Agenda packet — Solana Beach City Council, January 12, 2022 (part 1 of 3)

CITY OF SOLANA BEACH

SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT

AGENCY, PUBLIC FINANCING AUTHORITY, AND HOUSING AUTHORITY AGENDA
Joint REGULAR Meeting
Wednesday, January 12, 2022 * 6:00 p.m.

Teleconference Location Only-City Hall/Council Chambers, 635 S. Highway 101, Solana Beach, California This meeting will be conducted in accordance with California Government Code sections 54953(e) and 54954.3 and other applicable law.

MEETING LOCATION WILL NOT BE OPEN TO THE PUBLIC
Be advised that due to the COVID-19 pandemic in-person participation will not be allowed, there will be no members of the public in attendance at Council Meetings. Alternatives to in-person attendance for viewing and participating in City Council meetings are being provided under provided below.

AGENDA MATERIALS
A full City Council agenda packet including relative supporting documentation is posted online www.cityofsolanabeach.org Closed Session Agendas are posted at least 72 hours prior to regular meetings and at least 24 hours prior to special meetings.

WATCH THE MEETING
• Live web-streaming: Meetings web-stream live on the City’s website on the City’s Public Meetings webpage. Find the large Live Meeting button.
• Live Broadcast on Local Govt. Channel: Meetings are broadcast live on Cox Communications - Channel 19 / Spectrum (Time Warner)-Channel 24 / AT&T U-verse Channel 99. • Archived videos online: The video taping of meetings are maintained as a permanent record and contain a detailed account of the proceedings. Council meeting tapings are archived and available for viewing on the City’s Public Meetings webpage.

PUBLIC COMMENTS
o Written correspondence (supplemental items) regarding an agenda item at an open session meeting should be submitted to the City Clerk’s Office at [email protected] with a) Subject line to include the meeting date b) Include the Agenda Item # as listed on the Agenda. o Correspondence received after the official posting of the agenda, but before 3:00 p.m. (or 3 hrs. prior to the meeting start time) on the meeting day, will be distributed to Council and made available online along with the agenda posting. All submittals received before the start of the meeting will be made part of the record.
o Written submittals will be added to the record and not read out loud. o The designated location for viewing supplemental documents is on the City’s website www.cityofsolanabeach.org on the posted Agenda under the relative Agenda Item.

OR
Verbal Comment Participation: If you wish to provide a live verbal comment during the meeting, attend the virtual meeting via your computer or call in.

Before Meeting
o Alert Clerk’s Office. We ask that you alert us that you will joining the meeting to speak. Please email us at [email protected] to let us know which item you will speak on. This allows our Staff to manage speakers more efficiently.
o Watch the Meeting and Make a Public Comment
You can watch the meeting on the Live Meeting button on the Public Meetings page OR on TV at the stations provided above OR on the zoom event:

Link: https://cosb-org.zoom.us/j/87181332544?pwd=bTdUZFpaaWVWeTdYMFQrcUV1SXdYdz09 Webinar ID: 871 8133 2544
If you cannot log on or need to use a phone for audio quality, use one of these call-in numbers:
888 475 4499 (Toll Free) or 833 548 0276 (Toll Free)
- Join/Log-In to the meeting at least 15 minutes prior to the start time so that the City Clerk can verify that you are ready to speak before the meeting begins.
- Audio Accessibility: If your computer does not have a microphone or you have sound issues, you can call-in from a landline or cell phone and use it as your audio (phone # is provided once you log- Solana Beach City Council Regular Meeting Agenda January 12, 2022 Page 2 of 9 in to Zoom, see above). If you call in for better audio, mute your computer's speakers to eliminate feedback so that you do not have two audios when you are speaking.

During Meeting:
o During each Agenda Item and Oral Communications, attendees will be asked if they would like to speak. Speakers are taken during each agenda item.
o Speakers will be asked to raise their hand (zoom icon under participants can be clicked or on the phone you can dial *9) if they would like to be called on to speak during each item. We will call on you by your log in name or the last 4 digits of your phone #. When called on by the meeting organizer, we will unmute so you may provide comments for the allotted time. Allotted speaker times are listed under each Agenda section.
o Choose Gallery View to see the presentations, when applicable.

SPECIAL ASSISTANCE NEEDED - AMERICAN DISABILITIES ACT TITLE 2 In compliance with the Americans with Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Section 202. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s office (858) 720-2400 [email protected] at least 72 hours prior to the meeting.

CITY COUNCILMEMBERS
Lesa Heebner, Mayor
Kelly Harless
Deputy Mayor
David A. Zito
Councilmember
Jewel Edson
Councilmember
District 1
Kristi Becker
Councilmember
District 3
Gregory Wade
City Manager
Johanna Canlas
City Attorney
Angela Ivey
City Clerk
SPEAKERS:

See Public Participation on the first page of the Agenda for publication participation options.

READING OF ORDINANCES AND RESOLUTIONS:

Pursuant to Solana Beach Municipal Code Section 2.04.460, at the time of introduction or adoption of an ordinance or adoption of a resolution, the same shall not be read in full unless after the reading of the title, further reading is requested by a member of the Council. If any Councilmember so requests, the ordinance or resolution shall be read in full. In the absence of such a request, this section shall constitute a waiver by the council of such reading.

CALL TO ORDER AND ROLL CALL:

CLOSED SESSION REPORT:

FLAG SALUTE:

PROCLAMATIONS/CERTIFICATES: Ceremonial
None at the posting of this agenda
PRESENTATIONS: Ceremonial items that do not contain in-depth discussion and no action/direction.

SDG&E Via de la Valle Utility Line Reconfiguration
APPROVAL OF AGENDA:

Solana Beach City Council Regular Meeting Agenda January 12, 2022 Page 3 of 9 ORAL COMMUNICATIONS:

Note to Public: Refer to Public Participation for information on how to submit public comment.

This portion of the agenda provides an opportunity for members of the public to address the City Council on items relating to City business and not appearing on today’s agenda by having submitted written comments for the record to be filed with the record or by registering to join the virtual meeting online to speak live, per the Public Participation instructions on the Agenda.

Comments relating to items on this evening’s agenda are taken at the time the items are heard.

Pursuant to the Brown Act, no action shall be taken by the City Council on public comment items.

Council may refer items to the City Manager for placement on a future agenda. The maximum time allotted for each speaker is THREE MINUTES (SBMC 2.04.190).

COUNCIL COMMUNITY ANNOUNCEMENTS / COMMENTARY:

An opportunity for City Council to make brief announcements or report on their activities. These items are not agendized for official City business with no action or substantive discussion.

A. CONSENT CALENDAR: (Action Items) (A.1. - A.9.)
Note to Public: Refer to Public Participation for information on how to submit public comment.

Items listed on the Consent Calendar are to be acted in a single action of the City Council unless pulled for discussion.

Any member of the public may address the City Council on an item of concern by submitting written correspondence for the record to be filed with the record or by registering to join the virtual meeting online to speak live, per the Public Participation instructions on the Agenda. The maximum time allotted for each speaker is THREE MINUTES (SBMC 2.04.190).

Those items removed from the Consent Calendar by a member of the Council will be trailed to the end of the agenda, while Consent Calendar items removed by the public will be discussed immediately after approval of the Consent Calendar.

A.1. Register Of Demands. (File 0300-30)
Recommendation: That the City Council

1. Ratify the list of demands for November 6, 2021 – December 17, 2021.

Item A.1. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

A.2. General Fund Budget Adjustments for Fiscal Year 2021/2022. (File 0330-30) Recommendation: That the City Council

1. Receive the report listing changes made to the Fiscal Year 2021/2022 General Fund Adopted Budget.

Item A.2. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

Solana Beach City Council Regular Meeting Agenda January 12, 2022 Page 4 of 9 A.3. 2022 Council Meeting Schedule. (File 0410-05)
Recommendation: That the City Council

1. Review, edit, and/or approve a 2022 anticipated Council Meeting schedule with proposed cancellations and/or additional meetings.

Item A.3. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

A.4. 2020 Sewer & Storm Drain Rehabilitation Project. (File 1040-26) Recommendation: That the City Council

1. Adopt Resolution 2022-005:
a. Authorizing the City Council to accept, as complete, the 2020 Sewer & Storm Drain Rehabilitation Project, Bid No. 2020-01, performed by Southwest Pipeline & Trenchless Corporation.
b. Approving a change order in the amount of $38,759 with Southwest Pipeline and authorizing the City Manager to execute the change order. c. Authorizing an appropriation of $14,487 to the project budget unit from the General Fund.
d. Authorizing the City Treasurer to amend the Fiscal Year 2021/22 Adopted Budget accordingly.
e. Authorizing the City Clerk to file a Notice of Completion.

Item A.4. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

A.5. Successor Agency Recognized Obligation Payment Schedule (ROPS) 2022- 23 and Administrative Budget. (File 0115-30)
Recommendation: That the Successor Agency

1. Receive the Successor Agency’s enforceable obligations payment information and administrative budget for the period July 1, 2022 to June 30, 2023.

2. Adopt Resolution SA-029 approving the SA Administrative Budget for July 1, 2022 to June 30, 2023.

3. Adopt Resolution SA-030 approving the ROPS 22-23 for July 1, 2022 to June 30, 2023.

Item A.5. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

Solana Beach City Council Regular Meeting Agenda January 12, 2022 Page 5 of 9 A.6. Community Development Block Grant – Corona Virus (CDBG-CV) Funding for Community Resource Center’s Food and Nutrition Center Program. (File 0390-32)
Recommendation: That the City Council

1. Adopt Resolution 2022-002:
a. Approving the funding allocation of $29,715 from the CDBG-CV Fund to Community Resource Center to administer the Food and Nutrition Center Program to benefit Solana Beach residents impacted by the Coronavirus pandemic.
b. Authorizing the City Manager to submit an application and any other necessary documents to the County to approve the Food and Nutrition Center Program as an authorized use of CDBG-CV funding and get reimbursement.
c. Authorizing the City Manager to execute a contract with the County for management and implementation of the CDBG-CV program and such other agreements, memoranda of understanding and documents related thereto.
d. After the contract with the County is executed, authorizing the City Manager to execute an agreement with the Community Resource Center in the amount of $29,715 to administer the Food and Nutrition Center Program.

Item A.6. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

A.7. EDCO Franchise Agreement Amendment. (File 1030-15) Recommendation: That the City Council

1. Adopt Resolution 2022-004 approving Amendment 1 to the EDCO Franchise Agreement to address State organics recycling mandates.

Item A.7. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

A.8. State Parks Grant Application for Beach Restoration and Shoreline Erosion. (File 0610-12)
Recommendation: That the City Council

1. Adopt Resolution 2022-001 authorizing submittal of a Grant application to the State of California Department of Parks and Recreation, Division of Boating and Waterways and authorize the City Manager to act on behalf of the City of Solana Beach, in consultation with the City Attorney, to negotiate and execute all agreements and amendments necessary to comply with the State Parks, Division of Boating and Waterways grant requirements.

Item A.8. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

Solana Beach City Council Regular Meeting Agenda January 12, 2022 Page 6 of 9 A.9. Local Emergency Teleconferencing. (File 0240-25)
Recommendation: That the City Council

1. Adopt Resolution 2022-008 authorizing remote teleconference meetings of the legislative bodies of the City for the period of January 12, 2022 through February 11, 2022 pursuant to the new provisions of the Brown Act.

Item A.9. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

D. PUBLIC HEARINGS: (D.1.)
Note to Public: Refer to Public Participation for information on how to submit public comment.

D.1. Redistricting Process. (File 0430-60)
Recommendation: That the City Council

1. Receive Staff Report.

2. Conduct second public hearing.

3. Review submitted draft maps; and/or

4. Provide instructions to demographic consultant.

Item D.1. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

B. PUBLIC HEARINGS: (B.1. – B.2.)
Note to Public: Refer to Public Participation for information on how to submit public comment.

An applicant or designee(s) for a private development/business project, for which the public hearing is being held, is allotted a total of fifteen minutes to speak, as per SBMC 2.04.210. A portion of the fifteen minutes may be saved to respond to those who speak in opposition. All other speakers have three minutes each.

After considering all of the evidence, including written materials and oral testimony, the City Council must make a decision supported by findings and the findings must be supported by substantial evidence in the record.

Solana Beach City Council Regular Meeting Agenda January 12, 2022 Page 7 of 9 B.1. Public Hearing Continued: 211 Ocean St., Applicant: Blakely, Case: DRP21- 004/ SDP21-004. (File 0600-40)
The proposed project meets the minimum zoning requirements under the SBMC, may be found to be consistent with the General Plan and may be found, as conditioned, to meet the discretionary findings required as discussed in this report to approve a DRP and SDP. Therefore, Staff recommends that the City Council:

1. Conduct the continued Public Hearing: Report Council Disclosures, Receive Public Testimony, and Close the Public Hearing.

2. Find the project exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and

3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2021-128 conditionally approving a DRP and SDP to demolish a single-family residence, construct a replacement two-story, single-family residence with an attached two-car garage, and perform associated site improvements at 211 Ocean Street, Solana Beach.

Item B.1. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

B.2. Public Hearing: 135 S. Sierra Ave., Applicant: Las Brisas Homeowners Association, Case: DRP21-012, SDP21-014. (File 0600-40) The proposed project meets the minimum zoning requirements under the SBMC, may be found to be consistent with the General Plan and may be found, as conditioned, to meet the discretionary findings required as discussed in this report to approve a DRP and SDP. Therefore, Staff recommends that the City Council:

1. Conduct the Public Hearing: Open the Public Hearing, Report Council Disclosures, Receive Public Testimony, and Close the Public Hearing.

2. Find the project exempt from the California Environmental Quality Act pursuant to Section 15303 of the State CEQA Guidelines; and

3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2022-007 conditionally approving a DRP and SDP to add an elevator to an existing multi-family residential development at 135 S. Sierra Avenue, Solana Beach.

Item B.2. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

C. STAFF REPORTS: (C.1.)
Note to Public: Refer to Public Participation for information on how to submit public comment.

Solana Beach City Council Regular Meeting Agenda January 12, 2022 Page 8 of 9 C.1. Council Boards, Committees, & Commissions Mid-Term Review. (File 0410-05) Recommendation: That the City Council

1. Review the Regional Boards/Commissions/Committees and make alternate appointments, if necessary.

2. Review Council Standing Committees and make alternate appointments, if necessary.

Item C.1. Report (click here)
Posted Reports & Supplemental Docs contain records up to the cut off time, prior to the start of the meeting, for processing new submittals. The final official record containing handouts, PowerPoints, etc. can be obtained through a Records Request to the City Clerk’s Office.

WORK PLAN COMMENTS:

Adopted June 23, 2021
COMPENSATION & REIMBURSEMENT DISCLOSURE:

GC: Article 2.3. Compensation: 53232.3. (a) Reimbursable expenses shall include, but not be limited to, meals, lodging, and travel. 53232.3 (d) Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency “City” at the next regular meeting of the legislative body.

COUNCIL COMMITTEE REPORTS: Council Committees
REGIONAL COMMITTEES: (outside agencies, appointed by this Council) a. City Selection Committee (meets twice a year) Primary-Heebner, Alternate-Edson b. Clean Energy Alliance (CEA) JPA: Primary-Becker, Alternate-Zito c. County Service Area 17: Primary- Harless, Alternate-Edson d. Escondido Creek Watershed Authority: Becker /Staff (no alternate). e. League of Ca. Cities’ San Diego County Executive Committee: Primary-Becker, AlternateHarless. Subcommittees determined by its members. f. League of Ca. Cities’ Local Legislative Committee: Primary-Harless, Alternate-Becker g. League of Ca. Cities’ Coastal Cities Issues Group (CCIG): Primary-Becker, AlternateHarless h. North County Dispatch JPA: Primary-Harless, Alternate-Becker i. North County Transit District: Primary-Edson, Alternate-Harless j. Regional Solid Waste Association (RSWA): Primary-Harless, Alternate-Zito k. SANDAG: Primary-Heebner, 1
st Alternate-Zito, 2nd Alternate-Edson. Subcommittees
determined by its members.
l. SANDAG Shoreline Preservation Committee: Primary-Becker, Alternate-Zito m. San Dieguito River Valley JPA: Primary-Harless, Alternate-Becker n. San Elijo JPA: Primary-Zito, Primary-Becker, Alternate-City Manager o. 22nd Agricultural District Association Community Relations Committee: Primary-Edson, Primary-Heebner
STANDING COMMITTEES: (All Primary Members) (Permanent Committees) a. Business Liaison Committee – Zito, Edson.
b. Fire Dept. Management Governance & Organizational Evaluation – Harless, Edson c. Highway 101 / Cedros Ave. Development Committee – Edson, Heebner d. Parks and Recreation Committee – Zito, Harless
e. Public Arts Committee – Edson, Heebner
f. School Relations Committee – Becker, Harless
g. Solana Beach-Del Mar Relations Committee – Heebner, Edson

CITIZEN COMMISSION(S)
a. Climate Action Commission: Primary-Zito, Alternate-Becker Solana Beach City Council Regular Meeting Agenda January 12, 2022 Page 9 of 9 ADJOURN:

Next Regularly Scheduled Meeting is January 26, 2022
Always refer the City’s website Event Calendar for Special Meetings or an updated schedule.

Or Contact City Hall 858-720-2400
www.cityofsolanabeach.org

AFFIDAVIT OF POSTING

STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

CITY OF SOLANA BEACH
§
I, Angela Ivey, City Clerk of the City of Solana Beach, do hereby certify that this Agenda for the January 12, 2022 Council Meeting was called by City Council, Successor Agency to the Redevelopment Agency, Public Financing Authority, and the Housing Authority of the City of Solana Beach, California, was provided and posted on January 5, 2022 at 3:00 p.m. on the City Bulletin Board at the entrance to the City Council Chambers. Said meeting is held at 6:00 p.m., January 12, 2022, in the Council Chambers, at City Hall, 635 S. Highway 101, Solana Beach, California.

Angela Ivey, City Clerk * City of Solana Beach, CA
CITIZEN CITY COMMISSION AND COMMITTEE MEETINGS:

Regularly Scheduled, or Special Meetings that have been announced, are posted on each Citizen Commission’s Agenda webpage. See the Citizen Commission’s Agenda webpages or the City’s Events Calendar for updates.
o Budget & Finance Commission
o Climate Action Commission
o Parks & Recreation Commission
o Public Arts Commission
o View Assessment Commission
CITY COUNCIL ACTION: ____________________________________________________ _________________________________________________________________________ AGENDA ITEM # A.1.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: January 12, 2022
ORIGINATING DEPT: Finance
SUBJECT: Register of Demands
BACKGROUND:

Section 3.04.020 of the Solana Beach Municipal Code requires that the City Council ratify a register of demands which represents all financial demands made upon the City for the applicable period.

DISCUSSION:

Staff certifies that the register of demands has been reviewed for accuracy, that funds are available to pay the above demands, and that the demands comply with the adopted budget.

CEQA COMPLIANCE STATEMENT:

Not a project as defined by CEQA.

Register of Demands- 11/06/21 through 12/17/21
Check Register-Disbursement Fund (Attachment 1) $ 2,578,463.04 Council Payroll November 11, 2021 4,717.26
Federal & State Taxes November 11, 2021 396.38
Net Payroll November 12, 2021 171,558.77
Federal & State Taxes November 12, 2021 48,833.69
Net Payroll November 26, 2021 204,956.37
Federal & State Taxes November 26, 2021 58,689.31
Retirement Payroll December 1, 2021 4,354.00
Council Payroll December 9, 2021 4,717.27
Federal & State Taxes December 9, 2021 396.38
Net Payroll December 10, 2021 207,871.21
Federal & State Taxes December 10, 2021 70,512.52
TOTAL $ 3,355,466.20
January 12, 2022
Register of Demands

Page 2 of 2 ends

FISCAL IMPACT:

The register of demands for November 6, 2021 through December 17, 2021 reflects total expenditures of $3,355,466.20 from various City sources.

WORK PLAN:

N/A
OPTIONS:
 Ratify the register of demands.
 Do not ratify and provide direction.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council ratify the above register of demands.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
________________________
Gregory Wade, City Manager
Attachments:

