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Funding for the federal CDBG Program is authorized under Title I of the Housing and Community Development Act. The United States Department of Housing and Urban Development (“HUD”) provides grants on a formula basis to entitled cities and counties, including the City of Escondido, to develop viable urban communities through the provision of decent housing, a suitable living environment, and by expanding economic opportunities for lower income persons.
The primary purpose of the CDBG Program is to support activities that enhance the overall qualit y of life in entitlement cities by focusing on three core objectives: community development, affordable housing, and economic opportunities that benefit low - and moderate -income individuals and neighborhoods.
By submitting a proposal in response to this R FP, prospective subrecipients certify that they take no exceptions to the terms and requirements of this RFP, including the terms of the City’s form Subrecipient Agreement, which is attached hereto as Exhibit 1 and incorporated by this reference.
All proposed CDBG-funded activities must meet at least one National Objective AND at least one Local Priority:
National Objectives
1) Benefit a majority of low and moderate -income (“LMI”) households or area. The LMI national objective is often referred to as the “primary” national objective because the statute requires that recipients expend 70-percent of their CDBG funds to meet the LMI national objective.
LMI is defined as those persons and households who earn at or below 80 -percent of the Area Median Income (“AMI”) adjusted for family size for the San Diego Metropolitan Service Area (“MSA”) as defined in Section 102 of the Housing and Community Development Act of 1974. A table with the HUD income limits is included as Exhibit 2. The Income limits are adjusted annually by HUD. Documentation of benefit to LMI persons is required for all CDBG -funded projects; or
2) Meet a community need having a particular urgency because existing conditions pose a serious and immediate threat to the health and/or welfare of the community and no other financial resources are available to meet the need; or
3) Aid in the prevention or elimination of conditions of slum and blight.
AND
Proposed FY 2025-2029 Local Priorities
1) Support the development a nd preservation of affordable rental and homeownership opportunities.
2) Expand access to supportive services to prevent and reduce homelessness, promote housing stability, and foster long-term solutions.
3) Promote safe and healthy communities by improving public facilities, upgrading infrastructure, and supporting neighborhood revitalization efforts.
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4) Deliver essential public services to vulnerable populations, including youth, families, and seniors with low to moderate incomes and individuals with special needs.
C. Funding Source
HUD has not announced the City’s CDBG funding allocation for FY 2025-26, but we anticipate receiving $1,378,005, the same allocation as last fiscal year. The funding is determined by a formula calculated by HUD based on population, people in poverty, overcrowded units, population growth lag since 1960, and pre-1940 housing units from the American Community Survey (“ACS”). The City’s allocation can fluctuate year-to-year causing funding to increase or decrease in various programs.
The CDBG grant program has strict guidelines on expenditures for public services, administration and capital improvements. The maximum allocation for public services dollars is 15% of the total allocation, 20% of the CDBG budget is reserved for administration and mandatory fair housing requirements; and the remainder will be available for public facilities and infrastructure projects.
It is important to note that CDBG funds received by a selected subrecipient for public services must be expended no later than June 30, 2026. CIPs awarded by the City to selected subrecipients are not subject to a cap and are not limited to the program year grant cycle. The duration of CIPs can extend beyond the CDBG program grant year . Subrecipients who receive funds for CIPs must be demonstrate project readiness, have site control, a well-developed plan, and be committed to quickly and responsibility execute their projects.
D. Program Description
The CDBG Program is guided by a 5-Year Consolidated Plan. This Plan will be approved by City Council on May 7, 2025, and outlines the City’s goals and funding priorities for Community Development Block Grant (CDBG), HOME Investment Partnerships Program ( HOME), and Emergency Solutions Grants (ESG) through June 30, 202 6. Extensive public outreach and consultation, needs assessments, and market analyses on local data were conducted to determine the most critical community needs and strategic goals within the City of Escondido.
E. Eligibility
1) APPLICANT ELIGIBILITY – Prospective applicants must meet the following definition of subrecipient:
A “subrecipient” may be a public agency, a public or private nonprofit organization, a Community-Based Development Organization ( “CBDO”) if designated as a subrecipient, or a for -profit entity authorized under 24 CFR 570.201(o) that the grantee awards CDBG funds to carry out agreed -upon activities on its behalf (see 24 CFR 570.500(c)). Non-profit organizations must be granted non -profit status under the internal Revenue Code (Section 501(c)(3), (c)(4) or (c)(5)), and must be incorporated for at least one year by the application submittal date.
Faith-based organizations cannot use CDBG funds to support worsh ip, religious instruction or proselytization. Religious activities must be offered separately from the CDBG supported activity. Faith- based organizations that participate in the CDBG program will retain independence from federal, state, and local governments and may carry outs its mission provided CDBG funds are not used to support religious activities. Faith -based organizations that participate in the CDBG program shall not discriminate against a program beneficiary on the basis of religion or religious belief. 339
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NOTE: The City of Escondido does not directly fund individuals through this program.
2) PROJECT ELIGIBILITY
In order to qualify for CDBG funding, federal regulations require that all programs and projects must:
a. Meet at least one of the three National Objectives described in Section B, above; b. Address one or more of the local Consolidated Plan Goals and Priorities described in Section B, above;
c. Be an eligible activity as set forth in 24 CFR §570.201; and d. Not be ineligible as set forth in 24 CFR §570.207, among other requirements.
Projects that fail to meet these applicable tests will NOT BE considered for CDBG funding.
Examples of activities that will render a project ineligible include:
• Programs or services that primarily serve non-Escondido residents • Projects or programs that do not serve primarily LMI persons • New housing construction
• Political activities
• Income payments, stipends, marketing and fundraising
• Purchase of equipment, furnishings or personal property • Services that promote religious activities
• Payment of debt or pre-award expenses
• Entertainment, furnishings and personal property
For complete list of eligible and ineligible activities please review 24 CFR §570.201 and 24 CFR §570.207.
F. Scope of Services and Deliverables
Each selected subrecipient will be expected to meet measurable outcomes established within the Scope of Services (“SOS”). Subrecipients will be expected to submit quarterly reports, invoices, and narratives highlighting their accomplishments, successes , and challenges within the CDBG program. Each of these outcomes will be individually tailored and co-created with the subrecipient based on their project design. It is important to note that all funding reimbursements for the CDBG will be tied to outcome achievements.
G. Right to Submitted Material
This RFP does not commit the City of Escondido to award a contract, to pay any costs incurred in the preparation of a proposal or contract, or to procure or contract for, any services. The City reserves the right to accept or reject any or all proposals received as a result of this RFP, or to amend, cancel (in part or in whole) this RFP if it is in the City’s best interest to do so. All proposals, reports and data submitted to the City shall become the property of the City of Escondido and may not be returned.
H. Proposal Deadlines and Schedule
The following is an estimated schedule relating to this RFP:
Activity Date
CDBG Application Released March 20, 2025
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Questions Deadline March 27, 2025 by 5 p.m.
Response to Questions Released April 2, 2025
RFP Closes April 11, 2025 by 5 p.m.
Return to City Council to Approve Award May 7, 2025
Notice of Contract Award August 2025
Subrecipient must expend 100% of public service contract funds June 30, 2026 * The City reserves the right to modify, in its sole discretion, the dates set forth in the table above.
I. Proposal Content
Prospective subrecipients must submit a proposal using the format attached to this RFP in Exhibit 3, which is attached hereto and incorporated by this reference. Subrecipients must include answer all of the questions or indicate not applicable. Any proposals that do not have a response to each inquiry in Exhibit 3 may be considered incomplete and non-responsive.
Prospective subrecipients are responsible for preparing and timely submitting an effectiv e, clear, and concise proposal. Proposals must be limited to 25 pages (excluding attachments). Each proposal shall demonstrate the qualifications, competence, and capacity of the prospective subrecipients to perform the services described within the timeframe in the table above, and in conformity with the requirements of this RFP.
By submitting a proposal in response to this RFP, prospective subrecipients certify that they take no exceptions to the terms and requirements of this RFP, including the terms of the City’s form Subrecipient Agreement (Exhibit 1).
The selected Subrecipient’s proposal submitted in response to this RFP may become part of the resulting Subrecipient Agreement (Exhibit 1). Any proposed waiver, or change to the resulting Subrecipient Agreement (Exhibit 1) must be clearly identified in Prospective Subrecipient’s proposal. All contracts, and any addenda thereto, shall be subject to the City’s sole discretion and approval. The requirements and service standards of this RFP and the responses of the successful Subrecipients will be incorporated by reference into the resulting agreement regarding the Project. The successful Subrecipient shall enter into a contract within 30 calendar days of the City’s Notice of Award in substantially the same form as Exhibit 1.
J. Selection Process
Proposals will be analyzed and the award made to the most responsive and responsible bidder whose proposal conforms to the solicitation and whose proposal is considered to be most advantageous to the City.
Criteria Percentages
Agency Information, Capacity and Experience 30%
Project Description 50%
Financial Information 20%
TOTAL 100%
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The City will act as the sole judge of the merit and qualifications of the materials and services offered and accept whatever proposal is deemed to be in the best interest of the City. The City reserves the right to:
1. Reject any or all proposals;
2. Request clarification of any submitted information;
3. Waive any informalities or irregularities in any proposal;
4. Not enter into any contract;
5. Cancel this process at any time;
6. Amend this process at any time;
7. Enter into negotiations with one or more Subrecipients; and/or
8. Issue similar solicitations in the future; or request additional information from prospective Subrecipients.
K. General Conditions
PLEASE READ CAREFULLY. THE FOLLOWING GENERAL TERMS AND CONDITIONS ARE A
PART OF ALL PROPOSALS SUBMITTED IN RESPONSE TO THIS RFP AND THE RESULTING CONTRACT.
This RFP as advertised; the specification requirements detailed in this RFP (including the follow ing General Provisions) are subject to all provisions of the Ordinances of the City of Escondido. Each prospective subrecipient submitting a response to this RFP warrants that the submitted proposal is genuine and non-collusive, or made in the interest of any person, firm, company, or corporation. Each prospective s ubrecipient must submit all of the documents listed in Exhibit 3, including the Environmental Review Section (attached to this RFP as Exhibit 4). A non-collusion declaration shall be properly completed and returned with the proposal documents. The non-collusion declaration form is attached to this RFP as Exhibit 5 and incorporated herein by this reference. The non -collusion declaration will not count against the proposal page limit.
In submitting a proposal in response to this RFP, each prospective Subrecipient agrees to the following general terms and conditions:
1. Public Information: The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal in response to this RFP indicates the prospective subrecipient’s acceptance of all terms and conditions contained in this RFP, including all exhibits and attachments hereto, unless clearly and specifically stated otherwise.
2. Confidential Information: Any information deemed confidential or proprietary should be clearly identified by the prospective Subrecipient as such. Information identified as confidential or proprietary will be protected and treated with confidentiality to the extent permitted by applicable local, state, and federal law.
3. Addendums: The City reserv es the right to amend, alter, or revoke this RFP at any time. Any modifications, clarification, or additions will be posted to Bidnet direct at https://www.bidnetdirect.com/california/cityofescondido.
4. Proposal Preparation Cost: The City is not obligated to reimburse any prospective Subrecipient for expenses incurred in preparing proposals in response to this RFP. All Prospective Subrecipients 342
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shall bear their own costs, fees, and expenses incurred in preparing proposals in response to this RFP.
5. Withdrawal of Proposal: A prospective Subrecipient may modify or withdraw their proposal, either personally or by written request via email, at any ti me prior to the Submission Deadline. Such requests should be directed to the City’s Management Analyst at [email protected].
6. Inaccuracies or Misinterpretations: Subject to the City’s sole disc retion, the City may terminate a prospective Subrecipient from the RFP process or terminate any agreement with the Prospective Subrecipient if the City determines that said Prospective Subrecipient has: (i) made a material misstatement, (ii) made a materia l misrepresentation, or (iii) provided materially inaccurate information.
