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B. Bonding. The Subrecipient shall comply with the bonding requirements of 2 C.F.R. § 200.325.
The Subrecipient as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee.
C. Insurance.
1. The Subrecipient shall comply with the insurance requirements of 2 C.F.R. §§ 200.310 and 200.447.
2. The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud, and undue physical damage.
3. The Subrecipient shall procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Activities, and the results of such work, by the Subrecipient, its agents, representatives, employees, or subcontracts.
Insurance coverage shall be at least as broad as the following:
a. Commercial General Liability . Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence, $4,000,000 general aggregate.
b. Automobile Liability . ISO Form CA 00 01 covering any auto (Code 1), or if the Subrecipient has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the Grantee and approved in writing by the Grantee’s Risk and Safety Division.
c. Workers’ Compensation. Workers’ Compensation as required by the state of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
d. Professional Liability (Errors and Omissions) . 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:
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a. Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-:VII, or as approved by the Grantee.
b. Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the Grantee (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement pag e. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
c. Primary Coverage. The Subrecipient’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the Grantee, its officials, officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by the Grantee, its officials, officers, agents, employees, or volunteers shall be in excess of the Subrecipient’s insurance and shall not contribute with it.
d. Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the Grantee.
e. Subcontractors. If applicable, the Subrecipient shall require and verify that all subcontractors maintain insuranc e 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 insured 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 endorsement 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 t he 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, th e Subrecipient’s (i) net worth and (ii) reserves for payment of claims of liability against the Subrecipient are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. The Subrecipient’s utilization of sel f-insurance shall not in any way limit the liabilities assumed by the Subrecipient pursuant to this Agreement.
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h. Self-Insured Retentions. Self-insured retentions must be declared to and approved by this Grantee.
5. Verification of Coverage . At the time the Subrecipient executes this Agreement, the Subrecipient shall provide the Grantee with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required b y this Agreement), which shall meet all requirements under this Agreement. The Grantee reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time.
6. Special Risks or Circumstances . The Grantee reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage the Subrecipient must maintain, and any approval of such insurance by the Grantee, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Subrecipient pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification.
8. Failure to comply with any of the insurance requirements in this Agreement, including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that the Subrecipient fa ils to comply with any such insurance requirements in this Agreement, in addition to any other remedies the Grantee may have, the Grantee may, at its sole option, (i) immediately terminate this Agreement, or (ii) order the Subrecipient to stop work under t his 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; Attachment "1"
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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. Th e 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 in voices covering eligible costs incurred prior to such termination. The total of all payments, including the final payment, shall not exceed the amount specified in this Agreement.
E. Termination for Convenience. This Agreement may be terminated for convenience by either Party, in whole or in part, by setting forth the reasons for such 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 portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the Agreement in its entirety. Grantee and Subrecipient agree to provide written notice to the other par ty within 30 days prior to the effective date of any termination for convenience. In the event that HUD withdraws any portion of the City’s CDBG funds, the City shall not be obligated to reimburse the Subrecipient for any activity expense incurred and may recover reimbursed amounts already paid. The Grantee shall notify the Subrecipient if such event by HUD occurs.
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 sha ll utilize adequate internal controls and maintain necessary source documentation for all costs incurred.
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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.
3. Subrecipient understands and acknowledges that Grantee must comply with Federal Funding Accountability and Transparency Act (“FFAT””) requirements established by the Office of Management and Budget (“OMB”) concerning the Dun and Bradstreet Data Universal Numbering System (“DUNS”), the Central Contractor Registration (“CCR”) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed.
Reg.55671 (Sept. 14, 2010)(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)(to be codified at 2 CFR part 170), including any subsequent amendments. Accounting and other audit -responsive information of Subrecipient may be required by Grantee to comply with its obligations outlined i n this Agreement. Accordingly, such documentation and information shall be made available to the Grantee for review upon request.
B. Documentation and Record Keeping.
1. Records to Be M aintained. The Subrecipient shall maintain all records required by the regulations specified in 24 C.F.R. § 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but shall not be limited to:
a. records providing a full description of each activity undertaken;
b. records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c. records required to determine the eligibility of activities;
d. records required to document the acquisition, improvement, use, or dis position 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 four (4) years. The retention period begins on the date of the submission of the Grantee’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited and that have started before the expiration of the four -year period, then such records must be Attachment "1"
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retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.
3. Client Data. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but shall not be limited to, client name, address, income level, or any other basis for determining eligibility, and description of service provided. Such information shall be made available to the Grantee monitors or their designees for review upon request.
4. Disclosure. The Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipient’s responsibilities under 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 un used 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 respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States, or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by 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 res ult 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. T he Subrecipient shall provide further documentation as the Grantee may request in relation to the requirements of this Agreement.
C. Reporting and Payment Procedures.
1. Program Income . The Subrecipient shall report quarterly all Program Income . The Subrecipient may use such Program I ncome during the term of the Agreement for the Activities and shall reduce requests for additional funds by the amount of any such Program Income balance on hand. All unexpended Program Income shall be returned to the Grantee at the end of the term of the Agreement, or as otherwise provided herein if the Agreement is terminated early. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not Program Income and shall be remitted promptly to the Grantee. The use of Program Income by the Subrecipient shall comply with the requirements set forth in 24 C.F.R. § 570.504.
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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.
4. Payment Procedures. The Grantee shall pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with the approved Budget and Grantee policy concerning payments. With the exception of certain advances, p ayments 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 program assets (e.g ., unexpended Program Income, property, equipment) shall revert to the Grantee upon termination of this Agreement.
2. Standards. Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials, property, or services in acco rdance 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.
2. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
3. Real property under the Subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement, or such longer period of time as the Grantee approves in writing. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the Attachment "1"
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current fai r market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute Program Income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five -year period, or such longer period of time as the Grantee approves in writing.
4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be Program Income (prorated to reflect the extent that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee, an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment.
X. RELOCATION, REAL 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 applicable 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 G overnment Code section 12900 et seq. The Subrecipient also agrees to comply with Title VI of the Civil Rights Act of 1964, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Section 104(b) and Section 109 of Title I of the Housing and Com munity 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; 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.
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B. Policy Requirements. If applicable:
1. The Subrecipient shall not use grant funds to promote “gender ideology,” as defined in Executive Order (E. O.) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government;
2. The Subrecipient shall not use any grant funds to fund or promote elective abortions, as required by E.O. 14182, Enforcing the Hyde Amendment , and notwithstanding anything in the NOFO or Application, this Grant shall not be governed by Executive Orders revoked by E.O. 14154, including E.O. 14008, or NOFO requirements implementing Executive Orders that have been revoked.
3. Subrecipient understands and acknowledges that Grantee must administer grant funds in accordance with all applicable immigration restrictions and requirements, including the eligibility and verification requirements that apply under title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended (8 U.S.C. 1601 -1646) (PRWORA) and any applicable requirements that HUD, the Attorney General, or the US.