1. Check Register – Disbursement Fund
Page: 1 of 19
City of Solana Beach
Register of Demands
11/6/2021 - 12/17/2021
Department
Vendor Description
Check/EFT
Number Amount
100 - GENERAL FUND
PREFERRED BENEFIT INS ADMIN INC. DENTAL NOV 21 100930 $2,784.70 PREFERRED BENEFIT INS ADMIN INC. DENTAL NOV 21 100930 ($85.80) PREFERRED BENEFIT INS ADMIN INC. DENTAL NOV 21 100930 ($34.10) ICMA PLAN 302817 ICMA PD 11/10/21 9000372 $6,536.20
ICMA PLAN 302817 PLAN NUMBER: 302817 9000372 $13,319.72 ICMA PLAN 302817 PLAN NUMBER: 302817 9000381 $12,168.76 ICMA PLAN 302817 PD 12/09/21 ICMA 9000384 $6,536.20
ICMA PLAN 302817 PD 12/10/21 9000384 $9,569.48
SOLANA BEACH FIREFIGHTERS ASSOC FD DUES PD 11/12/21 9000376 $813.50 US BANK CALCARD CHG-BAVIN 100986 $90.18
US BANK CALCARD CHG-BAVIN 100987 $14.06
US BANK CALCARD CHG-BAVIN 100987 $50.83
US BANK CALCARD CHG-BAVIN 100987 $11.90
US BANK CPRS-WENGER-03/2022 100986 $455.00
US BANK LCCC CONF-BECKER 100865 ($475.00)
US BANK LCCC CONF-G WADE 100865 ($475.00)
US BANK MISAC CONF-MANRIQUEZ 100744 $650.00
US BANK PRIME MEMBERSHIP 100744 ($128.22)
LEGAL SHIELD CORP PPD LEFAL-OCT 21 100752 $38.85
LEGAL SHIELD CORP PPD LEGAL-NOV 21 100883 $38.85
AFLAC OCTOBER 21 100741 $803.86
AFLAC NOVEMBER 21 100858 $803.86
SAN DIEGO COUNTY SHERIFF'S DEPT. CR TOW FEE-AUG 100788 ($54.71) SAN DIEGO COUNTY SHERIFF'S DEPT. CR TOW FEE/STAFF-SEP 101008 ($273.55) ICMA RHS 801939 PLAN NUMBER: 801939 9000373 $2,140.68
ICMA RHS 801939 PLAN NUMBER: 801939 9000382 $2,138.02
ICMA RHS 801939 PD 12/10/21 ICMA 9000385 $2,254.85
SUN LIFE FINANCIAL SEP 21 LTD 9000379 $1,775.28
SUN LIFE FINANCIAL SEP 21 LIFE&ADD INS 9000379 $1,501.21 SUN LIFE FINANCIAL SEP 21 SUPP LIFE INS 9000379 $283.65 SUN LIFE FINANCIAL OCT 21 LIFE&ADD INS 9000379 $1,251.20 SUN LIFE FINANCIAL OCT 21 SUPP LIFE INS 9000379 $283.65 SUN LIFE FINANCIAL OCT 21 LTD 9000379 $1,524.92
SUN LIFE FINANCIAL NOV 21 LIFE&ADD INS 9000379 $1,275.81 SUN LIFE FINANCIAL NOV 21 SUPP LIFE INS 9000379 $283.65 SUN LIFE FINANCIAL NOV 21 LTD 9000379 $1,524.92
MEDICAL EYE SERVICES VISION NOV 21 100924 $448.34
MEDICAL EYE SERVICES VISION NOV 21 100924 $20.33
MEDICAL EYE SERVICES VISION NOV 21 100924 $11.29
Page: 2 of 19
MEDICAL EYE SERVICES VISION NOV 21 100924 $11.29
MEDICAL EYE SERVICES VISION NOV 21 100924 $11.29
ALL CITY MANAGEMENT SERVICES, INC Crossing Guards-09/19/21-10/02/21 9000371 $6,650.92 ALL CITY MANAGEMENT SERVICES, INC Crossing Guards-09/05/21-09/18/21 9000371 $5,806.89 ALL CITY MANAGEMENT SERVICES, INC Crossing Guards-08/22/21-09/04/21 9000371 $6,313.31 ALL CITY MANAGEMENT SERVICES, INC Crossing Guards-10/03/21-10/16/21 9000371 $6,313.31 KELLY WEBSTER RFND-FCCC 11/20/21 100997 $500.00
TOTAL GENERAL FUND $95,484.38
1005150 - CITY CLERK
US BANK MINUTE TRANSCRIPTION-09/22 MTG 100987 $20.75
US BANK MINUTE TRANSCRIPTION-10/13 MTG 100987 $31.75
US BANK COUNCIL CUPS 100986 $233.58
US BANK TRANSCRIPTION-MTG 08/25 100865 $69.25
US BANK TRANSCRIPTION-MTG 09/08 100865 $24.00
US BANK COSB STAMP 100865 $19.95
US BANK MTG TRANSCRIPTION-07/14 100744 $25.50
US BANK STAMP 100744 $19.95
US BANK MTG TRANSCRIPTION-06/23 100744 $36.25
US BANK STAMP 100744 $32.02
US BANK RECORD FEE-EASEMENT 100744 $0.74
US BANK RECORD FEE-EASEMENT 100744 $6.30
UT SAN DIEGO - NRTH COUNTY ORD 515-AMEND 100905 $75.14
UT SAN DIEGO - NRTH COUNTY ORD 520 AMEND 100905 $75.14
UT SAN DIEGO - NRTH COUNTY ORD 520-AMEND 2 100905 $75.14 UT SAN DIEGO - NRTH COUNTY ORD 517 AMEND 101021 $75.14
UT SAN DIEGO - NRTH COUNTY INTR0 ORD 518 100905 $86.00
UT SAN DIEGO - NRTH COUNTY ORD 521 INTRO 100905 $91.43
UT SAN DIEGO - NRTH COUNTY ORD 519 AMEND 100905 $75.14
UT SAN DIEGO - NRTH COUNTY ORD 519 ADOPT 2 100905 $75.14 ROBERT HALF FRONT DESK COVERAGE WK END 11/26/21 101005 $1,096.47 GRANICUS INC FY 22 DISCLOSURE DOCS SUBSCRIPTION 100777 $3,355.87 TOTAL CITY CLERK $5,600.65
1005200 - CITY MANAGER
US BANK SPANISH TRANSLATION 100986 $60.00
US BANK LA TIMES SUB 100987 $51.87
KEYSER MARSTON ASSOCIATES, INC PROF SVC-OCT 100751 $490.00 EMANUELS JONES AND ASSOCIATES PROF SVC-NOV 21 100749 $2,575.00 EMANUELS JONES AND ASSOCIATES EMANUELS JONES & ASSOCIATES 100919 $2,500.00 TOTAL CITY MANAGER $5,676.87
1005250 - LEGAL SERVICES
NIELSEN MERKSAMER REDSTRCT PROF SVC-SEP 100888 $6,710.00 NIELSEN MERKSAMER REDSTRCT PROF SVC-OCT 100888 $9,456.50 BURKE WILLIAMS & SORENSEN 96-0033-PROF SVC-SEP 100864 $2,100.00 BURKE WILLIAMS & SORENSEN 96-0038-PROF SVC-SEP 100864 $7,000.00 BURKE WILLIAMS & SORENSEN RETAIN-SEP 100864 $11,250.00
BURKE WILLIAMS & SORENSEN 96-0001-PROF SVC-SEP 100864 $6,494.50 BURKE WILLIAMS & SORENSEN 96-0001.003-PROF SVC-SEP 100864 $1,700.00 Page: 3 of 19
BURKE WILLIAMS & SORENSEN 96-0014-PROF SVC-SEP 100864 $1,760.00 BURKE WILLIAMS & SORENSEN 96-0019-PROF SVC-SEP 100864 $1,600.00 BURKE WILLIAMS & SORENSEN 96-0029-PROF SVC-SEP 100864 $220.00 TOTAL LEGAL SERVICES $48,291.00
1005300 - FINANCE
HDL-HINDERLITER, DE LLAMAS & ASSOC Q2/2021-OCT-DEC 2021 100996 $5,123.67 STAPLES CONTRACT & COMMERCIAL 2951198331/2953183861/2962438721/2963274361 101015 $58.69 STAPLES CONTRACT & COMMERCIAL 2951198331/2953183861/2962438721/2963274361 101015 $167.85 STAPLES CONTRACT & COMMERCIAL 2951198331/2953183861/2962438721/2963274361 101015 $78.65 US BANK TAX SEMINAR-SMITH 100986 $410.00
KOPPEL & GRUBER PUBLIC FINANCE BENEFIT FEE ASSESSMENT DISTRICTS ADMIN-JUL-SEPT 100922 $554.98 LANCE,SOLL & LUNGHARD, LLP FY21 AUDIT SCV 100780 $11,628.20 LANCE,SOLL & LUNGHARD, LLP FY21 AUDIT SVC 100998 $5,814.10 XEROX CORPORATION XEROX-CLERK 100908 $83.37
XEROX CORPORATION XEROX-CLERK 101026 $49.80
SUPERIOR PRESS BANK DEPOSIT SLIP FORMS 100900 $158.51
TOTAL FINANCE $24,127.82
1005350 - SUPPORT SERVICES
STAPLES CONTRACT & COMMERCIAL 2951198331/2953183861/2962438721/2963274361 101015 ($39.86) STAPLES CONTRACT & COMMERCIAL 2951198331/2953183861/2962438721/2963274361 101015 $40.47 XEROX CORPORATION XEROX-CLERK 100908 $271.68
XEROX CORPORATION XEROX-PLANNING 100908 $118.76
XEROX CORPORATION XEROX-PLANNING 100908 $546.78
XEROX CORPORATION XEROX-UPSTAIRS 100908 $82.13
XEROX CORPORATION XEROX-UPSTAIRS 100908 $298.25
XEROX CORPORATION PLANNING-FIERY 100908 $132.61
XEROX CORPORATION UPSTAIRS-FIERY 100908 $132.61
XEROX CORPORATION CLERK-FIERY 100908 $122.84
XEROX CORPORATION XEROX-UPSTAIRS 101026 $49.75
XEROX CORPORATION XEROX-UPSTAIRS 101026 $298.25
XEROX CORPORATION XEROX-CLERK 101026 $271.68
XEROX CORPORATION XEROX-PLANNING 101026 $29.07
XEROX CORPORATION XEROX-PLANNING 101026 $546.78
XEROX CORPORATION XEROX-FIERY-PLN 101026 $132.61
XEROX CORPORATION XEROX-FIERY-UPSTAIRS 101026 $132.61
XEROX CORPORATION XEROX-FIERY-CLERK 101026 $122.84
JENNIFER REED ADMIN SVC-OCT 9000374 $139.75
JENNIFER REED ADMIN SVC-NOV 9000390 $68.25
TOTAL SUPPORT SERVICES $3,497.86
1005400 - HUMAN RESOURCES
SHARP REES-STEALY MEDICAL CTRS INC PRE-EMPLOYMENT SCREEN 100791 $269.00 SHARP REES-STEALY MEDICAL CTRS INC PRE-EMPLOYMENT SCREEN 100934 $109.00 SAN DIEGUITO TROPHY ANNIVERSARY PLAQUES 101010 $276.56
US BANK TONER 100986 $159.23
US BANK OPEN ENROLLMENT BFAST 100865 $149.19
US BANK GET WELL GIFT 100744 $121.95
POUNEH SAMMAK RFND-GIFT CARDS/PANEL MEMBERS 101002 $60.00 Page: 4 of 19
EMPLOYMENT DEVELOPMENT DEPARTMENT SUI PE 09/30/21 100801 $722.06 WAGEWORKS FSA ADMIN-NOV 100939 $134.00
WAGEWORKS CAA AMENDMENT FEE-MAY 101023 $100.00
WAGEWORKS FSA ADMIN-JUN 101023 $128.75
WAGEWORKS FSA ADMIN-AUG 101023 $128.75
WAGEWORKS FSA ASMIN-SEP 101023 $134.00
RYAN PESTER GEN PSYCHLGY/PRINC FIRE & EMRGNCY SRVC-PESTER 100933 $705.00 MEDICAL EYE SERVICES VISION NOV 21 100924 ($0.21)
CHARLES MEAD STRTGC PLNNG/CORP FINANCE-MEAD 100923 $1,950.00 PRIMO INVESTIGATIONS BCKGRND CHK-PW OPS MNGR 100931 $375.00 ANDA WRIGHT PROF ENGINEERING LICENSE-WRIGHT 100912 $1,988.96 DANIEL WELTE D WELTE LIVESCAN 100990 $57.00
KIMBERLY POWERS 2021 EE APPRECIATION LUNCHEON PHOTO BOOTH 100909 $500.00 TOTAL HUMAN RESOURCES $8,068.24
1005450 - INFORMATION SERVICES
COX COMMUNICATIONS INC 13410039730701-10/19-11/18 100746 $114.17 COX COMMUNICATIONS INC 0013410116811601-11/06-12/05 100989 $67.39 COX COMMUNICATIONS INC 0013410039730701-11/19-12/18 100989 $310.66 US BANK HOSTING DOMAINS-SEP 100987 $9.95
US BANK CONSTANT CONTACT-OCT 100987 $55.00
US BANK AT&T INTERNET-8/18-9/17 100865 $53.50
US BANK HOSTING DOMAINS-AUG 100865 $9.95
US BANK STEP STOOL 100865 $45.24
US BANK KEYBOARD/MOUSE 100865 $31.13
US BANK CONSTANT CONTACT-SEP 100865 $55.00
US BANK AT&T-301097995 07/18-08/17 100744 $53.50
US BANK PRINTER 100744 $160.33
US BANK WIRELESS ACCESS POINT 100744 $149.78
US BANK 3 WEBCAMS/1 HEADSET 100744 $341.51
US BANK WEBCAM STAND 100744 $13.79
US BANK CONF MICROPHONE 100744 $35.55
US BANK CABLE TOOLS 100744 $21.54
US BANK HDMI TO VGA ADAPTER 100744 $25.83
US BANK CLOUD WIFI 100744 $106.68
US BANK BATTERIES 100744 $32.86
US BANK STORAGE/TOTES/ 100744 $171.08
US BANK LAPTOP CHARGER 100744 $27.96
US BANK ZIP LOCK BAGS 100744 $23.69
US BANK MISAC MMBRSHP-MANRIQUEZ 100744 $130.00
US BANK 2 KEYBOARD 100744 $129.28
US BANK SYMPATHY FLOWERS 100744 $107.58
US BANK E-WASTE REMOVAL 100744 $385.00
US BANK HOSTING DOMAINS-JUL 100744 $9.95
US BANK CONSTANT CONTACT-AUG 100744 $55.00
VERIZON WIRELESS-SD 670601022-10/24-11/23 101022 $152.04 GOLDEN TELECOM, INC. MS-PHONE MAINT 100881 $227.15
WESTERN AUDIO VISUAL CHAMBERS TECH-NOV 100799 $499.00
AT&T CALNET 3 9391012282-10/24-11/23 100984 $21.47
Page: 5 of 19
AT&T CALNET 3 9391053641-10/24-11/23 100984 $166.16
AT&T CALNET 3 9391062899-10/24-11/23 100984 $166.16
AT&T CALNET 3 9391012278-10/24-11/23 100984 $3,041.55
AT&T CALNET 3 9391012282-09/24-10/23 100984 $21.72
AT&T CALNET 3 9391053641-09/24-10/23 100984 $166.16
AT&T CALNET 3 9391012278-09/24-10/24 100984 $3,013.64
AT&T CALNET 3 9391062899-09/24-10/24 100984 $166.16
MANAGED SOLUTION PROF SVC-OCT 100782 $900.00
MANAGED SOLUTION PROF SVC-OCT 100782 $1,275.30
MANAGED SOLUTION PROF SVC-OCT 100782 $416.25
FISHER INTEGRATED, INC. COUNCIL WEB STRM-SEP 100750 $800.00 TOTAL INFORMATION SERVICES $13,765.66
1005550 - PLANNING
US BANK BUSINESS CARDS-DELMER/YIM 100744 $74.33
UT SAN DIEGO - NRTH COUNTY PUB NTC-2021-29 HOUSING ELMNT UPDATE 100795 $86.00 UT SAN DIEGO - NRTH COUNTY PUB HRNG-DRP21-008/SDP21-0009 101021 $393.29 UT SAN DIEGO - NRTH COUNTY PUB HRNG-DRP21-004/SDP21-0004 100937 $448.87 COUNTY OF SAN DIEGO ASSESOR/RECORDR MAP FEE-11/01/21 100871 $2.00 1 STOP TONER & INKJET, LLC TONER 100928 $94.19
TOTAL PLANNING $1,098.68
1005560 - BUILDING SERVICES
DEL MAR BLUE PRINT COMPANY, INC. LOT SCAN 100874 $433.04 ESGIL CORPORATION BLDG PRMT-SEPT 100776 $52,893.00
ESGIL CORPORATION BLDG PRMT-OCT 100994 $21,802.04
TOTAL BUILDING SERVICES $75,128.08
1005590 - PARKING ENFORCEMENT
US BANK BELT/PANT/SHIRT-WELTE 100986 $348.53
DATATICKET INC. FY21 PARKING TCKT ADMIN-MAR 100773 $393.48 DATATICKET INC. FY22 PARKING TICKET ADMIN-JULY 100773 $545.18 DATATICKET INC. FY22 PARKING TICKET ADMIN-SEPT 100773 $781.78 DATATICKET INC. FY22 PARKING TICKET PROCESSING-OCT 100917 $120.00 DATATICKET INC. PARKING TICKET ADMIN-OCT 100917 $410.52 VERIZON WIRELESS-SD FY22 CODE COMPLIANCE PHONE/IPAD 100760 $141.31 VERIZON WIRELESS-SD 442224168-10/24-11/23 101022 $141.31 BILL SMITH FOREIGN CAR SERVICE INC RANGER-RADIATOR REPLACE 100861 $1,712.91 1 STOP TONER & INKJET, LLC TONER-PLN 101001 $72.64
WEX FLEET UNIVERSAL AUTO FUEL-09/08-10/07 100762 $159.42 WEX FLEET UNIVERSAL AUTO FUEL-10/08-11/07 100762 $160.35 WEX FLEET UNIVERSAL AUTO FUEL-11/08-12/07 101025 $170.27 TOTAL PARKING ENFORCEMENT $5,157.70
1006110 - LAW ENFORCEMENT
SAN DIEGO COUNTY SHERIFF'S DEPT. FY22 CAL ID Q1 & Q2 100754 $1,262.00 SAN DIEGO COUNTY SHERIFF'S DEPT. LAW ENFORCEMENT-AUG 100788 $390,625.33 SAN DIEGO COUNTY SHERIFF'S DEPT. STAFF CR: 08/01-08/31 100788 ($4,025.58) SAN DIEGO COUNTY SHERIFF'S DEPT. SB OVERTIME-AUG 100788 $430.11 SAN DIEGO COUNTY SHERIFF'S DEPT. LAW ENFORCEMENT-SEP 101008 $390,625.34 SAN DIEGO COUNTY SHERIFF'S DEPT. CR TOW FEE/STAFF-SEP 101008 ($3,895.73) Page: 6 of 19
TOTAL LAW ENFORCEMENT $775,021.47
1006120 - FIRE DEPARTMENT
SANTA FE IRRIGATION DISTRICT 005512-000-09/02-11/01 100894 $606.52 US BANK DISHWASHER PODS/WAX 100986 $85.02
US BANK CHARGER 100987 $17.21
US BANK CLEANER/THERMOMETORS 100986 $108.94
US BANK DETERGENT/BLEANER/TWLS 100986 $299.25
US BANK HEADSET MAINT 100986 $389.45
US BANK HEADSET MAINT SHIPPING 100987 $11.59
US BANK RESCUE TOOL 100986 $671.02
US BANK TRAFFIC CONES (5) 100865 $50.16
US BANK KAY RINGS/TAGS/HOOKS 100865 $50.61
US BANK BAG PULLS 100865 $10.76
US BANK HEAD LAMP/LIGHTER CAP/DRILL BIT 100865 $192.50
US BANK KEY IDNTFR/SCREWS/LINKS 100865 $43.37
US BANK IPHONE PROTECTORS 100865 $50.62
US BANK CAST IRON CLEANER 100865 $30.11
US BANK TOILET CLEANER 100865 $36.02
US BANK BAGS/DETERGENT/CLNR/TWLS 100865 $330.13
US BANK CALCHIEFS CONF-FORD 100865 $500.00
US BANK TRAINING SUPPLIES 100865 $1,073.54
US BANK WATER BOTTLES 100744 $5.45
US BANK DISINFECTING SPRAY 100744 $64.64
US BANK SPRAY BOTTLE/LIGHT BULB 100744 $22.32
US BANK DISHWASHER SHELF 100744 $51.13
US BANK FIRE WEATHER METER 100744 $199.00
US BANK ORGANIZER/ZIP TIES/SHOWER HEAD 100744 $98.25
ACE UNIFORMS & ACCESSORIES BOOTS-MOGAN 100856 $357.21
ACE UNIFORMS & ACCESSORIES PANTS/BOOTS-STYERS 100856 $454.62 VERIZON WIRELESS-SD 962428212-09/29-10/28 100906 $618.01 FIRE ETC. BOOTS-TOTH 100878 $537.20
REGIONAL COMMS SYS, MS 056 - RCS CAP CODE-OCT 100892 $32.50 FIRE STATS, LLC FIRE DATA-JUL21-AUG21/SEP21 100879 $306.00 FIRE STATS, LLC FIRE DATA-JUL21-AUG21/SEP21 100879 $212.50 BLUE CARD-ACROSS THE STREET PRODCTN RECORD MNGMNT RENEWAL 21 100862 $172.80 AT&T CALNET 3 9391012280-09/24-10/23 100859 $1,066.53
AT&T CALNET 3 9391059865-10/01-10/31 100859 $395.63
WEX BANK AUTO FUEL/CR EXEMPT TAX-OCT 100907 $1,514.55
WEX BANK AUTO FUEL/CR EXEMPT TAX-OCT 100907 ($77.69)
WEX FLEET UNIVERSAL AUTO FUEL-09/08-10/07 100762 $419.34 WEX FLEET UNIVERSAL AUTO FUEL-10/08-11/07 100762 $323.00 WEX FLEET UNIVERSAL AUTO FUEL-11/08-12/07 101025 $589.37 ROADONE INC TOWING- FIRE LADDER TRUCK 100893 $945.00
LINEGEAR FIRE & RESCUE EQUIPMENT BELT/TLK BX/RADIO HARNS/RFFN BAG-SCHMIT 100781 $580.23 LINEGEAR FIRE & RESCUE EQUIPMENT HLEMET/GLOVES-SCHMIT 100781 $134.04 TOTAL FIRE DEPARTMENT $13,578.45
1006130 - ANIMAL CONTROL
Page: 7 of 19
HABITAT PROTECTION, INC DEAD ANIMAL REMOVAL-10/28/21 100890 $145.00 SAN DIEGO HUMANE SOCIETY & S.P.C.A. SD HUMANE-NOV 100789 $7,228.00 SAN DIEGO HUMANE SOCIETY & S.P.C.A. FY22 ANIMAL SVC-OCT 101009 $7,228.00 SAN DIEGO HUMANE SOCIETY & S.P.C.A. FY22 ANIMAL SCV-DEC 101009 $7,228.00 TOTAL ANIMAL CONTROL $21,829.00
1006150 - CIVIL DEFENSE
COUNTY OF SAN DIEGO-EMERGENCY SVC FY 21/22 SD OES HIRT MMBRSHP FEE 100872 $27,269.00 COUNTY OF SAN DIEGO-EMERGENCY SVC FY22 UDC MEMBERSHIP 100872 $815.00 AT&T CALNET 3 9391012275 - 09/24-10/23 100742 $166.16
AT&T CALNET 3 9391012275-10/24-11/23 100913 $166.16
TOTAL CIVIL DEFENSE $28,416.32
1006170 - MARINE SAFETY
CAMEO PAPER & JANITORIAL SUPPLY INC TOWELS 100767 $57.10 DAY WIRELESS SYSTEMS (20) FS RADIO REPAIR 100873 $560.00 US BANK FIRE EXTINGUISHER 100987 $21.32
US BANK DETERGENT 100987 $12.38
US BANK GLOVES/POLISH 100986 $81.21
US BANK RED CROSS TRN-FRYE 100987 $23.00
US BANK TOWER MOVE LUNCH 100986 $66.71
US BANK INSTRUCTORII FEE-PENNELL 100987 $45.00
US BANK STINGRAY BAGS 100986 $63.77
US BANK FACE MASKS 100987 $22.53
US BANK PARTS-VEHICLE MAINT 100986 $679.84
US BANK USLA MEMBERSHIP DUES 100865 $30.00
US BANK ANTI FOG MASK 100865 $6.37
US BANK TANK MAINT 100865 $6.36
US BANK PRINTER INK 100865 $108.71
US BANK BOLT SNAP SWIVEL 100865 $16.13
US BANK BINOCULAR REPAIR 100865 $70.00
US BANK PORTABLE RADIO 100865 $96.97
US BANK TARP 100865 $19.92
US BANK EMR CERT RENEWAL 100865 $32.00
US BANK GRAMMARLY SUBSCRIPTION 100865 $144.00
US BANK SURF FORCASTING SUBSCRIPTION 100865 $95.88
US BANK TWR STORAGE MTG LUNCH 100865 $32.90
US BANK VHR RADIO ANTENNA 100744 $8.61
US BANK TOW STRAPS 100744 $80.79
US BANK COLD PACKS 100744 $17.18
US BANK GLASS CLEANER 100744 $11.84
US BANK DISHWASHER DETERGENT 100744 $15.07
US BANK AMERICAN FLAG 100744 $12.92
US BANK 2 BUNGEE STABILIZER 100744 $65.25
US BANK STORAGE BINS 100744 $89.66
US BANK BINDER/WHITE OUT 100744 $13.45
US BANK LUGGAGE STRAP 100744 $5.32
US BANK BUNGEE CORDS 100744 $9.69
US BANK WOOD GLUE 100744 $4.30
Page: 8 of 19
CULLIGAN OF SAN DIEGO DRINKING WATER SVC-NOV 100772 $48.83 VERIZON WIRELESS-SD 962428212-09/29-10/28 100906 $152.04 WEX FLEET UNIVERSAL AUTO FUEL-09/08-10/07 100762 $962.69 WEX FLEET UNIVERSAL AUTO FUEL-10/08-11/07 100762 $589.56 WEX FLEET UNIVERSAL AUTO FUEL-11/08-12/07 101025 $684.40 TOTAL MARINE SAFETY $5,063.70
1006510 - ENGINEERING
US BANK COUNTY MAP FEE 100744 $12.00
UT SAN DIEGO - NRTH COUNTY PUB HRNG-FY23 CMMNTY BLCK GRNT 100795 $302.87 VERIZON WIRELESS-SD 362455526-10/02-11/01 100906 $18.11 UNDERGROUND SVC ALERT OF SOCAL INC DIG ALERT-NOV 100794 $117.25 UNDERGROUND SVC ALERT OF SOCAL INC CA ST REGLRTY-NOV 100794 $54.29 UNDERGROUND SVC ALERT OF SOCAL INC CA ST REGLRTY-NOV 101018 $54.29 UNDERGROUND SVC ALERT OF SOCAL INC DIG ALERT-NOV 101018 $67.75 WEX FLEET UNIVERSAL AUTO FUEL-09/08-10/07 100762 $155.20 WEX FLEET UNIVERSAL AUTO FUEL-10/08-11/07 100762 $158.26 WEX FLEET UNIVERSAL AUTO FUEL-11/08-12/07 101025 $141.69 TOTAL ENGINEERING $1,081.71
1006520 - ENVIRONMENTAL SERVICES
MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100785 $12.57 MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100785 $12.57 MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100885 $12.57 MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100885 $12.57 MISSION LINEN & UNIFORM INC LAUNDRY PUB WORKS 100926 $12.57 AFFORDABLE PIPELINE SERVICES INC H-STORM DRAIN MAINT 100911 $1,140.00 AFFORDABLE PIPELINE SERVICES INC K-STORM DRAIN MAINT 100911 $1,100.00 AFFORDABLE PIPELINE SERVICES INC O-STORM DRAIN MAINT 100911 $570.00 SANTA FE IRRIGATION DISTRICT 005506-014-10/02-11/01 100756 $251.20 SANTA FE IRRIGATION DISTRICT 005506-014 11/02/21-12/01/21 101013 $189.08 US BANK PET WASTE BAGS (6) 100865 $683.20
US BANK PET WASTE BAGS (18) 100865 $1,480.29
UT SAN DIEGO - NRTH COUNTY PUB NCT-INTRO 518 100905 $360.94 MIKHAIL OGAWA ENGINEERING ASSISTANCE MANAGING STORM WATER PROGRAM 100784 $8,159.68 VERIZON WIRELESS-SD 362455526-10/02-11/01 100906 $18.11 SAN ELIJO JPA SAN ELIJO JPA 101011 $2,677.00
WEX FLEET UNIVERSAL AUTO FUEL-09/08-10/07 100762 $451.50 WEX FLEET UNIVERSAL AUTO FUEL-10/08-11/07 100762 $460.41 WEX FLEET UNIVERSAL AUTO FUEL-11/08-12/07 101025 $412.19 CLEAN EARTH ENVIROMENTAL SOLUTIONS HHW-OCT 100869 $991.28 TOTAL ENVIRONMENTAL SERVICES $19,007.73
1006530 - STREET MAINTENANCE
MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100785 $21.57 MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100785 $21.57 MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100885 $21.57 MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100885 $21.57 MISSION LINEN & UNIFORM INC LAUNDRY PUB WORKS 100926 $21.57 DIXIELINE LUMBER CO INC FLASHLIGHT/SHOVEL/RATCHET TIE DOWN 100918 $88.34 Page: 9 of 19
DIXIELINE LUMBER CO INC NUTS/WASHER 100991 $1.24
DIXIELINE LUMBER CO INC PAINT BRUSH/PAINT 100918 $20.04 SANTA FE IRRIGATION DISTRICT 001695-000-10/02-11/01 100756 $126.74 SANTA FE IRRIGATION DISTRICT 011695-000 11/02/21-12/01/21 101013 $129.20 SDG&E CO INC UTILITIES-10/01-11/08 100895 $640.75
SDG&E CO INC UTILITIES-10/01-11/08 100895 ($330.15)
SDG&E CO INC UTLITIES-08/10-11/08 100895 $921.40
SDG&E CO INC UTLITIES-08/10-11/08 100895 ($78.48)
VERIZON WIRELESS-SD 362455526-10/02-11/01 100906 $18.11 BILL SMITH FOREIGN CAR SERVICE INC F-350-OIL CHANGE 100985 $59.68 JOSE GARCIA MILEAGE-11/14/21 100882 $34.72
WEX FLEET UNIVERSAL AUTO FUEL-09/08-10/07 100762 $409.18 WEX FLEET UNIVERSAL AUTO FUEL-10/08-11/07 100762 $417.25 WEX FLEET UNIVERSAL AUTO FUEL-11/08-12/07 101025 $373.55 WEST COAST ARBORISTS, INC. TREE SERVICE-10/01-10/15 100798 $5,346.00 TOTAL STREET MAINTENANCE $8,285.42
1006540 - TRAFFIC SAFETY
SDG&E CO INC UTILITIES-10/01-11/08 100895 $492.14
SDG&E CO INC UTLITIES-08/10-11/08 100895 $1,168.21
SDG&E CO INC UTLITIES-08/10-11/08 100895 ($640.14)
DEPARTMENT OF TRANSPORTATION COST SHARE AGMT - I-5 TRAFFIC SIGNALS 100774 $366.72 DEPARTMENT OF TRANSPORTATION COST SHARE AGMT - I-5 TRAFFIC SIGNALS 100774 $483.37 REDFLEX TRAFFIC SYSTEMS, INC RED LIGHT CAMERA-OCT 9000378 $7,158.00 REDFLEX TRAFFIC SYSTEMS, INC RED LIGHT CAMERA-NOV 9000389 $7,158.00 VERIZON WIRELESS-SD 362455526-10/02-11/01 100906 $12.94 TRAFFIC SUPPLY, INC SINAGE/HYDRANT LOCATORS 100793 $400.98 TRAFFIC SUPPLY, INC SIGNAGE 100903 $133.61
AT&T CALNET 3 9391012279 - 09/24-10/23 100742 $48.00
AT&T CALNET 3 9391012278-10/24-11/23/21 100859 $47.48
ALL CITY MANAGEMENT SERVICES, INC Crossing Guards-09/19/21-10/02/21 9000371 $3,581.26 ALL CITY MANAGEMENT SERVICES, INC Crossing Guards-09/05/21-09/18/21 9000371 $3,126.79 ALL CITY MANAGEMENT SERVICES, INC Crossing Guards-08/22/21-09/04/21 9000371 $3,399.47 ALL CITY MANAGEMENT SERVICES, INC Crossing Guards-10/03/21-10/16/21 9000371 $3,399.47 SIEMENS MOBILITY, INC. TRAFFIC SIGNAL MAINT/REPAIR-SEP 100758 $953.93 SIEMENS MOBILITY, INC. TRAFFIC SIGNAL MAINT/REPAIR-SEP 100758 $1,120.00 SIEMENS MOBILITY, INC. TRAFFIC SIGNAL MAINT-OCT 100896 $1,120.00 TOTAL TRAFFIC SAFETY $33,530.23
1006550 - STREET CLEANING
SANTA FE IRRIGATION DISTRICT 001695-000-10/02-11/01 100756 $74.43 SANTA FE IRRIGATION DISTRICT 011695-000 11/02/21-12/01/21 101013 $75.88 CLEAN STREET STREET SWEEPING-OCT 100770 $3,871.45
CLEAN STREET CITY-WIDE STREET SWEEPING SERVICES 100915 $3,871.45 TOTAL STREET CLEANING $7,893.21
1006560 - PARK MAINTENANCE
MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100785 $15.28 MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100785 $15.28 MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100885 $15.28 Page: 10 of 19
MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100885 $15.28 MISSION LINEN & UNIFORM INC LAUNDRY PUB WORKS 100926 $15.28 RANCHO SANTA FE SECURITY SYS INC ALARM MONITORING-NOV 101003 $264.10 RANCHO SANTA FE SECURITY SYS INC SECURITY PATROL-NOV 101003 $611.58 RANCHO SANTA FE SECURITY SYS INC SECURITY PATROL-OCT 101003 $611.58 RANCHO SANTA FE SECURITY SYS INC ALARM MONITORING-OCT 101003 $264.10 DIXIELINE LUMBER CO INC LUMBER/STAKES 100747 $421.98
DIXIELINE LUMBER CO INC LANDSCAPE BARK 100875 $12.91
DIXIELINE LUMBER CO INC REFLECTIVE TAPE 100991 $9.29
DIXIELINE LUMBER CO INC RUSTOLEUM 100918 $13.55
DIXIELINE LUMBER CO INC OUTLET COVER/PLATE 100991 $25.48 DIXIELINE LUMBER CO INC AEROSEL DUSTER/DRILL BIT SET/DRIVER SET 100991 $103.46 DIXIELINE LUMBER CO INC PADLOCKS 100991 $41.99
SANTA FE IRRIGATION DISTRICT 005506-018-10/02-11/01 100756 $263.73 SANTA FE IRRIGATION DISTRICT 005506-019-10/02-11/01 100756 $709.47 SANTA FE IRRIGATION DISTRICT 005506-000-09/02-11/01 100756 $98.86 SANTA FE IRRIGATION DISTRICT 005506-001-09/02-11/01 100756 $74.42 SANTA FE IRRIGATION DISTRICT 005506-002-09/02-11/01 100756 $330.07 SANTA FE IRRIGATION DISTRICT 005979-001-09/02-11/01 100756 $103.54 SANTA FE IRRIGATION DISTRICT 012448-000-09/02-11/01 100756 $130.83 SANTA FE IRRIGATION DISTRICT 012448-001-09/02-11/01 100756 $82.85 SANTA FE IRRIGATION DISTRICT 005506-009-09/02-11/01 100756 $74.42 SANTA FE IRRIGATION DISTRICT 005506-010-09/02-11/01 100756 $179.85 SANTA FE IRRIGATION DISTRICT 005506-011-09/02-11/01 100756 $300.97 SANTA FE IRRIGATION DISTRICT 005506-012-09/02-11/01 100756 $1,620.17 SANTA FE IRRIGATION DISTRICT 005506-013-09/02-11/01 100756 $160.45 SANTA FE IRRIGATION DISTRICT 005506-004-09/02-11/01 100756 $74.42 SANTA FE IRRIGATION DISTRICT 005506-005-09/02-11/01 100756 $227.32 SANTA FE IRRIGATION DISTRICT 005506-006-09/02-11/01 100756 $147.89 SANTA FE IRRIGATION DISTRICT 005506-007-09/02-11/01 100756 $102.25 SANTA FE IRRIGATION DISTRICT 005506-015 09/16-11/02 100894 $233.43 SANTA FE IRRIGATION DISTRICT 005506-016 09/16-11/02 100894 $398.40 SANTA FE IRRIGATION DISTRICT 005979-003 09/16-11/02 100894 $810.15 SANTA FE IRRIGATION DISTRICT 005979-005-10/02/21-12/01/21 101013 $349.60 SANTA FE IRRIGATION DISTRICT 005506-018-11/02/21-12/01/21 101013 $193.35 SANTA FE IRRIGATION DISTRICT 005506-019-11/02/21-12/01/21 101013 $689.92 NAPA AUTO PARTS INC REFRIGERNAT DURASEAL 100886 $42.55
US BANK LCCC FLAG LIGHT 100987 $19.40
US BANK TOWING SERVICE 100744 $257.25
AA FARNSWORTH'S BACKFLOW SERVICES BACKFLOW ANNUAL TEST 100764 $355.25 AA FARNSWORTH'S BACKFLOW SERVICES BACKFLOW ANNUAL TEST 100764 $355.25 VERIZON WIRELESS-SD 362455526-10/02-11/01 100906 $25.88 NISSHO OF CALIFORNIA ANNUAL RECLAIMED WATER INSPECTION 100927 $465.00 ABEL PEREZ MILEAGE-11/26/21 100910 $7.84
BILL SMITH FOREIGN CAR SERVICE INC F-250-STARTER 100985 $414.07 SUNBELT RENTALS, INC. TILLER-LC 100899 $386.81
THE HOME DEPOT PRO LINER/CLEACH/GLOVES 100901 $959.14
WEX FLEET UNIVERSAL AUTO FUEL-09/08-10/07 100762 $84.66 Page: 11 of 19
WEX FLEET UNIVERSAL AUTO FUEL-10/08-11/07 100762 $86.32 WEX FLEET UNIVERSAL AUTO FUEL-11/08-12/07 101025 $77.28 TOTAL PARK MAINTENANCE $13,349.48
1006570 - PUBLIC FACILITIES
SEASIDE HEATING & AIR CONDITIONING HVAC MAINT-OCT-LC 100790 $120.00 SEASIDE HEATING & AIR CONDITIONING HVAC MAINT-MS-OCT 100790 $65.00 SEASIDE HEATING & AIR CONDITIONING HVAC MAINT-FS-OCT 100790 $120.00 SEASIDE HEATING & AIR CONDITIONING HVAC MAINT-FC-OCT 100790 $65.00 DSR - DOOR SERVICE & REPAIR, INC DOOR REPAIR 100992 $242.50 DIXIELINE LUMBER CO INC BRASS CAP/BRASS HOSE END 100747 $5.80 DIXIELINE LUMBER CO INC DRILL BIT/SCREWS/DRIVE HEAD 100747 $17.42 DIXIELINE LUMBER CO INC BRASS HOSE HEAD/BRASS CAP 100747 $6.86 DIXIELINE LUMBER CO INC PUMP/FAUCET 100775 $83.97
DIXIELINE LUMBER CO INC BATTERY/HEX KEY/AEROSEL DUSTER 100991 $89.52 DIXIELINE LUMBER CO INC OUTLET FACE PLATES/CABLE CONDCTR/PVC INSLT 100991 $72.87 DIXIELINE LUMBER CO INC ENTRY HARDWARE 100918 $32.18
DIXIELINE LUMBER CO INC PIPE THREADED ASSC 100918 $5.38 DIXIELINE LUMBER CO INC PLIERS/GLOVES/SOCKET ADAPTER 100918 $44.09 DIXIELINE LUMBER CO INC PAINT ROLLERS/MARKERS/PLIERS 100918 $81.31 DIXIELINE LUMBER CO INC PAINT 100918 $27.95
DIXIELINE LUMBER CO INC LIGHT PLATE 100875 $9.17
DIXIELINE LUMBER CO INC FUSE TUBE/LIGHTS 100875 $21.26
DIXIELINE LUMBER CO INC WRENCH/HOSE ENDS 100875 $28.38
DIXIELINE LUMBER CO INC GLOVES/FAUCET/DISPOSAL 100875 $191.77 DIXIELINE LUMBER CO INC O-RING/WASHER SLEEVE 100875 $4.83 DIXIELINE LUMBER CO INC BOLTS 100918 $11.92
SANTA FE IRRIGATION DISTRICT 005506-008-09/02-11/01 100756 $393.12 SDG&E CO INC UTILITIES-10/01-11/08 100895 $2,005.07
SDG&E CO INC UTILITIES-10/01-11/08 100895 ($1,302.05)
SDG&E CO INC UTLITIES-08/10-11/08 100895 $6,015.44
SDG&E CO INC UTLITIES-08/10-11/08 100895 ($2,416.90)
US BANK FRIDGE/FREEZER-PW 100744 $721.37
US BANK CITY HALL LIGHTS 100987 $36.24
US BANK TISSUE DISPENSER (4) 100865 $267.60
US BANK FRIDGE FILTER-CH 100865 $75.41
US BANK EMERGENCY BALLAST 100744 $55.65
US BANK LIGHT BULB 100744 $16.87
LALLEY CONSTRUCTION ON CALL RPR-10/29-10/31 &11/12-15 100779 $2,470.00 SAN ELIJO JPA SAN ELIJO JPA 101011 $3,528.00
SANDIEGO COUNTY-AIR POLLUTION EMISSION FEE 01/2022-01/2023 101012 $481.00 24 HOUR ELEVATOR, INC 21/22 ELEVATOR PREVENTATIVE MAINT/REPAIR 100763 $176.40 ABEL PEREZ MILEAGE- 10/30-31, 11/02 100740 $23.52
CINTAS CORPORATION NO. 2 FIRST AID SUPPLIES-CH 100868 $241.80 CINTAS CORPORATION NO. 2 FIST AID SUPPLIES-PW 100868 $72.49 CINTAS CORPORATION NO. 2 FIRST AID SUPPLIES-CH 100988 $151.46 HABITAT PROTECTION, INC PEST CONTROL-NOV-FS 100890 $40.00 HABITAT PROTECTION, INC PEST CONTROL-NOV-CH 100890 $53.00 HABITAT PROTECTION, INC PEST CONTROL/AS NEEDED-NOV-LC 100890 $64.00 Page: 12 of 19
HABITAT PROTECTION, INC PEST CONTROL/AS NEEDED-NOV-MS 100890 $63.00 HABITAT PROTECTION, INC PEST CONTROL-NOV-FC 100890 $34.00 HABITAT PROTECTION, INC PEST CONTROL-NOV-PW 100890 $34.00 VORTEX INDUSTRIES, INC REPAIR DOORS-CH 100938 $395.00
THE HOME DEPOT PRO LINER/CLEACH/GLOVES 100901 $959.14
STANDARD PLUMBING SUPPLY COMPANY AUTO FLUSH TOILETS-CH 100897 $3,519.46 STANDARD PLUMBING SUPPLY COMPANY PIPING 100897 $39.31
STANDARD PLUMBING SUPPLY COMPANY RETURN-PIPING 100897 ($33.27) WEX FLEET UNIVERSAL AUTO FUEL-09/08-10/07 100762 $141.10 WEX FLEET UNIVERSAL AUTO FUEL-10/08-11/07 100762 $143.87 WEX FLEET UNIVERSAL AUTO FUEL-11/08-12/07 101025 $128.81 READY REFRESH BY NESTLE DRINKING WATER-CH-OCT 100787 $158.29 READY REFRESH BY NESTLE DRINKING WATER-LC-OCT 100787 $40.46 READY REFRESH BY NESTLE DRINKING WATER-PW-OCT 100787 $32.83 READY REFRESH BY NESTLE DRINKING WATER-NOV-CH 101004 $167.49 READY REFRESH BY NESTLE DRINKING WATER-NOV-LC 101004 $36.96 READY REFRESH BY NESTLE DRINKING WATER-NOV-PW 101004 $5.93 SYMONS FIRE PROTECTION QTR 3 ANNL FIRE INSPECTION 100792 $690.00 GOLD STANDARD FIRE PROTECTION SEMI ANNUAL-FIRE INSPCTN/PARTS/SERVICE 100995 $187.65 TOTAL PUBLIC FACILITIES $21,260.70
1007100 - COMMUNITY SERVICES
EXTERIOR PRODUCTS INC HOLIDAY BANNERS 100920 $3,135.00
EXTERIOR PRODUCTS INC BREEDER CUP BRACKETS 100920 $522.37 TOTAL COMMUNITY SERVICES $3,657.37
1007110 - GF-RECREATION
CALIFORNIA PARK & RECREATION SOCIET CPRS MEMBERSHIP-WENGER 100866 $170.00 DEL MAR BLUE PRINT COMPANY, INC. SANTA SLEIGH POSTER 100874 $51.99 US BANK TREE LGHT-ORNAMENTS 100986 $319.67
US BANK PICKLEBALL STRAP 100987 $14.00
US BANK DIA DE-EQUIP RENTAL 100986 $225.00
US BANK PICKLEBALL GROUND ANCHOR 100865 $18.07
US BANK PRINTER 100744 $323.24
RAPHAEL'S PARTY RENTALS TREE LIGHTING EVENT-12/05/21 100891 $1,419.27 ROBERT PARKER HOLIDAY TREE LIGHTING-12/05/21 100889 $300.00 SAM CASTELLANO HOLIDAY TREE LIGHTING-12/05 100867 $675.00 STEVEN DENYES HOLIDAY TREE LIGHTING- 12/05/21 100898 $300.00 BILL SMITH FOREIGN CAR SERVICE INC DAKOTA-SMOG 100985 $35.00 CALIFORNIA OFFICE CLEANING, INC SPCL EVENT CLN-09/25/21 100766 $90.00 WEX FLEET UNIVERSAL AUTO FUEL-10/08-11/07 100762 $74.79 WEX FLEET UNIVERSAL AUTO FUEL-11/08-12/07 101025 $66.91 TOTAL GF-RECREATION $4,082.94
1205460 - SELF INSURANCE RETENTION
US BANK CR22.714-DOBLER 100744 $226.28
SECTRAN SECURITY INC COURIER SVC-APR 21 100757 $113.37
SECTRAN SECURITY INC COURIER FUEL-APR 21 100757 $19.22
SECTRAN SECURITY INC COURIER SVC/FUEL-NOV 101014 $113.37 SECTRAN SECURITY INC COURIER SVC/FUEL-NOV 101014 $22.05 Page: 13 of 19
AMY URUBURU 2021 GYM REIMBURSEMENT 101019 $430.99
GEORGE HILLS COMPANY, INC. CLM.1904 PROF SVC 100880 $144.00 GEORGE HILLS COMPANY, INC. CLM.2101 PROF SERVICE-SEP 100880 $126.00 GEORGE HILLS COMPANY, INC. CLM.2107 PROF SERVICE-SEP 100880 $135.00 MICHAEL MANRIQUEZ 2021 GYM REIMBURSEMENT 100999 $156.00 RYAN SMITH 2021 GYM REIMBURSEMENT 101007 $480.00
BURKE WILLIAMS & SORENSEN 96-0030-PROF SVC-SEP 100864 $44.35 TOTAL SELF INSURANCE RETENTION $2,010.63
1255465 - WORKERS COMPENSATION

