REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Brendan Rafferty, Assistant Administrative Services Director Date:November 12, 2024
Subject:Approval of Community Development Block Grant (CDBG) Supplemental Agreement 2024 - 2025 Program Year
Recommendation
Approve and authorize the Mayor to execute the Supplemental Agreement between the County of Riverside and the City of Lake Elsinore for the Use of 2024 – 2025 Community Development Block Grant Funds.
Background
At its meeting on November 14, 2023, the City Council approved the Community Development Block Grant (CDBG) projects for the fiscal year 2024 – 2025. At that time, the City Council decided to allocate FY 2024 – 2025 CDBG funds for the following:
•City of Lake Elsinore
•Assistance League of Temecula Valley
•Boys & Girls Club Scholarship Program
•HOPE Pantry Program
•Michelle’s Place
•Vista Community Clinic
Discussion
On September 27, 2024, the City received a “Supplemental Agreement for using 2024-2025 Community Development Block Grant Funds” (Agreement).
Executed copies of the Agreement must be returned to the County of Riverside Housing, Homelessness Prevention, and Workforce Solutions (HHPWS) no later than November 26, 2024, for the Board of Supervisors to approve, after which a fully executed agreement will be CDBG Supplemental Agreement 2024-2025 Program Year
forwarded to the City along with the “authorization to incur costs.” When staff receives the authorization, we can release funds to the approved projects with the assurance of reimbursement from the County of Riverside to the City of Lake Elsinore.
The City of Lake Elsinore requested $595,254 for the program year 2024-2025; however, HHPWS notified staff that this year’s total amount decreased to $587,974. Of the $587,974, thirteen percent (13%) is used for the Riverside County Administrative costs. The Remaining $511,537 is allocated to public service programs and capital improvement.
The approved allocation is as follows:
2. LE. 88-24 ADA Sidewalk Improvement Project $382,179 ADA Sidewalk Improvement Project Admin * $41,158
2.LE.89-24 Vista Community Clinic $20,840
2.LE90-24 Boys & Girls Club Scholarship Program $7,840
0.264-24 HOPE Pantry Program $28,840
0.265-24 Operation School Bell $25,840
0.266-24 Cancer Support Services $4,840
Total $511,537
* Approved by the County to be allocated upon receipt of funds from HUD.
Fiscal Impact
There is no fiscal impact to the 2024-2025 General Fund. Projects are paid through the CDBG reimbursement process once the “authorization to incur costs” has been issued by the County of Riverside.
Attachments
Attachment 1 - Supplemental Agreement
Attachment 2 - Original Agreement
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File No.: 2.LE.88-24, 2.LE.89-24, 2.LE.90-24,
0.264-24, 0.265-24, 0.266-24
SUPPLEMENTAL AGREEMENT FOR THE USE OF
2024-2025 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Supplemental Agreement (“Agreement”) is entered into by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, herein called, "COUNTY," and the CITY OF LAKE ELSINORE, a political subdivision of the State of California, herein called "CITY." COUNTY and CITY are collectively referred to as “Parties” and individually as “Party.” The COUNTY and CITY mutually agree as follows:
1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated August 4, 2023 (“Cooperation Agreement”), whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds (“CDBG”), and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, Title 1, as amended, Public Law 93- 383 hereinafter referred to as "Act." Said Cooperation Agreement, dated August 4, 2023, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein.
2. PU
RPOSE . CITY has been allocated $470,379 in CDBG Entitlement funds for the 2024- 2025 CDBG program year. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $410,859 CDBG Entitlement Funds, as specifically identified in Exhibit(s) A, B, C, D, E, and F, attached hereto, and are incorporated herein by this reference, for the following project(s) (collectively, the “Projects”):
A) 2.LE.88-24 ADA Sidewalk Improvement Project, $382,179.
B) 2.LE.89-24 Vista Community Clinic $20,840.
C) 2.LE.90-24 Boys and Girls Club Scholarship Program, $7,840.
CITY has allocated the remaining $ 59,520 from its 2024- 2025 CDBG allocation to certain activities identified below, hereinafter referred to as “County -wide Activities,” that will be directly administered by COUNTY:
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D) 0.264-24 H.O.P.E. Pantry Program, $28,840.
E) 0.265-24 Operation School Bell, $25,840.
F) 0.266-24 Cancer Support Services, $4,840.
3. TERM OF AGREEMENT . The term of this Agreement for the implementation of the Project(s) shall be for a period of one (1) year from July 1, 2024, to termination on June 30, 2025.
4. C OMPLETION SCHEDULE. CITY shall proceed consistent with the completion schedule set forth in Exhibit(s) A, B, C, D, E, and F, attached hereto and incorporated herein.
5. EXTENSION OF TIME. In the event the Project(s) are not substantially completed by the time set forth in the applicable completion schedule(s) due to a force majeure event (See Section 40 below), the COUNTY may consider extending the schedule for the completion of the project(s). Times of performance for other activities may also be extended in writing by COUNTY. If substantial progress toward completion in conformance with the completion schedule, as determined by COUNTY in its discretion, of the project(s) not made during the term of this Supplemental Agreement, COUNTY may suspend or terminate this Supplemental A greement pursuant to the termination procedures set forth in the section titled "Termination ," and the entitlement funds associated with the P roject(s) may be reprogrammed by the COUNTY after appropriate notice is provided to the City.
6. LETTER
TO PROCEED . CITY shall not initiate nor incur expenses for the CDBG - funded Projects or activities covered under the terms of this Supplemental Agreement as set forth in Exhibit(s) A, B, C, D, E, and F attached hereto, prior to receiving written authorization from COUNTY to proceed.
7. N O TICES . Each notice, request, demand, consent, approval or other communication (hereinafter in this Section referred to collectively as “notices” and referred to singly as a “notice”) which the CITY or COUNTY is required or permitted to give to the other party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and sufficiently given if: (a) personally delivered with proof of delivery thereof (any notice so delivered shall be deemed to have been received at the time so delivered); or (b) sent by Federal Express (or other similar national overnight courier) designating early morning delivery (any notice so delivered shall be deemed to have been received on the next Business Day following receipt by the courier); or (c) sent by United States registered or certified
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mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received two days after mailing in the United States), addressed to the respective parties as follows:
COUNTY CITY
Heidi Marshall, Director Jason Simpson, City Manager
Riverside County HWS City of Lake Elsinore
P.O. Box 1528 130 S. Main Street
Riverside, CA 92502 Lake Elsinore, CA 92530
8. DISBURSEMENT OF FUNDS.
A. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with Sections 2 and 3 of this Supplemental Agreement. COUNTY, through its Department of Housing and Workforce Solutions, shall make payment of the CDBG funds to CITY as set forth in the attached Exhibit(s) A, B, C, D, E and F. It is the CITY’s responsibility to monitor all project activities set forth in the attached Exhibit(s) A, B, C, D, E, and F, and to ensure compliance with applicable federal regulations and the terms of this Supplemental Agreement.
B. CITY shall comply with timely drawdown of CDBG Entitlement funding by expeditiously implementing and completing the COUNTY -approved, CDBG -funded Projects. CITY acknowledges that CITY’s drawdown performance directly impacts the COUNTY’s overall program drawdown rate. If the CITY’s unobligated CDBG fund balance, as of January 31, 2025, exceeds one hundred and seventy- five percent (175%) of the CITY’s 2024-2025 CDBG allocation, the COUNTY may, in its sole discretion, take the necessary administrative actions to reduce the CITY’s CDBG fund balance. Necessary actions include, but are not limited to, reprogramming the excess CDBG fund balance to other eligible activities as selected by COUNTY. COUNTY may, in its sole and absolute discretion, authorize CITY in writing, prior to January 31, 2025, to exceed the CDBG fund balance requirement.
C. CITY shall comply with timely drawdown of CDBG funds by submitting monthly requests for reimbursement or other COUNTY approved reimbursement schedules. All disbursements
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of CDBG funds will be on a reimbursement basis and made within thirty (30) days after the COUNTY has received the CITY’s reimbursement request including documentation supporting expenditures.
D. All authorized obligations incurred in the performance of the Supplemental Agreement for projects eligible under the following CDBG regulations must be reported in writing to COUNTY no later than June 1, 2025:
1. Acquisition [24 Code of Federal Regulations (CFR) 570.201 (a)]
2. Clearance Activities [24 CFR 570.201 (d)]
3. Interim Assistance [24 CFR 570.201 (f)]
4. Code Enforcement [24 CFR 570.202 (c)]
All public service activities [24 CFR 570.201 (e)] and other eligible activities under this Supplemental Agreement must be implemented, completed, and obligations reported in writing to the COUNTY by the CITY no later than the completion schedules set forth in the attached Exhibits to this Supplemental Agreement. ”CFR” as used herein refers to the Code of Federal Regulations.
9. RECORDS AND INSPECTIONS.
A. CITY shall establish and maintain financial, programmatic, statistical, and other supporting records of its operations and financial activities in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Section 570.502 (a), as they relate to the acceptance and use of federal funds under this Agreement. Said records shall be retained for a period of four (4) years from the date that the activity or program funded with the CDBG Grant is closed out by the COUNTY and reported as complete in the Comprehensive Annual Performance and Evaluation Report (CAPER). Exceptions to the four (4) year retention period requirement, pursuant to 2 CFR 200.333 include, but not limited to, the following:
i. if any litigation, claim, or audit is started prior to the expiration of the four (4) year period;
ii. when the CITY is notified in writing by the COUNTY, HUD, or other Federal agency to extend the retention period;
iii. records for real property and equipment acquired with CDBG funds must be retained for four (4) years after final disposition;
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iv. when the records are transferred by the CITY to the COUNTY, HUD, or other Federal agency, the four (4) year period is not applicable.
B. CITY shall obtain an external audit in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.500). Audits shall usually be performed annually but not less frequently than every two years. Nonprofit institutions and government agencies that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements, but records must be available for review by appropriate officials of the Federal grantor agen cy or subgranting entity. The audit report shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S fiscal year.
C. CITY shall maintain a separate account for the CITY’S CDBG Entitlement funds received as set forth in Exhibit(s) A, B, C, D, E, and F attached hereto.
D. Pursuant to 2 CFR 200.336, CITY shall, during the normal business hours, make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD), or other authorized representative, for the examination and copying, all of its records and other materials with respect to matters covered by this Agreement and provide reasonable access to CITY staff for the purpose of interview and discussion related to the records and documents.
E. CITY shall not retain any program income as defined in 24 CFR 570.500. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities.
F. The CITY shall ensure that at least fifty -one percent (51%) of the persons benefiting from all CDBG-funded activities or projects designated as serving limited clientele [24 CFR 570.208(a)(2)(i)] are of low and moderate-income and meet the applicable household income guidelines.
The CITY shall provide the required income certification and direct benefit documentation, in writing, to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A, B, C, D, E, and F, attached hereto. In the event that CITY engages the services of a sub-contractor to implement CDBG-funded activities, the CITY must collect, in writing, all required income certification and direct benefit documentation from subcontractors prior to submittal to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A, B, C, D, E and F, attached hereto.
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10. COMPLIANCE WITH LAWS. CITY shall comply with all applicable federal, state, and local laws, regulations, and ordinances and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 570 . CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above-mentioned Cooperation Agreement. CITY shall comply, if applicable, with Section 3 of the Housing & Urban Development Act of 1968 (12 U.S.C.A. Section 1701u), as amended, a copy of which is attached hereto as Exhibit “S”, and incorporated herein by this reference. CITY shall adhere to the regulations as set forth in Exhibit “R”, attached hereto and incorporated herein by thi s reference, pertaining to inherently religious activities. CITY shall comply with the Additional Federal Requirements, if applicable, attached hereto as Exhibit “AFR”, and incorporated herein by this reference.
11. C
OOPERATION WITH HOUSING ACTIVITIES . CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in implementing and undertaking the goals and strategies identified in the 2024-2029 Five Year Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community Development Block Grant Program.
12. L EAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to Title 14 CCR Section 1501(d), the CITY is designated as the lead agency for the project s that are the subject matter of this Supplemental Agreement.
13. HOL D HARMLESS AND INDEMNIFICATION. In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages including, but not limited to, claims, demands, losses, liabilities, costs and expenses including reasonable attorneys ’ fees, resulting from the negligent
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or wrongful acts or omissions of their employees or agents in the performance of this Agreement, and each Party shall indemnify, defend and hold harmless the other Parties from such claims, demands, damages, losses or liabilities for their negligence.
The hold harmless and indemnification obligations set forth herein shall survive the termination and expiration of this Agreement. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CITY from indemnifying the Indemnitees to the fullest extent allowed by law.
14. I NSURANCE . Without limiting or diminishing the CITY’s obligation to indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of COUNTY OF RIVERSIDE Supervisors, employees, elected or appointed officials, agents, or representatives as Additional Insureds
a. W
orkers’ Compensation:
If the CITY has employees as defined by the State of California, the CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside.
b. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY’S performance of its obligations hereunder. Policy shall name the County of Riverside as Additional Insured. Policy’s limit of liability shall not be less than $ 2,000,000 per occurrence combined single limit. If such insurance c ontains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. b.1 Sexual Abuse or Molestation (SAM) Liability:
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If the work will include contact with minors, and the Commercial General Liability policy is not endorsed to include affirmative coverage for sexual abuse or molestation, Vendor/Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $2,000,000 per occurrence or claim.
c. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside as Additional Insured. d. General Insurance Provisions - All lines :
(i). Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
(ii). The CITY must declare its insurance self-insured retentions. If such self- insured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to the COUNTY, and at the election of the Country’s Risk Manager, CITY’S carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. (iii). CITY shall cause CITY’S insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all
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Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. CITY shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.
(iv). It is understood and agreed to by the parties hereto that the CITY’S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or self-insured retention’s or self-insured programs shall not be construed as contributory. (v). If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of or, the term of this Agreement, includi ng any extensions thereof, exceeds five (5) years, the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage’s currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the CITY has become inadequate.
(vi). CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
(vii). The insurance requirements contained in this Agreement may be met with
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a program(s) of self-insurance acceptable to the COUNTY. (viii). CITY agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
15. INDEPENDENT CONTRACTOR . The CITY is, for purposes relating to this Supplemental Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CITY (including its employees, agents and subcontractor’s) shall in no event be entitled to any benefits to which the COUNTY employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer-employee relationship between the parties; and the CITY shall hold the COUNTY harmless from any and all claims that may be made against the COUNTY based upon any contention by a third party that an employer-employee relationship exists by reason of this Supplemental Agreement. It is further understood and agreed by the parties that the CITY in the performance of this Supplemental Agreement is subject to the control or direction of the COUNTY merely as to the results to be accomplishe d and not as to the means and methods for accomplishing the results.
16. NOND
ISCRIMINATION. CITY shall abide by 24 CFR Sections 570.601 and 570.602 of Title 24 of the Code of Federal Regulations which requires that no person in the United States shall on the grounds of race, color, national origin, sex, sexual orientation, gender identity, or veterans status be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds.
CITY shall abide by and include in any subcontracts to perform work under this Supplemental Agreement, the following clause:
"During the performance of this Supplemental Agreement, CITY and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability , medical condition, marital status, veterans status, sexual orientation, gender identity, age (over 40) or sex. CITY and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CITY and subcontractors shall comply with the
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provisions of the Fair Employment and Housing Act (California Government Code Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Commission are implementing California Government Code Section 12990 et seq., set forth in Chapter 1 of Division 4.1 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement."
17. PROHIBITION AGAINST CONFLICTS OF INTEREST
A. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611.
B. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.
C. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
D. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG -assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG -assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.
E. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR
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570.611(d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD in the COUNTY’S sole and absolute discretion. In determining whether such request is appropriate for s ubmission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611(d)(2).
F. Prior to the distribution of any CDBG funding under this Supplemental Agreement, CITY shall provide COUNTY, in writing, a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Supplemental Agreement.
G. Any violation of this Section 17 shall be deemed a material breach of this Supplemental Agreement, and the Supplemental Agreement shall be immediately terminated by the COUNTY.
18. LOBBYING. CITY certifies to the best of its knowledge and belief, that:
a. No federally-appropriated funds have been paid or will be paid, by or on behalf of the CITY , to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federally-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 CITY shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. CITY 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,
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loans, and cooperative agreements) and that all sub- recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
19. TERMINATION.
A. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY, pursuant to 2 CFR 200.339 (a)(3).
B. C OUNTY. Notwithstanding the provisions of Paragraph 19a above , COUNTY may suspend or terminate this Supplemental Agreement upon a ten (10) day written notice to CITY of action being taken and the reason for such action including, but not limited to, the following reasons:
(1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Supplemental Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Supplemental Agreement invalid or untenable; or
(3) In the event the funding from the Department of Housing and Urban Development referred to in Sections 1 and 2 above is terminated or otherwise becomes unavailable.
C. This Agreement may be terminated and/or funding suspended, in whole or in part, for cause in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200.339). Cause shall be based on the failure of the CITY to materially comply with either the terms or conditions of this Agreement. Upon suspension of funding, the CITY agrees not to incur any costs related thereto, or connected with, any area of conflict from which the COUNTY has determined that suspension of funds is necessary. CITY acknowledges that failure to comply with Federal statutes, regulations, or the terms and conditions of this Agreement may be considered by the COUNTY in evaluating future CDBG and non-CDBG funding applications submitted by CITY.
D. Upon suspension or termination of this Supplemental Agreement, CITY shall return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of this Supplemental Agreement.
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E. Reversion of Assets
1. Upon expiration or termination of this Supplemental Agreement, the CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of the Supplemental Agreement as well as any accounts receivable held by CITY which are attributable to the use of CDBG funds awarded pursuant to this Supplemental Agreement.
2. Any real property under the CITY’S control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the CITY in the form of a loan) in excess of $25,000 is either:
(i) Used to meet one of the National Objectives pursuant to 24 CFR 570.208 until five years after expiration of this agreement, or for such longer period of time as determined to be appropriate by the COUNTY; or
(ii) Not used in accordance with Clause (i) above, in which event the CITY shall pay the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non- CDBG funds for the acquisition of, or improvement to, the property.
20. PUBLICITY. Any publicity generated by CITY for the Projects funded pursuant to this Supplemental Agreement will make reference to the c ontribution of the C OUNTY, the Department of Housing, and Workforce Solutions, and the Community Development Block Grant Program in making the project possible.
21. P ROGRAM MONITORING AND EVALUATION. CITY and its subcontractors shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Supplemental Agreement and the effective and efficient achievement of the CDBG National Objectives as set forth in Exhibit(s)A, B, C, D, E, and F, attached hereto. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to, the following data elements:
A. Title of program, listing of components, description of activities/operations.
B. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals and identify any problems encountered in meeting goals.
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C. If the CDBG-funded activity meets a National Objective under 24 CFR 570.208 (a)(2)(i), CITY will report the following:
1) Total number of direct beneficiaries (clientele served) with median household incomes (MHI) at:
• Above 80% MHI
• Between 50% and 80% MHI (Low-Income)
• Between 30% and 50% MHI (Very Low-Income)
• Less than 30% MHI (Extremely Low-Income)
2) Total number and p ercent (%) of the clientele served that have household incomes at or below 80% MHI
3) Racial ethnicity of clientele
4) Number of Female-Headed Households
D. CITY shall report, in writing, and cause its subcontractors to report , in writing, beneficiary statistics monthly to Housing and Workforce Solutions (HWS) on the pre-approved Direct Benefit Form and Self-Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by HWS should HUD implement changes during the term of this Supplemental A greement. CITY and subcontractors will collect and provide all necessary data required by HUD pertaining to the Specific Outcome Indicators as identified in HUD’s Community Planning and Development (CPD) Outcome Performance Measurement System.
22. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval from HWS prior to implementing the following “high risk” activities funded with CDBG assistance:
A. Construction of public facilities (project plans and specifications); B. Acquisition of real property;
C. Historic Preservation;
D. Relocation; and
F. Economic Development
23. PRIOR COUNTY APPROVAL (CONSTRUCTION ACTIVITIES) . CITY shall obtain COUNTY's written approval, through its HWS, of the project plans , specifications, and construction
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documents prior to CITY’S construction of same for all projects consisting of CDBG-funded construction activities. The COUNTY neither undertakes nor assumes nor will have any responsibility or duty to CITY or to any third party to review, inspect, supervise, pass judgment upon or inform CITY or any third party of any matter in connection with the development or construction of the improvements, whether regarding the quality, adequacy or suitability of the plans, any labor, service, equipment or material furnished to the property, any person furnishing the same, or otherwise. CITY and all third parties shall rely upon its or their own judgment regarding such matters, and any review, inspection, supervision, exercise of judgment or information supplied to CITY or to any third party by the COUNTY in connection with such matter is for the public purpose of assisting with a community development and housing activity pursuant to the Act, and neither CITY (except for the purposes set forth in this Agreement) nor any third party is entitled to rely thereon. The COUNTY shall not be responsible for any of the work of construction, improvement, or development of the property.
It is the responsibility of CITY , without cost to COUNTY, to ensure that all applicable local jurisdiction land use requirements will permit development of the property and construction of the improvements and the use, operation, and maintenance of such Improvements in accordance with the provisions of this Agreement. Nothing contained herein shall be deemed to entitle Sponsor to any local jurisdiction or County permit or other local jurisdiction or County approval necessary for the development of the Property, or waive any applicable local jurisdiction or County requirements relating thereto. This Agreement d oes not (a) grant any land use entitlement to CITY , (b) supersede, nullify, or amend any condition which may be imposed by the local jurisdiction in connection with approval of the development described herein, (c) guarantee to CITY or any other party any profits from the development of the Property, or (d) amend any local jurisdiction or County laws, codes or rules.
City agrees and acknowledges that it is the responsibility of City to obtain a legal determination at City’s sole cost and expense, as to whether prevailing wages must be paid during construction of the Project. If the Project is subject to prevailing wage s, then City shall be solely responsible to pay its contractors and subcontractors the required prevailing wage rate. City agrees to indemnify, defend,
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and hold County harmless from and against any liability arising out of and related to City’s failure to comply with any and all Davis Bacon and or prevailing wage requirements.
24. PRIOR COUNTY APPROVAL ( AQUISITION ACTIVITIES). CITY shall obtain COUNTY's written approval and authorization to proceed, through HWS, of all CDBG -funded real property acquisition activities.
25. R EAL PROPERTY ACQUIRED OR PUBLIC FACILITY CONSTRUCTED WITH CDBG FUNDS. When CDBG funds are used, in whole or in part, by CITY to acquire real property or to construct a public facility, CITY will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.311); National Environmental Policy Act of 1969 (42 U.S.C.A. §4321, et seq.); the California Environmental Quality Act (Cal. Pub. Resources Code §21000, et seq.); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C.A. §4630, et seq.); and the COUNTY’s Five Year Consolidated Plan. In addition, the following is to occur:
a. Title to the real property shall vest in CITY;
b. The real property will be held by CITY , or the constructed facility will be maintained by the CITY, for a minimum period of five (5) years from the date the CDBG -funded activity is closed-out and reported as complete by the COUNTY through the Comprehensive Annual Performance and Evaluation Report (CAPER);
c. While held by CITY , the real property or the constructed facility is to be used exclusively for the purposes for which acquisition or construction was originally approved by COUNTY;
d. Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is consistent with the COUNTY’S Five-Year Consolidated Plan or the applicable federal regulations governing CDBG funds;
e. Should CITY desire to use the real property or the constructed facility, prior to the completion of the mandatory five-year period, for a purpose not consistent with applicable federal
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regulations governing CDBG funds or to sell the real property or facility, then:
(1) If CITY desires to retain title, CITY will reimburse COUNTY the amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds initially comprised of monies paid to acquire the property or construct the facility; or (2) If CITY sells the property or facility or is required to sell the property or facility, CITY shall reimburse COUNTY the amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds initially comprised of monies paid to acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.
26. ENTIRE AGREEMENT. This Supplemental Agreement, including any attachments or exhibits hereto constitutes the entire Supplemental Agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Each of the attachments and exhibits attached hereto is incorporated herein by this reference.
27. S EVERABILITY. Each section, paragraph and provision of this Supplemental Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall remain in full force and effect.
28. E MPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT . CITY agrees to notify in writing, and to cause any subcontractor implementing CDBG -funded Projects to notify, in writing, the Riverside County Workforce Development Center of any and all job openings that are caused by the CDBG-funded Projects under this Supplemental Agreement.
29. M INISTERIAL ACTS . The Director of Housing and Workforce Solutions or designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Supplemental Agreement as it may be amended from time-to-time by COUNTY.
30. P
ROJECT ELIGIBILITY . As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the U.S. Department of Housing and Urban
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Development, or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG entitlement funds from the COUNTY.
31. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant to this Supplemental Agreement is Community Development Block Grant funds (CFDA 14.218), and the Grant Award Number is B-24-UC-06-0506.
32. AS SIGNMENT . The CITY shall not make any assignment or transfer in any form with respect to this Supplemental Agreement, without prior written approval of the COUNTY.
33. I NTERPRETATION AND GOVERNING LAW . This Supplemental Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. This Supplemental Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Supplemental Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.
34. W
AIVER. Failure by a party to insist upon the strict performance of any of the provisions of this Supplemental Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s rights to insist and demand strict compliance by the other party with the terms of this Supplemental Agreement thereafter.
35. J
URISDICTION AND VENUE : Any action at law or in equity arising under this Supplemental Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Supplemental Agreement shall be filed only in the Superior Court of the State of California, located in Riverside, California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction
36. US E OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use, by CITY or the CITY’S subcontractor implementing the CDBG -funded activity, for a period of five (5) years from the close-out date of the grant from which CDBG assistance was provided. The CITY shall maintain a current inventory for COUNTY monitoring and review.
37. AUT
HORITY TO EXECUTE. The persons executing this Supplemental Agreement or
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exhibits attached hereto on behalf of the parties to this Supplemental Agreement hereby warrant and represent that they have the authority to execute this Supplemental Agreement and warrant and represent that they have the authority to bind the respective parties to this Supplemental Agreement to the performance of its obligations hereunder.
38. EFFECTIVE DATE. The effective date of this Supplemental Agreement is the date the parties sign the Supplemental Agreement. If the parties sign the Supplemental Agreement on more than one date, then the last date the Supplemental Agreement is signed by a party shall be the effective date.
39. C OUNTERPARTS . This Supplemental Agreement may be signed by the different parties hereto in counterparts, each of which shall be an original but all of which together shall constitute one and the same agreement.
40. FORCE MAJEURE.
A. Performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock- outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, pandemic, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub-contractor or supplier, acts of the other party, acts or failure to act of a public or governmental agency or entity, or any causes beyond the control or without the fault of the party claiming an extension of time to perform.
B. An extension of time for any such cause (a “Force Majeure Delay”) shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) calendar days of knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date the event commenced, and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall deliver such written notice within thirty (30) calendar days after it obtains knowledge of the event.
41. MODIFICATION OF AGREEMENT. This Supplemental Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY
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and CITY respectively.
42. DIGITAL AND ELECTRONIC SIGNATURES. The parties agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17). The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
[Remainder of Page Intentionally Blank]
[Signatures on Following Page]
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IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as of the dates set forth below.
COUNTY OF RIVERSIDE, CITY OF LAKE ELSINORE,
a political subdivision of the A general law city
State of California
BY: ____________________________ BY: _________________________ Juan Garcia, Name:
Deputy Director
Title:
Date:
Date:
APPROVED AS TO FORM: ATTEST:
MINH C. TRAN
COUNTY COUNSEL
By: ____________________________ BY: _________________________ Paula S. Salcido, City Clerk
Deputy County Counsel
APPROVED AS TO FORM:
BY: __________________________
City Attorney
EXHIBIT "R"
24 C.F.R. § 5.109
Equal participation of faith-based organizations in
HUD programs and activities.
Effective: May 4, 2016
(a) Purpose.
Consistent with Executive Order 13279 (issued on December 12, 2002, 67 FR 77141), entitled “Equal Protection of the Laws for Faith–Based and Community Organizations,” as amended by Executive Order 13559 (issued on November 17, 2010, 75 FR 71319), entitled “Fundamental Principles and Policymaking Criteria for Partnerships With Faith–Based and Other Neighborhood Organizations,”, and further amended by Executive Order 13831 (issued on May 3, 2018, 83 FR 20715) entitled “Establishment of a White House Faith and Opportunity Initiative,” this section describes requirements for ensuring the equal participation of faith -based organizations in HUD programs and activities. These requirements apply to all HUD programs and activities, including all of HUD’s Native American Programs, except as may be otherwise noted in the respective program regulations in title 24 of the Code of Federal Regulations (CFR), or unless inconsistent with certain HUD program authorizing statutes.
b) Definitions. The following definitions apply to this section:
Direct Federal financial assistance means Federal financial assistance provided when a Federal Government agency or an intermediary, as defined in this section, selects the provider and either purchases services from that provider (i.e., via a contract) or awards funds to that provider to carry out an activity (e.g., via grant, sub- grant, sub-award, or cooperative agreement). The recipients of sub- grants or sub-awards that receive Federal financial assistance through State-administered programs (e.g., flow-through programs) are considered recipients of direct Federal financial assistance. In general, Federal financial assistance shall be treated as direct, unless it meets the definition of indirect Federal financial assistance.
Federal financial assistance means assistance that non–Federal entities receive or administer in the forms of grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, deduction, or exemption.
Indirect Federal financial assistance means Federal financial assistance provided when the choice of the provider is placed in the hands of the beneficiary, and the cost of that service is paid through a voucher, certificate, or other similar means of Gove rnment-funded payment. Federal financial assistance provided to an organization is considered indirect when the Government program through which the beneficiary receives the voucher, certificate, or other similar means of Government -funded payment is neutral toward religion meaning that it is available to providers without regard to the religious or non- religious nature of the institution and there are no program incentives that deliberately skew for or against religious or secular providers; and the organization receives the assistance as a result of a genuine, independent choice of the beneficiary.
Intermediary means an entity, including a nongovernmental organization, acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that accepts Federal financial assistance and distributes that assistance to other entities that, in turn, carry out activities under HUD programs.
(c) Equal participation of faith-based organizations in HUD programs and activities.
Faith-based organizations are eligible, on the same basis as any other organization, to participate in any HUD program or activity, considering any permissible accommodations, particulary under the Religious Freedome Restoration Act. Neither the Federal Government, nor a State, tribal or local government, nor any other entity that administers any HUD program or activity, shall discriminate against an organization on the basis of the organization’s religious character, affiliation, or lack thereof, or on the basis of the organization’s religious exercise. For purposes of this part, to discriminate against an organization on the basis of the organization’s religious exercise means to disfavor an organization, including by failing to select an organization, disqualifying an organization, or imposing any condition or selection criterion that otherwise disfavors or penalizes an organization in the selection process or has such an effect:
(1) Because of conduct that would not be considered grounds to disfavor a secular organization; (2) Because of conduct that must or could be granted an appropriate accommodation in a manner consistent with RFRA (42 U.S.C. 2000bb through 2000bb-4) or the Religion Clauses of the First Amendment to the Constitution;
or
(3) Because of the actual or suspected religious motivation of the organization's religious exercise. (4) In addition, decisions about awards of Federal financial assistance must be free from political interference or even the appearance of such interference and must be made on the basis of merit, not based on the organization's religious character, affiliation, or lack thereof, or based on the organization's religious exercise. Notices of funding availability, grant agreements, and cooperative agreements shall include language substantially similar to that in appendix A to this subpart, where faith-based organizations are eligible for such opportunities.
(d) Independence and identity of faith-based organizations.
(1) A faith -based organization that applies for, or participates in, a HUD program or activity supported with Federal financial assistance retains its autonomy, right of expression, religious character, authority over its governance, and independence, and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs. A faith- based organization that receives Federal financial assistance from HUD does not lose the protections of law.
(2) A faith -based organization that receives direct Federal financial assistance may use space (including a sanctuary, chapel, prayer hall, or other space) in its facilities (including a temple, synagogue, church, mosque, or other place of worship) to carry out activities under a HUD program without concealing, altering, or removing religious art, icons, scriptures, or other religious symbols. In addition, a faith- based organization participating in a HUD program or activity retains its authority over its internal governance, and may retain religious terms in its organization’s name, select its board members and employees on the basis of their acceptance of or adherence to the religious tenets of the organization consistent with paragraph (i) of this section), and include religious references in its organization’s mission statements and other governing documents.
(e) Explicitly religious activities.
If an organization engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by direct Federal financial assistance and participation must be voluntary for the beneficiaries of the programs or activities that receive direct Federal financial assistance. The use of indirect Federa l financial assistance is not subject to this restriction. Nothing in this part restricts HUD’s authority under applicable Federal law to fund activities, that can be directly funded by the Government consistent with the Establishment Clause of the U.S. Constitution.
(f) Intermediary responsibilities to ensure equal participation of faith-based organizations in HUD programs.
If an intermediary - acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that is administering a program supported by Federal financial assistance - is
given the authority to select a nongovernmental organization to receive Federal financial assistance under a contract, grant, sub- grant, sub- award, or cooperative agreement, the intermediary must ensure that such organization complies with the requirements of this section. If the intermediary is a nongovernmental organization, it retains all other rights of a nongovernmental organization under the program’s statutory and regulatory provisions.
(g) Nondiscrimination requirements.
Any organization that receives Federal financial assistance under a HUD program or activity shall not, in providing services with such assistance or carrying out activities with such assistance, discriminate against a beneficiary or prospective beneficiary on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. However, an organization that participates in a program funded by
indirect Federal financial assistance need not modify its program or activities to accommodate a beneficiary who chooses to expend the indirect aid on the organization's program and may require attendance at all activities that are fundamental to the program.
(h) No additional assurances from faith-based organizations.
A faith -based organization is not rendered ineligible by its religious nature to access and participate in HUD
programs. Absent regulatory or statutory authority, no notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by HUD or a recipient or intermediary in administering Federal financial assistance from HUD shall require otherwise eligible faith-based organizations to provide assurances or notices where they are not required of similarly situated secular organizations. All organizations that participate in HUD programs or activities, including organizations with religious character or affiliations, must carry out eligible activities in accordance with all program requirements, subject to any required or appropriate accommodation, particularly under the Religious Freedom Restoration Act,
and other applicable requirements governing the conduct of HUD-funded activities, including those prohibiting the use of direct financial assistance to engage in explicitly religious activities. No notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by
HUD or a recipient or intermediary in administering financial assistance from HUD shall disqualify otherwise eligible faith -based organizations from participating in HUD's programs or activities because such organization is motivated or influenced by religious faith to provide such programs and activities, or because of its religious character or affiliation, or on grounds that discriminate against an organization on the basis of the organization's religious exercise, as defined in this part.
(i) Exemption from Title VII employment discrimination requirements.
A religious organization’s exemption from the Federal prohibition on employment discrimination on the basis of religion, set forth in section 702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–1 ), is not forfeited when the
organization participates in a HUD program. Some HUD programs, however, contain independent statutory provisions that impose certain nondiscrimination requirements on all grantees. Accordingly, grantees should consult with the appropriate HUD program office to determine the scope of applicable requirements.
(j) Acquisition, construction, and rehabilitation of structures.
Direct Federal financial assistance may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under a HUD program or activity.
Where a structure is used for both eligible and explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), direct Federal financial assistance may not exceed the cost of the share of acq uisition, construction, or rehabilitation attributable to eligible activities in accordance with the cost accounting requirements applicable to the HUD program or activity. However,
acquisition, construction, or rehabilitation of sanctuaries, chapels, or other rooms that a HUD–funded faith-based organization uses as its principal place of worship, may not be paid with direct Federal financial assistance.
Disposition of real property by a faith-based organization after its use for an authorized purpose, or any change in use of the property from an authorized purpose, is subject to Government-wide regulations governing real property disposition (2 CFR part 200, subpart D) and the HUD program regulations, as directed by HUD.
(k) Commingling of Federal and State, tribal, and local funds.
If a State, tribal, or local government voluntarily contributes its own funds to supplement direct Federal financial assistance for an activity, the State, tribal or local government has the option to segregate those funds or commingle them with the direct Federal financial assistance. However, if the funds are commingled, the requirements of this section apply to all of the commingled funds. Further, if a State, tribal, or local government is required to contribute matching funds to supplement direct Feder al financial assistance for an activity, the matching funds are considered commingled with the direct Federal financial assistance and, therefore, subject to the requirements of this section. Some HUD programs’ requirements govern any activity assisted under those programs. Accordingly, recipients should consult with the appropriate HUD program office to determine the scope of applicable requirements.
(l) Tax exempt organizations.
In general, HUD
does not require that a recipient, including a faith- based organization, obtain tax-exempt status under section 501(c)(3) of the Internal Revenue Code to be eligible for funding under HUD programs. Many grant programs, however, do require an organization to be a nonprofit organization in order to be eligible for funding.
Notices of funding availability that require organizations to have nonprofit status will specifically so indicate in the eligibility section of the notice of funding availability. In addition, if any notice of funding availability requires an organization to maintain tax- exempt status, it will expressly state the statutory authority for requiring such
status. Applicants should consult with the appropriate HUD program office to determine the scope of any applicable requirements. In HUD programs in which an applicant must show that it is a nonprofit organization but this is not statutorily defined, the applicant may do so by any of the following means:
(1) Proof that the Internal Revenue Service currently recognizes the applicant as an organization to which contributions are tax deductible under section 501(c)(3) of the Internal Revenue Code; (2) A statement from a State or other governmental taxing body or the State secretary of State certifying that - (i) The organization is a nonprofit organization operating within the State; and (ii) No part of its net earnings may benefit any private shareholder or individual;
(3) A certified copy of the applicant's certificate of incorporation or similar document that clearly establishes the nonprofit status of the applicant;
(4) Any item described in paragraphs (l)(1) through (3) of this section, if that item applies to a State of national parents organization, together with a statement by the State of parent organization that the applicant is a local nonprofit affiliate; or
(5) For an entity that holds a sincerely held religious belief that it cannot apply for a determination as an entity that is tax-exempt under section 501(c)(3) of the Internal Revenue Code, evidence sufficient to establish that the entity would otherwise qualify as a nonprofit organization under paragraphs (l)(1) through (4) of this section.
(m) Rule of construction.
Neither HUD nor any recipient or other intermediary receiving funds under any HUD program or activity shall
construe these provisions in such a way as to advantage or disadvantage faith-based organizations affiliated with historic or well-established religions or sects in comparison with other religions or sects.
Credits
[69 FR 41717, July 9, 2004; 80 FR 75934, Dec. 7, 2015; 81 FR 19416, April 4, 2016; 85 FR 82315, Dec 17, 2020]
SOURCE: 61 FR 5202, Feb. 9, 1996; 61 FR 9041, March 6, 1996; 61 FR 9537, March 8, 1996; 61 FR 11113 ,
March 18, 1996; 61 FR 13616, March 27, 1996; 61 FR 54498, Oct. 18, 1996; 70 FR 77743, Dec. 30, 2005; 73 FR 72340, Nov. 28, 2008; 75 FR 66258, Oct. 27, 2010; 77 FR 5674, Feb. 3, 2012; 80 FR 42352, July 16, 2015; 81 FR 19416, April 4, 2016; 81 FR 80798, Nov. 16, 2016; 81 FR 90657, Dec. 14, 2016, unless otherwise noted.
