LA MESA CITY COUNCIL AND LA MESA PUBLIC FINANCING AUTHORITY AGENDA
A Regular Meeting of the City Council and a Special Meeting of the La Mesa Public Financing Authority
Date: Tuesday, June 13, 2023, 6:00 p.m.
Location: City Council Chambers, 8130 Allison Avenue
La Mesa, California
Elected
Officials:
Mayor Mark Arapostathis
Vice Mayor Colin Parent
Councilmember Patricia N. Dillard
Councilmember Laura Lothian
Councilmember Jack Shu
City Treasurer Matthew Strabone
Staff: City Manager Greg Humora
City Attorney Glenn Sabine
City Clerk Megan Wiegelman
The City Council meeting may be viewed in-person or live on Cox Cable Channel 24 (within La Mesa City limits), AT&T U-Verse Channel 99 (in the San Diego Region),the City’s website (www.cityoflamesa.us), Facebook Live (www.facebook.com/lamesaca) or using the following Zoom Webinar options:
The public may view the meeting live using the following remote options:
Teleconference Meeting Webinar
https://us06web.zoom.us/j/84472650722
Telephone (Audio only)
(669) 900-6833 or (253) 215-8782 Webinar ID: 844 7265 0722 Copy and paste the webinar link into your internet browser if the webinar link does not work directly from the agenda.
PUBLIC COMMENTS
In-Person comments during the meeting: Join us for the City Council meeting at the time and location specified on this agenda to make your comments. Please complete a “Request to Speak” card and submit it to the Council Hostess. When the Mayor calls your name, step to the podium and state your name for the record. Comments will be limited to three (3) minutes.
•
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Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until 24 hours prior to the meeting. eComments are limited to 500 words. eComments may be viewed by the City Council and members of the public following the close of the eComment submission period (24 hours prior to the meeting). Email your comment to [email protected] if you have difficulty submitting an eComment. eComments will not be read aloud as a regular meeting item; however any member of the Council or member of the public may do so during their respective comment time. •
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Agenda reports for items on this agenda are available for public review at the City Clerk's Office, 8130 Allison Avenue, during normal business hours.
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office, 8130 Allison Avenue, during normal business hours.
ACCESSIBILITY: The City of La Mesa encourages the participation of disabled individuals in the services, activities and programs provided by the City. Individuals with disabilities, who require reasonable accommodation in order to participate in the City Council meetings, should contact the
Administrative Services Department 48 hours prior to the meeting at 619.667.1175, fax 619.667.1163, or [email protected].
Hearing assisted devices are available for the hearing impaired. A City staff member is available to provide these devices upon entry to City Council meetings, commission meetings or public hearings held in the City Council Chambers. A photo i.d. or signature will be required to secure a device for the meeting.
Pages
1. CALL TO ORDER
1.1 INVOCATION - COUNCILMEMBER LOTHIAN
1.2 PLEDGE OF ALLEGIANCE
2. REPORT FROM CLOSED SESSION
3. CITY MANAGER COMMENTS
4. COMMUNITY BULLETIN REPORTS
5. ADDITIONS AND/OR DELETIONS TO THE AGENDA
6. PUBLIC COMMENTS – (TOTAL TIME – 15 MINUTES)
NOTE: In accordance with state law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take any action on the item at this meeting.
If appropriate, the item will be referred to Staff or placed on a future agenda.
7. CONFLICT DISCLOSURES
8. BOARD AND COMMISSION APPOINTMENT
8.1 RESOLUTION APPOINTING MEMBERS TO FILL THE UNSCHEDULED
VACANCIES ON THE COMMUNITY POLICE OVERSIGHT BOARD
7 Staff Reference: Ms. Wiegelman
Recommended Motion:
The Mayor make the appointments to fill the vacancies, with the approval of the Council, and adopt Resolution confirming the appointments.
9. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which members of the Council or audience may pull items from the CONSENT CALENDAR for discussion. Public Comments are also invited on Consent Calendar items.
10. CONSENT CALENDAR
(Items 10.1 through 10.11)
The Consent Calendar includes items considered to be routine. Unless discussion is requested by members of the Council or audience, all Consent Calendar items may be approved by one motion.
Recommended Motion:
Approve Consent Calendar Items 10.1 through 10.11.
10.1 APPROVAL OF MOTION TO WAIVE THE READING OF THE TEXT
OF ALL ORDINANCES AND RESOLUTIONS AT THIS MEETING
Recommended Motion:
Approve.
10.2 NOTICE THAT ALL CITY OF LA MESA ACCOUNTS HELD WITH UNION BANK WERE ABSORBED BY US BANK EFFECTIVE MAY 30,
2023
11 Staff Reference: Ms. Royales
Recommended Motion:
Receive and file.
10.3 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE FY 22
STATE HOMELAND SECURITY GRANT PROGRAM (SHSGP) -
URBAN AREA SECURITY INITIATIVE (UASI) GRANT
12 Staff Reference: Chief Koch
Recommended Motion:
Adopt Resolution.
10.4 RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 2 FOR THE COLLIER PARK RENOVATION, PHASE 2, BID NO. 23-05, TO DE LA FUENTE CONSTRUCTION, INC.
59 Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
10.5 RESOLUTION APPROVING A TASK ORDER TO COMPASS ROSE
GIS FOR AS-NEEDED MAPPING AND GEOGRAPHICAL
INFORMATION SYSTEM SERVICES FOR FISCAL YEAR 2024
64 Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
10.6 RESOLUTION AWARDING A TASK ORDER TO HARRIS AND
ASSOCIATES FOR WASTEWATER UTILITY BILLING, ANNUAL
ADMINISTRATION, AND RELATED SERVICES
74 Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
10.7 RESOLUTION APPROVING A FIRST AMENDMENT TO THE
STANDARD SERVICES AGREEMENT FOR PROFESSIONAL
SERVICES WITH UNIVERSITY OF SAN DIEGO ENERGY POLICY
INITIATIVES CENTER FOR CONSULTANT SERVICES FOR THE
CLIMATE ACTION PLAN AMENDMENT NO. 2 (CAP UPDATE)
85 Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
10.8 RESOLUTION AMENDING SECTION 12.44.130 OF THE LA MESA
MUNICIPAL CODE INSTALLING A DISABLED PERSONS PARKING
SPACE AT 4847 PARKS AVENUE
190
Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
10.9 RESOLUTION AWARDING FOURTH RENEWAL OPTION OF
ANNUAL CONTRACT INCLUDING CPI INCREASE FOR TRAFFIC
SIGNAL MAINTENANCE, EMERGENCY REPAIRS, AND RELATED
CONSTRUCTION SERVICES TO SOUTHWEST TRAFFIC SIGNAL
SERVICE, INC.
194
Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
10.10 RESOLUTION AWARDING A CONTRACT FOR STREET LIGHT
MAINTENANCE AND EMERGENCY REPAIRS TO SOUTHWEST
TRAFFIC SIGNAL SERVICE, INC.
202
Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
10.11 RESOLUTION AWARDING CONTRACT FOR STREET SWEEPING
SERVICES WITH SWEEPING CORPORATION OF AMERICA
209
Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
11. CONSENT CALENDAR - CITY COUNCIL AND LA MESA PUBLIC FINANCING
AUTHORITY
11.1 ACCEPTANCE OF BASIC FINANCIAL STATEMENTS AND
INDEPENDENT AUDITOR'S REPORT FOR THE CITY OF LA MESA
FOR THE YEAR ENDING JUNE 30, 2022
215
Staff Reference: Ms. Royales
Recommended Motion:
Approve.
12. HEARING
12.1 CONSIDERATION OF RESOLUTION CONFIRMING THE REPORT
WITH THE FINAL DETERMINATION OF SEWER SERVICE CHARGES
FOR FISCAL YEAR 2024 TO BE COLLECTED ON THE COUNTY
PROPERTY TAX ROLL
377
Staff Reference: Mr. Throne
Recommended Motion:
Adopt Resolution.
13. COUNCIL COMMITTEE REPORTS (3 MINUTE LIMIT)
14. AB 1234 REPORTS (GC 53232.3 (d))
15. CITY ATTORNEY REMARKS
16. ADJOURNMENT
DATE: June 13, 2023
TO: Mayor and Members of the City Council
FROM: Megan Wiegelman, CMC, City Clerk
VIA: Greg Humora, City Manager
SUBJECT: RESOLUTION APPOINTING MEMBERS TO FILL THE UNSCHEDULED
VACANCIES ON THE COMMUNITY POLICE OVERSIGHT BOARD
On May 23rd, the City Council interviewed applicants who were interested in being appointed to fill the unscheduled vacancies for the Police Beat 3 representative and Older Adult representative on the City’s Community Police Oversight Board. At the Council meeting on June 13th, the Mayor will make the appointment with the approval of the City Council.
Attached is a brief description of the requirements, the number of openings, and the name of the applicants seeking to be appointed.
Staff recommends the Mayor make the appointments to fill the unscheduled vacancies, with the approval of the Council, and adopt the attached resolution confirming the appointments.
Attachments
Community Police Oversight Board: 2 positions – two-year term One appointee will fill the position vacated by Robert Duff whose term expires December 31, 2024, and represents the older adult population.
One appointee will fill the vacant Police Beat 3 seat with term expiring December 31, 2023.
Eleven of the members shall be residents of the City of La Mesa and be comprised as follows: One representative from each of the four police beat areas of the City; One representative of a La Mesa faith-based community; One representative of the La Mesa business community; One adult employee or designee of Helix Charter High School; One adult employee or designee of the La Mesa-Spring Valley School District; One young adult between the ages of 18 to 30; One advocate for people experiencing homelessness, substance abuse, mental health or other social issues; and One senior aged 62 or older
First Appointed Terms
Luke Martin (Police Beat 3 applicant)
William Walton (older adult applicant)
Susan Wayne (older adult applicant)
THE APPLICATIONS ARE AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA APPOINTING
MEMBERS TO FILL THE UNSCHEDULED VACANCIES ON THE COMMUNITY
POLICE OVERSIGHT BOARD
WHEREAS, the Police Beat 3 and Older Adult member seats of the City of La Mesa Community Police Oversight Board are vacant; and
WHEREAS, the list of persons below has been recommended to the City Council for appointment to said City of La Mesa Board.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the following are hereby appointed as members of the City of La Mesa Community Police Oversight Board, with their terms to commence after the oath or affirmation of allegiance for public officers or employees is executed as required by Article XX, Section 3 of the Constitution of the State of California, and to expire on the date stated below, or until their successors are appointed and qualified:
Community Police Oversight Board: 2 appointments
(Name) is appointed as the Police Beat 3 representative with term ending December 31, 2023.
(Name) is appointed as the Older Adult representative with term ending December 31, 2024.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13th day of June 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
DATE: June 13, 2023
TO: Mayor and Members of the City Council
FROM: Tammi Royales, Director of Finance
VIA: Greg Humora, City Manager
SUBJECT: Change in Bank
In December 2022, US Bank acquired Union Bank. As a client of Union Bank, the City of La Mesa was informed that all accounts held with Union Bank would be absorbed by US Bank effective May 30, 2023. This memo serves as notice that the City of La Mesa now banks with US Bank for it’s daily financial needs.
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: June 13, 2023
SUBJECT: RESOLUTION AUTHORIZING ACCEPTANCE AND
APPROPRIATION OF FY 22 STATE HOMELAND SECURITY
GRANT PROGRAM (SHSGP) – URBAN AREA SECURITY
INITIATIVE (UASI)
ISSUING DEPARTMENT: Fire
SUMMARY:
Issues:
Should the City Council accept the FY 22 SHSGP—UASI grant of $34,365? Recommendation:
That the City Council:
Adopt a resolution to accept the FY 22 State Homeland Security UASI Grant and appropriate the amount of the award.
Authorize the City Manager or designee to execute any grant documents and agreements necessary for the receipt and use of these funds.
Fiscal Impact:
Funds will be appropriated to the FY 2023-2024 and/or FY 2024-2025 budgets to grant fund 213. There are no matching funds required for this grant.
City’s Strategic Goals:
Safe community
Maintain a financially sound and affordable city government
Report to Mayor and Councilmembers
Date: June 13, 2023
Page: 2 of 2
BACKGROUND:
The FY 22 SHSGP plays an important role in the implementation of Presidential Policy Directive – 8 by supporting the development and sustainment of core capabilities to fulfill the National Preparedness Goal. The UASI Training Participation portion of this program supports the implementation of State Homeland Security Strategies to address training and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. The City of La Mesa has been allocated $34,365 in total, as outlined below:
Fire
Goal 3 Training, Exercises and Conferences (Project 022) - $15,500 These funds are for tuition and staffing reimbursement costs for selected UASI-sponsored training and exercises for fire personnel.
Police
Goal 3 Training, Exercises and Conferences (Project 022) - $18,865 These funds are for tuition and staffing reimbursement costs for selected UASI-sponsored training, exercises, and conferences for police personnel.
These funds will be used by the Police and Fire Departments for the projects listed above or as indicated by modifications to the grant.
CONCLUSION:
Staff recommends that the City Council adopt a resolution to accept the FY 22 State Homeland Security UASI Grant and appropriate the amount of the award. Further, staff recommends that the City Council authorize the City Manager or designee to execute any grant documents and agreements necessary for the receipt and use of these funds.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Bent Koch
City Manager Fire Chief
Attachments: A. Resolution
B. FY 22 Grant Agreement and MOU
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING THE ACCEPTANCE OF THE FY 22 STATE HOMELAND
SECURITY GRANT PROGRAM (SHSGP) – URBAN AREA SECURITY INITIATIVE (UASI) GRANT
___________________________________________________________________ NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, that the City Council authorizes the acceptance of the FY 22 SHSGP–UASI grant offered by the Department of Homeland Security in the amount of $34,365; provided however, that if the actual revenue received from the source specified should be more or less than the amount set forth herein, that the appropriations shall be adjusted to equal the amount actually received.
BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute any grant documents and agreements necessary for the receipt and use of these funds.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13th day of June 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
FY 22 UASI – SUBRECIPIENT Page 1 of 20 September 1, 2022
AGREEMENT BETWEEN THE CITY OF
SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE
___________________________________
FOR THE DISTRIBUTION OF FY 2022 UASI GRANT FUNDS
THIS AGREEMENT is made this day of __________________, 2023 in the City and County of San Diego, State of California, by and between the _____________________________(“SUBRECIPIENT") and the CITY OF SAN DIEGO, a municipal corporation (“San Diego" or "City"), in its capacity as fiscal agent for the Approval Authority, as defined below, acting by and through the San Diego Office of Emergency Services (“SD OES”), also referred to as the San Diego Office of Emergency Services (“SD OES”).
RECITALS
WHEREAS, The United States Department of Homeland Security (“DHS”) designated San Diego as an eligible high risk urban area through an analysis of relative risk of terrorism, the San Diego Urban Area (“SDUA”) was established for the purpose of application for and allocation and distribution of federal Urban Areas Security Initiative (“UASI”) program grant funds; and WHEREAS, The Urban Area Working Group (“UAWG”), a collaborative subcommittee established by the San Diego County Unified Disaster Council, was established as the Approval Authority for the SDUA, to provide overall governance of the homeland security grant program across the SDUA, to coordinate development and implementation of all UASI program initiatives, and to ensure compliance with all UASI program requirements; and
WHEREAS, The City of San Diego Office of Emergency Services (“SD OES”), as the “core city” for the SDUA, will serve as the chair and the UASI Grant Administrator, and SD OES Program Manager is responsible for implementing and managing the policy and program decisions of the Approval Authority, directing the work of the UASI Management Team personnel, and performing other duties as determined and directed by the Approval Authority, and
WHEREAS, San Diego has been designated as the grantee for UASI funds granted by the DHS through the California Office of Emergency Services (“Cal OES”) to the SDUA, with responsibility to establish procedures and execute subgrant agreements for the distribution of UASI program grant funds to jurisdictions selected by the Approval Authority to receive grant funding; and WHEREAS, San Diego has been designated to serve as the fiscal agent for the Approval Authority, and to establish procedures and provide all financial services for distribution of UASI program grant funds within the SDUA; and
WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPIENT on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
CITY OF LA MESA
CITY OF LA MESA
FY 22 UASI – SUBRECIPIENT Page 2 of 20 September 1, 2022 ARTICLE 1
DEFINITIONS
1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether singular or plural) shall have the meanings set forth below:
(a) “ADA” shall mean the Americans with Disabilities Act (including all rules and regulations there under) and all other applicable federal, state and local disability rights legislation, as the same may be amended, modified or supplemented from time to time. (b) “Authorized Expenditures” shall mean expenditures for those purposes identified and budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification. (c) “Event of Default” shall have the meaning set forth in Section 7.1. (d) “Fiscal Quarter” shall mean each period of three calendar months commencing on July 1, October 1, January 1, and April 1, respectively.
(e) “Grant Funds” shall mean any and all funds allocated or disbursed to SUBRECIPIENT (UEI #: YZG4GLD1LTA1) under this Agreement. This Agreement shall specifically cover funds allocated or disbursed from Cal OES Grant No. 2022-0043, Cal OES ID No. 073-66000, CFDA No. 97.067, per Cal OES award notice dated October 24, 2022.
(f) “Grant Plan” shall mean the plans, performances, events, exhibitions, acquisitions or other activities or matter, and the budget and requirements, described in the approved Financial Management Forms Workbook (FMFW). If SUBRECIPIENT requests any modification to the Grant Plan, SUBRECIPIENT shall submit a written request to the SD OES Program Manager with the following information: Scope of change requested, reason for change, proposed plan for change, summary of approved and requested modifications to the Grant Plan, and any necessary approvals in support of change (e.g., EHP).
(g) “Indemnified Parties” shall mean: (i) San Diego, including all commissions, departments including OES, agencies, and other subdivisions of San Diego; (ii) San Diego’s elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities acting on behalf of the foregoing.
(h) “Losses” shall mean any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal fees and expenses and costs of investigation, of prosecuting or defending any Loss described above) whether or not such Loss be founded or unfounded, of whatsoever kind and nature. (i) “Reimbursement Request” shall have the meaning set forth in Section 3.10(a). (j) “Simplified Acquisition Threshold” means the dollar amount below which a nonFederal entity may purchase property or services using small purchase methods. (k) “UASI Management Team” shall mean The SD OES Program Manager, Program Coordinator, as well as project, grant, and administrative staff. The Program Manager appoints members to the Management Team to implement the policies of the UAWG. (l) “Pass-through entity” shall mean a non-Federal entity that provides a sub award to a subrecipient to carry out part of a Federal Program.
FY 22 UASI – SUBRECIPIENT Page 3 of 20 September 1, 2022
1.2 Additional Terms. The terms “as directed,” “as required” or “as permitted” and similar terms shall refer to the direction, requirement, or permission of City. The terms “sufficient,” “necessary” or “proper” and similar terms shall mean sufficient, necessary or proper in the sole judgment of City. The terms “approval,” “acceptable” or “satisfactory” or similar terms shall mean approved by, or acceptable or satisfactory to, City. The terms “include,” “included” or “including” and similar terms shall be deemed to be followed by the words “without limitation.” The use of the term “subcontractor,” “successor” or “assign” herein refers only to a subcontractor, successor or assign expressly permitted under Article 8.
1.3 References to this Agreement. References to this Agreement include: (a) any and all appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations or other documents expressly incorporated by reference herein; and (c) any and all amendments, modifications or supplements hereto made in accordance with Section 10.2. References to articles, sections, subsections or appendices refer to articles, sections or subsections of or appendices to this Agreement, unless otherwise expressly stated. Terms such as “hereunder,” “herein” or “hereto” refer to this Agreement as a whole.
1.4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction shall mean that statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction as is currently in effect and as may be amended, modified or supplemented from time to time.
ARTICLE 2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON SAN DIEGO’S OBLIGATIONS
2.1 Risk of Non-Allocation of Grant Funds. This Agreement is subject to all federal and state grant requirements and guidelines, including DHS and Cal OES requirements, guidelines, information bulletins, and instructions, the decision-making of the Cal OES and the Approval Authority, the terms and conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal provisions of the San Diego City Charter. The Approval Authority shall have no obligation to allocate or direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements.
SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall have no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully and finally executed this Agreement. SUBRECIPIENT acknowledges and agrees that if it takes any action, informal or formal, to appropriate, encumber or expend Grant Funds before final allocation decisions by Cal OES and the Approval Authority, and before this Agreement is fully and finally executed, it assumes all risk of possible non-allocation or non-reimbursement of funds, and such acknowledgement and agreement is part of the consideration of this Agreement.
2.2 Certification of Controller; Guaranteed Maximum Costs. No funds shall be available under this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as set forth in Section 39 of the City of San Diego City Charter:
“No contract, agreement, or other obligation for the expenditure of public funds shall be entered into by any officer of the City and no such contract shall be valid unless the Chief Financial Officer shall certify in writing that there has been made an appropriation to cover the expenditure and that there remains a sufficient balance to meet the demand thereof.”