DEPARTMENT OF INDUSTRIAL RELATIONS
Accounting
FY22 OSIP WORKERS COMP 100935 $3,556.13
BICKMORE ACTUARIAL FY22 WORK COMP ACTUARIAL 100743 $4,250.00 BICKMORE ACTUARIAL PRISM SUBSIDY-WC 100743 ($2,000.00)
TOTAL WORKERS COMPENSATION $5,806.13
1355200 - ASSET REPLACEMENT-CTY MNGR
TYLER TECHNOLOGIES, INC. 20-216-02 IMPLMNTN-HR 100904 $1,280.00 TYLER TECHNOLOGIES, INC. 20-216-02 IMPLMNTN-HR 100904 $3,840.00 TYLER TECHNOLOGIES, INC. 20-216-02 IMPLMNTN-HR 101017 $2,560.00 TYLER TECHNOLOGIES, INC. 20-216-02 IMPLMNTN-HR 101017 $1,280.00 TYLER TECHNOLOGIES, INC. 20-216-02 IMPLMNTN-HR 101017 $640.00 TOTAL ASSET REPLACEMENT-CTY MNGR $9,600.00
1355300 - ASSET REPLACEMENT-FINANCE
KOA HILLS CONSULTING, LLC PROJ MANAGEMENT-JUNE 100778 $13,600.00 TOTAL ASSET REPLACEMENT-FINANCE $13,600.00
1355450 - ASSET REPLACEMENT-INFO SYS
US BANK PLANNING MONITOR 100865 $570.68
US BANK NETWORK HARDWARE 100865 $1,976.43
US BANK CANVA PRO SUB-MOSHKI 100744 $119.99
US BANK PUBLIC WIFI HARDWARE 100744 $495.67
TOTAL ASSET REPLACEMENT-INFO SYS $3,162.77
1356120 - ASSET REPLACEMENT-FIRE
ICE MAKERS INC Ice Maker-FS 100860 $4,578.30
TOTAL ASSET REPLACEMENT-FIRE $4,578.30
1356170 - ASSET REPLACEMENT-MARN SFTY
CONNECTIVITY LLC/MAKAI SURF 5 RESCUE BOARDS 100745 $1,885.62 TOTAL ASSET REPLACEMENT-MARN SFTY $1,885.62
1356510 - ASSET REPLACEMENT-ENGINEER
CDW GOVERNMENT INC AGOV ACADLT 2022 SOFTWARE 9000387 $874.16 TOTAL ASSET REPLACEMENT-ENGINEER $874.16
2037510 - HIGHWAY 101 LANDSC #33
SANTA FE IRRIGATION DISTRICT 005979-000-09/02-11/01 100756 $850.54 SANTA FE IRRIGATION DISTRICT 005979-004 09/16-11/02 100894 $459.50 SANTA FE IRRIGATION DISTRICT 007732-000 09/16-11/02 100894 $19.93 SDG&E CO INC UTLITIES-08/10-11/08 100895 $6,314.86
SDG&E CO INC UTLITIES-08/10-11/08 100895 ($12.24)
KOPPEL & GRUBER PUBLIC FINANCE BENEFIT FEE ASSESSMENT DISTRICTS ADMIN-JUL-SEPT 100922 $700.66 KOPPEL & GRUBER PUBLIC FINANCE BENEFIT FEE ASSESSMENT DISTRICTS ADMIN-JUL-SEPT 100922 $29.95 Page: 14 of 19
TOTAL HIGHWAY 101 LANDSC #33 $8,363.20
2047520 - MID 9C SANTA FE HILLS
SANTA FE IRRIGATION DISTRICT 005979-014-10/02-11/01 100756 $666.46 SANTA FE IRRIGATION DISTRICT 005979-015-10/02-11/01 100756 $490.51 SANTA FE IRRIGATION DISTRICT 005979-016-10/02-11/01 100756 $596.08 SANTA FE IRRIGATION DISTRICT 005979-017-10/02-11/01 100756 $61.56 SANTA FE IRRIGATION DISTRICT 005979-024-10/02-11/01 100756 $670.37 SANTA FE IRRIGATION DISTRICT 005979-025-10/02-11/01 100756 $596.08 SANTA FE IRRIGATION DISTRICT 005979-026-10/02-11/01 100756 $748.57 SANTA FE IRRIGATION DISTRICT 005979-018-10/02-11/01 100756 $108.48 SANTA FE IRRIGATION DISTRICT 005979-019-10/02-11/01 100756 $354.81 SANTA FE IRRIGATION DISTRICT 005979-020-10/02-11/01 100756 $850.23 SANTA FE IRRIGATION DISTRICT 005979-021-10/02-11/01 100756 $971.44 SANTA FE IRRIGATION DISTRICT 005979-022-10/02-11/01 100756 $607.81 SANTA FE IRRIGATION DISTRICT 005979-023-10/02-11/01 100756 $713.38 SANTA FE IRRIGATION DISTRICT 005979-012-10/02/21-12/01/21 101013 $117.34 SANTA FE IRRIGATION DISTRICT 005979-006-10/02/21-12/01/21 101013 $1,390.60 SANTA FE IRRIGATION DISTRICT 005979-007-10/02/21-12/01/21 101013 $1,604.45 SANTA FE IRRIGATION DISTRICT 005979-009-10/02/21-12/01/21 101013 $773.49 SANTA FE IRRIGATION DISTRICT 005979-010-10/02/21-12/01/21 101013 $703.90 SANTA FE IRRIGATION DISTRICT 005979-011-10/02/21-12/01/21 101013 $502.27 SANTA FE IRRIGATION DISTRICT 005979-021-11/02/21-12/01/21 101013 $967.53 SANTA FE IRRIGATION DISTRICT 005979-022-11/02/21-12/01/21 101013 $666.46 SANTA FE IRRIGATION DISTRICT 005979-023-11/02/21-12/01/21 101013 $678.19 SANTA FE IRRIGATION DISTRICT 005979-024-11/02/21-12/01/21 101013 $799.40 SANTA FE IRRIGATION DISTRICT 005979-025-11/02/21-12/01/21 101013 $564.80 SANTA FE IRRIGATION DISTRICT 005979-026-11/02/21-12/01/21 101013 $791.58 SANTA FE IRRIGATION DISTRICT 005979-015-11/02/21-12/01/21 101013 $478.78 SANTA FE IRRIGATION DISTRICT 005979-016-11/02/21-12/01/21 101013 $744.66 SANTA FE IRRIGATION DISTRICT 005979-017-11/02/21-12/01/21 101013 $61.56 SANTA FE IRRIGATION DISTRICT 005979-018-11/02/21-12/01/21 101013 $96.75 SANTA FE IRRIGATION DISTRICT 005979-019-11/02/21-12/01/21 101013 $292.25 SANTA FE IRRIGATION DISTRICT 005979-020-11/02/21-12/01/21 101013 $768.12 SANTA FE IRRIGATION DISTRICT 005979-014-11/02/21-12/01/21 101013 $658.64 KOPPEL & GRUBER PUBLIC FINANCE BENEFIT FEE ASSESSMENT DISTRICTS ADMIN-JUL-SEPT 100922 $48.56 SANTA FE HILLS HOA SANTA FE HILLS-SEPT 21 100755 $18,333.33 SANTA FE HILLS HOA SANTA FE HILLS-AUG 21 100755 $18,333.33 SANTA FE HILLS HOA SANTA FE HILLS-JUL 21 100755 $18,333.33 SANTA FE HILLS HOA SANTA FE HILLS-OCT 21 100755 $18,333.33 SANTA FE HILLS HOA SANTA FE HILLS-NOV 21 9000383 $18,333.33 TOTAL MID 9C SANTA FE HILLS $111,811.76
2057530 - MID 9E ISLA VERDE
KOPPEL & GRUBER PUBLIC FINANCE BENEFIT FEE ASSESSMENT DISTRICTS ADMIN-JUL-SEPT 100922 $24.98 TOTAL MID 9E ISLA VERDE $24.98
2077550 - MID 9H SAN ELIJO #2
KOPPEL & GRUBER PUBLIC FINANCE BENEFIT FEE ASSESSMENT DISTRICTS ADMIN-JUL-SEPT 100922 $26.36 TOTAL MID 9H SAN ELIJO #2 $26.36
Page: 15 of 19
2087580 - COASTAL RAIL TRAIL MAINT
SANTA FE IRRIGATION DISTRICT 005506-020-10/02-11/01 100756 $1,015.21 SANTA FE IRRIGATION DISTRICT 005506-003-09/02-11/01 100756 $129.56 SANTA FE IRRIGATION DISTRICT 005506-020-11/02/21-12/01/21 101013 $1,531.33 TOTAL COASTAL RAIL TRAIL MAINT $2,676.10
2117600 - STREET LIGHTING DISTRICT
SDG&E CO INC UTILITIES-10/01-11/08 100895 $7,699.61
VERIZON WIRELESS-SD 362455526-10/02-11/01 100906 $5.18
SIEMENS MOBILITY, INC. STREETLIGHT MAINTENANCE/REPAIRS-SEP 100758 $1,136.30 SIEMENS MOBILITY, INC. STREETLIGHT REPAIR-OCT 100896 $1,117.50 TOTAL STREET LIGHTING DISTRICT $9,958.59
2135550 - DEVELOPER PASS-THRU- PLANNING
HARRIS & ASSOC. INC. ESHA ASSESSMENT 1415 HIGHLAND-JUL 100921 $2,137.45 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $750.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $600.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING 100753 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING -OCT 100786 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING -OCT 100786 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING -OCT 100786 $600.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING -OCT 100786 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING -OCT 100786 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING -OCT 100786 $1,050.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING -OCT 100786 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING -OCT 100786 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING -OCT 100786 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT LANDSCAPING -OCT 100786 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT NOVEMBER 21 100929 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT NOVEMBER 21 100929 $600.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT NOVEMBER 21 100929 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT NOVEMBER 21 100929 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT NOVEMBER 21 100929 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT NOVEMBER 21 100929 $450.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT NOVEMBER 21 100929 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT NOVEMBER 21 100929 $300.00 PAMELA ELLIOTT LANDSCAPE ARCHITECT NOVEMBER 21 100929 $300.00 Page: 16 of 19
ENVIRONMENTAL SCIENCE ASSOCIATES 437 MARVIEW DR BIO REVIEW 100993 $2,080.46 MICHAEL BAKER INTERNATIONAL, INC 550 SAN MARIO-PEER REVIEW DRP21-008 100884 $2,292.43 MICHAEL BAKER INTERNATIONAL, INC 20-199-1781.03/0 IDA AVE 101000 $1,720.00 MICHAEL BAKER INTERNATIONAL, INC 20-199-1718.03/0 IDA AVE 101000 $3,325.00 MICHAEL BAKER INTERNATIONAL, INC 20-199-1718.03/0 IDA AVE 101000 $10,262.50 SUMMIT ENVIROMENTAL GROUP, INC. 21-193/1714.29 SOLANA HIGHLANDS-SEPT 100759 $920.00 SUMMIT ENVIROMENTAL GROUP, INC. 21-193/1714.29-SOLANA HIGHLANDS-OCT 100759 $1,840.00 SUMMIT ENVIROMENTAL GROUP, INC. 21-193 1714.29-SOLANA HIGHLANDS 100936 $3,680.00 TOTAL DEVELOPER PASS-THRU- PLANNING $42,507.84
2196110 - COPS PROGRAM
SAN DIEGO COUNTY SHERIFF'S DEPT. LAW ENFORCEMENT-AUG 100788 $12,500.00 SAN DIEGO COUNTY SHERIFF'S DEPT. LAW ENFORCEMENT-SEP 101008 $12,500.00 TOTAL COPS PROGRAM $25,000.00
2206510 - TRANS DEVELOP ACT (TDA)
MICHAEL BAKER INTERNATIONAL, INC 19-193-03 9382 LSF CORR 100783 $3,150.00 MICHAEL BAKER INTERNATIONAL, INC 19-193-03 9382 LSF CORR-OCT 100925 $3,600.00 TOTAL TRANS DEVELOP ACT (TDA) $6,750.00
2286510 - TRANSNET EXTENSION-CIP
UT SAN DIEGO - NRTH COUNTY NTC-TRANSNET AMNDMNT ADOPT 100802 $297.77 CHEN RYAN ASSOCIATES 21-202-01 9538.21 SAFE RT SCH 100768 $2,118.56 CHEN RYAN ASSOCIATES 21-202-01 9538.21 SAFE RT SCH 100768 $3,392.50 CHEN RYAN ASSOCIATES 21-202-01 9538 SAFE RT SCH-OCT 100914 $3,086.88 CHEN RYAN ASSOCIATES 21-202-01 9538 SAFE RT SCH 100914 $2,085.63 MICHAEL BAKER INTERNATIONAL, INC 19-193-03 9382 LSF CORR 100783 $350.00 MICHAEL BAKER INTERNATIONAL, INC 19-193-03 9382 LSF CORR-OCT 100925 $400.00 BUCKNAM INFRASTRUCTURE GROUP INC 21-201 9362 PVMNT ASSMT 100863 $1,444.00 TOTAL TRANSNET EXTENSION-CIP $13,175.34
2466510 - PER CAPITA GRANT FUND-CIP
CHEN RYAN ASSOCIATES 21-202-01 9538.21 SAFE RT SCH 100768 $6,355.69 CHEN RYAN ASSOCIATES 21-202-01 9538.21 SAFE RT SCH 100768 $10,177.50 CHEN RYAN ASSOCIATES 21-202-01 9538 SAFE RT SCH-OCT 100914 $9,260.63 CHEN RYAN ASSOCIATES 21-202-01 9538 SAFE RT SCH 100914 $6,256.88 TOTAL PER CAPITA GRANT FUND-CIP $32,050.70
2505570 - COASTAL BUSINESS/VISITORS
US BANK DIA DE-CANOPY RENTAL 100986 $494.00
US BANK MOVIE NIGHT SUPPLIES 100865 $190.25
US BANK MOVIE NIGHT SUPPLIES 100865 $32.29
US BANK MOVIE NIGHT EVENT GIVEAWAY 100865 $100.00
US BANK MOVIE NIGHT PIZZA 100865 $216.00
US BANK DUCT TAPE/CAUTION TAPE/ZIP TIES 100865 $31.00
US BANK MOVIE NIGHT-SUPPLIES 100744 $77.97
TOTAL COASTAL BUSINESS/VISITORS $1,141.51
2557110 - CAMP PROGRAMS
US BANK CAMP-ICE CREAM 100744 $14.96
US BANK CAMP-ICE CREAM 100744 $14.97
US BANK CAMP-GLUE/BALLS/PAPER/SPONGE 100744 $87.19
US BANK CAMP FIELD TRIP-08/03 100744 $145.00
Page: 17 of 19
US BANK BEACH BALL-DAY CAMP 100987 $18.38
US BANK COVER FOR JG EQUIP 100865 $184.36
US BANK JG TRAILER RENT 100865 $62.51
US BANK CPR CERT- APPLEGATE 100744 $32.00
US BANK INK FOR JG PRINTER 100744 $108.71
US BANK RENT-JG TRAILER 100744 $601.78
US BANK CAMP FIELD TRIP-08/11 100744 $499.00
US BANK CAMP FIELD TRIP-08/11 100744 $25.00
US BANK CAMP-ICE CREAM TRUCK 100744 $132.00
WESS TRANSPORTATION SERVICES CAMP FLD TRIP-08/04/21 100797 $466.40 WESS TRANSPORTATION SERVICES CAMP FIELD TRIP-07/14/21 100797 $466.40 WESS TRANSPORTATION SERVICES CAMP FIELD TRIP-07/21/21 100797 $466.40 WESS TRANSPORTATION SERVICES CAMP FIELD TRIP-07/28/21 100797 $466.40 WESS TRANSPORTATION SERVICES CAMP FIELD TRIP-08/11/21 100797 $466.40 TOTAL CAMP PROGRAMS $4,257.86
2706120 - PUBLIC SAFETY- LAW ENFORCEMENT
ENTERPRISE RENT A CAR STRKTM-09/1810/06-BARRON 100877 $1,577.94 VERIZON WIRELESS-SD 962428212-09/29-10/28 100906 $114.03 ROBERT BARRON CFAA-REMB-CALDOR FIRE 9/19-10/6 100932 $2,544.19 RYAN PESTER STRIKE-DIXIE-10/30-11/13/21 101006 $2,649.15 AMR CSA17.22 LIFEBANDS 100765 $383.86
AMR CSA17.22-GLUCMTR/LIFEBNDS/AIR INTUBTN 100765 $983.19 NATIONWIDE MEDICAL SURGICAL INC CSA17.22 FENTANYL 100887 $51.85 TOTAL PUBLIC SAFETY- LAW ENFORCEMENT $8,304.21
2706170 - PUBLIC SAFETY- EMERGENCY PREP
US BANK CSA17 MEDICAL SUPPLIES 100986 $124.41
US BANK BANDAGES/ICE PACKS/COLLARS 100865 $175.92
TOTAL PUBLIC SAFETY- EMERGENCY PREP $300.33
3177210 - PUBLIC FACILITY
CITY NATIONAL BANK ABAG#11-022:12/01 100769 $142,700.00 CITY NATIONAL BANK ABAG#11-022:12/01 100769 $4,890.90
TOTAL PUBLIC FACILITY $147,590.90
3207220 - CAPITAL LEASE FUND
CITY NATIONAL BANK CHVRON#12-015:12/08 100769 $28,172.30 CITY NATIONAL BANK CHVRON#12-015:12/08 100769 $7,014.71 TOTAL CAPITAL LEASE FUND $35,187.01
4506190 - SAND REPLNSHMNT/RETENTION
COASTAL FRONTIERS INC 9923 TASK 4-SEP 100916 $5,257.00
COASTAL FRONTIERS INC 9926 TASK 1-OCT 100916 $1,994.00
WARWICK GROUP CONSULTANTS, LLC 9926.21-PROF SVC-OCT 100761 $4,945.00 WARWICK GROUP CONSULTANTS, LLC 9926.21 PROV SVC-NOV 101024 $4,945.00 SUMMIT ENVIROMENTAL GROUP, INC. 21-38 L5/9926 PROF SVC SND-OCT 100759 $460.00 SUMMIT ENVIROMENTAL GROUP, INC. 21-38-L5/9926 PROF SVC SND-NOV 101016 $1,725.00 TOTAL SAND REPLNSHMNT/RETENTION $19,326.00
4506510 - SANDREPLNSHMNT/RETNTN-CIP
DOMUSSTUDIO ARCHITECTURE 19-144 9449.01 MS CENTR-SEP 100748 $1,517.50 DOMUSSTUDIO ARCHITECTURE 19-144 9449 MS CENTR 100876 $4,270.00 Page: 18 of 19
TOTAL SANDREPLNSHMNT/RETNTN-CIP $5,787.50
4595550 - MISC. CAPITAL PROJECTS
KIMLEY-HORN AND ASSOCIATES, INC. 20-172 9905 PROF SVC-AUG 9000386 $3,782.00 TOTAL MISC. CAPITAL PROJECTS $3,782.00
5097700 - SANITATION
MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100785 $8.99 MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100785 $8.99 MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100885 $8.99 MISSION LINEN & UNIFORM INC LAUNDRY-PUB WORKS 100885 $8.99 MISSION LINEN & UNIFORM INC LAUNDRY PUB WORKS 100926 $8.99 AFFORDABLE PIPELINE SERVICES INC I SEWER CLEANING 100857 $425.00 AFFORDABLE PIPELINE SERVICES INC E-SEWER CLEANING-10,003 100857 $5,001.50 SANTA FE IRRIGATION DISTRICT 005506-014-10/02-11/01 100756 $753.60 SANTA FE IRRIGATION DISTRICT 005979-008-10/02/21-12/01/21 101013 $87.70 SANTA FE IRRIGATION DISTRICT 005506-014 11/02/21-12/01/21 101013 $567.26 LANCE,SOLL & LUNGHARD, LLP FY21 AUDIT SCV 100780 $8,117.80 LANCE,SOLL & LUNGHARD, LLP FY21 AUDIT SVC 100998 $4,058.90 VERIZON WIRELESS-SD 362455526-10/02-11/01 100906 $5.18
SAN ELIJO JPA SAN ELIJO JPA 101011 $685,890.00
SAN ELIJO JPA BECKER/ZITO PER DIEM-AUG/SEP 101011 ($800.00) AT&T CALNET 3 9391012277 - 09/24-10/23 100742 $14.54
AT&T CALNET 3 9391012277-10/24-11/23 100859 $15.43
US BANK ADMIN FEE WASTE-WATER 2022 101020 $2,675.00
WEX FLEET UNIVERSAL AUTO FUEL-09/08-10/07 100762 $169.31 WEX FLEET UNIVERSAL AUTO FUEL-10/08-11/07 100762 $172.65 WEX FLEET UNIVERSAL AUTO FUEL-11/08-12/07 101025 $154.57 DANNY HERNANDEZ REIMB-TOWING CITY VEHICLE 100800 $250.00 TOTAL SANITATION $707,603.39
5507750 - SOLANA ENERGY ALLIANCE
SDG&E CO INC 2500000000086-AUG 21 100895 $2,315.67
LANCE,SOLL & LUNGHARD, LLP FY21 AUDIT SCV 100780 $658.20 LANCE,SOLL & LUNGHARD, LLP FY21 AUDIT SVC 100998 $329.10 BAYSHORE CONSULTING GROUP, INC CCA PROF SVC-OCT 9000377 $412.50 TOSDAL APC SEA PROF SVC-OCT 100902 $921.00
TOTAL SOLANA ENERGY ALLIANCE $4,636.47
6527810 - SUCCESSOR AGENCY
LANCE,SOLL & LUNGHARD, LLP FY21 AUDIT SCV 100780 $1,535.80 LANCE,SOLL & LUNGHARD, LLP FY21 AUDIT SVC 100998 $767.90 COLANTUONO, HIGHSMITH, & WHATLEY PC 21-181 SDCOE CONSORTIUM-SEPT 100771 $327.00 COLANTUONO, HIGHSMITH, & WHATLEY PC 21-181 SDCOE CONSORTIUM-OCT 100870 $485.45 BURKE WILLIAMS & SORENSEN 97-0003-PROF SVC-SEP 100864 $60.00 COMPUTERSHARE CORPORATE TRUST INT/PRIN 2017TA BOND 12/01 9000380 $38,470.32 COMPUTERSHARE CORPORATE TRUST INT/PRIN 2017TA BOND 12/01 9000380 $61,400.00 TOTAL SUCCESSOR AGENCY $103,046.47
6718510 - BARBARA UNDERGROUNDING-DS
WILLDAN DISTRICT ADMINISTRATION - JUL-SEPT 100940 $277.37 TOTAL BARBARA UNDERGROUNDING-DS $277.37
Page: 19 of 19
6728520 - PACIFIC UNDERGROUNDING-DS
WILLDAN DISTRICT ADMINISTRATION - JUL-SEPT 100940 $258.07 TOTAL PACIFIC UNDERGROUNDING-DS $258.07
6738530 - MARSOLAN UNDERGROUNDNG-DS
WILLDAN DISTRICT ADMINISTRATION - JUL-SEPT 100940 $256.34 COMPUTERSHARE CORPORATE TRUST ADMIN CHARGE 11/21/21-11/20/22 9000388 $450.00 TOTAL MARSOLAN UNDERGROUNDNG-DS $706.34
6768560 - SO SOLANA SEWER DISTR-DS
KOPPEL & GRUBER PUBLIC FINANCE SOUTH SOLANA SEWER JUL-SEPT 100922 $440.46 TOTAL SO SOLANA SEWER DISTR-DS $440.46
REPORT TOTAL: $2,578,463.04
COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.2.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: January 12, 2022
ORIGINATING DEPT: Finance
SUBJECT: Report on Changes Made to the General Fund Adopted Budget for Fiscal Year 2021/22
BACKGROUND:

Staff provides a report at each Council meeting that lists changes made to the current Fiscal Year (FY) General Fund Adopted Budget.