AUTHORITY: 12 U.S.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d); Sec. 327, Pub.L. 109–
115, 119 Stat. 2936 ; Sec. 607, Pub.L. 109–162, 119 Stat. 3051 (42 U.S.C. 14043e et seq. ); E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 258; and E.O. 13559, 75 FR 71319, 3 CFR, 2010 Comp., p. 273.; 29 U.S.C. 794, 42 U.S.C. 1437a , 1437c, 1437c–1(d), 1437d, 1437f, 1437n, 3535(d), and Sec. 327, Pub.L. 109–115, 119 Stat. 2936; 42 U.S.C. 3600–3620; 42 U.S.C. 5304(b); 42 U.S.C. 12101 et seq.; 42 U.S.C. 12704–12708; E.O. 11063, 27 FR 11527, 3 CFR, 1958–1963 Comp., p. 652; E.O. 12892, 59 FR 2939, 3 CFR, 1994 Comp., p. 849.
EXHIBIT “S”
Economic Opportunities for Low- and Very Low-Income Persons
CONTRACT REQUIREMENTS
24 CFR Part 75
RIVERSIDE COUNTY
Section 75.1 Purpose
This part establishes the requirements to be followed to ensure the objectives of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) are met. The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance sh all be directed to low - and very low -income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent.
Section 75.3 Applicability
(a) General applicability. Section 3 applies to public housing financial assistance and Section 3 projects, as follows:
(1) Public housing financial assistance. Public housing financial assistance means:
(i) Development assistance provided pursuant to section 5 of the United States Housing Act of 1937 (the 1937 Act);
(ii) Operations and management assistance provided pursuant to section 9(e) of the 1937 Act;
(iii) Development, modernization, and management assistance provided pursuant to section 9(d) of the 1937 Act; and
(iv) The entirety of a mixed- finance development project as described in 24 CFR 905.604, regardless of whether the project is fully or partially assisted with public housing financial assistance as defined in paragraphs (a)(1)(i) through (iii) of this section.
(2) Section 3 projects. (i) Section 3 projects means housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z-1 or 1701z-2), the Lead-Based Paint Poisoning Prevention Act (42 U.S.C 4801 et seq.); and the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.). The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.
(ii) The Secretary must update the thresholds provided in paragraph (a)(2)(i) of this section not less than once every 5 years based on a national construction cost inflation factor through Federal Register notice not subject to public comment. When the Secretary finds it is warranted to ensure compliance with Section 3, the Secretary may adjust, regardless of the national construction cost factor, such thresholds through Federal Register notice, subject to public comment.
(iii) The requirements in this part apply to an entire Section 3 project, regardless of whether the project is fully or partially assisted under HUD programs that provide housing and community development financial assistance.
(b) Contracts for materials. Section 3 requirements do not apply to material supply contracts.
(c) Indian and Tribal preferences. Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American Housing Assistance and Self -Determination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of this part.
(d) Other HUD assistance and other Federal assistance. Recipients that are not subject to Section 3 are encouraged to consider ways to support the purpose of Section 3.
Section 75. 5 Definitions.
The terms HUD, Public housing, and Public Housing Agency (PHA) are defined in 24 CFR part
5. The following definitions also apply to this part:
1937 Act means the United States Housing Act of 1937, 42 U.S.C. 1437 et seq.
Contractor means any entity entering into a contract with:
(1) A recipient to perform work in connection with the expenditure of public housing financial assistance or for work in connection with a Section 3 project; or
(2) A subrecipient for work in connection with a Section 3 project.
Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed with funds that include public housing financial assistance.
Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act.
Material supply contracts means contracts for the purchase of products and materials, including, but not limited to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies.
Professional services means non- construction services that require an advanced degree or professional licensing, including, but not limited to, contracts for legal services, financial
consulting, accounting services, environmental assessment, architectural services, and civil engineering services.
Public housing financial assistance means assistance as defined in §75.3(a)(1).
Public housing project is defined in 24 CFR 905.108.
Recipient means any entity that receives directly from HUD public housing financial assistance or housing and community development assistance that funds Section 3 projects, including, but not limited to, any State, local government, instrumentality, PHA, or other public agency, public or private nonprofit organization.
Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u).
Section 3 business concern means:
(1) A business concern meeting at least one of the following criteria, documented within the last six-month period:
(i) It is at least 51 percent owned and controlled by low- or very low-income persons;
(ii) Over 75 percent of the labor hours performed for the business over the prior three - month period are performed by Section 3 workers; or
(iii) It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.
(2) The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees.
(3) Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract.
Section 3 project means a project defined in §75.3(a)(2).
Section 3 worker means:
(1) Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented:
(i) The worker's income for the previous or annualized calendar year is below the income limit established by HUD.
(ii) The worker is employed by a Section 3 business concern.
(iii) The worker is a YouthBuild participant.
(2) The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction.
(3) Nothing in this part shall be construed to require the employment of someone who meets this definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled.
Section 8-assisted housing refers to housing receiving project-based rental assistance or tenant- based assistance under Section 8 of the 1937 Act.
Service area or the neighborhood of the project means an area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.
Small PHA means a public housing authority that manages or operates fewer than 250 public housing units.
Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor's obligation to perform work in connection with the expenditure of public housing financial assistance or for a Section 3 project.
Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93.
Targeted Section 3 worker has the meanings provided in §§75.11, 75.21, or 75.29, and does not exclude an individual that has a prior arrest or conviction.
Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 Act.
YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3226).
Subpart C—Additional Provisions for Housing and Community Development Financial Assistance
§75.19 Requirements.
(a) Employment and training. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure that employment and training opportunities arising in connection with Section 3 projects are provided to Section 3 workers within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section should be given to:
(i) Section 3 workers residing within the service area or the neighborhood of the project, and (ii) Participants in YouthBuild programs.
(b) Contracting. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section should be given to:
(i) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and (ii) YouthBuild programs.
§75.21 Targeted Section 3 worker for housing and community development financial assistance. (a) Targeted Section 3 worker. A Targeted Section 3 worker for housing and community development financial assistance means a Section 3 worker who is:
(1) A worker employed by a Section 3 business concern; or (2) A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project, as defined in §75.5; or (ii) A YouthBuild participant.
(b) [Reserved]
§75.23 Section 3 safe harbor.
(a) General. Recipients will be considered to have complied with requirements in this part, in the absence of evidence to the contrary if they:
(1) Certify that they have followed the prioritization of effort in §75.19; and (2) Meet or exceed the applicable Section 3 benchmark as described in paragraph (b) of this section.
(b) Establishing benchmarks. (1) HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or both through a document published in the FEDERAL REGISTER. HUD may establish a single nationwide benchmark for Section 3 workers and a single nationwide
benchmark for Targeted Section 3 workers, or may establish multiple benchmarks based on geography, the nature of the Section 3 project, or other variables. HUD will update the benchmarks through a document published in the FEDERAL REGISTER, subject to public comment, not less frequently than once every 3 years. Such notice shall include aggregate data on labor hours and the proportion of recipients meeting benchmarks, as well as other metrics reported pursuant to §75.25 as deemed appropriate by HUD, for the 3 most recent reporting years. (2) In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours worked by specific categories of workers or in different localities or regions; averages for labor hours worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks, HUD will exclude professional services from the total number of labor hours as such hours are excluded from the total number of labor hours to be reported per §75.25(a)(4). (3) Section 3 benchmarks will consist of the following two ratios:
(i) The number of labor hours worked by Section 3 workers divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year. (ii) The number of labor hours worked by Targeted Section 3 workers as defined in §75.21(a), divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year.
§75.25 Reporting.
(a) Reporting of labor hours. (1) For Section 3 projects, recipients must report in a manner prescribed by HUD:
(i) The total number of labor hours worked;
(ii) The total number of labor hours worked by Section 3 workers; and (iii) The total number of labor hours worked by Targeted Section 3 workers. (2) Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §75.31.
(3) The labor hours reported under paragraph (a)(1) of this section must include the total number of labor hours worked on a Section 3 project, including labor hours worked by any subrecipients, contractors and subcontractors that the recipient is required, or elects pursuant to paragraph (a)(4) of this section, to report.
(4) Recipients reporting under this section, as well as subrecipients, contractors and subcontractors who report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this section, from professional services without including labor hours from professional services in the
total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers both professional services and other work and the recipient or contractor or subcontractor chooses not to report labor hours from professional services, the labor hours under the contract that are not from professional services must still be reported.
(5) Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor based on the employer's good faith assessment of the labor hours of a full-time or part- time employee informed by the employer's existing salary or time and attendance based payroll systems, unless the project or activity is otherwise subject to requirements specifying time and attendance reporting.
(b) Additional reporting if Section 3 benchmarks are not met. If the recipient's reporting under paragraph (a) of this section indicates that the recipient has not met the Section 3 benchmarks described in §75.23, the recipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not limited to the following:
(1) Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. (2) Provided training or apprenticeship opportunities.
(3) Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
(4) Provided or connected Section 3 workers with assistance in seeking employment including:
drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
(5) Held one or more job fairs.
(6) Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). (7) Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training.
(8) Assisted Section 3 workers to obtain financial literacy training and/or coaching. (9) Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. (10) Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
(11) Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns. (12) Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
(13) Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
(14) Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. (c) Reporting frequency. Unless otherwise provided, recipients must report annually to HUD under paragraph (a) of this section, and, where required, under paragraph (b) of this section, on all projects completed within the reporting year in a manner consistent with reporting requirements for the applicable HUD program.
§75.27 Contract provisions.
(a) Recipients must include language applying Section 3 requirements in any subrecipient agreement or contract for a Section 3 project.
(b) Recipients of Section 3 funding must require subrecipients, contractors, and subcontractors to meet the requirements of §75.19, regardless of whether Section 3 language is included in recipient or subrecipient agreements, program regulatory agreements, or contracts.
Subpart D—Provisions for Multiple Funding Sources, Recordkeeping, and Compliance
§75.29 Multiple funding sources.
(a) If a housing rehabilitation, housing construction or other public construction project is subject to Section 3 pursuant to §75.3(a)(1) and (2), the recipient must follow subpart B of this part for the public housing financial assistance and may follow either subpart B or C of this part for the housing and community development financial assistance. For such a project, the following applies:
(1) For housing and community development financial assistance, a Targeted Section 3 worker is any worker who meets the definition of a Targeted Section 3 worker in either subpart B or C of this part; and
(2) The recipients of both sources of funding shall report on the housing rehabilitation, housing construction, or other public construction project as a whole and shall identify the multiple associated recipients. PHAs and other recipients must report the following information:
(i) The total number of labor hours worked on the project; (ii) The total number of labor hours worked by Section 3 workers on the project; and (iii) The total number of labor hours worked by Targeted Section 3 workers on the project. (b) If a housing rehabilitation, housing construction, or other public construction project is subject to Section 3 because the project is assisted with funding from multiple sources of housing and community development assistance that exceed the thresholds in §75.3(a)(2), the recipient or recipients
must follow subpart C of this part, and must report to the applicable HUD program office, as prescribed by HUD.
§75.31 Recordkeeping.
(a) HUD shall have access to all records, reports, and other documents or items of the recipient that are maintained to demonstrate compliance with the requirements of this part, or that are maintained in accordance with the regulations governing the specific HUD program by which the Section 3 project is governed, or the public housing financial assistance is provided or otherwise made available to the recipient, subrecipient, contractor, or subcontractor. (b) Recipients must maintain documentation, or ensure that a subrecipient, contractor, or subcontractor that employs the worker maintains documentation, to ensure that workers meet the definition of a Section 3 worker or Targeted Section 3 worker, at the time of hire or the first reporting period, as follows:
(1) For a worker to qualify as a Section 3 worker, one of the following must be maintained:
(i) A worker's self-certification that their income is below the income limit from the prior calendar year;
(ii) A worker's self-certification of participation in a means-tested program such as public housing or Section 8-assisted housing;
(iii) Certification from a PHA, or the owner or property manager of project-based Section 8- assisted housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs;
(iv) An employer's certification that the worker's income from that employer is below the income limit when based on an employer's calculation of what the worker's wage rate would translate to if annualized on a full-time basis; or
(v) An employer's certification that the worker is employed by a Section 3 business concern. (2) For a worker to qualify as a Targeted Section 3 worker, one of the following must be maintained:
(i) For a worker to qualify as a Targeted Section 3 worker under subpart B of this part:
(A) A worker's self-certification of participation in public housing or Section 8-assisted housing programs;
(B) Certification from a PHA, or the owner or property manager of project-based Section 8- assisted housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs;
(C) An employer's certification that the worker is employed by a Section 3 business concern; or
(D) A worker's certification that the worker is a YouthBuild participant. (ii) For a worker to qualify as a Targeted Section 3 worker under subpart C of this part:
(A) An employer's confirmation that a worker's residence is within one mile of the work site or, if fewer than 5,000 people live within one mile of a work site, within a circle centered on the work site that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census; (B) An employer's certification that the worker is employed by a Section 3 business concern; or (C) A worker's self-certification that the worker is a YouthBuild participant. (c) The documentation described in paragraph (b) of this section must be maintained for the time period required for record retentions in accordance with applicable program regulations or, in the absence of applicable program regulations, in accordance with 2 CFR part 200. (d) A PHA or recipient may report on Section 3 workers and Targeted Section 3 workers for five years from when their certification as a Section 3 worker or Targeted Section 3 worker is established. §75.33 Compliance.
(a) Records of compliance. Each recipient shall maintain adequate records demonstrating compliance with this part, consistent with other recordkeeping requirements in 2 CFR part 200. (b) Complaints. Complaints alleging failure of compliance with this part may be reported to the HUD program office responsible for the public housing financial assistance or the Section 3 project, or to the local HUD field office.
(c) Monitoring. HUD will monitor compliance with the requirements of this part. The applicable HUD program office will determine appropriate methods by which to oversee Section 3 compliance. HUD may impose appropriate remedies and sanctions in accordance with the laws and regulations for the program under which the violation was found
11)
Request by Property Owner That City Quitclaim Any Interest in Real Property Within Previous Alignment of Highway 74
Authorize the City Manager to execute Quitclaim Deeds concerning the Subject Properties in favor of the Property Owner and take such other actions necessary to effectuate the dismissal of the City from the quiet title action concerning the Subject Properties, including executing a settlement agreement, in such forms as approved by the City Attorney.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Barbara Leibold, City Attorney
Date:November 12, 2024
Subject:Request by Property Owner That City Quitclaim Any Interest in Real Property Within Previous Alignment of Highway 74
Recommendation
Authorize the City Manager to execute Quitclaim Deeds concerning the Subject Properties in favor of the Property Owner and take such other actions necessary to effectuate the dismissal of the City from the quiet title action concerning the Subject Properties, including executing a settlement agreement, in such forms as approved by the City Attorney.
Background
On February 27, 2024, Ronald Burek and Louisa Heather Burek, as the Trustors and Trustees of the Ron and Heather Burek Living Trust (“Property Owner”) filed an action to quiet title on two parcels of land lying adjacent to the old State Route 74 alignment. (Riverside Superior Court Case No. CVRI 2401006.)
A depiction of the parcels comprising the Subject Properties and their location are attached.
In addition to naming the City as a defendant with a potential interest in the Subject Properties, CalTrans, the County of Riverside, and a host of other parties (many of which are no longer in business) were named as defendants.
Discussion
Upon receiving the complaint, the City Attorney’s Office conferred with the City Engineer and determined that: (1) the Subject Properties are not located within the City’s boundaries, (2) the City has no interest in the Subject Properties, and (3) the Subject Properties are not identified as being within the existing or any future proposed right of way.
Quitclaim Deeds
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Upon contacting the Property owner’s attorney, it was determined that the most efficient method for the City to extract itself from the litigation was to grant quitclaim deeds to the Property Owner.
A quitclaim deed is a legal instrument that makes no warranty that the grantor (in this case, the City) has title to property but, nonetheless, grants any rights that might be held by the City to the grantee (in this case, the property owner). This has the effect of quieting title between the City and the Property Owner as to the Subject Properties.
In addition to requesting authorization for the City Manager to execute the attached Quitclaim Deeds, additional documentation will be prepared evidencing the obligation of the Property Owner to dismiss the City from the pending litigation following the recordation of the Quitclaim Deeds.
Fiscal Impact
None.
Attachments
Attachment 1- Property Depiction/Location
Attachment 2 - Quitclaim Deeds
City Attorney
RONALD BUREK and LOUISA HEATHER BUREK
DOC #2023-0040801 Page 2 of 4
EXHIBIT A
Order No.: 112208644
For APN/Parcel ID 377-372-008
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL A: APN: 377-372-008
ALL THAT PORTION OF LOT(S) 3, BLOCK 24 OF NORTH ELSINORE TRACT, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN BY MAP ON FILE IN BOOK 5 PAGE(S) 105, OF
MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 3;
THENCE NORTH 43°11 '00" EAST, A DISTANCE OF 13.77 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3;
THENCE NORTH 27°29'00" EAST, A DISTANCE OF 720.48 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3 TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 69"15'35" WEST, A DISTANCE OF 85.91 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, THE RADIUS OF 150.00 FEET;
THENCE WESTERLY, 117.81 FEET, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°00'00";
THENCE TANGENT TO SAID CURVE SOUTH 65°44'25" WEST, A DISTANCE OF 135.00 FEET; THENCE NORTH 07°59'58" WEST, A DISTANCE OF 50 FEET;
THENCE NORTH 03°59'20" EAST, A DISTANCE OF 284.96 FEET TO THE NORTHERLY LINE OF SAID LOT 3;
THENCE SOUTH 88°47'20" EAST, A DISTANCE OF 458.92 FEET ALONG SAID NORTHERLY LINE OF LOT 3;
THENCE SOUTH 27°29'00" WEST, A DISTANCE OF 332.68 FEET, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3 TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM A RIGHT($) OF WAY FOR HIGHWAY PURPOSES LYING 30.00 FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT WHICH LIES SOUTH 43°11 '00" WEST, A DISTANCE OF 57.85 FEET AND SOUTH 46°49'00" EAST, A DISTANCE OF 40.00 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT 3, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY, THE RADIUS BEING 955.37 FEET;
THENCE NORTHEASTERLY 396.94 FEET ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23°49'00";
THENCE TANGENT TO SAID CURVE NORTH 19°22'00" EAST, A DISTANCE OF 372.52 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, THE RADIUS BEING 319.62 FEET; THENCE NORTHEASTERLY 253.01 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°32'30".
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE LINES OF PARCEL "C" HEREINAFTER DESCRIBED.
RONALD BUREK and LOUISA HEATHER BUREK
LOUISA HEATHER BUREK, TRUSTEE
12)
Authorization to Apply for Additional Unclaimed Funds Under the Community Development Block Grant (CDBG) Set Aside Funds for Project Homekey Projects Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING AN AMENDMENT TO THE STANDARD AGREEMENT ISSUED UNDER THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CORONAVIRUS RESPONSE (CDBG-CV).
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Adam Gufarotti, Community Support Manager
Date:November 12, 2024
Subject:Authorization to Apply for Additional Unclaimed Funds Under the Community Development Block Grant (CDBG) Set Aside Funds for Project Homekey Projects
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING AN AMENDMENT TO THE STANDARD AGREEMENT ISSUED UNDER THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CORONAVIRUS RESPONSE (CDBG-CV).
