe the geographic proximity of the project to structures at risk to damage from wildfire in the WUI. : As a planning and education project, this would impact the risk and safety of every structure within the Escondido Fire Department response area. This area includes approximately 50 square miles of residential, commercial, and industrial structures almost entirely surrounded by Moderate, High, and Very High Fire Hazard Severity Zones. The goal of both the Prevention Planning and Education projects is to reduce the risk of wildfire damage, with special focus on risk to damage from wildfire in the WUI.

Section III :

Community Support

1. Does the project include any matching funds from other funding sources or any in-kind contributions that are expected to extend the impact of the proposed project? : The Escondido Fire Department will continue to fund the “Very High Fire Severity Zone” mailers as budgeted, which currently costs approximately $1,000 annually. The funds requested from Calfire will be applied directly to increasing the reach of the mailer to the approximately 20,200 additional parcels in the “High Fire Severity Zone” areas of the City.

2. Describe plans for external communications during the life of the project to keep the effected community informed about the goals, objectives and progress of the project. Activities such as planned press releases, project signage, community meetings, and field tours are encouraged. : The Department will create a projectrelated webpage on the Fire Department website to keep stakeholders informed on the progress and status of the CWPP planning process and to collect input. All public outreach efforts will include methods to ensure that lowincome communities and Spanish speaking stakeholders can participate in the discussion and development of the CWPP.
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3. Describe any plans to maintain the project after the grant period has ended. : Once the CWPP has been revised, the Department will establish an annual meeting of all stakeholders to review the identified goals and project benchmarks. Furthermore, the Department is committed to establish budgeted funds to review and revise the updated CWPP every five years going forward. This will ensure that the CWPP and the annual work plan are constantly valid, aligned with currently adopted State and Local Building and Fire codes, relevant, and updated on an ongoing basis. Once updated, the CWPP will serve as the guiding document to improve the City’s wildfire preparedness, with identified projects and goals to maintain resilient landscapes, fire adapted communities, and safe, effective risk-based wildfire response. City staff will explore all potential funding sources to complete these implementation projects, including the USFS Community Wildfire Defense Grant, the CALFIRE Wildfire Prevention Grant, and other opportunities from various Federal, State, and private sources.

4. Does the proposed project work with other organizations or agencies to address fire hazard reduction at the landscape level? : The Escondido Fire Department works with a number of stakeholders to address fire hazard reduction throughout the region. These stakeholders include the San Diego County Fire Protection District, California Chaparral Institute, Lake Hodges Fire Safe Council, San Diego Gas and Electric, California Department of Fish and Game, and San Dieguito River Valley Conservancy.

Section IV :

Project Implementation

1. Discuss the anticipated timeline for the project. Make sure to take seasonal restrictions into account. :

For the Planning Portion, within three months of approval for grant funding, EFD will obtain a minimum of three written quotes to secure a contract with a qualified consultant. The consultant will be required to conduct a kick-off meeting with expert stakeholders to review the existing plan, present the process or updating the CWPP, and get feedback on moving forward with the CWPP process. The stakeholders will include the Escondido Fire Department, San Diego County Fire Protection District, California Chaparral Institute, Deer Springs Fire Safe Council, Lake Hodges Fire Safe Council, San Diego Gas and Electric, California Department of Fish and Game, the Bureau of Land Management, business groups, community organizations and representatives from local homeowners’ associations. Once the stakeholder meetings are completed, the consultant will spend an estimated three months to conduct the CWPP hazard, defensibility, and risk assessments, keeping expert stakeholders involved as needed throughout the process. Once the CWPP hazard, defensibility, and risk assessments are completed, an expert stakeholder meeting will be conducted to outline the results of the assessments. The consultant will draft the revised CWPP, validate the draft with all stakeholders and conduct a series of public workshops designed to educate public stakeholders, business and community organizations on the development of the Draft CWPP, outreach activities, results of the final analyses, and introduction of the draft action plan. The second portion of these workshops will be an interactive session where stakeholders can ask questions, voice concerns, and provide input for revisions of the CWPP. This portion of the project is estimated to take about six months, with completion estimated before month 15 after grant approval. The Department will create a project-related webpage on the Fire Department website to keep stakeholders informed on the progress and status of the CWPP planning process and to collect input. All public outreach efforts will include methods to ensure that low-income communities and Spanish speaking stakeholders can participate in the discussion and development of the CWPP. Once the Draft CWPP is complete, the Department will host another series of workshops and start the Initial Study to move forward in identifying the significant impacts as required by CEQA. Finally, the CWPP will be reviewed and adopted by the Escondido City Council and Rincon Del Diablo Fire Protection District Board of Directors. The anticipated maximum timeline for the project is estimated to take approximately 24 months. The Fire Prevention Education Project will send out annual educational materials each April throughout the project period (2025, 2026, 2027, 2028, 2029).

These materials are updated each year to address the most pressing concerns and new information from Code Compliance, and will be tailored to action steps determined through the update of the CWPP. 8/12/24, 9:15 AM about:blank
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2. Verify the expected timeframes to complete the project will fall under the required completion dates depending on the source of the funds awarded. : The CWPP update is expected to be finished within 24 months, well before the deadline of 3/15/2030. The Mailer education project will be sent every April through April 2029. This will give time for compliance assessments to be completed well before the deadline of 3/15/2030.