The information provided in this Staff Report lists the changes made through December 8, 2021.

DISCUSSION:

The following table reports the revenue, expenditures, and transfers for 1) the Adopted General Fund Budget approved by Council on June 23, 2021 (Resolution 2021-092) and 2) any resolutions passed by Council that amended the Adopted General Fund Budget.

Action Description Revenues Expenditures
Transfers
from GF Net Surplus
Reso 2021-092 Adopted Budget 22,694,100 (20,222,560) (916,100) (1) $ 1,555,440 Reso 2021-086 Crossing Guards 121,540 (48,984) - 1,627,996 Reso 2021-096 FY22 MOU - (950) - 1,627,046
Reso 2021-103 Landscaping Maintenance Services - (40,000) - 1,587,046 Reso 2021-125 Street Maintenance and Repairs Project - - (200,000) (2) 1,387,046 (1) Transfers to: 150,100
Debt Service for Public Facilities 150,100
Transfer to: 766,000
City CIP Fund 766,000
(2) Transfer to: 200,000
City CIP Fund 200,000
Action Description Revenues Expenditures
Transfers
from GF Net
Reso 2021-124 FY21 Surplus- PARS Contribution (455,000) - (455,000)

GENERAL FUND - ADOPTED BUDGET PLUS CHANGES
As of December 8, 2021
General Fund Operations
General Fund Unreserved Balance
,.
,.
,. ,. ,.

January 12, 2022
General Fund Budget Changes -FY 2022

Page 2 of 2 ends

CEQA COMPLIANCE STATEMENT:

Not a project as defined by CEQA
FISCAL IMPACT:

N/A
WORK PLAN:

N/A
OPTIONS:
∙ Receive the report.
∙ Do not accept the report
DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council receive the report listing changes made to the FY 2021-2022 General Fund Adopted Budget.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation
_________________________________
Gregory Wade, City Manager
CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.3.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: January 12, 2022
ORIGINATING DEPT: City Clerk’s Department
SUBJECT: 2022 City Council Meeting Schedule Planning
BACKGROUND:

Pursuant to Solana Beach Municipal Code Section 2.04.070, the City Council shall hold Regular meetings in the Council Chambers of City Hall, on a day and time set by resolution. Pursuant to Resolution 2005-019, regularly scheduled meetings are established for the second (2nd) and fourth (4th) Wednesdays of each month.

Historically, certain meeting dates that may conflict with official holidays have been cancelled and a short summer break has been observed. Special Meetings may be scheduled to maintain the consistency needed to sustain City operations.

The purpose of this Staff Report is to forecast and review potential holidays, breaks, and possible Special Meeting dates and to establish the 2022 Council Meeting schedule.

DISCUSSION:

The City Council’s anticipated 2022 Regular Meeting schedule is included in Attachment 1 along with potential conflicts to consider for cancellation or, if needed, to establish additional meetings. Consideration of the annual meeting schedule for the purpose of possible modifications facilitates preparation of an anticipated agenda schedule.

Additionally, memorializing this schedule allows:
• Adequate time for Staff to prepare Staff Reports and a final agenda packet on time. • Adequate preparation time for Council to review the agenda. • Sufficient time for public notification of any cancelled/rescheduled meetings.

Therefore, this item is intended to review and consider potential modifications of the regularly scheduled 2022 City Council meeting schedule. Any meeting that may be cancelled and rescheduled at this time for planning purposes is not permanent. If a Regular Meeting date is cancelled at this time, it is not permanently cancelled and may January 12, 2022
2022 Council Meeting Calendar

Page 2 of 2 ends

still take place at its regularly scheduled date/time/place, per proper noticing requirements.

Regularly scheduled meetings are intended to provide consistency and to meet the public’s general expectations. There are specific noticing requirements for Regular and Special Meeting agendas.

Meeting Types Agenda Noticing Requirement
Regular Meetings (established by Resolution) 72 hours prior to meeting time.

Special Meetings (called at any time) 24 hours prior to meeting time.

Specific City business, such as the adoption of Ordinances, is required to take place only at a Regular Council Meeting. Therefore, the anticipation of cancelled meetings is necessary to appropriately coordinate meeting agendas, and related business, in order to effectively manage City operations.

Staff recommends that the Council consider potential schedule conflicts, review proposed recommendations, and, if necessary, provide direction to Staff in order to prepare a revised calendar for reference and planning.

CEQA COMPLIANCE STATEMENT: N/A
FISCAL IMPACT: N/A
WORK PLAN: N/A
OPTIONS:
• Review and approve proposed 2022 Council Meeting Schedule. • Cancel and/or reschedule the Council meeting dates due to conflicts with holidays and summer break.
• Consider cancellation or rescheduling of other dates. • Do not cancel or reschedule any Council meeting dates.

DEPARTMENT RECOMMENDATION:

Staff recommends that City Council review, edit, and/or approve a 2022 anticipated Council Meeting schedule with proposed cancellations and/or additional meetings.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation
________________________
Gregory Wade, City Manager
Attachment:

1. 2022 City Council Meeting Proposed Dates
2022 Proposed Council Meeting Dates Schedule
January - June
2 nd Wed January 12
th
4 th Wed January 26
th
2 nd Wed February 9
th
4 th Wed February 23
rd
2 nd Wed March 9
th
4 th Wed March 23
rd
2 nd Wed April 13
th
4 th Wed April 27
th
2 nd Wed May 11
th
4 th Wed May 25
th
2 nd Wed June 8
th
4 th Wed June 22
nd
July - December
2 nd Wed July 13
th
4 th Wed July 27
th Summer Break Cancel
2 nd Wed August 10
th
Summer Break Cancel
4 th Wed August 24
th
2 nd Wed September 14th
4 th Wed September 28
th
2 nd Wed October 12
th
4 th Wed October 26
th
2 st Wed November 9
th
4 th Wed November 23
rd Week of Thanksgiving Holidays Cancel
2 nd Wed December 14th
4 th Wed December 28
th Week of Christmas Holidays Cancel
ATTACHMENT 1
NOTE: Any Regular Meeting that is cancelled above primarily for planning purposes is not a permanent cancellation and may occur at its regularly scheduled time, per required noticing for Regular Meetings (72 hours). Always check the City’s website Public meetings page. www.cityofsolanabeach.org / Public Meetings
CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.4.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: January 12, 2022
ORIGINATING DEPT: Engineering Department
SUBJECT: City Council Consideration of Resolution 2022-005 Accepting the Project as Complete, Approving a Final
Change Order and Additional Funding, and Authorizing the City Clerk to File a Notice of Completion of the 2020 Sewer & Storm Drain Rehabilitation Project
BACKGROUND:

The Capital Improvement Program (CIP) budget makes annual appropriations to maintain, repair and replace sewer and storm drain facilities as needed throughout the City. At the June 24, 2020 City Council meeting, the City Council awarded a construction contract for the 2020 Sewer & Storm Drain Rehabilitation Project, Bid No. 2020-01, to Southwest Pipeline & Trenchless Corporation.

This item is before the City Council for the consideration of Resolution 2022-005 (Attachment 1) to report the final project costs, approve a final change order (Attachment 2), authorize additional funding, accept the project as complete and direct the City Clerk to file a Notice of Completion (NOC).

DISCUSSION:

Southwest Pipeline completed all work on this project in accordance with the approved plans and specifications of Bid No. 2020-01 to the satisfaction of the City Engineer. The City will release the retention, in the amount of $41,344.75, thirty-five (35) days after the NOC is approved by the City Council.

A summary of the project accomplishments is listed below and is also illustrated in Attachment 3:

January 12, 2022
2020 Sewer & Storm Drain Rehabilitation Project NOC

Page 2 of 4 ends

Sewer Rehabilitation and Construction
 Rehabilitated approximately 4,186 linear feet of 6” and 8” sewer pipes.  Rehabilitated approximately 1,967 linear feet of a 21” trunk sewer.  Rehabilitated one sewer manhole on Cedros Avenue.
 Constructed two new sewer manholes and one sewer clean-out at inaccessible, damaged dead ends.
 Constructed 78 linear feet of 8” sewer main on Santa Rufina to eliminate two inaccessible damaged dead ends.

Storm Drain Rehabilitation and Construction
 Rehabilitated approximately 1,040 linear feet of circular and elliptical corrugated metal pipes.
 Removed and replaced approximately 273 linear feet of deteriorated corrugated metal pipes.
 Removed and replaced one deteriorated curb inlet.

Construction Changes
During construction, the contractor, in collaboration with City Staff, determined that a couple of existing sewer pipe segments that were scheduled for the rehabilitation methods needed to be modified. In an effort to provide a comprehensive design option, rehabilitation of these sewer pipe segments were postponed to the next year’s project. A couple of additional pipe segments were also postponed to next year’s project due to inaccessible dead ends. Five additional sewer segments consistent with the City’s sewer maintenance master plan were added to this year’s rehabilitation program at the contract unit prices. The net result due to these changes was a surplus of $2,728. The contingency amount of $52,000 for the sewer portion of the contract was not used.

On the storm drain side, one storm drain pipe located on an easement on private property on Santa Elena was found to be too deteriorated for the proposed lining option. Staff provided an alternative design for the complete removal and reconstruction with a new and much more durable pipe. Similarly, a portion of another storm drain located in an easement at the end of Fresca Court was determined to be deteriorated beyond repair and unsuitable for the lining option. Staff provided an alternative design for a partial removal and reconstruction before the full pipe segment was subsequently lined. Two other storm drains were determined to be too deteriorated to be lined. Due to a funding shortfall, these pipes will be replaced during a future project.

The total cost of the above changes for the storm drain side is $41,487. Utilizing the full contingency amount of $27,000 for the storm drain portion of the contract, there is a $14,487 shortfall. Staff is requesting City Council approval to execute the final change order (Attachment 2) with Southwest Pipeline.

January 12, 2022
2020 Sewer & Storm Drain Rehabilitation Project NOC

Page 3 of 4 ends

CEQA COMPLIANCE STATEMENT:

The Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) of the State CEQA Guidelines.

FISCAL IMPACT:

The project was funded with the Fiscal Year (FY) 2020/21 Capital Improvement Program budget, which included $570,000 for Sanitary Sewer Pipeline Replacements (CIP-14) and $300,000 for Storm Drain Improvements (CIP-15).

The awarded construction contract was $788,136. City Council authorized a contingency of $79,000 for unanticipated extra work, for a total construction budget of $867,136. The cost was divided as follows:

Table 1: Project Budget
Sewer Storm Drain Total
Base Bid $517,367 $270,769 $788,136
Contingency $52,000 $27,000 $79,000
Construction Budget $569,367 $297,769 $867,136
The final cost for sewer rehabilitation work was $514,639, $2,728 less than the base bid amount of $517,367. Therefore, the sewer contingency of $52,000 was not used.

The final cost for storm drain rehabilitation work was $312,256, $41,487 more than the base bid amount of $270,769. The $27,000 storm drain contingency will fund a portion of the extra work, leaving an unfunded amount of $14,487. The storm drain work was funded by the General Fund, and Staff is recommending that City Council authorize an additional appropriation of $14,487 from the General Funds to supplement the unfunded amount.

The final contract change order deducts $2,728 in sewer work and adds $41,487 in storm drain work, for a contract increase of $38,759.

WORK PLAN:

Major Storm Drain Improvement Projects were included in Capital Projects under Environmental Sustainability. Although sewer system maintenance was not mentioned in the FY 2019/20 Work Plan, it was consistent with the Environmental Sustainability section of the Work Plan.

OPTIONS:
 Adopt Staff recommendations.

January 12, 2022
2020 Sewer & Storm Drain Rehabilitation Project NOC

Page 4 of 4 ends

 Postpone and provide direction to Staff.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2022-005:

1. Authorizing the City Council to accept, as complete, the 2020 Sewer & Storm Drain Rehabilitation Project, Bid No. 2020-01, performed by Southwest Pipeline & Trenchless Corporation.

2. Approving a change order in the amount of $38,759 with Southwest Pipeline and authorizing the City Manager to execute the change order.

3. Authorizing an appropriation of $14,487 to the project budget unit from the General Fund.

4. Authorizing the City Treasurer to amend the Fiscal Year 2021/22 Adopted Budget accordingly.

5. Authorizing the City Clerk to file a Notice of Completion.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution No. 2022-005

2. Change Order No. 1

3. Sewer & Storm Drain Improvement locations
RESOLUTION 2022 - 005

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, ACCEPTING AS
COMPLETE THE 2020 SEWER & STORM DRAIN
REHABILITATION PROJECT, BID NO. 2020-01,

AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF

COMPLETION, APPROVING A FINAL CONTRACT

CHANGE ORDER AND AUTHORIZING ADDITIONAL

FUNDING
WHEREAS, the 2020 Sewer & Storm Drain Rehabilitation Project has been completed in accordance with the plans and specifications included as part of the construction contract with Southwest Pipeline & Trenchless Corporation to the satisfaction of the City Engineer; and
WHEREAS, additional storm drain rehabilitation work was performed requiring supplemental funding and a construction change order.

NOW, THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:

1. That the above recitations are true and correct.

2. That the City Council accepts as complete the 2020 Sewer & Storm Drain Rehabilitation Project, Bid No. 2020-01, performed by Southwest Pipeline & Trenchless Corporation.

3. That the City Council approves a change order in the amount of $38,759 with Southwest Pipeline and authorizes the City Manager to execute the change order.

4. That the City Council authorizes an appropriation of $14,487 to the project budget unit from the General Fund.

5. That the City Council authorizes the City Treasurer to amend the Fiscal Year 2021/22 Adopted Budget accordingly.

6. That the City Council authorizes the City Clerk to file a Notice of Completion for the project.

PASSED AND ADOPTED this 12th day of January, 2022, at a regularly scheduled meeting of the City Council of the City of Solana Beach, California by the following vote:

AYES: Councilmembers –
NOES: Councilmembers –
Resolution 2022-005
2020 Sewer & Storm Drain Rehabilitation Project NOC

Page 2 of 2 ends

ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk SEWER & STORM DRAIN REHABILITATION PROJECT – Change Order No. 1

Page 1 of 3 ends

CITY OF SOLANA BEACH

CONTRACT CHANGE ORDER

SEWER & STORM DRAIN REHABILITATION PROJECT
BID NO.: 2020-01
October 22, 2021
Change Order No. 1
Purchase Orders 21-046, 21-108 (Vendor No. 5915)
This change order adds and deducts the following items to the contract:

1. Sewer Contract Quantities Adjustments
The following bid items are increased or decreased to reflect actual quantities as follows:

Bid
Item Description Quantity Unit Unit Price Item Total
1 Cured-in-place lining of 6" pipe 290 LF $40 $11,600
2 Cured-in-place lining of 8" pipe 152 LF $35 $5,320
3 Cured-in-place lining of 21" pipe 10 LF $90 $900
4 Re-establish lateral connection -14 EA $50 ($700)
5 Brim Style service lateral connection -23 EA $900 ($20,700) 11 Final CCTV sewer pipelines 284 LF $3 $852
Total Amount (deduction) ($2,728)
The above sewer quantities reflect the following sewer lining segment changes:
 Two Marsolan segments deleted due to dead-ends
 Four segments at 615 Seabright Lane easements added
 One segment at 407 Hilmen Place easement added

2. Storm Drain Contract Quantities Adjustments
The following bid items are increased or decreased to reflect actual quantities as follows:

Bid
Item Description Quantity Unit Unit Price Item Total
12 Cured-in-place lining of 18" pipe -431 LF $110 ($47,410) 13 Cured-in-place lining of 24" pipe 9 LF $120 $1,080
14 Cured-in-place lining of 20” x 15" pipe -48 LF $300 ($14,400) 15 Cured-in-place lining of 22” x 13" pipe 8 LF $245 $1,960 17 Final CCTV storm drain pipelines -462 LF $2 ($924)
Total Amount (deduction) ($59,694)
SEWER & STORM DRAIN REHABILITATION PROJECT – Change Order No. 1

Page 2 of 3 ends

The above storm drain quantities reflect the following storm drain lining segment changes:
 1116 Santa Luisa not lineable due to extensive invert deterioration  1543/1551 Santa Elena removed and replaced in lieu of lining  530/533 Barbara Ave not lineable due to extensive invert deterioration

3. 1543/1551 Santa Elena Storm Drain Replacement
The existing corrugated metal storm drain in the slope below 1543 Santa Elena was found to be corroded with large voids in the subgrade below the pipeline. The pipe could not be lined. The existing metal pipe was removed and replaced with a 15-inch PVC pipe on a time and material basis.
$68,672

4. 754/755 Fresca Court Storm Drain Replacement
The portion of the existing corrugated metal pipe at the bottom of the slope next to Stevens Avenue could not be lined due to a large sinkhole below the deteriorated pipe. Approximately 40-lineal feet was removed and replaced with an HDPE pipe on a time and material basis. The sink hole was filled with imported soil and the slope restored. Per the contract, the entire pipeline was subsequently lined.
$21,509

5. Storm Drain Invert Grouting
Prior to lining, the contractor performed confined space extra work to grout voids in the pipelines at 155 Stevens Avenue and at Valley Avenue next to the Fish Market. $7,000

5. Video inspections of Unlined Segments
The contractor performed video inspection of pipeline segments that were determined as not lineable, which are listed above. The work to perform video inspections were included as part of the lining bid items. This amount is for video inspection work performed that is not included in the bid items.
$4,000
TOTAL AMOUNT OF CHANGE ORDER NO. 1 $38,759
All work related to this change order shall be done in accordance with the Project Special Provisions, the Project Plans, and the Standard Specifications for Public Works Construction “Greenbook”, 2018 Edition (Standard Specifications). This change order shall include and all labor, materials, tools, equipment and incidentals as required to complete the work complete and in place. No additional compensation shall be due to the contractor as a result of this change order.

This change order shall include all general contractor's overhead, extended overhead, profit, incidentals, bonds and lost time. Contractor shall not be entitled to any additional payment or time extension regarding items covered in this change order.

SEWER & STORM DRAIN REHABILITATION PROJECT – Change Order No. 1

Page 3 of 3 ends

By reason of this change order the time of completion will be extended by 40 days.

Recommended by:

Mo Sammak, City Engineer
Contract Summary:

Approved: City of Solana Beach
Initial Contract Amount $788,136.00 Date:

Previous Change Orders $0.00 By:

Gregory Wade, City Manager
This Change Order $38,759.00 Approved:

Southwest Pipeline & Trenching Corp.

Total To Date $826,895.00 Date:____________________________

Additional Appropriation Required No By:

STORM

DRAININLETREPLACED

SAN DIEGO
OF
COUNTY

ENCINITAS

DEL MAR

SOUTH SIERRA AVE

SEWER MANHOLE

CONSTRUCTED

SEWER MANHOLE

CONSTRUCTED

SEWERCLEAN-OUT

INSTALLED

SEWER PIPES REHABILITATED

STORM DRAINS REHABILITATED
2020 SEWER & STORM DRAIN

REHABILITATIONS
AGENDA ITEM # A.5.

A.5. Successor Agency Recognized Obligation Payment Schedule (ROPS) 2022- 23 and Administrative Budget.

Click here to access this item.

CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.6.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: January 12, 2022
ORIGINATING DEPT: City Manager
SUBJECT: Consideration of Resolution 2022-02 to Allocate CARES Act Community Development Block Grant Coronavirus
(CDBG-CV) Funding to the Community Resource Center’s
Food and Nutrition Program; Authorize Entry Into a
Contract with the County of San Diego for Management
and Implementation of the CDBG-CV Program; and
Authorize Entry into a Professional Services Agreement
with the Community Resource Center to Administer the
Food and Nutrition Center Program
BACKGROUND:

Supplemental Coronavirus Aid, Relief, and Economic Security (CARES) Act funding was allocated to the CDBG Program (known as CDBG-CV) through the U.S. Department of Housing and Urban Development (HUD) specifically to address funding needs associated with the COVID-19 pandemic. The County of San Diego’s Health and Human Services Agency (County) is administering these funds as the grantee for the San Diego Urban County Region. The City has been allocated two apportionments of Supplemental CDBG-CV funding for a total of $96,665. The first allocation was in the amount of $26,190.

The County was subsequently awarded approximately $4.3 million more from HUD for the second round of CDBG-CV funding. The City’s CDBG-CV allocation from the second round of funding was $70,475.

At the Council meeting on September 22, 2021, Staff identified the Community Resource Center’s (CRC) Food and Nutrition Program as a potential program to support using the CDBG-CV funds since the program meets the HUD requirements of serving low-income households in Solana Beach affected by the pandemic. Subsequently, Council gave direction to Staff to draft the agreements and application required by the County in order to allocate and distribute $29,715 of CDBG-CV funding to CRC’s Food and Nutrition Program for the current fiscal year in support of Solana Beach residents and to seek reimbursement from the County.

January 12, 2022
CDBG-CV Funding CRC Food and Nutrition Center

Page 2 of 4 ends

This item is before Council to approve Resolution 2022-002 (Attachment 1) authorizing the City Manager to submit an application for CDBG-CV funding to the County (Attachment 2); execute an agreement with the County for the project (Attachment 3, Exhibit B is the County’s standard grant template); and execute an Agreement (Attachment 3) with CRC to administer the Food and Nutrition Program for the benefit of Solana Beach residents affected by the pandemic.

DISCUSSION:

The CRC Food and Nutrition Program (Program) offers those in need a dignified shopping experience where participants can select their own food staples, along with fresh food.

Volunteers guide participants through the Food and Nutrition Center (Center) to select food that local grocery stores and community groups have donated to the CRC. The Center is open daily and has a variety of options to assist those in need.

According to the CRC, from July 1, 2020 to June 30, 2021, 24 households in Solana Beach participated and 90 individuals were served. There was a total of 267 visits to the Center from Solana Beach residents, proving that this is a valuable resource for those in need. On average, the cost per individual was approximately $330, which includes the cost of the food and administering the program. Therefore, the total cost for Solana Beach residents in the past fiscal year was approximately $29,700. The Supplemental CARES Act funding can be used to reimburse the costs on an ongoing basis for the duration of the pandemic.

Staff has been in contact with the CRC and the County HCD to complete the necessary steps and documentation to implement the program. If Council approves Resolution 2022-002, then Staff will formally submit the Application (Attachment 2) to the County for review and approval. Once approved, the City Manager will enter into an agreement with the County to outline the terms for the CDBG-CV funding reimbursement. Once this agreement is executed, the City will enter into a professional services agreement (Attachment 3) with CRC to administer the program. Part of administering the program includes comprehensive documentation and reporting required by HUD in order for the City to ultimately receive the grant funds in the form of a reimbursement from the County for the program expenses. If all the documentation and reporting requirements are not met, the County may withhold the funds. The CRC has implemented other CDBG programs in the region, and City Staff has met with the County and CRC staff on multiple occasions to discuss this program, so Staff has confidence the documentation and reporting requirements will be met.

CEQA COMPLIANCE STATEMENT:

This is not a “project” as defined by the California Environmental Quality Act (CEQA) and is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines (14 CCR 15061(b)(3)) because there is no possibility that the activity in question may have a January 12, 2022
CDBG-CV Funding CRC Food and Nutrition Center

Page 3 of 4 ends

significant effect on the environment and pursuant to Section 15269(c) of the State CEQA Guidelines because the program implementation is necessary to mitigate an emergency.

FISCAL IMPACT:

The City will pay the program costs ($29,715 in FY 2021-2022) from the CDBG-CV Fund and then submit program expense invoices to the County for reimbursement.

WORK PLAN:

N/A
OPTIONS:
• Approve Staff recommendation.
• Do not approve Staff recommendation.
• Provide alternative direction.

DEPARTMENT RECOMMENDATION:

Staff recommends that the City Council approve Resolution 2022-02:

1. Approving the funding allocation of $29,715 from the CDBG-CV Fund to Community Resource Center to administer the Food and Nutrition Center Program to benefit Solana Beach residents impacted by the Coronavirus pandemic.

2. Authorizing the City Manager to submit an application and any other necessary documents to the County to approve the Food and Nutrition Center Program as an authorized use of CDBG-CV funding and get reimbursement.

3. Authorizing the City Manager to execute a contract with the County for management and implementation of the CDBG-CV program and such other agreements, memoranda of understanding and documents related thereto.

4. After the contract with the County is executed, authorizing the City Manager to execute an agreement with the Community Resource Center in the amount of $29,715 to administer the Food and Nutrition Center Program.

January 12, 2022
CDBG-CV Funding CRC Food and Nutrition Center

Page 4 of 4 ends

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution 2022-02

2. CDBG-CV Application

3. Community Resource Center Professional Services Agreement ATTACHMENT 1
RESOLUTION 2022-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, ALLOCATING FISCAL
YEAR 2021-2022 COMMUNITY DEVELOPMENT BLOCK

GRANT CORONAVIRUS FUNDS (CDBG-CV) FOR THE

COMMUNITY RESOURCE CENTER, AUTHORIZING

ENTRY INTO A CONTRACT WITH THE COUNTY OF SAN

DIEGO FOR MANAGEMENT AND IMPLEMENTATION OF

THE CDBG-CV PROGRAM, AND AUTHORIZING ENTRY

INTO A PROFESSIONAL SERVICES AGREEMENT WITH

THE COMMUNITY RESOURCE CENTER TO ADMINISTER

THE FOOD AND NUTRITION CENTER PROGRAM
WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program as administered through the County of San Diego (County) as the City is not eligible to submit as an “Entitlement City”; and WHEREAS, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California as a result of the threat of the novel coronavirus and the disease it causes, known as COVID-19; and
WHEREAS, on March 11, 2020, the World Health Organization (WHO) declared COVID-19 a pandemic; and
WHEREAS, on March 13, 2020, a federal emergency was issued as a result of the rise in COVID-19 cases; and
WHEREAS, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress and signed into law on March 27, 2020; and WHEREAS, on April 9, 2020, the Department of Housing and Urban Development’s Office of Community Planning and Development (CPD) announced that four provisions in the CARES Act pertaining to the CDBG program (CDBG-CV) were immediately available; and
WHEREAS, CPD states that grantees may use CDBG-CV funds to prevent, prepare for and respond to the coronavirus pandemic; and
WHEREAS, the CARES Act eliminates the CDBG law’s 15% cap on the amount of a jurisdiction’s grant (and any program income) that is obligated in a program year for “public services” and makes it clear that this provision is available immediately; and WHEREAS, the City received two allocations of CDBG-CV funds ($26,190 and $70,475) totaling $96,665; and
WHEREAS, on September 22, 2021, the City Council approved the use of $29,715 Resolution 2022-02
CDBG-CV Funding

Page 2 of 3 ends

of CDBG-CV funding to support the Community Resource Center to administer their Food and Nutrition Center Program to benefit low and moderate income Solana Beach Residents impacted by the Coronavirus pandemic.

NOW, THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:

1. That the above recitations are true and correct.

2. That the City Council finds the funding request and program implementation are not a “project” as defined by the California Environmental Quality Act (CEQA) and are exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines (14 CCR 15061(b)(3)) because there is no possibility that the activity in question may have a significant effect on the environment, and necessary to mitigate an emergency and are exempt pursuant to Section 15269(c) of the State CEQA Guidelines.

3. That the City Council approves the funding allocation of $29,715 from the CDBGCV Fund to Community Resource Center to administer the Food and Nutrition Center Program to benefit Solana Beach residents impacted by the Coronavirus pandemic.

4. That the City Council requests the Fiscal Year (FY) 2022 CDBG-CV Funds in the amount of $29,715 be approved and reimbursed by the County of San Diego as an authorized allocation to the Community Resource Center to administer the Food and Nutrition Center Program.

5. That the City Council authorizes the City Manager to submit an application and any other necessary documents to the County to approve the Food and Nutrition Center Program as an authorized use of CDBG-CV funding and seek reimbursement.

6. That the City Council authorizes the City Manager to execute a contract with the County for management and implementation of the CDBG-CV program and such other agreements, memoranda of understanding and documents related thereto.

7. That, after the contract with the County is executed, the City Council authorizes the City Manager to execute an agreement with the Community Resource Center in the amount of $29,715 to administer the Food and Nutrition Center Program.

Resolution 2022-02
CDBG-CV Funding

Page 3 of 3 ends

8. That the City Council authorizes the City Manager to take such other and further actions as are necessary and proper to carry out the intention of this Resolution.

PASSED AND ADOPTED this 12TH day of January, 2022 at a meeting of the City Council of the City of Solana Beach, California by the following vote:

AYES: Councilmembers –
NOES: Councilmembers –
ABSENT: Councilmembers –
ABSTAIN: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk FY 21-22 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION Page 1 of 6

COUNTY OF SAN DIEGO
2021-2022 COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS (CDBG-CV) PROGRAM – CFDA #14.218
Census Tract:

APPLICATION FOR CDBG PARTICIPATING CITIES
Priority No:

Date Submitted: December 9, 2021______________ DUNS #: ___193774809___________________________ Title of Project: City – CRC Food Distribution for Low-Income Solana Beach Residents AGENCY SUBMITTING APPLICATION:
a. City Department: __City Manager’s Office_ Implementing Department: _____City Manager’s Office__________ b. Project Manager: Dan King, Assistant City Manager Telephone Number: 858-720-2477 c. Contact Person (if different from Project Manager):_Rimga Viskanta, Sr. Management Analyst_________________ Telephone Number:__858-720-2467______
d. Mail Stop/Address:_635 S Highway 101, Solana Beach, CA 09275_ E-mail Addresses: [email protected]_______ e. E-mail Addresses: [email protected] Fax Number: __________________________ f. Signature of Authorized Official:
g. Name and Title of Authorized Official: __Greg Wade, City Manager__________________________________ h. Does your city expend $750,000 or more a year in federal funds? Yes No (if yes, city must submit copy of independent (A-133) audits each year; if no, city must submit copy of audited financial statements each year). i. Date of City Council authorization to submit CDBG application, administer project, execute contract: 12/8/2021 (please forward documentation as soon as it is available).
j. Must maintain current Central Contractor Registration (SAM/CCR). Please include printout of current CCR registration with this application.
k. Cities with fair share allocations under $50,000. Those cities with allocations under this threshold must request a minimum of $50,000. If available, the amount that exceeds their annual fair share allocation will be advanced by the County to be repaid with the city’s future year CDBG allocations or other city funds should the CDBG program be discontinued.