FY 22 UASI – SUBRECIPIENT Page 4 of 20 September 1, 2022 ARTICLE 3
PERFORMANCE OF THE AGREEMENT
3.1 Duration of Term. The term of this Agreement shall commence on SEPTEMBER 1, 2022 and shall end at 11:59 p.m. San Diego time on MAY 31, 2025.
3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder exceed the amount awarded under the SUBRECIPIENT Award letter (Appendix A), Training and Exercise Participation Award Letter and/or approved modification. The City will not automatically transfer Grant Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT must submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT.
3.3 Use of Funds.
(a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not permit any federal employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections 1.1(f) and 10.2 of this Agreement, SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for modification until the SD OES Program Manager or designee has provided written approval for the request. In addition, if the modification request requires approval from the Approval Authority and/or Cal OES, as determined by the SD OES Program Manager, SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification request without approval from the Approval Authority and/or Cal OES. (c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds, and not replace (supplant) funds that have been appropriated for the same purpose. (d) Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consistent with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals, objectives, milestones and deliverables in this Agreement. (e) Subawards. SUBRECIPENT is not an authorized pass-through entity and is not authorized to make any subawards of Grant Funds.
3.4 Grant Assurances; Other Requirements; Cooperation with Monitoring. (a) SUBRECIPIENT shall comply with all Grant Assurances included in Appendix B, attached hereto and incorporated by reference as though fully set forth herein. (b) In addition to complying with all Grant Assurances, SUBRECIPIENT shall comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority. SUBRECIPIENT shall require and ensure that all contractors and other entities receiving Grant Funds from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders,
FY 22 UASI – SUBRECIPIENT Page 5 of 20 September 1, 2022 requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority.
(c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of San Diego and the UASI Management Team, as they may from time to time exist, related to evaluation, planning and monitoring of the Grant Plan and compliance with this Agreement. SUBRECIPIENT shall cooperate in good faith with San Diego and the UASI Management Team in any evaluation, inspection, planning or monitoring activities conducted or authorized by DHS, Cal OES, San Diego or the UASI Management Team. For ensuring compliance with non-supplanting requirements, upon request by City or the UASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction of non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds.
3.5 Administrative, Programmatic and Financial Management Requirements. SUBRECIPIENT shall establish and maintain administrative, programmatic and financial management systems and records in accordance with federal and State of California requirements. This provision requires, at a minimum, that SUBRECIPIENT comply with the following non-exclusive list of regulations commonly applicable to DHS grants, as applicable to this Agreement and the Grant Plan:
(a) Administrative Requirements:
1. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).
(b) Cost Principles:
1. 2 CFR Part 200, Subpart E - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133);
2. Federal Acquisition Regulations (FAR), Part 31.2 Contract Principles and Procedures, Contracts with Commercial Organizations.
(c) Audit Requirements:
1. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).
3.6 Technology Requirements.
(a) National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all awards of Grant Funds.
(b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies, which can capture, store, analyze, transmit and/or display location-based information (i.e., information linked to a latitude and longitude), and to align any geospatial activities with the guidance available on the Federal Emergency Management Agency (“FEMA”) website.
(c) Criminal Intelligence Systems Operating Policies. Any information technology system funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies, if applicable.
FY 22 UASI – SUBRECIPIENT Page 6 of 20 September 1, 2022 (d) SUBRECIPIENT is encouraged to use the DHS guidance in Best Practices for Government Use of CCTV: Implementing the Fair Information Practice Principles, if Grant Funds are used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV systems.
3.7 Procurement Requirements.
(a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements as long as those requirements comply with all applicable federal and State of California statutes, regulations, requirements, policies, guides, guidelines and instructions. (b) Contract Provisions. All contracts made by the SUBRECIPIENT using Grant Funds must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contract Under Federal Awards). 2C.F.R. § 200.326. (b) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable communication equipment, SUBRECIPIENT shall consult DHS’s SAFECOM’s coordinated grant guidance, which outlines standards and equipment information to enhance interoperable communication.
If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning.
(c) Bond Requirement. SUBRECIPIENT shall obtain a performance bond for any equipment items over the simplified acquisition threshold (2C.F.R. § 200.88) or any vehicle, aircraft or watercraft financed with Grant Funds.
(d) Non-Competitive Procurement Requirements. UASI Management Team prior approval is required for any procurement made without advertisement or a competitive process or single response to a request for proposal/bid, regardless of dollar amount, this includes sole source procurements.
SUBRECIPIENT shall submit a Non-Competitive Procurement Authorization request to the UASI Management Team for approval prior to expending any grant funds. Additionally, SUBRECIPT shall submit a Non-Competitive Procurement Request to the UASI Management Team for CalOES approval for any non-competitive procurement over the simplified acquisition threshold (2C.F.R. § 200.88). (e) Federal Schedules. SUBRECIPENT shall submit a Federal Schedule Procurement Authorization request to the UASI Management Team for approval to procure using the Federal supply schedule, prior to expending any grant funds.
(f) Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services. SUBRECIPIENT and any contractor or subcontractor shall comply with the restrictions on procurement of certain telecommunications and video surveillance products as described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200.
3.8 Contractor Requirements.
(a) SUBRECIPIENT shall ensure and independently verify that any contractor or other entity receiving Grant Funds from SUBRECIPIENT is not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, under Executive Orders 12549 and 12689, as
FY 22 UASI – SUBRECIPIENT Page 7 of 20 September 1, 2022 implemented at 2 CFR Part 3000. SUBRECIPIENT shall obtain documentation of eligibility before disbursing Grant Funds to any contractor or other entity. SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall establish procedures for the effective use of the “Excluded Parties List System,” to assure that it does not provide Grant Funds to excluded parties.
SUBRECIPIENT shall also establish procedures to provide for effective use and/or dissemination of the list to assure that its contractors, at any tier do not make awards in violation of the non-procurement debarment and suspension common rule.
(b) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New Restrictions on Lobbying; and
(c) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of 2 CFR Part 3001, Requirements for Drug-Free Workplace (Financial Assistance).
3.9 Monitoring Grant Performance.
(a) City and the UASI Management Team are both authorized to perform periodic monitoring reviews of SUBRECIPIENT’s performance under this Agreement, to ensure that the Grant Plan goals, objectives, performance requirements, timelines, milestone completion, budgets and other criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a combination of desk-based reviews and on-site monitoring visits, inspection of records, and verifications of grant activities. These reviews will involve a review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. The reviews may include, but are not limited to:
1. Evaluating eligibility of expenditures;
2. Comparing actual grant activities to those approved by the Approval Authority and specified in the Grant Plan;
3. Ensuring that any advances have been deposited in an interest bearing account and disbursed in accordance with applicable guidelines; and
4. Confirming compliance with: Grant Assurances; information provided on performance reports and payment requests; and needs and threat assessments and strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement includes but is not limited to mandatory on-site verification visits. (c) If after any monitoring review, the DHS or Cal OES makes findings that require a Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests from SUBRECIPIENT until the findings are resolved.
3.10 Disbursement Procedures. San Diego shall disburse Grant Funds to SUBRECIPIENT as follows:
(a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified for notices pursuant to Article 9, a document ("Reimbursement Request") substantially in the form attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein.
FY 22 UASI – SUBRECIPIENT Page 8 of 20 September 1, 2022 The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any Reimbursement Request.
(b) The UASI Management Team will review all Reimbursement Requests for compliance with this Agreement and all applicable guidelines and requirements. The UASI Management Team will return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request. (d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is in all respects acceptable to the UASI Management Team. (e) If SUBRECIPIENT is not in compliance with any provision of this Agreement, City may withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently complies with all terms and conditions of the Agreement.
3.11 Disallowance. SUBRECIPIENT agrees that if it claims or receives reimbursement from City for an expenditure that is later disallowed by the State of California or the federal government, SUBRECIPIENT shall promptly refund the disallowed amount to City upon City’s written request. At its option, City may offset all or any portion of the disallowed amount against any other payment due to SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT’s obligation hereunder to refund the remainder of the disallowed amount.
3.12 Sustainability. Grant Funded programs that contain continuing personnel and operating expenses, over and above planning and implementation costs, must be sustained once the Grant Funding ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life of equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and agrees that this sustainability requirement is a material term of the Agreement.
3.13 EHP Requirements.
(a) Grant Funded projects must comply with the federal Environmental and Historic Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews and approved the project. Examples of projects that may impact EHP resources include: communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of any project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project information to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review, and to prepare any documents requested for the review. SUBRECIPIENT shall comply with all conditions placed on the project as the result of the EHP review, and implement any treatment or mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the UASI Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing documents and/or implementing treatment or mitigation measures. Any change to the approved project scope of work will require re-evaluation for compliance with EHP requirements. If ground disturbing activities occur during project implementation, SUBRECIPIENT shall notify the UASI Management Team and ensure monitoring of ground disturbance. If any potential archeological resources are discovered, SUBRECIPIENT shall immediately cease construction in that area and notify the UASI Management Team, which will notify the appropriate State Historic Preservation Office. If
FY 22 UASI – SUBRECIPIENT Page 9 of 20 September 1, 2022 SUBRECIPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall complete its Federal Communication Commission (“FCC”) EHP process before preparing its Cal OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission. (b) Any construction or other project that SUBRECIPIENT initiates without the necessary EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that may be placed on the project as the result of FEMA’s and/or Cal OES's EHP review will result in the denial of Reimbursement Requests.
3.14 National Energy Conservation Policy and Energy Policy Acts. SUBRECIPIENT shall comply with the following requirements:
(a) Grant Funds may not be used in contravention of the Federal buildings performance and reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation Policy Act (42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and (b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of 1992 (42 USC §13212).
3.15 Royalty-Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royaltyfree, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b) any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights that arise from, or are purchased with, Grant Funds.
3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or developed under this Agreement prominently contain the following statement: “This document was prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate (FEMA/GPD) within the US Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the US Department of Homeland Security.”
3.17 Performance Period. SUBRECIPIENT shall ensure that hard copies of all reimbursement requests and supporting documentation will be submitted to the UASI Management Team postmarked no later than the Reimbursement Claim Due Date identified in the Subrecipient Award Letter (Attachment A). Extension requests may be granted based on extenuating circumstances beyond the control of the subrecipient and must be made via the Performance Period Extension Request Form (Appendix D).
Requests must contain specific and compelling justifications as to why an extension is required and must be submitted 30 days prior to the current deadline.
ARTICLE 4
REPORTING REQUIREMENTS; AUDITS
4.1 Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner, financial, operational and other reports, as requested by the UASI Management Team, in form and substance satisfactory to the UASI Management Team. Such reports, including any copies, shall be submitted on recycled paper and printed on double-sided pages, to the maximum extent possible.
4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the UASI Management Team and City immediately of (a) any Event of Default or event that, with the
FY 22 UASI – SUBRECIPIENT Page 10 of 20 September 1, 2022 passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause any of the representations or warranties contained in Article 5 to be false or misleading at any time during the term of this Agreement; and (c) any change of circumstances or events that would cause SUBRECIPIENT to be out of compliance with the Grant Assurances in Appendix B.
4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial books and accounting records relating to Authorized Expenditures and to Grant Funds received and expended under this Agreement, together with all invoices, documents, payrolls, time records and other data related to the matters covered by this Agreement, whether funded in whole or in part with Grant Funds. SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than three (3) years after expiration of this Agreement or until any final audit by Cal OES has been fully completed, whichever is later.
4.4 Inspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team, and to UASI Management Team and City employees and authorized representatives, during regular business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be established and maintained by SUBRECIPIENT under Section 4.3, and allow access and the right to examine those items. SUBRECIPIENT shall permit the UASI Management Team and City, and UASI Management Team and City employees and authorized representatives, to inspect, audit, examine and make excerpts and transcripts from any of the foregoing. The rights of the UASI Management Team and City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to maintain such files, records, books, invoices, documents, payrolls and other data under this Article 4. The DHS, the Comptroller General of the United States or designee, and Cal OES shall have the same inspection and audit rights as the City and UASI Management Team. SUBRECIPIENT shall cooperate with any federal or state audit.
4.5 Audit Report. If the amount specified in Section 3.2 of this agreement is $750,000 or more, SUBRECIPIENT shall submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with GAO’s Government Auditing Standards, and 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. SUBRECIPIENT shall submit its audit report to the UASI Management Team no later than six months after the end of SUBRECIPIENT’s fiscal year.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all times throughout the term of this Agreement:
5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the UASI Management Team in connection with this Agreement, any Reimbursement Request or any other document relating to any of the foregoing, contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made.
5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies that it is eligible to receive federal funds, and specifically certifies as follows:
FY 22 UASI – SUBRECIPIENT Page 11 of 20 September 1, 2022 (a) SUBRECIPIENT is not suspended, debarred or otherwise excluded from participation in federal assistance programs, as required by Executive Order 12549 and 12689, “Debarment and Suspension” and implemented at 2 CFR Part 3000.
(b) SUBRECIPIENT complies with 31 U.S.C. §1352, Limitation on use of appropriated funds to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6 CFR Part 9.
(c) SUBRECIPIENT complies with the Drug-Free Workplace Act of 1988, as amended, 41 U.S.C. §701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug-free workplace as required under that Act and implementing regulations. (d) SUBRECIPIENT is not delinquent in the repayment of any federal debt. See OMB Circular A-129.
SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material terms of the Agreement.
5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National Incident Management System ("NIMS") compliance requirements. By executing this Agreement, SUBRECIPIENT certifies that it is in full NIMS compliance. SUBRECIPIENT acknowledges that this certification is a material term of the Agreement.
ARTICLE 6
INDEMNIFICATION AND GENERAL LIABILITY
6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by SUBRECIPIENT’s performance of this Agreement, including, but not limited to, the following: (a) a material breach of this Agreement by SUBRECIPIENT; (b) a material breach of any representation or warranty of SUBRECIPIENT contained in this Agreement; (c) any personal injury or death caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (d) any loss of or damage to property caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (e) the use, misuse or failure of any equipment or facility used by SUBRECIPIENT, or by any of its employees or agents, regardless of whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by an Indemnified Party; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under Section 10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right or trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or services furnished by SUBRECIPIENT or its employees or agents to such Indemnified Party in connection with this Agreement. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and San Diego’s costs of investigating any claims against San Diego.
6.2 Duty to Defend; Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of Section 6.1, regardless of whether the allegations asserted in connection with such Loss are or may be groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the Indemnified Party and continues at all times thereafter. The Indemnified Party shall give SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such
FY 22 UASI – SUBRECIPIENT Page 12 of 20 September 1, 2022 Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of interest between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBRECIPIENT’s ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in liability with respect thereto.
6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT’s acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any Indemnified Party may have under applicable law with respect to such damages.
6.4 LIMITATION ON LIABILITY OF SAN DIEGO. CITY’S OBLIGATIONS UNDER THIS
AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION
CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION
RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF
WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE
7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Agreement:
(a) False Statement. Any statement, representation, certification or warranty contained in this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI Management Team or to City under this Agreement is found by the UASI Management Team or by City to be false or misleading.
(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and when performance or observance is due and such failure or breach continues for a period of ten (10) days after the date on which such performance or observance is due. (c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. SUBRECIPIENT(i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT’s property or (v) takes action for the purpose of any of the foregoing. (e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian,
FY 22 UASI – SUBRECIPIENT Page 13 of 20 September 1, 2022 receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to any substantial part of SUBRECIPIENT’s property, (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or (iii) ordering the dissolution, winding-up or liquidation of SUBRECIPIENT.
7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City may do any of the following, individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by giving a written termination notice to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted and approved by the UASI Management Team and by City prior to the date of termination specified in such notice.
(b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a Reimbursement Request or whether the UASI Management Team and/or City has approved the disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events of Default shall be disbursed without interest.
(c) Return of Grant Funds. City may demand the immediate return of any previously disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of this Agreement, together with interest thereon from the date of disbursement at the maximum rate permitted under applicable law.
7.3 Termination for Convenience.
(a) City shall have the option, in its sole discretion, to terminate this Agreement, at any time during the term hereof, for convenience and without cause. City shall exercise this option by giving SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination shall become effective.
(b) Upon receipt of the notice, SUBRECIPIENT shall commence and perform, with diligence, all actions necessary on the part of SUBRECIPIENT to effect the termination of this Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to third parties as a result of termination. All such actions shall be subject to the prior approval of the UASI Management Team.
(c) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the UASI Management Team an invoice for all Authorized Expenses incurred through the termination date.
For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team as specified in subparagraph (b).
(d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its contractors after the termination date specified by City. (e) City’s payment obligation under this Section shall survive termination of this Agreement.
FY 22 UASI – SUBRECIPIENT Page 14 of 20 September 1, 2022
7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The remedies contained herein are in addition to all other remedies available to City at law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any way be deemed to waive any other remedy.
ARTICLE 8
ASSIGNMENTS
8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly, assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the interest of SUBRECIPIENT involuntarily or by operation of law without the prior written consent of City. A change of ownership or control of SUBRECIPIENT or a sale or transfer of substantially all of the assets of SUBRECIPIENT shall be deemed an assignment for purposes of this Agreement.
8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1 shall confer no rights on any person or entity and shall automatically be null and void.
8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for the performance by any contractor, or assignee of all of the covenants, terms and conditions in this Agreement.
ARTICLE 9
NOTICES AND OTHER COMMUNICATIONS
9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests and other communications hereunder shall be in writing, shall be addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class, certified with return receipt requested and with appropriate postage, (b) hand delivered or (c) sent via facsimile (if a facsimile number is provided below):
If to City of San Diego Office of Emergency Services UASI Management Team:
San Diego Office of Emergency Services
9601 Ridgehaven Court, MS 1101C
San Diego, CA 92123
Attn: Megan Beall, Program Manager
Facsimile No.: (619) 533-6786
If to SUBRECIPIENT:
OFFICE
ADDRESS
CITY, STATE, ZIP
ATTN
FACSIMILE
9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt, City of La Mesa
8054 Allison Avenue
La Mesa, CA 91942
Fire Chief and Grants Manager
(619) 667-4161
FY 22 UASI – SUBRECIPIENT Page 15 of 20 September 1, 2022 completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized agent of the party to whom the notice was sent; or (c) if sent via facsimile, the date of telephonic confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report of the party giving such notice.
9.3 Change of Address. From time to time any party hereto may designate a new address or recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI Management Team.
ARTICLE 10
MISCELLANEOUS
10.1 No Waiver. No waiver by San Diego of any default or breach of this Agreement shall be implied from any failure by the UASI Management Team or San Diego to take action on account of such default if such default persists or is repeated. No express waiver by San Diego shall affect any default other than the default specified in the waiver and shall be operative only for the time and to the extent therein stated.
Waivers by San Diego of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the UASI Management Team of any action requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act.
10.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement; provided, however, that the Program Manager or designee may establish alternate procedures for modification of the Grant Plan.
10.3 Governing Law; Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Diego.
10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by this Agreement.
10.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.
10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and supersedes all other oral or written provisions. The following Appendices are attached to and a part of this Agreement:
Appendix A, SUBRECIPIENT Award Letter
Appendix B, Grant Assurances
Appendix C, Form of Reimbursement Request
Appendix D, Performance Period Extension Request
10.7 Certified Resolution of Signatory Authority. Upon request of San Diego, SUBRECIPIENT shall deliver to San Diego a copy of the corporate resolution(s) authorizing the execution, delivery and
FY 22 UASI – SUBRECIPIENT Page 16 of 20 September 1, 2022 performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of SUBRECIPIENT.
10.8 Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
10.9 Successors; No Third-Party Beneficiaries. Subject to the terms of Article 8, the terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity (other than the parties hereto and their respective successors and assigns and, in the case of Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions or provisions contained herein.
10.10 Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following provisions of this Agreement shall survive and continue following expiration or termination of this Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B.
10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement and to carry out the purpose of this Agreement in accordance with this Agreement.
10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or organizations receiving federal funds is now required. As defined by the Office of Management and Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA reporting requirements. The Transparency Act definition of “Federal awards” includes not only prime awards for grantees, cooperators, and contractors, but also awards to sub-recipients. If applicable, SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days of receipt of this Agreement.
1. The Total compensation and names of the top five executives if:
a) 80% or more of annual gross revenues are from Federal awards (contracts, sub-contracts and Federal financial assistance), and $25,000,000 or more in annual gross revenues from Federal awards; and,
b) Compensation information is not already available through reporting to the Securities and Exchange Commission.
10.13 Cooperation with UASI Programs and Activities.
(a) Subject to reasonable terms and conditions, SUBRECIPIENT agrees to participate in UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of such exercises.
FY 22 UASI – SUBRECIPIENT Page 17 of 20 September 1, 2022 (b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant Funds.
(c) To appropriately recognize the regional collaborative nature of grant funded planning projects, all groups, individuals and jurisdictions who contributed to and/or participated in the planning process shall be properly and clearly acknowledged in the final deliverable.
ARTICLE 11
INSURANCE
11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT’s liability pursuant to Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the Agreement, insurance in the following amounts and coverages:
(a) Workers’ Compensation, in statutory amounts, with Employers’ Liability Limits not less than $1,000,000 each accident, injury, or illness; and (b) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and (c) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, NonOwned and Hired auto coverage, as applicable.