3. Please list the milestones that will be used to measure the progress of the project. : Planning Project: • Selection of Consultant • Completion of Data Collection • Draft CWPP Complete • Public input complete • Final CWPP Adopted Education Project: • 2025 Design Complete • 2025 Mailers Sent • 2025 Visual Inspections Complete • 2026 Design Complete • 2026 Mailers Sent • 2026 Visual Inspections Complete • 2027 Design Complete • 2027 Mailers Sent • 2027 Visual Inspections Complete • 2028 Design Complete • 2028 Mailers Sent • 2028 Visual Inspections Complete • 2029 Design Complete • 2029 Mailers Sent • 2029 Visual Inspections Complete

4. Please list the measurable outcomes (i.e. project deliverables) that will be used to measure the project’s success. : • Completed and adopted Community Wildfire Prevention Plan • 5-year Action Plan associated with CWPP • Fewer vegetation abatement cases/complaints

5. If applicable, how will the requirements of the California Environmental Quality Act (CEQA) be met? : Not Applicable

6. List any existing forest or land management plans; Conservation Easements; Covenant, Conditions & Restrictions (CC&R’s); matters related to zoning; use restrictions, or other factors that can or will limit the wildfire prevention proposed activity? : Not Applicable Section V :

Administration

1. Describe any previous experience the project proponent has with similar projects. Include a list of recent past projects the proponent has successfully completed if applicable. Project applicant or manager having no previous experience with similar projects should discuss any past experiences that may help show a capacity to successfully complete the project being proposed. This may include partnering with a more experienced organization that can provide project support. : The City completed a CWPP in 2010, which will be the foundation for the current project’s update. Additionally, the City currently administers an educational mailer program, which this project would simply expand. In its experience, most residents will engage in clearing defensible space and reach out to discuss clearing concerns on neighboring properties.

2. Identify who will be responsible for tracking project expenses and maintaining project records in a manner that allows for a full audit trail of any awarded grant funds. : Project expenses will be tracked by the Escondido Fire Department Deputy Fire Marshall and Fire Administrative Services Manager. The City Finance Department will oversee expenses and project records to ensure compliance with best practice accounting principles.

Section VI :

Budget
A detailed project budget should be provided in the online budget included in this solicitation. The space provided here is to allow for a narrative description to further explain the proposed budget.

1. Explain how the grant funds, if awarded, will be spent to support the goals and objectives of the project.

If equipment grant funds are requested, explain how the equipment will be utilized and maintained beyond the life of the grant. : Wildfire Prevention Planning: Consultant professional services contract budget of $150,000 will be used for the consultant to complete data collection, update the existing CWPP and develop a revised annual 8/12/24, 9:15 AM about:blank
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work plan. This cost includes the time and personnel hours the consultant will need to provide community and stakeholder input. Consultant will Provide the items below for $54,000: • Provide a wall-to-wall risk assessment of our jurisdiction • Compile a property fire risk assessment leveraging fire department proximity data • Identify neighborhood boundaries • Structural Hardening Priorities • Defensible Space Priorities • Fuels Treatment Priorities • Evacuation Planning Priorities • Other Mitigation & Preparedness Priorities The CWPP Update Budget is estimated to be $65,000 The Annual Work Plan Budget is estimated to be $16,000 Additional consultant admin/production/travel & expenses are estimated at $15,000 Total Planning Budget: $150,000 Wildfire Prevention Education: The City of Escondido received a vendor quote of $13,585 to cover printing, mail fulfillment, envelope/addressing, and standard mail postage for 20,199 additional 3-page letters printed on 24# text stock (full color), folded/inserted in 24# standard #10 addressed envelopes. City staff have included a 4% annual increase for the additional four years to cover inflation, rising postage costs, and the inclusion of additional parcels in future Fire Hazard Severity Zone maps. The staff time associated with updating the mailer each year with the latest information from code enforcement and fire prevention will be covered by the City of Escondido, leaving the City’s request to Calfire to only cover the costs of increasing the mailer audience to include the additional parcels in the High Fire Hazard Severity Zones. Total Education Budget: $73,581 Indirect Costs: The City of Escondido requests reimbursement of indirect costs up to 10%, which would be up to $22,358. Total Request: $245,939

2. Are the costs for each proposed activity reasonable for the geographic area where they are to be performed? Identify any costs that are higher than usual and explain any special circumstances within the project that makes these increased costs necessary to achieve the goals and objectives of the project. :

Yes, all costs are reasonable.

3. Is the total project cost appropriate for the size, scope, and anticipated benefit of the project? : Yes, the total cost is appropriate for the City-wide impact of the projects.