1. PROJECT LOCATION: (Attach map of project site showing the boundaries of the geographic area served. Also attach site plan or project sketch, or if located in a park include Park Master Plan, if applicable.) a. Community: Solana Beach
b. Street address (include zip code): 92075
c. Cross streets: N/A
d. Assessor Parcel Number (where applicable): N/A
e. Thomas Bros. Reference Page: N/A

2. PROJECT DESCRIPTION: (Provide a clear, detailed description of the project and specifically how the requested CDBG funds would be used. Include a sketch of the project site to clarify the proposal and attach any relevant information supporting this proposal.

Attach a list of the proposed tasks with associated activities, expected accomplishments of each task, timelines, and information on staff/consultant who would supervise/perform the work. Note: All sub-recipients requesting funds for programs working directly or indirectly with homeless populations will be required to participate in the Homeless Management Information System (HMIS) database effort administered by the Regional Task Force on the Homeless.) In order to address food insecurity in Solana Beach to our low- and moderate-income population, $29,715 of the funds will go to Community Resource Center (CRC), a non-profit community-based public service organization, to administer the program. The COVID-19 pandemic has exacerbated financial hardship and food insecurity. CRC’s Food & ifi.fi.lA
p!

LIVE WELL

SAN DIEGO
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FY 21-22 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION Page 2 of 6 Nutrition Center (FNC) is an ongoing core program, which operates year-round distributing nearly 500,000 pounds of nutritious food including fresh produce, meat, and dairy, and hygiene items (including diapers) at daily and weekly distributions. Last year, FNC served 1,165 food insecure households, more than 2,900 individuals including domestic violence survivors, at more than 11,000 visits to the FNC. 24 of those households, 90 individuals, were Solana Beach residents. CDBG funds will be used to support FNC personnel (program manager and food rescue truck drivers), transportation costs, food purchase, and safe storage of food.

4. TYPE OF ACTIVITY: (Please check only one)
Public Facilities Economic Development Rental Housing Other:_____________ Infrastructure X Public Service1 Owner-Occupied
Housing
Planning/Administration Non-homeless Special
Needs Homeless/HIV/AIDS

5. OBJECTIVE: (Please check only one)
X 1 Suitable Living Environment
(Activities that benefit communities/ families/individuals by addressing issues in their living environment)
2 Decent Housing
(Housing activities that meet individual family or community needs; should not be used for activities where housing is an element of a larger effort) 3 Economic Opportunity
(Activities related to economic development, commercial revitalization, and job creation)

6. OUTCOME: (Please check only one)
X 1
Availability/
Accessibility
(Activities that make services, infrastructure, housing, and shelter available and accessible. Note that accessibility does not only refer to physical barriers) 2 Affordability
(Activities that provide affordability in a variety of ways. It can include creation or maintenance of affordable housing, basic infrastructure hookups, or services such as transportation or daycare) 3 Sustainability
(Activities that promote livable or viable communities and neighborhoods by providing services or by reviving slums or blighted areas)

7. PROJECT BENEFICIARIES:
a. Describe the geographic service area or the specific population served, including the estimated number of persons served and other measurable outputs:

The primary population served will be low and moderate income residents of Solana Beach who have been affected economically by the COVID-19 pandemic. The intent is to relieve food insecurity and help people avoid eviction and becoming homeless during the pandemic. Approximately 24 households will receive assistance from the CDBG-CV funds. b. If the proposed project only serves a limited clientele, a certain segment of the population, such as youth, childcare or senior centers, health facilities, ADA improvements, or housing activities/services:
(1) Provide the unduplicated number of people expected to be served annually.

N/A
(2) Describe what steps will be taken to document that a minimum of 51% unduplicated low- and moderate-income and limited 1 Eligible public services are limited to those services that directly relate to and support physical community revitalization, homeless or housing activities.

FY 21-22 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION Page 3 of 6 clientele persons will be served annually. 2,
3 Prior to receiving food assistance, Food and Nutrition Center participants complete intake packet that documents housing size and income. CRC staff verify eligibility prior to receiving assistance.

8. SITE INFORMATION:
a. Suitability of site or facility:

N/A
b. Availability of land/facility: (Indicate if the site has been selected, whether there is site control, and other issues of ownership.) N/A
c. Effect on surrounding land use:

N/A
d. Conformance with General Plan: (For information, call PDS at (619) 615-8289) N/A

9. ENVIRONMENTAL REVIEW STATUS: (Call Kimberly Jones at (858) 694-3917 and check appropriate boxes if environmental status is known)
Exempt CEQA:

Exempt NEPA:

Environmental Assessment Needed: Underway Complete
Environmental Impact Statement: Underway Complete

10. CDBG FUNDS REQUESTED: (Specific use of CDBG funds only) Planning $ Inspections $
Personnel/Administration $ Construction/Installations $ Site Acquisition $ Consultant Cost $
Relocation Assistance $ Supplies/Equipment $
Permits and Fees $ Insurance/Legal $
Engineering/Designs $ Other (Food & Nutrition Center) $ 29,715 TOTAL $ 29,715

11. STAFF STATEMENT OF PROJECT NEED/OBJECTIVE:
a. Indicate specific local conditions that warrant funding of the project:

Coastal north county cities and recent Community Health Needs Assessments have identified food insecurity as a significant, high priority community need. San Diego Hunger Coalition estimates that there are 10,000 to 20,000 food insecure people in coastal north county and that 1/3 of them are children under 18. 1 in 3 children in U.S. now live in food insecure households. Many, including low-income Solana Beach residents are unsure when or where they would be able to get their next healthy meal or skip meals because they could not afford to purchase food. b. Describe the relationship of the proposed activity to other similar community facilities/services. (If there are other similar facilities/services in the community, provide a map showing locations):

There are no other similar community services for food distribution to low-income residents of Solana Beach. 2 HCDS will require intake forms and supporting income verification documentation (third party verifications or source documentation) be submitted upon request.
3 All sub-recipients requesting funds for programs working directly or indirectly with homeless populations will be required to participate in the Homeless Management Information System (HMIS) database’s effort administered by the Regional Task Force on the Homeless. ~
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FY 21-22 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION Page 4 of 6

12. PROJECT BUDGET:
a. Indicate how the requested CDBG funds will be leveraged and identify other sources of funds, including the amounts, for this project. Describe here if the proposal is part of larger project.

The funds will go directly to support the Food & Nutrition Center at CRC to assist Solana Beach residents impacted economically by the pandemic. The City is also leveraging $5,000 of city funding to support the Food and Nutrition Center through the City of Solana Beach Community Grant Program.
b. Specify the status of other funding sources and include dates: application submitted, decision pending on requested funds, or funds committed.

On September 22, 2021 and by Resolution on January 12, 2022, the City Council authorized a total of $29,715 CDBG-CV funding to go to the CRC Food & Nutrition Center program.

13. PROJECT COST ESTIMATE:
a. CDBG Funds Previously Allocated To This Project: $ N/A b. Current Proposal:
(1) CDBG Project Request $ 29,715
(2) Other Funds Allocated to Project for spending in FY 2020-21 (list sources):

Other Federal (Specify Source): $
Other State/Local (Specify Source): $
Other (Specify Source): $
Other (Specify Source): $
Current Proposal Total $__29,715___________
c. Future Year Project Cost Estimates (list sources):
(1) $ N/A
(2) $ N/A

14. PRELIMINARY SCHEDULE: (For CDBG Fund Requests Only) Task Completion Date
Environmental Review N/A
Contract Award
Site Acquisition
Engineering/Design
Consultant Services
Relocation Assistance
Construction/Installation
Other:

Other:

Estimated Date of Completion (assuming July 2020 Release of Funds) June 30, 2022 FY 21-22 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION Page 5 of 6

15. PROJECTED CDBG EXPENDITURES IN FY 2020-21
1 st Quarter 25% of the Project Total
2 nd Quarter 25% of the Project Total
3 rd Quarter 25% of the Project Total
4 th Quarter 25% of the Project Total

16. Will the proposed project meet Americans with Disabilities Act standards for access to persons with disabilities? Explain.

Yes. The Food and Nutrition Center is accessible to persons with disabilities.

17. Project will be carried out by: (Check one of the following) City Employees Non-Profit Organization
Contractors For Profit Organization
City Employees and Contractors Faith Based Organization Another Public Agency Institution of Higher Education

18. CURRENT ACTIVITIES:
a. Indicate current project status:

On September 22, 2021 and by Resolution on January 12, 2022, the City Council authorized the allocation of the CDBG-CV to the CRC Food & Nutrition Center Program.
b. For phased projects, describe the progress on the current phase at time of this application and indicate the expected completion date of the previously funded work:

N/A

19. BASIS FOR STAFF RECOMMENDATION:
a. Include specific reasons for your support and indicate why this project is a priority:

We support this project because we have witnessed the immediate economic impacts from the pandemic in our community. This pandemic has specifically hit the lower and moderate income families the hardest, and this funding will help them obtain healthy nutritious food and allow scarce household income to be used for other urgent needs such as housing or transportation. b. Note any anticipated problems or delays in implementation (e.g., use permits, other agency approvals or contingencies):

N/A
c. Describe the urgency or reasons for funding the project this year:

The economic effects from the pandemic are being felt immediately and are hitting the low and moderate income families the hardest.
d. If applicable, submit pictures of the project as an attachment (high quality pictures from different angles):
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FY 21-22 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION Page 6 of 6

20. CITIZEN OR ADVISORY COMMITTEE RECOMMENDATION:
a. Actions taken and votes received:

The City of Solana Beach City Council held a meeting on September 22, 2021 at which Council discussed possible public service programs with whom the City could partner to provide the allocated CDBG-CV funding. On January 12, 2022, Council adopted a resolution designating the funds should go to CRC for the Food & Nutrition Center Program to help those in need and impacted by the Coronavirus pandemic feed their families. b. Input received from citizens: (Attach letters received from public.) c. Status of Community/Local Planning Group review and approval: (Required prior to CDBG funding recommendation.) N/A

21. NATIONAL OBJECTIVE:

Any real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall be used to meet one of the national objectives. Cities are required to meet the national objective until five years after expiration of the contract or MOU.

Describe how your agency will comply with this HUD requirement:

N/A
Services Template Page 1 of 31 rev 1/5/2022 8:12:00 AM
City of Solana Beach

PROFESSIONAL SERVICES AGREEMENT

FOR FOOD AND NUTRITION ASSISTANCE
This Professional Services Agreement (“AGREEMENT”) is made and entered into this day of , 2022 by and between the CITY OF SOLANA BEACH, a municipal corporation (“CITY”), and, COMMUNITY RESOURCE CENTER, a California nonprofit corporation, (“CONSULTANT”) (collectively “PARTIES”).

WHEREAS, the CITY desires to employ a CONSULTANT to furnish food and nutruition assistance to low and moderate income households impacted by the Coronavirsus pandemic (“PROFESSIONAL SERVICES”) for the Food and Nutrition Center (“PROJECT”); and WHEREAS, the CITY has determined that CONSULTANT is qualified by experience and ability to perform the services desired by CITY, and CONSULTANT is willing to perform such services; and WHEREAS, CONSULTANT will conduct all the work as described and detailed in this AGREEMENT to be provided to the CITY.

NOW, THEREFORE, the PARTIES hereto mutually covenant and agree with each other as follows:

1. PROFESSIONAL SERVICES.

1.1. Scope of Services. The CONSULTANT shall perform the PROFESSIONAL SERVICES as set forth in the written Scope of Services, attached as Exhibit “A” Scope of Services and Fee, at the direction of the CITY. CITY shall provide CONSULTANT access to appropriate staff and resources for the coordination and completion of the projects under this AGREEMENT. For all work to be performed on site in the City, the CITY and CONSULTANT agree that the Scope of Services begins when the CONSULTANT arrives on site and terminates when the CONSULTANT leaves the site. Travel time to and from project site shall not be considered time on the job or compensated by the CITY.

1.2. Project Coordinator. The ASSISTANT CITY MANAGER is hereby designated as the Project Coordinator for CITY and will monitor the progress and execution of this AGREEMENT.

CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this AGREEMENT for CONSULTANT. REBECCA NUSSBAUM, CHIEF PROGRAM OFFICER is hereby designated as the Project Director for CONSULTANT.

1.3. City Modification of Scope of Services. CITY may order changes to the Scope of Services within the general scope of this AGREEMENT consisting of additions, deletions, or other revisions. If such changes cause a change in the CONSULTANT’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to CONSULTANT’s compensation and/or contract time shall be made, subject to the CITY’S approval. All such changes shall be authorized in writing, executed by CONSULTANT and CITY.

2. DURATION OF AGREEMENT.

2.1. Term. The term of this AGREEMENT shall be for a period of one (1) year from July 1, 2021 through June 30, 2022. Time is of the essence in the performance of work under this AGREEMENT, unless otherwise specified.

2.2. Extensions. If marked, the CITY shall have the option to extend the AGREEMENT for four (4) additional one (1) year periods or parts thereof for an amount not to exceed per AGREEMENT year. Extensions shall be in the sole discretion of the City Manager and shall be based upon CONSULTANT’s satisfactory past performance, CITY needs, and appropriation of funds by the City Council. The CITY shall give written notice to CONSULTANT prior to exercising the option. □
Services Template Page 2 of 31 rev 1/5/2022 8:12:00 AM

2.3. Delay. Any delay occasioned by causes beyond the control of CONSULTANT may merit an extension of time for the completion of the Scope of Services. When such delay occurs, CONSULTANT shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the PROFESSIONAL SERVICES when justified by the circumstances.

2.4. City’s Right to Terminate for Default. Should CONSULTANT be in default of any covenant or condition hereof, CITY may immediately terminate this AGREEMENT for cause if CONSULTANT fails to cure the default within ten (10) calendar days of receiving written notice of the default.

2.5. City’s Right to Terminate without Cause. Without limiting its rights in the event of CONSULTANT’s default, CITY may terminate this AGREEMENT, without cause, by giving written notice to CONSULTANT. Such termination shall be effective upon receipt of the written notice. CONSULTANT shall be compensated for all effort and material expended on behalf of CITY under the terms of this AGREEMENT, up to the effective date of termination. All personal property remaining in CITY facilities or on CITY property thirty (30) days after the expiration or termination of this AGREEMENT shall be, at CITY’s election, considered the property of CITY.

3. COMPENSATION.

3.1. Total Amount. The total cost for all work described in the Scope of Services and Fee (Exhibit “A”) shall not exceed twenty nine thousand seven hundred and fifteen dollars ($29,715.00) without prior written authorization from CITY. CONSULTANT shall bill the CITY for work provided and shall present a written request for such payment monthly.

3.2. Additional Services. CITY may, as the need arises or in the event of an emergency, request additional services of CONSULTANT. Should such additional services be required, CITY and CONSULTANT shall agree to the cost prior to commencement of these services.

3.3. Costs. Any costs billed to the CITY shall be approved in writing in advance and in accordance with any terms negotiated and incorporated herein as part of Exhibit “A” Scope of Services and Fee.

4. INDEPENDENT CONTRACTOR.

4.1. CONSULTANT is, for all purposes arising out of this AGREEMENT, an independent contractor. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder, the CITY only being concerned with the finished results of the work being performed. Neither CONSULTANT nor CONSULTANT’s employees shall in any event be entitled to any benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. CONSULTANT is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

4.2 PERS Eligibility Indemnification. In the event that CONSULTANT’s employee providing services under this AGREEMENT claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONSULTANT’s employees providing service under this AGREEMENT shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.

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4.3 Indemnification for Employee Payments. CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment which the CITY may be required to make for work done under this AGREEMENT.

4.4 The provisions of this section 4 are continuing obligations that shall survive expiration or termination of this AGREEMENT.

5. STANDARD OF PERFORMANCE.

While performing the PROFESSIONAL SERVICES, CONSULTANT shall exercise the reasonable professional care and skill customarily exercised by reputable members of CONSULTANT’s profession practicing in the metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise.

6. WARRANTY OF CONSULTANT’S LICENSE.

CONSULTANT warrants that CONSULTANT is properly licensed with the applicable government agency(ies) for any PROFESSIONAL SERVICES that require a license. If the CONSULTANT lacks such license, this AGREEMENT is void and of no effect.

7. AUDIT OF RECORDS.

7.1. At any time during normal business hours and as often as may be deemed necessary the CONSULTANT shall make available to a representative of CITY for examination all of its records with respect to all matters covered by this AGREEMENT and shall permit CITY to audit, examine and/or reproduce such records. CONSULTANT shall retain such financial and program service records for at least four (4) years after termination or final payment under this AGREEMENT.

7.2. The CONSULTANT shall include the CITY's right under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.

8. CONFIDENTIALITY AND SECURITY.

8.1. Confidential Work Product. All professional services performed by CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by CONSULTANT, pursuant to this AGREEMENT, are for the sole use of the CITY, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the CITY. This provision does not apply to information that (a) was publicly known, or otherwise known to CONSULTANT, at the time that it was disclosed to CONSULTANT by the CITY, (b) subsequently becomes publicly known through no act or omission of CONSULTANT or (c) otherwise becomes known to CONSULTANT other than through disclosure by the CITY. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the CITY. The sole purpose of this section is to prevent disclosure of CITY’s confidential and proprietary information by CONSULTANT or subcontractors.

8.2. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this AGREEMENT, may be exposed to confidential information and that disclosure of such information could violate the rights of private individuals and entities, including the parties and third parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law, and all other information protected by applicable law (“Confidential Information”). The party receiving Confidential Information (“Receiving Party”) of the other (“Disclosing Party”) shall not, and shall cause its employees and agents who are authorized to receive Confidential Information, not to, use Confidential Information for any purpose except as necessary to implement, perform or enforce this AGREEMENT or comply with its legal obligations. Receiving Party will use the same reasonable efforts to protect the Confidential Information of Disclosing Party as it uses to protect its own proprietary information and Services Template Page 4 of 31 rev 1/5/2022 8:12:00 AM
data. The Receiving Party will not disclose or release Confidential Information to any third person without the prior written consent of the Disclosing Party, except for where required by law or for authorized employees or agents of the Receiving Party. Prior to disclosing the Confidential Information to its authorized employees or agents, Receiving Party shall inform them of the confidential nature of the Confidential Information and require them to abide by the terms of this AGREEMENT. Receiving Party will promptly notify Disclosing Party if Receiving Party discovers any improper use or disclosure of Confidential Information and will promptly commence all reasonable efforts to investigate and correct the causes of such improper use or disclosure. If Receiving Party believes the Confidential Information must be disclosed under applicable law, Receiving Party may do so provided that, to the extent permitted by law, the other party is given a reasonable notice and opportunity to contest such disclosure or obtain a protective order. Confidential Information does not include information that: (i) is or becomes known to the public without fault or breach of the Receiving Party; (ii) the Disclosing Party regularly discloses to third parties without restriction on disclosure; or (iii) the Receiving Party obtains from a third party without restriction on disclosure and without breach of a non-disclosure obligation. Confidential Information does not include any information that is required to be provided to the public pursuant to the laws of the United States and/or California such as the California Public Records Act, due to the nature of CITY being a local governmental agency.

The non-disclosure and non-use obligations of this AGREEMENT will remain in full force with respect to each item of Confidential Information for a period of ten (10) years after the Receiving Party’s receipt of that item.

8.3. Security.

8.3.1. Implementation. CONSULTANT shall implement commercially reasonable administrative, technical and physical safeguards designed to: (i) ensure the security and confidentiality of data and information provided by the CITY or used in connection with providing services under this AGREEMENT, including data or information about third parties (“CITY’S Data”); (ii) protect against any anticipated threats or hazards to the security or integrity of CITY’S Data; and (iii) protect against unauthorized access to or use of CITY’S Data. CONSULTANT shall review and test such safeguards on no less than an annual basis.

8.3.2. Network. If CONSULTANT makes CITY’S Data accessible through the Internet or other networked environment, CONSULTANT shall be solely responsible for all aspects of Internet use, and shall maintain, in connection with the operation or use of CITY’S Data, adequate technical and procedural access controls and system security requirements and devices, necessary for data privacy, confidentiality, integrity, authorization, authentication and non-repudiation and virus detection and eradication.

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8.3.3. Personal Data. If CONSULTANT processes or otherwise has access to any personal data or personal information on CITY’s behalf when performing CONSULTANT’s services and obligations under this AGREEMENT, then: (i) CITY shall be the data controller (where “data controller” means an entity which alone or jointly with others determines purposes for which and the manner in which any personal data are, or are to be, processed) and CONSULTANT shall be a data processor (where “data processor” means an entity which processes the data only on behalf of the data controller and not for any purposes of its own); (ii) CITY shall ensure that it has obtained all necessary consents and it is entitled to transfer the relevant personal data or personal information to CONSULTANT so that CONSULTANT may lawfully use, process and transfer the personal data and personal information in accordance with this AGREEMENT on CITY’s behalf in order for CONSULTANT to provide the services and perform its other obligations under this AGREEMENT; (iii) CONSULTANT shall process the personal data and personal information only in accordance with any lawful and reasonable instructions given by CITY from time to time and in accordance with the terms of this AGREEMENT; and (iv) each party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data and personal information or its accidental loss, destruction or damage so that, having regard to the state of technological development and the cost of implementing any measures, the measures taken ensure a level of security appropriate to the harm that might result from such unauthorized or unlawful processing or accidental loss, destruction or damage in relation to the personal data and personal information and the nature of the personal data and personal information being protected. If necessary, the parties will cooperate to document these measures taken.

8.3.4. Information Security. CONSULTANT represents and warrants that its collection, access, use, storage, disposal and disclosure of Confidential Information accessed and/or collected from CITY does and will comply with all applicable federal and state privacy and data protection laws. In the event of any security breach, CONSULTANT shall: (a) Provide CITY with the name and contact information for an employee who shall serve as CITY’s primary security contact and shall be available to assist CITY twenty-four (24) hours per day, seven (7) days per week as a contact in resolving obligations associated with a security breach; and (b) Notify CITY of a security breach as soon as practicable, but no later than twenty-four (24) hours after CONSULTANT becomes aware of it. Immediately following CONSULTANT’s notification to CITY of a security breach, the parties shall coordinate with each other to investigate the security breach. CONSULTANT agrees to fully cooperate with CITY in CITY’s handling of the matter. CONSULTANT shall use best efforts to immediately remedy any security breach and prevent any further security breach at CONSULTANT’s own expense in accordance with applicable privacy rights, laws, regulations and standards. CONSULTANT agrees to provide, at its expense, up to one year of credit monitoring services to third parties impacted by any data breach involving the loss of personally identifiable information.

8.4. Indemnity. CONSULTANT shall defend (with counsel acceptable to CITY), indemnify and hold CITY harmless from and against all claims, actions, proceedings, losses, costs (including attorney fees and other charges), liabilities, damages, judgments, settlements, and court awarded attorney’s fees resulting from, arising out of or related to a security or data breach unless the breach is proven to be caused solely by CITY. The terms of this section shall survive termination of this AGREEMENT. For purposes of this provision, “security breach” means any act or omission that compromises either the security, confidentiality, or integrity of Confidential Information or the physical, technical, administrative or organizational safeguards put in place by CONSULTANT or any authorized persons that relate to the protection of the security, confidentiality or integrity of Confidential Information or a breach or alleged breach of this AGREEMENT relating to such privacy practices or privacy obligations imposed by any applicable law.

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8.5. Notice and Remedy of Breaches. Each party shall promptly give notice to the other of any actual or suspected breach by it of any of the provisions of Section 8 of this AGREEMENT, whether or not intentional, and the breaching party shall, at its expense, take all steps reasonably requested by the other party to prevent or remedy the breach.

8.6. Enforcement. Each party acknowledges that any breach of any of the provisions of Section 8 of this AGREEMENT may result in irreparable injury to the other for which money damages would not adequately compensate. If there is a breach, then the injured party shall be entitled, in addition to all other rights and remedies which it may have, to have a decree of specific performance or an injunction issued by any competent court, requiring the breach to be cured or enjoining all persons involved from continuing the breach.

9. CONFLICTS OF INTEREST.

9.1. CONSULTANT shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including but not limited to California Government Code Section 81000 et seq. (Political Reform Act) and Section 1090 et seq. CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. CONSULTANT represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the CITY.

9.2. If, in performing the PROFESSIONAL SERVICES set forth in this AGREEMENT, the CONSULTANT makes, or participates in, a “governmental decision” as described in Title 2, Section 18700.3(a) of the California Code of Regulations, or performs the same or substantially all the same duties for the CITY that would otherwise be performed by a CITY employee holding a position specified in the department's conflict of interest code, the CONSULTANT shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the CONSULTANT’s relevant financial interests.

9.3. If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act. Specifically, the CONSULTANT shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the CITY’s determination that the CONSULTANT is subject to a conflict of interest code. The CONSULTANT shall also file a Form 700 (Annual Statement) on or before April 1 of each year of the AGREEMENT, disclosing any financial interests held during the previous calendar year for which the CONSULTANT was subject to a conflict of interest code.

9.4. CITY represents that pursuant to California Government Code Section 1090 et seq., none of its elected officials, officers, or employees has an interest in this AGREEMENT.

10. DISPOSITION AND OWNERSHIP OF DOCUMENTS.

10.1. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this AGREEMENT, whether paper or electronic, shall become the property of CITY for use with respect to this PROJECT, and shall be turned over to the CITY upon completion of the PROJECT or any phase thereof, as contemplated by this AGREEMENT.

10.2. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this AGREEMENT, except upon the CITY’s prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. □
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11. INSURANCE

11.1. CONSULTANT shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONSULTANT, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” unless otherwise approved in writing by the CITY’s Risk Manager.

11.2. CONSULTANT’s liabilities, including but not limited to CONSULTANT’s indemnity obligations, under this AGREEMENT, shall not be deemed limited in any way to the insurance coverage required herein.

All policies of insurance required hereunder must provide that the CITY is entitled to thirty (30) days prior written notice of cancellation or non-renewal of the policy or policies, or ten (10) days prior written notice for cancellation due to non-payment of premium. Maintenance of specified insurance coverage is a material element of this AGREEMENT.

11.3. Types and Amounts Required. CONSULTANT shall maintain, at minimum, the following insurance coverage for the duration of this AGREEMENT:

11.3.1. Commercial General Liability (CGL). If checked the CONSULTANT shall maintain CGL Insurance written on an ISO Occurrence form or equivalent providing coverage at least as broad as CG 00 01 which shall cover liability arising from any and all personal injury or property damage, including ongoing and completed operations, in the amount no less than $2,000,000.00 per occurrence and subject to an annual aggregate of $3,000,000.00. If limits apply separately to this project (CG 25 03 or 25 04) the general aggregate limit shall not apply. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.

All defense costs shall be outside the limits of the policy. If the CONSULTANT or subcontractor maintains higher limits than the limits shown above, the CITY shall be entitled to coverage for the higher limits maintained by the CONSULTANT and their subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. Any excess or umbrella policies being used to meet the required limits of insurance will be evaluated separately and must meet the same qualifications as the CONSULTANT’s primary policy.

11.3.2. Commercial Automobile Liability. If checked the CONSULTANT shall maintain Commercial Automobile Liability Insurance for all of the CONSULTANT's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit no less than $1,000,000.00 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).

11.3.3. Workers' Compensation. If checked the CONSULTANT shall maintain Worker’s Compensation insurance for all of the CONSULTANT's employees who are subject to this AGREEMENT and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000.00 employers' liability coverage.

The CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.

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11.3.4. Professional Liability. If checked the CONSULTANT shall also maintain Professional Liability (errors and omissions) coverage with a limit no less than $1,000,000 per claim and $2,000,000 annual aggregate. The CONSULTANT shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this AGREEMENT whichever occurs last. The CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss. All defense costs shall be outside the limits of the policy. If CONSULTANT maintains higher limits than the limits shown above, the CITY shall be entitled to coverage for the higher limits maintained by the CONSULTANT. Any available proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

11.3.5. Cyber Liability. If checked the CONSULTANT shall also maintain Cyber Liability coverage on an occurrence basis with a limit of $1,000,000.00 per occurrence or claim and $2,000,000 annual aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by CONSULTANT in this AGREEMENT and shall include claims involving infringement of intellectual property, infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to such obligations. All defense costs shall be outside the limits of the policy.

11.4. Self-Insured Retentions. Any self-insured retentions are the responsibility of the CONSULTANT and must be declared to and approved by the CITY. At the option of the CITY, either (1) the insurer shall reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees and volunteers, or (2) the CONSULTANT shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

11.5. Additional Required Provisions. The commercial general liability, including any excess or umbrella policies being used to meet the required limits of insurance, and automobile liability policies shall contain, or be endorsed to contain, the following provisions:

11.5.1. The CITY, its officers, officials, employees, and representatives shall be named as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts, or equipment furnished in connection with such work or operations. The CITY's additional insured status must be reflected on additional insured endorsement form (20 10 1185 or 20 10 1001 and 20 37 1001) which shall be submitted to the CITY.

11.5.2. The policies are primary and non-contributory to any insurance that may be carried by the CITY, as reflected in an endorsement at least as broad as CG 20 01 04 13 which shall be submitted to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or representatives shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

11.6. Verification of Coverage. CONSULTANT shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this Section 11, as well as a complete, certified copy of any general liability policy being used to meet the required limits of insurance, which shall include the declaration pages, a schedule of forms listing all policy endorsements, and all policy forms. The endorsements should be on forms approved by the CITY or on other than the CITY’s forms provided those endorsements conform to CITY requirements. All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

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11.7. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances.

12. INDEMNIFICATION.

CONSULTANT agrees to indemnify, defend (with counsel acceptable to CITY), and hold harmless the CITY, and its officers, officials, agents and employees from any and all claims, demands, costs or liabilities that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its employees, agents, and subcontractors in the performance of or failure to perform services or obligations under this AGREEMENT. CONSULTANT’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the CITY or its elected officials, officers, agents, and employees.

CONSULTANT's indemnification obligations shall not be limited by the insurance provisions of this AGREEMENT.