Citizenship and Immigration Services may establish from time to time to comply with PRWORA, Executive Order 14218, or other Executive Orders or immigration laws.
4. Funds granted to Subrecipient under this Agreement may not be used in a manner that by design or effect facilitates the subsidization or promotion of ill egal immigration or shields illegal aliens from deportation, including by maintaining policies or practices that materially impede enforcement of federal immigration statutes and regulations.
5. Subrecipient understands and acknowledges that Grantee must use SAVE, or an equivalent verification system approved by the Federal government, to prevent any Federal public benefit from being provided to an ineligible alien who entered the United States illegally or is otherwise unlawfully present in the Unit ed States. Accordingly, Subrecipient agrees to comply with all requests for documents and information that may be required for said compliance.
C. 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 Gr antee 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.
D. 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 Attachment "1"
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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.
E. Executive Order 14173 of January 21, 2025, as amended.
1. The Subrecipient agrees that its compliance in all respects, with all applicable Federal anti- discrimination laws is material to the government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and
2. By executing this Agreement, the Subrecipient certifies that it does not operate any programs promoting “diversity, equity, and inclusion” (DEI) that violate any applicable Federal anti - discrimination laws.
F. Employment Restrictions.
1. Prohibited Activity . The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities.
2. Labor Standards.
a. The Subrecipi ent 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 loca l laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient shall comply with the Copeland Anti -Kick Back Act (18 U.S.C. § 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 C.F.R. Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request.
b. The Subrecipient, except with respect to the rehabilitation or 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 regulations are imposed by state or local law, nothing hereunder is intended to r elieve 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 Attachment "1"
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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 Agreement and binding upon the Grantee, the Subrecipient, and any of the Subrecipient’s subrecipients and subcontractors.
Failure to fulfill these requirements shall subject the Grantee, the Subrecipient, and any of the Subrecipient’s subrecipients and subcontractors, and their successors and assigns, to those sanctions specified by the agreement through which federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.
(ii.) The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assis tance or HUD-assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low - and very low - income persons, particularly persons who are recipients of HUD assistance for housing.
(iii.) The Subrecipient shall comply with the “Section 3” requirements referenced in this Agreement and shall include the following language in all subcontracts executed under this Agreement:
“The work to be performed under this Agreement is a project assisted under a program providing direct federal fin ancial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low- and very-low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very-low-income persons residing in the metropo litan 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 s ervice area of the project or the Attachment "1"
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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 reducti on and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low - and very-low- income persons residing within the metropolitan area in which the CDBG -funded project is located; where feasible, shall give priority to business concerns that provide economic opportunities to low- and very-low-income residents and very-low- income participants in other HUDG programs.
(v.) The Subrecipient certifies and agrees th at any vacant employment positions, including training positions, that are filled (1) after the Subrecipient is selected but before this Agreement is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 75 require emplo yment 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 repre sentative of workers with whom the Subrecipient has a collective bargaining agreement or other contract or understanding, if any, a notice advising such labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
c. Subcontracts. The Subrecipient shall include this Section 3 clause in every subcontract and shall take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient shall not subcontract with any e ntity 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.
G. 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.
Attachment "1"
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Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 26 - CAO: 3/6/2025
2. Subcontracts.
a. Approvals. The Subrecipient shall not enter into any subcontracts wi th 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 t o be included in and made a part of any subcontract executed in the performance of this Agreement.
d. Selection Process. The Subrecipient shall undertake to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with any documentation concerning the selection process.
3. Hatch Act. The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.
4. Conflict of Interest. The Subrecipient shall abide by the provisions of 24 C.F.R. § 570.611, which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees, or agents engaged in the awar d and administration of contracts supported by federal funds.
b. No employee, officer, or agent of the Subrecipient shall participate in the selection, award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved.
c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG -assisted activities, or who are in a position to participate in a decision-making process or gain inside information with rega rd to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant , officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.
Attachment "1"
183
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 27 - CAO: 3/6/2025
5. Lobbying. The Subrecipient hereby certifies that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement;
b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and
c. The Subrecipient will require that the certification language expressed in subparagraph (d) be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly:
d. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this 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 be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
6. Copyright. If this Agreement results in the creation or production of any copyrightable work, material, or invention, the Grantee and grantor agency reserves the right to a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, such work, material, or invention for governmental purposes.
7. Religious Activities. The Subrecipient agrees that funds provided under this Agreement shall not be utilized for inherently religious activities prohibited by 24 C.F.R. § 570.200(j), such as worship, religious instruction, or proselytization.
XII. ENVIRONMENTAL CONDITIONS
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;
Attachment "1"
184
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 28 - CAO: 3/6/2025
2. Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., as amended, and all regulations and guidelines issued thereunder, including but not limited to the requirements within 33 U.S.C. § 1318 relating to inspection, monitoring, entry, reports, and information; and
3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50, as amended.
B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), the Subrecipient shall ensure that for activities located in an area identified by the Federal Emergency Management Act (FEMA) as hav ing special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).
C. Lead-Based Paint. The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 C.F.R. § 570.608, and 24 C.F.R. Part 35, Subpart B. Such regulations pertain to all CDBG -assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead- based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property, paint testing, risk assessment, 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 rehabilitation and demolition of historic properties that are 50 years old or older, or that are included on a federal, state, or local historic property list.
XIII. BUILD AMERICA, BUY AMERICA
A. If the Project receives more than $250,000 of federal financial assistance, Subrecipient shall, to the greatest extent practicable, cause all designers, construction managers, third-party inspection services, and contractors to comply with the Build America, Buy America Act ("BABAA") requirements under Title IX of the Infrastructure Investment and Jobs Act ("IIJA"), Public Law 177-58. Absent a waiver, all iron, steel, manufactured products, and construction materials used on the Project must be produced in the United States, as further outlined by the Office of Management and Budget's Memorandum M -22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18, 2022.
Attachment "1"
185
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 29 - CAO: 3/6/2025
1. If the Project receives more than $250,000 of federal financial assistance, the description of services for designers, construction managers, and third-party inspection services shall include the following provisions (or similar):
i. Opinions of total project costs and revisions thereof should reflect compliance with BABAA requirements.
ii. Determine and certify that to the best of Contractor’s knowledge and belief, all iron and steel products, manufactured products, and construction materials referenced in any technical analysis/report; the plans, specifications, and bidding documents; any bid addenda; and change orders comply with all federal requirements, including BABAA.
iii. Review and approve or take action with respect to confirmation of BABAA compliance, shop drawings, samples, and other required Contractor submittals, including applications for payment.
iv. Review and document delivered products and materials including substitutes and “or equals” for conformity with contract conditions, U.S.
Department of Housing and Urban Development regulations, and BABAA requirements.
v. Obtain, review and confirm manufacturers’ and contractors’ certifications on compliance with BABAA requirements and maintain copies of certifications in project files. Any issues of concerns related to compliance with BABAA should be immediately brought to the attention of the City.