4. Please list each object category amount that you are requesting and the detail of how that would support meeting the grant objectives. : Contract: $223,581 - $150,000 will support an updated CWPP and Action Plan, which will be used to increase the protection of people, structures, and communities. $73,581 will support distribution of the Educational Mailer, which will be used to increase defensible space around homes in High and Very High Fire Hazard Severity Zones, to make homes and communities more wildfire resilient. Indirect (10%):
$22,358 - will support the general operations of the City of Escondido related to the management, completion, and tracking of this Wildfire Prevention project. **All Wildfire Prevention Grants projects will clearly display, identify, and label themselves as being funded by CAL FIRE. Acknowledgments will contain the CAL FIRE logo as well as the following statement: Funding for this project provided by CAL FIRE’s Wildfire Prevention Grants Program. And will include the California Climate Investments funding boilerplate and logo with the CAL FIRE logo on all outreach and public-facing materials including but not limited to press releases, media advisories, printed collateral, event invitations, signs, and project/program websites additions related to this project.

5. Does your project include the purchase of capital equipment (more than $5,000 per item)? : No Section VII :

California Climate Investments
The space provided here is to allow for a narrative description to further explain how the project/activity will reduce Greenhouse Gas emissions.

1. How will the project/activity reduce Greenhouse Gas emissions? : By reducing or preventing the spread of wildfire, these projects will inherently reduce the Greenhouse Gas Emissions created by the combustion of plants and structures. Additionally, the removal of combustible materials through vegetation abatement and defensible space clearing helps to sequester carbon and reduce Greenhouse Gas emissions. The local waste collection 8/12/24, 9:15 AM about:blank
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company, Escondido Disposal, Inc., collects all organics, including landscape trimmings and yard waste, and processes them into mulch, fertilizer, and renewable energy using an Anaerobic Digestion Facility. This process diverts organic matter from the landfill, further reducing the creation of greenhouse gasses.

Created by : [email protected]
Record ID # : 57706184
Last change : 2024-05-14T15:39:57+0000
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Passthrough Agency: Report Date: 08/12/2024
Program: Requested By: Matthew Anderson
Project Name/Title: [email protected]
Org Name: City of Escondido
Stage: Pre-Award
Budget Items
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share 0 $0.00 $0.00 $0.00 $0.00 $0.00
0 $0.00 $0.00 $0.00 $0.00 $0.00
CWPP Update Contract total for data
collection, community
engagement, and
CWPP update
1 $150,000.00 $150,000.00 $150,000.00 $15,000.00 $0.00
Print/Mail Fulfillment (years 1-
5)
Contract total for
printing, mail fulfillment,
envelope/addressing
and postage for years 1-
5 1 $73,581.00 $73,581.00 $73,581.00 $7,358.10 $0.00
2 $223,581.00 $223,581.00 $223,581.00 $22,358.10 $0.00
0 $0.00 $0.00 $0.00 $0.00 $0.00
0 $0.00 $0.00 $0.00 $0.00 $0.00
0 $0.00 $0.00 $0.00 $0.00 $0.00
0 $0.00 $0.00 $0.00 $0.00 $0.00
To be used by CAL FIRE staff
only
To be used by CAL
FIRE staff only
0 $0.00 $0.00 $0.00 $0.00 $0.00
0 $0.00 $0.00 $0.00 $0.00 $0.00
Other
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share 0 $0.00 $0.00 $0.00 $0.00 $0.00
2 $223,581.00 $223,581.00 $223,581.00 $22,358.10 $0.00
Total with IDC $245,939.10
Indirect Cost Total
Other
Other Total
Grant Total
Equipment
Equipment Total
Other Costs
Other Costs Total
Indirect Cost
Contractual Total
Travel & Per Diem
Travel & Per Diem Total
Supplies
Supplies Total
Salaries & Wages
Salaries & Wages Total
Employee Benefits
Employee Benefits Total
Contractual
Budget Report
California Department of Forestry and Fire Protection (CAL FIRE) FY 2023-2024 Wildfire Prevention Grants
Escondido Wildfire Prevention Project
Resolution No. 2024-173
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Resolution No. 2024-173
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STAFF REPORT
November 20, 2024
File Number 0480-49

SUBJECT

RESIDENTIAL AND COMMERCIAL SOLID WASTE RATE INCREASE

DEPARTMENT
Utilities Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-143, approving the annual residential and commercial solid waste and recycling rate adjustments pursuant to the terms of the City of Escondido’s (“City’s”) adopted Solid Waste and Recycling Franchise Agreement with Escondido Disposal, Inc. (“EDI”) Upon approval by the City Council, the proposed rate adjustments will become effective January 1, 2025.

Staff Recommendation: Approval (Utilities: Angela Morrow, Director of Utilities) Presenter: Angela Morrow, Director of Utilities
ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Recycling and Waste Management
COUNCIL PRIORITY –Improve Public Safety and Increase Retention and Attraction of People and Businesses to Escondido

FISCAL ANALYSIS
The Franchise Agreement allows for annual percentage increases in EDI’s fees for service up to the annual percentage increase in the San Diego Consumer Price Index (“CPI”). The San Diego CPI for all urban consumers increased by 3.4788 percent from the first half of 2023 to the first half of 2024 (from 358.515 to 370.987). Pending City Council approval of the proposed rate increase, solid waste, and recycling rates will increase by the same percentage. Future annual CIP adjustments can be made on January 1 each year, through 2029.