7. Optional Items: Prospective Subrecipients may elect to provide recommendations and pricing for optional items. Pricing for optional items shall not be included in the minimum requirements pricing.
8. Business License: The successful Subrecipient shall be required to obtain a City of Escondido Business License pursuant to the terms of Exhibit 1.
9. Signature: All proposals shall be signed in the name of the prospective Subrecipient and shall bear the signature of the persons duly authorized to sign the proposal. An electronic signature shall be acceptable and deemed to have the same legal effect as a handwritten signature. Obligations assumed by such signature shall be fulfilled.
10. Right to Reject Proposal: The City reserves the right to reject any or all proposals, to waive any non- material irregularities or information in any proposal, and to accept or reject any items or combination of items. The City is not obligated to explain o r justify its selection or rejection of any Prospective Subrecipient. All proposals submitted in response to this RFP shall immediately become property of the City.
11. Right to Conduct Personal Interviews: The City reserves the right to conduct personal interviews or require oral presentations of any or all prospective Subrecipients prior to selection.
12. Right to Request Additional Information : Prospective Subrecipients shall furnish additional information as the City may reasonably require. The City reserves the right to investigate the qualifications of prospective Subrecipients as it deems appropriate.
13. Right to Determine Financial Responsibility and Viability: The City reserves the right to request information pertaining to the financial stability of a prospective Subrecipient to allow an appraisal of a prospective Subrecipient’s current financial condition.
14. Understanding the Services to be Performed: By submitting a proposal in response to this RFP, each prospective Subrecipient certifies that they have fully read and understand this RFP and have full knowledge of the scope, nature, quantity, and quality of services to be performed. Each prospective Subrecipient understands that, if successful, they will be required to enter into a written contract in substantially the same form as Exhibit 1.
15. Award of Contract: Proposals submitted in response to this RFP will be analyzed and the contract awarded to the responsible prospective Subrecipient whose proposal conforms to this RFP and is considered to be the most advantageous to the City, taking into consideration not just the proposal 343
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price, but also the evaluation criteria set forth in this RFP. If the prospective Subrecipient does not execute a contract in substantially the same form as Exhibit 1 within 30 days after notification of award, the City may, subject to its sole discretion, (i) give notice to the Prospective Subrecipient of the City's intent to select from the remaining Prospective Subrecipients or (ii) issue a new RFP for the services.
16. Contract Funding: The City’s funding of any agreement resulting from this RFP shall be subject to applicable appropriations. Prospective Subrecipient acknowledges that the City is a municipal corporation, is precluded by the State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this RFP shall constitute an obligation of future legislative bodies of the City or State to appropriate funds for any agreement resulting from this RFP. Accordingly, prospective Subrecipients acknowledge and agree that the funding for any agreement resulting from this RFP shall be contingent upon appropriation of funds.
17. City Provisions to Prevail: The terms of this RFP and the terms of any agreement resulting from this RFP shall govern the services. Any standard terms and conditions of the successful Subrecipient shall not be acceptable to the City unless expressly agreed to by the City by separate document.
The City reserves the right to reject a proposal containing unacceptable conditions as non - responsive as a condition of evaluation or award of the proposal.
18. Equal Employment Opportunity: The Subrecipient awarded the project shall comply with all equal employment opportunity provisions of federal, state, and local non -discrimination laws, orders, regulations and guidelines as may be applicable to the Subrecipient and be in effect during the performance of any agreement resulting from this RFP.
19. Subrecipient Agreement: Subrecipients submitting a proposal in response to this RFP shall be prepared to use the City’s standard contract form ( Exhibit 1) rather than its own contract form.
Services may not commence until Agreement for services is executed.
20. Prospective Subrecipient’s Invoices: Invoices shall be prepared and submitted to the Housing & Neighborhood Services, ATTN: Dulce Salazar, 201 N. Broadway, Escondido, CA 92025 or via email to [email protected]. Invoices shall be submitted on a monthly basis and contain the following information: Purchase Order number, description of services re ndered, rates, quantities, extended totals, and remaining balances. Invoices should include all applicable sales or other taxes, and shall be remitted to appropriate agencies on the City’s behalf. All payments made pursuant to this contract are not assignable and shall only be made payable to the seller.
21. Payment Terms: The City’s payment terms are within 30 days from date of received invoice.
Additional time may be allotted for payment if the invoice the City deems the incomplete or has outstanding questions regarding pending charges. No pre-payment or partial up front down payment will be made for any services or equipment. The time period allowed for payment, as indicated on the face hereof or offered by quote, bid, or proposal shall commence upon receip t of Prospective Subrecipient’s invoice or upon receipt of the goods or services, whichever is later.
22. Insurance Requirements: The successful Subrecipient must have insurance in accordance with the requirements listed in Exhibit 1.
23. Public Agency Clause: It is intended that other public agencies (e.g., city districts, public authorities, municipal utilities, public school districts and other political subdivisions or public corporations of California) shall have the option to participate in any award made as a result of this solicitation. The 344
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City shall incur no financial responsibility for their order placement and payments to the successful Subrecipient. This option shall not be considered in proposal evaluation. State whether said option is granted:
______________ ______________
YES NO
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EXHIBIT 1
SUBRECIPIENT AGREEMENT
between
CITY OF ESCONDIDO
and
NONPROFIT NAME
for
PROJECT TITLE
This SUBRECIPIENT AGREEMENT (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”) by and between the City of Escondido, a California municipal Corporation (“Grantee”) and [NONPROFIT NAME/ENTITY DESIGNATION] (“Subrecipient”). (The City and Subrecipient may each individually be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and
WHEREAS, the Grantee wishes to engage the Subrecipi ent to assist the Grantee in utilizing such funds.
NOW, THEREFORE, the Parties mutually agree as follows:
I. SCOPE OF SERVICE
A. Activities. The Subrecipient shall be responsible for administering a Community Development Block Grant (“CDBG”) Year [_____] program titled, [Project Title] in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds.
Such program shall include the activities eligible under the CDBG program that are specified in Exhibit A, which is attached hereto and incorporated herein by this reference (“Activities”).
B. National Objectives.
1. All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as further described in 24 C.F.R. § 570.208.
2. The Subrecipient certifies that the Activities carried out under this Agreement will me et the National Objective of [________________].
C. Levels of Accomplishment – Goals and Performance Measures. The levels of accomplishment may include such measures as units rehabilitated, persons or households assisted, or meals served, and should include periods for performance. The Subrecipient agrees to provide certain levels of program services, as set forth in Exhibit A.
D. Staffing. Subrecipient shall be responsible for staff and time to be allocated to each of the Activities, as set forth in Exhibit A.
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E. Performance Monitoring. The Grantee will monitor the performance of the Subrecipient against the goals and performance standards stated within this Agreement. Substandard performance as determined by the Grantee shall constitute noncompliance with this Agreement. If the Subr ecipient does not take action to correct such substandard performance within 30 days after being notified by the Grantee, Grantee may suspend or terminate this Agreement pursuant to the procedures described herein.
II. TIME OF PERFORMANCE
A. The Subrecipient’s performance of the Activities shall commence on [________________] and end on [_______________].
B. The term of this Agreement shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including any program income as defined by 24 C.F.R. § 570.500 (“Program Income”).
III. BUDGET
A. Subrecipient shall adhere to the budget specified in Exhibit B, which is attached hereto and incorporated herein by this reference (“Budget”).
B. Any indirect costs charged must be consistent with the conditions of Paragraph IX(C)(2) of this Agreement.
C. The Grantee may require a more detailed Budget breakdown than what is contained in Exhibit B, and the Subrecipient shall provide such supplementary Budget information in a timely fashion in the form and content prescribed by the Grantee. Any changes to the Budget may only be made by written amendment signed by both the Grantee and the Subrecipient
IV. PAYMENT
A. The total amount to be paid by the Gran tee under this Agreement shall not exceed [_________________].
B. Drawdowns for the payment of eligible expenses shall be made against line items specified in the Budget and in accordance with Subrecipient’s performance of the Activities. Expenses for general administration shall also be paid against line items specifie d in the Budget and in accordance with Subrecipient’s performance of the Activities.
C. Payments to the Subrecipient are contingent upon the U.S. Department of Housing and Urban Development’s (“HUD”) delivery of payment to the Grantee.
D. Payments to the Subrecipient may be contingent upon certification of the Subrecipient’s financial management system in accordance with the standards specified in 2 C.F.R. § 200.302.
V. NOTICES
A. All notices required by this Agreement shall be in writing and delivered to the appropriate Party via mail (postage prepaid), commercial courier, or personal delivery, or sent by e-mail. 347
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B. All communications and details concerning this Agreement shall be directed to the following representatives:
If to the Grantee
City of Escondido
201 N. Broadway
Escondido, CA 92025
Attn: Danielle Lopez
[email protected]
760-839-4518
If to the Subrecipient
[______________
_______________
_______________
_______________
_______________
_______________]
VI. GENERAL CONDITIONS
A. General Compliance.
1. The Subrecipient shall comply with the requirements of 24 C.F.R. Part 570 (HUD regulations concerning CDBG), including Subpart K of such regulations, except that (1) the Subrecipient does not assume the recipient’s environmental responsibilities described in 24 C.F.R. § 570.604 and (2) the Subrecipient does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52.
2. The Subrecipient shall comply with all applicable federal, state, and local laws, regulations, and policies governing the funds provided under this Agreement.
3. The Subrecipient shall utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
B. Independent Contractor . Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Parties. The Subrecipient is an independent contractor and no agency or employment re lationship, either express or implied, is created by the execution of this Agreement. The performance of the Activities is an integral part of the regular business operations of the Subrecipient. The Subrecipient shall have exclusive control over all wor k performed by its employees and the manner in which it is performed and shall determine the method, details, and means of performing the Activities. In addition to any other indemnification required by the Subrecipient under this Agreement, the Subrecipi ent indemnifies Grantee for any claims, losses, costs, fees, liabilities, damages, or injuries suffered by the Grantee arising out of the Subrecipient’s breach of this section.
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C. Grantee Recognition. The Subrecipient shall insure recognition of the role of the Grantee in the Subrecipient’s performance of the Activities through this Agreement. Any activity, facility, or item utilized pursuant to this Agreement shall be prominently labeled as to its funding source.
In addition, the Subrecipient shall include a reference to the support provided in this Agreement in all publications made possible with funds made available under this Agreement.
D. Amendment.
1. The Grantee or the Subrecipient may amend this Agreement at any time provided that such amendment makes specific reference to this Agreement; is executed in writing and signed by a duly authorized representative of each Party; and is approved by the Grantee’s governing body.
2. The Grantee may, in its discretion, amend this Agreement to comply wit h federal, state, or local laws, regulations, guidelines, or policies, except that if any such amendment results in a change in the funding or the Activities under this Agreement, such amendment may be made only by written amendment signed by both the Gran tee and the Subrecipient as otherwise required by this Agreement.
VII. INDEMNIFICATION, BONDING, INSURANCE
A. Indemnification, Duty to Defend, and Hold Harmless . The Subrecipient (including the Subrecipient’s agents, employees, and subcontractors, if any) shall hold harmless, defend, and indemnify the Grantee, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands , actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with the Subrecipient’s (including t he Subrecipient’s agents, employees, and subcontractors, if any) performance of the Activities or its failure to comply with any of its obligations contained in this Agreement, except where caused by the active negligence, sole negligence, or willful misconduct of the Grantee. This provision shall survive the termination of this Agreement.
B. Bonding. The Subrecipient shall comply with the bonding requirements of 2 C.F.R. § 200.325.
The Subrecipient as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee.
