Solana Beach City Council
January 11, 2023

Solana Beach City Council Regular Meeting Agenda January 11, 2023 Page 1 of 9 AGENDA
Joint REGULAR Meeting
Wednesday, January 11, 2023 * 6:00 p.m.

City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California ➢ City Council meetings are video recorded and archived as a permanent record. The video recording captures the complete proceedings of the meeting and is available for viewing on the City's website. ➢ Posted Reports & Supplemental Docs contain records up to the cut off time prior to meetings for processing new submittals. Complete records containing meeting handouts, PowerPoints, etc. can be obtained through a Records Request.

PUBLIC MEETING ACCESS
The Regular Meetings of the City Council are scheduled for the 2nd and 4th Wednesdays and are broadcast live. 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.

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.

AGENDA MATERIALS
A full City Council agenda packet including relative supporting documentation is available at City Hall, the Solana Beach Branch Library (157 Stevens Ave.), La Colonia Community Ctr., and online www.cityofsolanabeach.org. Agendas are posted at least 72 hours prior to regular meetings and at least 24 hours prior to special meetings. Writings and documents regarding an agenda of an open session meeting, received after the official posting, and distributed to the Council for consideration, will be made available for public viewing at the same time. In addition, items received at least 1 hour 30 minutes prior to the meeting time will be uploaded online with the agenda posting. Materials submitted for consideration should be forwarded to the City Clerk’s department 858-720-2400. The designated location for viewing of hard copies is the City Clerk’s office at City Hall during normal business hours.

PUBLIC COMMENTS
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 two hours 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.

And/Or
Verbal Comment Participation:

Please submit a speaker slip to the City Clerk prior to the meeting, or the announcement of the Section/Item, to provide public comment. Allotted times for speaking are outlined on the speaker’s slip for each agenda section: Oral Communications, Consent, Public Hearings and Staff Reports.

Public speakers have 3 minutes each to speak on each topic. Time may be donated by another individual

CITY OF SOLANA BEACH

SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,

PUBLIC FINANCING AUTHORITY, & HOUSING AUTHORITY
Solana Beach City Council Regular Meeting Agenda January 11, 2023 Page 2 of 9 who is present at the meeting to allow an individual up to 6 minutes to speak. Group: Time may be donated by two individuals who are present at the meeting allowing an individual up to 10 minutes to speak. Group Hearings: For public hearings only, time may be donated by two individuals who are present at the meeting allowing an individual up to 15 minutes to speak.

SPECIAL ASSISTANCE NEEDED
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 at least 72 hours prior to the meeting.

As a courtesy to all meeting attendees, please set all electronic devices to silent mode and engage in conversations outside the Council Chambers.

CITY COUNCILMEMBERS
Lesa Heebner
Mayor
David A. Zito
Councilmember District 1
Jewel Edson
Councilmember District 3
Kristi Becker
Councilmember District 2
Jill MacDonald
Councilmember District 4
Gregory Wade
City Manager
Johanna Canlas
City Attorney
Angela Ivey
City Clerk
SPEAKERS:

Please submit your speaker slip to the City Clerk prior to the meeting or the announcement of the Item. Allotted times for speaking are outlined on the speaker’s slip for Oral Communications, Consent, Public Hearings and Staff Reports.

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:

APPROVAL OF AGENDA:

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

None at the posting of this agenda
Solana Beach City Council Regular Meeting Agenda January 11, 2023 Page 3 of 9 ORAL COMMUNICATIONS:

Comments relating to items on this evening’s agenda are taken at the time the items are heard. 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 submitting a speaker slip (located on the back table) to the City Clerk. 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 presentation is THREE MINUTES. No donations of time are permitted (SBMC 2.04.190). Please be aware of the timer light on the Council Dais.

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.)
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 to the City Clerk a speaker slip (located on the back table) before the Consent Calendar is addressed. 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 heard immediately after approval of the Consent Calendar to hear the public speaker.

All speakers should refer to the public comment section at the beginning of the agenda for details.