11.2 Additional Requirements for General and Automobile Coverage. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additional Insured the City and County of San Diego, its Officers, Agents, and Employees.
(b) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought.
11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers’ Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss.
SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors.
11.4 Additional Requirements for All Policies. All policies shall provide thirty days’ advance written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason.
Notices shall be sent to the City address in Article 9, Notices and Other Communications.
11.5 Required Post-Expiration Coverage. Should any of the required insurance be provided under a claims-made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the
FY 22 UASI – SUBRECIPIENT Page 18 of 20 September 1, 2022 effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies.
11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.
Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above.
11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement, requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion, until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement effective on the date of such lapse of insurance.
11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.
11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of SUBRECIPIENT hereunder.
11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Diego, its officers, agents and employees and the SUBRECIPIENT as additional insureds.
11.11 Authority to Self-Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from selfinsuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide proof of self-insurance, in a form acceptable to San Diego, in the amounts of each line of self-insurance.
ARTICLE 12
COMPLIANCE
12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee, San Diego employee working with SUBRECIPIENT, applicant for employment with SUBRECIPIENT, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.
12.2 Conflict of Interest. Through its execution of this Agreement, SUBRECIPIENT acknowledges that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California, and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will immediately notify City if it becomes aware of any such fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in
FY 22 UASI – SUBRECIPIENT Page 19 of 20 September 1, 2022 writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or involving the use of Grant Funds.
12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs, services and other activities provided by a public entity to the public, whether directly or through a grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate against any person protected under the ADA in connection with all or any portion of the Grant Plan and shall comply at all times with the provisions of the ADA.
12.4 Compliance with Assembly Bill 481 Assembly Bill 481 (AB-481), codified in California Government Code sections 7070 – 7075, requires law enforcement agencies to obtain approval of the applicable governing body (Mayor, City Council, Board of Supervisors, etc.) by adoption of a military equipment use policy, prior to acquiring, seeking funding for, continuing to use, or collaborating with another law enforcement agency in the use of military equipment, as defined. AB-481 also requires publication of a military equipment use procedure and the annual military equipment report on the Agency’s website.
By accepting grant funds, SUBRECIPIENT acknowledges and certifies compliance with AB-481.
FY 22 UASI – SUBRECIPIENT Page 20 of 20 September 1, 2022 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein.
CITY OF SAN DIEGO: SUBRECIPIENT:
By: By:
______________________________________ _______________________________________
MEGAN BEALL SUBRECIPIENT
PROGRAM MANAGER
OFFICE OF EMERGENCY SERVICES
Federal Tax ID #:
Approved as to Form:
Mara W. Elliott
City Attorney
By: ___________________________________
Deputy City Attorney
CITY OF LA MESA
GREG HUMORA
CITY MANAGER
95-6000731
FY 22 UASI – SUBRECIPIENT A-1 September 1, 2022
Appendix A — SUBRECIPIENT Award Letter
FY 22 UASI – SUBRECIPIENT A-2 September 1, 2022 Page 36 of 382 FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreementshall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
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(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non‐federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and (e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (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 undersigned shall complete and submit Standard Form‐LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and discloseaccordingly.
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The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three‐year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three‐year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non- discrimination, including:
FY2022 HSGP Standard Assurances
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(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88‐352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681‐1683, and 1685‐1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101‐ 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101‐6107), whichprohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abusetreatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground‐ floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employmentdecisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion,sex,sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
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(k) DHS policy to ensure the equal treatment of faith‐based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) thatmay apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California EnvironmentalQuality Act(CEQA)(California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines(California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act(CWA) (33 U.S.C. § 1251 etseq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
FY2022 HSGP Standard Assurances
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(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91‐190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low‐income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazardsin floodplainsin accordance with ExecutiveOrder 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation ofwetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93‐523); (j) The Endangered Species Act of 1973, (P.L. 93‐205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (l) Conformity of Federal Actionsto State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
FY2022 HSGP Standard Assurances
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8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
FY2022 HSGP Standard Assurances
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14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis‐Bacon Act (40 U.S.C. §§ 276a to 276a‐7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327‐333), regarding labor standardsfor federally‐assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees ofinstitutes of higher learning (IHE), hospitals and other non‐profit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91‐646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally‐assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93‐234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
FY2022 HSGP Standard Assurances
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(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a‐1 et seq.); and
(d) Comply with the Lead‐Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead‐based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and
(c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
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20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) – PROGRAM
SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.
24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
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25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.
The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhsstandard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Applicant:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
City of La Mesa
Greg Humora
City Manager
Grant: FY22 UASI Grant #2022-0043
CalOES #073-66000 CFDA #97.067
Supporting Information for Cash Request
Cash Request # through
Cash Request Amount Unique Entity ID (UEI)#
Under Penalty of Perjury I certify that:
Printed Name: Phone Number:
Title: Email Address:
Mailing Address:
Remittance Address:
Signature Date:
Mail Reimbursement Request To:
City of San Diego Office of Emergency Services
Grants Management Section
9601 Ridgehaven Ct, MS 1101C
San Diego, CA 92123
The representations, warranties and certifications made in the Agreement are true and correct in all material respects as if made on the date hereof, and SUBRECIPIENT is in compliance with all Grant Assurances in Appendix B of the Agreement. Futhermore, by signing this report, SUBRECIPIENT certifies to the best of their knowledge and belief that the report is true, complete and accurate and expenditures, disbursements, and cash receipts are for the purpose and objectives set forth in the terms and conditions of the federal award. SUBRECIPIENT is aware that any false, fictitious or fraudelent information or the omission of any material fact, may subject SUBRECIPIENT to criminal civil or administrative penalties for fraud, false statements, false claims or otherwise.
No Event or Default has occurred and is continuing.
The undersigned is an officer of SUBRECIPIENT authorized to execute this Reimbursement Request on behalf of SUBRECIPIENT.
After giving effect to the disbursement requested pursuant to this Reimbursement Request, the Funds disbursed as of the date of this disbursement will not exceed the maximum amount set forth in Appendix A of this agreement for specific projects and programs.
City of San Diego Office of Emergency Services
FY22 Urban Area Security Initiative Grant
(Performance Period Start Date) (Performance Period End Date) The total amount of funds requested pursuant to this Reimbursement Request will be used to reimburse SUBRECIPIENT for Authorized Expenditures, which expenditures are set forth on the attached Cover Sheet, to which are attached true and correct copies of all required documentation of such expenditures.
APPENDIX C - REIMBURSEMENT REQUEST FORMS
Reimbursement Request (Invoice)#
Mail Reimbursement Request To: Date:
City of San Diego Agency:
Office of Emergency Services
Attn: Grants Management Section
9601 Ridgehaven Ct, MS 1101C
San Diego, CA 92123
Expenditure Period:
Type of Expenditure Project #
Equipment
Training
Planning
Organization
Exercise
Total
For questions regarding this reimbursement request contact Name
Phone
Email
Remittance Address (Address check will be mailed to)
$ -
Cover Sheet (Invoice)
Office of Emergency Services
FY22 Urban Area Security Initiative Grant Program
Award #2022-0043
CalOES ID #073-66000 CFDA #97.067
Reimbursement Requested
Unique Entity ID (UEI):
Jurisdiction: Expenditure Period:
Date:
Grant: FY22 UASI Grant #2022-0043CalOES #073-66000 CFDA #97.067 Course
Delivery (Tuition
/ Registration /
Materials)
Overtime &
Backfill
Travel (Minus
Tuition /
Registration /
Materials)
Total EMA EMS FS GA HZ LE PH PSC PW Total
-$ 0-$ 0-$ 0-$ 0-$ 0-$ 0-$ 0-$ 0
Total $ - -$ $ - -$ 0 0 0 0 0 0 0 0 0 0
Office of Emergency Services
FY22 Urban Area Security Initiative Grant Program
Training/Exercise Costs Detail Worksheet
Attendee Breakdown by Discipline
NOTE: O.T. fringe benefits are limited to FICA, Worker's Compensation and Unemployment Compensation. Each jurisdiction must ensure that reimbursement requests do not include any other O.T. fringe benefit expenditures. Other fringe benefit costs must be absorbed by the jurisdiction.
Grant: FY22 UASI Grant #2022-0043
CalOES #073-66000 CFDA #97.067Cash Request # through
Total Salary &
Benefits
Charged for this
Reporting
Period
Hourly/Billing
Rate
Total Project
Hours
$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -
CONSULTANT / CONTRACTOR
Office of Emergency Services
FY22 Urban Area Security Inititive Grant Program
Project
Number Consulting Firm Project & Description of Services Deliverable Solution Area Expenditure Category Period of Expenditure Total Charged to Grant Discipline Billable Hour Breakdown
(Performance Period Start Date) (Performance Period End Date)
Grant: FY22 UASI Grant #2022-0043
CalOES #073-66000 CFDA #97.067Cash Request # through
Backfilling For
Total Salary &
Benefits
Charged for this
Reporting
Period
Hourly Rate Overtime Rate Total Project Hours
$ - - $
$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ - Office of Emergency Services
FY22 Urban Area Security Inititive Grant Program
PERSONNEL
(Claim Period of Expenditure Start Date)
Project
Number Employee Name Project/Deliverable Discipline Solution Area Period of Expenditure Billable Hour Breakdown
Total Charged
to Grant
(Claim Period of Expenditure End Date)
UASI FY22 PERFORMANCE PERIOD EXTENSION REQUEST
FY22 UASI Performance Period Extension Request
City of San Diego Office of Homeland Security
PERFORMANCE PERIOD EXTENSION REQUEST
Subrecipient Name:
UASI FY: 22 UASI
Project:
Project Title:
Total Amount Allocated:
Amount Expended:
Original Performance Period Deadline:
Requested New Performance Period Deadline (final reimbursement claim due on this date):
1. Describe the details of the project:
2. What is the current status of the project?
3. Please provide a timeline as to how you will meet the new requested date:
4. How have you analyzed your errors in the initial timeline? What are the reasons why the project is late?
5. How have you improved your planning and project management process to avoid future delays if this request is granted? What plans and documentation do you have in place to guarantee the requested deadline will be met?
6. List and describe all equipment with costs and AEL #s:
Equipment & Description Cost AEL
number
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
APPENDIX D - PERFORMANCE PERIOD EXTENSION REQUEST
UASI FY22 PERFORMANCE PERIOD EXTENSION REQUEST
FY22 UASI Performance Period Extension Request
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
All Investments TOTAL
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: June 13, 2023
SUBJECT: RESOLUTION AUTHORIZING CONTRACT CHANGE
ORDER NO. 2 FOR THE COLLIER PARK RENOVATION
PROJECT, PHASE 2, BID NO. 23-05, TO DE LA FUENTE
CONSTRUCTION, INC.
ISSUING DEPARTMENT: Public Works
SUMMARY:
Issues:
Should the City of La Mesa authorize Contract Change Order No. 2 for the Collier Park Renovation Project, Phase 2, Bid No. 23-05, to De La Fuente Construction, Inc. for $247,560.83?
Recommendation:
Adopt the attached resolution authorizing Contract Change Order No. 2 for the Collier Park Renovation Project, Phase 2, Bid No. 23-05, to De La Fuente Construction, Inc. for $247,560.83.
Fiscal Impact:
Funds for this change order will be provided from Community Development Block Grant Accounts; 306-68300-000-6200CD, 306-68300-000-6221CD, and 306-68300-000- 6232CD Collier Park Improvement Accounts; 306-68300-000-6171PF, 306-68300-000- 6233GF, and 306-68300-000-6235PF.
City’s Strategic Goals:
Continue to improve high quality municipal services
Environmental Review:
A final Environmental Impact Report for the Collier Park Renovations Project Master Plan was certified by the City Council on February 24, 2015.
Climate Action Plan Reduction Strategy:
W-1 Waterwise Landscape Design and Irrigation – Promote water conservation through landscaping design and irrigation policies to meet municipal water use reduction targets.
Report to Mayor and Councilmembers
Date: June 13, 2023
Page: 2 of 3
BACKGROUND:
On August 9, 2022, the City Council approved a resolution awarding a construction contract to De La Fuente Construction, Inc. in the amount of $4,677,144.24 for the Collier Park Renovation, Phase 2, Bid No. 23-05.
Collier Park is currently under construction, completing phase 2 renovations. Improvements include re-grading the southerly portion of the park, installation of a new restroom, new sidewalk, lighting, parking, irrigation, landscaping, walking trails, tennis court, gazebo, and a playground.
During construction, numerous challenges were encountered, including design errors in the estimated bid quantities, and unforeseen project conditions. Prior to this change order, staff issued the following administrative change order to the contract:
Administrative Change Order No. 1, in the amount of $13,994.20, consisted of additional work related to removing a large tree knocked down from storm damage, which was considered an unforeseen condition.
DISCUSSION:
To address both the design errors and unforeseen field conditions, City staff negotiated Change Order No. 2 with the contractor in the amount of $247,560.83 with the following changes to the scope of the contract:
1. Removing two large trees indicated on plans to protect in place, but designed directly into east trails pathway, at a cost of $7,700, considered a design error.
2. Reconnecting an existing drinking fountain that was not called out to be reconnected to the water line, at a cost of $1,324.24, considered a design error.
3. Additional costs to excavate unsuitable material (rock excavations), in stockpiles, at a cost of $68,691.26, considered a design error.
4. Additional costs to prepare foundation materials below new restroom pad, at a cost of $10,434.69, considered to be an unforeseen condition, due to excessive rain-soil saturation.
5. Furnish and Install missing park light. Included in design but missing from bid quantity.
Material and installation costs of $12,023.08, considered to be a design error.
6. Additional costs for adjusting manholes and utility boxes, to grade, in new sidewalk, without properly indicating any adjustment in the design, which was necessary, at a cost of $3,348.06, considered to be a design error.
Report to Mayor and Councilmembers
Date: June 13, 2023
Page: 3 of 3
7. Additional costs for increasing the amount of unclassified excavation necessary on the project site to bring the project into compliance with the design grades of the park. The bid quantity indicated only 1,250cy of soil required, but it actually required 4,291cy of placed soil. The design also indicated an offsite import source of 2,250cy of soil, which was determined to be unsuitable. The additional soil required, raised the costs from an initial $74,375.00 to $255,314.50. Considered to be a design error.
8. Credit of 2,250cy of imported soil from Waite Drive, which was considered unsuitable material. Scope removal credit of $36,900.
9. Adding 24 working days to the contract for additional grading days necessary to complete change in scope.
Administrative Instruction F-13 requires approval by the City Council for Public Works Construction Change Orders over $25,000. Staff is working with the design consultant related to reimbursement of the cost of the design errors or providing in lieu of professional services.
CONCLUSION:
Staff recommends that City Council adopt the attached resolution authorizing Contract Change Order No. 2 for the Collier Park Renovation, Phase 2, Bid No. 23-05, to De La Fuente Construction, Inc., for $247,560.83 and adding 24 working days to the contract.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Michael Kinnard_______________
Michael Kinnard, PE
Engineering Project Manager
Attachments: A. Resolution
B. Contract Change Order Form
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING CONTRACT CHANGE ORDER NO. 2 FOR THE
COLLIER PARK RENOVATION, PHASE 2, BID NO. 23-05, TO DE LA FUENTE CONSTRUCTION, INC.
WHEREAS, a contract was awarded to De La Fuente Construction, Inc. to provide construction services for the Collier Park Renovation, Phase 2; WHEREAS, the contract designer underestimated contract bid quantities, necessitating a change order;
WHEREAS, the Contractor also encountered unforeseen conditions during construction, necessitating a change order; and
WHEREAS, Administrative Instruction F-13 requires approval by the City Council for Public Works construction change orders over $25,000.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the Mayor is hereby authorized and instructed to execute for and on behalf of said City, Contract Change Order No. 2 for additional construction services between the City of La Mesa and De La Fuente Construction, Inc., for an amount of $247,560.83, for the Collier Park Renovation, Phase 2. Said contract change order is on file in the Office of the City Clerk.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13th day of June 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
RE Contract: Date:
P.O. No.:
The time provided for the contract is
Therefore, the revised contract time is working days, and the revised completion date is
8 Credit for imported soil from Waite Drive $ (36,900.00) 6 Adjust manholes and utility boxes to grade $ 3,348.06 7 Additional amount of unclassified excavation $ 180,939.50 4 Prepare foundation materials below new restroom pad $ 10,434.69 5 Furnish and Install additional park light $ 12,023.08 Reconnect an existing drinking fountain $ 1,324.24
3 Excavate unsuitable material (rock excavations) $ 68,691.26
CITY OF LA MESA
You are hereby requested to comply with the listed changes in the contract plans and specifications. Furnish to the City of La Mesa as follows:
Item No.
Change in
Contract Price
6/13/2023
232128
De La Fuente Construction, Inc.
Detailed Description of Changes & Quantities or Scope of Work Collier Park Renovation, Phase 2
CONTRACT CHANGE ORDER NO. 1
Bid No.:
Greg Humora, City Manager
DE LA FUENTE CONSTRUCTION, INC.
23-05
TO:
ORIGINAL CONTRACT AMOUNT
$ 247,560.83
$ 4,677,144.24
1 Remove two large trees $ 7,700.00
2 TOTAL CCO's (+ or -) $ 261,555.03 % Change 6%
CCO's PREVIOUSLY APPROVED (+ or -) $ 13,994.20 % Change 0% 6%
.
APPROVAL RECOMMENDED BY: APPROVED BY:
This document shall become an amendment to the contract and all provisions for the contract will apply hereto. The contractor accepts this change order as full compensation for additional work and delay to the project caused by this change order. This change order was requested by the City/Contractor. increased by 24 working days.
208
NEW CONTRACT AMOUNT (C + B + A) $ 4,938,699.27 % Change Jorge Diaz, President
10/7/2023
I, THE UNDERSIGNED CONTRACTOR/CONSULTANT, have given careful consideration to the changes proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the price shown above.
Michael Throne, Director of Public
Works
$ 247,560.83
Total Change
NET CHANGE THIS CCO (+ or -) % Change 5%
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: June 13, 2023
SUBJECT: RESOLUTION APPROVING A TASK ORDER TO
COMPASS ROSE GIS TO PROVIDE AS NEEDED
MAPPING AND GEOGRAPHICAL INFORMATION
SERVICES FOR FISCAL YEAR 2024
ISSUING DEPARTMENT: PUBLIC WORKS
SUMMARY:
Issues:
Should the City Council authorize a resolution approving a task order to Compass Rose GIS to provide as-needed mapping and geographical information system services for Fiscal Year 2024 in the amount of $150,000? Recommendation:
The City Council should authorize a resolution approving a task order to Compass Rose GIS for as-needed mapping and geographical information system services for Fiscal Year 2024 in the amount of $150,000.
Fiscal Impact:
Funds for the task order are available in the following accounts for specialized services.
Public Works Administration 101-64300-311 $10,000
Engineering 101-64300-302 $20,000
Wastewater Engineering 207-64300-401 $110,000
Wastewater Operations 207-64300-402 $10,000
City’s Strategic Goals:
Continue to improve high quality municipal services
Report to Mayor and Councilmembers
Date: June 13, 2023
Page: 2 of 3
BACKGROUND:
The City has transitioned from paper maps to electronic Geographical Information System (GIS) mapping for improved record keeping and access. The GIS system combines graphical and database information, providing fast and efficient service to external and internal customers.
The City does not have in-house resources or staff with adequate expertise to efficiently perform this work so most of it is outsourced to specialized consultants. By outsourcing, the City has been able to retain expert support in a rapidly evolving industry on an asneeded basis, while being fiscally responsible.
The City has benefitted significantly from the use of this GIS data by providing infrastructure records for both capital and private development projects. Maintenance activities have been streamlined through integration with Cartegraph, which is an infrastructure asset maintenance and software tool. This data is also used for capital improvement and maintenance budgeting as well as performance measurements.
In April 2018, the City Manager executed a Master Agreement with Compass Rose GIS to provide GIS and Mapping Services. The Master Agreement included the provision to allow the Director of Public Works to extend the contract for additional one-year periods.
Compass Rose GIS has performed satisfactorily over previous years and their Master Agreement was extended for FY 2024.
The terms of the Master Agreement allow for the issuance of task orders in accordance with the City’s Purchasing Policy. The Purchasing Policy required the City Council approve contracts exceeding $50,000.
DISCUSSION:
With advancing technology and the dynamic nature of the City’s infrastructure, there is a need to constantly update and upgrade the City’s infrastructure maps. In the coming fiscal year, the City, using Compass Rose GIS services, will be performing the following:
As-needed infrastructure map updates
Continuing digitization of parks and building into smart maps Digitization of traffic signal inventories and implementation of maintenance tracking on Cartegraph
Assistance with the implementation of See-Click-Fix software Integration of GIS mapping with the Laserfiche system Preparation of special study and presentation maps
Report to Mayor and Councilmembers
Date: June 13, 2023
Page: 3 of 3
Operation, maintenance, and asset management software (Cartegraph) updates Administration of on-line GIS maps and cloud server
Maintenance and administration of GraniteNet Software (CCTV software for videoing the sewer infrastructure) with GIS maps on the cloud server The task order for FY24 is based on the fiscal year 2024 budget for GIS services.