The PARTIES expressly agree that any payment, attorney's fees, costs or expense CITY incurs or makes to or on behalf of an injured employee under the CITY's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this AGREEMENT.

13. SUBCONTRACTORS.

13.1. The CONSULTANT’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the PROJECT is subject to prior written approval by the CITY.

13.2. All contracts entered into between the CONSULTANT and its subcontractor shall also provide that each subcontractor shall obtain insurance policies which shall be kept in full force and effect during any and all work on this PROJECT and for the duration of this AGREEMENT. The CONSULTANT shall require the subcontractor to obtain, all policies described in Section 11 in the amounts required by the CITY, which shall not be greater than the amounts required of the CONSULTANT.

13.3. In any dispute between the CONSULTANT and its subcontractor, the CITY shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The CONSULTANT agrees to defend and indemnify the CITY as described in Section 12 of this AGREEMENT should the CITY be made a party to any judicial or administrative proceeding to resolve any such dispute.

14. NON-DISCRIMINATION.

CONSULTANT shall not discriminate against any employee or applicant for employment because of sex, race, color, age, religion, ancestry, national origin, military or veteran status, disability, medical condition, genetic information, gender expression, marital status, or sexual orientation. CONSULTANT shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their sex, race, color, age, religion, ancestry, national origin, military or veteran status, disability, medical condition, genetic information, gender expression, marital status, or sexual orientation and shall make reasonable accommodation to qualified individuals with disabilities or medical conditions. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by CITY setting forth the provisions of this non-discrimination clause.

15. NOTICES.

All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States mail, postage prepaid and properly addressed as noted below.

Dan King, Assistant City Manager
City of Solana Beach
635 S. Highway 101
Solana Beach, CA 92075
Rebecca Nussbaum, Chief Program Officer
Community Resource Center
650 Second Street
Encinitas, CA 92024
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16. ASSIGNABILITY.

This AGREEMENT and any portion thereof shall not be assigned or transferred, nor shall any of the CONSULTANT’s duties be delegated or sub-contracted, without the express written consent of the CITY.

17. RESPONSIBILITY FOR EQUIPMENT.

CITY shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by CONSULTANT or any of CONSULTANT’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to CONSULTANT by CITY. The acceptance or use of any such equipment by CONSULTANT, CONSULTANT’s employees, or subcontractors shall be construed to mean that CONSULTANT accepts full responsibility for and agrees to exonerate, defend, indemnify and hold harmless CITY from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.

18. CALIFORNIA LAW; VENUE.

This AGREEMENT shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this AGREEMENT shall be brought in the county of San Diego, California. CONSULTANT hereby waives any and all rights it might have pursuant to California Code of Civil Procedure Section 394.

19. COMPLIANCE WITH LAWS.

The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this AGREEMENT whether now in force or subsequently enacted. This includes maintaining a City of Solana Beach Business Certificate.

20. ENTIRE AGREEMENT.

This AGREEMENT sets forth the entire understanding of the PARTIES with respect to the subject matters herein.

There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein. No change, alteration, or modification of the terms or conditions of this AGREEMENT, and no verbal understanding of the PARTIES, their officers, agents, or employees shall be valid unless agreed to in writing by both PARTIES.

21. NO WAIVER.

No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this AGREEMENT, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this AGREEMENT shall constitute a waiver of any such breach of such covenant, term or condition.

22. SEVERABILITY.

The unenforceability, invalidity, or illegality of any provision of this AGREEMENT shall not render any other provision unenforceable, invalid, or illegal.

23. DRAFTING AMBIGUITIES.

The PARTIES agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this AGREEMENT, and the decision of whether or not to seek advice of counsel with respect to this AGREEMENT is a decision which is the sole responsibility of each Party. This AGREEMENT shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the AGREEMENT.

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24. CONFLICTS BETWEEN TERMS.

If an apparent conflict or inconsistency exists between the main body of this AGREEMENT and the Exhibits, the main body of this AGREEMENT shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this AGREEMENT, the law, rule, regulation, order, or code shall control.

Varying degrees of stringency among the main body of this AGREEMENT, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this AGREEMENT.\

25. COUNTY OF SAN DIEGO CLAUSES

25.1The Community Development Block Grant (CDBG) Program provides annual grants on a formula basis to states, cities, and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities primarily for low- and moderateincome persons and families. Supplemental Coronavirus Aid, Relief, and Economic Security (CARES) Act funding was allocated the CDBG Program (known as CDBG-CV) through the U.S. Department of Housing and Urban Development (HUD) specifically to address funding needs associated with the COVID-19 pandemic. The County of San Diego’s Health and Human Services Agency (County) is administering these funds as the grantee for the San Diego Urban County Region.

25.2 The CONSULTANT shall comply with the Standard Terms and Conditions required of the CITY in Articles 3, 7, 8, 9, 10, 11, 12, 13, 14 and 16 as set forth in County Contract Number (#Insert Number) attached as Exhibit “B” Agreement Between the County of San Diego and the City of Solana Beach.

25.3The City, as the primary contractor on the County contract (Exhibit “B”), shall serve as the primary agency providing services as identified and outlined in the County contract Scope of Work, shall act in the role and capacity of fiscal entity and funds recipient and shall monitor the CONSULTANT for programmatic performance in association with the services herein and implement corrective action where needed.

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26. EXHIBITS INCORPORATED.

All Exhibits referenced in this AGREEMENT are incorporated into the AGREEMENT by this reference.

27. SIGNING AUTHORITY.

27.1. The representative for each Party signing on behalf of a corporation, partnership, joint venture, association, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, association, or entity and agrees to hold the other Party or PARTIES hereto harmless if it is later determined that such authority does not exist.

27.2. If checked, a proper notary acknowledgement of execution by CONSULTANT must be attached.

IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year first hereinabove written.

CITY OF SOLANA BEACH, a municipal corporation COMMUNITY RESOURCE CENTER, a California nonprofit corporation
By: By:

City Manager, Gregory Wade John Van Cleef, CEO
ATTEST:

City Clerk. Angela Ivey
APPROVED AS TO CONTENT:

Dan King, Assistant City Manager
APPROVED AS TO FORM:

City Attorney, Johanna N. Canlas
□
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SCOPE OF SERVICES AND FEE
CONSULTANT shall administer and perform services including but not necessarily limited to, as specified below:

GOAL: The project goal is to reduce food insecurity by providing healthy food to approximately 24 low-income households of Solana Beach who are currently impacted by the Coronavirus pandemic.

MEASURABLE 1: CRC will facilitate 250 visits by Solana Beach residents to its Food and Nutrition Center for food insecurity support.

MEASURABLE 2: CRC will offer transportation assistance to 100% Solana Beach participants to access the Food and Nutrition Center.

MEASURABLE 3: CRC will engage in a minimum of 10 outreach engagements to promote the Food and Nutrition Center access for Solana Beach residents.

PROJECT TIMELINE
The Food and Nutrition Center is an ongoing program and will serve Solana Beach residents during regular hours of operation throughout the grant term. The project timeline is from July 1, 2021 through June 30, 2022.

Invoices and reports are due no more than 15 days after the end of each quarter. Year-end reports and invoices are due no later than July 15, 2022.

REPORTING REQUIREMENTS

1. Demographic reporting: Provide quarterly, and year-end, summary demographic reports on number of persons served by the project and related demographic data on a City-provided reporting form with data requirements in accordance with the County Agreement in Exhibit B and in accordance with all federal, state and local regulations governing the implementation of the Department of Housing and Urban Development Community Development Block Grant-Coronavirus funding program.

2. Progress reporting: Provide quarterly, and year-end, summary narrative reports on progress made in achieving the project goal and performance objectives described above on a City-provided reporting form with data requirements in accordance with the County Agreement in Exhibit B and in accordance with all federal, state and local regulations governing the implementation of the Department of Housing and Urban Development Community Development Block Grant-Coronavirus funding program.

FEE

ITEM AMOUNT
Food and Nutrition Center – Personnel Wages $12,500
Food and Nutrition Center – Personnel Benefits (33%) $4,125 Food and Nutrition Center – Occupancy $4,825
Food and Nutrition Center – Travel $1,864
Food and Nutrition Center – Supplies (including Outreach) $2,700 Food and Nutrition Center – Transportation Assistance $1,000 Food and Nutrition Center – Indirect Costs $2,701
TOTAL $29,715
Services Template Page 14 of 31 rev 1/5/2022 8:12:00 AM EXHIBIT “B”
Agreement Between the County of San Diego and the City of Solana Beach This agreement (“Agreement”) is made and entered into effective as of the date of the last signature on the signature page by and between the County of San Diego, a political subdivision of the State of California (“County”) and [# enter full corporate title, describe company, located at (complete address)] (“Contractor”), with reference to the following facts:

RECITALS
A. The County, by action of the Board of Supervisors Minute Order No. [#] authorized the Agency Director, or designee, Health and Human Services Agency, to award a contract for the Community Development Block Grant Program.

B. Contractor is specially trained and possesses certain skills, experience, education and competency to perform these services.

C. The Chief Administrative Officer made a determination that Contractor can perform the services more economically and efficiently than the County, pursuant to Section 703.10 of the County Charter.

D. The Agreement shall consist of this document, Exhibit A Statement of Work, Exhibit A-1 Contractor’s Proposal, Exhibit B Payment Schedule, Attachment 1 Additional Terms and Conditions, Attachment 2 Sample Income Data, Attachment 3 Additional Terms and Conditions: Section 3 of the Housing and Urban Development Act, and Exhibit C Insurance Requirements. In the event that any provision of the Agreement or its Exhibits, A, A-1, or B conflicts with any other term or condition, precedence shall be: First (1st) the Agreement; Second (2nd) Exhibit A; Third (3rd) Exhibit B; and fourth (4th) Exhibit A-1.

NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

ARTICLE 1

PERFORMANCE OF WORK

1.1 Standard of Performance. Contractor shall, in good and workmanlike manner and in accordance with the highest professional standards, at its own cost and expense, furnish all of the labor, technical, administrative, professional and all other personnel, all supplies and materials, equipment, printing, transportation, training, facilities, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by County, necessary or proper to perform and complete the work and provide the services required of Contractor by this Agreement.

1.2 Contractor’s Representative. The person identified on the signature page (“Contractor’s Representative”) shall ensure that Contractor’s duties under this Agreement shall be performed on behalf of the Contractor by qualified personnel; Contractor represents and warrants that (1) Contractor has fulfilled all applicable requirements of the laws of the State of California to perform the services under this Agreement and (2) Contractor’s Representative has full authority to act for Contractor hereunder. Contractor and County recognize that the services to be provided by Contractor’s Representative pursuant to this Agreement are unique: accordingly, Contractor’s Representative shall not be changed during the Term of the Agreement without County’s written consent. County reserves the right to terminate this Agreement pursuant to Clause 7.1 “Termination for Default”, if Contractor’s Representative should leave Contractor’s employ, or if, in County’s judgment, the work hereunder is not being performed by Contractor’s Representative.

1.3 Contractor as Independent Contractor. Contractor is, for all purposes of this Agreement, an independent contractor, and neither Contractor nor Contractor’s employees or subcontractors shall be deemed to be employees of the County.

Contractor shall perform its obligations under this Agreement according to the Contractor’s own means and methods of work, which shall be in the exclusive charge and under the control of the Contractor, and which shall not be subject to control or supervision by County except as to the results of the work. County hereby delegates to Contractor any and all responsibility for the safety of Contractor’s employees, which shall include inspection of property to identify potential hazards. Neither Contractor nor Contractor’s employees or subcontractors shall be entitled to any benefits to which County employees are entitled, including without limitation, overtime, retirement benefits, workers’ compensation benefits and injury leave.

1.4 Contractor’s Agents and Employees or Subcontractors. Contractor shall obtain, at Contractor’s expense, all agents, employees, subcontractors, and consultants required for Contractor to perform its duties under this Agreement, and all such services shall be performed by Contractor’s Representative, or under Contractor’s Representatives’ supervision, by persons authorized by law to perform such services. Retention by Contractor of any agent, employee, subcontractor, or consultant shall be at Contractor’s sole cost and expense, and County shall have no obligation to pay Contractor’s agents, employees Services Template Page 15 of 31 rev 1/5/2022 8:12:00 AM subcontractors, or consultants; to support any such person’s or entity’s claim against the Contractor; or to defend Contractor against any such claim.

In the event any subcontractor or consultant is utilized by Contractor for any portion of the project, Contractor retains the prime responsibility for carrying out all the terms of this Agreement, including the responsibility for performance and ensuring the availability and retention of records of subcontractors and consultants in accordance with this Agreement.

1.4.1 “Related Subcontract” means an agreement to furnish, or the furnishing of, supplies, materials, equipment, or services of any kind to Contractor or any higher tier subcontractor in the performance of some or all of the work in this Agreement. Related Subcontracts includes consultant agreements, which are defined as agreements for services rendered, or the rendering of services, by persons who are members of a particular profession or possess as special skill and who are not officers or employees of the Contractor. Examples include those services acquired by Contractor or a subcontractor in order to enhance their legal, economic, financial, or technical positions.

Professional and consultant services are generally acquired to obtain information, advice, opinions, alternatives, conclusions, recommendations, training or direct assistance, such as studies, analyses, evaluations, liaison with government officials, or other forms or representation. Related Subcontracts shall not include agreements for ancillary goods or services, or consulting services intended to support Contractor in a general manner not specific to the work performed under this Agreement.

1.4.2 Mandated Clause: Contractor shall notify all Related Subcontractors of Contractor's relationship to County.

Contractor shall include in its Related Subcontracts and ensure compliance with the Standard Terms and Conditions required of Contractor in Articles 3, 7, 8, 9, 10, 11, 12, 13, 14 and 16 herein.

1.4.3 Contractor shall provide Contracting Officer Representative with copies of all Related Subcontracts entered into by Contractor within thirty (30) days after the effective date of the Related Subcontract, or within thirty (30) days of the effective date of this Agreement if such Related Subcontract is already in existence at that time.

1.4.4 County Approval: Any Related Subcontract that is in excess of fifty thousand dollars ($50,000) or twenty five percent (25%) of the value of this Agreement, whichever is less; or a combination of Related Subcontracts to the same individual or firm for the Agreement period, the aggregate of which exceeds fifty thousand dollars ($50,000) or twenty five percent (25%) of the value of this Agreement, whichever is less; or any Related Subcontract for professional medical or mental health services, regardless of value, must have prior concurrence of the Contracting Officer’s Representative (“COR”).

1.5 Offshore Prohibition. Except where Contractor obtains the County’s prior written approval, Contractor shall perform the work of this Agreement only from or at locations within the United States. Any County approval for the performance of work outside of the United States shall be limited to the specific instance and scope of such written approval, including the types of work and locations involved. Notwithstanding the foregoing, this Section shall not restrict the country or countries of origin of any assets purchased to provide the work hereunder; provided that when such assets are used to provide the work, such assets shall be used only from or at locations within the geographic boundaries of the United States.

ARTICLE 2

SCOPE OF WORK

2.1 Statement of Work. Contractor shall perform the work described in the “Statement of Work” attached as Exhibit “A” to this Agreement, and by this reference incorporated herein, except for any work therein designated to be performed by County.

2.2 Right to Acquire Equipment and Services. Nothing in this Agreement shall prohibit the County from acquiring the same type or equivalent equipment and/or service from other sources, when deemed by the County to be in its best interest.

2.3 Responsibility for Equipment. For cost reimbursement agreements, County shall not be responsible nor be held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Contractor or any of Contractor's employees, even though such equipment may be furnished, rented, or loaned to Contractor by County. The acceptance or use of any such equipment by Contractor or Contractor's employees shall be construed to mean that Contractor accepts full responsibility for and agrees to exonerate, indemnify and hold harmless County from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment, whether such damage be to the employee or property of Contractor, other Contractors, County, or other persons. Equipment includes, but is not limited to material, computer hardware and software, tools, or other things.

2.3.1 Contractor shall repair or replace, at Contractor’s expense, all County equipment or fixed assets that are damaged or lost as a result of Contractor negligence.

2.4 Non-Expendable Property Acquisition. County retains title to all non-expendable property provided to Contractor by County, or which Contractor may acquire with funds from this Agreement if payment is on a cost reimbursement basis, Services Template Page 16 of 31 rev 1/5/2022 8:12:00 AM including property acquired by lease purchase Agreement. Contractor may not expend funds under this Agreement for the acquisition of non-expendable property having a unit cost of $5,000 or more and a normal life expectancy of more than one year without the prior written approval of Contracting Officer Representative. Contractor shall maintain an inventory of non-expendable equipment, including dates of purchase and disposition of the property. Inventory records on nonexpendable equipment shall be retained, and shall be made available to the County upon request, for at least three years following date of disposition. Non-expendable property that has value at the end of the Agreement (e.g. has not been depreciated so that its value is zero), and to which the County may retain title under this paragraph, shall be disposed of at the end of the Agreement as follows: At County's option, it may: 1) have Contractor deliver to another County contractor or have another County contractor pick up the non-expendable property; 2) allow the contractor to retain the non-expendable property provided that the contractor submits to the County a written statement in the format directed by the County of how the non-expendable property will be used for the public good; or 3) direct the Contractor to return to the County the nonexpendable property.

ARTICLE 3

DISENTANGLEMENT

3.1 General Obligations.

At County’s discretion, Contractor shall accomplish a complete transition of the services as set forth in Exhibit A to this Agreement (for purposes of this Article 3.1, these shall be referred to as the “Disentangled Services”) being terminated from Contractor and the Subcontractors to County, or to any replacement provider designated by County, without any interruption of or adverse impact on the Disentangled Services or any other services provided by third parties. This process shall be referred to as the Disentanglement. Contractor shall fully cooperate with County and any new service provider and otherwise promptly take all steps, including, but not limited to providing to County or any new service provider all requested information or documentation, required to assist County in effecting a complete Disentanglement. Contractor shall provide all information or documentation regarding the Disentangled Services or as otherwise needed for Disentanglement, including, but not limited to, data conversion, client files, interface specifications, training staff assuming responsibility, and related professional services. Contractor shall provide for the prompt and orderly conclusion of all work required under the Agreement, as County may direct, including completion or partial completion of projects, documentation of work in process, and other measures to assure an orderly transition to County or the County’s designee of the Disentangled Services. All Contractor work done as part of the Disentanglement shall be performed by Contractor and will be reimbursed by the County at no more than Contractor’s costs, up to the total amount of this Agreement. Contractor shall not receive any additional or different compensation for the work otherwise required by the Agreement. Contractor’s obligation to provide the Services shall not cease until the earlier of the following: 1) The Disentanglement is satisfactory to County, including the performance by Contractor of all asset-transfers and other obligations of Contractor provided in this Paragraph, has been completed to the County’s reasonable satisfaction or 2) twelve (12) months after the Expiration Date of the Agreement.

3.2 Disentanglement Process.

The Disentanglement process shall begin on any of the following dates: (i) the date County notifies Contractor that no funds or insufficient funds have been appropriated so that the Term shall be terminated pursuant to the Agreement, Article 7; (ii) the date designated by County not earlier than sixty (60) days prior to the end of any initial or extended term that County has not elected to extend pursuant to the Agreement’s, Signature Page, Agreement Term; or (iii) the date any Termination Notice is delivered, if County elects to terminate any or all of the Services pursuant to the Agreement, Article 7. Subject to Exhibit A Contractor’s obligation to perform Disentangled Services, and County’s obligation to pay for Disentangled Services, shall expire: (A) when funds appropriated for payment under this Agreement are exhausted, as provided in this Agreement, Article 7; (B) at the end of the initial or extended term set forth in this Agreement’s, Signature Page, Agreement Term; or (C) on the Termination Date, pursuant to this Agreement, Article 7 (with the applicable date on which Contractor’s obligation to perform the Services expires being referred to herein as the “Expiration Date”). Contractor and County shall discuss in good faith a plan for determining the nature and extent of Contractor’s Disentanglement obligations and for the transfer of the Disentangled Services in process provided, however, that Contractor’s obligation under this Agreement to provide all Disentangled Services shall not be lessened in any respect.

3.3 Specific Obligations.

The Disentanglement shall include the performance of the following specific obligations:

3.3.1 No Interruption or Adverse Impact
Contractor shall cooperate with County and all of the County’s other service providers to ensure a smooth transition at the time of Disentanglement, with no interruption of Disentangled Services or other work required under the Agreement, no adverse impact on the provision of Disentangled Services or other work required under the Agreement or County’s activities, no interruption of any services provided by third parties, and no adverse impact on the provision of services provided by third parties.

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3.3.2 Third-Party Authorizations.

Without limiting the obligations of Contractor pursuant to any other clause in Exhibit A herein, Contractor shall, subject to the terms of any third-party agreements, procure at no charge to County any third-party authorizations necessary to grant County the use and benefit of any third-party agreements between Contractor and third-party contractors used to provide the Disentangled Services, pending their assignment to County. Similarly, at County’s direction, Contractor shall obtain all legally necessary client consents or authorizations legally necessary to transfer client data to County or any new service provider.

3.3.3 Return, Transfer and Removal of Assets.

3.3.3.1 Contractor shall return to County all County assets in Contractor’s possession, pursuant to Paragraph 2.4 of the Agreement.

3.3.3.2 County shall be entitled to purchase at net book value those Contractor assets used for the provision of Disentangled Services to or for County, other than those assets expressly identified by the Parties as not being subject to this provision. Contractor shall promptly remove from County’s premises, or the site of the work being performed by Contractor for County, any Contractor assets that County, or its designee, chooses not to purchase under this provision.

3.3.4 Transfer of Leases, Licenses, and Agreements.

Contractor, at its expense, shall convey or assign to County or its designee such fully-paid leases, licenses, and other agreements used by Contractor, County, or any other Person in connection with the Disentangled Services, as County may select, when such leases, licenses, and other agreements have no other use by Contractor. Contractor’s obligation described herein, shall include Contractor’s performance of all obligations under such leases, licenses, and other agreements to be performed by it with respect to periods prior to the date of conveyance or assignment and Contractor shall reimburse County for any losses resulting from any claim that Contractor did not perform any such obligations.

3.3.5 Delivery of Documentation.

Contractor shall deliver to County or its designee, at County’s request, all documentation and data related to County, including, but not limited to, the County Data and client files, held by Contractor, and Contractor shall destroy all copies thereof not turned over to County, all at no charge to County. Notwithstanding the foregoing, Contractor may retain one (1) copy of the documentation and data, excluding County Data, for archival purposes or warranty support, and Contractor may maintain records that it is legally required to maintain.

3.4 Findings Confidential. Any reports, information, data, etc., given to or prepared or assembled by Contractor under this Agreement that the County requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County.

3.5 Publication, Reproduction or Use of Materials. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other country. The County shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. All reports, data and other materials prepared under this Agreement shall be the property of the County upon completion of this Agreement.

ARTICLE 4

COMPENSATION
[INSERT APPROPRIATE COMPENSATION CLAUSE]
ARTICLE 5

AGREEMENT ADMINISTRATION

5.1 County’s Agreement Administrator. The Director of Purchasing and Contracting is designated as the Contracting officer ("Contracting Officer") and is the only County official authorized to make any Changes to this Agreement. The County has designated the individual identified on the signature page as the Contracting Officer's Representative ("COR")

5.1.1 County's COR will chair Contractor progress meetings and will coordinate County's Agreement administrative functions. The COR is designated to receive and approve Contractor invoices for payment, audit and inspect records, inspect Contractor services, and provide other technical guidance as required. The COR is not authorized to change any terms and conditions of this Agreement. Only the Contracting Officer, by issuing a properly executed amendment to this Agreement, may make changes to the scope of work or total price.

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5.1.2 Notwithstanding any provision of this Agreement to the contrary, County’s COR may make Administrative Adjustments (“AA”) to the Agreement, such as line item budget changes or adjustments to the service requirements that do not change the purpose or intent of the Statement of Work, the Terms and Conditions, the Agreement Term or the total Agreement price. Each AA shall be in writing and signed by COR and Contractor. All inquiries about such AA will be referred directly to the COR.

5.2 Agreement Progress Meeting. The COR and other County personnel, as appropriate, will meet periodically with the Contractor to review the Agreement performance. At these meetings the COR will apprise the Contractor of how the County views the Contractor's performance and the Contractor will apprise the County of problems, if any, being experienced. The Contractor shall also notify the Contracting Officer (in writing) of any work being performed, if any, that the Contractor considers being over and above the requirements of the Agreement. Appropriate action shall be taken to resolve outstanding issues. The minutes of these meetings will be reduced to writing and signed by the COR and the Contractor. Should the Contractor not concur with the minutes, the Contractor shall set out in writing any area of disagreement. Appropriate action will be taken to resolve any areas of disagreement.

ARTICLE 6

CHANGES

6.1 Contracting Officer. The Contracting Officer may at any time, by a written order, make changes ("Changes"), within the general scope of this Agreement, in the definition of services to be performed, and the time (i.e.) hours of the day, days of the week, etc. and place of performance thereof. If any such Change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Agreement, whether changed or not changed by such an order, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified in writing accordingly. Such changes may require Board of Supervisors approval.

6.2 Claims. Contractor must assert any claim for adjustment under this clause within thirty (30) days from the date of receipt by the Contractor of the notification of Change; provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Agreement entitled “Disputes” (Article 15). However, nothing in this clause shall excuse the Contractor from proceeding with this Agreement as changed.

ARTICLE 7

SUSPENSION, DELAY AND TERMINATION

7.1 Termination for Default. Upon Contractor's breach of this Agreement, County shall have the right to terminate this Agreement, in whole or part. Prior to termination for default, County will send Contractor written notice specifying the cause. The notice will give Contractor ten (10) days from the date the notice is issued to cure the default or make progress satisfactory to County in curing the default, unless a different time is given in the notice. If County determines that the default contributes to the curtailment of an essential service or poses an immediate threat to life, health or property, County may terminate this Agreement immediately upon issuing oral or written notice to the Contractor without any prior notice or opportunity to cure. In the event of termination under this Article, all finished or unfinished documents, and other materials, prepared by Contractor under this Agreement shall become the sole and exclusive property of County.

In the event of such termination, the County may purchase or obtain the supplies or services elsewhere, and Contractor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the County. The prevailing market price shall be considered the fair repurchase price. Notwithstanding the above, Contractor shall not be relieved of liability to County for damages sustained by County by virtue of any breach of this Agreement by Contractor, and County may withhold any reimbursement to Contractor for the purpose of off-setting until such time as the exact amount of damages due County from Contractor is determined.

If, after notice of termination of this Agreement under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall, if this Agreement contains a clause providing for termination for convenience of the County, be the same as if the notice of termination had been issued pursuant to such clause.

7.2 Damages for Delay. If Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as shall ensure its completion within the time specified in this Agreement, or any extension thereof, or fails to complete said work within such time, County will be entitled to the resulting damages caused by the delay. Damages will be the cost to County incurred as a result of continuing the current level and type of service over that cost that would be incurred had the Agreement segments been completed by the time frame stipulated and any other damages suffered by County.

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7.3 County Exemption from Liability. In the event there is a reduction of funds made available by County to Contractor under this or subsequent agreements, the County of San Diego and its Departments, officers and employees shall incur no liability to Contractor and shall be held harmless from any and all claims, demands, losses, damages, injuries, or liabilities arising directly or from such action.

7.4 Full Cost Recovery of Investigation and Audit Costs. Contractor shall reimburse County of San Diego for all direct and indirect expenditures incurred in conducting an audit/investigation when Contractor is found in violation (material breach) of the terms of the Agreement.

At the sole discretion of the County, and subject to funding source restrictions and federal and State law, County may (1) withhold reimbursement for such costs from any amounts due to Contractor pursuant to the payment terms of the Agreement, (2) withhold reimbursement for such costs from any other amounts due to Contractor from County, and/or (3) require Contractor to remit a check for the total amount due (or a lesser amount specified by the County) to County within thirty (30) days of request by County. Alternatively, at the County’s sole discretion, County and Contractor may enter into a written repayment plan for the reimbursement of the audit/investigation costs.

7.5 Termination for Convenience. The County may, by written notice stating the extent and effective date terminate this Agreement for convenience in whole or in part, at any time. The County shall pay the Contractor as full compensation for work performed in accordance with the terms of this Agreement until such termination:

7.5.1 The unit or pro rata price for any delivered and accepted portion of the work.

7.5.2 A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as approved by the County, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price.

7.5.3 In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated.

7.5.4 County’s termination of this Agreement for convenience shall not preclude County from taking any action in law or equity against Contractor for:

7.5.4.1 Fraud, waste or abuse of Agreement funds, or

7.5.4.2 Improperly submitted claims, or

7.5.4.3 Any failure to perform the work in accordance with the Statement of Work, or

7.5.4.4 Any breach of any term or condition of the Agreement, or

7.5.4.5 Any actions under any warranty, express or implied, or

7.5.4.6 Any claim of professional negligence, or

7.5.4.7 Any other matter arising from or related to this Agreement, whether known, knowable or unknown before, during or after the date of termination.

7.6 Suspension of Work. The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this Agreement for the period of time that the Contracting Officer determines appropriate for the convenience of the Government. County reserves the right to prohibit, without prior notice, contractor or contractor's employees, directors, officers, agents, subcontractors, vendors, consultants or volunteers from 1) accessing County data systems and County owned software applications, including websites, domain names, platforms, physical files, 2) treating County’s patients, clients, or facility residents, or 3) providing any other services under this Agreement.

7.7 Remedies Not Exclusive. The rights and remedies of County provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law, equity, or under resulting order.

ARTICLE 8

COMPLIANCE WITH LAWS AND REGULATIONS

8.1 Compliance with Laws and Regulations. Contractor shall at all times perform its obligations hereunder in compliance with all applicable federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. Contractor shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health and sanitation.

8.2 Contractor Permits and License. Contractor certifies that it possesses and shall continue to maintain or shall cause to be obtained and maintained, at no cost to the County, all approvals, permissions, permits, licenses, and other forms of documentation required for it and its employees to comply with all existing foreign or domestic statutes, ordinances, and Services Template Page 20 of 31 rev 1/5/2022 8:12:00 AM regulations, or other laws, that may be applicable to performance of services hereunder. The County reserves the right to reasonably request and review all such applications, permits, and licenses prior to the commencement of any services hereunder.

8.3 Equal Opportunity. Contractor shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall Contractor discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual’s race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status.