C. Insurance.
1. The Subrecipient shall comply with the insurance requirements of 2 C.F.R. §§ 200.310 and 200.447.
2. The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud, and undue physical damage.
3. The Subrecipient shall procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Activities, and the results of 349
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such work, by the Subrecipient, its agents, representatives, employees, or subcontracts.
Insurance coverage shall be at least as broad as the following:
a. Commercial General Liability . Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence, $4,000,000 general aggregate.
b. Automobile Liability . ISO Form CA 00 01 covering any auto (Code 1), or if the Subrecipient has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the Grantee and approved in writing by the Grantee’s Risk and Safety Division.
c. Workers’ Compensation. Workers’ Compensation as required by the state of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
d. Professional Liability (Errors and Omissions) . Profess ional Liability (Errors and Omissions) appropriate to the Subrecipient’s professions, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
e. If the Subrecipient maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the Grantee requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Subrecipient.
4. Each insurance policy required by this Agreement must be acceptable to the Grantee’s City Attorney and shall meet the following requirements:
a. Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-:VII, or as approved by the Grantee.
b. Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the Grantee (including its officials, officers, agents, employees, and volunteers) specifically as an additional ins ured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
c. Primary Coverage. The Subrecipient’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the Grantee, its officials, officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by the Grantee, its officials, officers, agents, employees, or volunteers shall be in excess of the Subrecipient’s insurance and shall not contribute with it.
d. Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the Grantee.
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e. Subcontractors. If applicable, the Subrecipient shall require a nd verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and the Subrecipient shall ensure that the Grantee (including its officials, officers, agents, employees, and volunteers) is an additional insur ed of any insurance required from a subcontractor.
f. Waiver of Subrogation. The Subrecipient hereby grants to the Grantee a waiver of any right to subrogation that any insurer of the Subrecipient may acquire against the Grantee by virtue of the payment of any loss under such insurance. The Subrecipient agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but his subsection shall apply regardless of whether or not the Grantee has received a waiver of subrogation endor sement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the Grantee for all work performed by the Subrecipient, its agents, representatives, employees, and subcontractors.
g. Self-Insurance. The Subrecipient may, with the Grantee’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self-insurance. The Subrecipient shall only be permitted to utilize such self-insurance if, in the opinion of the Grantee, the Subrecipient’s (i) net worth and (ii) reserves for payment of claims of liability against the Subrecipient are sufficient to adequately compensate for the lack of other insurance coverage required by thi s Agreement. The Subrecipient’s utilization of self -insurance shall not in any way limit the liabilities assumed by the Subrecipient pursuant to this Agreement.
h. Self-Insured Retentions. Self-insured retentions must be declared to and approved by this Grantee.
5. Verification of Coverage . At the time the Subrecipient executes this Agreement, the Subrecipient shall provide the Grantee with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy l anguage effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The Grantee reserves the right to require complete, certified copies of all required insurance policies, including endorsements r equired by this Agreement, at any time.
6. Special Risks or Circumstances . The Grantee reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage the Subrecipient must maintain, and any approval of such insurance by the Grantee, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Subrecipient pursuant to this Agreement, including but not limited to any provisions in this Agreemen t concerning indemnification.
8. Failure to comply with any of the insurance requirements in this Agreement, including but not limited to a lapse in any required insurance coverage during the term of this Agreement, 351
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shall be a material breach of this Agreeme nt. In the event that the Subrecipient fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the Grantee may have, the Grantee may, at its sole option, (i) immediately terminate this Agreement, or (ii) o rder the Subrecipient to stop work under this Agreement and/or withhold any payment that becomes due to the Subrecipient until the Subrecipient demonstrates compliance with the insurance requirements in this Agreement.
VIII. TERMINATION
A. Suspension or Termination. The Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which may include (but is not limited to) the following:
1. Failure to comply with any of the federal, state, or local laws, regulations, executive orders, HUD guidelines, policies, or directives referred to herein, or any federal, state, or local laws, regulations, executive orders, HUD guidelines, policies, or directives that may become applicable to this Agreement at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement, as determined by Grantee in its sole discretion;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee a report that is incorrect or incomplete in any material respect.
B. The Grantee shall have the right to terminate this Agreement immediately or withhold payment of invoice for failure of the Subrecipient to comply with the terms and conditions of this Agreement. If the Grantee decides to terminate this Agreement, after a full evaluation of all circumstances has been completed, the Subrecipient shall, upon written request, have the right to an appeal process. The Grantee shall attach a copy of the appeal process to any termination notice.
C. If the Grantee finds that the Subrecipient has violated any term or condition of this Agreement, the Subrecipient shall be required to:
1. Repay all monies received from the Grantee under this Agreement; and
2. Transfer possession of all materials and equipment purchased with grant money to the Grantee.
D. In the case of early termination, the Grantee may make a final payment to the Subrecipient upon receipt of a Final Report and invoices covering eligible costs incurred prior to such termination. The total of all payments, including the fina l payment, shall not exceed the amount specified in this Agreement.
E. Termination for Convenience. This Agreement may be terminated for convenience by either Party, in whole or in part, by setting forth the reasons for such termination, the effective date of such termination, and, in the case of partial termination, the portion to be terminated.
However, if in the case of a partial termination, the Grantee determines that the remaining 352
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portion of the award will not accomplish the purpose for which the awar d was made, the Grantee may terminate the Agreement in its entirety. Grantee and Subrecipient agree to provide written notice to the other party within 30 days prior to the effective date of any termination for convenience. In the event that HUD withdraw s any portion of the City’s CDBG funds, the City shall not be obligated to reimburse the Subrecipient for any activity expense incurred and may recover reimbursed amounts already paid. The Grantee shall notify the Subrecipient if such event by HUD occurs.
IX. ADMINISTRATIVE REQUIREMENTS
A. Financial Management.
1. Accounting Standards. The Subrecipient shall comply with 2 C.F.R. Part 200 and shall adhere to the accounting principles and procedures required therein, including following Generally Accepted Accounting Principles (GAAP) as defined in 2 C.F.R. § 200.49. The Subrecipient shall utilize adequate internal controls and maintain necessary source documentation for all costs incurred.
2. Cost Principles. The Subrecipient shall administer its program in conformance with 2 C.F.R. Part 200, Subpart E. These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis.
B. Documentation and Record Keeping.
1. Records to Be Maintained . The Subrecipient shall maintai n all records required by the regulations specified in 24 C.F.R. § 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but shall not be limited to:
a. records providing a full description of each activity undertaken;
b. records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c. records required to determine the eligibility of activities;
d. records required to document the acquisition, improvement, us e, or disposition of real property acquired or improved with CDBG assistance;
e. records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
f. financial records as required by 24 C.F.R. § 570.502; and
g. other records necessary to document compliance with Subpart K of 24 C.F.R. Part 570.
2. Retention. The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of fo ur (4) years. The retention period begins on the date of the submission of the Grantee’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, 353
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claims, audits, negotiations, or other actions that involve any of the records cited and that have started before the expiration of the four -year period, then such records must be retained until completion of the actions and resolutio n of all issues, or the expiration of the four-year period, whichever occurs later.
3. Client Data. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but shall not be limited to, client name, address, income level, or any other basis for determining eligibility, and descriptio n of service provided. Such information shall be made available to the Grantee monitors or their designees for review upon request.
4. Disclosure. The Subrecipient understands that client information collected under this Agreement is private and the u se or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipient’s responsibilities under this Agreement, may be prohibited by state and federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs. The Subrecipient’s obligation to the Grantee shall not end until all close -out requirements are completed. Close -out requirements shall include, but are not limited to:
making final payments; disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, Program Income balances, and accounts receivable to the Grantee); and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income.
6. Audits & Inspections. All Subrecipient records with respec t to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States, or any of their authorized representatives, at any time during normal business hours, as often as deemed ne cessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the audit requirements within this Agreement shall constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and 2 C.F.R. Part 200, Subpart F.
7. Additional Documentation. The Subrecipient shall provide further documentation as the Grantee may request in relation to the requirements of this Agreement.
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C. Reporting and Payment Procedures.
1. Program Income . The Subrecipient shall report quarterly all Program Income. The Subrecipient may use such Program Income during the term of the Agreement for the Activities and shall reduce requests for additional funds by the amount of any such Program Income balance on hand. All unexpended Program Income shall be returned to the Grantee at the end of the term of the Agreement, or as otherwise provided herein if the Agreement is terminated early. Any interest earned on cash adv ances from the U.S. Treasury and from funds held in a revolving fund account is not Program Income and shall be remitted promptly to the Grantee. The use of Program Income by the Subrecipient shall comply with the requirements set forth in 24 C.F.R. § 570.504.
2. Indirect Costs. If indirect costs are charged, the Subrecipient shall develop an indirect cost allocation plan for determining the Subrecipient’s appropriate share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee.
3. Payment Procedures. The Grantee shall pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with the approved Budget and Grantee policy concerning payments. With the exception of certain advances, payments shall only be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements.
Payments shall be adjusted by the Grantee in accordance with advance fund and Program Income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the Grantee on behalf of the Subrecipient.
4. Progress Reports. The Subrecipient shall submit regular progress reports to the Grantee in the form, content, and frequency required by the Grantee.
D. Procurement.
1. Compliance. The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment, including but not limited to any such policies articulated in Chapter 10 of the Escondido Municipal Code, and shall maintain inventory records of all non - expendable personal property as defined by such policy as may be procured with funds provided under this Agreement. All pr ogram assets (e.g., unexpended Program Income, property, equipment) shall revert to the Grantee upon termination of this Agreement.
2. Standards. Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 C.F.R. §§ 200.318-326.
3. Travel. The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets.
1. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 C.F.R. §§ 570.502-504, as applicable.
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2. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
3. Real property under the Subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement, or such longer period of time as the Grantee approves in writing. If the Subrecipient fails to us e CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attribut able to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute Program Income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expirat ion of the five -year period, or such longer period of time as the Grantee approves in writing.
4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be Program Income (prorated to reflect the extent that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee, an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment.
X. RELOCATION, REAL PROPERTY ACQUISITION, AND ONE -FOR-ONE HOUSING
REPLACEMENT
A. The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and its implementing regulations at 49 C.F.R. Part 24 and 24 C.F.R. § 570.606(b); (b) the requirements of 24 C.F.R. § 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 C.F.R. § 570.606(d) governing optional relocation policies.
B. The Subrecipient shall provide relocation assistance to displaced persons, as defined in 24 C.F.R. § 570.606(b)(2), whom are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG -assisted project.
The Subrecipient also agrees to comply with any applicab le Grantee ordinances, resolutions, and policies concerning the displacement of persons from their residences.
XI. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights.
1. Compliance. The Subrecipient agrees to comply with local and state civil rights laws and regulations, including but not limited to the Unruh Civil Rights Act, California Civil Code § 51, and the Fair Employment and Housing Act, California Government Code section 12 900 et seq. The Subrecipient also agrees to comply with Title VI of the Civil Rights Act of 1964, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Section 104(b) and Section 356
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109 of Title I of the Housing and Community Development Act of 1974, as amended (“HCDA”); Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Age Discrimination Act of 1975; Executive Order 11063, as amended; Executive Order 11246, as amended, and of the rules, regulations, and relevant orders of the United States Secretary of Labor.
2. Nondiscrimination. The Subrecipient agrees to comply with the non -discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 C.F.R. § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
3. Land Covenants. This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and 24 C.F.R. §§ 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, the Subrecipient shall cause or require a covenant running with the land to be inserted within the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate.