XIV. 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.
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.
Attachment "1"
186
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 30 - CAO: 3/6/2025
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 a nd 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 an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original. An electronic signature shall be acceptable and deemed to have the same legal effect as a handwritten signature.
G. Provisions Cumulative. The provisions in this Agreement are cumulative to, in addition to, and not in limitation of any other rights or remedies available to the Grantee.
H. Business License. The Subrecipient shall obtain a City of Escondido Business License prior to execution of this 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 date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.
IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date.
CITY OF ESCONDIDO
Attachment "1"
187
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 31 - CAO: 3/6/2025
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.
Attachment "1"
188
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 32 - CAO: 3/6/2025
EXHIBIT A
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 contract price of this Agreement shall comply with the following budget and line item amendments can only be made with the permission of City staff.
Attachment "1"
189
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 33 - CAO: 3/6/2025
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.
Attachment "1"
190
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 34 - CAO: 3/6/2025
EXHIBIT B
BUDGET EXAMPLE
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
Attachment "1"
191
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 35 - CAO: 3/6/2025
EXHIBIT 2
FY 2025 Income Limits
FY 2025
Income
Limit
Area
Median
Family
Income
FY 2025
Income
Limit
Category
Persons in Family
1 2 3 4 5 6 7 8
San
Diego -
Carlsbad,
CA MSA
$130,800
Extremely
Low
Income
Limits ($)
34,750
39,700
44,650
49,600
53,600
57,550
61,550
65,500
Very Low
(50%)
Income
Limits ($)
57,900
66,150
74,450
82,700
89,350
95,950
102,550
109,200
Low
(80%)
Income
Limits ($)
92,700
105,950
119,200
132,400
143,000
153,600
164,200
174,800
Attachment "1"
192
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 36 - 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?
Attachment "1"
193
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 37 - CAO: 3/6/2025
Describe your agency’s auditing requirements, including those for the proposed project /program, and attach a copy of your most recent audit from 2025.
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?
Attachment "1"
194
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 38 - 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.
Attachment "1"
195
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 39 - 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): _______
Attachment "1"
196
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 40 - CAO: 3/6/2025
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
Attachment "1"
197
Item13.
City of Escondido
RFP No. 26-11 – Community Development Block Grant
- 41 - 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 26-11 – Community Development Block Grant Allocation for Subrecipients Fiscal Year 202 6-27 is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. The prospective Subrecipient has not directly or indirectly induced or solicited any other prospective Subrecipient to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any prospective Subrecipient or anyone else to put in a sham proposal, or to refrain from submitting a proposal. The prospective Subrecipient has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the prospective Subrecipient or any other prospective Subrecipient, or to fix any overhead, profit, or cost element of proposal price, or of that of any other prospective Subrecipient. All statements contained in the proposal are true. The prospective Subrecipient has not, directly or indirectly, submitted their proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organi zation, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal, and has not paid, and will not p ay, any person or entity for such purpose.
Each individual executing this declaration on behalf of a prospective Subrecipient that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that they have full power to execute, and does execute, this declaration on behalf of the prospective Subrecipient.
I declare under penalty of 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: ____________
Attachment "1"
198
Item13.
Applicant:
Date received:
Panelist:
Funding request:
Type of Project:
PROGRAM CRITERIA Max. Earned
Points Points Notes
Agency Information, Capacity, and Experience
• Does the agency have the capacity and qualified staff to implement the proposed project and relevant experience with similar projects? • Does the proposal detail an adequate record keeping system? 30 0 • Are the agency's auditing requirements detailed in the proposal adequate for the CDBG program?
Project Description
• Does the proposed project address a demonstrated need? How well is the demonstrated need quantified and supported by data?
• Does the proposed project serve a low/moderate income (LMI) population? • Does the proposed project align with City priorities? Are goals well-defined, specific, and realistic?
• Does the proposed project include education, outreach, and equitable access to CDBG-funded programs?
• Does the proposed project schedule show the feasibility to expend funds 50 0 consistently with the CDBG timeliness requirement?
• Steps/phases to complete the activity are organized and well articulated • Are performance measurements, goals, and proposed outcomes specific, clearly defined, realistic, and well-supported in the application? • Does the project description detail an adequate referral process and back up of data collection for LMI participants?
• Does the proposal detail adequate communication efforts with the City? Financial Information
• How clearly is the proposed use of funds budgeted?
• How financially sound is the organization? 20 0
• How likely is the agency to spend funds if awarded within the timeliness requirement?
TOTAL: 100 0
Attachment "2"
199
Item13.
CDBG
Compliance
Criteria Pass
Fail
National
Objective
Compliance
*
Benefits
low/moderate
income
persons/households
¢
Prevents
slum/blight?
*
Serves
a
Low
to
Moderate
Income
(LMI)
Area
(i.e.
Census
Tract)
Consolidated
Plan
Compliance
Does
the
application
demonstrate
that
it
meets
Consolidate
Plan
priorities?
City
Priority
Compliance
*
Does
the
proposed
use
of
funds
address
a
City
priority?
Completeness
of
Application
*
Have
all
required
fields
been
completed?
*
Are
attachments
2,
3,
4,
and
5 included
in
submitted
application?
*
Are
all
signature
fields
signed
by
the
appropriate
parties?
*
Does
the
application
meet
the
page
limit
requirement?
Budget
*
Is
the
proposed
budget
realistic?
*
Is
the
budget
a
detailed,
line
item
budget?
¢
Are
other
funding
sources
secured?
*
Are
the
expenses
in
the
budget
elligible
for
CDBG
funds?
Attachments: e Proof
of
Tax-Exempt
Status
(IRS
Letter)
e Articles
of
Incorporation
of
Agency
e
Request
for
Taxpayer
Identification
Number
e Letter
from
Board
of
Directors
designating
authorized
agent
for
the
contract
e City
of
Escondido
Business
License
e
Proof
of
registration
in
the
federal
system
of
award
management
(sam.gov)
Attachment "2"
200
Item13.
U.S. Department of Housing and Urban Development — Federal Award Agreement ADDENDUM 1. POLICY REQUIREMENTS
If applicable:
1. The Recipient shall not use grant funds to promote “gender ideology,” as defined in Executive Order (E.0.) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government;
2. The Recipient agrees that its compliance in all respects with all applicable Federal anti- discrimination laws is material to the U.S. Government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code;
3. The Recipient certifies that it does not operate any programs that violate any applicable Federal anti-discrimination laws, including Title VI of the Civil Rights Act of 1964;
4. The Recipient shall not use any grant funds to fund or promote elective abortions, as required by E.O. 14182, Enforcing the Hyde Amendment; and that,
5. Notwithstanding anything in the NOFO or Application, this Grant shall not be governed by Executive Orders revoked by E.O. 14154, including E.O. 14008, or NOFO requirements implementing Executive Orders that have been revoked.