CONCLUSION:
Staff recommends that the City Council authorize the resolution approving a task order to Compass Rose GIS for as-needed mapping and geographical information services for Fiscal Year 2024 in the amount of $150,000.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne
City Manager Director of Public Works
Joe Kuhn
Storm Water Program Manager
Attachments: A. Resolution
B. FY24 Proposal
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
APPROVING A TASK ORDER TO COMPASS ROSE GIS FOR AS-NEEDED
MAPPING AND GEOGRAPHICAL INFORMATION SYSTEM SERVICES FOR FISCAL YEAR 2024
WHEREAS, this project will advance the City’s goal of continuing to improve high quality municipal services;
WHEREAS, the City has converted all its paper maps to electronic maps; and the City’s changing infrastructure requires frequent updating of the maps; WHEREAS, the City has implemented an infrastructure asset maintenance and management software; and it is essential to keep the system up-to-date and running efficiently; WHEREAS, the City has made the maps available online and maintains a cloud server and the online system needs to remain in operation by updating the server and the maps; WHEREAS, in April 2018, a formal request for qualifications, RFQ 18-15 was advertised and Compass Rose GIS was selected to provide as-needed Geographical Information System Services;
WHEREAS, on September 5, 2018, the City executed a Master Agreement with Compass Rose GIS in accordance to RFQ 18-15 for five fiscal year periods with a two fiscal year base period and three one-year renewal options upon satisfactory performance of work; WHEREAS, until December 31, 2023, the Director of Public Works extended the RFQ 18-15 term to allow one additional annual extension; and WHEREAS, the Compass Rose GIS Master Agreement has been extended until June 30, 2024.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Mayor is hereby authorized and instructed to execute a task order between the City of La Mesa and Compass Rose GIS, for as-needed mapping and geographical information system services for Fiscal Year 2024 in the amount of $150,000. Said contract is on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED that upon satisfactory of performance of the work by Compass Rose GIS as determined by the Director of Public Works, the Mayor is hereby authorized and instructed to execute a task order between the City of La Mesa and Compass Rose GIS, for as-needed mapping and geographical information system services for Fiscal Year 2024 up to the approved budget for GIS Services.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13th day of June 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the 13th day of June 2023, and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
4140 Oceanside Blvd. #159-152, Oceanside, Ca 92056 • Telephone: 619.884.8608 • www.compassrosegis.com City of La Mesa
GIS Proposal FY 24
April 13, 2023
PROJECT OVERVIEW
The City of La Mesa’s Public Works Department continues to improve their GIS program and serve a wider audience with data and web mapping applications. Compass Rose GIS has been supporting these efforts by providing overall GIS program management and technical services.
Details for on-going and future projects are included in the Scope of Work below. The GIS project team will work closely with the City’s project manager to continue to prioritize projects.
SCOPE OF WORK
The section below highlights three project categories. The GIS team will track and report monthly on progress and estimate to complete. Task Orders will be prepared to isolate budget to manage and track projects.
1. GIS Database Management
• Monthly red-lines
• Scanning & processing of drawings
• Documentation & training associated with GIS data updates • Enterprise database management
• Map service publishing & maintenance
2. Online Mapping
• Management of the City’s ArcGIS Online account
o Licensing
o Users & roles
o Map application design & maintenance
o Training
• Requirements gathering for online map requests
o Development
o Testing
o Publication
4140 Oceanside Blvd. #159-152, Oceanside, Ca 92056 • Telephone: 619.884.8608 • www.compassrosegis.com
3. Enterprise GIS
• Support administration of City’s AWS accounts
• Cartegraph OMS
• Granite NET
• Technical and end user support
• Documentation & training associated with enterprise systems listed above
PROJECT LIST
• ArcGIS Online
o Continue to improve & enhance existing applications
▪ Internal & external map galleries
o Configure data collection apps as needed for City asset inventory o Train staff to edit and manage subject matter data sets o Share data with partner agencies and public via Open Data Portal • Database management
o Continue to maintain City assets in enterprise geodatabase o Project priorities
▪ Sewer
▪ Storm Water
o Documentation & metadata preparation and maintenance
• Cartegraph
o Synchronize more assets as needed
o Expand functionality using container components
▪ Traffic Signals
▪ Parks
▪ Facilities
o Data export and mapping
o Technical support – end user experience
o Customizations and automation as needed
• Granite Net
o Support City staff as needed
▪ Engineering users
▪ Truck data updates
▪ Troubleshooting
o Create new users and demo application for Engineering contractors o Edit or upload project inspection files
SCHEDULE
The GIS project team will work with the City’s project manager to define individual project needs and schedule to complete.
4140 Oceanside Blvd. #159-152, Oceanside, Ca 92056 • Telephone: 619.884.8608 • www.compassrosegis.com FEES SCHEDULE FY 24
The positions in bold are the traditional roles we have been providing. A complete list of our team offerings has been included for future needs, changes or additions. o GIS Project Manager $125 (Melisa Caric Lee)
o Solutions Architect $105
o GIS Administrator $95 (Ken Burger)
o GIS Specialist $85
o GIS Technician $65 (Thomas Bellegarde)
The fee for the GIS Services described in this scope of work is not to exceed $150,000.
Task Description Budget
1 GIS Database Management $ 70,000.00
2 Online Mapping $ 40,000.00
3 Enterprise GIS $ 40,000.00
Totals $ 150,000.00
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: June 13, 2023
SUBJECT: RESOLUTION AWARDING A TASK ORDER TO HARRIS
AND ASSOCIATES FOR WASTEWATER UTILITY BILLING,
ANNUAL ADMINISTRATION AND RELATED SERVICES
FOR WASTEWATER UTILITY BILLING, ANNUAL
ADMINISTRATION AND RELATED SERVICES
ISSUING DEPARTMENT: Public Works
SUMMARY:
Issues:
Should the City Council approve a resolution awarding a task order to Harris and Associates for wastewater utility billing, annual administration, and related services in the amount of $58,282?
Recommendation:
Staff recommends that the City Council approve a resolution awarding a task order to Harris and Associates for wastewater utility billing, annual administration, and related services in the amount of $58,282.
Fiscal Impact:
Funds for the project are available in account 207-64300-401-000000. No general fund money will be used.
City’s Strategic Goals:
Continue to improve high quality municipal services
BACKGROUND:
Each year the City analyzes water usage data to derive the sewer generation and billing for each property. The billing information is submitted to the County’s Assessor’s Office to be included in the property tax bills to each sewer user.
Report to Mayor and Councilmembers
Date: June 13, 2023
Page: 2 of 3
In April 2018, the City advertised a request for qualifications (RFQ) and held a formal selection process to select highly qualified firms that could provide various services. The City renewed its agreement with Psomas in May of 2018 to continue providing Wastewater Utility billing, annual administration, and related services to the City of La Mesa. At the end of the 2018 calendar year, Psomas eliminated this service and reached an agreement with Harris and Associates to take over the current staff and clients.
In February 2019, the Council awarded a professional services contract to Harris and Associates to provide wastewater billing services. On March 21, 2019, the Mayor executed a Master Agreement with Harris and Associates to provide wastewater utility billing, annual administration, and related services for a two-year duration with an option of three one-year extensions. The terms of the Master Agreement allow for the issuance of Task Orders to authorize specific items of work on an as-needed basis to the selected consultants. Since this Task Order exceeds $50,000, City Council approval is required pursuant to the City’s purchasing ordinance.
DISCUSSION:
The City requires analysis of water usage data to derive the sewer generation and billing for each property in order to submit the sewer billing information to the Assessor’s Office by August 2023 for the upcoming Fiscal Year 2024 billing. Due to their familiarity and past performance, it is recommended that a contract with Harris and Associates be awarded for this work, which is proposed to include the following tasks:
Coordinate with City staff on billing process
Analyze water data for sewer billing purposes
Verify sewer billings for correctness and accuracy
Prepare a summary of all accounts and charges for City Clerk/Council/tax roll Provide online parcel-based billing information
Prepare and send out to residents the upcoming billing amounts and details in advance of the property tax bills
Provide a direct-billing database of properties that are not on the tax roll Provide support to City staff regarding resident sewer billing questions CONCLUSION:
Staff recommends that the City Council approve the resolution awarding a Task Order to Harris and Associates for wastewater utility billing, annual administration, and related services in the amount of $58,282.
Report to Mayor and Councilmembers
Date: June 13, 2023
Page: 3 of 3
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne
City Manager Director of Public Works
_ ___________
Jacob Martin
Senior Management Analyst
Attachments:
A. Resolution
B. Harris & Associates Proposal
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA AWARDING
A TASK ORER TO HARRIS AND ASSOCIATES FOR WASTEWATER UTILITY
BILLING, ANNUAL ADMINISTRATION, AND RELATED SERVICES
WHEREAS, one of the City of La Mesa’s strategic goals is to continue to improve high quality municipal services;
WHEREAS, the City has a need for specialized sewer billing services to analyze the water usage and communicate the billing data to the County of San Diego’s Assessor’s Office; WHEREAS, on February 26, 2019, the City Council awarded a Master Agreement to Harris and Associates;
WHEREAS, the terms of the Master Agreement allow for the issuance of Task Orders to authorize specific items of work on an as-needed basis; WHEREAS, the Director of Public Works may extend the Master Agreement for up to three additional one-year periods for subsequent fiscal years, for a total of five years, at his/her sole discretion; and
WHEREAS, The Director of Public Works elects to extend the Master Agreement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the Mayor is hereby authorized and instructed to execute a task order between the City of La Mesa and Harris and Associates, for a fee of not to exceed $58,282, for wastewater utility billing, annual administration, and related services.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13th day of June 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
600 B Street, Suite 2000, San Diego, CA 92101 (619) 236‐1778 WeAreHarris.com May 8, 2023
Mr. Jacob Martin
Senior Management Analyst
City of La Mesa
8130 Allison Ave.
La Mesa, CA 91942
PROPOSAL FOR ADMINISTRATION AND RELATED SERVICES FOR
THE WASTEWATER UTILITY BILLING
Dear Mr. Martin:
Harris & Associates appreciates the opportunity to submit this proposal for the continuation of our services providing the City’s Wastewater Utility Billing administration, programing, and related services. This proposal includes our qualifications and experience, work plan, staffing, references, and fees. Our Public Finance team is ready to continue serving the City. By selecting Harris & Associates, the City can rely upon our highly qualified staff, who have a wealth of knowledge and experience in all areas of financing district administration and have been providing these services for over 20 years. The City can expect the following:
Commitment – Harris’ Public Finance team members have provided similarservice to those requested by the City to the same clientele for over 25 years. Our clients trust our work because we have delivered what they need when they need it and have consistently been accurate and thorough.
Knowledge and Expertise – Our team has consistently demonstrated their ability to serve the needs of our clients. Our team members have years of experience in administering a wide variety of Districts and other support services. They have worked with over 100 public agencies, many in Southern California, including the cities of Encinitas, Carlsbad, and Oceanside to name a few. Last year Harris placed assessments and fixed parcel charges on over a million parcels for agencies throughout the State. The experience of our team means that we will be able to evaluate the fiscal health of your districts, identify needed changes and provide annual administration with close integration with City staff.
Experience with the City – With a custom parcel database, we are able to provide the city with a high level of service at an affordable cost. Harris’ team looks forward to continuing to bring our technical knowledge, experience and customer focus to serving the City of La Mesa.
Harris has the experience, ability, and professional excellence to make your project successful. We look forward to working with the City of La Mesa. If you have any questions regarding our proposal please feel free to contact me by phone at (619) 481‐5032 or via e‐mail at [email protected].
Sincerely
Harris & Associates, Inc.
Donna Segura Alison Bouley, PE
Director, Municipal and District Finance Vice President, Municipal and District Finance (949) 536‐2512 [email protected] (949) 536‐2513 [email protected]
Harris & Associates, Inc. Proposed Scope of Work 2 of 6
PROPOSED SCOPE OF WORK
PROJECT UNDERSTANDING
There are many ways to measure success, but the best measure—the one that guides us—is the satisfaction of our clients.
We accomplish this by developing a thorough understanding of the City’s current circumstances and needs, objectives of the Scope of Services, and foreseeable goals of the City and its residents.
Harris & Associates staff has experience with the City as well as the County of San Diego Assessor and Auditor’s offices from working with our clients in San Diego County, including acting as administrator for the City of Lemon Grove’s Lighting and Sanitation Districts, City of Encinitas’ Landscape and Lighting District and the City of Oceanside’s Lighting and Landscaping Districts. In addition to coordination efforts, Harris will maintain the City of La Mesa Wastewater Utility Billing data in Harris’ web‐based application and in the database. Harris has provided the City of La Mesa staff secured logins to access and view the database and charges placed on the parcels within the City of La Mesa. We have an available toll‐free line for taxpayer inquiries, where our staff provide answers to your taxpayers within 24 hours to questions regarding their assessments. We train our staff to be knowledgeable regarding your District and ensure that the information you want given to your taxpayers is provided to callers.
SCOPE OF SERVICES
Annual Administration and Database Updates
• Harris & Associates will meet with City staff and finalize a schedule of milestones and deliverables. • Harris & Associates will coordinate with City staff to verify the parcels to be included in database by comparing the City of La Mesa’s customer database with the taxable parcels obtained from the County of San Diego Assessor’s Office. Harris & Associates will coordinate with the City and the County of San Diego Assessor’s Office and other entities to obtain all information needed to provide the services requested, such as assessor’s parcel maps, assessor’s files, copies of secured tax rolls, boundary maps, budget information, historical data, etc. • Harris & Associates will work with City staff to obtain from Helix Water District the prior year’s water consumption for each customer and update our existing program and new charges for the City of La Mesa’s verification. • Harris & Associates will coordinate with City staff regarding all adjustments and corrections from prior year. Once all adjustments and corrections are complete, Harris & Associates will:
a) Give City Staff the updated information to be used in the City’s billing letters. b) Work with City staff on the text of the billing letters and get final approval from staff. c) Help with the coordination of printing and mailing of the billing letters to City of La Mesa sewer accounts. d) Finalize the roll and provide support to city staff as needed to present to City Council, including preparation of assessment list in parcel and address order for posting in the Clerk’s office for public review. • Harris & Associates will, after confirmation of charges, submit the assessments in the required format to the San Diego County Auditor/Controller for inclusion on the property tax bills. Harris & Associates will make necessary corrections, if required, after receipt of the Exception Report from the County. • Harris & Associates will update the database to reflect those parcels that the City has provided direct billing, if the parcel is non‐taxable pursuant to County Taxability Code and is subject to the levy. • Harris & Associates will provide the City customer information in an excel format. • Harris & Associates will provide support for City staff regarding taxpayer’s calls with questions, concerns or problems.
Harris & Associates will work with City staff to resolve any issues including adjustments or corrections to the database.
Harris & Associates, Inc. Proposed Scope of Work 3 of 6 On‐line Public Access & City On‐Line Access
Harris & Associates will provide secure access to online parcel detail that will enable the public to access data with either an Assessor’s Parcel Number (APN) or address to view the following characteristics:
Parcel Detail (SAMPLE)
Assessor’s Parcel Number: 4646403700
Address(Situs): 05430#82 BALTIMORE DR
Location as identified by Helix 33683301 (legacy acct: 90202302) Current Year Tax Bill Amount $411.90
Single Family Residential: $411.90 (Bi‐monthly Rate: 68.65) Base Charge: $34.16
Water Use Charge: 3.630 per 100 CF
Average Usage: 9.5
(9.50 *3.63) + 34.16 = 68.65
Period Usage
Jan/Feb 2014 7
Mar/Apr 2014 6
Jan/Feb 2015 7
Mar/Apr 2015 6
Jan/Feb 2016 7
Mar/Apr 2016 9
Jan/Feb 2017 15
Mar/Apr 2017 13
Jan/Feb 2018 12
Mar/Apr 2018 13
Average: 9.5
The City of La Mesa public home page will need to provide a link or access to a Harris & Associates portal. Users will enter either an APN or Address as well as check an acceptance box that states:
By clicking on "I Accept", you acknowledge and accept the following statements, both as an individual and as an agency.
This data is made available through Harris & Associates' parcel query as an added benefit of the City of La Mesa’s service to you and isintended for informational purposes only. It isintended to be used as base level information only and is not intended to replace any recorded documents or other public records, nor should it be relied upon for specific Disclosure, Parcel Data, Tax Bill data, and or Delinquency information. The information located on this site is collected from sources believed to be reliable but is not guaranteed. Harris & Associates and the City of La Mesa make no assurance about the accuracy or reliability of such information and assume no responsibility arising from its use. No warranty of any kind is made, expressed or implied, including but not limited to, the implied warranties of merchantability and fitnessfor particular purpose. It is the responsibility of the recipient of this data to determine that the level of accuracy meets the need of their application prior to making any judgments or decisions based on this information.
Additional Agreement Requirements for On‐line Access
All data provided on the Harris & Associates site will be provided by the City and various sources such as Helix Water Agency and the County of San Diego Assessor’s Office. Harris & Associates will not independently verify the veracity or accuracy of the information, nor provide any interpretation of the data. The data is intended to be used as base level information only and is not intended to replace any recorded documents or other public records, nor should it be relied upon for specific Disclosure, Parcel Data, Tax Bill data, and or Delinquency or Owner information. Harris & Associates makes no assurance about the accuracy or reliability of such information and assumes no responsibility arising from its use. No warranty of any
Harris & Associates, Inc. Proposed Scope of Work 4 of 6 kind is made, expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for particular purpose. It is the responsibility of the recipient of this data to determine that the level of accuracy meets their needs prior to making any judgments or decisions based on this information. • As Harris & Associates is acting only as a data host for the provided parcel detail, The City will defend and hold Harris & Associates harmless from any and all claims, costs, losses, attorney’s fees and damages related to the services provided by Harris & Associates pursuant to this Agreement, (including but not limited to, claims of violation of privacy, property damage, and HIPAA) except to the extent caused by Harris & Associates’ gross negligence or willful misconduct. • In recognition of the relative risks and benefits of the work performed under this agreement to the City and Harris & Associates, City agrees, to the fullest extent permitted by law, that any liability created by or arising out of this Agreement, for any and all claims, liabilities, losses, costs, damages of any nature whatsoever, or claims expenses from any cause or causes (including without limitation any attorneys’ fees under this Agreement), shall not exceed 3 times the fee actually paid to Harris & Associates hereunder or $20,000, whichever is less. This risk allocation will not apply to any losses or damages that have been found by a trier of fact to have been caused by Harris & Associates’ negligence or willful misconduct.
Termination Clause
Consultant may terminate this Agreement for cause if the City fails to cure a material default I performance within a period of 30 days, or such longer period as Consultant may allow, after receipt from Consultant of a written termination notice specifying the default in performance. In the event of termination for cause by Consultant, city will pay Consultant for all services performed up to and including the effective date of termination.
Additional As‐Needed Programming Services
Additional programming may be provided on an as‐needed basis based on the needs of the City. As‐needed programming will be negotiated separately with the City based on the hourly rates provided in the attached fee schedule.
PROJECT SCHEDULE
The following preliminary schedule will be revised as needed to meet the needs of the City. It assumes that the City Council meets on the 2nd and 4th Tuesday of each month excluding any special accommodations for holidays, five (5) working days within a week, and that the wastewater utility rates will remain the same. Additional changes to the schedule will be made if the scope of work changes or there are additional tasks.
Month Task
July/August Harris & Associates will submit per parcel levy file to the San Diego County Auditor’s office in the format required by the County and meet the deadlines set by the San Diego County Auditor’s office and process changes and/or
handbills as necessary.
July/August Harris & Associates will assist the City and taxpayers with calls and questions when information regarding the water accounts and sewer bills requires additional research.
Harris & Associates will provide customer information to the City in an Excel file format.
Harris & Associates, Inc. Proposed Scope of Work 5 of 6 Harris & Associates with work with City Staff to ensure all handbills are assigned sewer charges and ready to be
billed.
September Provide an updated spreadsheet with sewer fees for handbill customers by September 25th.
October thru March Harris & Associates will support the City with any changes or corrections to the database as needed.
April/May Harris & Associates and the City will meet and coordinate changes, modifications, additions and/or deletions to the schedule.
Harris & Associates will coordinate with Helix to receive the appropriate data to update the consumption data.
Deliverable: Parcel changes and updates for city staff to research.
May/June Harris & Associates will identify parcels taxability codes and identify any potential problems between Helix
consumption data and the County Assessor data.
Deliverable: Harris & Associates will print and mail billing letters to the City’s sewer accounts deliver by June 15th.
June Harris & Associates will categorize all property and prepare a report for City use.
Deliverable:
1. Harris & Associates will create and complete a mail
merge of all sewer accounts to receive billing letters by June 15th
2. Annual assessment list in parcel number and address
order for posting in the City Clerk’s office by July 1.