4. Section 504. The Subrecipient agrees to comply with all federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.
5. Executive O rder 11246 (Nondiscrimination Provisions) . During the performance of this Agreement, the Subrecipient agrees as follows:
a. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, or an individual’s status in any group or class protected by applicable federal, state, or local laws. The Subrecipient will take affirmative action to ensure that applicants a re employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, or an individual’s status in any group or class protecte d by applicable federal, state, or local laws. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
b. The Subrecipient will, in all solicitations or advancements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orienta tion, gender 357
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identity or expression, national origin, age, disability, or an individual’s status in any group or class protected by applicable federal, state, or local laws.
c. The Subrecipient will not discharge or in any other manner discriminate against a ny 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 t o such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Subrecipient’s legal duty to furnish information.
d. The Subrecipient will send to each labor union, or representative of workers with whom the Subrecipient has a collective bargaining agreement or other contract or other understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient’s commitments under Section 202 of Executive Order 11246, as amended, and any other commitments hereunder, and shall post copies of the notice in conspicuous plac es available to employees and applicants for employment.
e. The Subrecipient will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the United States Secretary of Labor.
f. The Subrecipient will furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required by Executive Order 11246, as amended; the rules, regulations, and relevant orders of the United States Secretary of Labor; and any such information or reports otherwise required hereunder, and will permit access to its books, records, and accounts by the Grantee, HUD or its agent, the United States Secretary of Labor, or other authorized federal officials for purpos es of investigation to ascertain compliance with such rules, regulations, and orders, and the provisions stated herein.
g. In the event of the Subrecipient’s noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provide in Executive Order 11246 of September 24, 1965, as amended, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law.
h. The Subrecipient will include the provisions of Section XI(A)(5)(a) -(h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any 358
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subcontract or purchase order as may be directed by the United States Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance.
Provided, however, that in the event the Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States.
B. Affirmative Action.
1. Approved Plan . The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee ’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1965, as amended. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, consistent with the Affirmative Action Program Policy articulated in Exhibit C, which is attached hereto and incorporated herein by this reference.
2. Women- and Minority-Owned Businesses. The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term “small business” shall mean a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. § 632), and the terms “minority business enterprise” and “women’s business enterprise” shall mean a business at least 51% owned and controlled by minority group members or women, as further defined in 15 U.S.C. § 632(n). For the purpose of this definition, “minority group members” are such groups including but not limited to African Americans, Hispanic Americans, Native Americans, Indian tribes, Asian Pacific A mericans, Native Hawaiian Organizations, and other minorities. The Subrecipient may rely on written representations by a business regarding its status as a women’s business enterprise or minority business enterprise in lieu of an independent investigation.
3. Prior Discrimination . The Subrecipient shall comply with 24 C.F.R. §§ 570.506, 570.602, and 24 C.F.R. Part 6, with respect to affirmative action necessary to overcome the effects of prior discrimination, if any, and such affirmative action shall be incorporated into the Subrecipient’s Affirmative Action Program.
C. Employment Restrictions.
1. Prohibited Activity . The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political ac tivities, inherently religious activities, lobbying, political patronage, and nepotism activities.
2. Labor Standards.
a. The Subrecipient shall comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act, as amended; the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. § 327 et seq.); and all other applicable federal, state, and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient shall comply 359
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with the Copeland Anti -Kick Back Act (18 U.S.C. § 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 C.F.R. Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request.
b. The Subrecipient, except with respect to the rehabilitation or construction of residential property containing fewer than eight (8) units, all contractors engaged under contracts in excess of $2,000 for construction, renovation, or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 C.F.R. Parts 1, 3, 5, and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the requlations are imposed by state or local law, nothing hereunder is intend ed to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.
c. Workers’ Compensation and Safety. The Subrecipient shall comply with all federal and state workers’ compensation and safety laws, including but not limited to the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto, and all similar and applicable state or federal acts or laws.
3. “Section 3” Clause.
a. Compliance.
(i.) Where the Subrecipient receives CDBG funds for work arising in connection with housing rehabilitation, housing construction, or other public improvements, compliance with the provisions of Section 3 of the HUD Act of 1968, 12 U.S.C. § 1701u, as amended (“Section 3”), and as implemented by the regulations set forth in 24 C.F.R. Part 75, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the federal financial assistance provided under this Ag reement and binding upon the Grantee, the Subrecipient, and any of the Subrecipient’s subrecipients and subcontractors.
Failure to fulfill these requirements shall subject the Grantee, the Subrecipient, and any of the Subrecipient’s subrecipients and subc ontractors, and their successors and assigns, to those sanctions specified by the agreement through which federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.
(ii.) The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low - and very l ow- income persons, particularly persons who are recipients of HUD assistance for housing.
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(iii.) The Subrecipient shall comply with the “Section 3” requirements referenced in this Agreement and shall include the following language in all subcontracts executed under this Agreement:
“The work to be performed under this Agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 196 8, as amended (12 U.S.C. § 1701). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low- and very-low-income residents of the project area, and that contracts for work in connection with the pr oject be awarded to business concerns that provide economic opportunities for low- and very-low-income persons residing in the metropolitan area in which the project is located.”
(iv.) The Subrecipient shall ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very-low-income persons residing within the metropolitan area in which the CDBG -funded project is located; where feasible, shall give priority to low- and very -low-income persons within the service area of the project or the neighborhood in which the project is located, and to low - and very -low-income participants in other HUD programs; and shall award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business conc erns that provide economic opportunities for low - and very-low- income persons residing within the metropolitan area in which the CDBG -funded project is located; where feasible, shall give priority to business concerns that provide economic opportunities to low- and very-low-income residents and very-low- income participants in other HUDG programs.
(v.) The Subrecipient certifies and agrees that any vacant employment positions, including training positions, that are filled (1) after the Subrecipient is selected b ut before this Agreement is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 75 require employment opportunities to be directed, were not filled to circumvent the Subrecipient’s obligations under 24 C.F.R.
Part 75.
(vi.) The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.
b. Notifications. The Subrecipient shall send to each labor organization or representative of workers with whom the Subrecipient has a collective bargaining agreement or other contract or understanding, if any, a notice advising such labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
c. Subcontracts. The Subrecipient shall include this Section 3 clause in every subcontract and shall take appropriate action pursuant to the subcontract upon a finding that the 361
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subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient shall not subcontract with any entity where the Subrecipient has notice or knowledge that the entity has been found in violation of regulations under 24 C.F.R. Part 75 and shall not let any subcontract unless the entity has first provided the Subrecipient with a preliminary statement of ability to comply with the requirements of these regulations.
D. Conduct.
1. Assignability. The Subrecipient shall not assign or transfer any interest in this Agreement without the Grantee’s prior written consent; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee.
2. Subcontracts.
a. Approvals. The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the Grantee’s prior written consent.
b. Monitoring. The Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
c. Content. The Subrecipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.
d. Selection Process . The Subrecipient sha ll undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with any documentation concerning the selection process.
3. Hatch Act. The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.
4. Conflict of Interest. The Subrecipient shall abide by the provisions of 24 C.F.R. § 570.611, which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees, or agents engaged in the award and administration of contracts supported by federal funds.
b. No employee, officer, or agent of the Subrecipient shall participate in the s election, award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved.
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c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG -assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.
5. Lobbying. The Subrecipient hereby certifies that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, contin uation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement;
b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standa rd Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and
c. The Subrecipient will require that the certification language expressed in subparagraph (d) be included in the award documents for all subawards at all tiers (incl uding subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly:
d. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall b e subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
6. Copyright. If this Agreement results in the creation or production of any copyrightable work, material, or invention, the Grantee and grantor agency reserves the right to a royalty-free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, such work, material, or invention for governmental purposes.
7. Religious Activities. The Subrecipient agrees that funds provided under this Agreement shall not be utilized for inherently religious activities prohibited by 24 C.F.R. § 570.200(j), such as worship, religious instruction, or proselytization.
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XII. ENVIRONMENTAL CONDITIONS
A. Air and Water. The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
1. Clean Air Act, 42 U.S.C. § 7401 et seq., as amended, and all regulations and guidelines issued thereunder;
2. Federal Water Pollution C ontrol Act, 33 U.S.C. § 1251 et seq., as amended, and all regulations and guidelines issued thereunder, including but not limited to the requirements within 33 U.S.C. § 1318 relating to inspection, monitoring, entry, reports, and information; and
3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50, as amended.
B. Flood Disaster Protection . In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), the Subrecipient shall ensure that for ac tivities located in an area identified by the Federal Emergency Management Act (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).
C. Lead-Based Paint . The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 C.F.R. § 570.608, and 24 C.F.R. Part 35, Subpart B.
Such regulations pertain to all CDBG -assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such p roperties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property, paint testing, risk assessment, treatment, and/or abatement may be conducted.
D. Historic Preservation. The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, 16 U.S.C. § 470, as amended, and the procedures set forth in 36 C.F.R. Part 800, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all reh abilitation and demolition of historic properties that are 50 years old or older, or that are included on a federal, state, or local historic property list.
XIII. MISCELLANEOUS
A. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provisions of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement. 364
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B. Merger Clause . This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the Parties concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or 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.
C. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.
D. Anti-Waiver Clause . None of the provisions of this Agreement shall be waived by the Grantee because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the Grantee, in whole or in part.
E. Attorney’s Fees and Costs . In any action to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs.
F. Multiple Copies of Agreements/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 a n executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original. An electronic signature shall be acceptable and deemed to have the same legal effect as a handwritten signature.
G. Provisions Cumulative. The provisions in this Agreement are cumulative to, in addition to, and not in limitation of any other rights or remedies available to the Grantee.
H. Business License. The Subrecipient shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.
I. Compliance with Laws, Permits, and Licenses. The Subrecipient shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement, including but not limited to any such laws, statutes, codes, ordinances, regulations, and other legal requirements expressly referenced in this Agreement. The Subrecipient shall obtain any and all permits, licenses, and other authorizations necessary to perform the Activities.
Neither the Grantee, nor any elected or appointed boards, officers , officials, employees, or agents of the Grantee, shall be liable, at law or in equity, as a result of any failure of the Subrecipient to comply with this paragraph.
J. Effective Date. Unless a different date is provided in this Agreement, the effective dat e of this Agreement shall be the latest date of execution set forth by the names of the signatories below.
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City of Escondido Attachment “3”
RFP – Community Development Block Grant
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IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date.
CITY OF ESCONDIDO
Date: __________________ ___________________________________ [____________]
Director of Community Development
[SUBRECIPIENT COMPANY NAME]
Date: __________________ ___________________________________ Signature
___________________________________
Name & Title (please print)
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
By:________________________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.
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City of Escondido Attachment “3”
RFP – Community Development Block Grant
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Subrecipient Agreement
Scope of Work Example
A. General
This section should include a general statement about the purpose/objective of the contract, including what is being done under the contract and who is doing it.
Example: Company, Inc., a California corporation (“Subrecipient”) will provide the City of Escondido, a California municipal corporation (“City”) with [type of service(s)] service(s).
B. Location
This section should include the location(s) where the contract will be performed.
Example: Contractor will provide services at the City’s facility located at 4321 1st Avenue, Escondido, CA 92029.
C. Services
This section should describe the services the Contractor/Consultant is to provide to the City , dividing the services into separate tasks if applicable.
Example:
a. Provide shelter to 150 unhoused residents within the City of Escondido; b. Help 50 residents exit emergency shelter into permanent housing; c. Serve 200 seniors 62+ living in the City of Escondido with healthy nutritious meals 2x a day through a meal delivery program;
d. Capital improvement project – Example: Replace an existing playground structure with a new playground structure; and
e. Create written policies and procedures for determining and prioritizing treatment for the mental health of unhoused residents.