8.4 Affirmative Action. Each Contractor of services and supplies employing fifteen (15) or more full-time permanent employees, shall comply with the Affirmative Action Program for Vendors as set forth in Article IIIk (commencing at Section 84) of the San Diego County Administrative Code, which program is incorporated herein by reference. A copy of this Affirmative Action Program will be furnished upon request by COR or from the County of San Diego Internet web-site (www.co.san-diego.ca.us).

8.5 Non-Discrimination. Contractor shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, physical or mental disability, political affiliation or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C 2000d), Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C 324), Section 504 of the Rehabilitation Act of 1973, The Civil Rights Restoration Act of 1987 (P.L. 100-209), Executive Order 12898 (February 11, 1994), Executive Order 13166 (August 16, 2000), Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000-e), the Age Discrimination Act of 1975 (42 U.S.C. 6101), Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code, Title 9, Division 4, Chapter 6 (Section 10800, et seq) of the CCR and California Dept of Social Services Manual of Policies and Procedures (CDSS MPP) Division 19.

8.6 AIDS Discrimination. Contractor shall not deny any person the full and equal enjoyment of, or impose less advantageous terms, or restrict the availability of, the use of any County facility or participation in any County funded or supported service or program on the grounds that such person has Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS) as those terms are defined in Title 3, Division 2, Chapter 8, Section 32.803, of the San Diego County Code of Regulatory Ordinances.

8.7 American with Disabilities Act (ADA) 1990. Contractor shall not discriminate against qualified people with disabilities in employment, public services, transportation, public accommodations and telecommunications services in compliance with the Americans with Disabilities Act (ADA) and California Administrative Code Title 24.

8.8 Political Activities Prohibited. None of the funds, provided directly or indirectly, under this Agreement shall be used for any political activities or to further the election or defeat of any candidate for public office. Contractor shall not utilize or allow its name to be utilized in any endorsement of any candidate for elected office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities, or activities for or against the election of a candidate for an elected office.

8.9 Lobbying. Contractor agrees to comply with the lobbying ordinances of the County and to assure that its officers and employees comply before any appearance before the County Board of Supervisors. Except as required by this Agreement, none of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before State and federal Legislatures, the Board of Supervisors of the County, or before any other local governmental entity. This provision shall not preclude Contractor from seeking necessary permits, licenses and the like necessary for it to comply with the terms of this Agreement.

8.9.1 Byrd Anti-Lobbying Amendment. Contractor shall file Standard Form-LLL, “Disclosure Form to Report Lobbying,” to certify that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Contractor shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award by Contractor or Contractor’s Subcontractors. In accordance with 31 U.S.C. 1352, Contractor shall also file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. Contractor shall include this provision in all subcontracts and require each of its subcontractors to comply with the certification and disclosure requirements of this provision.

8.10 Religious Activity Prohibited. There shall be no religious worship, instructions or proselytization as part of or in connection with the performance of this Agreement.

8.11 RESERVED
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8.12 Board of Supervisors’ Policies. Contractor represents that it is familiar, and shall use its best efforts to comply, with the following policies of the Board of Supervisors, available on the County of San Diego website:

8.12.1 Board Policy B-67, which encourages the County’s Contractors to offer products made with recycled materials, reusable products, and products designed to be recycled to the County in response to the County’s requirements; and

8.12.2 Board Policies B-53 and B-39a, which encourage the participation of small and veteran owned businesses in County procurements; and

8.12.3 Zero Tolerance for Fraudulent Conduct in County Services. Contractor shall comply with County of San Diego Board of Supervisors Policy A-120 "Zero Tolerance for Fraudulent Conduct in County Services.” There shall be "Zero Tolerance" for fraud committed by contractors in the administration of County programs and the provision of County services. Upon proven instances of fraud committed by contractors in connection with their performance under the Agreement, said contractor shall be subject to corrective action up to and including termination of the Agreement; and

8.12.4 Interlocking Directorate. In recognition of Board Policy A-79, available on the County of San Diego Website, notfor-profit Contractors shall not subcontract with related for-profit subcontractors for which an interlocking relationship exist unless specifically authorized in writing by the Board of Supervisors; and

8.12.5 Drug and Alcohol-Free Workplace. The County of San Diego, in recognition of individual rights to work in a safe, healthful and productive work place, has adopted a requirement for a drug and alcohol free work place, County of San Diego Drug and Alcohol Use Policy C-25, available on the County of San Diego website. This policy provides that all County-employed Contractors and Contractor employees shall assist in meeting this requirement.

8.12.5.1 As a material condition of this Agreement, the Contractor agrees that the Contractor and the Contractor employees, while performing service for the County, on County property, or while using County equipment:

8.12.5.1.1 Shall not be in any way impaired because of being under the influence of alcohol or a drug.

8.12.5.1.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal drug.

8.12.5.1.3 Shall not sell, offer, or provide alcohol or an illegal drug to another person; provided, however, that the foregoing restriction shall not be applicable to a Contractor or Contractor employee who as part of the performance of normal job duties and responsibilities prescribes or administers medically prescribed drugs.

8.12.5.2 Contractor shall inform all employees who are performing service for the County on County property or using County equipment of the County objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

8.12.5.3 The County may terminate for default or breach this Agreement, and any other agreement the Contractor has with the County, if the Contractor, or Contractor employees are determined by the Contracting Officer not to be in compliance with the conditions listed herein

8.13 Cartwright Act. Following receipt of final payment under the Agreement, Contractor assigns to the County all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright act (Chapter 2) (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Contractor for sale to the County under this Agreement.

8.14 Hazardous Materials. Contractor shall comply with all Environmental Laws and all other laws, rules, regulations, and requirements regarding Hazardous Materials, health and safety, notices, and training. Contractor agrees that it will not store any Hazardous Materials at any County facility for periods in excess of ninety (90) days or in violation of the applicable site storage limitations imposed by Environmental Law. Contractor agrees to take, at its expense, all actions necessary to protect third parties, including, without limitation, employees and agents of the County, from any exposure to Hazardous Materials generated or utilized in its performance under this Agreement. Contractor agrees to report to the appropriate governmental agencies all discharges, releases, and spills of Hazardous Materials that are required to be reported by any Environmental Law and to immediately notify the County of it. Contractor shall not be liable to the County for the County’s failure to comply with, or violation of, any Environmental Law. As used in this section, the term "Environmental Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders, regulations or Services Template Page 22 of 31 rev 1/5/2022 8:12:00 AM court decisions (including the so-called "common law"), including, but not limited to, the Resource Conservation and Recovery Act, relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions or other similar substances or conditions. As used in this section the term "Hazardous Materials" means any chemical, compound, material, substance or other matter that: (a) is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials; (b) is controlled, referred to, designated in or governed by any Environmental Laws; (c) gives rise to any reporting, notice or publication requirements under any Environmental Laws, or (d) is any other material or substance giving rise to any liability, responsibility or duty upon the County or Lessee with respect to any third person under any Environmental Laws.

8.15 Clean Air Act and Federal Water Pollution Control Act.

8.15.1 Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. Contractor agrees to report each violation to the USDA and the appropriate EPA Regional Office.

8.15.2 Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 et seq.). Contractor agrees to report each violation to the USDA and the appropriate EPA Regional Office.

8.16 Debarment, Exclusion, Suspension, and Ineligibility.

8.16.1 Contractor certifies that, to the best of its knowledge, and except as disclosed to County and acknowledged in writing by County prior to the execution of this Agreement, Contractor, its employees, directors, officers, agents, subcontractors, vendors, consultants, and volunteers:

8.16.1.1 Are not presently debarred, excluded, suspended, declared ineligible, voluntarily excluded, or proposed for debarment, exclusion, suspension or ineligibility by any federal, state, or local department or agency; and

8.16.1.2 Have not within a 3-year period preceding this Agreement been convicted of, or had a civil or administrative judgment rendered against them for, the commission of fraud or a criminal offense or civil action in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction; violation of federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property; physical, financial or sexual abuse or misconduct with a patient or client, or medical negligence or malpractice;

8.16.1.3 Are not presently indicted or otherwise criminally, civilly or administratively charged by a government entity (federal, State, or local) with commission of any of the offenses enumerated in the paragraph above; and

8.16.1.4 Have not within a 3-year period preceding this Agreement had one or more public transaction (federal, State, or local) terminated for cause or default.

8.16.2 Contractor shall have an ongoing duty during the term of this Agreement to disclose to the County any occurrence that would prevent Contractor from making the certifications contained in this Section 8.16 on an ongoing basis.

Such disclosure shall be made in writing to the COR and the County Office of Ethics and Compliance within five (5) business days of when Contractor discovers or reasonably believes there is a likelihood of such occurrence.

8.16.3 Contractor invoices shall include the following language:

I certify, under penalty of perjury under the laws of the State of California, that the deliverables and/or services invoiced were delivered and/or performed specifically for this Agreement in accordance with and compliance to all terms and conditions set forth herein.

8.17 Display of Fraud Hotline Poster(s). As a material term and condition of this Agreement, Contractor shall:

8.17.1 Prominently display in common work areas within all business segments performing work under this Agreement County of San Diego Office of Ethics and Compliance Ethics Hotline posters;

8.17.2 Posters may be downloaded from the County Office of Ethics and Compliance website at:
http://www.sandiegocounty.gov/content/sdc/cao/oec.html. Additionally, if Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website;
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8.17.3 If Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, the Contractor need not display the County poster;

8.17.4 In the event Contractor subcontracts any of the work performed under this Agreement, Contractor shall include this clause in the subcontract(s) and shall take appropriate steps to ensure compliance by the subcontractor(s).

8.18 False Claims Act Training. Contractor shall, not less than annually, provide training on the Federal False Claims Act (31 USC 3729, et seq. or successor statutes) and State False Claims Act (California Government Code 12650, et seq. or successor statutes) to all employees, directors, officers, agents, subcontractors, consultants or volunteers providing services under this Agreement. Contractor shall maintain verification of this training. Contractor shall retain verifications in accordance with the Agreement requirement for retention of records. For the purposes of this section, “Subcontractor" shall include any entity, other than County, that furnishes to Contractor services or supplies relevant to this Agreement other than standard commercial supplies, office space, and printing services.

8.19 Code of Ethics. As a material term and condition of this Agreement, Contractor shall develop and implement a Code of Ethics or similar document and maintain it during the term of this Agreement. Additionally, Contractor shall train all employees and volunteers on the Code of Ethics, and all employees, volunteers, directors, officers, and agents shall certify that they have received training and have been provided an opportunity to ask questions of their employer regarding the Code of Ethics. Contractor shall retain these certifications in accordance with the Agreement’s provision regarding retention of records. Contractor shall pass this requirement down to its subcontractors in its entirety. For purposes of this section, “Subcontractor" shall mean any entity, other than County, that furnishes to Contractor services or supplies relevant to this Agreement other than standard commercial supplies, office space, and printing services.

8.20 Compliance Program. Contractors with an agreement that exceeds more than $250,000 in value annually shall establish, and maintain for the duration of this Agreement, a compliance program that meets the standards of Federal Sentencing Guidelines section 8B2.1 and 42 CFR 438.608, regardless of funding source or services.

8.21 Investigations. Unless prohibited by an investigating government authority, Contractor shall cooperate and participate fully in any investigation initiated by County relative to this Agreement. Upon County’s request, Contractor shall promptly provide to County any and all documents, including any and all communications or information stored digitally, and make available for interviews any employee(s) of Contractor identified by County. Contractor further agrees to immediately notify County if any employee, director, officer, agent, subcontractor, vendor, consultant or volunteer of Contractor comes under investigation by any federal, State or local government entity with law enforcement or oversight authority over the Agreement or its funding for conduct arising out of, or related to, performance under this Agreement.

Contractor shall promptly make available to County all internal investigative results, findings, conclusions, recommendations and corrective action plans pertaining to the investigation in its possession as requested by the County, unless otherwise protected by applicable law or privilege.

8.22 Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms. [Contractor shall, in accordance with 2 CFR 200.321 - Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms, take affirmative steps to include minority business, women’s business enterprises, and labor surplus area firms by:

8.22.1 Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

8.22.2 Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

8.22.3 Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

8.22.4 Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and

8.22.5 Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

8.23 Procurement of Recovered Materials. Contractor shall comply with 2 CFR part 200.322. Contractor shall procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. Contractor certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, Contractor shall estimate the percentage of total material utilized for the performance of the Agreement that is recovered materials and shall provide such estimate to County upon request.

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8.24 Contract Work Hours and Safety Standards. If mechanics or laborers are to be employed under this Agreement, Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

Contractor shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Contractor shall not require any laborer or mechanic to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous.

ARTICLE 9
CONFLICTS OF INTEREST; CONTRACTOR'S CONDUCT

9.1 Conflicts of Interest. Contractor presently has no interest, including but not limited to other projects or independent agreements, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor shall not employ any person having any such interest in the performance of this Agreement. Contractor shall not hire County's employees to perform any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except upon the written approval of County. Without such written approval, performance of services under this Agreement by associates or employees of County shall not relieve Contractor from any responsibility under this Agreement.

9.1.1 California Political Reform Act and Government Code Section 1090 Et Seq. Contractor acknowledges that the California Political Reform Act (“Act”), Government Code section 81000 et seq., provides that Contractors hired by a public agency, such as County, may be deemed to be a “public official” subject to the Act if the Contractor advises the agency on decisions or actions to be taken by the agency. The Act requires such public officials to disqualify themselves from participating in any way in such decisions if they have any one of several specified “conflicts of interest” relating to the decision. To the extent the Act applies to Contractor, Contractor shall abide by the Act. In addition, Contractor acknowledges and shall abide by the conflict of interest restrictions imposed on public officials by Government Code section 1090 et seq.

9.2 Conduct of Contractor.

9.2.1 Contractor shall inform the County of all Contractor's interests, if any, that are, or that Contractor believes to be, incompatible with any interests of the County.

9.2.2 Contractor shall not, under circumstances that might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the Contractor is doing business or proposing to do business, in accomplishing the work under this Agreement.

9.2.3 Contractor shall not use for personal gain or make other improper use of confidential information acquired in connection with this Agreement. In this connection, the term "confidential information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of individuals; anticipated materials requirements or pricing actions; and knowledge of selections of Contractors or subcontractors in advance of official announcement.

9.2.4 Contractor, its employees, directors, officers, agents, subcontractors, vendors, consultants, and volunteers shall not offer, directly or indirectly, any unlawful gift, gratuity, favor, entertainment, or other item(s) of monetary value to an employee or official of the County.

9.2.5 Referrals. Contractor further covenants that no referrals of clients through Contractor’s intake or referral process shall be made to the private practice of any person(s) employed by the Contractor.

9.3 Prohibited Agreements. As required by Section 67 of the San Diego County Administrative Code, Contractor certifies that it is not in violation of the provisions of Section 67, and that Contractor is not, and will not subcontract with, any of the following:

9.3.1. Persons employed by County or of public agencies for which the Board of Supervisors is the governing body;

9.3.2. Profit-making firms or businesses in which employees described in sub-section 9.3.1, above, serve as officers, principals, partners, or major shareholders;

9.3.3. Persons who, within the immediately preceding twelve (12) months came within the provisions of the above subsections and who (1) were employed in positions of substantial responsibility in the area of service to be performed by the Agreement, or (2) participated in any way in developing the Agreement or its service specifications; and

9.3.4. Profit-making firms or businesses, in which the former employees described in sub-section 9.3.3 above, serve as officers, principals, partners, or major shareholders.

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9.4 Limitation of Future Agreements or Grants. It is agreed by the parties to the Agreement that Contractor shall be restricted in its future contracting with the County to the manner described below. Except as specifically provided in this clause, Contractor shall be free to compete for business on an equal basis with other companies.

9.4.1 If Contractor, under the terms of the Agreement, or through the performance of tasks pursuant to this Agreement, is required to develop specifications or statements of work and such specifications or statements of work are to be incorporated into a solicitation, Contractor shall be ineligible to perform the work described within that solicitation as a prime or subcontractor under an ensuing County agreement. It is further agreed, however, that County will not, as additional work, unilaterally require Contractor to prepare such specifications or statements of work under this Agreement.

9.4.2 Contractor may not apply for nor accept additional payments for the same services contained in the Statement of Work.

ARTICLE 10

INDEMNITY AND INSURANCE

10.1 Indemnity. County shall not be liable for, and Contractor shall defend and indemnify County and the employees and agents of County (collectively "County Parties"), against any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys’ fees and court costs (hereinafter collectively referred to as "Claims"), related to this Agreement or the work covered by this Agreement and arising either directly or indirectly from any act, error, omission or negligence of Contractor or its Contractors, licensees, agents, servants or employees, including, without limitation, Claims caused by the sole passive negligent act or the concurrent negligent act, error or omission, whether active or passive, of County Parties. Contractor shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of County Parties.

10.2 Insurance. Prior to execution of this Agreement, Contractor must obtain at its own cost and expense, and keep in force and effect during the term of this Agreement, including all extensions, the insurance specified in Exhibit "B," “Insurance Requirements,” attached hereto.

ARTICLE 11

AUDIT AND INSPECTION OF RECORDS
The County shall have the audit and inspection rights described in this section.

11.1 Audit and Inspection. Contractor agrees to maintain and/or make available within San Diego County accurate books and accounting records relative to all its activities under this Agreement. Authorized federal, State or County representatives shall have the right to monitor, assess, or evaluate Contractor's performance pursuant to this Agreement, said monitoring, assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project staff and participants. Contractor assertions of confidentiality shall not be a bar to full access to the records.

At any time during normal business hours and as often as County may deem necessary, Contractor shall make available to County, State or federal officials for examination all of its records with respect to all matters covered by this Agreement and will permit County, State or federal officials to audit, examine and make excerpts or transcripts from such records, and to make audits of all invoices, materials, payrolls, records of personnel, information regarding clients receiving services, and other data relating to all matters covered by this Agreement. If an audit is conducted, it will be done in accordance with generally accepted government auditing standards as described in “Government Auditing Standards,” published for the United States General Accountability Office or the institute of Internal Auditors International Standards for the Professional Practice of Internal Auditing.

If any services performed hereunder are not in conformity with the specifications and requirements of this Agreement, County shall have the right to require the Contractor to perform the services in conformity with said specifications and requirements at no additional increase in total Agreement amount. When the services to be performed are of such nature that the difference cannot be corrected, County shall have the right to (1) require Contractor immediately to take all necessary steps to ensure future performance of the services in conformity with requirements of the Agreement, and (2) reduce the Agreement price to reflect the reduced value of the services performed. In the event Contractor fails to perform the services promptly or to take necessary steps to ensure future performance of the service in conformity with the specifications and requirements of the Agreement, County shall have the right to either (1) by agreement or to otherwise have the services performed in conformity with the Agreement specifications and charge to Contractor any cost occasioned to County that is directly related to the performance of such services, or (2) terminate this Agreement for default as provided in the Termination clause.

11.2 External Audits. Contractors will provide the following to the COR:

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11.2.1 Contractor shall provide COR a copy of all notifications of audits or pending audits by federal or State representatives regarding contracted services identified in this Agreement no later than three (3) business days of Contractor receiving notice of the audit.

11.2.2 Contractor shall provide COR with a copy of the draft and final State or federal audit reports within twenty four (24) hours of receiving them (Health and Human Services Agency (HHSA) Contractors shall also provide electronic copies to Agency Contract Support (ACS) at [email protected]).

11.2.3 Contractor shall provide COR a copy of the contractor’s response to the draft and final State or federal audit reports at the same time as response provided to the State or federal representatives.

11.2.4 Unless prohibited by the government agency conducting the audit, Contractor shall provide COR a copy of all responses made by the federal or State audit representative to the contractors’ audit response no later than three (3) business days of receiving it. This will continue until the federal or State auditors have accepted and closed the audit.

11.3 Cost or Pricing Data. If the Contractor submitted cost or pricing data in connection with the pricing of this Agreement or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, the Contracting Officer or his representatives who are employees of the County or its agent shall have the right to examine all books, records, documents and other data of the Contractor related to the negotiation pricing or performance of such Agreement, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted.

11.4 Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit or reproduction, until the expiration of three (3) years from the date of final payment under this Agreement, or by section 11.4.1 and 11.4.2, below:

11.4.1 If this Agreement is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three (3) years from the date of any resulting final settlement.

11.4.2 Record that relate to appeals under the “Disputes” clause of this Agreement, or litigation or the settlement of claims arising out of the performance of this Agreement, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after Agreement completion, whichever is longer. County shall keep the materials described above confidential unless otherwise required by law.

11.5 Subcontract. The Contractor shall insert a clause containing all the provisions of this Article 11 in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the contracting officer.

ARTICLE 12

INSPECTION OF SERVICE

12.1 Subject to Inspection. All performance (including services, materials, supplies and equipment furnished or utilized in the performance of this Agreement, and workmanship in the performance of services) shall be subject to inspection and test by the County at all times during the term of this Agreement. Contractor shall cooperate with any inspector assigned by the County to permit the inspector to determine whether Contractor’s performance conforms to the requirements of this Agreement. County shall perform such inspection in a manner as not to unduly interfere with Contractor’s performance.

12.2 Specification and Requirements. If any services performed by Contractor do not conform to the specifications and requirements of this Agreement, County may require Contractor to re-perform the services until they conform to said specifications and requirements, at no additional cost, and County may withhold payment for such services until Contractor correctly performs them. When the services to be performed are of such a nature that Contractor’s cannot correct its performance, the County shall have the right to (1) require the Contractor to immediately take all necessary steps to ensure future performance of services conforms to the requirements of this Agreement, and (2) reduce the Agreement price to reflect the reduced value of the services received by County. In the event Contractor fails to promptly re-perform the services or to take necessary steps to ensure that future performance of the service conforms to the specifications and requirements of this Agreement, the County shall have the right to either (1) without terminating this Agreement, have the services performed, by agreement or otherwise, in conformance with the specifications of this Agreement, and charge Contractor, and/or withhold from payments due to Contractor, any costs incurred by County that are directly related to the performance of such services, or (2) terminate this Agreement for default.

Services Template Page 27 of 31 rev 1/5/2022 8:12:00 AM ARTICLE 13

USE OF DOCUMENTS AND REPORTS

13.1 Findings Confidential. Any reports, information, data, etc., given to or prepared or assembled by Contractor under this Agreement that the County requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County.

13.2 Ownership, Publication, Reproduction and Use of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the sole and exclusive property of County. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. County shall have unrestricted authority to publish, disclose, distribute and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement.

13.3 Confidentiality. Contractor agrees to maintain the confidentiality of and take industry appropriate and legally required measures to prevent the unlawful disclosure of any information that is legally required to be kept confidential. Except as otherwise allowed by local, State or federal law or regulation and pursuant to this Section 13.3, Contractor agrees to only disclose confidential records where the holder of the privilege, whether the County, or a third party, provides written permission authorizing the disclosure.

13.4 Public Records Act. The California Public Records Act (“CPRA”) requires County to disclose “public records” in its actual or constructive possession unless a statutory exemption applies. This generally includes contracts and related documents. If County receives a CPRA request for records relating to the Agreement, County may, at its sole discretion, either determine its response to the request without notifying Contractor or notify Contractor of the request. If County determines its response to the request without notifying Contractor, Contractor shall hold County harmless for such determination. If County notifies Contractor of the request, Contractor may request that County withhold or redact records responsive to the request by submitting to County a written request within five (5) business days after receipt of the County’s notice.

Contractor’s request must identify specific records to be withheld or redacted and applicable exemptions. Upon timely receipt of Contractor’s request, County will review the request and at its sole discretion withhold and/or redact the records identified by Contractor. Contractor shall hold County harmless for County’s decision whether to withhold and/or redact pursuant to Contractor’s written request. Contractor further agrees that its defense and indemnification obligations set forth in Section 10.1 of this Agreement extend to any Claim (as defined in Section 10.1) against the County Parties (as defined in Section 10.1) arising out of County’s withholding and/or redacting of records pursuant to Contractor’s request. Nothing in this section shall preclude Contractor from bringing a “reverse CPRA action” to prevent disclosure of records. Nothing in this section shall prevent the County or its agents or any other governmental entity from accessing any records for the purpose of audits or program reviews if that access is legally permissible under the applicable local, State or federal laws or regulations. Similarly, County or its agent or designee may take possession of the record(s) where legally authorized to do so.

13.5 Maintenance of Records. Contractor shall maintain all records relating to its performance under this Agreement, including all records of costs charged to this Agreement, and shall make them available within San Diego County for a minimum of five (5) years from the ending date of this Agreement, or longer where required by funding source or while under dispute under the terms of this Agreement, unless County agrees in writing to an earlier disposition. Contractor shall provide any requested records to County within two (2) business days of request.

13.6 Custody of Records. County, at its option, may take custody of Contractor's client records upon Agreement, termination, expiration, or at such other time as County may deem necessary. County agrees that such custody will conform to applicable confidentiality provisions of State and federal law. Said records shall be kept by County in an accessible location within San Diego County and shall be available to Contractor for examination and inspection. Notwithstanding the foregoing, Contractor may maintain custody of records where legally required.

13.7 Audit Requirement.
(a) Contractor shall annually engage a Licensed Certified Public Accountant licensed to perform audits and attests in the State of California to conduct an annual financial audit of the organization. Contractors that expend $750,000 or more of federal grant funds per year shall also have an audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments and the Compliance Supplement (2 CFR part 200 App. XI). Contractors that are commercial organizations (for-profit) are required to have a non-federal audit if, during its fiscal year, it expended a total of $750,000 or more under one or more HHS awards. 45 CFR part 74.26(d) incorporates the threshold and deadlines of the Compliance Supplement but provides for-profit organizations two options regarding the type of audit that will satisfy the audit requirements. Contractor shall include a clause in any agreement entered into with an audit firm, or notify the audit firm in writing prior to the audit firm commencing its work for Contractor, that the audit firm shall, pursuant to 31 U.S.C.

Services Template Page 28 of 31 rev 1/5/2022 8:12:00 AM 7503, and to the extent otherwise required by law, provide access by the federal government or other legally required entity to the independent auditor’s working papers that were part of the independent auditor’s audit of Contractor. Contractor shall submit two (2) copies of the annual audit report, the audit performed in accordance with the Compliance Supplement, and the management letter to the County fifteen (15) days after receipt from the independent Certified Public Accountant but no later than nine (9) months after the Contractor’s fiscal year end. (b) Contractor shall immediately notify County upon learning that Contractor’s independent Certified Public Accountant may or will issue a disclaimer of opinion due to substantial doubt of Contractor’s ability to continue as a going concern.

13.8 Reports. Contractor shall submit reports required in Exhibit A and additional reports as may be requested by the COR and agreed to by the Contractor. Format for the content of such reports may be developed by County. The timely submission of these reports is a necessary and material term and condition of this Agreement and Contractor agrees that failure to meet specified deadlines will be sufficient cause to withhold payment. Contractor shall submit to County within thirty (30) days of the termination of this Agreement a report detailing all work done pursuant to this Agreement by Contractor.

13.9 Evaluation Studies. Contractor shall participate as requested by the County in research and/or evaluative studies designed to show the effectiveness and/or efficiency of Contractor services or to provide information about Contractor's project.

ARTICLE 14
(RESERVED) [# or insert applicable information privacy and security provisions] ARTICLE 15

DISPUTES
Notwithstanding any provision of this Agreement to the contrary, the Contracting Officer shall decide any dispute concerning a question of fact arising out of this Agreement that is not otherwise disposed of by the parties within a reasonable period of time.

The decision of the Contracting Officer shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary or so grossly erroneous as necessarily to imply bad faith. Contractor shall proceed diligently with its performance hereunder pending resolution by the Contracting Officer of any such dispute. Nothing herein shall be construed as granting the Contracting Officer or any other administrative official, representative or board authority to decide questions of law, or issues regarding the medical necessity of treatment or to pre-empt any medical practitioners’ judgment regarding the medical necessity of treatment of patients in their care. The foregoing does not change the County’s ability to refuse to pay for services rendered if County disputes the medical necessity of care.

ARTICLE 16

GENERAL PROVISIONS

16.1 Assignment and Subcontracting. Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the County; County’s consent shall not be unreasonably withheld. The Contractor shall make no agreement with any party for furnishing any of the work or services herein contained without the prior written consent of the COR, pursuant to Paragraph 1.4.

16.2 Contingency. This Agreement shall bind the County only following its approval by the Board of Supervisors or when signed by the Purchasing and Contracting Director.

16.3 Entire Agreement. This Agreement, together with all Exhibits attached hereto and other agreements expressly referred to herein, constitute the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, including any proposals from Contractor and requests for proposals from County, are superseded.

16.4 Sections and Exhibits. All sections and exhibits referred to herein are attached hereto and incorporated by reference.

16.5 Further Assurances. Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties.

16.6 Governing Law. This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California.

16.7 Headings. The Article captions, Clause and Section headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit or affect the construction or interpretation of any term or provision hereof.

16.8 Modification Waiver. Except as otherwise provided in Article 6, “Changes,” above, no modification, waiver, amendment or discharge of this Agreement shall be valid unless the same is in writing and signed by both parties.

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16.9 Neither Party Considered Drafter. Despite the possibility that one party may have prepared the initial draft of this Agreement or played the greater role in the physical preparation of subsequent drafts, neither party shall be deemed the drafter of this Agreement and that, in construing this Agreement in case of any claim that any provision hereof may be ambiguous, no such provision shall be construed in favor of one party on the ground that such provision was drafted by the other.

16.10 No Other Inducement. The making, execution and delivery of this Agreement by the parties hereto has been induced by no representations, statements, warranties or agreements other than those expressed herein.

16.11 Notices. Notice to either party shall be in writing and personally delivered; sent by certified mail, postage prepaid, return receipt requested; or emailed to the County’s or Contractor’s designated representative (or such party’s authorized representative). Any such notice shall be deemed received by the party (or such party’s authorized representative) on the earliest of the date of personal delivery, three (3) business days after deposit in the U.S. Mail, or upon sending of an email from which an acknowledgement of receipt has been received other than an out of office, unavailable, or undeliverable reply.

16.12 Severability. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

16.13 Successors. Subject to the limitations on assignment set forth in Clause 16.1 above, all terms of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal representatives, successors, and assigns.

16.14 Time. Time is of the essence for each provision of this Agreement.

16.15 Time Period Computation. All periods of time referred to in this Agreement shall be calendar days, unless the period of time specifies business days. Calendar days shall include all days of the week, including holidays. Business days shall be Monday through Friday, excluding County observed holidays.

16.16 Waiver. The waiver by one party of the performance of any term, provision, covenant or condition shall not invalidate this Agreement, nor shall it be considered as a waiver by such party of any other term, provision, covenant or condition. Delay by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure.