Background
Addressing one of California's most urgent and substantial challenges, the City of Lake Elsinore has actively tackled homelessness through a proactive strategy. The establishment of the City's Homeless Task Force in 2017 marked the initiation of efforts to house our most vulnerable residents and explore practical approaches to reduce the homeless population, with the ultimate goal of achieving functional zero for chronic homelessness.
In 2017, the City of Lake Elsinore partnered with Social Work Action Group (SWAG) for street outreach, housing, and case management services.
In June 2020, the City Council voted to purchase the property at 215 W. Graham Ave. for $2,250,000 for Crisis Stabilization Housing to continue our proactive approach. The property, now known as The Anchor, was purchased and renovated using a $3.1 million Project Homekey grant awarded from the State of California in September 2020. The facility officially opened on December 30, 2020. Today, the City and SWAG can house up to 20 homeless individuals at any given time for up to 90 days.
CDBG Unclaimed Funds
On December 2, 2020, the City of Lake Elsinore was awarded $256,680 from the Homeless Housing Assistance and Prevention Program (HHAP) by the County of Riverside Continuum of Care for operating subsidy funding from July 1, 2022, through December 31, 2024.
Most recently, on October 28, 2021, the City of Lake Elsinore was awarded $700,000 from the California Department of Housing and Community Development under the Community Development Block Grant – Coronavirus Response. Using these grant funds, the City of Lake Elsinore started rehabilitating the Anchor, the City's homeless Crisis Stabilization Center. Repairs included improvements to the units' kitchens, bathrooms, electrical, facility laundry rooms, flooring, and air conditioning to ensure proper maintenance is done to the building for long-term sustainability.
Discussion
On November 15, 2023, the California Department of Housing and Community Development announced the availability of additional Community Development Block Grant – Coronavirus Response funding (CDBG-CV). This funding has been made available to previous CDBG-CV grantees who have existing construction projects that have experienced unanticipated cost increases. Grantees with qualifying CDBG-CV construction projects may request an additional 25 percent of their original application. As a previous applicant and awardee of CDBG-CV, the City is eligible to apply for up to $175,000.
While the City has completed significant infrastructure, interior, and exterior improvements to the Anchor as part of the previous CDBG-CV funding, replacing the sewer system is needed to ensure long-term sustainability and maintenance.
City staff recommends the adoption of the proposed resolution, approving staff to proceed with an application for $175,000. If awarded, funds will be allocated in 2024, and staff will begin to complete the proposed improvements immediately.
Fiscal Impact
There is no fiscal impact on the 2024-2025 General Fund. Projects are paid through the State Home Key Grant Funding reimbursement process.
Attachments
Attachment 1 - Resolution
City Manager's Office
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8 RESOLUTION NO. 2024-
A RESOLUTION APPROVING AN AMENDMENT TO THE STANDARD
AGREEMENT ISSUED UNDER THE 2020 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM CORONAVIRUS
RESPONSE (CDBG-CV)
BE IT RESOLVED by the City Council of the City of Lake Elsinore as follows:
SECTION 1:
The City Council has reviewed and hereby approves the submission to the State of California (“State”) of a Request for Additional Funds to fill gaps created by documented unanticipated cost increases. The funds would be added to its existing CDBG-CV Standard Agreement(s) with the State numbered 21-CDBG-HK-00018 (the “Standard Agreement(s)”) pursuant to the State’s June 2020 CDBG-CV1 Notice of Funding Availability; December 2020 CDBG-CV2 and CV3 Notice of Funding Availability (NOFA); and/or the CDBG Method of Distribution as described in the State of California 2019-2020 Annual Action Plan August 2020 Second Substantial Amendment and the CDBG-CV Method of Distribution as described in the State of California 2019-2020 Annual Action Plan August 2020 Fifth Substantial Amendment.
City previously approved the use of $700,000 of Program Income for this CDBG-CV activity which was included in the 21-CDBG-HK-00018 and by this resolution will use an additional amount not-to-exceed $175,000 for a total commitment of $875,000 of Program Income.
List of Activity Funding:
Current Authorized amount(s) under Standard Agreement #21-CDBG-HK-00018 CDBG-CV: $700,000
Program Income: $0
Total: $700,000
Amount of new CDBG-CV funds to be added to Standard Agreement #21-CDBG-HK- 00018
CDBG Not to exceed $175,000
Program Income: $0
Total: $175,000
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8 Total amount of amended Standard Agreement #21-CDBG-HK-00018 CDBG Grant Not to exceed $875,000
Program Income: $0
Total: $875,000
SECTION 2:
The City acknowledges compliance with all state and federal public participation requirements with respect to the proposed amendments to the Standard Agreement described in Sections 1 above.
SECTION 3:
The City hereby authorizes and directs the City Manager, or in his absence the Assistant City Manager, to execute and deliver all application(s), “Request(s) for Additional Funds,” and/or amendments to the Standard Agreement and act on the City’s behalf in all matters pertaining to all such application(s), “Request(s) for Additional Funds,” and/or amendments.
SECTION 4:
If an amendment to the Standard Agreement is approved as contemplated above, the City Manager, or in his absence the Assistant City Manager, is authorized to enter into, execute, and deliver an amendment to the Standard Agreement and any and all other documentation which may be required by the State from time to time for the purposes of this grant.
SECTION 5:
If an amendment to the Standard Agreement is approved, the City Manager, or in his absence the Assistant City Manager, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with this grant. 3 8
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8 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore held on November 12, 2024, by the following vote:
AYES: _______ NOES: _______
ABSENT: _______ ABSTAIN: _______
____________________________________
Name and Title
Steve Manos, Mayor
STATE OF CALIFORNIA
City of Lake Elsinore
“I, ___________, City Clerk of the City of Lake Elsinore, State of California, hereby certify that (i) the above and foregoing is a full, true, and correct copy of a resolution duly adopted by said City Council on this 12th day of November, 2024; (ii) such resolution has not been amended, modified, repealed or rescinded since the date of its adoption; and (iii) such resolution remains in full force and effect.” ___________________________________________
Candice Alverez, City Clerk of the City of
Lake Elsinore, State of California
By: _____________________________
Name and Title
13)
Update to Winterfest Road Closures for the 2024 Event
Approve amended temporary road closures for the Winterfest Parade and Event in Historic Downtown and neighboring roads for the December 7, 2024 event, as identified in the attached traffic plans, and allow for changes as necessary and approved by the City Engineer.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Johnathan Oliver Skinner, Director of Community Services Date:November 12, 2024
Subject:Update to Winterfest Road Closures for the 2024 Event Recommendation
Approve amended temporary road closures for the Winterfest Parade and Event in Historic Downtown and neighboring roads for the December 7, 2024 event, as identified in the attached traffic plans, and allow for changes as necessary and approved by the City Engineer.
Background
In August 2024, staff presented four event closure maps for the upcoming fall events in Downtown Lake Elsinore, including the 2024 Winterfest Parade and Event. Since the City Council’s initial approval, the Special Events team, in coordination with partner departments, identified adjustments to enhance event logistics, traffic management, and safety for all involved.
The specific changes include:
•Expanding the event closure area to encompass Graham Ave., from Spring St. to Main St.
•Extending the closure footprint to include Main St., from Sulphur St. to Graham Ave. •Highlighting all streets that will serve as detour routes, aiding city navigation during event closures.
These updates are designed to improve traffic flow and safety for both event attendees and city residents.
Discussion
To ensure public safety, road closures for the Winterfest Event are being submitted for City Council approval, with specific maps and details provided in the supporting attachments. 2024 Winterfest Road Closures Update
The Riverside County Sheriff's Department—Lake Elsinore Station, in collaboration with the Public Works Department, the Engineering Department, and the Community Services Department, will coordinate resources to execute the event in alignment with the attached road closure plan. For the highest level of safety, staff recommends enforcing the street closures identified in Exhibit A, supported by City staff and law enforcement.
Recognizing the need for flexibility in adapting to unforeseen circumstances, the road closure plan may be amended with approval from the City Engineer.
Fiscal Impact
Costs for staffing the road closures are budgeted in FY 2024/2025.
Attachments
Attachment 1 - Winterfest Event and Parade Closures Maps Community Services
Winterfest EVENT & POST
Parade Closure Map
December 7, 2024
1:00 PM-11:00 PM
Color Key
Open Road
Barrier to closed road
Event area/ Closed
Road
The special event road closure map may be altered or amended to accommodate special event needs as approved by the City Engineer.
Winterfest Parade Closure
Map
December 7, 2024
1:00 PM-9:00 PM
Color Key
Open Road
Barrier to closed road
Parade Staging Area
Parade Route
Parade De-Staging
Area
Soft closure for USPS
Closed Area
Event Space
Parade Start
Parade End
The special event road closure map may be altered or amended to accommodate special event needs as approved by the City Engineer.
14)
Professional Services Agreement with SMAX Entertainment LLC Approve and authorize the City Manager to execute an agreement with SMAX Entertainment LLC in an amount not to exceed (1) $16,000 for entertainment consulting services and (2) $66,000 for artist fees and related booking fees, in such final form as approved by the City Attorney, and further authorize the City Manager to execute change orders not exceeding $6,600 for uncertainties and adjustments.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Johnathan Oliver Skinner, Director of Community Services Date:November 12, 2024
Subject:Professional Services Agreement with SMAX Entertainment LLC Recommendation
Approve and authorize the City Manager to execute an agreement with SMAX Entertainment LLC in an amount not to exceed (1) $16,000 for entertainment consulting services and (2) $66,000 for artist fees and related booking fees, in such final form as approved by the City Attorney, and further authorize the City Manager to execute change orders not exceeding $6,600 for uncertainties and adjustments.
Background
The City of Lake Elsinore has recently expanded its lineup of live performances, ranging from local events and community concerts to large-scale regional gatherings that attract thousands of visitors. In order to further elevate the City’s and Launch Pointe’s reputation for hosting live performances, the City seeks the expertise of SMAX Entertainment. With deep industry expertise, SMAX Entertainment LLC will ensure high-quality events and performances, filling key gaps to deliver exceptional concert experiences.
Discussion
As the City and Launch Pointe expand their lineup of local and regional events for the community’s enjoyment, concert production, attendee experience, and talent quality must reflect the high standards and exceptional facilities that Launch Pointe provides.
With extensive experience in producing concerts for communities and venues of all sizes—from intimate local shows to large-scale events at casinos and premier venues—SMAX Entertainment LLC is well-equipped to elevate Launch Pointe’s event offerings. SMAX Entertainment LLC offers a full range of entertainment services customized to meet the City’s specific needs in enhancing events and securing and managing talent. SMAX will assist the City in assessing, producing, and booking exclusive, intimate, ticketed events.
SMAX Entertainment Agreement
The agreement covers several key aspects of producing high-quality concert events. First, a general monthly retainer of $2,000 (active through June 20, 2025) will be paid to SMAX for consulting on industry best practices in areas such as site planning, concert production, marketing strategy, ticket pricing, talent acquisition, and retainer management.
Secondly, SMAX will handle payments and contract processing for secured talent. Once a performer is selected and terms are agreed upon, SMAX will manage both the initial deposit and the final payment to the artist. SMAX will receive a 10% booking fee.
Performer fees and related booking fees are estimated at $66,000. It is anticipated that the cost of these live performances will be offset by concert revenues generated by ticket sales, food and beverage sales, parking, and other revenue-generating opportunities, as summarized below.
Fiscal Impact
Funding for live performance entertainment services is available in the Launch Pointe FY 2024/2025 budget. The concert series is designed with two main objectives: first, to position the resort and City as a premier entertainment destination, and second, to generate revenue and profits that will support future concerts, entertainment offerings, and Launch Pointe operations and promotions. Below is a model inspired by other successful local concert experiences:
Launch Pointe Concert Proposal
Estimated Expenditures
Category Cost Items Total
SMAX Consultant $ 16,000.00 1 $ 16,000.00
Artist $ 60,000.00 1 $ 60,000.00
SMAX Booking fee $ 6,000.00 1 $ 6,000.00
Sound/ Light Production $ 12,000.00 1 $ 12,000.00 Seats $ 2.00 1500 $ 3,000.00
Fence 0 1000’ $ -
Stage 0 1 $ -
Security 2500 1 $ 2,500.00
Subtotal $ 99,500.00
Estimated Revenues
Category Price
Total
Aval. Revenue
Meet and Greet $ 200.00 50 $ 10,000.00
VIP Package $ 100.00 200 $ 20,000.00
Premium $ 60.00 250 $ 15,000.00
Preferred $ 40.00 350 $ 14,000.00
SMAX Entertainment Agreement
Reserved $ 30.00 400 $ 12,000.00
GENERAL (STANDING) $ 20.00 250 $ 5,000.00 RV Site Weekend Premium $ 20.00 240 $ 4,800.00 Parking $ 20.00 500 $ 10,000.00
Sponsors $ 5,000.00 1 $ 5,000.00
F&B (food & beverage) $ 34.00 1500 $ 51,000.00 Subtotal $ 146,800.00
Net Estimated Concert Value
Revenues $ 146,800.00
Expenditures $ 99,500.00
Total $ 47,300.00
Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
Community Services
AGREEMENT FOR PROFESSIONAL SERVICES
SMAX Entertainment
Entertainment Services
This Agreement for Professional Services (the “Agreement”) is made and entered into as of November 12, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and SMAX Entertainment LLC, a limited liability corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Services for producting concerts for Launch Pointe including but not limited to: consulting at least monthly on entertainment schedules, securing and paying contracted entertainment, surveying property, assist with addressing brand marketing, vendors, seating, ticketing, production, and other revenue making entertainment related services.
B. Consultant has submitted to City a proposal, dated October 14, 2024, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.
D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.
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9 c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed eighty two thousand dollars ($82,000.00) without additional written authorization from the City.
Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.
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9 7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
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9 b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant 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 as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered
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9 by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.
15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
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9 law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
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9 iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
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9 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: SMAX Entertainment LLC
Attn: Christian Simmons
46 Vicolo Della Luna
Henderson, NV 89011
18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
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9 21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to
3 8
1 3
9 make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page]
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1 3
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
SMAX Entertainment, a Limited Liability
Corporation
By: Christian Simmons
Its: Owner/ Operator
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
Proposal for Entertainment Consulting Services
Presented by SMAX Entertainment
Contact: Christian Simmons
Date: October 14, 2024
Presented to: The City of Lake Elsinore, CA
Beau Davis, Assistant Community Services Director
Executive Summary
SMAX Entertainment is excited to propose a comprehensive partnership with the City of Lake Elsinore, bringing our entertainment production expertise to support the City’s vision for outstanding community events. Our experienced team will guide each element of event production, from concert scheduling and brand marketing to on-the-ground event execution, to create memorable experiences for the residents and visitors of Lake Elsinore.
Goals & Objectives
Through this partnership, SMAX Entertainment aims to:
- Curate top-quality entertainment options tailored to the Lake Elsinore community. - Provide end-to-end support for live events, including scheduling, production, marketing, and logistics.
- Offer revenue-building strategies and brand marketing solutions to maximize the impact of each event.
Scope of Services
1. Entertainment Production & Consultation
SMAX will lead the planning and production of concerts, including but not limited to:
- Crafting entertainment schedules that appeal to diverse audiences. - Surveying event spaces to ensure optimal concert layouts for seating and staging. - Assisting with brand strategy and vendor selection to elevate event experiences. - Overseeing seating, ticketing, and other operational details.
2. Celebrity and Talent Booking
SMAX brings a network of celebrity and general talent, facilitating bookings that align with Lake Elsinore's goals. For any confirmed contracts resulting in performances, SMAX will receive a 10% commission on the contract amount.
3. Sponsorship and Brand Partnerships
For sponsorships, product placements, and celebrity endorsements, SMAX will provide recommendations and opportunities on a case-by-case basis, creating custom proposals for each unique event.
4. Marketing & Promotions
SMAX will consult on marketing and promotional strategies to amplify the reach of each event.
Services will be rendered upon request and with client approval.
Investment
Monthly Fee
For SMAX's monthly consulting and production services, the City of Lake Elsinore agrees to a monthly fee of $2,000.
Additional Compensation
- Talent Booking: Based on perform, dates of performance, and number of tickets sold. SMAX to receive, 10% commission for each contract arranged by SMAX. SMAX to process all insurance and payments to talent.
- Sponsorships & Marketing: Compensation is determined case-by-case based on the scope of the specific campaign or partnership.
Timeline
SMAX’s services will commence on November 13, 2024, with an initial commitment until June 30, 2025.
Benefits of Partnership
By partnering with SMAX Entertainment, Lake Elsinore will benefit from:
- Streamlined Operations: SMAX takes on the complexities of event production, allowing the City to focus on other community initiatives.
- Revenue Generation: Our strategies prioritize revenue through ticket sales, sponsorships, and merchandise.
- Exceptional Talent Access: Our extensive industry network brings talent that aligns with your event vision.
- Scalable Marketing Solutions: Our approach to marketing is adaptable, allowing for tailored campaigns that amplify each event’s impact.
Next Steps
We look forward to the opportunity to work with Lake Elsinore, building community engagement through dynamic entertainment experiences. Please reach out with any questions or to discuss adjustments to this proposal to ensure it aligns perfectly with your vision.
Thank you for considering SMAX Entertainment as your partner for Lake Elsinore’s entertainment needs.
15)
Construction Contract Award for Marina Landscape, Inc. for the I15 Main Street Interchange Landscape Improvement Project CIP Z10094
Award and authorize the City Manager to execute a Public Works Construction Agreement with Marina Landscape, Inc. in the amount of $1,356,549.57 for the I-15 Main Street Interchange Landscape Improvement Project CIP No. Z10094, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $135,654.96, and authorize the City Clerk to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City-maintained roadway network.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Remon Habib, City Engineer
Date:November 12, 2024
Subject:Construction Contract Award for Marina Landscape, Inc. for the I15 Main Street Interchange Landscape Improvement Project CIP Z10094 Recommendation
Award and authorize the City Manager to execute a Public Works Construction Agreement with Marina Landscape, Inc. in the amount of $1,356,549.57 for the I-15 Main Street Interchange Landscape Improvement Project CIP No. Z10094, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $135,654.96, and authorize the City Clerk to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City-maintained roadway network.
Background
This project will include the installation of irrigation and landscaping along the northbound and southbound ramps of the I15/Main Street Interchange. The irrigation and landscape improvements will serve to enhance the I15 Interchange visually and with slope protection.
The project was advertised on September 5, 2024. The low bidder is Marina Landscape Inc., with a total cost of $1,356,549.57.
Public Works Contract Marina Landscape
Discussion
Contractor Bids were secured via the City’s electronic bidding portal PlanetBids on October 9, 2024, at 2:00 PM, and results were immediately made publicly visible. The City received three (3) bids from qualified contractors. Staff recommends awarding the project to the apparent qualified low bidder, Marina Landscape Inc. The bid results are summarized below:
Contractor (Bidder) Total Bid Amount
1. Marina Landscape Inc.; $1,356,549.57
2. Pacific Restoration Group Inc. $1,561,175.47
3. ACCU Construction Inc. $1,645,413.50 Fiscal Impact
The Public Works Construction Agreement will result in a cost of $1,356,549.57 plus an additional 10% contingency of $135,654.96. Funding for this project is allocated within the approved CIP Budget.
Attachments
Attachment 1- Agreement
Exhibit A- Proposal
Attachment 2 - Project Map
Engineering
1 Agreement No. __________
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Marina Landscape, Inc.
For the
I15 and Main Street
Landscape Improvement
Project
CIP PROJECT NO. Z10094
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of November 12, 2024 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Marina Landscape, Inc., a Corporation (“Contractor”).