D. Scheduling and Coordination
Inquires relating to this Agreement, including scheduling and necessary coordination with City staff, may be directed to Dulce Salazar at 760-839-4057 or [email protected]
E. Payment Terms and Schedule
The total contract price of the Agreement shall not exceed [$DollarAmount]. Invoices must be submitted by the 15th of each month after the services have been performed; payments will be paid after all expense documentation, requisite program participation, and milestone report documents are reviewed, and within 30 days of receipt of invoice for those services. The co ntract price of this Agreement shall comply with the following budget and line item amendments can only be made with the permission of City staff.
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City of Escondido Attachment “3”
RFP – Community Development Block Grant
- 32 - CAO: 3/6/2025
Personnel Expenses Budget Allotment
Staff (Number of Full-Time)
Benefits (What is included)
Non-Personnel Expenses
Program Supplies
Homeless Prevention Assistance
Negotiated Indirect Costs
Total $Dollar Amount
F. Term
The term of this Agreement shall be from the Effective Date of [insert date] through June 30, 202 6.
G. Other
Some contracts may include unique requirements or provisions that do not fall within the above general categories (e.g., license/permit requirements, warranties, reference and incorporation of technical specifications or other documents). Any of these unique requirements/provisions should be listed here, or delete this section if not applicable.
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City of Escondido Attachment “3”
RFP – Community Development Block Grant
- 33 - CAO: 3/6/2025
Subrecipient Agreement
Affirmative Action Program Policy
AFFIRMATIVE ACTION PLAN
SUBRECIPIENT: _____________________________________________________________________ STREET ADDRESS: __________________________________________________________________ CITY, STATE, ZIP: ____________________________________________________________________ TELEPHONE NUMBER: _______________________________________________________________ IRS/ID: _____________________________________________________________________________
1. The Subrecipient named above is committed to a policy of Affirmative Action to ensure Equal Employment Opportunity in response to Executive Orders 10925, 11114, and 11246, as amended, and relevant requirements adopted by the City, including all provisions of the Subrecipient Agreement concurrently entered into between the Subrecipient and the City.
2. The official designated by the Subrecipient to be Equal Employment Officer is:
_______________________________.
3. The Subrecipient will document fully its affirmative actions, which will be at least as extensive as the following:
a. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientati on, gender identity or expression, national origin, age, disability, or an individual’s status in any group or class protected by applicable federal, state, or local laws. The Subrecipient will take affirmative action to ensure that applicants are employe d, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, or an individual’s status in any group or class protected by appli cable federal, state, or local laws. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. b. The Subrecipient will ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the Subrecipient's employees are assign ed to work. The Subrecipient, where possible, will assign two or more women to each construction project. The Subrecipient shall specifically ensure that all foremen, superintendents, and other on- site supervisory personnel are aware of, and carry out, t he Subrecipient's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
c. The Subrecipient will establish and maintain a current list of minority and fema le recruitment sources and provide written notification to minority and female recruitment sources and to community organizations when the Subrecipient or its unions have employment opportunities available and maintain a record of the organizations' responses. d. The Subrecipient will maintain a current file on the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority organization and of what action was 369
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RFP – Community Development Block Grant
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taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Subrecipient by the union or, if referred, not employed by the Subrecipient, this shall be documented in the file with the reason therefore, along with whatever additional actions the Subrecipient may have taken.
e. The Subrecipient will provide immediate written notification to the Director of Office of Federal Contract Compliance Programs when the union or unions with which the Subrecipient has a collective bargaining agreement has not referred to the Subrecipient a minority person or woman sent by the Subrecipient, or when the Subrecipient has other information that the union referral process has impeded the Subrecipient 's efforts to meet its obligations. f. The Subrecipient will develop on -the-job training opportunities and/or participate in training programs for the area that expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Subrecipient 's employment needs, especially those programs funded or approved by the Department of Labor. The Subrecipient shall provide notice of these programs to the sources compiled under subsection (b) above. g. The Subrecipient will disseminate the Subrecipie nt 's Equal Employment Opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Subrecipient in meeting its Equal Employment Opportunity obligations; by including the policy in any policy manual and collective bargaining agreement; by publicizing the policy in the company newspaper, annual report, and similar publications; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the policy on bulletin boards accessible to all employees at each location where construction work is performed.
h. The Subrecipient will review, at least annually, the company's Equal Employment Opportunity Policy and Af firmative Action obligations with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items with on -site supervisory personnel including but not limited to s uperintendents and general foremen, prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
i. The Subrecipient will disseminate the Subrecipient's Equal Employment Opportunity policy externally by including it in any advertising in the news media, specifically including minority and female news media and providing written notification to and discussing the Subrecipient's Equal Employment Opportunity policy with other Subrecipients and Contractors with whom the Subrecipient does, or anticipates doing, business.
j. The Subrecipient will direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the Subrecipient's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Subrecipient shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
k. The Subrecipient will encourage present minority and female employees to recruit other minority persons and women and where reasonable, provide after -school, summer, and vacation employment to min ority and female youth, both on the site and in other areas of a Subrecipient's workforce.
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l. The Subrecipient will validate all tests and other selection requirements where there is an obligation to do so.
m. The Subrecipient will conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. n. The Subrecipient will ensure that s eniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment -related activities to ensure that the Equal Employment Opportunity policy, Affirmative Action policy, and the Subrecipient's related obligations are being carried out. o. The Subrecipient will ensure that all facilities and company activities are non -segregated except that separate and single -user toilet and necessary changing fa cilities shall be provided to assure privacy between the sexes.
p. The Subrecipient will document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. q. The Subrecipient will conduct a review, at least annually, of all supervisors' adherence to and performance under the Subrecipient's Equal Employment Opportunity policy and Affirmative Action obligations.
4. Subrecipients, subcontractors, and related cont ractors shall maintain all required records for a period of three years, or until audited, and permit access by the City to all such records.
Signed: _______________________________ Signed: _______________________________ Equal Employment Officer Authorized Officer/Title
Print: _________________________________ Print: _________________________________ Dated: ________________________________ Dated: ________________________________
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City of Escondido Attachment “3”
RFP – Community Development Block Grant
- 36 - CAO: 3/6/2025
EXHIBIT 2
FY 2024-25 Income Limits
FY 2024
Income
Limit
Area
Median
Family
Income
FY 2024
Income
Limit
Category
Persons in Family
1 2 3 4 5 6 7 8
San
Diego -
Carlsbad,
CA MSA
$116,800
Extremely
Low
Income
Limits ($)
31,850
36,400
40,950
45,450
49,100
52,750
56,400
60,000
Very Low
(50%)
Income
Limits ($)
53,050
60,600
68,200
75,750
81,850
87,900
93,950
100,000
Low
(80%)
Income
Limits ($)
84,900
97,000
109,150
121,250
130,950
140,650
150,350
160,050
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City of Escondido Attachment “3”
RFP – Community Development Block Grant
- 37 - CAO: 3/6/2025
EXHIBIT 3
PROPOSAL FORM
Applicant Information, Capacity and Experience (30 points) Organization Name
Unique Entity ID (UEI)
Attach sam.gov
Project Manager/Title
Phone/Fax Numbers
Email
Address
Project/Program Title
Project/Program Address
Type of Agency
(Select)
Non-profit For Profit Faith-based Other
Date of Incorporation
Annual Operating Budget
Number of paid staff and volunteers
Agency Mission Statement
Describe your organization’s capacity to implement the proposed project. Who will manage and be involved in the project (names/titles)? List projects of similar size and scope you have completed.
Has your agency been a Subrecipient of other HUD-related programs (e.g. CDBG, CARES ACT, HOME, ESG) for the City of Escondido or other jurisdictions? If so, explain below.
Briefly describe your agency’s record keeping system (both programmatic and financial) relevant to this proposed project/program?
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Describe your agency’s auditing requirements, including those for the proposed project /program, and attach a copy of your most recent audit from 2024.
Please include the following attachments:
Proof of Tax-Exempt Status (IRS Letter)
Articles of Incorporation of Agency
Request for Taxpayer Identification Number
Letter from Board of Directors designating authorized agent for the contract City of Escondido Business License
Proof of registration in the federal system of award management (sam.gov)
Project/Program Description (50 points)
Provide a brief description of your proposed project.
Why is this project an important need in the community? What data or information have you collected to support this information?
How will your organization educate and conduct outreach to ensure all eligible community members have equitable access to your project?
Please discuss your screening process for incoming referrals. How will you collect backup documentation to ensure participants are low- and moderate-income from the City of Escondido?
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City of Escondido Attachment “3”
RFP – Community Development Block Grant
- 39 - CAO: 3/6/2025
What are the goals and objectives your specific project would like to accomplish? (For example: How many persons/households anticipated to be served?)
If awarded, what is your action plan to quickly, but responsibly expend these CDBG funds within a timely manner?
How you will maintain strong communication with City staff throughout the duration of this contract?
Financial Information (20 points)
Please attach a detailed, line-item budget demonstrating how the CDBG funds will be expended.
Include any additional non-CDBG funding that will be included to the project. No matching funds are required.
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City of Escondido Attachment “3”
RFP – Community Development Block Grant
- 40 - CAO: 3/6/2025
EXHIBIT 4
ENVIRONMENTAL REVIEW SECTION
FOR COMPLIANCE WITH FEDERAL REGISTER 24 CFR PART 58
Requirement for all CDBG-funded Projects
1. Project Name:
2. Supporting Agency/Representative:
3. Contact Name: Phone/Email:
4. Detailed Project Description Required (separate attachment). Include any details necessary to adequately explain the scope and/or operation of the proposed project. Information required if applicable to the proposed project include:
Amount of ground disturbance (e.g., total area in SF, vertical and lateral depths in inches/feet)
For new construction/expansion/rehabilitation:
o Total area (in SF)
o Proposed height
o Proposed Lot coverage and FAR
o Construction information, such as work in the right -of-way, construction duration, quantity of earthwork to be cut/filled, etc.
For a new use or expansion of an existing use:
o Total existing/proposed staffing levels
o Total existing/proposed clients
o Existing/proposed days and hours of operation
5. Attach photograph or aerial image (e.g., Google Maps) of the site area of disturbance
6. Location of Proposed Site (address):
7. *Assessor Parcel Number:
8. Property Owner Letter of Authorization for scope of work (must be signed by legal property owner):
9. *Zoning and General Plan designation (e.g., PD-R/Urban II):
10. *Is the proposed project a Permitted or Conditional Use for the zone? (If a conditional use, an entitlement through the Planning Division will be required)
11. **Is the site within a 100-year or 500-year floodplain____________________________ If yes, give community number and map panel number: _________________________
12. Size of Site (acres or SF):
13. Size of Facility (proposed or existing): _______
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14. Project Timeline: ____________________________________________________
15. Project Start Date:
16. Amount of Funding Requested:
17. Total Dollar Amount of Project (including CDBG):___________________________
18. Is there more than one funding year involved?
* Information available through City of Escondido’s Planning Department (760) 839-4671 ** Information available through City of Escondido’s Engineering Department (760) 839 -4651 x3823
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Item11.
City of Escondido Attachment “3”
RFP – Community Development Block Grant
- 42 - CAO: 3/6/2025
EXHIBIT 5
NON-COLLUSION DECLARATION
TO BE EXECUTED BY PROSPECTIVE SUBRECIPIENT AND SUBMITTED WITH PROPOSAL
The undersigned declares:
The foregoing proposal submitted in response to the City of Escondido’s Request for Proposals 25-11 – Community Development Block Grant Allocation for Subrecipients Fiscal Year 202 5-26 is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. The prospective Subrecipient has not directly or indirectly induced or solicited any other prospective Subrecipient to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any prospective Subrecipient or anyone else to put in a sham proposal, or to refrain from submitting a p roposal. The prospective Subrecipient has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the prospective Subrecipient or any other prospective Subrecipient, or to fix an y overhead, profit, or cost element of proposal price, or of that of any other prospective Subrecipient. All statements contained in the proposal are true. The prospective Subrecipient has not, directly or indirectly, submitted their proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organi zation, proposal depository, or to any member or agent thereof to effectuate a collusive or sham pro posal, and has not paid, and will not pay, any person or entity for such purpose.