6. The Recipient must administer its grant in accordance with all applicable immigration restrictions and requirements, including the eligibility and verification requirements that apply under title IV of 1601-1646) (PRWORA) and any applicable requirements that HUD, the Attorney General, or the U.S.
Citizenship and Immigration Services may establish from time to time to comply with PRWORA, Executive Order 14218, or other Executive Orders or immigration laws.
7. No state or unit of general local government that receives funding under this grant may use that funding in a manner that by design or effect facilitates the subsidization or promotion of illegal immigration or shields illegal aliens from deportation, including by maintaining policies or practices that materially impede enforcement of federal immigration statutes and regulations.
8. The Recipient must use SAVE, or an equivalent verification system approved by the Federal government, to prevent any Federal public benefit from being provided to an ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States.
9. Faith-based organizations may be subrecipients for funds on the same basis as any other organization. Recipients may not, in the selection of subrecipients, discriminate against an organization based on the organization’s religious character, affiliation, or exercise. (14.218, 14.225, 14.228, CDBG, FY 2025] Page 5 of 8
Attachment "3"
201
Item13.
U.S. Department of Housing and Urban Development — Federal Award Agreement ADDENDUM 2. PROGRAM-SPECIFIC REQUIREMENTS
Assistance Listing 14.218, Community Development Block Grant Program for Entitlement Communities Assistance Listing 14.225, Community Development Block Grant Program for Insular Areas Assistance Listing 14.228, Community Development Block Grant Program for States and Non- Entitlement Grants in Hawaii
1. Environmental Review. The Recipient agrees to assume all the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to section 104(g) of title | of the Housing and Community Development Act of 1974 and published in 24 C.F.R. part 58; except that if the Recipient is a state, the Recipient must require the unit of general local government to assume that responsibility and must comply with the state's responsibilities under 24 C.F.R. 58.4.
2. Public Use. The Recipient shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport, or highway projects as well as utility projects that benefit or serve the general public (including energy-, communication-, water-, and wastewater- related infrastructure), other structures designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. Law No. 107-118) shall be considered a public use for purposes of eminent domain.
3. Prohibition on Selling, Trading, and Transferring Funds. The Recipient or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title | of the Housing and Community Development Act of 1974.
4. Construction of Water and Sewer Facilities. Notwithstanding any other provision of this agreement, the Recipient may not obligate or expend award funds to plan or construct water or sewer facilities, including any new or revised activities, until after 1) it completes the review procedures required under Executive Order 12372, Intergovernmental Review of Federal Programs, and 24 C.F.R. part 52 and 2) HUD provides written notice of the release of funds.
5. Funds for For-Profit Entities. Under 42 U.S.C. § 5305(a)(17), CDBG funds may not be provided to a for-profit entity unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 C.F.R. 8570, Guidelines and Objectives for Evaluating Project Costs and Financial Requirements.
6. Violence Against Women Act. The Recipient will comply with the right to report crime and emergencies protections at 34 U.S.C. § 12495 of the Violence Against Women Act. (14.218, 14.225, 14.228, CDBG, FY 2025] Page 6 of 8
Attachment "3"
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STAFF REPORT
February 18, 2026
File Number 0610-90
SUBJECT
SENATE BILL 707 OVERVIEW, IMPACTS ON CITY COUNCIL MEETINGS, AND ADOPTION OF RESOLUTION NO. 2026-25 ESTABLISHING A TECHNOLOGY DISRUPTION POLICY
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Request the City Council adopt Resolution No. 2026-25 establishing a Technology Disruption Policy for City Council meetings in compliance with Senate Bill 707 and the Ralph M. Brown Act, and receive and file this report.
Staff Recommendation: Approval (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
ESSENTIAL SERVICE– No
COUNCIL PRIORITY – Build Trust and Accountability
FISCAL ANALYSIS
Any fiscal impacts associated with software licensing or additional services will be presented to the City Council separately, as appropriate, for consideration and approval.
EXECUTIVE SUMMARY
Senate Bill 707 represents one of the most significant updates to the Brown Act in recent decades. The legislation expands public access to local government meetings, strengthens requirements for remote participation, and enhances language access and transparency for communities that have historically faced barriers to civic participation.
Certain provisions of SB 707 became effective January 1, 2026, while additional requirements apply to eligible legislative bodies beginning July 1, 2026. The City of Escondido qualifies as an eligible legislative body and must comply with both phases of the law.
Government Code Section 54953.4 requires eligible legislative bodies to adopt a publicly approved policy establishing procedures to be followed when a disruption to telephone or internet service prevents 203
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remote public access. Resolution No. 2026-25 establishes such a policy and ensures the City’s compliance with SB 707.
To address the lega l, technical, and administrative requirements of SB 707 in a coordinated and sustainable manner, the City will utilize the Public Input software platform. Public Input provides an integrated solution for hybrid meetings, public comment management, accessib ility features, language support, and compliance documentation.
LEGISLATIVE BACKGROUND
Senate Bill 707 amended multiple sections of the Ralph M. Brown Act to modernize public meeting requirements and align them with contemporary expectations for access, participation, and transparency.
The Legislature expressed clear intent to ensure that members of the public can meaningfully observe and participate in public meetings regardless of physical location, language barriers, or technological limitations.
SB 707 emphasizes the following principles:
Public meetings should be accessible both in person and remotely Remote participation should provide the same opportunity for engagement as in person attendance
Agencies should proactively reduce barriers to participati on for underrepresented and non- English speaking communities
Transparency should be enhanced through clear procedures, documentation, and public information
These changes require not only procedural updates, but also reliable technology and consistent administrative practices.
APPLICABILITY TO THE CITY OF ESCONDIDO
Under SB 707, the Escondido City Council qualifies as an eligible legislative body based on population thresholds and statutory definitions. As a result, the City Council must comply with all pro visions applicable to eligible legislative bodies beginning July 1, 2026, in addition to provisions already in effect.
The City Clerk’s Office is responsible for ensuring that City Council meetings are noticed, conducted, and documented in a manner that complies with the Brown Act, including SB 707 amendments.
KEY STATUTORY REQUIREMENTS AND IMPACTS
Provisions Effective January 1, 2026
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SB 707 introduced several changes that affect how meetings are prepared, conducted, and documented.
Key provisions include:
Mandatory distribution of the Brown Act to all elected and appointed members of legislative bodies
Clarification of definitions related to teleconferencing and remote participation Consolidation of emergency and just cause teleconferencing rules into a single statutory framework
Requirements to identify remote participation and its legal basis in meeting minutes Expansion of the presiding officer’s authority to address disruptive behavior by remote participants
Removal of certain limitations on website posting requirements for special meetings These provisions primarily affect internal processes, agenda preparation, meeting management, and recordkeeping. The City Clerk’s Office has incorporated these requirements into updated procedures and training.