PROPOSED FEES
Harris & Associatesstrivesto provide efficient and cost‐effective services. It has been our policy to establish fair and equitable costs. As such we would like to provide you with our proposed compensation. Our proposed compensation reflects a 3% increase from the prior year, but less than the increase in CPI. Harris & Associates will bill the City on a quarterly basis for the work completed. Payment is expected to be made within 30 days of invoicing. Harris & Associates will provide an invoice which will include a description of work effort accomplished within the invoice period. The following fee schedule and hourly rates are valid thru June 30, 2024.
Task Total Costs
Annual Administration Fixed Fee $56,016
On‐line Public Access Fixed Fee $2,266
Additional As‐Needed Programming* Time and Materials N/A TOTAL $58,282
Harris & Associates, Inc. Proposed Scope of Work 6 of 6 * Harris & Associates will provide an estimate of fees for each individual task once it has been determined by the City. Prior to beginning any programming work, Harris & Associates will negotiate additional programming services on a project by project basis using an hourly rate as provided below and will receive written authorization to proceed.
Hourly Rates
Key Personnel Hourly Rate
Any additional services outside of the agreed upon Scope of Services will be billed on a time and materials basis. Our hourly rates are as follows and reflect the 6.4% CPI index increase from the prior year, as indicated in our master contract:
Reimbursables
Mileage at current IRS allowable rate and parking expenses incurred by office employees are charged at cost. Prints, messenger service, air travel, and other direct expenses will be charged at cost plus ten percent. The service of outside consultants will be charged at cost plus ten percent. Annual fee escalation will match the Consumer Price Index – Urban Consumers (CPI‐U) – Pacific Cities – San Diego – Carlsbad, CA.
Key Personnel Hour Rate
Project Director $188.19
Project Manager $188.19
GIS Consultant $166.04
Senior Project Analyst $132.84
Database Administrator $143.91
Administrative Assistant $77.49
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: June 13, 2023
SUBJECT: RESOLUTION APPROVING A FIRST AMENDMENT TO THE
STANDARD SERVICES AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF LA
MESA AND THE UNIVERSITY OF SAN DIEGO ENERGY
POLICY INITIATIVES CENTER FOR CONSULTANT
SERVICES FOR THE CLIMATE ACTION PLAN
AMENDMENT
ISSUING DEPARTMENT: Public Works
SUMMARY:
Issues:
Should the City Council adopt a resolution amending an existing professional services agreement between the City of La Mesa and University of San Diego Energy Policy Initiatives Center for consultant services for the Climate Action Plan Amendment No. 2 (CAP Update)?
Recommendation:
Staff recommends that the City Council adopt a resolution amending an existing professional services agreement between the City of La Mesa and University of San Diego Energy Policy Initiatives Center for consultant services for the Climate Action Plan Amendment No. 2 (CAP Update).
Fiscal Impact:
The proposed contract amendment would increase the contract amount by $160,000 for a revised not-to-exceed contract amount of $260,000. The City Council appropriated $160,000 in the FY23 Environmental Services, Professional and Specialized Services budget, Account 208-64300-301. There are sufficient funds to cover the proposed expenditure.
City’s Strategic Goals:
Continue to improve high quality municipal services
Report to Mayor and Councilmembers
Date: June 13, 2023
Page: 2 of 3
Foster community health by reducing greenhouse gas emissions and improving environmental quality
Climate Action Plan Reduction Strategy:
This item supports all measures within the Climate Action Plan.
BACKGROUND:
In March 2018, the City Council approved the Climate Action Plan (CAP), which charts a course to reduce community-wide greenhouse gas (GHG) emissions by 15% by 2020, and 53% below 2010 levels by 2035. La Mesa prepared the CAP and established targets consistent with State goals and guidance. The CAP provides a roadmap by which La Mesa can reduce its contributions of GHG emissions with measures and key actions in energy, transportation, solid waste, water, and green infrastructure. The CAP requires Annual Reports updates to the City Council on CAP progress, the creation of an Implementation Plan which is updated every two years, and an update of the CAP five years after adoption.
On May 24, 2022, the City Council approved an award and professional services agreement with University of San Diego Energy Policy Initiatives Center (EPIC) for Climate Action Plan Amendment No. 2 (CAP Update) consulting services for $100,000 (Attachment D). Since then, EPIC has been actively working with City staff to asses GHG reduction targets consistent with the State, update measures and key actions, and conduct community engagement including workshops and surveys.
Additionally, previously on January 25, 2022, the City Council adopted a resolution to allocate $160,000 for a transportation mode share study as part of the CAP. Staff researched opportunities and met with the Climate Action Plan Ad Hoc Subcommittee (CAP Subcommittee), comprised of Councilmember Dillard and Councilmember Shu, to discuss recommendations for utilizing the funds to conduct a transportation mode share study that supports existing CAP measures, the CAP Update, and ongoing mode share data updates.
DISCUSSION:
As staff has continued working with EPIC, the scope of work outlined in the agreement remains in progress and a new task is proposed. The first amendment of the existing professional services agreement between the City of La Mesa and EPIC for consultant services for the CAP Update includes:
1. No-cost extension for existing tasks through June 2024 (Attachment B)
2. New Task Scope of Work with Chen Ryan Associates (CRA) (Attachment C) The no-cost extension for existing tasks through June 2024 (Attachment B) will include public engagement to gather feedback on the CAP Update, assisting in the selection of new or revised target years and targets in alignment with State GHG goals, projecting emissions, identification of new CAP measures and revising existing measures, conducting a benefit-cost analysis of
Report to Mayor and Councilmembers
Date: June 13, 2023
Page: 3 of 3
selected measures for the updated CAP, and CEQA analysis by its partner Ascent. The Amendment also includes EPIC’s role in the new task with CRA within this first amendment in which EPIC will hire CRA, experts in local transportation action monitoring, to assist the City with vehicle miles traveled (VMT) and mode split monitoring. This will include establishing a baseline of CAP related VMT conditions within the City of La Mesa and tracking VMT and mode split changes with estimates of GHG emissions over five years from 2023-2028.
The new task scope of work with CRA (Attachment C) will include CRA and EPIC collaborating to develop, calibrate, and monitor VMT and mode split for the City of La Mesa over a 5-year period and will be carried out in two phases: the initial base year calibration and subsequent yearly monitoring. The base year calibration will include utilizing data from multiple sources, including information from Replica, an industry-leading open data tool, SANDAG’s Activity Base Model (ABM) Base Year Model report/output, transit ridership information from MTS, and mode split counts at key locations. Subsequent year reports will provide monitoring reports to determine the changes in VMT and mode split throughout the City and will include traffic counts at up to ten locations to provide a ground to Replica comparison.
CONCLUSION:
Staff recommends the City Council adopt a Resolution amending an existing professional services agreement between the City of La Mesa and University of San Diego Energy Policy Initiatives Center for consultant services for the Climate Action Plan Amendment No. 2 (CAP Update).
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
____________________________
Hilary Ego
Environmental Program Manager
Attachments:
Attachment A. First Amendment
Attachment B. First Amendment Attachment 1
Attachment C. First Amendment Attachment 2
Attachment D. Executed Agreement with EPIC
Attachment E. Resolution
RESOLUTION NO. 2023-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
APPROVING A FIRST AMENDMENT TO THE STANDARD SERVICES
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF LA
MESA AND THE UNIVERSITY OF SAN DIEGO ENERGY POLICY INITIATIVES
CENTER FOR CONSULTANT SERVICES FOR THE CLIMATE ACTION PLAN AMENDMENT NO. 2 (CAP UDATE)
WHEREAS, in March 2018, the City of La Mesa approved the Climate Action Plan (CAP), which charts a course to reduce community-wide greenhouse gas (GHG) emissions by 15% by 2020, and 53% below 2010 levels by 2035 and serves as a long range road map with measures and key actions to implement in energy, transportation, solid waste, water, and green infrastructure;
WHEREAS, on May 22, 2022, the City Council approved an award and professional services agreement with the University of San Diego Energy Policy Initiatives Center (hereinafter referred to as “Contractor”) for Climate Action Plan Amendment No. 2 (CAP Update); WHEREAS, on June 7, 2022, the City and Contractor executed an agreement (“the Agreement”) for professional services for the CAP Update; WHEREAS, at this time, both parties mutually agree to amend the project to include all the tasks and items listed and described in First Amendment Attachment 1 and First Amendment Attachment 2 attached hereto and incorporated herein as part of the Agreement; WHEREAS, the total fee for professional services shall be amended to the amount not to exceed Two Hundred and Sixty Thousand Dollars ($260,000); and WHEREAS, all other terms, conditions and obligations contained in the Agreement other than those specified in this First Amendment shall remain in full force and effect.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the Mayor is hereby authorized to approve a First Amendment with University of San Diego Energy Policy Initiatives Center for Consultant Services for the Climate Action Plan Amendment No. 2 in the amount of $160,000.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 13th day of June 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WEIGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2023- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WEIGELMAN, CMC, City Clerk
(SEAL OF CITY)
FIRST AMENDMENT TO STANDARD AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN CITY OF LA MESA AND THE
UNIVERSITY OF SAN DIEGO ENERGY POLICY INITATIVES CENTER
FOR CONSULTING SERVICES FOR CLIMATE ACTION PLAN
AMENDMENT NO. 2 (THE “AGREEMENT”)
___________________________________________________________ THIS FIRST AMENDMENT TO THE AGREEMENT executed on
_______________, by and between the City of La Mesa, a California municipal corporation, hereinafter referred to as “City,” and the University of San Diego Energy Policy Initiatives Center, hereinafter referred to as “Consultant” is as follows:
1. RECITALS:
1.1 The City and Consultant executed an agreement for consulting services for Climate Action Plan Amendment No. 2 (the “Agreement”) on June 7, 2022 after the City’s acceptance of Consultant’s proposal on May 24, 2022.
1.2 Pursuant to Section 3 – “Services to be Performed by Consultant” both parties mutually agree to amend the Project to include all of the tasks and items listed and described in “First Amendment Attachment 1” and “First Amendment Attachment 2” attached hereto and incorporated herein as part of the Agreement.
1.3 Pursuant to Section 9 – “Compensation to Consultant Methods” of the Agreement, the total fee for professional services may be amended to an amount not to exceed Two Hundred and Sixty Thousand Dollars ($260,000).
NOW, THEREFORE, IT IS AGREED by and between the parties that the Agreement shall be amended as follows:
Section 1. Section 3 – “Services to be Performed by Consultant” of the Agreement is amended to include all of the tasks and items listed and described in “First Amendment Attachment 1” and “First Amendment Attachment 2” attached hereto and incorporated herein as part of the Agreement.
Section 2. Section 9 – “Compensation to Consultant Methods” of the Agreement is amended to reflect the total fee for professional services in an amount not to exceed Two Hundred and Sixty Thousand Dollars ($260,000).
Section 3. All other terms, conditions and obligations contained in the Agreement other than those specify in this First Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement as of the date first above written.
CONTRACTOR CITY OF LA MESA
University of San Diego A Municipal Corporation
Energy Policy Initiatives Center
By: ______________________________ By:____________________________ Dr. Fry-Bowers, Associate Provost Date Mark Arapostathis, Mayor Date for Research Administration
By: ___________________________
Greg Humora, City Manager Date
APPROVED AS TO FORM:
_________________________________
Glenn Sabine, City Attorney Date
ATTACHMENT B – FIRST AMENDMENT ATTACHMENT 1
CITY OF LA MESA
AMENDMENT to CAP Update Contract
June 1, 2023
Submitted to:
City of La Mesa
City Manager’s Office
Public Works Department, Engineering Division
8130 Allison Avenue
La Mesa, CA 91942
Submitted by:
Energy Policy Initiatives Center, University of San Diego Amendment to CAP Update Agreement, City of La Mesa 6-1-23 1 The Energy Policy Initiatives Center (EPIC) at the University of San Diego (USD) received a contract to update the City of La Mesa’s Climate Action Plan. This contract commenced on 6/7/2022 and ends on 5/31/2023. Due to various delays and additional tasks, this contract is being extended through June 2028. The CAP update task itself will be completed during Spring of 2024, and a new additional task monitoring changes to vehicle-milestraveled (VBMT) and mode split in the City of La Mesa are now included. These new tasks will commence in Summer 2023 and continue through June 2028. The bulk of the VMT and mode split tracking and monitoring activities will be carried out by Chen Ryan Associates (CRA) in cooperation and oversight and annual analysis for CAP purposes by EPIC. The CRA Scope of Work is attached as an Annex to this document.
1.1 No-cost Extension of Existing Climate Action Plan Amendment Update The existing Scope of Work includes public engagement to gather feedback on the CAP Update; assisting in the selection of new or revised target years and targets in alignment with state GHG goals; projecting emissions including impacts of adopted federal and state measures; identification of new CAP measures and revising existing measures; and conducting a benefit-cost analysis of selected measures for the updated CAP, as requested. EPIC will also support CEQA analysis by its partner Ascent, as needed. Currently, the public engagement process is ongoing, with the first public workshop set for May 3, 2023.
No cost extension for existing tasks: Through June 2024.
1.1 Energy Policy Initiatives Center (EPIC) Role in New Task within this Contract Amendment During the initial discussion on the updates, it became clear that additional monitoring would be required to track changes to transportation emissions by affecting vehicle-miles-traveled (VMT) through potential CAP actions. For this purpose, it is not only important to establish baseline CAP-related VMT conditions within the City of La Mesa, but to also track VMT changes, and mode split changes over several years. Therefore, through this EPIC contract , the City will hire Chen Ryan Associates, CRA, experts in local transportation action monitoring, to assist the City with VMT and mode split monitoring.
CRA will provide EPIC with annual or half-year updates of these indicators, as agreed, so that EPIC can assess changes to greenhouse gases, if any, from policies enacted by the City that affect VMT and mode split. This tracking will commence in FY 2023-2024 (July 1, 2023 - June 30, 2024), and every FY thereafter, until June 30, 2028.
Cost: Total not to exceed $40,000
1.2 CRA’s Role
As described in Annex A, CRA and EPIC will collaborate to develop, calibrate and monitor VMT and mode split for the City of La Mesa for a 5-year period, from 2023-2028. See Annex A for CRA’s Scope of Work with more detail.
Cost: Total not to exceed $120,000 over 5 fiscal years.
1.3 Annual Reports
EPIC will work with CRA and its data provided to provide the City with any changes to VMT and mode split with estimates of transportation GHG emissions.
EPIC will also work with City and CRA to assist, as needed, a dashboard and graphics on the City website, to share the tracking with the public.
ATTACHMENT C – FIRST AMENDMENT ATTACMENT 2
ANNEX A
Chen Ryan Associates
Scope of Work
SCOPE OF WORK
CRA and EPIC will collaborate to develop, calibrate, and monitor Vehicle Miles Traveled (VMT) and mode split for the City of La Mesa over a 5-year period, from 2023 to 2028. The work will be carried out in two phases: the initial Base Year calibration and subsequent yearly monitoring.
Base Year Calibration:
CRA will first establish a base year (existing conditions) model that documents the current VMT and Mode Split within the City. The model will be calibrated utilizing multiple sources, including information from Replica, SANDAG’s Activity Base Model (ABM) Base Year Model report/output, transit ridership information from MTS, and mode split counts at key locations. The model calibration and documentation will occur using the following steps:
1. Review Replica and in coordination with the City of La Mesa, determine key areas within the City that have high multi-modal activities and/or future planned active transportation facilities.
2. Obtain mode split and VMT information at a city-wide level and at the SANDAG TAZ level.
3. Conduct traffic counts, including bicycle and pedestrian counts at up to 40 key locations throughout the City during one weekday and one weekend day.
4. Develop a calibration factor for base year conditions. The purpose of the calibration factor is to ensure that the VMT and mode split obtained from Step 2 reflect ground conditions. The calibration factor will be developed based on information from the SANDAG’s ABM, Replica, existing and historic traffic counts, census information, and other relevant sources.
5. Apply the adjustment factor to the VMT and mode split information from Replica.
6. Document the results and process in a technical memorandum.
Subsequent Year Report:
The purpose of the subsequent year monitoring report is to determine the changes in VMT and mode split throughout the City. The subsequent report will include traffic counts at up to ten (10) locations to provide a ground to Replica comparison.
1. CRA will obtain quarterly VMT and mode split reports from Replica and apply a calibration factor to determine the quarterly VMT and Mode Split for the City. This information will be shared during the quarterly meeting between CRA and EPIC.
2. CRA will coordinate with the City to determine if there are any new land use changes or modifications to the transportation network to establish a baseline for the yearly report.
3. Traffic counts will be conducted during a weekday and a weekend day at up to ten locations, based on any land use or transportation network changes, but in the same location as the base year calibration counts.
4. CRA will develop yearly VMT, and mode split based on the ground counts and the yearly report from Replica and document the findings in a technical memorandum.
Coordination:
1. Attend kick-off meeting (1 meeting) with EPIC and the City of La Mesa.
2. Attend yearly meetings with EPIC and the City of La Mesa.
3. Attend quarterly meetings with EPIC to review the VMT and mode split status of the City.
4. Provide mode split and VMT data to EPIC on an annual basis for CAP monitoring purposes.
ATTACHMENT B
City of La Mesa
SPECIALIZED PROFESSIONAL SERVICES AGREEMENT
Consultant Services for a Climate Action Plan - Amendment No. 2 DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
Specialized Professional Services Agreement #2022-SPSA-007 Title: Consultant Services for a Climate Action Plan - Amendment No. 2 2 TABLE OF CONTENTS
1. AGREEMENT FOR SPECIALIZED PROFESSIONAL SERVICES............................
2. ENGAGEMENT OF CONSULTANT............................................................................
3. SERVICES TO BE PERFORMED BY CONSULTANT...............................................
4. KEY PROJECT PERSONNEL .......................................................................................
5. CONSULTANT...............................................................................................................
6. CITY REPRESENTATION ............................................................................................
7. RESPONSIBILITIES OF THE CITY .............................................................................
8. PERFORMANCE SCHEDULE......................................................................................
9. COMPENSATION TO CONSULTANT ........................................................................
10. RECORDS.......................................................................................................................
11. METHOD OF COMPENSATION..................................................................................
12. ITEMS TO BE DELIVERED TO CITY.........................................................................
13. DESIGN CHANGES OR REVISIONS...........................................................................
14. ADDITIONAL SERVICES OUTSIDE SCOPE .............................................................
15. HOLD HARMLESS ........................................................................................................
16. INSURANCE...................................................................................................................
17. OWNERSHIP OF WORK...............................................................................................
18. ASSIGNABILITY ...........................................................................................................
19. INTEGRATION; AMENDMENTS ................................................................................
20. NOTICES.........................................................................................................................
21. DISPUTE RESOLUTION...............................................................................................
22. TERMINATION OF AGREEMENT FOR CAUSE OR CONVENIENCE...................
23. BUSINESS LICENSE .....................................................................................................
24. INTEREST OF MEMBERS OF THE CITY...................................................................
25. INTEREST OF CONSULTANT AND EMPLOYEES; .................................................
26. FACILITIES AND EQUIPMENT ..................................................................................
27. INDEPENDENT CONTRACTOR..................................................................................
28. PERS ELIGIBILITY INDEMNIFICATION .................................................................
29. TIME................................................................................................................................
30. CONSULTANT NOT AGENT .......................................................................................
31. NON-DISCLOSURE.......................................................................................................
32. SUBCONTRACTING .....................................................................................................
33. CHANGES.......................................................................................................................
34. JOB SITE SAFETY.........................................................................................................
35. PREVAILING WAGES FOR PUBLIC WORKS PROJECTS.......................................
36. CONFLICT BETWEEN AGREEMENT AND OTHER DOCUMENTS ......................
37. DATE OF AGREEMENT...............................................................................................
38. SIGNATURES.................................................................................................................
DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
Specialized Professional Services Agreement #2022-SPSA-007 Title: Consultant Services for a Climate Action Plan - Amendment No. 2 3 1. AGREEMENT FOR SPECIALIZED PROFESSIONAL SERVICES
Between the City of La Mesa and
University of San Diego
for Consultant Services for a Climate Action Plan - Amendment No. 2 This Agreement is entered into by City of La Mesa as of ___________, by and between the City of La Mesa, a municipal corporation, hereinafter referred to as "the City", and University of San Diego, hereinafter referred to as "Consultant."
WITNESSETH THAT:
WHEREAS, the City has adopted Resolution No. 2022-_____; WHEREAS, the City has need for professional services to perform consulting services for a Climate Action Plan - Amendment No. 2 services and is willing to compensate Consultant for such services;
WHEREAS, this Agreement is based on Request for Proposals 22-13; WHEREAS, the City desires to engage Consultant to render certain technical and professional services in the providing of said professional services; and WHEREAS, Consultant is qualified to provide said professional services for consulting services for a Climate Action Plan - Amendment No. 2 service.
NOW THEREFORE, the parties do mutually agree as follows:
2. ENGAGEMENT OF CONSULTANT
The City hereby agrees to engage Consultant and Consultant hereby agrees to perform the services set forth in this Agreement. This Agreement shall be for an initial term from the execution date of the Agreement through Wednesday, May 31, 2023.
3. SERVICES TO BE PERFORMED BY CONSULTANT
Consultant shall commence performance of the Project upon execution of this Agreement by both parties. The term "Project" as used in this Agreement shall include all of the tasks and items listed and described in Exhibit "A", attached hereto and incorporated herein as part of this Agreement.