Each individual executing this declaration on behalf of a prospective Subrecipient that is a corporation, partnership, joint venture, limited liability company, limited liabi lity partnership, or any other entity, hereby represents that they have full power to execute, and does execute, this declaration on behalf of the prospective Subrecipient.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________.
Date
___________________________________ ___________________________________ Signature Signature
Title Title
Of Of
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, City Attorney
By: ____________
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STAFF REPORT
April 16, 2025
File Number 0600-10; A-3548
SUBJECT
TEMPORARY RELOCATION OF LIBRARY SERVICES
DEPARTMENT
Community Services Department
RECOMMENDATION
Request the City Council approve $ 828,000 in funding for the expenses associated with the temporary relocation of Library Services during the Escondido Public Library Critical Infrastructure and Modernization Project.
Staff Recommendation: Approve (Community Services Department & Economic Development: Jennifer Schoeneck, Director of Economic Development)
Presenter: Robert Rhoades, Assistant Director of Community Services and Francisco Vargas, Management Analyst
ESSENTIAL SERVICE – Yes, Maintenance of Parks, facilities/Open Spaces COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido
FISCAL ANALYSIS
A $10 million Building Forward Library Infrastructure Improvement Grant by the California State Library was awarded to the City of Escondido in September 2022 without a matching funds requirement for the Escondido Public Library. This project is designed to replace critical infrastructure including lighting, roofing, windows, and HVAC systems throughout the facility. I n order to complete the work, library services need to move to a temporary location for the duration of the construction project. It should be additionally noted that the grant specifically excludes temporary moving costs as well as furniture, fixtures and equipment. Thus, the full cost of the transition of library services to a temporary location must be borne by the City.
The associated costs of moving the library include s location rental fee, utility costs, professional moving services, maintenance concerns, technology needs, marketing /communication, and other associated costs as referenced below.
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)Cost Area Anticipated costs
Rental Space $167,206.46
Utilities and Trash $191,250
Common Area Maintenance $77,030
Tenant Improvements $100,000
Storefront Signage $15,113
Professional Moving Services $28,400
Temporary Shelving $64,000
Information Systems $170,000
Communication/Marketing $15,000
Total Library Relocation Costs $827,999.46
It is recommended that the City Council approve funding in the amount of $ 828,000 for the transition of library services for the duration of the Escondido Public Library Critical Infrastructure and Modernization Project (“Project”). Financing for the temporary relocation of library services will be provided through the General Fund and other available sources.
PREVIOUS ACTION
On March 2, 2022, the City Council approved Resolution No. 2022-32 authorizing the Deputy City Manager / Director of Communications & Community Services to submit an application to the California State Library for $10 million in funding through the Building Forward Library Infrastructure Program Grant and complete all necessary documentation to receive and spend funds should they be awarded.
On September 12, 2022, the City was notified that the application was successful, and that the Escondido Public Library was awarded the maximum amount of $10 million and removal of a matching funds requirement.
On July 19, 2023, Council approved Resolution No. 2023-86 authorizing the Mayor to execute a Consulting Services Agreement with Griffin Structures in the amount of $798,000 for project and construction management services for the duration of the Escondido Public Libr ary Critical Infrastructure and Modernization Project.
On January 24, 2024, Council approved Resolution No. 2024 -06 authorizing the Mayor to execute, on behalf of the City, a Consulting Services Agreement with IDS Group, in an amount not to exceed $747,000 for design services for the Project.
On February 13, 2025, the Library Board of Trustees voted unanimously (5 -0) to approve staff's recommendation to temporarily relocate the Escondido Public Library to the North County Mall .
Following an evaluation of the City’s real property portfolio, it was determined that no existing City-owned 380
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building had the necessary square footage to accommodate the Escondido Public Library, thus the North County Mall was chosen as the primary location to serve as the temporary library.
BACKGROUND
As part of the temporary library relocation effort, City staff assembled an interdepartmental group to assess the library's needs at its temporary location. This working group included representatives from Community Services, Economic Development, Information Systems, Public Works, Communications, Building Maintenance, and the Escondido Public Library (LS&S staff). The group's purpose was to assess and address various aspects of the relocation and ensure continuity of library services.
As noted in the fiscal analysis section, the Building Forward Library Infrastructure Improvement Grant by the California State Library explicitly prohibits the use of grant funding for any type of temporary relocation costs. This further extends to any furniture, fixtures, and equipment that is not considered part of the building infrastructure (e.g. affixed to the building). Therefore, staff have been diligent in being as efficient and cost -conscience as possible when obtaining and negotiating expense-related items during this transitionary period.
Rental Space – North County Mall
After assessing various options and presenting the recommendation to the Library Board of Trustees, the North County Mall was chosen as the temporary location for the library during the completion of the Critical Infrastructure and Modernization Project.
The temporary location is located on the first floor near Target and consists of several storefronts that will house the Friends of the Library (163), the Children’s Collection (169), the General Collection (171), and staff and storage areas (167, 133, 115). Among the sites evaluated by City staff, this location is the most affordable and offers the largest square footage at 15,406 square feet between all of the storef ronts.
While this temporary space is significantly smaller than the library’s current facility, strategic planning and efficient use of the area will ensure that 100 percent (100%) of the library’s Collection and materials remain accessible to the public.
The proposed terms of the agreement are as follows:
Time Period Monthly Rental Cost Per Square Foot
Rental Commencement Date to December 31, 2025 $10,270.67 $8.00 January 1, 2026 through December 31, 2026 $10,681.49 $8.32 January 1, 2027 through Expiration Date (if needed) $11, 105.16 $8.65 Based on the rental fee listed above the estimated temporary library location cost through April 2026 would be $135,161.99; however, should the construction project exceed its anticipated timeline additional costs would be incurred. As a contingency, staff is recommending that an additional three 381
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months of rental fees be considered bringing the total rental charges for the t emporary location to $167,206.46.
The general terms of the agreement exclude all utility costs, including trash, common area maintenance, and storefront signage . Using the afore mentioned structure of costing through April 2026 plus three months of conting ency, the total cost for utilities and trash will be $191,250, and the total cost for common area maintenance will be $77,030, and the estimated total cost for storefront signage will be $15,113.
Additionally, the agreement specifies that the City shall receive the premises in “as is” condition. Thus, the City at its sole expense may perform any necessary work for occupancy.
Tenant Improvements
Given the “as is” condition of the premises, it may be necessary to conduct some minor work to the storefronts in order to accommodate the collections and various library services. This may include, but not limited to the removal of individual dressing rooms, minor work to improve the functionality of the spaces, and new book drops for the temporary location. The estimated costs are $100,000.
Professional Moving Services
On March 19, 2025, a Request for Proposals (“RFP”) was issued to secure professional moving services for relocating the Escondido Public Library from its current location at 239 S. Kalmia St., Escondido, CA 92025, to the designated temporary facilities within the North County Mall, totaling 15,406 square feet. The RFP aims to ensure the safe transport of books, furniture, technology, and equipment while minimizing disruptions to library operations. Additionally, it facilitates a smooth return to the renovated facility in 2026, ensuring continued access to library resources, programs, and services throughout the transition.
Prospective contractors were required to submit proposals no later than April 3, 2025, at 5 p.m. PT. The Office Furniture Solutions was determined, through a competitive procurement process, to be the most responsive and responsible bidder providing the best value to the City.
The following outlined the estimated schedule:
Award of Contract: April 16, 2025
Temporary Site Move: May 5 – 9, 2025
Return to Main Library: April 2026 – July 2026 (estimated) Based on the proposal submitted by The Office Furniture Solutions the roundtrip coordinated professional moving services will cost $28,400.
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Temporary Shelving
To support the temporary relocation of library collections to the North County Mall, staff identif ied the use of rental mobile book carts to efficiently facilitate a smooth transition and use of shelving. These carts will be used to stage materials on -site prior as well as to house the library’s collections . Library staff determined the need for 180 mobile carts that would be delivered to the main library pre -move for loading and preparation by the library staff.
The total c ost for the monthly cart rentals is $4,000 inclusive of tax , initial delivery, and future pickup.
Using the model of annual costs through April 2026 plus three months of contingency, the estimated cost for the temporary mobile shelving rental carts will be $64,000.
Information Systems
A robust technology infrastructure is required to maintain library services at the temporary location. The Information Systems team in c oordination with LS&S staff has conducted an assessment to determine baseline service needs for the library staff to conduct business. This includes but not limited to bandwidth and connectivity requirements, equipment needs (servers, printers, workstation s), cabling and other point-to-point infrastructure.
The anticipated requirements for the temporary library location include 20 staff computers, 2 printers, 6 service desk computers, 2 self-service kiosk computers with data terminals, and 4 public computers with printing station. Based on these requirements, the storefront locations will need to be upgraded with electrical and connectivity wiring. The overarching cost is expected to be approximately $170,000. This estimate is heavily dependent on the determined final equipment needs and contractor/staff time responsible for installation.
Communications/Marketing
In an effort to effectively inform residents and library patrons of the relocation of the Escondido Public Library to the North County M all, it is important to develop a comprehensive marketing and communications plan, as well as give real time updates to the public throughout this process. Such key messaging includes the transition timeline to the new location, the projects being completed at the main library, how to access library services, and the expected reopening of the main library. This approach will be completed through three marketing strategies: digital communications, traditional media, and direct community engagement.
Digital Communications: website, social media, email, newsletters, and channel 19 Traditional Media: news releases, flyers, signs, bookmarks, and wayfinding (mail and main library) Community Engagement: City staff, LS&S staff, and library volunteers shall engag e in personal discussions with library patrons, support groups, and Library Board of Trustees 383
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A multi-phased approach will be used to in communicating these changes to the public:
Preparation: informing the public changes are coming to the library Relocation: communication during the temporary library closure and how to access services Temporary Location: library services have relocated to the North County Mall Library Return: messaging regarding the return to the main library location In order to effectively support the library transition, it is estimated that the cost associated with the marketing and communication would be $15,000. This is dependent on the total number of materials requested based on the agreed upon marketing plan with the project transition team.
Anticipated Timeline
The anticipated timeline for the transition to/from the temporary location is as follows:
March 6: Construction bidding period opened
April 17: Construction Bid period closes at 2 p.m.
April 26: Last day the main library will be open to the public April 28 – May 2: LS&S staff will prepare the book collections and equipment for transport to the temporary location
May 5 – 9: The Office Furniture Solutions will manage and carry out the relocation of the book collections and equipment to the temporary site at the North County Mall. May 12 – 23: LS&S staff will prepare the temporary library storefront locations for opening May 14: Award of construction contract
May 27: Temporary library location opens to the public June 2025 – March 2026: Construction work takes place at the main library April 2026: Return to the main library, pending construction schedule While the closure and transition of the library is taking place (April 28 – May 26), the Pioneer Room and Mathes Center will remain open to the public for picking up book holds made prior to April 25, placing book holds once the temporary library location opens, providing public computer access, and continuing special event programs. These services will be available Monday through Saturday, 9 a.m. - 6 p.m.