The City collects a franchise fee from EDI for the exclusive right to collect and process commercial and residential solid waste, recyclables, and green waste. Escondido’s current franchise fee is 13 percent of EDI’s gross revenues, which totaled approximately $3,596,490 in fiscal year 2023 General Fund revenues.

With this council approval, the Franchise Fee paid to the City by EDI will increase up to 0.5 percent, from 13 percent to 13.5 percent. The result will be increased revenue for the city from franchise fees and increased revenue associated with the adjusted CPI rates. The City would, therefore, collect an additional 272
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$0.31 per month per customer in Franchise Fees for essential residential services. For basic commercial services, the Franchise Fee will increase by $1.41 per monthly customer.

The above-described Franchise Fees are revenue for the City’s General Fund. Increases in base rates for residential and commercial services will be detailed in the Background section of this report. These base rates are distinct from the Franchise Fee and are retained by EDI. The complete list of recommended increases is provided in Exhibit “A”.

PREVIOUS ACTION
On June 19, 2019, the City Council adopted Resolution No. 2019-142, authorizing a Franchise Agreement (“Agreement”) between the City, Escondido Disposal, Inc., and Escondido Resource Recovery, divisions of EDCO Refuse Services, Inc. The Agreement specified rates to be charged for solid waste and recycling services, established initial maximum rates paid by the ratepayers, and authorized the contractor to increase rates annually by a percentage equal to the previous year’s CPI increase. The Agreement established that the City Council must adopt, by resolution, the proposed annual increases submitted by EDI for these rates to take effect.

On November 20, 2019, the City Council conducted a Proposition 218 Hearing and adopted Resolution No. 2019-142, approving Franchise Fee increases through 2024, and including approval of a 2.7824 percent increase for residential and commercial collection services, effective January 1, 2020.

On October 28, 2020, the City Council adopted Resolution No. 2020-130, approving a 1.3057 percent increase for residential and commercial collection services, effective January 1, 2021.

On November 3, 2021, the City Council adopted Resolution No. 2021-158, approving a 4.0524 percent increase for residential and commercial collection services, effective January 1, 2022.

On November 16, 2022, the City Council adopted Resolution No. 2022-158, approving an 8.1468 percent increase for residential and commercial collection services, effective January 1, 2023.

On November 15, 2023, the City Council adopted Resolution No. 2023-136, approving a 5.4810 percent increase for residential and commercial collection services, effective January 1, 2024.

The rate increases in the table below were requested by EDI and approved by the City Council for basic residential and commercial collection services over the last five years:
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Date Residential
Increase
Commercial
Increase
January 2019 2.62% 1.46%
January 2020 2.7824% 2.7824%
January 2021 1.3057% 1.3057%
January 2022 4.0524% 4.0524%
January 2023 8.1468% 8.1468%
January 2024 5.4810% 5.4810%
Proposed January 2025 3.4788% 3.4788%

BACKGROUND
On September 4, 2024, the City received notice from Escondido Disposal, Inc., requesting an increase in the solid waste and recycling rates in accordance with Section 13.2(A) of the City of Escondido Waste and Recycling Franchise Agreement.

The proposed rate increases are set by the 3.4788 percent change in the CPI between the first half of 2023 and the first half of 2024. Pending approval of the rate increases by the City Council, residential and commercial rate increase notices will be mailed to customers in November 2024. Under the proposed CPI rate increase for residential accounts, the total monthly rate for curbside trash and recycling collection will increase by $1.19 per month, from $30.33 to $31.52. The same change in CPI will increase current commercial rates. A typical commercial rate for a three-yard container serviced once a week will increase by $5.46 per month from $135.95 to $141.41. The proposed 3.48 percent increase would become effective January 1, 2025, and will apply to all residential and commercial collection rates and services as presented in Exhibit “A” to Resolution No. 2024-143.

Household Hazardous Waste (“HHW”) fees and AB 939 fees were established in 1994. AB 939 is an Assembly bill enacted into law that authorizes the collection of fees to fund recycling and waste reduction programs required by the California Integrated Waste Management Act of 1989. HHW fees were last increased on January 1, 2006, from $0.35 to $0.52 per month. AB939 fees were last increased on January 1, 2019, from $0.52 per month to $0.63 per month. No increases in either AB 939 or HHW fees are being requested at this time, so the HHW fee will remain at $0.52 per month, and the AB 939 fee will remain at $0.63 per month.

If the City Council adopts the proposed increases, the residential total monthly base rate for solid waste organics and recycling services and the commercial total monthly rate (using a three-yard permanent bin collected once per week as an example) will increase according to the following tables. These tables are for illustrated purposes; the complete list of recommended increases is provided in Exhibit “A”. 274
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Basic Residential Rates
Basic Residential Rate Current Proposed Increase Effective 1/1/2025
Base $25.39 $0.88 $26.27
Franchise Fee $3.79 $0.31 $4.10
AB939 $0.63 No Increase $0.63
HHW $0.52 No Increase $0.52
Total $30.33 $1.19 Total Increase $31.52
Typical Commercial Rate
Basic Commercial Rate Current Proposed Increase Effective 1/1/2025
3-yard bin, once/week $116.33 $4.05 $120.38
Franchise Fee $17.38 $1.41 $18.79
AB939 $1.72 No Increase $1.72
HHW $0.52 No Increase $0.52
Total $135.95 $5.46 Total Increase $141.41
The proposed increases to the rates and fees charged by EDI would become effective January 1, 2025, and apply to all commercial and residential collection rates. The complete tables of the new proposed rates are shown in Exhibit “A” to Resolution No. 2024-143.