The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:
1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:
I15 and Main Street Landscape Improvement Project (the “Project”) The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by City of Lake Elsinore, are identified as:
I15 and Main Street Landscape Improvement Project Z10094 The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.
2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being One Million Three Hundred Fifty-Six Thousand Five Hundred Forty-Nine and 57/100 dollars ($1,356,549.57). 2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
3. Completion of Work.
a. Contractor shall perform and complete all work within One Hundred Twenty (120) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of One Thousand dollars ($1,000.00) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.
Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.
The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.
5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.
6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.
7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.
8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation. Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.
The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of 6 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Marina Landscape, Inc.
Attn: Kristen Ness
3707 W Garden Grove Blvd
Orange, CA 92868
11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.
20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.
23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Marina Landscape, Inc., a Corporation
City Manager
ATTEST:
By: Kristen Ness
Its: Assistant Secretary
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
16)
Professional Design Services Agreement with KOA Corporation for Final Engineering Plans, Specifications, and Cost Estimate, and Construction Support for Highway Safety Improvement Program Cycle 11 Project
Approve and authorize the City Manager to execute the agreement for Professional Design Services with KOA Corporation (KOA) in an amount $79,989 plus an additional 10% contingency, in such final form as approved by the City Attorney.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Remon Habib, City Engineer
Date:November 12, 2024
Subject:Professional Design Services Agreement with KOA Corporation for Final Engineering Plans, Specifications, and Cost Estimate, and Construction Support for Highway Safety Improvement Program Cycle 11 Project Recommendation
Approve and authorize the City Manager to execute the agreement for Professional Design Services with KOA Corporation (KOA) in an amount $79,989 plus an additional 10% contingency, in such final form as approved by the City Attorney.
Background
For the Highway Safety Improvement Program (HSIP) Cycle 11 grant, 286 projects were selected from a candidate pool of 434 applications. In 2023, the City of Lake Elsinore (City) secured the Cycle 11 grant to upgrade nine (9) existing pedestrian crossings throughout the city, where locations were selected based on historical collision data.
The agreement will authorize KOA to start the design to install Rectangular Rapid Flashing Beacon (RRFB) signs at nine (9) existing pedestrian crossings at various locations throughout the city. The intersections were determined through a city-wide safety analysis while preparing the HSIP Cycle 11 application for funding. All proposed pedestrian crossing locations are at intersections or mid-blocks site where there is a high presence of pedestrian traffic such as close proximity to schools, parks, and residential neighborhoods. The locations are at the following:
1. Machado Street & Broadway Street
2. Joy Street at Machado Elementary School
3. Heald Avenue & Mohr Street
4. Heald Avenue & Lewis Street
5. Sumner Avenue & Kellogg Street
6. Sumner Avenue & Poe Street
7. Mill Street & Avenue 9
HSIP Cycle 11
8. Ponte Russo & Ponte Verde
9. Kalanchoe Road & Waxen Drive
Discussion
KOA will provide civil engineering services necessary for final design and construction support for the installation of RRFB signs and crosswalk enhancements at nine (9) existing locations throughout the city. The scope of services includes project management, record research, conduct field reviews, preparation and completion of final construction documents, and provide construction support.
Fiscal Impact
Professional services agreement will result in a cost of $79,989 plus an additional 10% in contingency. The project has been budgeted in the current CIP program.
Attachments
Attachment 1 – Professional Services Agreement
Exhibit A – Proposal
Engineering
AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
KOA Corporation
Highway Safety Improvement Program (HSIP) Cycle 11 Citywide Pedestrian Crosswalk Enhancement PS&E and Construction Support – Project No. Z10105 This Agreement for Professional Services (the “Agreement”) is made and entered into as of November 12, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and KOA Corporation, a corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
PS&E and construction support for HSIP Cycle 11
B. Consultant has submitted to City a proposal, dated October 21, 2024, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.
D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.
c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed $79,989 dollars (SEVENTY NINE THOUSAND NINE HUNDRED EIGHTY NINE dolars) without additional written authorization from the City. Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.
7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant 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 as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.
15. Indemnity.
a. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred
by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute.
c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: KOA Corporation
Attn: Giuseppe Canzonieri
5095 Murphy Canyon Road, Suite 330
San Diego, CA 92123
18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
KOA Corporation, a corporation
By: Giuseppe Canzonieri
Its: Principal
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
City of Lake Elsinore – HSIP Cycle 11 RRFB Crossings Project - PS&E Page 1 X00024023
5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: (619) 683-2933 | F: (619) 683-7982 | www.koacorp.com
MONTEREY PARK ORANGE ONTARIO SAN DIEGO
October 21, 2024
Yu Tagai, PE
Assistant City Engineer
City of Lake Elsinore
951-674-3124 (x246)
Subject: HSIP Cycle 11 Application (08 – Lake Elsinore-2) Rectangular Rapid Flashing Beacon (RRFB) Crossings at 9 Locations - Project Plans, Specification, and Cost Estimates (PS&E)
Dear Mr. Tagai:
Thank you for requesting KOA Corporation (KOA) to provide this fee proposal for PS&E preparation of Rectangular Rapid Flashing Beacon (RRFB) Crossings at nine (9) Locations as shown in Attachment A. The scope of work is provided below for your review, followed by a fee estimate. KOA has prepared the scope of design work and fee schedule based on communication with you. Let us know if you have any questions or comments regarding this letter proposal.
PROJECT UNDERSTANDING
It is our understanding that the City desires design support to prepare PS&E for pedestrian safety improvements at the following nine locations. The improvements include upgrading the existing crosswalks by installing solar powered Rectangular Rapid Flashing Beacons (RRFB) and advanced yield line pavement markings and signs. The City has provided a list of projects and sketches illustrating the desired footprint of the rectangular rapid flashing locations with ladder type crosswalk features.
Location 1 – Machado Street and Broadway Street
Location 2 – Joy Street at Machado Elementary
Location 3 – Heald Avenue at Mohr Street
Location 4 – Heald Avenue at Lewis Street
Location 5 – Sumner Avenue at Kellogg Street
Location 6 – Sumner Avenue at Poe Street
Location 7 – Mill Street at Avenue 9
Location 8 – Ponte Russo at Ponte Verde
Location 9 – Kalanchoe Road at Waxen Drive
We anticipate that the City will provide KOA with GIS aerial files, and any typical sections and details already developed for the safety improvements.
SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT
This task will include the following items:
Host one virtual kick-off meeting with the City; prepare and circulate agenda, action items and meeting minutes for the kick-off meeting.
Host up to 2 design submittal meetings with the City staff to resolve any project issues. Excludes preparation of agenda, meeting minutes, and action items.
Prepare monthly invoices with their respective progress reports. Conduct internal meetings as needed to resolve any project issues
City of Lake Elsinore – HSIP Cycle 11 RRFB Crossings Project - PS&E Page 2 X00024023
Deliverables:
Host one (1) Kick-off meeting; prepare and circulate meeting minutes, agenda, and action items for one Kick-off meeting (electronic copies).
Host up to two (2) design submittal meetings with the City staff to resolve any project issues. Preparation of meeting minutes, agendas and action items is excluded.
Monthly invoices with progress reports (electronic copies).
TASK 2 – PRELIMINARY ENGINEERING
This task will include the following items:
Record Research & As-Built Review - KOA will work with the City to obtain record drawings and documents relevant to the work site. Record drawings and documents can include, but are not limited to existing improvement plans, existing topographic maps, centerline ties, corner records, as-built plans, utility plans, etc. We will send our request for record drawings and documents through the City’s Project Manager. The KOA team will review the project information provided by the City.
Utility Research, Notification, & Mapping - KOA will obtain from the City a list of utility companies known to own and operate facilities within 100 feet of the 9 improvement locations. KOA Team will email notices with our standard utility response form and a project site map to the list of utility companies provided by the City. Our requests will include record drawings of their facilities, prior rights information, and any planned upgrades expected in the near future. Utility responses will be logged, and information regarding existing facilities will be shown on our plans. In some cases, the utility owner may require a request presented on the City’s letterhead. If needed, we will coordinate these situations with the City’s Project Manager. KOA will provide the City Project Manager with a utility response list, maps, and/or data received when all utility companies have responded. KOA will compile facility maps received from the utility agencies and develop a utility base map that will be referenced in the project plans.
Deliverables:
Utility Information Log (excel file) and any maps received from the Utility owners. Utility base map.
Field Review & Site Evaluation –Upon receipt of the GIS files, topographic survey and any available as-built records from the City, we will visit the project site up to two (2) times to verify and document existing conditions. We will investigate and verify existing roadway geometry, utility manholes/valves, signing and striping, traffic signals, power poles, cabinets, fire hydrants, etc. We will document our field review with field notes and photos.
Deliverables:
Field notes & pictures.
Base Map Preparation – KOA will prepare a base map using the GIS aerial images/topo files provided by the City and use it a reference on the final design plans.
Deliverables:
Base Map (to be referenced on the plan sheets)
City of Lake Elsinore – HSIP Cycle 11 RRFB Crossings Project - PS&E Page 3 X00024023
TASK 3 – FINAL DESIGN
This task will include the following items:
Plans Preparation (total of 10 plan sheets)
o Title Sheet - (1)
o Plan Sheets (Scale: 1” = 20’) – (9)
This sheet will include construction notes, RRFB, Signing & Striping Notes, RRFB details and other relevant construction details.
Technical Specifications Preparation
o KOA will prepare the technical specifications using the City boilerplate, Standard Specifications for Public Works Construction (SSPWC) and Caltrans Standard Specifications.
Cost Estimates
o Cost Estimates will be prepared based on available sources such as recent City bid projects, bid prices from other local projects and Caltrans published data (if applicable).
Deliverables:
One electronic submittal of Plans, Specifications, & Estimates at each phase - 60%, and 100%.
TASK 4 – CONSTRUCTION SUPPORT (OPTIONAL SERVICE)
This task will include the following items:
Bid & Construction Support
o Review of shop drawings, submittals, and change orders. o Responses to Requests for Information (RFIs).
o Minor design changes during construction.
Record Drawings/As-Built Plans
o Upon completion of construction, KOA will prepare record drawings based on redlines provided by the Contractor and/or the Client’s Construction Manager. As-builts will be submitted on mylars as requested by the Client.
Deliverables:
RFI responses.
Applicable design revisions.
Record drawings/As-built plans.
Note: Budget is limited to what is shown in the fee schedule. An amendment will be prepared if construction support goes beyond the allocated budget shown in the fee schedule.
SCOPE OF WORK ASSUMPTIONS & EXCLUSIONS
Our proposal was developed on the following understanding of the project. All submittals will be made electronically.
The City will provide aerial GIS files with R/W lines. No survey will be conducted. The design of intersection safety lighting is excluded. ADA assessment of existing curb ramps and curb ramp design is excluded from our scope of work.
City of Lake Elsinore – HSIP Cycle 11 RRFB Crossings Project - PS&E Page 4 X00024023
Additional signage and striping which includes upgrading school zone signage in the vicinity or any “reduced speed school zone ahead” signage is excluded.
RRFB systems will be solar powered and wireless. Therefore, underground conduit, wiring diagrams, and coordination with Southern California Edison (SCE) will not be required. Utility potholing is excluded from the scope of work. Utility relocation coordination with the Utility owners is excluded. The City will be solely responsible for coordinating utility relocation with the utility owners. Any unforeseen scope of work items not described above will be considered as additional work and will be discussed with the City.
Any significant changes on the scope will be treated as additional work and a new scope of work and fee will be negotiated with the City.
Field verification of proposed improvements is excluded from our scope of work.
SCHEDULE
We anticipate a 6-month duration (November 14, 2024, through April 25, 2025) to complete the above-mentioned scope of work items. This is on the basis that the City will adhere to the said review milestones..
Notice To Proceed – November 15, 2024
Receive GIS Files, As-Builts, Topographic Files from the City – December 20, 2024 60% submittal – Plans, Specifications, & Estimate – February 14, 2025 Review comments (one round only) from the City – March 14, 2025 100% submittal Plans, Specifications, & Estimate – April 25, 2025
FEE ESTIMATE
KOA Corporation will perform the above specified scope of work at a Lump Sum fee of $75,489. The optional service can be performed at a Lump Sum fee of $4,500. Note that the budget for the optional service is limited to what is shown in the fee schedule. Any effort made beyond the allocated budget will require an amendment. The combined total of the base services and optional tasks is $79,989. The proposal is valid for 30 days and any individual tasks that are not authorized within 30 days of the date of this proposal are also subject to fee adjustments.
City of Lake Elsinore – HSIP Cycle 11 RRFB Crossings Project - PS&E Page 5 X00024023
AUTHORIZATION
A professional service agreement shall be prepared and executed prior to work.
Sincerely,
KOA | A Lochner Company
Giuseppe Canzonieri, PE
Principal | Director of Engineering
ATTACHMENT – A
(Exhibits for 9 Locations)
17)
Minutes of the Regular Successor Agency Meeting of October 22, 2024 Approve the Minutes.
REPORT TO SUCCESSOR AGENCY
To:Honorable Chair and Members of the Successor Agency
From:Jason Simpson, Executive Director
Prepared by:Candice Alvarez, MMC, Secretary
Date:November 12, 2024
Subject:Minutes of the Regular Successor Agency Meeting of October 22, 2024 Recommendation
Approve the Minutes.
Attachments
Attachment 1- Draft Minutes
City Clerk’s Office
City of Lake Elsinore
City Council Meeting
Minutes – Draft
Steve Manos, Mayor
Brian Tisdale, Mayor Pro Tem
Timothy J. Sheridan, Council Member
Natasha Johnson, Council Member
Robert E. Magee, Council Member
Jason Simpson, City Manager
Meeting Date:
October 22, 2024
Closed Session: 5:30 PM
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
CALL TO ORDER
The Regular Meeting of the City Council was called to order at 5:30 p.m.
ROLL CALL
Present: 4 - Council Members Sheridan, Johnson, and Magee; and Mayor Pro Tem Tisdale
Absent: 1 - Mayor Manos
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
There were no speakers.
CLOSED SESSION - 5:30 P.M.
A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Lake Elsinore v. Tolmasoff, et al.; U.S. District Court, Case No. 5:24-cv-00472-SSS-SHK
B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Pechanga Band of Indians, et al v. City of Lake Elsinore; Riverside Superior Court Case No. CVR12405402
C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov’t Code Section 54956.9: 1 potential case
City Council Minutes - Draft October 22, 2024
City of Lake Elsinore Page 2
RECONVENE/CALL TO ORDER
The Regular Meeting of the City Council reconvened and the Regular Meeting of the Successor Agency was called to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Tisdale led the Pledge of Allegiance.
ROLL CALL
Present: 4 - Council/Agency Members Sheridan, Johnson, and Magee; and Mayor Pro Tem/Vice Chair Tisdale
Absent: 1 - Mayor/Chair Manos
CLOSED SESSION REPORT
City Attorney Leibold reported that all three items were discussed; however, no reportable action was taken.
PRESENTATIONS/CEREMONIALS
1) CalFire 2024 Third Quarter Statistical Update
Battalion Chief Wright presented the update.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Harvey Ryan was called to speak.
Tracy Avery was called to speak.
Jim Judziewicz was called to speak.
CITY COUNCIL CONSENT CALENDAR
A motion was made by Council Member Johnson, seconded by Council Member Sheridan to approve the City Council Consent Calendar. The motion c arried by the following vote:
Aye: 4 Mayor Pro Tem Tisdale, Council Member Sheridan, Council Member Magee, Council Member Johnson
Nay: 0 None
Absent: 1 Mayor Manos
2) Minutes of the Regular City Council Meeting of October 8, 2024
Approve the Minutes.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft October 22, 2024
City of Lake Elsinore Page 3
3) Amendment No. 1 to the Engagement and Fee Agreement with Murphy & Evertz, LLP
Approve and authorize the City Manager to execute Amendment No. 1 to the Engagement and Fee Agreement with Murphy & Evertz, LLP, to provide special counsel services to the City in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
4) Annexation No. 22 Into Community Facilities District No. 2015-2 (Maintenance Services) for TPM 37710 (Blazed Utopia)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF
THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 22) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
This item was approved on the City Council Consent Calendar.
5) Change Order No. 1 to the Public Works Construction Agreement with SAS Construction, Inc. for Concrete Footings and Foundation, Bid Set ‘A,’ on the New City Hall Project (CIP Project #Z20006)
Approve and authorize the City Manager to execute Change Order No.1 for the not to exceed amount of $1,024,850.00 to SAS Construction, Inc. Concrete Footings and Foundation, Bid Set ‘A,’ on the New City Hall Project (CIP Project #Z20006) in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
6) Purchase of York Air Conditioning System at Wholesale Cost from Amber Air Conditioning Inc.
Authorize the City Manager to purchase the York air conditioning system with heat pumps for the City Hall Building Project (CIP Project Z20006) at wholesale cost from Amber Air Conditioning, Inc.
This item was approved on the City Council Consent Calendar.
7) Award of a Public Works Agreement to Best Contracting Services Inc. for the roofing, Bid Set ‘G,’ on the New City Hall Project (CIP Project #Z20006)
Approve and authorize the City Manager to execute a public works agreement to Best Contracting Services Inc. in an amount not to exceed $297,249.00 for the roofing, bid set ‘G,’ on the new City Hall Project (CIP Project #Z20006) in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $29,725.00 for construction uncertainties and adjustments, and authorize the City Clerk to file the notice of completion once the entire scope of work is complete and return withheld retention to the contractor.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft October 22, 2024
City of Lake Elsinore Page 4
8) Professional Services Agreement with Environmental Science Associates (ESA) for Historic Resources Inventory Update
Approve and authorize the City Manager to execute an agreement with Environmental Science Associates in an amount not to exceed $116,066 to conduct a citywide historic resources survey in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
9) Agreement with Storyland Studios for Digital Storytelling and Tourism Development
Approve and authorize the City Manager to execute an agreement/contract with Storyland Studios in an amount not to exceed $164,500 for a plan for the 10-acre site next to the campground, digital storytelling, including website development, and visitor guide to fit various mediums such as desktops, tablets, and mobile phones in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
10) Proposition 36: Resolution Supporting the Homelessness, Drug Addiction, and Theft Reduction Act
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT.
This item was approved on the City Council Consent Calendar.
11) Termination of the Proclamation of Local Emergency Due to the Airport Fire
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, TERMINATING THE PROCLAMATION OF A LOCAL EMERGENCY DUE TO THE AIRPORT FIRE.
This item was approved on the City Council Consent Calendar.
12) Grant of Easement to Southern California Edison Near McVicker Park
Approve and authorize the City Manager to process the easement documents and instruct staff to forward the documents to Southern California Edison for recordation.
This item was approved on the City Council Consent Calendar.
13) Professional Services Agreement with STC Traffic, Inc. for Traffic Signal Operations On-call Services
Approve and authorize the City Manager to execute a Professional Services Agreement with STC Traffic, Inc. to provide on-call traffic signal operations service in an amount not to exceed $30,000 per year and in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft October 22, 2024
City of Lake Elsinore Page 5
14) Construction Contract Award for All American Asphalt for the SB-1 Mountain Street Tract Pavement Rehabilitation Project CIP Z10088
Approve and authorize the City Manager to execute a Public Works Construction Agreement with All American Asphalt in the amount of $3,074,001.75 for the SB-1 Mountain Street Tracts Pavement Rehabilitation Project, CIP No. Z10088 in such final form approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $307,400.18, and authorize the City Engineer to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City-maintained roadway network.
This item was approved on the City Council Consent Calendar.