RESOLUTIONS
a) Resolution No. 2025-33
b) Resolution No. 2025-26
c) Resolution No. 2025-39
ATTACHMENTS
a) Attachment “1”—Budget Adjustment
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b) Attachment “2”—North County Mall Map/Diagram
c) Attachment “3”—Children’s Collection Storefront Diagram d) Attachment “4”—General Collection Storefront Diagram e) Attachment “5”—Staff & Storage Collection Diagram
f) Attachment “6”—Friends of the Library Bookstore Diagram g) Attachment “7”—The Office Furniture Solutions RFP Response 385
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RESOLUTION NO. 2025-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING $828,000 BE
ALLOCATED TO COSTS ASSOCIATED WITH THE
TEMPORARY RELOCATION OF LIBRARY SERVICES
WHEREAS, the City of Escondido was awarded $10 million in funding for the Building Forward Library Infrastructure Grant Program by the California State Library; and WHEREAS, the project is designed to replace critical infrastructure including lighting, roofing, windows, and HVAC systems throughout the Escondido Public Library; and WHEREAS, in order to complete the work, library services need to move to a temporary location for the duration of the construction project; and
WHEREAS, the Library Board of Trustees voted unanimously (5 -0) to approve staff's recommendation to temporarily relocate the Escondido Public Library to the North County Mall; and WHEREAS, the Building Forward Library Infrastructure Improvement Grant explicitly prohibits the use of grant funding for any type of temporary relocation costs.
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 use of $ 828,000 to fund the temporary transition of library services to the North County Mall from the General Fund and other available resources.
3. That the City Manager, or designee, to execute all necessary documents, in forms approved by the City Attorney’s Office.
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RESOLUTION NO. 2025-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR
TO EXECUTE, ON BEHALF OF THE CITY, A PUBLIC
SERVICE AGREEMENT WITH THE OFFICE FURNITURE
SOLUTIONS FOR MOVING SERVICES FOR THE TRANSFER
OF MATERIALS AND EQUIPMENT TO THE TEMPORARY
LIBRARY LOCATION
WHEREAS, the City was awarded $10 million to fund the Escondido Public Library Critical Infrastructure & Modernization Project which will replace critical infrastructure including lighting, roofing, windows, HVAC systems, asbestos remediation, and upgrade existing first -floor restrooms to Title 24 accessibility standards; and
WHEREAS, the Library Board of Trustees voted unanimously (5 -0) to approve staff's recommendation to temporarily relocate the Escondido Public Library to the North County Mall; and WHEREAS, on March 19, 2025 , the City solicited a Request for Proposal (“RFP”) for moving and relocation services; and
WHEREAS, the City Council authorize d the use of $ 828,000 to fund the temporary transition of library services to the North County Mall; and
WHEREAS, The Office Furniture Solutions was determined, through a competitive procurement process, to be the most responsive and responsible firm providing the best value to the City.
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 determines the proposal submitted by The Office Furniture Solutions to be the most responsive proposal which conformed to the City’s specifications and requirements.
3. That the City Council authorizes the Mayor to execute, on behalf of the City, a Public Service Agreement with The Office Furniture Solutions and subject to final approval as to from by the City Attorney. 388
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RESOLUTION NO. 2025-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR
TO EXECUTE, ON BEHALF OF THE CITY, A TENANCY
AGREEMENT FOR THE TEMPORARY LIBRARY
RELOCATION WITH EWH ESCONDIDO ASSOCIATES, L.P.,
A DELAWARE LIMITED PARTNERSHIP, AND NORTH
COUNTY FAIR LP, A DELAWARE LIMITED PARTNERSHIP
WHEREAS, the City of Escondido was awarded $10 million in funding for the Building Forward Library Infrastructure Grant Program by the California State Library; and WHEREAS, the project is designed to replace critical infrastructure including lighting, roofing, windows, and HVAC systems throughout the Escondido Public Library; and WHEREAS, in order to complete the work, library services need to move to a temporary l ocation for the duration of the construction project; and
WHEREAS, the Library Board of Trustees voted unanimously (5 -0) to approve staff's recommendation to temporarily relocate the Escondido Public Library to the North County Mall; and WHEREAS, the City Council authorized the use of $ 828,000 to fund the temporary transition of library services to the North County Mall; and
WHEREAS, the North County Mall was determined to be the most responsible location providing the best value to the City.
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 determines the North County Mall to be the most responsible location providing the best value to the City.
3. That the City Council authorizes funding for the tenancy agreement not to exceed $170,000.
4. That the City Council authorizes the Mayor to execute, on behalf of the City, a tenancy agreement for the temporary library relocation with EWH ESCONDIDO ASSOCIATES, L.P., a Delaware limited partnership, and NORTH COUNTY FAIR LP, a Delaware limited partnership on terms acceptable to the City Manager and subject to final approval as to form by the City Attorney. 390
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BUDGET ADJUSTMENT
REQUEST
Department: Community Services/Library
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Robert Rhoades
City Council Meeting Date:
(attach staff report) 4/9/2025
EXPLANATION OF REQUEST
Relocation costs associated with the temporary transition of the library to the North County Mall for the duration of the of the Library Critical Infrastructure and Modernization Project, expected to continue through April 2026, potentially longer pending the construction schedule.
BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Library Relocation 2025 828,000
General Fund & other resources 828,000
APPROVALS
DEPARTMENT HEAD DATE FINANCE DATE
Docusign Envelope ID: 6AB75FC6-AC50-4E6A-BFB4-74B9085269AD 4/8/2025
4/9/2025
Attachment "1"
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Attachment "2"
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Attachment “3”
Children’s Collection Storefront Diagram
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Attachment “4”
General Collection Storefront Diagram
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Attachment “5”
Staff & Storage Collection Diagram
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Attachment “6”
Friends of the Library Bookstore Diagram
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1 10 Bosstick Blvd, San Marcos CA 92069|
O: 760.621.5103 | F: 760.621.4542|busdev@theofficefs.com Federal EIN: 37-1996897 Contractor’s License: 1099228 (C-61, D-34, D63) California ID: 4667084 DIR: PW-LR-1001001090
Established 2020 SB (Micro): 2036502
Certified Minority Owned
UEI
24000836
TK49RLK98YU
Seller’s Permit:
CAGE
237967392
9VW51
P
resented to
MOV
E SERVICES for the
TEMPORARY RELOCATION OF ESCONDIDO PUBLIC LIBRARY RFP 25-08 Point of Contacts:
Tom Best
Vice President Sales
M: 619.955.9881
[email protected]
Main POC
Richard Kwiatkowski
Senior Vice President
M: 619.992.3484
[email protected]
Alternate POC
Attachment "7"
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Contents
Qualifications .......................................................................................................................... 3 Library Moving Capabilities - Staff and Equipment ........................................................ 3 Experience of the Firm ........................................................................................................... 4 Airforce Base Technical Library Move and Installation Services ............................... 4 Courthouse Library Move .............................................................................................. 5 Tom oversaw and coordinated the labor for the relocation of the Temecula Courthouse and Superior Court library. This involved moving books, special collections to new location. The scope of work included relocation of 100 shelving units. San Diego Superior Court Library- ...................................................... 5 School Library Moves ..................................................................................................... 5 The Office - FS Process for a Successful Library Move ............................................... 6 References for Past Performance .......................................................................................... 9 Cost Estimate ........................................................................................................................ 10 Schedule ................................................................................................................................ 11 Resumes ................................................................................................................................. 12
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April 3, 2025
To: Francisco Vargas
Management Analyst-Real Property
201 N Broadway, Escondido CA 92025
From: Manuel Guzman, President
The Office – Furniture Solutions
110 Bosstick Blvd.
San Marcos, CA 92069
The Office- Furniture Solutions, Inc (The Office - FS) is a family-owned business established in 2020. The Office- FS holds the following licenses issued by the California Contactors State Board: D-34, prefabricated equipment, which allows for the installation of fixtures and prefabricated modular office systems as well as D-63, construction clean-up. We are a certified small business by DGS and Minority Business Enterprise by supplier clearinghouse. The Office – FS has locations in San Marcos, CA and Placentia, CA. The management team at The Office – FS have a combined over 30 years of experience in project management and providing moving services to a variety of private, local government, and federal government clients. Our experience in providing exceptional moving services along with our commitment to quality and safety will ensure a successful partnership with the City of Escondido as we progress through project completion.
Qualifications
Library Moving Capabilities - StaƯ and Equipment
At The Office - FS, we take pride in our team’s extensive experience managing moves and relocations. Our services are tailored to address the specific challenges associated with relocating institutional and commercial clients. Our specialization lies in commercial moving services for business entities, government agencies, schools, and municipalities. We are experienced in addressing the unique needs of these sectors and do not engage in residential moves.
The PM for this project would be Tom Best and Richard Kwiatkowski as the alternate.
Both are available for the duration of the project. Rich and Tom specialize in managing library moves and fully understanding the importance of ensuring safe and cost- effective asset relocation. Their expertise guarantees that your library transition will be handled with the utmost care and efficiency. Richard and Tom have managed over 30 library moves all with different complexities.
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No two library moves are identical, which is why customizing each relocation to meet the specific requirements of the customer is important In this case, Escondido has requested the use of library carts to facilitate the precise 1-to-1 movement and replacement of shelves, ensuring the organization of books and files is maintained.
Our pre-move planning with the Escondido team will be essential to clearly define expectations for all stakeholders. By thoroughly preparing and accounting for potential setbacks in advance, we ensure that when our movers arrive to execute the plan, everything proceeds smoothly and efficiently. We are committed to ensuring a seamless, efficient, and minimally disruptive transition, leveraging our deep expertise and experience to deliver outstanding results.
The company organization chart is as follows:
Manuel Guzman, PE, President/Owner
Richard Kwiatkowski, Senior Vice President (Primary Project Manager) Tom Best, Vice President of Sales (Secondary Project Manager) Our team has a robust track record of managing moving and storage projects across various sectors. They have successfully completed projects for notable clients, including:
San Diego Unified School District (20+ Schools and Libraries) Edwards Air Force Base
Southwestern College District
Palomar College
Ametek
State of California Department of Justice
San Diego State University
Experience of the Firm
No two library moves are identical, which is why customizing each relocation to meet the specific requirements of the customer is crucial. The pre-move planning meeting will be essential to clearly define expectations for all stakeholders. By thoroughly preparing and accounting for potential setbacks in advance, we ensure that plan is executed professionally and efficiently. Below are some project of similar size and scope that our team has worked on.
Airforce Base Technical Library Move and Installation Services PM- Richard Kwiatkoski
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Richard oversaw the entire relocation of the Technical Library, managing the supervision, labor, materials, transportation, and equipment needed to move various assets, including books, office equipment (computers, monitors, keyboards, printers, etc.), supplies, file cabinets, refrigerators, safes, storage containers, library furniture, and other miscellaneous items to a new location. The move was carried out in three phases: 1) Journal Collections, 2) Technical Documents Collections, and 3) Equipment, Library Furniture, and additional Library Materials. Richard successfully completed the relocation ahead of schedule and on budget.
Courthouse Library Move
PM- Tom Best
Tom oversaw and coordinated the labor for the relocation of the Temecula Courthouse and Superior Court library. This involved moving books, special collections to new location. The scope of work included relocation of 100 shelving units.
School Library Moves
PM – Richard Kwiatkoski
Two notable examples from his experience include managing the moves at Spreckels Elementary School and Mira Mesa High School, both located in San Diego.
The relocation at Spreckels Elementary stands out due to its need for meticulous planning and coordination. With many of the library’s materials being older, Richard took special care to ensure that each book and resource was moved safely, minimizing disruption for both students and staff. He worked closely with teachers and administrators to ensure the transition to the new space was accurate while preserving the integrity of the library’s collection. Certain fragile, older books required additional attention and were individually hand-carried to ensure their safety during the move.
At Mira Mesa High School, Richard managed a much larger-scale move, coordinating with multiple departments such as technology and custodial staff. In addition to overseeing the transport of books and equipment, he was responsible for the relocation of furniture and decor. Richard implemented a detailed inventory system to track every item throughout the move, ensuring everything was properly accounted for and efficiently set up at the new location.