Provisions Effective July 1, 2026
The July 1, 2026 provisions represent a more substantial shift in public meeting operations. Key requirements include:
Mandatory Remote Public Attendance
All open and public meetings of the City Council must include an opp ortunity for the public to attend remotely through a two-way telephonic service or a two-way audiovisual platform, except in limited statutory circumstances.
Equal Opportunity for Public Comment
Members of the public participating remotely must be provided the same opportunity to address the City Council as in person attendees, including equal time allotments and real time participation.
Technology Disruption Policy
The City Council must adopt a publicly approved policy addressing procedures for interruptio ns to telephone or internet service. The policy must address recesses, reconvening, and good faith efforts to restore service.
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Language Access Requirements
When statutory thresholds are met, meeting agendas must be translated into applicable languages.
Instructions for remote participation must be included in each translated agenda.
Public Meetings Information Webpage
The City must maintain an accessible webpage dedicated to public meetings that explains the meeting process, provides participation instruct ions, lists a meeting calendar, and links to posted agendas. The webpage must be translated into applicable languages.
Outreach to Underrepresented Communities
The City must make reasonable efforts to encourage participation by communities that do not traditionally engage in public meetings, including non-English speaking populations.
These requirements significantly increase the need for reliable, integrated meeting technology and coordinated administrative workflows.
TECHNOLOGY DISRUPTION POLICY REQUIREMENT
Government Code Section 54953.4 requires eligible legislative bodies to adopt a policy establishing procedures to be followed when a disruption to telephone or internet service prevents the public from attending or participating in a meeting remotely.
The statute requires that the policy address, at a minimum:
Recessing meetings when remote access is disrupted
Making good faith efforts to restore service
Making findings before proceeding without remote access Resolution No. 2026 -25 establishes clear, transparent, and consistent procedures that satisfy these statutory requirements while preserving the orderly conduct of City Council meetings.
RESOLUTION NO. 2026-25
Resolution No. 2026-25 adopts a Technology Disruption Policy for City Council meetings. The policy:
Defines technology disruptions and remote access
Establishes procedures for recessing meetings during disruptions Requires good faith efforts to restore service
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Requires formal findings before proceeding without remote access Provides for public notice and transparency
Adoption of the resolution ensures that the City has a legally compliant framework in place prior to the July 1, 2026 statutory deadline.
IMPLEMENTATION AND ADMINISTRATION
Upon adoption of Resolution No. 2026-25, the City Clerk’s Office will:
Publish the Technology Disruption Policy on the City’s public meetings webpage Incorporate the policy into meeting procedures and staff training Include appropriate participation instructions in meeting notices and agendas
OPERATIONAL AND ADMINISTRATIVE CONSIDERATIONS
Meeting SB 707 requirements using standalone or manual systems presents operational challenges, including:
Managing simultaneous in person and remote speakers
Ensuring consistent application of time limits and procedures Maintaining reliable access during technical disruptions Providing documentation of compliance and good faith efforts Supporting accessibility and language access in real time To reduce risk and administrative burden, the City has identified the need for a centralized, purpose built meeting management platform.
PUBLIC INPUT SOFTWARE PLATFORM
Public Input is a modern, cloud-based software platform designed specifically to support public meetings, public comment, and statutory compliance. It integrates with existing agenda management systems and provides end to end support before, during, and after meetings.
Alignment With SB 707 Requirements
Public Input supports SB 707 compliance in the following key areas:
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Hybrid Meeting Access
The platform provides toll free tele phone access and browser based audiovisual participation, allowing members of the public to attend meetings remotely while preserving in person attendance.
Speaker and Comment Management
Public Input manages speaker registration and queues by agenda item, ensuring that remote and in person speakers are treated equitably and in compliance with time limits.
Accessibility and Captioning
Live captioning is available when audiovisual platforms are used, and call in information is clearly posted and displayed to the public.
Language Access and Translation
Public Input supports digital agenda translation into multiple languages and provides a public facing meeting portal that can be translated into applicable languages.
Redundancy and Reliability
The system offers concurrent telephone and online access, reducing the risk that a single point of failure will prevent public participation.
Reporting and Recordkeeping
Automated transcripts, speaker reports, and participation records support transparency and provide documentation of compliance with SB 707 requirements.
IMPLEMENTATION AND OVERSIGHT
The City Clerk’s Office will oversee implementation of Public Input and coordinate with Information Systems, City Attorney, Communications and other departments as appropriate. I mplementation activities include:
Configuration of meeting workflows and speaker management rules Integration with existing agenda and meeting systems
Development and adoption of required policies
Staff training and public education materials
Ongoing monitoring and refinement of procedures
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CONCLUSION
Senate Bill 707 reflects the Legislature’s intent to strengthen public participation and transparency in local government decision making. The City of Escondido is committed to implementing both the letter and the spirit of the law. The use of the Public Input software platform provides a practical, scalable, and reliable approach to meeting SB 707 requirements while enhancing the public meeting experience for residents, stakeholders, and City Council members al ike. Adoption of Resolution No. 2026 -25 fulfills the City’s obligation to adopt a Technology Disruption Policy and demonstrates the City of Escondido’s commitment to transparency, accessibility, and lawful public participation.
RESOLUTIONS
a. Resolution No. 2026-25
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RESOLUTION NO. 2026-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO ADOPTING A TECHNOLOGY DISRUPTION
POLICY FOR PUBLIC MEETINGS PURSUANT TO SENATE
BILL 707 AND THE RALPH M. BROWN ACT
WHEREAS, the Ralph M. Brown Act, California Government Code Section 54950 et seq., establishes requirements for open and public meetings of local legislative bodies; and WHEREAS, Senate Bill (“SB”) 707 amended the Brown Act to expand public access, transparency, and participation in local government meetings, including requirements for remote public attendance and comment; and
WHEREAS, Government Code Section 54953.4 requires eligible legislative bodies, including the Escondido City Council, to provide an opportunity for members of the public to attend open and public meetings remotely through a two-way telephonic service or a two-way audiovisual platform, except in limited circumstances; and
WHEREAS, Government Code Section 54953.4 further requires eligible legislative bodies to adopt a publicly approved po licy establishing procedures to be followed when a disruption to telephone or internet service prevents remote public access to a meeting; and WHEREAS, the City of Escondido qualifies as an eligible legislative body under Government Code Section 54953.4 based on statutory population thresholds; and WHEREAS, technology disruptions may occur due to factors beyond the reasonable control of the City, including internet outages, service provider failures, or system malfunctions; and 210
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WHEREAS, it is necessary and appropriate to adopt a clear, transparent, and consistent policy to ensure good faith compliance with SB 707 while preserving the orderly conduct of City Council meetings; and
WHEREAS, adoption of a Technology Disruption Policy will promote transparency, provide clarity to the public, and establish uniform procedures for responding to interruptions in remote access.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
SECTION 1. ADOPTION OF POLICY
The City Council hereby adopts the Technology Disruption Policy for Public Meetings, as set forth below, pursuant to Government Code Section 54953.4.