15) Professional Services Agreement with Wilson-Mikami Corporation for On-Call Engineering Services
Approve and authorize the City Manager to execute an agreement with Wilson Mikami Corporation in an amount not to exceed $100,000 annually for On-Call Engineering Services in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
16) Agreements of Purchase and Sale Between Skydive Elsinore, LLC and City of Lake Elsinore for Acquiring Properties Related to the Murrieta Creek Multi-Use Trail Project
Approve and authorize the City Manager to execute two (2) purchase and sale agreements with Skydive Elsinore LLC, a California Limited Liability Company, in amounts of $36,975 and $24,600 for right of way acquisition in such final form as approved by the City Attorney for the Murrieta Creek Multi-Use Trail Project.
This item was approved on the City Council Consent Calendar.
17) Agreement with SD Flags Banner and Signs for Graphics and Signs Citywide
Approve and authorize the City Manager to execute the Contractor Services Agreement with SD Flags Banner and Signs in an amount not to exceed $30,000.00 for Graphics and Signs Citywide in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $3,000.00 for unanticipated costs.
This item was approved on the City Council Consent Calendar.
SUCCESSOR AGENCY CONSENT CALENDAR
A motion was made by Agency Member Johnson, seconded by Agency Member Sheridan to approve the Successor Agency Consent Calendar. The motion carried by the following vote:
Aye: 4 Mayor Pro Tem Tisdale, Council Member Sheridan, Council Member Magee, Council Member Johnson
Nay: 0 None
Absent: 1 Mayor Manos
City Council Minutes - Draft October 22, 2024
City of Lake Elsinore Page 6
18) Minutes of the Regular Successor Agency Meeting of October 8, 2024
Approve the Minutes.
This item was approved on the Successor Agency Consent Calendar.
19) Professional Services Agreement with Urban Futures, Inc. for Continuing Disclosures, CDIAC, and Arbitrage Services
Approve and authorize the Executive Director to execute the Professional Services Agreement with Urban Futures, Inc. in an amount not to exceed $36,500 per fiscal year for ongoing continuing disclosure services, arbitrage reporting, and related financial services in connection with Successor Agency bonds in such final form as approved by the Agency Counsel.
This item was approved on the Successor Agency Consent Calendar.
20) Legal Services Agreement with Leibold McClendon & Mann PC for Legal Services to the Successor Agency
Approve and authorize the Executive Director to execute the Legal Services Agreement with Leibold McClendon & Mann PC for ongoing legal services to the Successor Agency in such final form as approved by the Executive Director.
This item was approved on the Successor Agency Consent Calendar.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES
There were no speakers.
CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.
CITY MANAGER’S COMMENTS
City Manager Simpson t hanked Mr. Ryan and Ms. Avery for their comments; addressed the odor being experienced in the Summerly community; and expressed that the City is committed to working with the Elsinore Valley Municipal Water District to find a solution.
CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Magee noted that he is committed to finding a resolution to the odor being experienced in the Summerly community; encouraged residents to attend a public meeting regarding the Interstate 15 Express Lanes Project Southern Extension on Wednesday, October 23, 2024 at 6:00 p.m. in the Cultural Center; invited the community to attend or participate in the San Diego SCCA Autocross races on November 2- 3, 2024 at Diamond Stadium; and announced that catfish were stocked in the Lake on October 17, 2024.
Council Member Johnson shared her attendance at the Blue Ribbon Breakfast on October 17, 2024 honoring the 2024 Inland Empire officers and deputies of the year; and announced the Cops for Kids Toy Drive accepting donations through November 22, 2024.
City Council Minutes - Draft October 22, 2024
City of Lake Elsinore Page 7
Council Member Sheridan noted that he would attend the Riverside Transit Agency Board of Directors meeting on October 24, 2024 and shared photos from the Agency’s 2024 Roadeo; shared the result of the Thunder Cares Golf Tournament, which was held on Monday, October 14, 2024; and shared a photo from the Tuscany Hills Trunk or Treat event that was held on October 19, 2024.
Mayor Pro Tem Tisdale reported on his attendance at the Western Riverside Council of Governments Executive Committee meeting on October 7, 2024; reminded the audience that there are only two City Council meetings remaining for the year – November 12 and December 10, 2024; shared Vote Centers and Ballot Drop-off locations in the City and the dates they are open; and reminded the community that the Veteran’s Day Memorial will be held on November 11, 2024 at Diamond Stadium.
ADJOURNMENT
The Lake Elsinore City Council adjourned at 7:36 p.m. to the next Regular meeting of Tuesday, November 12, 2024 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.
18)
SA Warrant Report Dated September 23, 2024 to September 29, 2024 Receive and File.
REPORT TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:November 12, 2024
Subject:SA Warrant Report Dated September 23, 2024 to September 29, 2024 Recommendation
Receive and File.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
SEP 23, 2024 TO SEP 29, 2024 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 96,784.25 $
540 SARDA DIAMOND STADIUM 6,439.31
GRAND TOTAL 103,223.56 $
Attachment 1 1 OF 1
SEP 23, 2024 TO SEP 29, 2024 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25000606 COTTER CONSTRUCTION, INC. 800.00 $
APA25000629 LAKE ELSINORE STORM, LP 96,784.25
APA25000642 SOUTHERN CALIFORNIA EDISON CO. 126.81
7730 PROSTAFF, LLC 5,512.50
GRAND TOTAL 103,223.56 $
Attachment 2 1 OF 1
19)
SA Warrant Report Dated September 30, 2024 to October 06, 2024 Receive and File.
REPORT TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:November 12, 2024
Subject:SA Warrant Report Dated September 30, 2024 to October 06, 2024 Recommendation
Receive and File.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
SEP 30, 2024 TO OCT 06, 2024 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
540 SARDA DIAMOND STADIUM 75,491.93 $
GRAND TOTAL 75,491.93 $
Attachment 1 1 OF 1
SEP 30, 2024 TO OCT 06, 2024 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
7758 AK SECURITY ALARM LLC 11,974.85 $
APA25000681 LAKE ELSINORE STORM, LP 63,517.08
GRAND TOTAL 75,491.93 $
Attachment 2 1 OF 1
20)
SA Warrant Report Dated October 10, 2024 to October 16, 2024 Receive and File.
REPORT TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:November 12, 2024
Subject:SA Warrant Report Dated October 10, 2024 to October 16, 2024 Recommendation
Receive and File.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above-mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
OCT 10, 2024 TO OCT 16, 2024 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
540 SARDA DIAMOND STADIUM 52,519.05 $
GRAND TOTAL 52,519.05 $
Attachment 1 1 OF 1
OCT 10, 2024 TO OCT 16, 2024 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25000760 GOLDEN STATE CONCESSIONS & CATERING 12,182.91$ APA25000773 QUICK CRETE PRODUCTS CORP. 34,211.14
7852 PROSTAFF, LLC 6,125.00
GRAND TOTAL 52,519.05 $
Attachment 2 1 OF 1
21)
SA Investment Report for September 2024
Receive and file.
REPORT TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:November 12, 2024
Subject:SA Investment Report for September 2024
Recommendation
Receive and file.
Discussion
The Investment Report is a listing of all funds invested for the City of Lake Elsinore and includes funds held for the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore as of the date shown on the report.
Fiscal Impact
No fiscal impact.
Attachments
Attachment 1- Investment Report for September 2024
CITY OF LAKE ELSINORE
INVESTMENT REPORT
BANK DEPOSITS OUTSTANDING BOOK
CASH ACCOUNTS BALANCE IN TRANSIT PAYMENTS BALANCE
Bank Accounts:
General Checking Account 2,542,616 $ 122,563 $ (15,918) $ 2,649,261 $ Cash On Hand:
Cashier Drawers #1 & #2 - - - 300 City of Lake Elsinore Petty Cash Fund - - - 2,000 Total Cash Accounts 2,542,616 122,563 (15,918) 2,651,561
INVESTMENTS
Local Agency Investment Funds 64,203,505 - - 64,203,505 CAMP Investments:
CAMP Pool Account 470,550 - - 470,550 U.S. Treasury Bond / Note 21,667,970 - - 21,667,970 Supra-National Agency Bond / Note - - - - Municipal Bond / Note 1,236,023 - - 1,236,023 Federal Agency Commercial Mortgage-Backed Security 8,708,061 - - 8,708,061 Federal Agency Bond / Note 2,266,362 - - 2,266,362 Corporate Note 12,286,922 - - 12,286,922 Certificate of Deposit 900,000 - - 900,000 Bank Note 525,525 - - 525,525 Asset-Backed Security 5,220,550 - - 5,220,550 Sub-total Investments 117,485,467 - - 117,485,467 Market Value Adjustment:
Unrealized Gain/(Loss) at 4/30/2024 (821,059) - - (821,059) Total Investments 116,664,408 - - 116,664,408 Total Pooled Cash and Investments 119,207,025 $ 122,563 $ (15,918) $ 119,315,970$ TOTAL POOLED CASH AND INVESTMENTS 119,315,970$
I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 11, 2024. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures.
Jason P. Simpson October 24, 2024
City Manager Date
C I T Y O F L A K E E L S I N O R E
INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS
AS OF SEPTEMBER 30, 2024
FUND NO FUND NAME AMOUNT
100 General 13,688,234 $
102 Measure Z 14,021,085
106 Affordable Housing In Lieu 1,518,569
107 Developer Agreement Revenue 701,531
108 American Rescue Plan 5,439,387
109 Road Maintenance and Rehabilitation (SB1) 2,289,206 110 State Gas Tax 742,959
111 TUMF C.I.P. 134,376
112 Measure A 1,089,150
114 SB1186 CASP Education Program 71,176
115 Traffic Safety 5,317
116 City Hall-Public Works DIF 743,235
117 Community Center DIF 501,701
118 Lake Side Facility DIF 705,222
119 Animal Shelter DIF 51,440
121 T.R.I.P.-2014A 520
135 Lighting & Landscape Maintenance - Dist. No. 1 1,657,253 140 Geothermal 12,292
160 PEG Grant 4,344
202 La Strada RBBD 25,070
203 E.L.S.P. - S.T.I.F. 3,535,230
205 Traffic Impact Fee 858,695
211 Storm Drain C.I.P. 3,409,099
221 Quimby Park C.I.P. 8,087
231 Library C.I.P. 1,117,477
232 City Fire Protection 1,096,950
300 Insurance Service 341,713
305 Information Systems Service 2,791,788
310 Support Service 46,417
315 Fleet Service 906,244
320 Facilities Service 2,468,641
331 CFD 2006-1CC Summerly Improvement Area CC 2,551
334 CFD 2015-5 Trieste - Far West Industries 3
335 CFD 2003-2E Canyon Hills Improvement Area E 1,879
337 CFD 2016-2 Canyon Hills 27,623
338 CFD 2006-1 IA-JJ Summerly Improvement Area 8,632
339 CFD 2006-1 IA-KK Summerly Improvement Area 7,927
345 CFD 2003-2 Improvement Area D, Canyon Hills 11,753
346 CFD 2014-1 Southshore 60,826
351 CFD 2006-1 IA-II Summerly Improvement 13,161
C I T Y O F L A K E E L S I N O R E
POOLED CASH AND INVESTMENTS BY FUND
AS OF SEPTEMBER 30, 2024
FUND NO FUND NAME AMOUNT
C I T Y O F L A K E E L S I N O R E
POOLED CASH AND INVESTMENTS BY FUND
AS OF SEPTEMBER 30, 2024
361 CFD 2022-2 Lakeshore Improvement 5,419
364 CFD 2023-2 Coastal Mission Trail Improvement 5,622
370 CFD 2006-1 IA-HH Summerly Improvement 293
377 CFD 2006-6 Tessara 6,155
378 CFD 2006-8 Running Deer Estates 659
387 CFD 2007-5 Red Kite 216
397 CFD 2018-3 Village at Lakeshore 10,665
500 Capital Improvement Plan 8,184,868
603 Endowment Trust - Carl Graves 64,523
604 Endowment Trust - Korn Memorial 35,321
605 Public Improvement Trust 2,543,363
606 Mobile Source Air Polution Reduction 147,862
608 Trust Deposit & Pre Paid Expense 1,614,102
617 Successor Agency Housing 41,517,303
620 Cost Recovery System 4,630,043
631 Lake Destratification Equipment Replacement 432,793 Total Pooled Cash & Investments 119,315,970$
MAXIMUM DIVERSIFICATION CURRENT
TYPES OF SECURITIES PERCENTAGE PERCENTAGE BALANCE
CAMP - Pooled Sweep Account Unlimited 0.40% 470,550$
U.S. Treasury Bond / Note Unlimited 18.44% 21,667,970$
Supra-National Agency Bond / Note 30% 0.00% -$
Municipal Bond / Note Unlimited 1.05% 1,236,023$
Federal Agency Collaterized Mortgage Obligation 40% 7.41% 8,708,061$ Federal Agency Bond / Note Unlimited 1.93% (1) 2,266,362$ Banker's Acceptance 40.00% 0.00% -$
Corporate Note (Includes Bank Note) 30% 10.91% 12,812,447$ Commercial Paper 25% 0.00% -$
Negotiable Certificates of Deposit 30% 0.77% 900,000$
Asset-Backed Security / Collaterized Mortgage 20% 4.44% 5,220,550$ Repurchase Agreements Unlimited 0 -$
Reverse Repurchase Agreements 10.00% 0.00% -$
LAIF (Local Agency Investment Funds) $150 Million 54.65% (2) 64,203,505$ TOTAL 100.00% 117,485,467$
Note:
(1) No more than 40% in any one federal agency. See CAMP Portfolio Statement for listing of agencies. (2) Investment in LAIF may not exceed $75 million in each agency.
C I T Y O F L A K E E L S I N O R E
SUMMARY OF POLICY LIMITATIONS
FOR THE MONTH ENDING SEPTEMBER 30, 2024
Local Agency Investment Fund
September 4.575
August 4.579
July 4.516
June 4.480
May 4.332
April 4.272
PMIA Average Life(1): 217
LAIF Fair Value Factor(1): 0.996316042
PMIA Daily(1): 4.52
PMIA Quarter to Date(1): 4.36
LAIF Apportionment Rate(2): 4.55
LAIF Earnings Ratio(2): 0.00012419067099490
LAIF Administrative Cost(1)*: 0.16
Treasuries
58.85%Agencies
23.21%
Certificates of
Deposit/Bank Notes
8.17%
Time
Deposits
3.22%
Commercial
Paper
5.79%
Corporate
Bonds
0.51%
Loans
0.26%
Notes: The apportionment rate includes interest earned on the CalPERS Supplemental Pension Payment pursuant to Government Code 20825 (c)(1) and interest earned on the Wildfire Fund loan pursuant to Public Utility Code 3288 (a). *The percentage of administrative cost equals the total administrative cost divided by the quarterly interest earnings. The law provides that administrative costs are not to exceed 5% of quarterly EARNINGS of the fund. However, if the 13-week Daily Treasury Bill Rate on the last day of the fiscal year is below 1%, then administrative costs shall not exceed 8% of quarterly EARNINGS of the fund for the subsequent fiscal year.
Source:
(1) State of California, Office of the Treasurer
(2) State of Calfiornia, Office of the Controller
PMIA Average Monthly
Effective Yields(1)
PMIA/LAIF Performance Report
as of 10/02/24
Daily rates are now available here. View PMIA Daily Rates Quarterly Performance
Quarter Ended 06/30/24
Chart does not include $1,368,000.00 in mortgages, which equates to 0.001%. Percentages may not total 100% due to rounding.
Pooled Money Investment Account
Monthly Portfolio Composition (1)
8/31/24
$163.4 billion
Yield Purchase Date Maturity Rate
4.575% Daily 24-Hour
Investment Beginning Balance Net Increase/(Decrease) Ending Balance Total Investments Held with
Local Agency Investment Fund: 70,203,505$ (6,000,000) $ 64,203,505 $ Note:
Per California State Treasurer, LAIF Statute 16429.1: Separate accounts for each governmental unit shall be maintained.