4. KEY PROJECT PERSONNEL
Consultant agrees to provide the services of Scott Anders, MA, Director, Nilmini Silva-Send, PhD, Assistant Director, Yichao Gu, Technical Policy Analyst, MS, Joe Kaatz, Staff Attorney, Esq, or any other necessary staff members, respectively for the full term of this contract. No substitutions will be made without prior written approval by the City. The City reserves the right to request specific qualifications for personnel substituted under this section.
5. CONSULTANT
045
DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD 6/7/2022
Specialized Professional Services Agreement #2022-SPSA-007 Title: Consultant Services for a Climate Action Plan - Amendment No. 2 4 Consultant will utilize the services of the following sub-consultants during the course of this study:
Ascent Environmental, Inc.
Payment for such services shall be the responsibility of the Consultant. No substitution of proposed sub-consultants shall be made without prior written approval by the City.
6. CITY REPRESENTATION
The City Manager for the City of La Mesa, or his or her designated representative, shall represent the City in all matters pertaining to the services rendered pursuant to this Agreement and shall administer said Agreement on behalf of the City. This person shall hereinafter be referred to as the "City's Representative."
7. RESPONSIBILITIES OF THE CITY
The City will provide the Consultant, or cause to be provided with, the following documents, services and site information, at no charge to the Consultant.
A. See Exhibit "A"
8. PERFORMANCE SCHEDULE
Both Consultant and the City recognize that time is of the essence in the completion of this work and the following schedule is dependent upon timely actions by the Consultant and the City.
Accordingly, the Consultant shall complete all of the work outlined in Exhibit "A" and described in this Agreement in accordance with the following schedule:
TASK; TARGET DATE
A. See pages 38-39 of Exhibit "A"
The Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, or governmental agencies.
9. COMPENSATION TO CONSULTANT METHODS
The amount to be billed shall be based on the Consultant schedule of fees for professional services and the actual time required for each activity. The schedule of fees and estimated time for the project are as shown in Exhibit "A" attached hereto and incorporated herein as part of this Agreement; the total fee for professional services shall be billed on a time-and-material basis with a total amount not to exceed $100,000.00 as described in that same reference.
The City shall compensate Consultant for the services performed hereunder on a monthly basis within thirty (30) calendar days of receipt of Consultant's invoice for the services performed. The Consultant shall provide documentation regarding time-and-material charges sufficient to meet DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
Specialized Professional Services Agreement #2022-SPSA-007 Title: Consultant Services for a Climate Action Plan - Amendment No. 2 5 normal auditing practice. Copies of the invoices for materials in excess of $500 and sub-Consultant charges shall be submitted with the request for periodic payment.
The City shall promptly review invoicing and notify Consultant of any objection thereto in writing within fifteen (15) days of receipt of the invoice; absent such objection the invoice shall be deemed proper and acceptable.
In the event that any undisputed invoice is not paid within thirty (30) calendar days after receipt of the invoice by the City, it shall commence bearing interest on the date that the invoice was rendered at the rate of 1% per month and the City agrees to pay all accrued interest, together with the charges for services rendered.
10. RECORDS
Consultant shall maintain adequate records to permit inspection audit of Consultant's time-andmaterial charges under this Agreement. Consultant shall make such records available to the City and to other public agencies responsible for approval, funding or auditing the project, during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records and they will be available only to the City or to public agencies involved with approval, funding or audit functions. Such records shall be maintained by the Consultant for three (3) years following completion of the work under this Agreement.
11. ITEMS TO BE DELIVERED TO CITY
The following items shall be delivered by the Consultant to the City of La Mesa:
QUANTITY; TARGET DATE
A. See Exhibit "A"
12. DESIGN CHANGES OR REVISIONS
No design changes or revisions will be required and no payment therefor will be made except pursuant to the provisions of this Agreement. No extra compensation shall be paid the Consultant for revisions required by reason of omissions or errors by the Consultant in the preparation of the original document, plans, working drawings, or specifications. Changes to the scope of this Agreement shall be negotiated prior to commencement of extra work.
13. ADDITIONAL SERVICES OUTSIDE SCOPE
Only after written authorization from the City, additional services that Consultant could provide, or cause to be provided, include the following:
A. Additional work related to the Project but not included in the Scope of Work.
B. Additional work caused by changes unrelated to the Scope of Work described herein.
DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
Specialized Professional Services Agreement #2022-SPSA-007 Title: Consultant Services for a Climate Action Plan - Amendment No. 2 6 Consultant will be compensated for Consultant time and direct personnel expenses as approved by the City. Payment for such additional services shall include Consultant's time at the rates shown on Exhibit "A".
14. HOLD HARMLESS
To the furthest extent allowed by law, including California Civil Code section 2782.8, Consultant shall indemnify, hold harmless and defend City and each of its elected officials, officers, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) to the extent that any loss, liability, fines, penalties, forfeitures, costs, damages, claims, demands or actions in law or equity arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees or agents in the performance of this Agreement.
Consultant’s duty to indemnify under this section shall not include liability for any claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct by the City or its elected officials, officers, employees, agents, and volunteers.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each sub-consultant to indemnify, hold harmless and defend CITY and each of its elected officials, officers, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
15. INSURANCE
Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) authorized by the City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
A. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
o $1,000,000 per occurrence for bodily injury and property damage DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
Specialized Professional Services Agreement #2022-SPSA-007 Title: Consultant Services for a Climate Action Plan - Amendment No. 2 7 o $1,000,000 per occurrence for personal and advertising injury o $1,000,000 aggregate for products and completed operations o $2,000,000 general aggregate
B. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
C. WORKERS' COMPENSATION insurance as required under the California Labor Code.
D. EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
E. PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) insurance appropriate to Contractor’s profession, with limits of liability of not less than $1,000,000 per claim/occurrence and $2,000,000 policy aggregate.
Consultant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Consultant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either:
(i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its elected officials, officers, officials, employees, agents and volunteers: or (ii) Consultant shall provide a financial guarantee, satisfactory to City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its elected officials, officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Consultant's insurance shall be primary and no contribution shall be required of City, its elected officials, officers, officials, employees, agents and volunteers. The Workers’ Compensation DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
Specialized Professional Services Agreement #2022-SPSA-007 Title: Consultant Services for a Climate Action Plan - Amendment No. 2 8 insurance policy shall contain a waiver of subrogation as to City, its elected officials, officers, officials, employees, agents and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:
A. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.
B. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.
C. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.
D. A copy of the claims reporting requirements must be submitted to City for review.
E. These requirements shall survive expiration or termination of the Agreement.
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received by City and approved by City Manager or his/her designee prior to City’s execution of the Agreement and before work commences. This requirement shall survive expiration or termination of this Agreement.
If at any time during the life of this Agreement or any extension, Consultant or any of its subConsultant's fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Consultant of its responsibilities under this Agreement.
The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its elected officials, officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
Specialized Professional Services Agreement #2022-SPSA-007 Title: Consultant Services for a Climate Action Plan - Amendment No. 2 9 officers, employees, agents, persons under the supervision of Consultant, vendors, suppliers, invitees, Consultant, sub-consultants, or anyone employed directly or indirectly by any of them.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each sub-Consultant to provide insurance protection in favor of City, its elected officials, officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Consultant and City prior to the commencement of any work by the sub-consultant.
16. OWNERSHIP OF WORK
Consultant shall retain all rights and ownership to any pre-existing works or know how and any works created independently of this Agreement. Only Results or Deliverables provided by Consultant, including all finished or unfinished documents, studies, reports, computer files and materials prepared by Consultant and sub-consultants under this Agreement shall be considered the property of the City and will be turned over to the City upon demand, but in any event, upon completion of the Project. The Consultant shall be allowed to retain copies of documents for its permanent records, if desired.
Consultant and City shall protect personal customer energy consumption data obtained pursuant to this Agreement as required by California Public Utilities Commission (CPUC) Decisions 11- 07-056, 11-08-045, 14-05-016, and any other relevant or subsequent decision(s), Public Utilities Code § 8380, and any resulting nondisclosure or other contractual agreement between San Diego Gas & Electric (SDG&E) and Consultant, including only disclosing to City resulting data that is aggregated and anonymized pursuant to these requirements.
17. ASSIGNABILITY
Consultant shall not assign, delegate, or transfer this Agreement or any work hereunder, nor assign any monies due or to become due hereunder, except as expressly stated herein. In no event shall any contractual relation be created between any third party and the City without prior written consent of the City. A consent to one assignment shall not be deemed to be consent to any subsequent assignment.
18. INTEGRATION; AMENDMENTS
This Agreement sets forth the entire understanding of the parties with respect to the subject matter herein. There are no other agreements, expressed or implied, oral or written, except as set forth herein. This Agreement may be amended upon written mutual consent of both parties hereto.
Amendment requiring changes in compensation shall be subject to the City's change order procedures.
DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
Specialized Professional Services Agreement #2022-SPSA-007 Title: Consultant Services for a Climate Action Plan - Amendment No. 2 10 19. NOTICES
Notices and requests to the City or Consultant shall be delivered at the following addresses, either served personally on the designated representative or by U.S. Postal Service at the following addresses:
City:
City Manager
City of La Mesa
8130 Allison Avenue, La Mesa, CA 91942
(619) 667-1105
Consultant:
Director, Energy Policy Initiatives Center
University of San Diego
5998 Alcala Park, San Diego, CA 92110
(619) 260-4589
20. DISPUTE RESOLUTION
The City shall require that all Consultants agree to submit any unresolved claims, counterclaims, disputes, controversies and other matters between them and the City or the Consultant and/or any sub-consultants of any tier arising out of or relating to their agreement with the City or the breach thereof (“disputes”) first to mediation and then if not resolved, to non-binding arbitration prior to initiating suit or judicial proceeding.
If applicable – As provided in Public Contract Code section 9204, any claim filed by the Consultant on a public works project shall be reviewed by the City with 45 days and a written statement will be provided to the Consultant identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the City and the Consultant may, by mutual agreement, extend the time period or it may be extended to allow City Council approval. The Consultant shall include reasonable documentation to support the claim. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.
21. TERMINATION OF AGREEMENT FOR CAUSE OR CONVENIENCE
If, through any cause, the Consultant or City shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if the Consultant or City shall violate any of the covenants, agreements, or stipulations of this Agreement, the City or Consultant shall thereupon have the right DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
Specialized Professional Services Agreement #2022-SPSA-007 Title: Consultant Services for a Climate Action Plan - Amendment No. 2 11 to terminate this Agreement immediately by giving written notice to the other of such termination and specifying the effective date thereof. In such event, all finished or unfinished documents, resulting data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement shall, at the option of the City, become its property and the Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.
In addition to termination for cause, the City or Consultant may terminate this Agreement for City’s convenience upon not less than fifteen (15) days written notice to the other. Upon sending or receiving said notice, the Consultant shall immediately cease all work under this Agreement unless said notice provides otherwise. If this Agreement is terminated as provided in this paragraph for City’s or Consultant’s convenience, the Consultant shall be required to provide to City all finished or unfinished documents, resulting data, studies, services, etc., prepared by the Consultant as may be requested by City and such work shall become City’s property upon payment to Contractor for the value of the work performed, less payments of compensation previously made.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Consultant, and the City may withhold any payments to the Consultant for the purpose of set-off until such time as the exact amount of damages due the City from the Consultant is determined. Notwithstanding the above, the City shall not be relieved of liability to the Consultant for damages sustained by the Consultant by virtue of any breach of the Agreement by the City, and the Consultant may withhold any finished or unfinished documents, resulting data, studies, services, etc., prepared by the Consultant for the purpose of set-off until such time as the exact amount of damages due the Consultant from the City is determined.
22. BUSINESS LICENSE
The Consultant, including all subcontractors, shall obtain a business license for work within the City of La Mesa pursuant to La Mesa Municipal Code Sections 6.08.010 through 6.08.240.
No payments shall be made to any Consultant until such business license has been obtained, and all fees paid therefor, by the Consultant and all sub-consultants. Business license applications and information may be obtained from the Finance Department, City Hall, 8130 Allison Avenue, La Mesa, CA 91942-5502, (619) 667-1118 or online at cityoflamesa.us/buslic.
23. INTEREST OF MEMBERS OF THE CITY
No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the Consultant shall take appropriate steps to assure compliance.
24. INTEREST OF CONSULTANT AND EMPLOYEES;
STATEMENT OF ECONOMIC INTERESTS
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Specialized Professional Services Agreement #2022-SPSA-007 Title: Consultant Services for a Climate Action Plan - Amendment No. 2 12 The Consultant covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed.
City may require Consultant to complete and submit a Form 700, Statement of Economic Interests, in accordance with applicable law, to City Clerk.
25. FACILITIES AND EQUIPMENT
Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
26. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement.
27. PERS ELIGIBILITY INDEMNIFICATION
In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits.
28. TIME
Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement.
29. CONSULTANT NOT AGENT
Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
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Specialized Professional Services Agreement #2022-SPSA-007 Title: Consultant Services for a Climate Action Plan - Amendment No. 2 13 30. NON-DISCLOSURE
The designs, plans, reports, investigations, materials and documents prepared or acquired by the Consultant pursuant to this Agreement (including any duplicate copies kept by the Contractor) shall not be shown to any other public or private person or entity, except as authorized by the City.
The Consultant shall not disclose to any other public or private person or entity any information regarding the activities of the City except as authorized by the City.
31. SUBCONTRACTING
None of the services covered by the Agreement shall be subcontracted without the prior consent of the City. The Consultant shall be as fully responsible to the City for the acts and omissions of his sub-consultants, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Consultant shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Agreement.
32. CHANGES
The City may, from time to time, request changes in the Scope of Services of the Contract to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the City and the Consultant shall be incorporated to this Contract.
33. JOB SITE SAFETY
The general or prime Consultant who is responsible for means, methods and procedures of the project shall be responsible for job site safety.
The prime Consultant and all sub-consultants of all tiers shall:
A. Be responsible for the safety of their respective employees as required by law.
B. Come under the jurisdiction and supervision of the general or prime Consultant's job site safety program.
C. Exercise reasonable care to avoid risk of injury to others as required by the professional standard of care.
34. PREVAILING WAGES FOR PUBLIC WORKS PROJECTS
IF APPLICABLE
A. No professional Contractor or subcontractor subject to the requirements of State of California’s prevailing wages may be awarded a contract, or contracted with, for a public works project (submitted on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
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Specialized Professional Services Agreement #2022-SPSA-007 Title: Consultant Services for a Climate Action Plan - Amendment No. 2 14 B. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
35. CONFLICT BETWEEN AGREEMENT AND OTHER DOCUMENTS
In the event of a conflict between this Agreement and any documents incorporated by reference in this Agreement, the terms and conditions of this Agreement shall supersede those contained in any such document incorporated by reference.
36. DATE OF AGREEMENT
The date of this Agreement shall be the date it shall have been signed by a duly authorized representative of City.
37. SIGNATURES
IN WITNESS WHEREOF, City and Consultant have executed the Agreement.
University of San Diego
By: _________________________________
Dr. Fry-Bowers, Associate Provost for Research Administration Date: _____________
CITY OF LA MESA,
A Municipal Corporation
By: _________________________________
Dr. Mark Arapostathis, Mayor
Date: _____________
By: _________________________________
Greg Humora, City Manager
Date: _____________
5/31/2022
DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD 6/7/2022
6/7/2022
Specialized Professional Services Agreement #2022-SPSA-007 Title: Consultant Services for a Climate Action Plan - Amendment No. 2 15 By: _________________________________
Carlo Tomaino, Assistant City Manager
Date: _____________
APPROVED AS TO FORM
By: _________________________________
CITY ATTORNEY
ATTESTED BY:
By: _________________________________
CITY CLERK
Attachment: Exhibit A – Scope of Work and Fee Schedule
DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD 6/6/2022
Consultant Services for a Climate Action
Plan - Amendment No. 2
SUBMITTED TO:
City of La Mesa
City Manager’s Office
Public Works Department
Engineering Division
8130 Allison Avenue
La Mesa, CA 91942
SUBMITTED BY:
April 18, 2022
City of La Mesa
RFP 22-13
EXHIBIT A DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
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Table of Content
1 INFORMATION STATEMENT ......................................................................................................................... 2 2 STATEMENT OF INTEREST............................................................................................................................. 3 3 STATEMENT OF BACKGROUND AND PHILOSOPHY........................................................................................ 4 4 STATEMENT OF QUALIFICATIONS................................................................................................................. 5
4.1 BACKGROUND AND QUALIFICATIONS .................................................................................................................... 5
4.2 ABILITY TO PERFORM THE REQUIRED SERVICES ....................................................................................................... 7
4.3 PROJECT TEAM QUALIFICATIONS........................................................................................................................ 11 5 PROJECT APPROACH .................................................................................................................................. 17
5.1 SCOPE OF WORK ............................................................................................................................................ 17
5.2 OPTIONAL TASKS ............................................................................................................................................ 29
5.3 MANAGEMENT APPROACH ............................................................................................................................... 31 6 COST PROPOSAL ........................................................................................................................................ 36 7 PROJECT SCHEDULE.................................................................................................................................... 38 8 REFERENCES AND RELEVANT EXPERIENCE .................................................................................................. 40
8.1 CAP DEVELOPMENT AND UPDATE EXPERIENCE..................................................................................................... 40
8.2 OTHER RELATED EXPERIENCE ............................................................................................................................ 41
8.3 PROJECT REFERENCES ...................................................................................................................................... 43 9 APPENDIX A – COST PROPOSAL DETAILS .................................................................................................... 47 10 APPENDIX B STAFF RESUMES ................................................................................................................. 48 11 APPENDIX C PROOF OF INSURANCE ....................................................................................................... 49 DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
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1 INFORMATION STATEMENT
Legal Name of Organization: University of San Diego
Date Established: November 22, 1949
Legal Status: Non-profit corporation
Officers/Owners of Organization:
Name: James T. Harris III Title: President
Name: Gail F. Baker Title: Vice President and Provost
Name: Katy Roig Title: Vice President, Chief Financial Officer Name: Donald R. Knauss Title: Chair, Board of Trustees
Number of Employees: Permanent – Full Time: 1209 Part Time: 691 Business Address:
University of San Diego
5998 Alcala Park
San Diego, CA 92110
Contact Information:
Scott Anders, Director, Energy Policy Initiatives Center [email protected], 619-260-4589
Organization Bank Name:
Branch: Wells Fargo Bank, N.A.
Address: 420 Montgomery St.
San Francisco, CA 94104
Contact Name:George Ayala
The City of La Mesa reserves the right to perform a credit check on your organization to obtain information regarding your organization’s financial stability.
Are you or your organization currently engaged or involved in any litigation over the proprietary rights or patent rights for the software or services to be used for the City of La Mesa? No If yes, please attach explanation.
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2 STATEMENT OF INTEREST
We appreciate the opportunity to support the City of La Mesa Climate Action Plan (CAP) update.
The Energy Policy Initiatives Center (EPIC) and our partner Ascent Environmental, Inc. (Ascent) are highly qualified and have significant experience working together on climate action planning in the San Diego region. The EPIC-Ascent team has developed most of the adopted CAPs in the region, including the City of San Diego and County of San Diego, and many of the 16 cities covered by SANDAG’s Energy Roadmap Program.
Our expertise in climate planning is well-matched to the specific activities of this project, including GHG emission modeling, target selection, benefit-cost analysis, public engagement related to CAP development, implementation and monitoring support, and social equity analysis. Under contract with SANDAG, our EPIC-Ascent team developed the technical appendices that comprise SANDAG’s ReCAP Framework. EPIC has also been supporting the County of San Diego’s Regional Decarbonization Framework (RDF). We will ensure that the City of La Mesa CAP update is consistent with both ReCAP and RDF approaches.
Also, our team also has significant experience working with La Mesa. Under SANDAG’s Energy Roadmap Program, our team completed a GHG inventory, a CAP Benefit-Cost Analysis, and a CAP Implementation Cost Analysis, and continues to develop ReCAP Snapshots for La Mesa. Our climate planning expertise, working knowledge of City of La Mesa’s CAP, and our experience working with our partner Ascent over the past six years, will enable us to get to work immediately to support the CAP update in an efficient manner.
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3 STATEMENT OF BACKGROUND AND PHILOSOPHY
The Energy Policy Initiatives Center (EPIC) is a University of San Diego-based energy and climate policy center. Our staff has decades of experience in regional energy policy and planning, quantitative analysis, legislative and regulatory analysis, legal analysis, benefit-cost and cost effectiveness analysis, and all aspects of climate action planning. Our partner Ascent is a full-service climate change, planning, and environmental consultancy. Working primarily with public-sector clients, Ascent offers a broad spectrum of planning and environmental services, including climate action, sustainability, and adaptation planning; greenhouse gas (GHG) analyses; and California Environmental Quality (CEQA) documentation.
Working together over the past six years, we have developed an approach to our climate action planning projects defined by transparency, consistency, collaboration, and stakeholder input. • Transparency – We believe in showing our work. Our team developed the ReCAP Technical Appendices that provide an open-source approach to climate planning. • Consistency – We have heard from cities around the region that consistency matters. As authors of the ReCAP Technical Appendices, we can ensure that our work is consistent with their methods.