SECTION 2. PURPOSE
The purpose of this policy is to establish procedures for responding to disruptions in telephone or internet service during City Council meetings when remote public attendance or participation is required by law, in order to ensure transparency, consistency, and good faith compliance with Senate Bill 707 and the Brown Act.
SECTION 3. APPLICABILITY
This policy applies to all open and public meetings of the Escondido City Council at which remote public attendance or public comment is provided through a two-way telephonic service or a two-way audiovisual platform pursuant to Government Code Section 54953.4.
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SECTION 4. DEFINITIONS
For purposes of this policy:
A. Remote Access means participation in a public meeting through telephone or internet-based technology.
B. Technology Disruption means a failure or interruption of telephone or internet ser vice that prevents members of the public from observing or participating in a meeting remotely.
C. Good Faith Effort means reasonable actions taken by City staff to restore remote access as promptly as practicable under the circumstances.
SECTION 5. PROCEDURES DURING A TECHNOLOGY DISRUPTION
A. Initial Response
If a technology disruption occurs that prevents remote public access to a City Council meeting:
1. The presiding officer shall announce the disruption on the record.
2. The City Council shall recess the open session of the meeting for a minimum of one hour or until remote access is restored, whichever occurs first.
Closed session items, if any, may be conducted during the recess in compliance with applicable law.
B. Restoration Efforts
During the recess, City staff shall make a good faith effort to restore remote access, which may include, but is not limited to:
Troubleshooting hardware or software issues
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Transitioning to backup telephone or internet systems Coordinating with service providers or technology vendors Utilizing redundant or alternative access methods when available C. Reconvening the Meeting
If remote access is restored, the City Council shall reconvene the meeting and resume open session proceedings.
If remote access is not restored following the recess period, the City Council may reconvene only after making the findings set forth in Section 6 of this Resolution.
SECTION 6. REQUIRED FINDINGS TO CONTINUE WITHOUT REMOTE ACCESS Before continuing a meeting without remote public access, the City C ouncil shall make all of the following findings by roll call vote:
1. The City Council made a good faith effort to restore remote access in accordance with this policy.
2. The continued inability to provide remote access is due to factors beyond the reasonable control of the City.
3. Proceeding with the meeting outweighs the public interest in delaying the meeting to restore remote access.
All findings shall be entered into the official meeting record.
SECTION 7. PUBLIC NOTICE AND AVAILABILITY
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Information regarding this Technology Disruption Policy shall be made available on the City’s public meetings webpage and included in public meeting participation instructions when applicable.
SECTION 8. NO LIMITATION OF AUTHORITY
Nothing in this Resolution limits the authority of the presiding officer to manage meetings or address disruptive behavior in accordance with the Brown Act, City Council rules, or other applicable law.
SECTION 9. EFFECTIVE DATE
This Resolution shall take effect immediately upon adoption.
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STAFF REPORT
February 18, 2026
File Number 0650-10
SUBJECT
CALIFORNIA VOTER’S CHOICE ACT OVERVIEW AND NOVEMBER 4, 2025 VOTE CENTER ANALYSIS
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Receive and file this report providing a n overview of the California Voter ’s Choice Act, a detailed summary of activities prohibited on Election Day, an analysis of Vote Center operations during the November 4, 2025 Special Election, and an update on intergovernmental coordination and recommended advocacy actions to strengthen voter experience and election administration.
Staff Recommendation: Receive and File (City Clerk: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
ESSENTIAL SERVICE – No
COUNCIL PRIORITY – Build Trust and Accountability
FISCAL ANALYSIS
There is no direct fiscal impact associated with receiving and filing this report.
EXECUTIVE SUMMARY
This report is intended to provide the City Council with a clear, factual, and comprehensive understanding of the Vote Center model under the California Voters Choice Act, the legal framework governing Election Day conduct, and the operational challenges experienced at the Park Avenue Community Center Vote Center during the November 4, 2025 Special Election.
Although the San Diego County Registrar of Voters administered the election in compliance with all applicable state laws, the November 2025 Special Election revealed structural limitations inherent in the statutory f ramework governing Special Elections. These limitations, when combined with staffing constraints and facility access issues, materially affected voter experience.
In response, the City has taken deliberate and coordinated steps to elevate concerns, strengt hen communication with County election officials, clarify enforcement roles, and pursue constructive 215
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advocacy at both the County and State levels. These actions reflect the City commitment to supporting safe, accessible, and confidence inspiring elections while respecting the legal authority of the Registrar of Voters.
BACKGROUND: CALIFORNIA VOTER’S CHOICE ACT
The California Voters Choice Act authorizes participating counties to conduct elections using a Vote Center model rather than traditional neighborhood polling places. Under this model, all registered voters are mailed a ballot and may choose to vote by mail or vote in person at any Vote Center within the county.
Vote Centers are open for multiple days prior to Election Day, provide same day voter registration and ballot replacement, and are required to meet state accessibility standards.
The Act establishes minimum Vote Center requirements based on the number of registered voters and the type of election. On Election Day, General Elections re quire one Vote Center per 10,000 registered voters. Special Elections require one Vote Center per 30,000 registered voters. This statutory distinction results in significantly fewer Vote Centers during Special Elections, even in communities with sustained in person voting demand.
San Diego County has adopted the Vote Center model pursuant to the Voters Choice Act and retains sole responsibility for Vote Center site selection, staffing, training, security coordination, and election operations throughout the county, including Vote Centers located within the City of Escondido.
ELECTION DAY CONDUCT AND PROHIBITED ACTIVITIES
California law strictly regulates conduct at and near Vote Centers to protect voter access, prevent intimidation, and preserve the integrity of the electoral process. Electioneering is prohibited within 100 feet of a Vote Center. Prohibited electioneering activities include advocating for or against a candidate or ballot measure, displaying campaign signs or apparel, distributing campaign mate rials, soliciting votes, and engaging in political persuasion.
Additional prohibited conduct includes interfering with voters, attempting to influence a voter’s choices, photographing or recording a voter’s ballot, and intimidating or harassing voters or election workers. Exit polling is permitted only outside the 100-foot boundary and may not impede voter access or operations.
The San Diego County Registrar of Voters is responsible for election administration and enforcement of election laws at Vote Centers. Local law enforcement agencies may assist when requested by the Registrar of Voters to address public safety concerns, disturbances, or violations that exceed administrative enforcement authority.
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NOVEMBER 4, 2025 SPECIAL ELECTION VOTE CENTER ANALYSIS
An internal analysis was prepared to evaluate operational challenges experienced at the Park Avenue Community Center Vote Center during the November 4, 2025 Special Election. The analysis concluded that extended wait times and congestion were the result of multiple systemic factors rather than a single operational failure.