C I T Y O F L A K E E L S I N O R E
LOCAL AGENCY INVESTMENT FUND
TRANSACTION SUMMARY
FOR THE MONTH ENDING SEPTEMBER 30, 2024
CAMP
Investment Portfolio
For the Month Ending September 30, 2024Account Statement - Transaction Summary
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
146,611.50
1,900,381.61
(1,576,442.63)
0.00 $470,550.48
CAMP Pool
Unsettled Trades 0.00
1,009.22 Cash Dividends and Income
Opening Market Value
Purchases
Redemptions
Change in Value
Closing Market Value
53,416,755.81
1,568,884.26
(1,659,565.81)
331,233.68
$53,657,307.94
CAMP Managed Account
Unsettled Trades 0.00
170,166.89 Cash Dividends and Income
September 30, 2024 August 31, 2024
Asset Summary
CAMP Pool 470,550.48 146,611.50
CAMP Managed Account 53,657,307.94 53,416,755.81
$54,127,858.42 $53,563,367.31 Total
Asset Allocation
0.87%
CAMP Pool
99.13%
CAMP Managed
Account
For the Month Ending September 30, 2024Managed Account Summary Statement
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dividend
Closing Market Value
Redemptions
Purchases
Opening Market Value
Closing Market Value
Change in Current Value
Unsettled Trades
Principal Acquisitions
Principal Dispositions
Maturities/Calls
Opening Market Value
Closing Market Value
Opening Market Value
Account Total
Total Cash Basis Earnings
Plus Net Realized Gains/Losses
Less Purchased Interest Related to Interest/Coupons
Interest/Dividends/Coupons Received
Earnings Reconciliation (Cash Basis) - Managed Account
Dividends
Less Beginning Accrued Interest
Less Beginning Amortized Value of Securities
Less Cost of New Purchases
Plus Coupons/Dividends Received
Plus Proceeds of Maturities/Calls/Principal Payments
Plus Proceeds from Sales
Ending Accrued Interest
Ending Amortized Value of Securities
Earnings Reconciliation (Accrual Basis)
Reconciling Transactions
Net Cash Contribution
Security Purchases
Principal Payments
Coupon/Interest/Dividend Income
Sale Proceeds
Maturities/Calls
Cash Transactions Summary- Managed Account
$146,611.50
1,900,381.61
(1,576,442.63)
$470,550.48
1,009.22
$53,416,755.81
(310,384.17)
(1,349,181.64)
1,568,884.26
0.00 331,233.68
$53,657,307.94
$53,563,367.31
$54,127,858.42
139,193.19
(2,944.97)
33,918.67
$170,166.89
0.00 1,357,846.04
130,528.79
310,384.17
(1,571,829.23)
(226,929.77)
0.00 Managed Account Total
53,105,484.65 53,576,035.13
298,370.69
1,357,846.04
310,384.17
130,528.79
(1,571,829.23)
(53,168,716.67)
(289,828.19)
0.00 298,370.69
2,934,288.67
310,384.17
130,528.79
(3,472,210.84)
(53,315,328.17)
(289,828.19)
1,009.22
Total Accrual Basis Earnings $172,240.25 $173,249.47
Transaction Summary - Managed AccountTransaction Summary - Money Market _______________________________________________ _______________________________________________ _____________________________________________________ Cash Balance
$0.00 Closing Cash Balance
For the Month Ending September 30, 2024
Portfolio Summary and Statistics
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Account Summary
Percent Par Value Market ValueDescription
U.S. Treasury Bond / Note 22,925,000.00 22,246,687.10 41.10 Municipal Bond / Note 1,235,000.00 1,215,080.10 2.24 Federal Agency Commercial
Mortgage-Backed Security
8,832,442.64 8,929,439.03 16.50
Federal Agency Bond / Note 2,275,000.00 2,197,799.65 4.06 Corporate Note 12,350,000.00 12,336,222.94 22.79
Certificate of Deposit 900,000.00 914,915.25 1.69
Bank Note 525,000.00 535,501.05 0.99
Asset-Backed Security 5,221,298.36 5,281,662.82 9.76 Managed Account Sub-Total 54,263,741.00 53,657,307.94 99.13% Accrued Interest 298,370.69
Total Portfolio 54,263,741.00 53,955,678.63
CAMP Pool 470,550.48 470,550.48 0.87
Total Investments 54,734,291.48 54,426,229.11 100.00%
Unsettled Trades 0.00 0.00
Sector Allocation
9.76%
ABS
0.99%
Bank Note
1.69%
Cert of Deposit
21.32%
Corporate Note
4.06%
Fed Agy Bond /
Note
16.50%
Federal Agency
Commercial
Mortgage-Backed
Security
0.87%
Joint Powers
Authority
2.24%
Muni Bond / Note
1.47%
Priv Placement
Bond
41.10%
US TSY Bond / Note
0 - 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years
3.08%
7.76% 6.15%
29.37%
43.04%
10.60%
0.00%
Maturity Distribution Characteristics
Yield to Maturity at Cost
Yield to Maturity at Market
Weighted Average Days to Maturity 1062
3.98%
3.85%
For the Month Ending September 30, 2024
Managed Account Issuer Summary
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Credit Quality (S&P Ratings)
5.68%
A
4.75%
A+
3.80%
A-
3.58%
AA
63.07%
AA+
5.44%
AA-
9.85%
AAA
0.87%
AAAm
0.68%
BBB+
2.28%
NR
Issuer Summary
Percentof HoldingsIssuer
Market Value
224,480.70 0.41 Abbott Laboratories
387,133.13 0.72 Adobe Inc
348,045.42 0.64 Air Products and Chemicals Inc
463,885.48 0.86 Amazon.com Inc
1,490,028.70 2.75 American Express Co
757,381.92 1.40 Apple Inc
355,338.03 0.66 BA Credit Card Trust
447,637.27 0.83 Bank of America Corp
454,714.18 0.84 Bank of New York Mellon Corp
165,964.05 0.31 Bayerische Motoren Werke AG
459,626.15 0.85 Berkshire Hathaway Inc
796,688.38 1.47 BlackRock Inc
373,561.50 0.69 Bristol-Myers Squibb Co
81,980.46 0.15 California State University
470,550.48 0.87 CAMP Pool
738,443.48 1.36 Capital One Financial Corp
165,432.11 0.31 CarMax Inc
214,240.50 0.40 Caterpillar Inc
293,891.10 0.54 Charles Schwab Corp
64,517.90 0.12 Cintas Corp
434,195.58 0.80 Cisco Systems Inc
793,449.00 1.47 Citigroup Inc
387,243.38 0.72 Deere & Co
674,925.84 1.25 Discover Card Execution Note Trust
145,061.40 0.27 Federal Home Loan Banks
9,490,552.64 17.53 Federal Home Loan Mortgage Corp
1,491,624.64 2.76 Federal National Mortgage Association 354,961.60 0.66 Fifth Third Auto Trust
130,325.39 0.24 Ford Credit Auto Owner Trust
223,671.60 0.41 General Dynamics Corp
284,456.82 0.53 GM Financial Consumer Automobile Receiv 170,745.62 0.32 Harley-Davidson Inc
For the Month Ending September 30, 2024Managed Account Issuer Summary
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Percentof HoldingsIssuer
Market Value
411,003.81 0.76 Home Depot Inc
438,377.57 0.81 Honda Auto Receivables Owner Trust
401,483.20 0.74 Honda Motor Co Ltd
18,639.75 0.03 Hyundai Auto Receivables Trust
224,012.25 0.41 International Business Machines Corp
587,016.22 1.08 JPMorgan Chase & Co
60,942.72 0.11 Lockheed Martin Corp
742,950.00 1.37 Microsoft Corp
535,501.05 0.99 Morgan Stanley
747,494.50 1.38 National Australia Bank Ltd
391,822.20 0.72 National Rural Utilities Cooperative Fi 319,537.40 0.59 New York State Urban Development Corp
149,954.18 0.28 Nissan Auto Receivables Owner Trust
457,315.65 0.84 Nordea Bank Abp
173,136.78 0.32 PACCAR Inc
405,601.52 0.75 Roche Holding AG
126,212.06 0.23 San Juan Unified School District
302,597.52 0.56 State Board of Administration Finance C 204,360.40 0.38 State of California
97,177.00 0.18 State of Minnesota
38,416.72 0.07 Target Corp
86,771.74 0.16 Texas Instruments Inc
457,599.60 0.85 Toronto-Dominion Bank
265,002.54 0.49 Toyota Auto Receivables Owner Trust
381,775.88 0.71 Toyota Motor Corp
223,385.85 0.41 United Services Automobile Association 22,246,687.10 41.09 United States Treasury
215,113.50 0.40 UnitedHealth Group Inc
83,215.26 0.15 University of California Board of Regen $54,127,858.42 Total 100.00%
For the Month Ending September 30, 2024Managed Account Detail of Securities Held
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
U.S. Treasury Bond / Note
US TREASURY N/B
DTD 06/30/2020 0.250% 06/30/2025
48,581.25 49,829.67 31.59 49,031.25 04/05/2104/01/21AaaAA+ 50,000.00 912828ZW3 0.71
US TREASURY N/B
DTD 11/15/2016 2.000% 11/15/2026
6,379,573.20 6,377,613.67 49,858.70 6,198,843.75 01/17/2301/13/23AaaAA+ 6,600,000.00 912828U24 3.72
US TREASURY N/B
DTD 05/02/2022 2.750% 04/30/2027
1,175,016.00 1,172,884.28 13,809.78 1,155,421.88 02/03/2301/31/23AaaAA+ 1,200,000.00 91282CEN7 3.70
US TREASURY N/B
DTD 08/01/2022 2.750% 07/31/2027
366,533.25 366,544.55 1,737.43 362,329.10 05/05/2305/01/23AaaAA+ 375,000.00 91282CFB2 3.62
US TREASURY N/B
DTD 08/01/2022 2.750% 07/31/2027
390,968.80 382,825.49 1,853.26 373,265.62 03/06/2303/02/23AaaAA+ 400,000.00 91282CFB2 4.44
US TREASURY N/B
DTD 08/01/2022 2.750% 07/31/2027
586,453.20 576,098.84 2,779.89 565,640.63 07/07/2307/03/23AaaAA+ 600,000.00 91282CFB2 4.30
US TREASURY N/B
DTD 08/01/2022 2.750% 07/31/2027
806,373.15 798,956.48 3,822.35 786,779.30 06/06/2306/02/23AaaAA+ 825,000.00 91282CFB2 3.97
US TREASURY N/B
DTD 11/30/2022 3.875% 11/30/2027
1,184,867.65 1,171,354.21 15,301.49 1,170,501.95 01/05/2401/02/24AaaAA+ 1,175,000.00 91282CFZ9 3.98
US TREASURY N/B
DTD 11/30/2022 3.875% 11/30/2027
1,210,077.60 1,187,394.46 15,627.05 1,184,109.38 12/05/2312/01/23AaaAA+ 1,200,000.00 91282CFZ9 4.24
US TREASURY N/B
DTD 02/28/2023 4.000% 02/29/2028
405,281.20 394,439.46 1,370.17 393,640.63 04/05/2404/03/24AaaAA+ 400,000.00 91282CGP0 4.45
US TREASURY N/B
DTD 02/28/2023 4.000% 02/29/2028
607,921.80 602,105.61 2,055.25 602,507.81 02/06/2402/02/24AaaAA+ 600,000.00 91282CGP0 3.89
US TREASURY N/B
DTD 02/28/2023 4.000% 02/29/2028
1,367,824.05 1,337,400.51 4,624.31 1,335,287.11 03/06/2403/01/24AaaAA+ 1,350,000.00 91282CGP0 4.30
US TREASURY N/B
DTD 02/28/2023 4.000% 02/29/2028
2,482,347.35 2,389,877.29 8,392.27 2,383,390.63 05/06/2405/01/24AaaAA+ 2,450,000.00 91282CGP0 4.79
US TREASURY N/B
DTD 06/30/2021 1.250% 06/30/2028
206,639.55 200,133.76 710.77 198,641.60 07/03/2407/01/24AaaAA+ 225,000.00 91282CCH2 4.49
For the Month Ending September 30, 2024Managed Account Detail of Securities Held
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
U.S. Treasury Bond / Note
US TREASURY N/B
DTD 06/30/2021 1.250% 06/30/2028
1,170,957.45 1,171,125.25 4,027.68 1,169,364.26 09/06/2409/04/24AaaAA+ 1,275,000.00 91282CCH2 3.59
US TREASURY N/B
DTD 06/30/2021 1.250% 06/30/2028
1,193,917.40 1,178,622.09 4,106.66 1,173,960.94 08/05/2408/01/24AaaAA+ 1,300,000.00 91282CCH2 3.96
US TREASURY N/B
DTD 06/30/2021 1.250% 06/30/2028
2,663,354.20 2,588,515.87 9,161.01 2,565,253.91 06/11/2406/06/24AaaAA+ 2,900,000.00 91282CCH2 4.39 139,269.66 22,246,687.10 21,945,721.49 4.06 21,667,969.75 22,925,000.00 Security Type Sub-Total Municipal Bond / Note
NY ST URBAN DEV-F-1
DTD 12/23/2020 0.870% 03/15/2025
319,537.40 325,000.00 125.67 325,000.00 12/23/2012/16/20NRNR 325,000.00 650036DT0 0.87
UNIV OF CALIFORNIA-BG (CALLABLE)
DTD 07/16/2020 0.883% 05/15/2025
83,215.26 85,000.00 283.54 85,000.00 07/16/2007/10/20Aa2AA 85,000.00 91412HGE7 0.88
FLORIDA ST BRD OF ADM
DTD 09/16/2020 1.258% 07/01/2025
63,447.87 65,071.93 204.43 65,459.55 09/16/2009/03/20Aa3AA 65,000.00 341271AD6 1.11
FLORIDA ST BRD OF ADM
DTD 09/16/2020 1.258% 07/01/2025
82,970.29 85,088.21 267.33 85,563.55 09/16/2009/03/20Aa3AA 85,000.00 341271AD6 1.12
FLORIDA ST BRD OF ADM
DTD 09/16/2020 1.258% 07/01/2025
156,179.36 160,000.00 503.20 160,000.00 09/16/2009/03/20Aa3AA 160,000.00 341271AD6 1.26
MINNESOTA ST-F-UNREF
DTD 08/25/2020 0.630% 08/01/2025
97,177.00 100,000.00 105.00 100,000.00 05/07/2405/07/24AaaAAA 100,000.00 60412AK85 0.63
SAN JUAN CA UNIF SCH
DTD 10/29/2020 0.852% 08/01/2025
126,212.06 130,000.00 184.60 130,000.00 10/29/2010/16/20Aa2NR 130,000.00 798306WP7 0.85
CALIFORNIA ST UNIV-B
DTD 07/29/2021 0.862% 11/01/2025
81,980.46 85,000.00 305.29 85,000.00 07/29/2107/09/21Aa2AA- 85,000.00 13077DQD7 0.86 CA ST
DTD 03/15/2023 4.846% 03/01/2027
204,360.40 200,000.00 807.67 200,000.00 03/15/2303/09/23Aa2AA- 200,000.00 13063D3N6 4.85 2,786.73 1,215,080.10 1,235,160.14 1.60 1,236,023.10 1,235,000.00 Security Type Sub-Total
For the Month Ending September 30, 2024Managed Account Detail of Securities Held
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Federal Agency Commercial Mortgage-Backed Security
FHMS K043 A2
DTD 03/01/2015 3.062% 12/01/2024
221,761.55 223,579.55 569.12 234,084.16 03/25/2003/19/20AaaAA+ 223,036.87 3137BGK24 1.91 FHMS K054 A2
DTD 04/01/2016 2.745% 01/01/2026
269,867.40 269,608.09 629.06 263,613.28 04/14/2304/11/23AaaAA+ 275,000.00 3137BNGT5 4.32 FHMS K058 A2
DTD 11/01/2016 2.653% 08/01/2026
536,163.10 536,940.19 1,215.96 526,839.84 04/12/2304/06/23AaaAA+ 550,000.00 3137BSP72 3.98 FHMS K061 A2
DTD 01/01/2017 3.347% 11/01/2026
367,133.42 365,743.49 1,039.76 361,311.90 05/24/2305/19/23AaaAA+ 372,786.73 3137BTUM1 4.29 FHMS K064 A2
DTD 05/01/2017 3.224% 03/01/2027
540,786.95 528,497.60 1,477.67 518,804.69 08/18/2308/16/23AaaAA+ 550,000.00 3137BXQY1 4.94 FHMS K065 A2
DTD 07/01/2017 3.243% 04/01/2027
539,904.75 534,754.80 1,486.38 527,033.20 06/13/2306/08/23AaaAA+ 550,000.00 3137F1G44 4.42 FHMS KJ48 A1
DTD 12/01/2023 4.858% 05/01/2028
403,482.00 394,612.52 1,597.53 394,610.68 12/14/2312/06/23AaaAA+ 394,613.84 3137HBC69 4.86 FHMS KJ46 A1
DTD 07/01/2023 4.777% 06/01/2028
443,295.60 436,440.32 1,737.43 436,437.71 07/27/2307/19/23AaaAA+ 436,448.59 3137HAD45 4.78 FHMS K505 A2
DTD 07/01/2023 4.819% 06/01/2028
564,170.75 554,159.51 2,208.71 555,493.40 07/20/2307/13/23AaaAA+ 550,000.00 3137HACX2 4.59 FNA 2023-M6 A2
DTD 07/01/2023 4.190% 07/01/2028
527,469.64 518,732.69 1,835.07 516,646.78 07/31/2307/18/23AaaAA+ 525,556.61 3136BQDE6 4.58 FHMS K508 A2
DTD 10/01/2023 4.740% 08/01/2028
512,567.50 490,960.44 1,975.00 489,032.00 10/19/2310/11/23AaaAA+ 500,000.00 3137HAQ74 5.25 FHMS K506 A2
DTD 09/01/2023 4.650% 08/01/2028
816,610.40 790,425.93 3,100.00 788,165.60 09/14/2309/07/23AaaAA+ 800,000.00 3137HAMH6 4.99 FHMS K509 A2
DTD 10/01/2023 4.850% 09/01/2028
385,585.13 364,882.43 1,515.63 363,043.88 10/31/2310/25/23AaaAA+ 375,000.00 3137HAST4 5.60 FHMS K507 A2
DTD 09/01/2023 4.800% 09/01/2028
512,863.00 495,035.38 2,000.00 494,023.50 09/28/2309/20/23AaaAA+ 500,000.00 3137HAMS2 5.07
For the Month Ending September 30, 2024Managed Account Detail of Securities Held
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Federal Agency Commercial Mortgage-Backed Security
FHMS K510 A2
DTD 11/01/2023 5.069% 10/01/2028
186,481.44 179,561.24 760.35 179,479.62 11/21/2311/14/23AaaAA+ 180,000.00 3137HB3D4 5.14 FHMS K511 A2
DTD 12/01/2023 4.860% 10/01/2028
282,913.13 274,328.88 1,113.75 274,209.93 12/07/2311/28/23AaaAA+ 275,000.00 3137HB3G7 4.93 FHMS K514 A2
DTD 02/01/2024 4.572% 12/01/2028
295,452.58 292,551.57 1,104.90 292,899.71 02/08/2402/01/24AaaAA+ 290,000.00 3137HBLV4 4.34 FHMS K524 A2
DTD 07/01/2024 4.720% 05/01/2029
451,834.68 442,652.32 1,730.67 442,702.04 07/25/2407/16/24AaaAA+ 440,000.00 3137HDV56 4.58 FHMS K522 A2
DTD 06/01/2024 4.803% 05/01/2029
566,251.95 550,000.00 2,201.38 549,998.35 06/13/2406/05/24AaaAA+ 550,000.00 3137HDJJ0 4.80 FHMS K526 A2
DTD 08/01/2024 4.543% 07/01/2029
504,844.06 499,523.52 1,873.99 499,630.23 08/15/2408/07/24AaaAA+ 495,000.00 3137HDXL9 4.33 31,172.36 8,929,439.03 8,742,990.47 4.66 8,708,060.50 8,832,442.64 Security Type Sub-Total Federal Agency Bond / Note
FREDDIE MAC
DTD 07/23/2020 0.375% 07/21/2025
412,794.85 424,658.63 309.90 422,883.50 07/23/2007/21/20AaaAA+ 425,000.00 3137EAEU9 0.48
FANNIE MAE
DTD 08/27/2020 0.375% 08/25/2025