RESOLUTIONS
a) Resolution No. 2024-143
b) Resolution No. 2024-143 – Exhibit “A” – Solid Waste & Recycling Service Fees for CY 2025 275
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RESOLUTION NO. 2024-143

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING A RATE INCREASE

PURSUANT TO THE CITY OF ESCONDIDO WASTE AND

RECYCLING FRANCHISE AGREEMENT WITH EDCO REFUSE
SERVICES, INC.

WHEREAS, in June 2019 the City of Escondido (“City”) approved a Waste and Recycling Franchise Agreement (“Agreement”) with Escondido Resource Recovery and Escondido Disposal, Inc., Divisions of EDCO Refuse Services, Inc. (“EDI”) to provide residential, commercial, and industrial trash and recycling collection services; and
WHEREAS, Section 13 of the Agreement allows for an annual increase in the base rates by an amount not to exceed the percentage increase in the Consumer Price Index (“CPI”) for the previous year; and
WHEREAS, such base rate increases will be considered by the City Council upon receipt of written notice of the proposed increase, with notice coming no later than 60 days prior to the effective date of the proposed increase; and
WHEREAS, EDI requested an increase in the residential and commercial rates and fees to be effective January 1, 2025, and this request was made in writing on September 4, 2024; and WHEREAS, revised residential and commercial rates and fees were last approved on November 15, 2023, with a January 1, 2024 effective date; and
WHEREAS, the rates are being increased pursuant to the Agreement and in compliance with the notice and majority protest requirements of Proposition 218 (California Constitution, Article XIII D, Section 6); and
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WHEREAS, a Public Notice was mailed to customers of record on October 3, 2024, which provided the 45 day notice of hearing for residential and commercial rates and fees; and WHEREAS, the City has conducted, in compliance with Proposition 218, a public hearing to consider the proposed rate and fee increases on November 20, 2024; and WHEREAS, California Government Code section 53756 permits the adoption of a schedule of fees authorizing automatic adjustments for a period not to exceed five years; and WHEREAS, the proposed revised residential and commercial rates and fees, to be effective January 1, 2025, and the calculation of the increased percentage in the Consumer Price Index is attached as Exhibit “A”; and
WHEREAS, notice of the residential and commercial rates revised for the allowed annual CPI increase are being mailed to all affected customers in Escondido in November 2024; and WHEREAS, the Director of Utilities recommends approval of the proposed increase in Solid Waste Disposal and Recycling rates and fees for residential and commercial accounts, effective January 1, 2025.

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. The Residential and Commercial Solid Waste Disposal Organics and Recycling Rates set forth in Exhibit “A” of the Agreement attached to this Resolution and incorporated by this reference, will supersede all prior rates and fees for services as set forth in Exhibit “A.”

3. The Residential and Commercial Solid Waste Disposal Organics and Recycling Rates set forth in Exhibit “A” will be effective for all changes on or after January 1, 2025, unless otherwise specified in writing.
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STAFF REPORT
November 20, 2024
File Number 0830-20

SUBJECT
SPECIFIC PLAN AMENDMENT, CONDITIONAL USE PERMIT, AND DESIGN REVIEW PERMIT- PL23-0296, PL23-0297 AND PL24-0217 – CHICK-FIL-A DRIVE THROUGH ESTABLISHMENT

DEPARTMENT
Development Services Department, Planning Division

RECOMMENDATION
Request the City Council adopt Resolution No. 2024-160 for approval of a Specific Plan Amendment to the South Centre City Specific Plan to allow for “eating establishments with a drive-through” as a conditionally permitted use within the 13th Avenue Corners District, specifically on the subject site; a Conditional Use Permit to the permit the proposed drive-through use; and a Design Review Permit for construction of the drive-through facility. The project would demolish an existing 9,558 square-foot restaurant building. The new drive-through restaurant consists of a 3,124-gross square-foot, one-story building, with an outdoor dining area of approximately 1,026 square feet (48 outdoor seats). The Project also includes adoption of a Mitigated Negative Declaration prepared for the Project.

Staff Recommendation: Approval (Development Services Department: Christopher McKinney, Deputy City Manager/Interim Director of Development Services)
Presenter: Veronica Morones, City Planner / Greg Mattson, AICP, Contract Planner ESSENTIAL SERVICE – Yes, Land Use/Development Services
COUNCIL PRIORITY - Increase Retention and Attraction of People and Businesses to Escondido

FISCAL ANALYSIS
The applicant would be responsible for payment all applicable Development Impact Fees.