Please be aware of the timer light on the Council Dais.

A.1. Minutes of the City Council.

Recommendation: That the City Council

1. Approve the Minutes of the following City Council meetings held December 09, 2022.

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

1. Ratify the list of demands for November 19, 2022 – December 16, 2022.

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 11, 2023 Page 4 of 9 A.3. General Fund Adopted Budget for Fiscal Year 2022/2023 Changes. (File 0330-30) Recommendation: That the City Council

1. Receive the report listing changes made to the Fiscal Year 2022-2023 General Fund Adopted Budget.

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. 2023 City Council Meeting Schedule Planning. (File 0410-05) Recommendation: That the City Council

1. Review, edit, and/or approve a 2023 anticipated Council Meeting schedule with proposed cancellations and/or additional meetings.

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. Community Development Block Grant Coronavirus (CDBG-CV) Funding for Community Resource Center (CRC) Food and Nutrition Center. (File 0230-20) Recommendation: That the City Council

1. Adopt Resolution 2023-001:
a. Approving the funding allocation of $31,150 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 any 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 increase the offsetting budget increases of $31,150 for both revenue and expenses in the CDBG Fund. d. Authorizing the City Manager to execute an amendment with the County for management and implementation of the CDBG-CV program and such other agreements, memoranda of understanding and documents related thereto. e. After the amendment with the County is executed, authorizing the City Manager to execute an agreement with the Community Resource Center in the amount of $31,150 to administer the Food and Nutrition Center Program.

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 11, 2023 Page 5 of 9 A.6. Fletcher Cove Tot Lot Equipment Purchase. (File 0720-30, 0730-40) Recommendation: That the City Council

1. Adopt Resolution 2023-005 authorizing the City Manager to execute any and all agreements necessary for the purchase of the Fletcher Cove Tot Lot playground equipment from Landscape Structures, Inc. (LSI) or their approved equipment supplier.

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. Solana Beach Successor Agency Administrative Budget and Recognized Obligation Payment Schedule (ROPS). (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, 2023 to June 30, 2024.

2. Adopt Resolution SA-031 approving the SA Administrative Budget for July 1, 2023 to June 30, 2024.

3. Adopt Resolution SA-032 approving the ROPS 23-24 for July 1, 2023 to June 30, 2024.

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. Transaction Tax Audit & Economic Analysis Consulting Services. (File 0390-00) Recommendation: That the City Council

1. Adopt Resolution 2023-004:
a. Authorizing the City Manager to execute a Professional Services Agreement, in an amount not to exceed $25,000, with Hinderliter de Llamas and Associates for transaction tax audit and economic analysis consulting services. b. Authorizing the City Manager to extend the agreement up to four additional oneyear terms at the sole discretion of the City. c. Authorizing an appropriation of $25,000 from the Professional Services account in the Finance department.
d. Authorizing the City Treasurer to amend the FY 2022/23 Adopted Budget accordingly.

2. Adoption of Resolution 2023-008 authorizing examination of sales or transactions use taxes records administered by the California Department of Tax and Fee Administration.

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 11, 2023 Page 6 of 9 A.9. Interim Finance Director/Treasurer Appointment. (File 0560-00) Recommendation: That the City Council

1. Adopt Resolution 2023-011 ratifying the appointment of Rodney Greek as Interim Finance Director/Treasurer and approve the retired annuitant interim employment agreement.

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.

NOTE: The City Council shall not begin a new agenda item after 10:30 p.m. unless approved by a unanimous vote of all members present. (SBMC 2.04.070) B. PUBLIC HEARINGS: (B.1. – B.3.)
This portion of the agenda provides citizens an opportunity to express their views on a specific issue as required by law after proper noticing by submitting a speaker slip (located on the back table) to the City Clerk. 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. 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 should refer to the public comment section at the beginning of the agenda for time allotment. Please be aware of the timer light on the Council Dais.

B.1. Public Hearing: 437 Marview Dr., Applicants: Tom and Marti Bertolino, Application: DRP21-009, SDP21-010 (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 to approve a DRP. Should the City Council support the SDP Waiver, the project would meet the requirements of the SDP.