• Collaboration – While our team has experts in all areas of climate planning, we don’t have all the answers. We see our role as facilitators and prefer to work collaboratively with staff to develop approaches that are consistent with regional frameworks yet customized to the needs of each jurisdiction.
• Stakeholder Input – We also believe that stakeholder input is a critical ingredient to effective CAPs, particularly gathering input from groups and individuals traditionally underrepresented in local government decision making.
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4 STATEMENT OF QUALIFICATIONS
We believe the EPIC-Ascent team has breadth and depth of expertise to perform all of the services required in the request for proposal’s scope of work. The following sections provide brief background information on our organizations and a summary of our qualifications. We also provide a summary of our experience and expertise as it related to each key element of the project. A detail description of our project approach, including the required tasks, is included in Section 5.
4.1 Background and Qualifications
The EPIC-Ascent team is a based in the San Diego region and has a long history of working with local jurisdictions to support climate planning efforts. We have supported various aspects of the City of La Mesa’s climate planning process and over time have developed strong working relations with City of La Mesa staff.
Our team has substantial local experience in climate action plan development, public engagement, and related CEQA analysis in our region dating back to 2008. The EPIC-Ascent team also has significant experience working together on local climate action planning projects. We jointly supported SANDAG’s 5-year local climate action planning support project, which included developing and/or updating CAPs for ten cities, conducting stakeholder outreach, developing implementation plans, conducting cost analysis, and supporting CEQA evaluations. During our time working together, EPIC and Ascent have developed a strong working relationship and would continue this collaborative approach on this project. Given our previous work together, we would not require any time to develop joint working approaches. In addition, given our previous experience working with City of La Mesa, our familiarity with ReCAP methodologies, and extensive experience in the region, we will be able to hit the ground running on day one.
Full resumes of participating staff are included in Appendix B. Examples of related projects are provided in Section 8.
4.1.1 Energy Policy Initiatives Center – University of San Diego The Energy Policy Initiatives Center (EPIC) is an energy and climate policy center based at the University of San Diego with expertise in policy, legal, and regulatory analysis, including quantitative and economic analysis. EPIC’s staff brings decades of experience in regional energy policy and planning, quantitative analysis, legislative and regulatory analysis, legal analysis, benefitcost and cost effectiveness analysis, all aspects of climate action planning, and local energy reach code ordinance development. EPIC has worked with nearly all local jurisdictions in the San Diego region. Recent notable projects include developing the methodologies included in the San Diego Association of Government’s (SANDAG) Regional Climate Action Planning (ReCAP) Framework; conducting policy and quantitative analysis for most CAPs in the San Diego region, including the most recently adopted CAP for City of Escondido; a comprehensive benefit-cost analysis for several jurisdictions in the region; energy ordinance development and cost effective analysis for the County of San Diego and City of Encinitas; Climate Equity Index development for the Cities of San Diego and Chula Vista; and, an analysis of local carbon offset credits opportunities in the San Diego region. EPIC is part of the team developing the Regional Decarbonization Framework.
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In addition to its work with most cities in the region, EPIC has strong relations with the San Diego Association of Governments (SANDAG), for which EPIC has been providing energy and climate support since the early 2000s, and state agencies including the California Energy Commission (CEC), California Public Utilities Commission (CPUC), and the California Air Resources Board (CARB), all of which EPIC has partnered with to conduct energy and climate policy related research and analysis.
EPIC staff comprises energy and climate policy experts, engineers, environmental scientists, economic and cost data analysts, and lawyers.
4.1.2 Ascent Environmental
Founded 12 years ago, Ascent Environmental, Inc. (Ascent) is a full-service climate change, planning, and environmental consultancy, headquartered in Sacramento, with offices in San Diego, Irvine, Oakland, and Lake Tahoe. Primarily working with public-sector clients, we offer a broad spectrum of planning and environmental services, including climate action, sustainability, and adaptation planning; climate vulnerability assessments; greenhouse gas (GHG) analyses; California Environmental Quality (CEQA) and National Environmental Policy Act (NEPA) documentation; and other regulatory compliance services. We are known for our in-depth understanding of climate science and our high-quality, innovative work. Using the latest climate change analysis tools, techniques, and research is central to our practice, resulting in efficiency; clear presentation of data and results; and effective, feasible climate planning and adaptation solutions.
We have worked on several important climate planning projects in the San Diego region and Southern California. Ascent has assisted the cities of Carlsbad, San Diego, Rancho Cucamonga, Murrieta, Encinitas, Solana Beach, Del Mar, San Marcos, Escondido, Vista, Lemon Grove, and El Cajon on Climate Action Plans (CAPs), CAP implementation plans, and CAP consistency checklists.
In addition, we have worked as extension of staff at the County of San Diego for over 10 years, serving as resident climate change and air quality experts for current and advance planning efforts.
Ascent has been assisting the San Diego Association of Governments (SANDAG) in standardizing and streamlining climate action planning in the San Diego region through development of the Regional Climate Action Planning Framework (ReCAP) and infographic CAP monitoring reports for member agencies (ReCAP Snapshots). Ascent also has recent experience working on CAPs and adaptation plans with jurisdictions throughout California, including the Cities of Milpitas, Fremont, and Irvine and the Counties of Tuolumne, Alameda, Monterey, Sacramento, and Napa. Along with our CAP and adaptation plans, we are preparing environmental documentation for the California Air Resources Board (CARB) on regulations and plans so we have an intimate familiarity with happenings in the capital that may be pertinent to this CAP.
Ascent is an S-Corporation with approximately 100 professional staff.
Work for this opportunity will be led from Ascent’s San Diego office, where we have 15 professionals, including experts in climate action planning, vulnerability assessments and adaptation planning, public outreach, and environmental compliance. The San Diego team will be supported by topical experts from our Sacramento office.
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4.2 Ability to Perform the Required Services
Our team has the expertise, experience, and staff capacity during the entire project duration to perform the required services. The following sections summarize the EPIC-Ascent team’s ability to perform the services outlined in RFP 22-13 A more detailed description of how we plan to complete these tasks is provided in Section 5 (Project Approach) and detailed information about relevant project experience is provided in Section 8 (References and Relevant Experience).
4.2.1 Public Engagement
Our partner Ascent has significant experience developing and executing public engagement plans.
Ascent has led similar efforts for the City of Escondido CAP, City of San Marcos CAP, County of Tuolumne CAP, City of Sunnyvale Air Quality and Noise Elements Update, and Yolo County Sustainability Plan.
Develop and Implement an Engagement Plan
Ascent’s staff are experienced in designing and implementing inclusive engagement programs to obtain meaningful input and buy-in from stakeholders and community members. The Ascent team has designed and facilitated hundreds of community workshops, design charrettes, focus group meetings, and online engagement platforms, working in diverse communities and adapting to different cultures, languages, and political environments. They have successfully worked with communities where climate change is a tough issue by reframing the conversation to focus on the co-benefits of climate action measures. Ascent is currently leading the outreach for the County of San Diego’s CAP and conducting a series of focus group meetings to get input from underrepresented groups and partnering with community-based organizations to increase capacity and reach wider audiences. Our work for the City of San Marcos CAP and the City of Escondido included an outreach and engagement strategy to provide residents, stakeholders, interested parties, and other agencies the opportunity to participate in the climate action planning process.
4.2.2 CAP Revisions
Prepare Materials and Attend Public Engagement Events
Both EPIC and Ascent have experience developing materials for and attending public engagement events. In terms of outreach materials, presentations, and handouts, our partner Ascent has a skilled graphics department that excels at creating visually-appealing designs, infographics, handouts, and charts to summarize technical information in easy-to-understand ways. One example of Ascent’s work is the Regional Climate Action Planning Framework (ReCAP) Snapshots for SANDAG jurisdictions. Ascent’s team has also supported clients in a variety of ways at public engagement events, from leading and facilitating interactive workshops, to supporting city and county staff in answering technical questions. Additionally, Ascent’s work on the County of San Diego CAP involved the use of virtual public workshops, online surveys, and stakeholder engagement, as well as a social media strategy and the preparation of informational videos. Our public engagement work for the City of San Marcos involved a series of public workshops and developing surveys to solicit input on preliminary GHG reduction measures through the City’s website and in “real-time” during the workshops. In addition, our work with the City of Escondido involved the use of tools to DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
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help engage different parties, such as notification lists, CEQA notices, a dedicated project website, electronic mail notifications, press releases, and handouts.
Review Existing Climate Action Plans
The EPIC-Ascent team is very familiar with all the CAPs in the region, having supported development of most of the plans, including 10 cities under SANDAG’s climate planning support program and the two largest jurisdictions, City of San Diego (EPIC and Ascent) and County of San Diego (Ascent), under separate contracts. EPIC also previously worked with La Mesa staff to develop both a CAP Benefit-Cost Analysis and Implementation Cost Analysis, so our team is familiar with existing measures. In addition, EPIC maintains a comprehensive database of CAP measures.
Our team will bring this existing knowledge of and experience in preparing CAPs to help complete this portion of the project.
Prepare a List of Candidate GHG Reduction Measures
Based on previous work, EPIC has developed a process to help local jurisdictions identify and select GHG reduction measures. EPIC’s database of CAP measures can support a customized list based on public input, technical feasibility, stakeholder acceptability, and other selection criteria. In addition, our team has extensive experience estimating GHG impacts of CAP measures and prepared SANDAG’s ReCAP Appendix II: GHG Reduction Calculation Methods for CAP Measures.
Conduct Benefit-cost Analysis and Co-Benefits
EPIC has completed several benefit-cost analyses of CAP measures in the San Diego region, including County of San Diego, City of El Cajon, and City of La Mesa. In addition, EPIC is very familiar with related methodologies and prepared SANDAG’s ReCAP Appendix III: Benefit-Cost Analysis for CAP Measures. Our team also has expertise in identifying co-benefits, including helping City of San Diego develop a comprehensive process to identify and prioritize co-benefits, including those related to climate adaptation and resilience.
Evaluate Existing GHG Reduction Targets
The EPIC-Ascent team has significant knowledge of state and regional climate planning guidance, including evaluating GHG reduction targets. Combined EPIC and Ascent have helped nearly all local jurisdictions in the region to develop GHG targets. Also, EPIC developed the ReCAP Appendix I on inventories, projections, and targets. This document includes information to help local governments develop targets that are consistent with state approached.
EPIC most recently worked with the City of San Diego and Ascent with the County of SD to develop targets for their CAP updates, including considerations for achieving net zero emissions by mid-century. A key component of this portion of the project is developing an inventory of GHG emissions. EPIC is contracted with SANDAG to develop inventories for local jurisdictions in the San Diego region over the next five years. Results of this work can be used to support this project.
Develop CAP Implementation Monitoring Procedures
Our team has significant experience with CAP implementation and monitoring, including developing implementation and monitoring sections of CAP documents, preparing stand-alone implementation plans, conducting implementation cost analysis, and supporting ongoing CAP monitoring activities in the San Diego region. As part our ongoing work to support SANDAG’s DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
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climate action planning monitoring efforts, EPIC prepared SANDAG’s ReCAP Monitoring Appendix VI: CAP Monitoring and Reporting, identified relevant monitoring metrics/indicators, and continues to support development of SANDAG’s Climate Action Data Portal and ReCAP Snapshots. In addition, EPIC has been under contract to the City of San Diego since 2016 to support development of its Climate Action Plan annual report. Our team can integrate and leverage work happening around the region to help facilitate this aspect of the project and to ensure that La Mesa’s efforts are consistent with other regional efforts.
Prepare Appropriate CEQA Documentation
Our partner Ascent has experts in compliance with all levels of CEQA review, including CEQA review of CAPs. They have conducted hundreds of analyses pursuant to CEQA for a wide range of projects and plan types and are also closely involved with the California Attorney General’s Office, Governor’s Office of Planning and Research (OPR), California Natural Resources Agency, and other agencies in developing guidance, methodology, and quantitative thresholds of significance for CEQA compliance related to air quality and GHG emissions, qualified GHG reduction and sustainability plans, impact assessment methods, and mitigation strategies. For example, Ascent support various air districts (e.g., BAAQMD, SMAQMD, and South Coast Air Quality Management District) in reviewing and developing updates to CEQA guidance and thresholds for GHG analysis and other regional air quality planning issues.
Additionally, Ascent’s team members led preparation of the landmark work on the California Air Pollution Control Officers Association’s CEQA and Climate Change guide that outlined, for the first time, GHG quantification methods and reduction strategies. Ascent also developed a comprehensive guide on the intersection of CEQA and climate action planning as part of the SANDAG ReCAP effort. The appendix to ReCAP covers considerations for developing Qualified CAPs, levels of CEQA coverage for Qualified CAPs and pros and cons of each approach, pathways to streamline GHG analyses of future projects using Qualified CAPs, and case law related to this topic.
Ascent tracks CEQA court decisions closely and continuously. It released guidance on GHG Analysis after the Newhall Ranch Decision to help our clients respond to the California Supreme Court’s direction about determining the significance of GHG emissions in Center for Biological Diversity v. California Department of Fish and Wildlife. Ascent is committed to staying informed about the ever-evolving requirements of our environmental planning practice, including CEQA case law, changes to the CEQA Statute and Guidelines, agency regulations, and other laws and regulations.
Develop Social Equity and Environmental Justice Strategies Our team has experience working with climate and social justice related projects. EPIC staff developed the first-of-its-kind climate equity index for the City of San Diego. We also developed a similar index for City of Chula Vista. As part of the Local Policy Opportunity analysis for the County of San Diego’s Regional Decarbonization Framework, EPIC also conducted a review of all CAPs in the San Diego region to determine whether and how social equity considerations were integrated.
Based on this review, EPIC developed an initial approach to incorporating social equity in CAPs. In addition, Ascent has led inclusive and equitable engagement programs targeted at multi-lingual, disadvantaged, and underrepresented groups for many CAPs and other projects. Ascent also has DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
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experience creating CAPs and vulnerability assessments that target groups that are most vulnerable to climate change and led the preparation of the County of San Diego’s first Environmental Justice Element.
Develop Climate Adaptation Strategies
Ascent’s work to develop CAPs across California demonstrates the firm’s long history of climate adaptation planning. Within the San Diego region, Ascent conducted a climate change vulnerability assessment for the City of Encinitas where adaptation strategies were developed to improve the city’s resilience to increased temperatures, sea level rise, increased wildfire risk, and less reliable water supply. Adaptation planning policies use existing and emerging technologies and planning strategies developed to improve the adaptivity of a community to climate change. Ascent has assisted with the County of San Diego in preparing a CAP including a climate change vulnerability assessment and development of adaptation strategies to make county populations and assets more resilient to climate change. In addition, Ascent assisted the County on its General Plan Safety and Environmental Justice Elements that also included an updated vulnerability assessment with adaptation goals and policies, which can be evaluated to determine their applicability to the City.
Ascent also has experience in adaptation planning and strategy development throughout the state of California, which includes recent experience with the County of Sacramento’s CAP, City of Rancho Cordova, the Town of Truckee, City of San Luis Obispo, City of Milpitas, City of Irvine, and City of Bakersfield.
4.2.3 Plan Adoption
Prepare Draft and Final CAP
Our team has developed and produced CAP documents for 10 jurisdictions in the San Diego region served by SANDAG’s Energy Roadmap Program and has also supported CAP development for the City of San Diego and County of San Diego. Ascent also has developed 40 CAP documents for cities, counties, and special districts around CA.
Ascent has been instrumental in preparing CAPs for California cities and counties, including awardwinning plans for the Cities of Sacramento and Encinitas, and County of Yolo. The Lake Tahoe Sustainability Action Plan, which consisted of both climate adaptation planning and GHG emission reductions, won a national award from the American Planning Association for environmental planning. Ascent works closely with their clients to determine the type of CAP that best suits their needs, from highly technical and detailed documents that guide staff in implementing CAP measures, to concise public-facing documents that communicate climate goals effectively to a lay audience.
Attend Public Meetings
Project team has participated in and supported preparations for dozens of Committee and City Council meetings, including to update decision makers on the progress of CAP development, explain and summarize data and methods, and adopt CAPs and related documentation. We are well-prepared to support this aspect of the project.
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4.3 Project Team Qualifications
The most important factor to accomplish the work proposed here is the team of experts that will execute that work. We have assembled a strong team to accomplish the work outlined in our project approach below. Our San Diego-based team has worked on climate planning in our region for over a decade and is well positioned to support La Mesa’s efforts to amend its CAP. Our team has sufficient staff capacity to complete the work proposed and will continue our history of producing high-quality deliverables in a timely manner.
The EPIC-Ascent team has unparalleled expertise and experience completing climate planning projects in the region and has supported nearly all climate action planning activities in our region:
from GHG inventory development to target selection; CAP measure development to CAP document production; benefit-cost analysis to implementation and monitoring efforts; CEQA checklist development to project review support; and, public engagement to CAP adoption.
Biographies of key personnel are provided below. Full resumes are provided in Appendix B.
4.3.1 Energy Policy Initiatives Center (EPIC)
Scott Anders, MA, Director
Mr. Anders has more than 20 years of experience working on energy and climate issues in the San Diego region. He is the Director of EPIC, a research center of the University of San Diego School of Law. He joined EPIC in October 2005 as its inaugural director and developed both its academic and research programs. His work focuses on regulatory and policy issues relating to the transition to a low-carbon economy. He has authored or co-authored numerous reports and papers on topics including energy efficiency, distributed generation, mitigating greenhouse gases, and smart grid strategies. Mr. Anders also has supported EPIC’s work with California cities to assist in climate action planning. Prior to joining EPIC, Mr. Anders was a senior manager of the Center for Sustainable Energy (CSE), where he directed regulatory activities and a portfolio of energy programs funded under the auspices of the California Public Utilities Commission. He also worked as a policy researcher for a Washington D.C. policy think tank and served as a Peace Corps Volunteer in Mali, West Africa. He holds an M.A. in public policy, with a concentration in energy and environmental policy, from the University of Maryland’s School of Public Policy.
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Nilmini Silva- Send, PhD, Assistant Director
Dr. Silva-Send has over 25 years professional experience. She leads the climate action planning work at EPIC, identifying and resolving energy and greenhouse gas (GHG) data issues, analyzing GHG reduction policies for climate action plans, developing monitoring metrics and identifying new innovative areas of study. Her recent work includes leading the development of a first-of-its-kind city climate equity index, leading the development of a holistic framework for climate adaptation and transportation resilience strategies to inform an economic guidance document for decisionmaking, developing innovative methods of analysis, for example for vehicle-miles traveled analysis from low-resolution projects. As Adjunct Professor at USD, she has developed and teaches a class in international energy law with a focus on international energy investment treaties, contracts and dispute resolution, World Trade Organization law related to national energy policies, and linkages with climate change law. She also teaches International Law of the Sea.
Prior to joining EPIC, Dr. Silva-Send worked in environmental and regulatory due diligence consulting in California, several European countries, and for U.S. Department of Defense facilities in Europe. She has developed and spoken at energy and environmental policy capacity-building workshops in Mexico, at the Asian Development Bank in Manila, Philippines, and in Saudi Arabia.
She has taught upper level courses in international law, international environmental law and European law at the University of Kiel, Germany. Dr. Silva-Send has a B.S. in Chemistry, an LLB from the University of London, and a PhD from the University of Kiel, Germany, in International Law and Policy.
Yichao Gu, MS, Technical Policy Analyst II
Yichao Gu is the Technical Policy Analyst II at EPIC. Gu’s work focus on developing, maintaining and updating EPIC’s tools and models on greenhouse gas emission inventories, business-as-usual forecast and reduction measures for local jurisdictions and San Diego region based on best available data and methods. Gu is familiar with various greenhouse gas reporting scopes and protocols such as U.S. community, government operation, corporation and public sector protocols; and greenhouse gas tools and models such as SEEC ClearPath, Air Resources Board and CalTrans mobile source emission models. Gu is skilled in using tools and software including MATLAB, R and ArcGIS to perform data analysis and visualization.
Since joining EPIC in 2015, Gu worked on the technical analysis for many of the climate action plan projects in the region, including develop greenhouse gas emissions inventories, forecast businessas-usual emissions, establish emission reduction targets based on state guidelines, quantify emission reduction measures for state programs (RPS, vehicle efficiency standards), and local measures (solar ordinance, efficiency retrofits, water conservation, alternative transportation modes).
Prior to joining EPIC, Gu worked as a research assistant at the California Department of Public Health, Indoor Air Quality Program. Gu holds a M.S in Civil Engineering from University of California, Berkeley, focus on the intersection of energy, civil infrastructure and climate science, and a B.S in Civil and Environmental Engineering from University of Illinois at Urbana-Champaign.
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Katherine Gonzalez, Assistant Director, Public Interest Law Communications Katherine Gonzalez (Katie) is the Assistant Director of Public Interest Law Communications at the University of San Diego (USD) School of Law. Ms. Gonzalez works with the Administrative Directors of the Center for Public Interest Law, Children’s Advocacy Institute, and Energy Policy Initiatives Center to enable strong communications support for both internal and external audiences. She provides editing, publishing, and strategic communications support for the academic and research programs of all three centers, and plays a significant role in editing and preparing for publication all journal articles, reports, and other publications.