16.17 Third Party Beneficiaries Excluded. This Agreement is intended solely for the benefit of the County and its Contractor.

Any benefit to any third party is incidental and does not confer on any third party to this Agreement any rights whatsoever regarding the performance of this Agreement. Any attempt to enforce provisions of this Agreement by third parties is specifically prohibited.

16.18 Publicity Announcements and Materials. All public announcements, including those issued on Contractor letterhead, and materials distributed to the community shall identify the County of San Diego as the funding source for contracted programs identified in this Agreement. Copies of publicity materials related to contracted programs identified in this Agreement shall be filed with the COR. County shall be advised at least twenty four (24) hours in advance of all locally generated press releases and media events regarding contracted services identified in this Agreement. Alcohol and Drug Prevention Services Contractors shall notify COR or designee at least five (5) business days in advance of all Contractor generated media releases and media events regarding contracted services identified in this Agreement.

16.19 Critical Incidents. Contractor shall have written plans or protocols and provide employee training for handling critical incidents involving: external or internal instances of violence or threat of violence directed toward staff or clients; loss, theft or unlawful accessing of confidential client, patient or facility resident Personal Information (PI), Personally Identifiable Information (PII) and/or Personal Health Information (PHI); fraud, waste and/or abuse of Agreement funds; unethical conduct; or violation of any portion of San Diego County Board of Supervisors Policy C-25 “Drug & Alcohol Use” while performing under this Agreement. Contractor shall report all such incidents to the COR within one business day of their occurrence. However, if this Agreement includes Article 14, Contractor must adhere to the timelines and processes contained in Article 14.

16.20 Responsiveness to Community Concerns. Unless prohibited by applicable State or federal law, Contractor shall notify County within one business day of receipt of any material complaints including but not limited to complaints referring to issues of abuse or quality of care, submitted to Contractor orally or in writing, regarding the operation of Contractor’s program or facility under this Agreement. Contractor shall take appropriate steps to acknowledge receipt of said complaint(s) from individuals or organizations. Contractor shall take appropriate steps to utilize appropriate forums to address or resolve any such complaints received. Nothing in this provision shall be interpreted to preclude Contractor from Services Template Page 30 of 31 rev 1/5/2022 8:12:00 AM engaging in any legally authorized use of its facility, property or business as approved, permitted or licensed by the applicable authority.

16.21 Criminal Background Check Requirements. Contractor shall ensure that criminal background checks are required and completed prior to employment or placement of any employee, director, officer, agent, subcontractor, consultant or volunteer who will be providing any services, accessing County or client data, or receiving compensation under this Agreement. Background checks shall be in compliance with any licensing, certification, funding, or Agreement requirements, including the Statement of Work, which may be higher than the minimum standards described herein.

Furthermore, for any individuals identified above who will be assigned to sensitive positions funded by this Agreement, background checks shall be in compliance with Board of Supervisors Policy C-28, available on the County of San Diego website. Sensitive positions are those that: (1) physically supervise minors or vulnerable adults; (2) have unsupervised physical contact with minors or vulnerable adults; and/or (3) have a fiduciary responsibility to any County client, or direct access to, or control over, bank accounts or accounts with financial institutions of any client. If this Agreement includes Article 14, Contractor must also adhere to requirements contained in Article 14.

Contractor shall have a documented process for reviewing the information and determine if criminal history demonstrates behavior that could create an increased risk of harm to clients or risk to services to be performed under Agreement. Contractor shall document review of criminal background findings and consideration of criminal history in the selection of such persons listed above in this section.

16.21.1 Contractor shall utilize a subsequent arrest notification service or perform a criminal background check annually during the term of this Agreement for any employee, director, officer, agent, subcontractor, consultant or volunteer who will be providing any services under this Agreement. Contractor shall keep the documentation of their review and consideration of the individual’s criminal history on file in accordance with paragraph 13.4 “Maintenance of Records.”

16.21.2 Definitions
A. Minor: Individuals under the age of eighteen (18) years old.

B. Vulnerable Adult: (1) Individuals age eighteen (18) years or older, who require assistance with activities of daily living and who may be put at risk of abuse during service provision; (2) Individuals age eighteen (18) years or older who have a permanent or temporary limited physical and/or mental capacity that may put them at risk of abuse during service provision because it renders them: unable to make decisions for themselves, unable to physically defend themselves, or unaware of physical abuse or other harm that could be perpetrated against them. Activities of daily living are defined as the basic tasks of everyday life, such as eating, bathing, dressing, toileting, and transferring.

C. Volunteer: A person who performs a service willingly and without pay.

16.22 Health Insurance. Contractors providing direct services to the public shall ask if the client and any minor(s) for whom they are responsible have health insurance coverage. If the response is “no” for client or minor(s) the Contractor shall refer the client to Covered California at https://www.coveredca.com/ or to 1-800-300-1506. [#Remove if not applicable]

16.23 Survival. The following sections or articles of this Agreement shall survive the expiration or earlier termination of this Agreement: Sections 8.1, 8.13, 8.14, 8.15, 8.21, 10.1, 11.1, 11.2, and 11.4, and Articles 7 and 13. /
/
/
Agreement modified 1/5/2022 Page 1 of 31 City Attorney approved template January 2020

SIGNATURE PAGE
AGREEMENT TERM. This Agreement shall begin the _________ day of __________________ 20_____ and end upon completion and County acceptance of all deliverables under this Agreement.

COMPENSATION: Pursuant to Exhibit B or other applicable pricing provisions of this Agreement, County agrees to pay Contractor a sum not to exceed $xxx, in accordance with the method of payment stipulated in Article 4.

COR. The County has designated the following individual as the Contracting Officer’s Representative (“COR”) #Name and Title
#Address
#Address
#Phone, FAX and email
CONTRACTOR’S REPRESENTATIVE. The Contractor has designated the following individual as the Contractor’s Representative.
#Name and Title
#Address
#Address
#Phone, FAX and email
IN WITNESS WHEREOF, County and Contractor have executed this Agreement effective as of the date of the last signature below.

COUNTY OF SAN DIEGO [#CONTRACTOR NAME]
By: ___________________________________ By: ___________________________________ NICK MACCHIONE, Agency Director [#Name and Title]
Health and Human Services Agency
Date: _________________________________ Date: ___________________________________ Approved as to Form and Legality
By: DAVID STOTLAND, Senior Deputy County Counsel
CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.7.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: January 12, 2022
ORIGINATING DEPT: City Manager’s Department
SUBJECT: Council Consideration of Resolution 2022-004 Adopting Amendment 1 to the EDCO Solid Waste Franchise
Agreement to Comply with State Mandated Organic Waste
Disposal Requirements
BACKGROUND:

On August 25, 2021, the City Council (Council) adopted Ordinance No. 517 amending Chapter 6.20 of the Solana Beach Municipal Code (SBMC) to address state organics recycling mandates outlined in Senate Bill No. 1383 (SB 1383). In addition to adopting an organics recycling ordinance, the law requires that jurisdictions adopt additional regulations and policies to create a market for recycled organics and further reduce waste headed for the landfill.

The City contracts with EDCO Waste and Recycling Services (EDCO) to provide solid waste, recycling, and green waste services to the City. The current agreement, which went into effect on July 1, 2018, did not include provisions to specifically address the mandates outlined in SB 1383. An amendment to the EDCO agreement would demonstrate the City’s compliance with the state law by memorializing all requirements in SB 1383 that are EDCO’s responsibility to implement.

This item is before the Council to consider approval of Resolution 2022-004 (Attachment 1) approving Amendment 1 (Attachment 2) to the EDCO Solid Waste Franchise Agreement.

DISCUSSION:

When Council adopted Ordinance 517, the City implemented enforcement mechanisms to compel businesses and residents to recycle their organic waste. SB 1383 has additional requirements that jurisdictions need to implement as well. Staff summarized January 12, 2022
EDCO Franchise Agreement Amendment

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these additional requirements to Council during a presentation at the July 14, 2021 meeting. Of those items, the following have been completed:
• Construction and Demolition (C&D) Ordinance compliance review and update • Model Water Efficient Landscaping Ordinance compliance review and update • Implement an Anonymous Complaint Policy – Individuals should be able to report SB 1383 violations to the Solana Beach Code Enforcement Department and remain anonymous
The item currently before Council is the following:
• Amend Solid Waste Franchise Agreement – Any requirements of SB 1383 that will be the responsibility of the City’s waste hauler, must be memorialized in writing in the form of an agreement or amendment to the current franchise agreement
The following items are still in progress:
• Procurement Policy to encompass Organic Waste Product and RecycledContent Paper procurement requirements • Establish organics recycling service at City Hall and other City facilities Franchise Amendment
Through franchise agreements and hauler-provided services, jurisdictions can address many SB 1383 regulatory requirements related to collection, processing, collection containers, contamination monitoring, education, reporting, and more. Amendment 1 to EDCO’s Franchise Agreement does just that. It allows the City to demonstrate its compliance to the State for requirements which fall under the purview of the waste hauler.

While amending the Franchise Agreement to comply with SB 1383, an additional amendment proposed by EDCO, Article 3, has been included for Council consideration.

EDCO is requesting an additional year be added to the renewal term so that the term of the Franchise Agreement would be a minimum of five years instead of four years.

EDCO has made significant investments in their infrastructure and staffing to comply with the new organics recycling mandates including infrastructure additions (Anaerobic Digesters), collection service improvements, outreach and education enhancements, and record keeping upgrades. EDCO expressed the longer minimum term provides more assurance there is a return on these significant investments. The City has benefitted greatly through its positive long-term relationship with EDCO and Staff believes the additional year is warranted and well deserved. Because this particular section is not a requirement of SB 1383, Council may consider inclusion of this provision separately.

January 12, 2022
EDCO Franchise Agreement Amendment

Page 3 of 3 ends

CEQA COMPLIANCE STATEMENT:

This is not a “project” as defined by the California Environmental Quality Act (CEQA) and is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines (14 CCR 15061(b)(3).

FISCAL IMPACT:

There is no direct fiscal impact as a result of this item.

WORK PLAN:

This item is included in the Environmental Sustainability section of the FY 2021/2022 Work Plan.

OPTIONS:
▪ Approve Resolution 2022-004.
▪ Approve Resolution 2022-004 approving Amendment 1 with modifications. ▪ Do not approve Resolution 2022-004 and provide direction.

DEPARTMENT RECOMMENDATION:

Staff recommends the City Council adopt Resolution 2022-004 approving Amendment 1 to the EDCO Franchise Agreement to address State organics recycling mandates.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation
_________________________
Gregory Wade, City Manager
Attachments:

1. Resolution 2022-004

2. EDCO Franchise Amendment 1
ATTACHMENT 1
RESOLUTION 2022-004

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, APPROVING
AMENDMENT 1 TO THE SOLID WASTE FRANCHISE

AGREEMENT BETWEEN THE CITY OF SOLANA BEACH

AND EDCO WASTE AND RECYCLING SERVICES, INC
WHEREAS, on December 31, 2017, Waste Management, Inc. assigned its Residential Franchise Agreement (“AGREEMENT”) with the City of Solana Beach (“CITY”) dated August 1, 1993, and later amended, to EDCO Waste and Recycling Services (“FRANCHISEE”) effective December 31, 2017; and WHEREAS, on July 1, 2018, CITY and FRANCHISEE entered into the Amended and Restated Solid Waste Franchise Agreement which governs the removal of solid waste, recyclables, manure, green waste, and other compostables by FRANCHISEE within the CITY; and
WHEREAS, the CITY and FRANCHISEE may only amend the AGREEMENT by a writing signed by both parties pursuant to Section 13.5 of the AGREEMENT; and WHEREAS, the State of California has, through enactment of AB 939 and subsequent related legislation including, but not limited to, the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826) and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State agency, and all local agencies, to promote a reduction in landfill disposal and to maximize the use of feasible waste reduction, reuse, recycling, and composting options in order to reduce the amount of material that must be disposed; and WHEREAS, SB 1383 establishes regulatory requirements for jurisdictions, generators, haulers, solid waste facilities, and other entities to support achievement of State-wide organic waste disposal reduction targets; and WHEREAS, SB 1383 Regulations and amendments to Chapter 6.20 of the Solana Beach Municipal Code require the CITY to implement collection programs, meet processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor and enforce compliance, and fulfill other requirements; and, CITY has chosen to delegate some responsibilities to FRANCHISEE, acting as the CITY’s designee, through this AGREEMENT.

Resolution 2022-004
EDCO Agreement Amendment 1

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NOW, THEREFORE, the City Council of the City of Solana Beach, California, does resolve as follows:

1. That the above recitations are true and correct.

2. That the City Council approves Amendment 1 to the Solid Waste Franchise Agreement with EDCO Waste and Recycling Services, Inc.

PASSED AND ADOPTED this 12th day of January 2022, at a regularly scheduled meeting of the City Council of the City of Solana Beach, California by the following vote:

AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
_____________________________ _______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk Attachment 2

FIRST AMENDMENT

TO THE SOLID WASTE FRANCHISE AGREEMENT

BETWEEN

THE CITY OF SOLANA BEACH AND EDCO WASTE & RECYCLING SERVICES, INC DATED DECEMBER 8, 2021
This First Amendment to the Solid Waste Franchise Agreement between the City of Solana Beach and EDCO Waste and Recycling Services dated July 1, 2018 (“AGREEMENT”) is made by and between the City of Solana Beach, hereinafter referred to as “CITY” and EDCO Waste and Recycling Services, hereinafter referred to as “FRANCHISEE,” and together sometimes collectively referred to hereinafter as the “PARTIES.” The date of this AGREEMENT is January 1, 2022.

Whereas, on December 31, 2017, Coast Management, Inc. assigned its Residential Franchise Agreement with the CITY dated August 1, 1993, and later amended, to the FRANCHISEE effective December 31, 2017; and
Whereas, on July 1, 2018, CITY and FRANCHISEE entered into the Amended and Restated Solid Waste Franchise Agreement which governs the removal of solid waste, recyclables, manure, green waste, and other compostables by FRANCHISEE within the CITY; and Whereas, the PARTIES may only amend the AGREEMENT by a writing signed by both PARTIES pursuant to Section 13.5 of the AGREEMENT; and
Whereas, the State of California has, through enactment of AB 939 and subsequent related legislation including, but not limited to, the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826) and the Short-Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State agency, and all local agencies, to promote a reduction in landfill disposal and to maximize the use of feasible waste reduction, reuse, recycling, and composting options in order to reduce the amount of material that must be disposed; and
Whereas, SB 1383 establishes regulatory requirements for jurisdictions, generators, haulers, solid waste facilities, and other entities to support achievement of State-wide organic waste disposal reduction targets; and
Whereas, on August 25, 2021, the CITY amended Chapter 6.20 of the Solana Beach Municipal code adopting measures to implement the mandates required by SB 1383 and made the following findings:
(a) The storage, accumulation, collection and disposal of garbage, trash, litter, rubbish, debris and other discarded matter, goods and materials are a matter of great public concern, in that improper control of such matters creates a public nuisance, can lead to air pollution, fire hazards, illegal dumping, insect breeding and rat infestation and other conditions affecting the health, welfare and safety of the residents of this and surrounding cities. The city council further finds that the periodic collection of garbage, rubbish and other refuse and recyclable material from all residences and places of business in the city benefits all occupants of residences within the city and, therefore, the occupants as hereinafter defined are made liable for the payment of fees for the mandatory service as may be from time to time approved by city council resolution. The city council further declares that the regulations provided in this chapter are designated to eliminate such problems. The city council is authorized to adopt this chapter pursuant to California Constitution Article XI, § 7 and Division 30 of California Public Resources Code (Waste Management) including, without limitation, Sections 40057, 40058, 40059, 49300 and 49500 et seq. (Ord. 333 § 2, 2005; Ord. 177 § 1, 1993)
(b) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
(c) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.
(d) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.
(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
(f) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.

Whereas, the PARTIES desire to memorialize the impacts of the above-referenced amendments in the form of this First Amendment to the AGREEMENT.

NOW, THEREFORE, in consideration of the promises and of the covenants and conditions hereinafter contained, it is agreed between the PARTIES that the AGREEMENT is hereby amended as follows:

1. A new recital is hereby added to read as follows:
“WHEREAS, SB 1383 Regulations and amendments to Chapter 6.20 of the Solana Beach Municipal Code require the CITY to implement collection programs, meet processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor and enforce compliance, and fulfill other requirements; and, CITY has chosen to delegate some responsibilities to FRANCHISEE, acting as the CITY’s designee, through this AGREEMENT;”

2. ARITCLE 1. DEFINITIONS; DELEGATION OF AUTHORITY subsection A shall be revised to read as follows: “A. Whenever any term used in this Agreement has been defined by the provisions of the SOLANA BEACH Municipal Code, the definitions contained in said code shall govern the meaning of such words for the purpose of this Agreement.”

3. Article 3. TERM OF AGREEMENT subsection 3.1 Effective Date and Term of Agreement shall be amended as follows: The term of this agreement shall commence on January 1, 2022, and expire on December 31, 2027, provided however, that commencing January 1, 2023, and every year thereafter, automatic one-year extensions shall be applied to said Agreement, so that the term of the Agreement shall be a minimum of five years.

4. ARTICLE 5. WASTE COLLECTION SERVICES subsection 5.3 Scope of Service subsection (A) shall be amended as follows: “A. GENERAL. The work to be done by Contractor pursuant to this Agreement shall include the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the services required. The scope of services supplied shall comply with the SOLANA BEACH Municipal Code as it may be amended from time to time.”

5. ARTICLE 5. WASTE COLLECTION SERVICES subsection 5.16 Solid Waste Containers subsection A.

Residential. FRANCHISEE shall provide customers with a three-container organic waste collection program that complies with 14 CCR Section 18984.1, 18984.7, and 18984.8.

6. Subsection 5.20 under ARTICLE 5 is hereby added to the AGREEMENT to read as follows:

5.20 Organic Waste Collection Services; Operating and Reporting Requirements A. Organic Waste Materials to be Collected. FRANCHISEE shall collect organic waste as required under applicable state laws and according to the SOLANA BEACH municipal code.

Organic waste that is to be accepted for collection in the organics collection program include the following: food scraps, food-soiled paper, and yard trimmings. The PARTIES agree that materials may be added to or removed from this list from time to time by mutual consent or by amendment to the SOLANA BEACH Municipal Code. FRANCHISEE shall not add or remove materials to or from this list without written approval from the City Manager or designee, or signed amendment to this AGREEMENT, and such approval shall not be unreasonably withheld. Compostable and biodegradable plastic, carpets, non-compostable paper, textiles, and prohibited container contaminants shall not be collected in the organics container.

B. Designated Organics Processing Facilities. During the term of the AGREEMENT, FRANCHISEE shall provide the identity of all processing facilities that will be used to manage recyclables and trash. Said list shall be updated annually in a report to the City Manager or designee.

C. Education and Outreach; Program Objectives. FRANCHISEE public education and outreach strategy shall focus on improving generators’ understanding of the benefits of and opportunities for source reduction, reuse, and landfill disposal reduction. In general, FRANCHISEE-provided public education and outreach, which shall include all content required by this Section, should: (i) inform generators about the services that are provided under this AGREEMENT with specific focus on describing the methods and benefits of source reduction, reuse, and reduction of solid waste disposal; (ii) instruct generators on the proper method for placing materials in containers for collection and setting containers out for collection with specific focus on minimizing contamination of source separated recyclable materials and organics waste; (iii) clearly define excluded waste and educate generators about the hazards of such materials and their opportunities for proper handling; (iv) discourage generators from buying products if the product and its packaging are not readily reusable, recyclable, or compostable; (v) encourage the use of compost and mulch; and, (vi) encourage generators to purchase products/packaging made with recycled-content materials. The cumulative intended effect of these efforts is to reduce each generator’s reliance on FRANCHISEE-provided solid waste container service and, ultimately, disposal, and FRANCHISEE agrees to support and not undermine or interfere with such efforts.

D. Franchisee Cooperation and/or Support for CITY or Third-Party Educational Efforts.

FRANCHISEE acknowledges that they are part of a multi-party effort to operate and educate the public about the regional integrated waste management system.

FRANCHISEE shall cooperate and coordinate with the City Manager or designee on public education activities to minimize duplicative, inconsistent, or untimely education campaigns. The FRANCHISEE shall cooperate with the implementation, expansion, or operation of public education and outreach programs or campaigns conducted by the CITY or their designee.

FRANCHISEE shall obtain approval from the City Manager or designee Manager on all FRANCHISEE provided public education materials outside of the CITY’s education plan, including, but not limited to, print, radio, television, or internet media before publication, distribution, and/or release. CITY shall have the right to request that FRANCHISEE include CITY identification and contact information on public education materials and approval of such requests shall not be unreasonably withheld.

E. Annual Notice of Requirements. Not less than once per year during each rate year, FRANCHISEE shall prepare information specified in 14 CCR Section 18985.1(a) and make available in an electronic format through the FRANCHISEE’s website.

F. Procurement of Recovered Organic Waste Products. All Route Collection vehicles used by FRANCHISEE under this AGREEMENT shall be powered by Renewable Natural Gas (RNG) whether generated by FRANCHISEE’s Anaerobic Digestion Facility or purchased.

Upon CITY’s request, FRANCHISEE shall obtain and provide the CITY with a written certification by an authorized representative certifying that the in-vessel digestion facility produces the RNG in quantities corresponding to City’s Organics Wastes collected by FRANCHISEE consistent with the requirements of 14 CCR Section 18993.1(h). FRANCHISEE shall maintain records of the amount of RNG purchased and shall report this information to the CITY on a biannual basis. FRANCHISEE shall allow the CITY to report this RNG usage toward the CITY’s fulfillment of its annual recovered Organic Waste product procurement target in accordance with 14 CCR Section 18993.1.

G. Contamination Monitoring. FRANCHISEE shall perform contamination monitoring for prohibited container contaminants in a manner that is deemed appropriate by the CITY; complies with 14 CCR Sections 18984.5, 18984.11, 18998.1, and 18998.2, SOLANA BEACH Municipal Code Chapter 6.20, and other applicable law; and results in all routes being reviewed at least annually.

H. Reporting Requirements. FRANCHISEE shall provide access to and/or copies, as requested, of all records required by SB 1383 and the SOLANA BEACH Municipal Code to CITY on a quarterly basis, including the requirements of 14 CCR Sections 18984.4, 18984.6, 18984.14, and 18998.4.

I. Change in Laws. FRANCHISEE shall develop and, upon the City Council's approval, implement within a timely manner, programs to meet new requirements of local, state and federal laws. FRANCHISEE may request a rate increase or decrease as per this AGREEMENT.

7. Except as otherwise amended by the specific terms of this First Amendment, each and every term, condition, and obligation contained in this AGREEMENT is reaffirmed and remains in full force and effect.

8. This First Amendment may be executed in counterparts each of which shall be considered an original.

IN WITNESS WHEREOF, the PARTIES have executed this First Amendment of the AGREEMENT which shall become effective January 1, 2022.

BY:______________________Dated_____ BY:_____________________ Dated _____ Steve South Gregory Wade
President City Manager
EDCO Disposal City of Solana Beach

Approved as to form:

BY:____________________ Dated____
Johanna Canlas
City Attorney
City of Solana Beach
CITY COUNCIL ACTION:
______________________________________________________________________ ______________________________________________________________________ AGENDA ITEM # A.8.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: January 12, 2022
ORIGINATING DEPT: Community Development
SUBJECT: STATE PARKS GRANT APPLICATION
BACKGROUND:

The California Department of Parks and Recreation (State Parks), Division of Boating and Waterways (DBW) is now accepting grant applications for public beach restoration projects and shoreline erosion control projects. DBW will review grant applications for potential funding in the State’s FY 2023/24 budget. The deadline for DBW to receive applications for FY 2023/24 funding is December 15, 2022. Part of the DBW application process requires a Resolution from the City Council authorizing submittal of the grant application to assist in funding the City’s local/state cost share portion of the United States Army Corps of Engineers (USACE) Coastal Storm Damage Reduction Project (Project).

In December 2019 and January 2021, the City Council approved Resolutions 2019-153 and 2021-009 authorizing the submittal of similar grant applications to State Parks.

However, grant applications expire each year if not approved and staff from State Parks has indicated that a new grant application is required in order to be considered for a construction grant in FY 23/24.

The estimated cost for initial construction for the Project in both cities (Solana Beach and Encinitas) is $40,714,000. This cost estimate was updated by the USACE in November 2020 to reflect updated inflation assumptions and related contingencies and supersedes previous cost estimates.

The federal share for initial construction of the Project is $26,464,100 and the nonfederal (i.e., local and state) share would be $14,259,900, representing 65% and 35% of the cost, respectively. The estimated non-federal share will be funded up to 85% by state grants, such as the grant being applied for through this adopted Resolution, and locally by the cities of Solana Beach and Encinitas. Staff is working with Encinitas staff on the preparation of a joint grant application. Within the grant application, Staff is requesting a grant in the amount of $12,120,915 (equal to 85% of the local/state cost January 12, 2022
State Parks DBW Public Beach Restoration Grant Application

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share) which will be divided between Solana Beach and Encinitas for Project construction.

DISCUSSION:

The Project is designed to build coastal resilience and reduce storm damage related to coastal erosion over an initial 50-year authorization period, which is currently anticipated to occur from 2024 through 2074 depending on funding availability. The authorized Project is intended to provide for coastal storm damage reduction and restoration of approximately eight miles of shoreline within the cities of Solana Beach and Encinitas.

The Project will consist of initial placement of approximately one million cubic yards of beach quality sand on our cities’ beaches and would be re-nourished on a regular cycle during the Federal participation period of 50 years.

Federal funds in the amount of $500,000 were allocated to the Project in FY 20/21 to initiate the Pre-Construction, Engineering and Design (PED) phase for this important project. PED includes the following activities: engineering specifications and design, one year of pre-construction monitoring of natural resources, surfing conditions, beach and offshore borrow site material and bathymetry to establish baseline conditions, prepare technical reports and prepare construction documents. The Project PED phase is underway and fully funded and will conclude in 2023.

State Parks DBW aids municipalities with projects intended to enhance public recreation, public coastal access and visitor opportunities as is offered through the Project. Throughout the development of the joint Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) and Feasibility Study, DBW has been an important partner and is anticipated to continue to provide the majority of the financial match to support the construction phase of the Project.

In 2016, Council authorized the acceptance of a total of $450,000 in grant funding from the State Parks to support PED. The City of Encinitas was awarded an identical grant from State Parks for their share of the PED cost. Utilization of grant funds from the State reduces the cities’ local cost share for PED. The City is now actively utilizing these grant funds to complete the PED phase of the Project. Following the completion of the PED phase in 2023, federal and non-federal construction funding would then be utilized for Project construction. The grant pursued through this Resolution is intended to fund the initial beach sand placement (i.e., construction phase) portion of the Project.

CEQA COMPLIANCE STATEMENT:

Submittal of an application for funding is not a project under the California Environmental Quality Act (CEQA). A Final Joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) was certified in 2015 for the Solana Beach – Encinitas Shoreline Coastal Storm Damage Reduction project.

January 12, 2022
State Parks DBW Public Beach Restoration Grant Application

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FISCAL IMPACT:

While there is no fiscal impact associated with approving the attached Resolution, the City of Solana Beach, jointly with the City of Encinitas, is requesting grant funds in the amount of $12,120,915, which is 85 percent of the non-federal funds required to construct the Project. The remaining 15 percent of the non-federal Project cost shall be split between the cities of Solana Beach and Encinitas in proportion to the relative construction costs which vary due to the differing volumes of sand placed in each city over the life of the project. The City will use funds in the City’s Sand Replenishment Fund to support the City’s share of the required match. A budget adjustment will be requested if the grant is successful.

WORK PLAN:

Application for DBW funds is consistent with the implementation of Community Character Priorities and the ongoing protection of beach sand replenishment projects as identified in the Work Plan Items A.2, Local Coastal Program; and A.3, Beach Sand Replenishment and Retention Program.

OPTIONS:
• Approve Staff recommendation.
• Deny Staff recommendation.
• Provide other direction to Staff.

DEPARTMENT RECOMMENDATION:

Adopt Resolution 2022-001 (Attachment 1) authorizing submittal of a Grant application to the State of California Department of Parks and Recreation, Division of Boating and Waterways and authorize the City Manager to act on behalf of the City of Solana Beach, in consultation with the City Attorney, to negotiate and execute all agreements and amendments necessary to comply with the State Parks, Division of Boating and Waterways grant requirements.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation.
_______________________
Gregory Wade, City Manager
Attachments:

1. Resolution 2022-001
RESOLUTION 2022-001

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SOLANA BEACH, CALIFORNIA, AUTHORIZING

SUBMITTAL OF A GRANT APPLICATION TO THE STATE

OF CALIFORNIA, DEPARTMENT OF PARKS AND

RECREATION, DIVISION OF BOATING AND

WATERWAYS
WHEREAS, the City of Solana Beach proactively manages its shoreline and public beaches through comprehensive evaluations of existing conditions and identification of areas where erosion threatens public beaches or other critical public infrastructure; and
WHEREAS, coastal beach and bluff erosion is an existing challenge faced by the City and is anticipated to be exacerbated by rising seas in the future; and WHEREAS, coastal erosion has affected critical public infrastructure in the City including coastal access and public beaches, roadways, public utilities, parking areas, pedestrian paths and other public infrastructure; and
WHEREAS, the City desires to protect existing critical infrastructure in place and is seeking supplemental funding to support implementation of the City’s goals to protect infrastructure; and
WHEREAS, the U.S. Army Corps of Engineers will require non-federal funds to initiate construction of the San Diego, County, Solana Beach and Encinitas, Coastal Storm Damage Reduction Project; and
WHEREAS, the cost for initial construction for the Solana Beach & Encinitas Coastal Storm Damage Reduction Project is $40,714,000, with the federal share (65%) for initial construction approximated at $26,464,100 and the non-federal share (35%) at $14,259,900; and
WHEREAS, the mission of the State of California Department of Parks and Recreation, Division of Boating and Waterways’ Public Beach Restoration Program is to preserve and protect the California coastline by restoring and maintaining natural and recreational resources and minimizing damages by natural or man-made induced beach erosion; and
WHEREAS, the California Legislature approved the Public Beach Restoration Program in 2001-2002; and
Resolution 2022-001
State Parks DBW Grant Application

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Solana Beach City CouncilJanuary 12, 2022

Solana Beach City Council
January 12, 2022