These moves highlighted Richard’s exceptional attention to detail, problem-solving abilities, and strong collaboration with various teams. Through these projects, he refined his expertise in project management and became an expert in coordinating school library moves.
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Proposed Work Plan, Time Schedule and Workload
The Office - FS Process for a Successful Library Move
Planning and Preparation for Move
Timeline: Create a comprehensive timeline with key milestones and deadlines.
Logistics: Plan the sequence of packing, transportation, and unpacking operations.
Contingency: Develop a contingency plan to ensure the project stays within the timeline.
Inventory and Assessment
Cataloging: Ensure all library items are cataloged and updated before they are relocated.
Condition Assessment: Inspect items for damage and note this damage in advance of the commencement of the move.
Special Collections: Develop a strategy for the careful handling of rare or delicate items. For instance, remove the contents of the card catalog before moving it to reduce stress on the legs and prevent potential damage. Paying attention to these small details may take extra time but will contribute significantly to a successful move.
Communication
Direct Contact with Library Staff: Maintain close communication with the designated point person at the City of Goleta to ensure that all items are prepared well in advance of the move. Our team will be readily available to address any questions or issues that arise, ensuring a smooth and coordinated relocation process.
Inform Stakeholders: To minimize disruption, it’s essential to keep library users informed about the move well in advance. The Office – FS recommends coordinating with the library staff to issue notifications at key intervals: 4 weeks, 3 weeks, 2 weeks, and 1 week before the move.
This phased approach will provide ample time for users to plan accordingly and adjust their schedules as needed.
Labeling and Organization
Labeling: Pre-move labeling is a critical element for a successful relocation. Accurate labeling ensures that each item is accounted for Attachment "7"
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and placed in its correct location, thereby expediting the move and preserving the library’s organizational structure.
Systematic Packing: Begin packing in the requested priority order.
Example Shelf 1 is the most important and follows accordingly up to the last shelf.
Packing Materials- All materials will be delivered ahead of the move. Labels: Pre-move labeling is a critical element for a successful relocation. Given the task of moving over 500 shelves, coupled with a stringent "Chain of Custody" requirement for half of the files, precise labeling is essential. Accurate labeling ensures that each item is accounted for and placed in its correct location, thereby expediting the move and preserving the library’s organizational structure. Library Carts: The Office-FS plans to implement a 1-to-1 labeling system and utilize 6-shelved library carts to accommodate taller files. Each shelf will be clearly labeled on both the origin and destination sides, ensuring seamless transfer. For example, Shelf 1 at the origin will correspond directly to Shelf 1 at the destination, with all shelves pre- labeled to facilitate efficient and accurate placement.
Technology: The relocation of technology, including computers and network equipment as designated in the scope utilizing appropriate protection like bubble hoods and keyboard covers.
Sensitive Documents and Records: Secure transport of the identified private records with strict privacy compliance utilizing the chain of custody as directed by Escondido staff.
Moving Day
The Office-FS would move items per the schedule/phases and order stated on Addendum 1. If City allows, The Office – FS would expedite the schedule without compromising quality of work.
Supervision and Coordination
On-site Management: Ensure that key personnel are present to oversee the move. The Office - FS will assign Tom Best as the on-site Project Manager. Tom will serve as the primary point of contact, addressing all questions and ensuring the move proceeds smoothly and efficiently.
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Checklists: Utilize checklists to ensure all items are packed and accounted for as needed. Both the PM and the supervisor will take notes as needed.
Loading into Trucks
Secure Loading: Load items securely to prevent damage during transport. Each library cart will be shrink-wrapped to ensure that items do not all off during transport. It is critical that all items stay on the cart as placed so as not to create organizational issue on the destination side.
Transport: Monitor the transport of items to the new location. This will be done by both the PM and the required “Chain of Custody’ representative to be identified by Escondido staff.
Unpacking
Prioritize: Unpack essential items first to get the library operational quickly.
Post Move
Final Checks
Review: Conduct a final check to ensure everything is correctly placed and operational.
Feedback: Collect feedback from staff and users to address any issues Inspect: Check for any damage that occurred during the move.
We have included an example of our power point presentation. This will be tailored to the City of Escondido. We have also included the work plan on the Gnatt Chart.
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References for Past Performance
1. Airforce Base Technical Library Move
o Client- Airforce at Edwards Airforce Base
o Contact: Lateasha M. Davis, Acquisition PM
o Address: 812 TSS/ENTI, 412 TENG Edwards AFB, California o Email: [email protected]
o Phone: (661) 275-6142
o PM: Richard Kwiatkoski
o Description- Relocation of library. Detailed information can be found under section “Experience of Firm”
2. Spreckels Elementary School Library
o Client: Balfour Beatty Construction
o Superintendent: Dan Chandler
o Address:
o Email:
o Phone: 858-705-1790
o PM: Richard Kwiatkowski
o Description- Relocation of library. Detailed information can be found under section “Experience of Firm”
3. San Diego Superior Court Library
o Client: Direct
o Project Manager: Kevin McMahon
o Phone: 858-229-2129
o Email: [email protected]
o PM: Richard Kwiatkowski /Tom Best
o 40 racks of library books and files
4. Ametek Relocation
o Client- Ametek
o Contact: Jim Benton
o Address: 9250 Brown Deer Rd, San Diego, CA 92121
o Email: [email protected]
o Phone: 858-458-0220
o PM: Tom Best
o Description: Tom was responsible for managing office reconfigurations with multiple lines of furniture
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Cost Estimate
Move of library contents from origin
to destination $ 14,200.00
Move of library contents from
destination to origin $ 14,200.00
Materials
moving boxes $ No Cost
keyboard covers $ No Cost
Monitor covers $ No Cost
Bid total $ 28,400.00
Optional
library rental (180) monthly $ 8,000.00
including delivery/pick up
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Schedule
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The Office - Furniture Solutions, Inc Legend:
PM- Tom Best
Project start date: 4/21/2025 April May June
Scrolling increment: 0 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Milestone description Category Assigned to Progress Start Days M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S Meet with City to develop a move
management schedule and
coordination
Milestone TOFS/City Staff 0% 4/21/2025 1
Deliver Packing Materials Milestone TOFS 0% 5/1/2025 1
Packing Goal City Staff 0% 5/2/2025 10
Move items from library to Mall Goal TOFS 0% 5/12/2025 26 Return Items to Library Milestone TOFS 0% 4/2026-12/2026 * This chart is interactive and will be updated through the life of the project Goal MilestoneHigh risk Unassigned
PROJECT: City of Escondido Library Move
On track Low risk Med risk
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EDUCATION
MBA, University of
Redlands
BA, Biological Sciences,
University of Redlands
Licenses
General B License
# 1120705
INDUSTRY TENURE
30 YEARS WOKING WITH
EDUCATIONAL
INSTITUTIONS
5 Richard Kwiatkowski
Senior Vice President- Main Point of Contact
Richard will serve as the Project Manager. Richard has 5 years of experience working with school districts throughout Southern California. He has managed over 20 school projects for the San Diego Unified School District as well as a variety of other projects with other school districts in California. In the past 5 years, he has honed his skills in managing schools moving services, final cleans and compliance.
EXPERIENCE
Morse High School, San Diego, CA. | Moving Services | Value of Project $67,000
Richard successfully managed the moving services for Sundt Construction and San Diego Unified Lease-Lease back.
Mission Bay High School, San Diego, CA. | Moving Services | Value of Project $123,000
Richard was responsible for coordination of moving services for Soltek and San Diego Unified Lease-Lease back.
King Chavez Primary, San Diego, CA. | Moving Services/Final Clean |Value of Project $130,000.
Richard was responsible for planning and execution moving services and final clean for Soltek Pacific and San Diego Unified District.
Mira Mesa High School, San Diego, CA. | Move/Relocation |Value of Project $55,000
Richard was responsible for managing moving services for CW Driver and San Diego Unified District.
Calexico High School Modernization, San Diego, CA. |
Move/Relocation |Value of Project $80,000
Richard was responsible for planning and execution moving services for Belfour Beatty and Calexico Unified District.
Pacific Beach Elementary School, San Diego, CA. |
Move/Relocation |Value of Project $90,000
Richard was responsible for managing moving services for Swinerton and San Diego Unified District.
Attachment "7"
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Item12.
1 EDUCATION
BA, Accounting, Worcester
State University
INDUSTRY TENURE
20 YEARS WOKING WITH
EDUCATIONAL
INSTITUTIONS
10 Tom Best
Vice President of Sales - Alternate Point of Contact
Tom’s extensive career spans over 20 years in the office furniture and relocation business. He attended Worcester State University and obtained his degree in accounting.
EXPERIENCE
San Diego State University, San Diego, CA. | Moving Services | Value of Project $800,000
Tom was responsible for managing a contract with SDSU that included the coordination of internal moving services as well as furniture installation and reconfiguration.
Palomar College, San Diego, CA. | Moving Services | Value of Project $400,000
Tom was responsible for the management of moving services. As part of this contract, Tom coordinated moves from various satellite offices to the main campus.
Cal State San Marcos, San Diego, CA. | Moving Services / Inventory Management | Value of Project $250,000
Tom was responsible for overseeing the inventory of modular office furniture systems for the entire campus. He was also responsible for managing moves within campus and to offsite storage facilities.
Bridge Point Education, San Diego, CA. | Move/Relocation |Value of Project $700,000.
Tom was responsible for coordinating and managing a 250 off - campus move.
American Specialty Health, San Diego, CA. | Move/Relocation |Value of Project $1,000,000.
Tom was responsible for coordinating and managing a 550-person move. He managed various subcontractors.
Honeycomb, San Diego, CA. | Warehouse Relocation |Value of Project $23,000.
Attachment "7"
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Item12.
KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP PROCLAMATION
4/23/2025 - NO MEETING (SPRING BREAK)
4/30/2025 - NO MEETING
5/7/2025
PROCLAMATION: Drinking Water Week and Water Awareness Month (Environmental Programs) PROCLAMATION: Professional Municipal Clerks Week - May 4, 2025 - May 10, 2025 CONSENT CALENDAR - A. MORROW) - NOTICE OF COMPLETION FOR THE OAKVALE ROAD REALIGNMENT PROJECT - It is requested that the City Council adopt Resolution No. 2025-XX, authorizing the Director of Utilities to file a Notice of Completion for the Oakvale Road Realignment ("ORR") Project.
CONSENT CALENDAR - (C. MCKINNEY) - RICK ENGINEERING ON-CALL SERVICES - Request for Budget Authorization in the amount of $125,000 and Approval of First Amendment to the Agreement with Rick Engineering for On-Call Planning Services CONSENT CALENDAR - (C. MCKINNEY) - FOXLEY DRIVE ACCEPTANCE OF THE PREVIOUSLY OFFERED ROW DEDICATION CONSENT CALENDAR - (J. SCHOENECK) - AGREEMENT FOR RECREATION MANAGEMENT SOFTWARE - It is requested that the City Council adopt Resolution 2025-27 authorizing the Mayor to execute a Public Service Agreement ("PSA") for recreation management software used by the Community Services Department.
CONSENT CALENDAR - (A.MORROW) - CONTINUING REPAIR OF THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN - It is requested that the City Council adopt Resolution No. 2025-38 declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main. The resolution, which must be passed by four-fifths vote, also declares that public interest and necessity demand the immediate expenditure to safeguard life, health, or property.
CURRENT BUSINESS - (C. MCKINNEY) - PL24-0308 BATTERY ENERGY STORAGE SYSTEM UPDATE CURRENT BUSINESS - (J.SCHOENECK) LEASE AND SUBLEASE AT 455 NORTH QUINCE STREET WORKSHOP - (C.HOLMES) - USER FEE WORKSHOP - Report on the results of user fee activity in FY2024/25
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Item13.