BACKGROUND
4G Development & Consulting (“Applicant”), representing Chick-Fil-A, submitted a request for a Specific Plan Amendment (“SPA”) to amend the South Centre City Specific Plan to permit “eating establishments with a drive-through” within the 13th Avenue Corners District subject to a Conditional Use Permit. The SPA would also revise language within the Chapter 3 of the Specific Plan document for consistency purposes which pertains to district specific development standards (see Attachment “1” – strikethrough/underline of the SPA). The request also includes a Conditional Use Permit and Design Review Permit for the proposed 287
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use, as permitted by the SPA, and for the construction of the facilities in conformance with Article 64 (Design Review) of the Escondido Zoning Code (“Project”).

The Project site is located at the southwest corner of W. 13th Avenue and S. Pine Street, and is addressed as 515 W 13th Avenue.

ANALYSIS
The proposed Project consists of four components. The first component is a Specific Plan Amendment modifying the South Centre City Specific Plan to allow eating establishments with a drive through via the Conditional Use Permit process within the 13th Avenue Corners District which currently prohibits this type of use. The second component is a Conditional Use Permit (“CUP”) to permit the proposed drive through use. The third component is a Design Review Permit to allow the construction of the 3, 124 square foot Chick-Fil-A restaurant, 1,026 square foot open-air outdoor dining area, and associated site improvements with drive through operations. The final component is an Initial Study/Mitigated Negative Declaration (IS/MND) checklist for the review and analyze the Project characteristics with the intent of identifying any potential impacts to the environment.

A complete analysis of the Project may be found within the attached Planning Commission staff report, dated October 08, 2024 (see Attachment “2” – Planning Commission staff report).

PREVIOUS ACTION
On October 08, 2024, the Planning Commission held a duly noticed Public Hearing for the Project. The Planning Commission voted 5 – 1 – 1 recommending approval of the Project to the City Council. Planning Commission received no public comments for the Project.

The Planning Commission adopted Resolution No. 2024-19, recommending the City Council approve the Project as proposed, and conditioned.

ENVIRONMENTAL ANALYSIS
The California Environmental Quality Act (“CEQA”) applies to proposed projects initiated by, funded by, or requiring discretionary approvals from state or local government agencies. CEQA Guidelines Section 15367 states that a lead agency, in this case the City of Escondido, is the agency that has the principal responsibility for carrying out or approving a project and is responsible for compliance with CEQA. As lead agency, the City must complete an environmental review to determine if implementation of the Project would result in significant adverse environmental impacts. In compliance with CEQA, an Initial Study (“IS”) has been prepared to assist in making that determination. Based on the nature and scope of the Project and the evaluation contained in the IS environmental checklist, the City has concluded that a Mitigated Negative Declaration (“MND”) is the appropriate level of analysis for the Project. 288
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As provided in CEQA Statute Section 21064.5, and stated in CEQA Guidelines section 15070, an MND can be prepared when “(a) the initial study shows that there is not substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment, or (b) the initial study identifies potentially significant effects, but (1) revisions in the project plans or proposals made by, or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and (2) there is no substantial evidence, in light of the whole record before the agency, that the project as revised may have a significant effect on the environment.” The MND prepared for the Project identified potentially significant impacts in the areas of Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, and Transportation.

However, through incorporation of mitigation measures, the impacts can be reduced to a less-thansignificant level.

A Draft Initial Study/Mitigated Negative Declaration (“IS/MND”) was prepared for the proposed Project and identified any potentially significant impacts associated with the Project, such as impacts to Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, and Transportation. The Draft IS/MND was circulated for public review for 30 days (August 16, 2024 - September 16, 2024), and the City received no comments during the public review period. Mitigation measures have been identified that would reduce all potential impacts to a less-than-significant level.

Therefore, preparation of an Environmental Impact Report is not required and an IS/MND is the appropriate level of environmental review. The Final IS/MND and Mitigation Monitoring and Reporting Program has been included as Exhibit “C” of Resolution No. 2024-160, and is attached to the staff report as Attachment “3”. There is a staff administrative correction to the Conditions of Approval related to Item 12a., there is “no” exemption being applied to this project. The applicant has prepared a Mitigated Negative Declaration for the proposed Project, as described above.

City staff will file a Notice of Determination (see Attachment “4”) with the County Clerk.

CONCLUSION AND RECOMMENDATION
The Project includes the redevelopment of a vacant building, and would permit a new land use that is consistent with the goals and policies of the South Centre City Specific Plan, and the City’s 2012 General Plan. The Specific Plan Amendment would permit eating establishments with a drive-through via a Conditional Use Permit, allowing for the City to exercise discretionary review of applications for any future proposed uses. Furthermore, the subject site is appropriate for a drive-through use as the site is an existing closed restaurant with existing adequate access, and utility services on-site. The Project complies with the standards as required by the Specific Plan. An environmental review analyzed any potential impacts under the CEQA guidelines, and any identified impacts may be considered less than significant with mitigation incorporated. The proposed building meets all of the development standards for the subject zone as required by the SCCSP.
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Based on the analysis contained in this staff report, and the Planning Commission staff report, dated October 08, 2024, Planning staff recommends that the City Council adopt Resolution No. 2024-160, approving the Project as proposed.