Structural Vote Center Limitations
The reduced number of Vote Centers required for Special Elections concentrated in person voter demand at high visibility and centrally located faciliti es. Countywide, approximately 68 Vote Centers were operated for the Special Election, compared to approximately 200 Vote Centers during a General Election.
The Park Avenue Community Center, due to its central location and community familiarity, experienced disproportionately high voter volume.
Staffing Constraints
Most poll workers are classified as volunteers who are compensated by stipend rather than as employees receiving hourly wages. Poll worker stipends have remained largely unchanged for approximatel y ten years, despite increases in minimum wage and evolving labor market conditions. These constraints affect recruitment, retention, and staffing depth, which in turn impacts voter processing times and Vote Center throughput.
Facility and Operational Concerns
Additional challenges included electioneering activity near the Vote Center, extended voter wait times, and lack of restroom access at the Park Avenue Community Center after normal business hours. While these conditions did not constitute legal violat ions by the Registrar of Voters, they adversely affected voter comfort and experience.
INTERGOVERNMENTAL COORDINATION AND CITY RESPONSE
On January 13, 2026, the City Clerk met with outgoing San Diego County Registrar of Voters Cynthia Paes and incoming Reg istrar Shawn Brown to elevate concerns related to the November 4, 2025 election.
Topics included electioneering enforcement, Vote Center capacity, staffing limitations, and facility access considerations.
At this meeting, Registrar Paes requested that the Escondido City Council consider formal advocacy to address systemic issues beyond local administrative control. These requests included urging the San Diego County Board of Supervisors to increase poll worker stipends and requesting that the California Sta te Legislature amend the Voters Choice Act to align Election Day Vote Center requirements for Special and Regular Elections.
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To support ongoing coordination, the City Manager designated the City Clerk as the City Ombudsman with the San Diego County Registr ar of Voters regarding Vote Center site selection within Escondido. In this capacity, the City Clerk met with Registrar of Voters staff on February 3, 2026 , to discuss Vote Center planning for the June 2, 2026 Primary Election, with emphasis on site capaci ty, accessibility, restroom availability, parking, and neighborhood impacts.
The City Clerk and Police Chief Ken Plunkett will also meet with Registrar of Voters staff to clarify the respective roles of the Escondido Police Department and the San Diego County Sheriff’s Office related to election related issues, electioneering enforcement, and maintaining public order at Vote Centers.
POLICY CONSIDERATIONS AND POTENTIAL COUNCIL ACTION
The November 4, 2025 Special Election demonstrates that compliance with mi nimum statutory requirements does not necessarily ensure an optimal voter experience. Structural disparities in the Voters Choice Act and stagnant poll worker stipends contribute to operational challenges that affect voters, volunteers, and host communities.
At the request of the Registrar of Voters, the City Council may consider authorizing the Mayor to submit two advocacy letters. One letter would request that the San Diego County Board of Supervisors increase poll worker stipends to reflect current econo mic conditions. A second letter would request that the California State Legislature amend the Voters Choice Act to establish consistent Election Day Vote Center requirements for Special and Regular Elections.
CONCLUSION
The City of Escondido remains commit ted to supporting free, fair, accessible, and orderly elections.
Through continued intergovernmental coordination, clear enforcement roles, and thoughtful advocacy, the City seeks to improve voter experience while respecting the statutory framework governi ng election administration.
ATTACHMENTS
a. Attachment “1”—Draft Letter to the San Diego County Board of Supervisors b. Attachment “2”—Draft Letter to the State of California Legislature
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DRAFT
Honorable Chair and Members of the San Diego County Board of Supervisors On behalf of the Escondido City Council, we write to respectfully request your consideration of increasing poll worker stipends administered by the San Diego County Registrar of Voters. This request is made in support of election integrity, voter access, and the effective administration of elections countywide.
Poll workers serve as the frontline stewards of our democratic process. They support voter check in, ballot issuance, accessibility services, and the orderly operation of Vote Centers. In San Diego County, most poll workers are classified as volunteers who are compensated through a stipend rather than as employees receiving hourly wages. While this model has long supported civic participation, poll worker stipends have remained largely unchanged for approximately ten years.
During that same period, minimum wage, cost of living, and labor market conditions have changed substantially. These changes have made recruitment and retention of qualified poll workers increasingly difficult, particularly for Special Elections that operate with fewer Vote Centers and higher voter concentration. Staffing constraints directly affect voter wait times, Vote Center efficiency, and the overall voter experience.
The November 4, 2025 Special Election highlighted these challenges. Although the Registrar of Voters operated in compliance with all legal requirements, limited staffing capacity contributed to extended wait times at high demand Vote Centers. These conditions place strain on volunteers, election administrators, and voters alike.
Increasing poll worker stipends would strengthen recruitment, improve training outcomes, and support timely voter service. It would also recognize the essential public service poll workers provide in administering free, fair, and accessible elections.
This request is nonpartisan and rooted in shared democratic values. Investments in election administration are investments in public trust. We respectfully urge the Board of Supervisors to consider adjusting poll worker stipends to reflect current economic conditions and the critical role these volunteers play in maintaining confidence in our electoral system.
Thank you for your leadership and continued commitment to election integrity in San Diego County.
Respectfully,
Dane White
Mayor, City of Escondido
On behalf of the Escondido City Council
Attachment "1"
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DRAFT
Honorable Members of the California State Legislature
On behalf of the Escondido City Council, we respectfully request your consideration of targeted amendments to the California Voters Choice Act to establish consistent Vote Center requirements on Election Day for both Special Elections and Regular Elections.
The Voters Choice Act has expanded voter access through vote by mail, same day registration, and flexible in person voting options. Counties, including San Diego County, have implemented this model in good faith and in compliance with state law. However, recent election experience has demonstrated that statutory disparities between Special and Regular Elections create structural challenges that impact voter experience.
Under current law, General Elections require one Vote Center per 10,000 registered voters on Election Day, while Special Elections require one Vote Center per 30,000 registered voters. This disparity results in significantly fewer Vote Centers during Special Elections, even though voter demand for in person services often remains high. The result can be voter congestion, longer wait times, and operational strain at centrally located Vote Centers.
The November 4, 2025 Special Election in San Diego County provides a clear example. While the Registrar of Voters operated in full compliance with statutory requirements, the reduced number of Vote Centers concentrated in person voting demand and affected voter experience at several locations. These outcomes were not the result of local administrative failure but rather the consequence of the statutory framework governing Special Elections.
Aligning Election Day Vote Center requirements for Special and Regular Elections would provide counties with greater flexibility to meet voter demand, improve accessibility, and reduce congestion.
Such an amendment would strengthen voter confidence, enhance equity across election types, and support the effective administration of elections statewide.
This request is bipartisan and grounded in a shared commitment to democratic participation.
Ensuring that voters have reasonable access and wait times regardless of election type is fundamental to public trust in the electoral process.
]]We respectfully encourage the Legislature to consider amending the California Voters Choice Act to establish consistent Election Day Vote Center requirements for all elections.