She graduated from USD in 1998 with a Bachelor's in Political Science and a Graduate Certificate in Paralegal Studies, General Litigation. Ms. Gonzalez is an active member of the USD Paralegal Alumni Association and the San Diego Paralegal Association. In 2007, she was awarded San Diego Paralegal of the Year by the San Diego Daily Transcript.
4.3.2 Ascent Environmental
Poonam Boparai, Principal-in-Charge
Poonam is an Ascent principal and the firm’s Southern California Regional Director. She has over 14 years of experience in the public and private sectors preparing climate action plans and technical air quality and GHG analyses. She possesses a unique skill set that combines technical expertise with a keen understanding of planning and environmental policy. Poonam leads planning processes that are informed by robust technical analysis, and she guides inclusive, meaningful engagement of agency and community stakeholders to develop effective and locally appropriate and effective climate mitigation and adaptation policies and plans. She has successfully applied her expertise in assisting agencies such as the County of San Diego, SANDAG, San Diego Unified Port District, Imperial County Transportation Commission, Bay Area Air Quality Management District (BAAQMD), and Sacramento Metropolitan Air Quality Management District (SMAQMD) with air quality and climate change policy development, analysis methodologies, GHG reduction strategies, and development of GHG thresholds of significance. Poonam serves on the Association of Environmental Professionals (AEP) Climate Change Committee, a group of leaders of climate action planning practices from consulting firms and agencies that have led many of the local GHG reduction planning efforts across California. She holds a MS in Environmental Engineering (focus: air quality engineering and science) from the University of Illinois, Urbana-Champaign and a BE in Chemical Engineering from the Birla Institute of Technology and Science, Pilani, India.
Alyssa Way, Project Manager
Alyssa is an air quality and climate change analyst with experience in environmental impact analysis, data analysis, technical writing, and document preparation. She has worked on projects related to CEQA analysis and climate action planning. Her multidisciplinary education and professional experience allow her to conduct in-depth technical environmental analysis and provide resolution.
Alyssa has conducted numerous air quality and GHG analysis for EIRs and authored the GHG, air quality, and energy EIR sections for a variety of CEQA documents. She also serves as the air quality and GHG specialist for the County of San Diego, where she conducts reviews of applicantsubmitted air quality and GHG studies and provides guidance on related issues for County projects and scoping for CEQA documentation. Alyssa has conducted baseline GHG emissions inventories DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
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and forecasts, developed GHG reduction measures, and authored numerous CAPs in San Diego County and throughout California. She holds an MA in City and Regional Planning (environment and sustainability emphasis) from California Polytechnic State University, San Luis Obispo, and a BA in Urban Studies (sustainability emphasis) from the University of California, Irvine.
Sonam Sahu, GHG Analyst and Outreach Support
Sonam has worked on Paris Agreement implementation and supported developing countries in advancing their climate targets. She has over 3 years of research experience working on climate change action plans and GHG analysis and about 2 years of experience in public outreach and engagement. She developed a new multi-scoring analysis tool called the Climate Change Planning Index for Mumbai Metropolitan Region in India while working on her research project. She has worked on multiple climate change–related projects with academic institutes and private organizations. She is currently working on climate planning efforts with the Santa Clara County Water District (collecting data, preparing emissions inventory and projections, and quantifying reduction actions), Monterey County (quantifying carbon sequestration), San Diego County (outreach support), and two large specific plans in El Dorado County (performing detailed modeling to determine GHG offset and mitigation costs). Sonam holds a PhD in Global Environmental Studies (focused on localizing the Paris Agreement and Nationally Determined Contribution [NDC] and developing a climate resilience plan) from Kyoto University, Japan; an MS in Disaster Management from the Indian Institute of Technology, India; and a B.Arch. from Government College of Architecture, Lucknow, India.
Matt Gelbman, AICP, Outreach Specialist
Matt is a senior urban planner with over 12 years of experience working with jurisdictions throughout California. He has specific experience with outreach for climate action plans and vulnerability assessments (e.g., City of Rancho Cordova, City of Rancho Cucamonga, County of San Diego) and has also worked extensively on comprehensive plans, specific plans, and other policy planning efforts with the goal of increasing housing capacity and streamlining development approval. He is an experienced facilitator and effective communicator and has experience developing and executing community outreach strategies and public participation programs. Matt has experience leading in-person and virtual workshops and open houses and using a variety of other creative outreach tools and techniques, such as mobile meetings, interactive surveys, mapping activities, websites, and videos. He holds a Master of Urban and Regional Planning from the University of California, Irvine, and a BA in Sociology from Boston University.
Chris Mundhenk, CEQA Advisor
Chris has 22 years of experience in the performance of technical analysis, regulatory permitting, and management of CEQA and NEPA compliance projects. He also has extensive experience with air quality, GHG, and noise modeling, in addition to multiple biological surveys (both protocol- and reconnaissance-level). Chris has managed a diverse array of projects, ranging from programmatic/ large-scale projects like campus plans and larger specific plans to smaller development/ infrastructure projects for both public and private clients, including multiple cities and counties throughout California. He served as project manager for the CARB Community Air Protection Blueprint EA project that establishes a process for identifying communities with a high cumulative exposure burden, statewide strategies to reduce emissions of criteria air pollutants and toxic air DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
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contaminants (TACs), and criteria for development and implementation of community emission reduction programs and community air monitoring system. He is currently assisting CARB with the Advanced Clean Fleet regulation and associated environmental coverage. Chris holds a BA in Biology and Public Policy Analysis from Pomona College.
Andrew Martin, CEQA Project Manager
Andrew has diverse public and private sector experience in local and regional planning throughout California, with an emphasis on environmental documents and permits, climate action planning, and regional transportation planning and sustainable communities’ strategies. He has managed CEQA, NEPA, and environmental permit compliance for long-range plans, active transportation and transit capital improvements, and development projects, including program- and project-level environmental impact reports (EIRs), mitigated negative declarations (MNDs), addenda, exemptions, and various environmental permits and technical studies. Andrew’s climate action planning experience includes preparing climate action plans for local jurisdictions, overseeing the delivery of customized climate action planning services for several SANDAG member cities, including CEQA compliance for the San Marcos Climate Action Plan. He serves as the project manager for the County of San Diego’s CAP, which aims to achieve net zero GHG emissions in the unincorporated areas. Andrew also focuses on the intersection of CEQA and climate change issues.
He is well-versed in CEQA requirements for the tiering and streamlining of GHG emissions and has overseen the preparation of several CAPs that serve as CEQA-qualified plans for the reduction of GHG emissions. Andrew also helps public agencies streamline project-level CEQA analysis of GHG emissions through the preparation of CAP Consistency Checklists. In addition, Andrew has prepared CEQA compliance documents for CAPs, and specializes in GHG emissions analysis for projects subject to CEQA. Andrew holds an MCP (Master of City Planning) from San Diego State University and a BA in Sociology from California State University, Long Beach.
Nicole Greenfield, CEQA Analyst
Nicole has 6 years of experience in the environmental consulting field. She has prepared environmental documentation for transportation, recreation, and infill development projects throughout California. She has worked on projects with agencies that include the City of Los Angeles Bureau of Engineering, California Department of Transportation, California High-Speed Rail Authority, Los Angeles County Metropolitan Transportation Authority, and various local governments. Nicole uses her strong writing and critical thinking ability to support clients through the CEQA/NEPA process from project initiation to completion. Her responsibilities include preparing environmental documents and technical studies, conducting thorough QA/QC reviews, providing support at public meetings, and collaborating with interdisciplinary teams of designers, engineers, and technical specialists. She has also provided support with conducting rare plant and bat surveys, completing regulatory permit applications, and monitoring construction sites for permit compliance. She previously worked in ecosystem management and ecological restoration. Her experience includes habitat and vegetation surveys for biological research, as well as water quality and vegetation monitoring for various restoration projects. Nicole holds a BS in Integrative Biology from the University of California, Berkeley.
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Corey Alling, Graphic Specialist
Corey is a graphic designer and communications specialist with extensive experience in the environmental and urban design fields. He conducts data and information investigations related to renewable energy and transmission projects, environmental impact assessment, habitat conservation planning, outdoor recreation, and related topics. He also assists with internet applications for public outreach, such as creating and designing email newsletters and preparing public outreach materials. Corey manages Ascent’s website and social media accounts.
Additionally, he provides photography services and video editing for projects and marketing. Corey holds a BA in Communication from Saint Mary’s College of California.
Lisa Bradford, Administration
Lisa has worked in the field of finance and administration for over 10 years which includes specific environmental consulting project finance experience. Her role on Ascent projects includes reviewing purchase orders, contracts, and/or other related documentation for completeness and compliance with financial policies, procedures, and contractual requirements. Additionally, she prepares monthly project invoicing with a focus on DSO through efficient invoicing and collection by working with clients and project managers to ensure timely collection of accounts receivable.
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5 PROJECT APPROACH
The EPIC-Ascent team is pleased to provide our proposed approach to accomplish the work anticipated in RFP 22-13. In this section, we provide details on the approach we propose to use to accomplish the tasks included in the Scope of Work and necessary to update the City of La Mesa CAP. We also provide a summary of how each team member will contribute to the tasks outlined here and a description of our management approach.
Given our team’s experience preparing climate action plans for local jurisdictions in the region, our familiarity with City of La Mesa’s CAP, our ongoing work to support SANDAG’s regional climate planning activities, and our participation in the Regional Decarbonization Framework project, we believe we are in a strong position to complete the proposed tasks. We are also confident that we can integrate and leverage previous and ongoing work to efficiently complete the work anticipated for this project.
5.1 Scope of Work
Figure 1 demonstrates how most of the proposed tasks are interrelated. The public engagement process (Task 2) will gather stakeholder feedback to inform all other tasks of the project. In Tasks 3 and 11, EPIC will identify CAP measures from around the region and state. Social equity will be a filter for all measures and actions considered in the CAP (Task 10). EPIC will estimate the GHG reduction impacts (Task 4) and complete a benefit-cost analysis of candidate measures, including identification of co-benefits (Task 5). Based on the results of these tasks and any public feedback gathered during the public engagement process, EPIC will work with La Mesa staff to evaluate candidate measures (Task 6). Task 7 will evaluate options for updating the overall CAP GHG emissions targets to determine the amount of GHG reductions needed. A final list of measures will be used to develop CAP implementation monitoring procedures (Task 8), inform the required CEQA analysis (Task 9), and to prepare the CAP document for public review and the adoption process (Task 12).
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Figure 1 Integration of Proposed Tasks
The following sections provide detailed descriptions on our approach to complete the proposed tasks.
5.1.1 Task 1 Attend Project Meetings
EPIC and Ascent team members will attend the following meetings, as needed. Note that Tasks 2 and 12 include additional effort for Ascent to attend public engagement and CAP adoption meetings.
1.1 Attend Kick-Off Meeting
Within one week of executing the project agreement, the EPIC-Ascent team will participate in kickoff meeting with City of La Mesa staff to discuss project scope and schedule, establish roles, responsibilities, and communications protocols, and receive direction on initial tasks.
1.2 Attend Regular Project Meetings or Conference Calls EPIC and Ascent staff will participate in project update meetings or calls as determined by City staff. The purpose of the meetings includes but is not limited to review progress, discuss any challenges or pending decisions, and to plan future project activities.
Task 2
Develop and
Implement Public
Engagement Plan
Task 3
Identify CAP
Strategies and
Measures
Task 4
Estimate GHG
Impacts of CAP
Measures
Task 5
Complete
Benefit-Cost
Analysis
(co-benefits)
Task 6
Evaluate
Candidate CAP
Measures
Task 7
Evaluate Existing
GHG Reduction
Targets
Task 8
Develop CAP
Implementation
Monitoring
Procedures
Task 9
Prepare
Appropriate CEQA
Documentation
Task 12
Prepare Draft
and Final CAP
Document
Final List
of Measures
CAP Revision Tasks
Public Engagement Tasks
Plan Adoption Tasks
Task 10
Integrate
Social Equity
Task 11
Develop
Adaptation
Strategies
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1.3 Conduct Meetings with Relevant Staff and City Departments Our team will coordinate with City staff to conduct a kick off meeting with all relevant staff and meetings with relevant City departments. The meetings will be used to discuss and receive feedback on CAP targets, feasibilities of candidate measures, roles and responsibilities for implementing the CAP Actions, developing detailed tasks to implement the CAP Actions. These meetings will inform the CAP measure Benefit-Cost Analysis and implementation monitoring procedures.
1.4 Attend Public Meetings
EPIC and Ascent will attend all public meeting, including public engagement events and City Council meetings as needed throughout the project. With regard to CEQA, public review is not required if an Addendum is used for CEQA compliance. However, as there will need to be a finding that the CAP Amendment was adequately analyzed by a previous CEQA action, representatives from our team will be available to speak to any CEQA questions at up to two public hearings for CAP approval, as well as assist in report and presentation preparation.
Task 1 Work Products:
• Kick-off meeting
• Project meetings with City staff
• Meeting with City departments
• Support of City staff in preparing reports, presenting (at up to two meetings), and obtaining approval of the CAP (limited to answering questions about technical information in the CAP)
5.1.2 Task 2 Develop and Implement Public Engagement Plan Public engagement is an important component to nearly every aspect of the CAP Amendment No. 2 project. Feedback gathered through this process will inform CAP measure selection, target considerations, benefit-cost analysis, and the implementation monitoring tasks.
2.1 Develop Draft and Final Public Engagement Plan
Our team, led by Ascent for this task, will work with the City to develop a public engagement plan.
We are skilled in selecting and implementing a wide variety of outreach methods to bring in stakeholders and community members at the right time and in the right way. The plan’s overarching goals would be to foster broad engagement and to reach communities and individuals that are traditionally underrepresented in local government processes including, but not limited to, community-based network communities, the La Mesa First United Methodist Church, the Community Relations and Veterans Commission, and K–12 schools. Engagement plan objectives will be finalized in coordination with the City, and we recommend a process that prioritizes:
• Procedural Equity: We will employ targeted outreach efforts, such as working with community-based organizations and identifying community champions, to understand the needs and priorities of underrepresented groups.
• Accessibility and parity: Our team has successfully transitioned to webinars and public workshops using Zoom or other digital platforms during the COVID-19 pandemic and is skilled in using the platforms’ translation, active polling, breakout rooms, and Q&A DocuSign Envelope ID: E84A832D-29AD-46F3-AA01-9F32D48838FD
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functions. Our experience also includes designing engagement activities to ensure parity between any online and in-person activities.
• Building on the City’s Strengths: The City has active social media channels, a TV channel, and email listservs with up-to-date stories and announcements. The engagement plan will support use of existing communication channels by the City’s communications department to raise awareness of the CAP update, circulate workshop and event announcements, and solicit high-level input through tools such as surveys and questionnaires.
This public engagement plan will support the City in identifying community needs and perspectives, facilitate robust discussion to create mutual understanding, and result in thoughtfully crafted CAP measures that are feasible, equitable, and have stakeholder and community support.
The plan will consist of the following components: outreach objectives, timeline, stakeholder identification and recruitment strategies, outline of public workshops and stakeholder meetings, and a variety of other outreach methods lead through the City’s communication department. The engagement plan will also include a figure and description of how the outreach, CAP update, and environmental review processes align.
In terms of public workshops and stakeholder meetings, Ascent is prepared to develop and facilitate virtual events. In the case that socially distanced in-person events become feasible, we can pivot to hosting creative outreach methods such as pop-up workshops, project briefings at existing meetings hosted by other organizations, and kiosks at community events at an additional cost.
Implementation of the public engagement plan is detailed in Task 2.2.
2.2 Implement Public Engagement Plan Activities
Ascent will support implementation of the public engagement plan by preparing draft and final presentations and meeting materials for up to three City-led engagement events.
We will create materials that clearly communicate the purpose of the CAP, why public engagement is important, and how the community and stakeholders can be involved. These materials will be developed with key stakeholders in mind, such as City Council members, local industry and business groups, neighborhood associations, environmental organizations, and youth groups. One of our strengths is translating complex science and technical materials into easy-to-understand information supported by visuals. By providing the foundational understanding of climate change and the need for action, we can enable different audiences to engage with the CAP on the same level, share their perspectives, and provide input on CAP measures.
This scope of work includes attendance at and facilitation for one virtual public workshop (assumed to be one of the three City-led engagement events). The workshop structure would be determined during development of the public engagement plan under Subtask 2.1, but some options we recommend are using real-time electronic polling options and having themed breakout groups to discuss specific categories of CAP measures. Both methods ensure that more voices are heard. We will also work with the City to clearly identify how public input and perspectives inform CAP measures and are incorporated into the CAP. If the City would like Ascent to facilitate stakeholder meetings, additional workshops, or translation services, these are included under Optional Tasks 1 and 2.
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In addition, we will work to develop survey questions that can be administered during City-led engagement events and workshops. The survey questions can be used to collect feedback as part of an online survey or in hard-copy format during a community fair or to guide discussions during workshops or stakeholder interviews.
Task 2 Work Products:
• Draft and final public engagement plan (draft includes one cycle of comments from the City and one round of review) (electronic)
• Draft and final presentations and meeting materials for up to three City-led engagement events (electronic)
• Attendance and facilitation for one virtual public workshop (assumed to be one of the three City-led engagement events)
• One draft and one final set of survey questions to administer during City-led engagement events and workshops (electronic) (draft includes one round of comments from the City and one round of review)
5.1.3 Task 3 Identify CAP Measures
Based upon early public input and external CAP review, the project team will work with staff to identify candidate measures to reduce or remove GHG emissions.
3.1 Review City of La Mesa CAP Measures
EPIC will review existing CAP measures to determine if any revisions are needed based on current implementation process and the impact of latest California regulations. EPIC is familiar with La Mesa CAP measures and measures in most other CAPs in the region.
3.2 Review Existing CAP Measures in the Region and State EPIC will review CAP measures adopted in CAPs in the San Diego region and other notable cities around California, including those with similar characteristics. EPIC maintains a database of measures included in CAP in the San Diego region. EPIC will use this and results from additional CAP reviews to identify candidate CAP measures.
3.3 Prepare a List of Candidate CAP Measures
Based on the results of the review of existing measures, EPIC’s CAP measure database, other CAPs around the state, and feedback from the public and city departments, EPIC will develop a list of candidate measures for consideration by La Mesa staff. The final list of candidate measures will be evaluated in subsequent tasks.
Task 3 Work Products:
• Matrix of candidate CAP measures
5.1.4 Task 4 Estimate GHG Impacts of CAP Measures
Once a pool of candidate CAP measures is identified, EPIC will estimate the GHG reduction potential for each candidate measure.
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4.1 Collect Data
Based on previous work in the region and specifically with City of La Mesa, EPIC will identify data needs and work with city staff, relevant city departments, and third-party agencies (e.g., SANDAG), to collected data for GHG reduction potential calculation.
4.2 Calculate GHG Reduction Values
Using the methods included in SANDAG’s ReCAP Appendix II: GHG Reduction Calculation Methods for CAP Measures, EPIC will estimate the GHG reduction impacts of all candidate measures.
4.3 Develop Technical Document
EPIC will summarize the GHG reductions estimates and methods used for each candidate measures in a technical document.
Task 4 Work Products:
o Spreadsheet of preliminary results of GHG reduction values o Draft and final report on method to estimate GHG impacts of CAP measures
5.1.5 Task 5 Complete a Benefit-Cost Analysis on Draft CAP Measures EPIC will estimate the benefits and costs for draft CAP measures and will work with City staff to determine the final list of measures to be considered. For this task, EPIC will estimate benefit-cost ratios, cost-per-metric ton of GHG reduction values, and co-benefits to help understand the costeffectiveness of candidate CAP measures, including the financial impacts to residents and businesses. The methods used to complete the CAP Benefit-Cost Analysis will be consistent with the SANDAG ReCAP Framework Technical Appendix III.
5.1 Review Candidate CAP Measures to Determine Data Needs EPIC will review draft CAP measures to determine what data will be needed to conduct the benefitcost analysis and recommend next steps to collect needed data. EPIC will identify data gaps for each measure and provide a matrix to City staff to determine if any data is available internally (e.g., tree planting costs, land acquisition costs, electric vehicle charging installation costs).
5.2 Collect Data
EPIC will work with City staff and meet with appropriate department representatives, if needed, to collect cost data related to candidate CAP measures that focus on municipal operations. EPIC will also conduct necessary research to identify and collect additional data needed to estimate the benefits and costs for all other CAP measures.
5.3 Develop Benefit-Cost Analysis Tool
Based on the list of candidate CAP measures prepared in Task 3, EPIC customize its existing spreadsheet tool to calculate benefit-cost ratios and dollar-per-metric ton values for each measure.
If needed, EPIC will develop benefit-cost analysis methods for those draft CAP measures for which a method has not already been established. In general methods used will be consistent with those summarized in the SANDAG ReCAP Framework Technical Appendix III.
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