RESOLUTIONS
a) Resolution No. 2024-160
b) Resolution No. 2024-160 – Exhibit “A”— Legal Description c) Resolution No. 2024-160—Exhibit “B”— Appendix A
d) Resolution No. 2024-160—Exhibit “C”— Final Initial Study/Mitigated Negative Declaration e) Resolution No. 2024-160—Exhibit “D”— Mitigation Monitoring and Reporting Program f) Resolution No. 2024-160—Exhibit “E”—Plans
g) Resolution No. 2024-160—Exhibit “F”— Findings of Fact h) Resolution No. 2024-160—Exhibit “G”— Conditions of Approval

ATTACHMENTS
a) Attachment “1”— South Centre City Specific Plan Strikethrough/Underline b) Attachment “2”— Planning Commission Staff Report, dated October 8, 2024 c) Attachment “3”—Final Initial Study/Mitigated Negative Declaration d) Attachment “4”— Notice of Determination
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RESOLUTION NO. 2024-160

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, APPROVING A SPECIFIC PLAN

AMENDMENT, CONDITIONAL USE PERMIT, DESIGN
REVIEW PERMIT FOR A DRIVE-THROUGH ESTABLISHMENT;

AND ADOPTING A MITIGATED NEGATIVE DECLARATION

PREPARED FOR THE PROJECT
WHEREAS, Chick-Fil-A, Inc. (“Applicant”), filed a land use development application, Planning Case Nos. PL23-0296, PL23-0297, and PL24-0217 (“Application”), constituting a request for a Specific Plan Amendment to amend the South Centre City Specific Plan (“SCCSP”) to allow drive-through uses on the subject site; a Conditional Use Permit for a drive-through restaurant use; and, a Design Review Permit for the construction of a 3,124 square-foot, single-story dual-lane drive through restaurant use (“Project”) on a 1.4 gross acre site located at 515 West 13th Avenue (APNs 236-161-06 and 236-161-07), within the General Plan land use designation of Specific Plan Area 15 (“SPA 15”) and in the Specific Plan (“S-P”) zoning district; and
WHEREAS, the subject property is all that real property described in Exhibit "A" which is attached hereto and made a part hereof by this reference as though fully set forth herein (“Property”); and
WHEREAS, the Application was submitted to, and processed by, the Planning Division of the Development Services Department in accordance with the rules and regulations of the Escondido Municipal and Zoning Codes and the applicable procedures and time limits specified by the Permit Streamlining Act (Government Code section 65920 et seq.) and the California Environmental Quality Act (Public Resources Code section 21000 et seq.) (“CEQA”); and 291
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WHEREAS, a Specific Plan Amendment is permitted by the SCCSP and Article 61 (Administration and Enforcement) of the Escondido Zoning Code; and
WHEREAS, the Applicant seeks to amend the SCCSP to allow for auto-oriented uses within the 13th Avenue Corners District, subject to a Conditional Use Permit (“CUP”), revise text within Chapters 3 and 5 of the SCCSP, specifically for consistency regarding the Specific Plan’s setting, the District Specific Development Standards, and Design Guidelines (Section 3.7.1, 5.3.3.1, and 3.7.4.1, respectively), and to revise the definition for “eating establishments, all types” of Appendix A, all as shown in Exhibit “B”; and WHEREAS approval of the Specific Plan Amendment would allow for textual modifications and clarifications to this conditionally permitted use; and WHEREAS, the Applicant submitted a Conditional Use Permit application to construct a dual-lane drive-through use on the subject; and
WHEREAS, a Design Review Permit is required for the Project as outlined in Article 64 (Design Review) of the Escondido Zoning Code; and
WHEREAS, the Project includes architecture and site design that meets or exceeds the standards for design of new construction within the City; and
WHEREAS, pursuant to CEQA and the CEQA Guidelines (Title 14 of California Code of Regulations, Section 15000 et. seq.), the city is the Lead Agency for the Project, as the public agency with principal responsibility for approving the proposed Project; and WHEREAS, a Draft Initial Study and Mitigated Negative Declaration (IS/MND) was prepared, circulated, and notice made of its availability for public review and comment during the period from August 16, 2024, to September 16, 2024, and no public comments were received and no corrections/additions to the Draft IS/MND were necessary; and 292
Item16.

WHEREAS, Final IS/MND is attached as Exhibit “C” and incorporated herein by this reference, was subsequently prepared, which is comprised of any and all public comment letters received during the public review period, response to comments, corrections/additions to the Draft IS/MND, and revisions and additions to the appendices or other referenced documents; and WHEREAS, in addition to the Final IS/MND, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the Project, attached as Exhibit “D” and incorporated herein by this reference, to ensure compliance with the required mitigation measures or project revisions during project implementation; and
WHEREAS, the Planning Division studied the Application, performed necessary investigations, prepared a written report, and hereby recommends approval of the Project as depicted on the plans shown in Exhibit “E”, and a made a part hereof by this reference as though fully set forth herein; and WHEREAS, the Planning Commission of the City of Escondido held a duly noticed public hearing on October 8, 2024, as prescribed by law, at which time the Planning Commission received and considered the reports and recommendation of the Planning Division and gave all interested persons were given the opportunity to appear and present their views with respect to the Application. Evidence was submitted to and considered by the Planning Commission, including written and oral testimony from City staff, interested parties, and the public. Following the public hearing, the Planning Commission adopted Resolution No. 2024-19, which recommended that the City Council approve the Project; and WHEREAS, the City Council held a duly noticed public hearing on November 20, 2024, as prescribed by law, at which time the City Council received and considered the staff report, dated November 20, 2024 with attachments, and recommendation of the Planning Division and Planning 293
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Commission, and gave all person’s full opportunity to be heard and to present evidence and testimony regarding the Project. Evidence was submitted to and considered by the City Council, including, without limitation:
a. Written information including plans, studies, written and graphical information, and other material, submitted by the Applicant; and
b. Oral testimony from City staff, interested parties, and the public; and c. The City Council staff report, dated November 20, 2024, with its attachments as well as City staff’s recommendation on the Project, which is incorporated herein as though fully set forth herein; and
d. The Planning Commission’s recommendation; and
e. Additional information submitted during the public hearing; and WHEREAS, the City Clerk, whose office is located at 201 North Broadway, Escondido CA 92025, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council’s decision is based, which documents and material shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act.