338,664.55 349,704.83 131.25 348,362.00 08/27/2008/25/20AaaAA+ 350,000.00 3135G05X7 0.47
FEDERAL HOME LOAN BANK
DTD 09/11/2020 0.375% 09/04/2025
145,061.40 149,916.42 42.19 149,550.00 09/11/2009/10/20AaaAA+ 150,000.00 3130AK5E2 0.44
FREDDIE MAC
DTD 09/25/2020 0.375% 09/23/2025
675,788.40 699,587.51 58.33 697,893.00 09/25/2009/23/20AaaAA+ 700,000.00 3137EAEX3 0.44
FANNIE MAE
DTD 11/12/2020 0.500% 11/07/2025
625,490.45 649,486.63 1,300.00 647,673.00 11/12/2011/09/20AaaAA+ 650,000.00 3135G06G3 0.57 1,841.67 2,197,799.65 2,273,354.02 0.49 2,266,361.50 2,275,000.00 Security Type Sub-Total Corporate Note
For the Month Ending September 30, 2024Managed Account Detail of Securities Held
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Corporate Note
PACCAR FINANCIAL CORP
DTD 02/06/2020 1.800% 02/06/2025
173,136.78 175,642.02 481.25 182,894.25 10/29/2010/22/20A1A+ 175,000.00 69371RQ66 0.72
AMERICAN EXPRESS CO (CALLABLE)
DTD 03/04/2022 2.250% 03/04/2025
79,168.80 79,988.55 135.00 79,919.20 03/04/2203/01/22A2BBB+ 80,000.00 025816CQ0 2.29
ROCHE HOLDINGS INC (CALLABLE)
DTD 03/10/2022 2.132% 03/10/2025
405,601.52 410,000.00 509.90 410,000.00 03/10/2203/03/22Aa2AA 410,000.00 771196BT8 2.13
HOME DEPOT INC (CALLABLE)
DTD 03/28/2022 2.700% 04/15/2025
24,731.68 24,992.26 311.25 24,956.25 03/28/2203/24/22A2A 25,000.00 437076CM2 2.76 CINTAS CORPORATION NO. 2 (CALLABLE)
DTD 05/03/2022 3.450% 05/01/2025
64,517.90 64,997.21 934.38 64,985.70 05/03/2204/26/22A3A- 65,000.00 17252MAP5 3.46
USAA CAPITAL CORP
DTD 05/26/2022 3.375% 05/01/2025
223,385.85 224,853.55 3,164.06 224,264.25 05/26/2205/23/22Aa1AA 225,000.00 90327QD89 3.49
GENERAL DYNAMICS CORP (CALLABLE)
DTD 05/11/2018 3.500% 05/15/2025
223,671.60 227,819.30 2,975.00 252,247.50 10/20/2010/16/20A2A 225,000.00 369550BG2 0.80 AMAZON.COM INC (CALLABLE)
DTD 06/03/2020 0.800% 06/03/2025
463,885.48 474,968.67 1,245.56 474,767.25 06/05/2006/03/20A1AA 475,000.00 023135BQ8 0.81
NATIONAL AUSTRALIA BK/NY
DTD 06/09/2022 3.500% 06/09/2025
248,218.00 250,000.00 2,722.22 250,000.00 06/09/2205/31/22Aa2AA- 250,000.00 63254ABD9 3.50
NATIONAL RURAL UTIL COOP
DTD 05/04/2022 3.450% 06/15/2025
49,636.30 49,996.94 507.92 49,986.50 05/04/2204/27/22A2A- 50,000.00 63743HFE7 3.92
IBM CORP
DTD 07/27/2022 4.000% 07/27/2025
224,012.25 225,000.00 1,600.00 225,000.00 07/27/2207/20/22A3A- 225,000.00 459200KS9 4.00
BANK OF AMERICA CORP
DTD 07/30/2015 3.875% 08/01/2025
224,220.37 230,376.50 1,453.13 256,918.50 08/20/2008/18/20A1A- 225,000.00 06051GFS3 0.93
ABBOTT LABORATORIES (CALLABLE)
DTD 03/22/2017 3.875% 09/15/2025
224,480.70 229,916.18 387.50 257,845.50 09/28/2009/24/20Aa3AA- 225,000.00 002824BM1 0.86
BANK OF AMERICA CORP (CALLABLE)
DTD 12/06/2021 1.530% 12/06/2025
223,416.90 225,000.00 1,099.69 225,000.00 12/06/2112/01/21A1A- 225,000.00 06051GKE8 1.53
For the Month Ending September 30, 2024Managed Account Detail of Securities Held
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Corporate Note
JPMORGAN CHASE & CO (CALLABLE)
DTD 02/24/2022 2.595% 02/24/2026
173,269.43 175,000.00 466.74 175,000.00 02/24/2202/16/22A1A- 175,000.00 46647PCV6 2.60
UNITEDHEALTH GROUP INC (CALLABLE)
DTD 05/19/2021 1.150% 05/15/2026
215,113.50 224,872.70 977.50 224,608.50 05/19/2105/17/21A2A+ 225,000.00 91324PEC2 1.19
BMW US CAPITAL LLC (CALLABLE)
DTD 08/12/2021 1.250% 08/12/2026
165,964.05 174,980.39 297.74 174,947.50 08/16/2108/12/21A2A 175,000.00 05565EBW4 1.26
CATERPILLAR FINL SERVICE
DTD 01/10/2022 1.700% 01/08/2027
214,240.50 224,482.83 881.88 223,863.75 01/13/2201/11/22A2A 225,000.00 14913R2U0 1.81
TARGET CORP (CALLABLE)
DTD 01/24/2022 1.950% 01/15/2027
38,416.72 39,968.71 164.67 39,932.00 01/24/2201/19/22A2A 40,000.00 87612EBM7 1.99
BANK OF NY MELLON CORP (CALLABLE)
DTD 01/26/2022 2.050% 01/26/2027
454,714.18 474,510.28 1,758.16 473,945.50 01/28/2201/26/22A1A 475,000.00 06406RBA4 2.10
MICROSOFT CORP (CALLABLE)
DTD 02/06/2017 3.300% 02/06/2027
742,950.00 733,053.19 3,781.25 721,942.50 03/17/2303/14/23AaaAAA 750,000.00 594918BY9 4.36
AMERICAN EXPRESS CO (CALLABLE)
DTD 03/04/2022 2.550% 03/04/2027
289,546.80 286,607.15 573.75 277,203.00 01/18/2301/13/23A2BBB+ 300,000.00 025816CS6 4.59
BERKSHIRE HATHAWAY FIN (CALLABLE)
DTD 03/15/2022 2.300% 03/15/2027
459,626.15 470,618.84 485.56 466,089.00 03/17/2203/15/22Aa2AA 475,000.00 084664CZ2 2.70
CHARLES SCHWAB CORP (CALLABLE)
DTD 09/24/2021 3.300% 04/01/2027
293,891.10 290,826.57 4,950.00 284,925.00 02/22/2302/17/23A2A- 300,000.00 808513BW4 4.66
NATIONAL AUSTRALIA BK/NY
DTD 06/09/2022 3.905% 06/09/2027
499,276.50 492,851.74 6,074.44 488,325.00 01/18/2301/13/23Aa2AA- 500,000.00 63254ABE7 4.50
APPLE INC (CALLABLE)
DTD 09/12/2017 2.900% 09/12/2027
757,381.92 753,425.75 1,186.18 741,062.75 01/23/2301/19/23AaaAA+ 775,000.00 037833DB3 3.94
TOYOTA MOTOR CREDIT CORP
DTD 01/12/2023 4.625% 01/12/2028
381,775.88 375,854.76 3,805.99 376,282.50 02/10/2302/08/23A1A+ 375,000.00 89236TKQ7 4.55
NATIONAL RURAL UTIL COOP (CALLABLE)
DTD 02/07/2018 3.400% 02/07/2028
342,185.90 335,939.46 1,785.00 329,189.00 02/22/2302/17/23A1A- 350,000.00 637432NP6 4.76
For the Month Ending September 30, 2024Managed Account Detail of Securities Held
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Corporate Note
TEXAS INSTRUMENTS INC (CALLABLE)
DTD 11/18/2022 4.600% 02/15/2028
86,771.74 86,442.69 499.61 87,043.40 05/18/2305/11/23Aa3A+ 85,000.00 882508BV5 4.04
BRISTOL-MYERS SQUIBB CO (CALLABLE)
DTD 07/15/2020 3.900% 02/20/2028
373,561.50 363,519.14 1,665.63 358,263.75 03/13/2303/09/23A2A 375,000.00 110122DE5 4.93
LOCKHEED MARTIN CORP (CALLABLE)
DTD 05/25/2023 4.450% 05/15/2028
60,942.72 59,921.32 1,008.67 59,892.00 05/25/2305/23/23A2A- 60,000.00 539830BZ1 4.49
JOHN DEERE CAPITAL CORP
DTD 07/14/2023 4.950% 07/14/2028
387,243.38 377,182.78 3,970.31 377,865.00 07/25/2307/21/23A1A 375,000.00 24422EXB0 4.78
CITIBANK NA (CALLABLE)
DTD 09/29/2023 5.803% 09/29/2028
793,449.00 746,937.16 241.79 746,280.00 10/04/2310/02/23Aa3A+ 750,000.00 17325FBB3 5.92
AIR PRODUCTS & CHEMICALS (CALLABLE)
DTD 02/08/2024 4.600% 02/08/2029
348,045.42 339,600.81 2,302.56 339,547.80 02/08/2402/06/24A2A 340,000.00 009158BH8 4.63
CISCO SYSTEMS INC (CALLABLE)
DTD 02/26/2024 4.850% 02/26/2029
434,195.58 419,869.92 1,980.42 419,853.00 02/26/2402/21/24A1AA- 420,000.00 17275RBR2 4.86
BLACKROCK FUNDING INC (CALLABLE)
DTD 03/14/2024 4.700% 03/14/2029
51,399.25 49,918.58 110.97 49,909.50 03/14/2403/05/24Aa3AA- 50,000.00 09290DAA9 4.74
BLACKROCK FUNDING INC (CALLABLE)
DTD 03/14/2024 4.700% 03/14/2029
745,289.13 725,322.89 1,609.10 725,355.25 03/14/2403/06/24Aa3AA- 725,000.00 09290DAA9 4.69
ADOBE INC (CALLABLE)
DTD 04/04/2024 4.800% 04/04/2029
175,500.35 169,795.59 4,012.00 169,775.60 04/04/2404/02/24A1A+ 170,000.00 00724PAF6 4.83
ADOBE INC (CALLABLE)
DTD 04/04/2024 4.800% 04/04/2029
211,632.78 204,721.49 4,838.00 204,694.55 04/04/2404/01/24A1A+ 205,000.00 00724PAF6 4.83
HOME DEPOT INC (CALLABLE)
DTD 06/25/2024 4.750% 06/25/2029
128,757.38 124,232.23 1,583.33 124,193.75 06/25/2406/17/24A2A 125,000.00 437076DC3 4.90
HOME DEPOT INC (CALLABLE)
DTD 06/25/2024 4.750% 06/25/2029
257,514.75 248,693.56 3,166.67 248,627.50 06/25/2406/18/24A2A 250,000.00 437076DC3 4.88
AMERICAN HONDA FINANCE
DTD 09/05/2024 4.400% 09/05/2029
401,483.20 399,526.58 1,271.11 399,520.00 09/05/2409/03/24A3A- 400,000.00 02665WFQ9 4.43
For the Month Ending September 30, 2024Managed Account Detail of Securities Held
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
72,975.89 12,336,222.94 12,262,228.29 3.70 12,286,922.00 12,350,000.00 Security Type Sub-Total Certificate of Deposit
TORONTO DOMINION BANK NY
DTD 10/31/2022 5.600% 10/27/2025
457,599.60 450,000.00 23,940.00 450,000.00 10/31/2210/27/22A1A 450,000.00 89115B6K1 5.60
NORDEA BANK ABP NEW YORK
DTD 11/03/2022 5.530% 11/03/2025
457,315.65 450,000.00 10,230.50 450,000.00 11/03/2211/02/22Aa3AA- 450,000.00 65558UYF3 5.53 34,170.50 914,915.25 900,000.00 5.57 900,000.00 900,000.00 Security Type Sub-Total Bank Note
MORGAN STANLEY BANK NA (CALLABLE)
DTD 07/19/2024 4.968% 07/14/2028
535,501.05 525,492.97 5,216.40 525,525.00 07/19/2407/18/24Aa3A+ 525,000.00 61690U8E3 4.94 5,216.40 535,501.05 525,492.97 4.94 525,525.00 525,000.00 Security Type Sub-Total Asset-Backed Security
NAROT 2021-A A3
DTD 06/23/2021 0.330% 10/15/2025
21,901.46 21,983.42 3.22 21,983.13 06/23/2106/15/21AaaAAA 21,983.51 65480BAC1 0.33 TAOT 2021-B A3
DTD 06/14/2021 0.260% 11/17/2025
19,412.82 19,484.11 2.25 19,482.54 06/14/2106/08/21NRAAA 19,484.64 89190GAC1 0.26 HAROT 2021-4 A3
DTD 11/24/2021 0.880% 01/21/2026
26,802.71 27,155.01 6.64 27,151.08 11/24/2111/16/21AaaNR 27,156.80 43815GAC3 0.89 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
6,983.35 7,009.21 1.62 7,008.13 04/21/2104/13/21NRAAA 7,009.64 14314QAC8 0.52 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
18,639.75 18,811.71 6.19 18,809.03 11/17/2111/09/21NRAAA 18,813.23 44935FAD6 0.75 GMCAR 2021-4 A3
DTD 10/21/2021 0.680% 09/16/2026
27,304.11 27,713.92 7.85 27,713.49 10/21/2110/13/21AaaAAA 27,714.20 362554AC1 0.68 CARMX 2022-3 A3
DTD 07/20/2022 3.970% 04/15/2027
158,448.76 159,175.62 280.86 159,173.87 07/20/2207/12/22NRAAA 159,177.63 14318MAD1 3.97
For the Month Ending September 30, 2024Managed Account Detail of Securities Held
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Asset-Backed Security
NAROT 2022-B A3
DTD 09/28/2022 4.460% 05/17/2027
128,052.72 128,145.09 254.04 128,133.60 09/28/2209/20/22AaaAAA 128,160.12 65480JAC4 4.46 GMCAR 2022-4 A3
DTD 10/12/2022 4.820% 08/16/2027
257,152.71 256,773.60 515.74 256,756.49 10/12/2210/04/22NRAAA 256,798.58 36265QAD8 4.82 TAOT 2023-A A3
DTD 01/30/2023 4.630% 09/15/2027
245,589.72 244,999.92 504.16 244,999.88 01/30/2301/24/23NRAAA 245,000.00 891940AC2 4.63 COMET 2022-A3 A
DTD 11/03/2022 4.950% 10/15/2027
246,514.84 244,976.40 539.00 244,961.56 11/03/2210/27/22NRAAA 245,000.00 14041NGB1 4.95 HDMOT 2023-A A3
DTD 02/23/2023 5.050% 12/15/2027
170,745.62 169,988.59 381.56 169,982.88 02/23/2302/13/23AaaNR 170,000.00 41285JAD0 5.05 FORDO 2023-A A3
DTD 03/31/2023 4.650% 02/15/2028
130,325.39 129,990.61 268.67 129,986.44 03/31/2303/28/23NRAAA 130,000.00 344928AD8 4.65 HAROT 2023-3 A3
DTD 08/22/2023 5.410% 02/18/2028
324,601.92 319,950.31 625.16 319,934.02 08/22/2308/15/23NRAAA 320,000.00 43815QAC1 5.42 DCENT 2023-A1 A
DTD 04/11/2023 4.310% 03/15/2028
320,560.64 319,986.98 612.98 319,981.44 04/11/2304/04/23AaaNR 320,000.00 254683CY9 4.31 BACCT 2023-A1 A1
DTD 06/16/2023 4.790% 05/15/2028
171,735.87 169,971.63 361.91 169,961.51 06/16/2306/08/23NRAAA 170,000.00 05522RDG0 4.79 AMXCA 2023-1 A
DTD 06/14/2023 4.870% 05/15/2028
192,263.09 189,987.59 411.24 189,983.15 06/14/2306/07/23NRAAA 190,000.00 02582JJZ4 4.87 COMET 2023-A1 A
DTD 05/24/2023 4.420% 05/15/2028
491,928.64 489,918.19 962.58 489,887.64 05/24/2305/17/23NRAAA 490,000.00 14041NGD7 4.45 DCENT 2023-A2 A
DTD 06/28/2023 4.930% 06/15/2028
354,365.20 349,964.70 766.89 349,952.72 06/28/2306/21/23AaaAAA 350,000.00 254683CZ6 4.93 HAROT 2023-4 A3
DTD 11/08/2023 5.670% 06/21/2028
86,972.94 84,987.76 133.88 84,985.03 11/08/2311/01/23AaaNR 85,000.00 438123AC5 5.67 FITAT 2023-1 A3
DTD 08/23/2023 5.530% 08/15/2028
354,961.60 349,983.12 860.22 349,978.30 08/23/2308/15/23AaaAAA 350,000.00 31680EAD3 5.53
For the Month Ending September 30, 2024Managed Account Detail of Securities Held
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTrade Settle Par
Asset-Backed Security
CHAIT 2023-A1 A
DTD 09/15/2023 5.160% 09/15/2028
413,746.79 404,908.90 928.80 404,887.73 09/15/2309/07/23NRAAA 405,000.00 161571HT4 5.17 AMXCA 2023-3 A
DTD 09/19/2023 5.230% 09/15/2028
419,386.13 409,792.43 953.02 409,981.67 09/19/2309/12/23NRAAA 410,000.00 02582JKD1 5.24 BACCT 2023-A2 A2
DTD 12/14/2023 4.980% 11/15/2028
183,602.16 179,979.92 398.40 179,975.83 12/14/2312/07/23AaaNR 180,000.00 05522RDH8 4.98 AMXCA 2024-1 A
DTD 04/23/2024 5.230% 04/16/2029
509,663.88 494,898.53 1,150.60 494,898.53 04/23/2404/16/24NRAAA 495,000.00 02582JKH2 5.23 10,937.48 5,281,662.82 5,220,537.27 4.84 5,220,549.69 5,221,298.36 Security Type Sub-Total 54,263,741.00 52,811,411.54 3.98 298,370.69 53,105,484.65 53,657,307.94 Managed Account Sub-Total Joint Powers Authority
CAMP Pool 470,550.48 470,550.48 0.00 470,550.48 NRAAAm 470,550.48 470,550.48 470,550.48 0.00 470,550.48 470,550.48 Liquid Sub-Total $54,734,291.48 $53,281,962.02 $298,370.69 $53,576,035.13 $54,127,858.42 3.98% $54,426,229.11
$298,370.69
Total Investments
Accrued Interest
Securities Sub-Total
For the Month Ending September 30, 2024Managed Account Fair Market Value & Analytics
CITY OF LAKE ELSINORE - LAKE ELSINORE - CITY FUNDS
Value On Cost Amort CostCUSIP Broker Date PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration
U.S. Treasury Bond / Note
(1,248.42)(450.00) 48,581.25 97.16 GoldmanS 50,000.00 912828ZW3US TREASURY N/B DTD 06/30/2020 0.250% 06/30/2025
5.10 0.74
1,959.53 180,729.45 6,379,573.20 96.66 JPMorgan 6,600,000.00 912828U24US TREASURY N/B DTD 11/15/2016 2.000% 11/15/2026
3.56 2.04
2,131.72 19,594.12 1,175,016.00 97.92 BNPPSA 1,200,000.00 91282CEN7US TREASURY N/B DTD 05/02/2022 2.750% 04/30/2027
3.51 2.44
(11.30) 4,204.15 366,533.25 97.74 MorganSt 375,000.00 91282CFB2US TREASURY N/B DTD 08/01/2022 2.750% 07/31/2027
3.51 2.69
8,143.31 17,703.18 390,968.80 97.74 BMO 400,000.00 91282CFB2US TREASURY N/B DTD 08/01/2022 2.750% 07/31/2027
3.51 2.69
10,354.36 20,812.57 586,453.20 97.74 Citigrou 600,000.00 91282CFB2US TREASURY N/B DTD 08/01/2022 2.750% 07/31/2027
3.51 2.69
7,416.67 19,593.85 806,373.15 97.74 HSBC 825,000.00 91282CFB2US TREASURY N/B DTD 08/01/2022 2.750% 07/31/2027
3.51 2.69
13,513.44 14,365.70 1,184,867.65 100.84 Citigrou 1,175,000.00 91282CFZ9US TREASURY N/B DTD 11/30/2022 3.875% 11/30/2027
3.51 2.92
22,683.14 25,968.22 1,210,077.60 100.84 HSBC 1,200,000.00 91282CFZ9US TREASURY N/B DTD 11/30/2022 3.875% 11/30/2027
3.51 2.92
10,841.74 11,640.57 405,281.20 101.32 JPMorgan 400,000.00 91282CGP0US TREASURY N/B DTD 02/28/2023 4.000% 02/29/2028
3.50 3.16
5,816.19 5,413.99 607,921.80 101.32 Citigrou 600,000.00 91282CGP0US TREASURY N/B DTD 02/28/2023 4.000% 02/29/2028
3.50 3.16
30,423.54 32,536.94 1,367,824.05 101.32 Citigrou 1,350,000.00 91282CGP0US TREASURY N/B DTD 02/28/2023 4.000% 02/29/2028
3.50 3.16
92,470.06 98,956.72 2,482,347.35 101.32 HSBC 2,450,000.00 91282CGP0US TREASURY N/B DTD 02/28/2023 4.000% 02/29/2028
3.50 3.16
6,505.79 7,997.95 206,639.55 91.84 BMO 225,000.00 91282CCH2US TREASURY N/B DTD 06/30/2021 1.250% 06/30/2028
3.57 3.60
(167.80) 1,593.19 1,170,957.45 91.84 MorganSt 1,275,000.00 91282CCH2US TREASURY N/B DTD 06/30/2021 1.250% 06/30/2028
3.57 3.60
15,295.31 19,956.46 1,193,917.40 91.84 BMO 1,300,000.00 91282CCH2US TREASURY N/B DTD 06/30/2021 1.250% 06/30/2028
3.57 3.60
74,838.33 98,100.29 2,663,354.20 91.84 BMO 2,900,000.00 91282CCH2US TREASURY N/B DTD 06/30/2021 1.250% 06/30/2028
3.57 3.60