Therefore, should the City Council be able to make the findings to approve the DRP and SDP Waiver, 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 2023-006 conditionally approving a DRP, SDP, and SDP Waiver to demolish a single-family residence, construct a replacement 4,074 square-foot, twostory single-family residence with a 742 square-foot street-level three-car garage, and perform associated site improvements at 437 Marview Drive, 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.

Solana Beach City Council Regular Meeting Agenda January 11, 2023 Page 7 of 9 B.2. Public Hearing: 327 N. Acacia Ave., Applicant: Gregory and Lynette Petre, Application: DRP22-011, SDP22-009. (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.

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 2023-003 conditionally approving a DRP and SDP to demolish a singlestory, single-family residence, construct a replacement two-story, single-family residence with an attached main floor garage, an attached ADU, and perform associated site improvements at 327 N. Acacia 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.

B.3. Public Hearing: 715 Ida Ave., Applicant: Chris Crowley, Case: DRP20-008, SDP20-012. (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.

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 15301 of the State CEQA Guidelines; and

3. If the City Council makes the requisite findings and approves the project, adopt Resolution 2023-002 conditionally approving a DRP and SDP for a replacement single-story, single-family residence and associated site improvements at 715 Ida Avenue, Solana Beach.

Item B.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.

C. STAFF REPORTS: (C.1.)
Submit speaker slips to the City Clerk.

All speakers should refer to the public comment section at the beginning of the agenda for time allotments. Please be aware of the timer light on the Council Dais.

Solana Beach City Council Regular Meeting Agenda January 11, 2023 Page 8 of 9 C.1. Safe Routes to Schools Program Recommendations. (File 0860-35) Recommendation: That the City Council

1. Receive the Staff Report and provide direction to Staff as needed.

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 22, 2022
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-MacDonald, Alternate-Edson d. Escondido Creek Watershed Authority: Becker / Staff (no alternate). e. League of Ca. Cities’ San Diego County Executive Committee: Primary-MacDonald, Alternate-Becker. Subcommittees determined by its members. f. League of Ca. Cities’ Local Legislative Committee: Primary-MacDonald, Alternate-Becker g. League of Ca. Cities’ Coastal Cities Issues Group (CCIG): Primary-MacDonald, Alternate-Becker
h. North County Dispatch JPA: Primary-MacDonald, Alternate-Becker i. North County Transit District: Primary-Edson, Alternate-MacDonald j. Regional Solid Waste Association (RSWA): Primary-Zito, Alternate-MacDonald k. SANDAG: Primary-Heebner, 1st 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-MacDonald, 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 – Edson, MacDonald c. Highway 101 / Cedros Ave. Development Committee – Heebner, Edson d. Parks and Recreation Committee – Zito, Becker
e. Public Arts Committee – Edson, Heebner
f. School Relations Committee – Becker, MacDonald
g. Solana Beach-Del Mar Relations Committee – Heebner, Edson

CITIZEN COMMISSION(S)
a. Climate Action Commission – Zito, MacDonald
ADJOURN:

Solana Beach City Council Regular Meeting Agenda January 11, 2023 Page 9 of 9 Next Regularly Scheduled Meeting is January 25, 2023
Always refer to the City’s website Event Calendar for an updated schedule or contact City Hall. www.cityofsolanabeach.org 858-720-2400

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 11, 2023 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 4, 2023 at 2:45 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 11, 2023, in the Council Chambers, at City Hall, 635 S. Highway 101, Solana Beach, California.

Angela Ivey, City Clerk
City of Solana Beach, CA
UPCOMING 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 OF SOLANA BEACH

SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,

PUBLIC FINANCING AUTHORITY, AND HOUSING AUTHORITY

MINUTES
Joint – Closed Session
Wednesday, November 09, 2022 ♦ 5:00 p.m.

City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California Minutes contain a summary of significant discussions and formal actions taken at a City Council meeting.