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 has reviewed and considered the Final IS/MND prepared for the Project in conformance with CEQA, and Article 47 (Environmental Quality), the staff report dated November 294
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20, 2024, and testimony given at the public hearing, and makes the environmental determinations included within the Finding of Fact attached as Exhibit “F”, hereto and incorporated by this reference. The Final IS/MND adequately addresses all environmental issues associated with the Project, and the Project would not result in any significant impacts to the environment. Approval of this resolution includes the adoption of the Final IS/MND prepared for the Project.

3. That the MMRP identifies mitigation measures necessary to reduce all impacts to a lessthan-significant level, and assigns on-going responsibility for carrying out mitigation responsibilities which are appropriate to address and mitigate project-related impacts.

4. That the Findings of Fact, attached as Exhibit “F” hereto and incorporated by this reference, were made by the City Council, and upon their consideration along with the staff reports, public testimony presented at the hearing, and all other oral and written evidence on this Project, the City Council approves the Project, subject to the Conditions of Approval set forth in Exhibit “G” hereto and incorporated by this reference. The City Council expressly declares that it would not have made this decision except upon and subject to each and all of said conditions, each and all of which shall run with the land and be binding upon the Applicant, the owner, and all subsequent owners of the Property, and all persons who use the Property for the uses permitted hereby.

5. The City Council, therefore, directs that a Notice of Determination be filed with the County Clerk of the County of San Diego in accordance with the CEQA Guidelines.

6. The development plans for the Project are on file in the Planning Division of the Development Services Department and are available for inspection by anyone interested herein, and the development plans are incorporated herein by this reference as if they were fully set forth herein. The Project is conditionally approved as set forth on the Application and Project drawings, and which shall not 295
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be altered without the express authorization by the Planning Division. Any deviations from the approved development plans shall be reviewed by the City for substantial compliance and may require amendment by the appropriate hearing body.

7. That concurrently with this Resolution, the City Council is taking a number of actions in furtherance of the Project, as generally described by the November 20, 2024, City Council staff report. No single component of the series of actions made in connection with the Project shall be effective unless and until it is approved by an Ordinance or Resolution and is procedurally effective in the manner provided by state law. Therefore, this Resolution shall become effective and operative on the day immediately subsequent to the date that Resolution No. 2024-160 becomes effective.

BE IT FURTHER RESOLVED that, pursuant to Government Code Section 66020(d)(1):

1. NOTICE IS HEREBY GIVEN that the Project is subject to dedications, reservations, and exactions, as specified in the Conditions of Approval. The Project is subject to certain fees described in the City of Escondido’s Development Fee Inventory on file in the Development Services Departments. The Applicant shall be required to pay all development fees of the City then in effect at the time and in such amounts as may prevail when building permits are issued. It is the City’s intent that the costs representing future development’s share of public facilities and capital improvements be imposed to ensure that new development pays the capital costs associated with growth. The Applicant is advised to review the Planned Fee Updates portion of the web page, www.escondido.gov, and regularly monitor and/or review fee-related information to plan for the costs associated with undertaking the Project.

2. NOTICE IS FURTHER GIVEN that the 90-day period during which to protest the imposition of any fee, dedication, reservation, or other exaction described in this Resolution begins on the effective date 296
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of this Resolution, and any such protest must be in a manner that complies with Government Code section 66020.
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Legal Description
Real property in the City of Escondido, County of San Diego, State of California, described as follows:

LOTS 9 AND 10 IN BLOCK 220 OF ESCONDIDO, IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 336, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 10, 1886. EXCEPTING FROM SAID LOT 9

THAT PORTION THEREOF GRANTED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES IN DEED RECORDED MARCH 11, 1948, IN BOOK 2708, PAGE 47 OF OFFICIAL RECORDS.

EXCEPTING ALSO THE INTEREST CONVEYED TO THE CITY OF ESCONDIDO BY DEED RECORDED JANUARY 7, 1976 AS FILE NO. 76-004339 OF OFFICIAL RECORDS.

APN: 236-161-07-00 (Affects Lot 9)
236-161-06-00 (Affects Lot 10)
Resolution No. 2024-160
Exhibit "A"