Thank you for your continued leadership and commitment to protecting and strengthening democracy in California.
Respectfully,
Dane White
Mayor, City of Escondido
On behalf of the Escondido City Council
Attachment "2"
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STAFF REPORT
February 18, 2026
File Number 0120-10
SUBJECT
BOARD AND COMMISSION TERM EXTENSIONS AND RE-APPOINTMENTS
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Request the City Council (1) extend the terms of certain Board and Commission members until May 31, 2026; and (2) ratify Mayor White’s re-appointments of certain Planning and Building Advisory and Appeals Board members to full term.
Staff Recommendation: Approval (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
BACKGROUND
The terms of certain Board and Commission members are currently scheduled to expire on March 31, 2026. Interviews for prospective applicants were scheduled for March 11, 2026. However, Mayor White will be in Washington, D.C. conducting official City business at that time and will be unable to participate in the interview process.
To ensure a thorough and orderly appointment process, staff recommends extendin g the terms of the following Board and Commission members until May 31, 2026:
Library Board of Trustees – Maribel Cruz Reyes, Francis Bova Public Art Commission – Nathalie Martinez, Patricia Spann, Jacqueline Kelleher Transportation and Community Safety Commission – David Cazares, Rachael Kassebaum Ratification of Mayor White’s re -appointments of the following Board and Commission members to full terms (Planning Commission: 4 -years terms that expire March 31, 2030) and (Building Advisory and Appeals Board: 2-Year terms that expire March 31, 2028):
Building Advisory and Appeals Board – Barry Speer, Mirek Gorny, George Khoury, Scott McColl Planning Commission – Barry Speer, Carrie Mecaro, Corey Gustafson 221
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This limited extension will:
Provide adequate time for current members to determine whether they wish to seek reappointment;
Allow the Mayor and City Council to participate fully in the interview and appointment process; and
Ensure continuity of operations and maintain quorum for Board and Commission meetings scheduled in April and May.
Maintaining full membership is essential to the effective functioning of the City’s Boards and Commissions. These bodies play a critical advisory role to the City Council and must retain sufficient membership to conduct official business without interruption.
In addition, Mayor White respectfully requests that the City Council ratify his re -appointments of members whose terms expire on March 31, 2026 to new full terms on the Building Advisory and Appeals Board and the Planning Commission, as outlined above.
CONCLUSION
It is recommended that the City Council approve the proposed term extensions through May 31, 2026, referenced above, and ratify the Mayor’s recommended re‑appointments as noted. 222
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KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP PROCLAMATION
2/25/2026
PRESENTATION - (D. WHITE) - INFORMATION SESSION ON THE CITY OF ESCONDIDO POLICE DEPARTMENT FIRING RANGE AND CORRESPONDING CONTRACTS CONSENT CALENDAR - (K. SNYDER) – CONTRACT AMENDMENT FOR HOCH ENGINEERING CONSENT CALENDAR - (K. SNYDER) – ACCEPT ENVIRONMENTAL DETERMINATION FOR E. VALLEY PARKWAY / MIDWAY STORM DRAIN IMPROVEMENT PUBLIC HEARING - (K. SNYDER) - REVIEW AND REAFFIRM COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG"), HOME INVESTMENT PARTNERSHIP PROGRAM ("HOME"), AND EMERGENCY SOLUTIONS GRANT ("ESG") PRIORITIES IN THE 2025-2029 CONSOLIDATED PLAN AND APPROVE ALLOCATION PROCESS FOR FISCAL YEAR 2026-2027 FUNDING - Request the City Council conduct a Public Hearing, review and reaffirm the CDBG, HOME, and ESG priorities adopted in the 2025-2029 Consolidated Plan, approve an allocation process for FY 2026-2027 utilizing the maximum allowable allocations for public services and the maximum allowable allocations for administration of the CDBG, HOME, and ESG Programs, and authorize the release of a Request PUBLIC HEARING - (K. SNYDER) - PL24-0157 PARKVIEW TOWNHOMES CONSTRUCTION OF 70 FOR-SALE UNITS 3/4/2026
CONSENT CALENDAR - (K. SNYDER) – APPROVE PROPOSED SAN DIEGO GAS AND ELECTRIC EASEMENTS CITYWIDE CONSENT CALENDAR - (K. SNYDER) – PL25-0363 AUHTORIZATION REQUEST FOR A GENERAL PLAN AMENDMENT FOR HALLMARK COMMUNITIES TO SUBMIT A PRIVATE DEVELOPMENT APPLICATION FOR PURSOSES FOR CONSTRUCTING UP TO 70 SINGLE FAMILY DWELLING UNITS IN THE IMEPERIAL CONSENT CALENDAR - (K. SNYDER) – REQUEST APPROVAL FOR CONTRACT AMENDMENT TO THE CONSULTING AGREEMENT WITH KIMLEY HORN AND ASSOCIATES, INC. FOR THE JOHN MASSON BIKE PARK PROJECT
CONSENT CALENDAR - (D. PETERSON) - AMENDMENT NO. 4 TO THE 2003 RECYCLED WATER SERVICE AGREEMENT BETWEEN THE CITY OF ESCONDIDO, RINCON DEL DIABLO MUNICIPAL WATER DISTRICT, AND SAN DIEGO GAS & ELECTRIC COMPANY - Request the City Council adopt Resolution No. 2026-20, authorizing the Mayor to execute, on behalf of the City of Escondido, the fourth amendment to the 2003 Recycled Water Service Agreement among the City of Escondido, Rincon Del Diablo Municipal Water District, and San Diego Gas and Electric Company (“SDGE”).
CONSENT CALENDAR - (D. PETERSON) - CONTINUING REPAIR OF THE EMERGENCY REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN - Request the City Council adopt Resolution No. 2026-26 declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds that 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.
PUBLIC HEARING - (K. SNYDER) - SUBSTANTIAL AMMENDMENT TO THE 2025-2029 CONSOLIDATED PLAN AND THE 2025-2026 ANNUAL ACTION PLAN PUBLIC HEARING - (K. SNYDER) - PL24-0126 JUNIPER STREET OFFICE RESIDENTIAL CONVERSION FOR 32 UNITS PUBLIC HEARING - (J. SCHOENECK) - SIDEWALK VENDING ORDINANCE CURRENT BUSINESS - (C.HOLMES) - FISCAL YEAR 2025/26 MID-YEAR FINANCIAL STATUS REPORT AND BUDGET ADJUSTMENT REQUEST CURRENT BUSINESS - (K. SNYDER) - PL26-0019 SOUTH CENTRE CITY PARKWAY SPECIFIC PLAN - DRIVE-THROUGH RESTAURANT FEASIBILITY LEVEL OF CURRENT BUSINESS - (S. MCGLYNN) - 211 SAN DIEGO - Request the City Council provide direction on whether or not to formalize a relationship with 211 San Deigo as part of the FY 26/27 Budget.
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