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

Mayor Heebner called the meeting to order at 5:03 p.m.

PUBLIC COMMENT ON CLOSED SESSION ITEMS (ONLY): None
Report to Council Chambers and submit speaker slips to the City Clerk before the meeting recesses to closed session.

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
- Fomon v. City of Solana Beach (37-2022-00037594-CU-WM-CTL) No reportable action.

ADJOURN:

Mayor Heebner adjourned the meeting at 5:50 p.m.

Angela Ivey, City Clerk Council Approved: December 9, 2022

Present: Lesa Heebner, Kelly Harless, David A. Zito, Jewel Edson, Kristi Becker

Absent: None
Also

Present:

Gregory Wade, City Manager
Johanna Canlas, City Attorney
Solana Beach City Council Special Meeting Minutes December 09, 2022 Page 1 of 6

MINUTES
Joint SPECIAL Meeting
Friday, December 09, 2022 * 4:00 p.m.

City Hall / Council Chambers, 635 S. Highway 101, Solana Beach, California  City Council meetings are video recorded and archived as a permanent record. The video recording captures the complete proceedings of the meeting and is available for viewing on the City's website.  Posted Reports & Supplemental Docs contain records up to the cut off time prior to meetings for processing new submittals. Complete records containing meeting handouts, PowerPoints, etc. can be obtained through a Records Request.

CITY COUNCILMEMBERS
Lesa Heebner, Mayor
Kelly Harless, Deputy Mayor David A. Zito, Councilmember Jewel Edson, Councilmember Kristi Becker, Councilmember Gregory Wade
City Manager
Johanna Canlas
City Attorney
Angela Ivey
City Clerk
CALL TO ORDER AND ROLL CALL:

Mayor Heebner called the meeting to order at 4:07 p.m.

Present: Lesa Heebner, Kelly Harless, David A. Zito, Jewel Edson, Kristi Becker,

Absent: None
Also

Present:

Greg Wade, City Manager
Johanna Canlas, City Attorney
Angela Ivey, City Clerk
Dan King, Assistant City Manager
Mo Sammak, City Engineer/Public Works Dir.

Rod Greek, Interim Finance Dir.

Joseph Lim, Community Development Dir.

CLOSED SESSION REPORT: None
FLAG SALUTE:

APPROVAL OF AGENDA:

Motion: Moved by Mayor Heebner and second by Councilmember Edson to approve.

Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None. Motion carried unanimously.

Council and Greg Wade, City Manager, recognized retiring Fire Chief Mike Stein and thanked him for his service.

CITY OF SOLANA BEACH

SOLANA BEACH CITY COUNCIL, SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,

PUBLIC FINANCING AUTHORITY, & HOUSING AUTHORITY
Solana Beach City Council Special Meeting Minutes December 09, 2022 Page 2 of 6 Mike Stein, Fire Chief, thanked all for their support and said that the Solana Beach Fire Department was in good shape and had a Class 1 rating, the highest Class of which only 2% of fire departments have in the country.

ORAL COMMUNICATIONS:

Comments relating to items on this evening’s agenda are taken at the time the items are heard. 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 submitting a speaker slip (located on the back table) to the City Clerk. 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 presentation is THREE MINUTES. No donations of time are permitted (SBMC 2.04.190). Please be aware of the timer light on the Council Dais.

Michelle Jaffe and Valeri Paul, Parks and Recreation Commission members, spoke about the holiday tree lighting event and thanked many volunteers, the public works department, and performers for their assistance and participation.

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.5.)
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 to the City Clerk a speaker slip (located on the back table) before the Consent Calendar is addressed. 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 heard immediately after approval of the Consent Calendar to hear the public speaker.

All speakers should refer to the public comment section at the beginning of the agenda for details.

Please be aware of the timer light on the Council Dais.

A.1. Minutes of the City Council.

Recommendation: That the City Council

1. Approve the Minutes of the City Council meetings held on October 12, 2022, October 26, 2022 and November 09, 2022.

Approved Minutes https://www.cityofsolanabeach.org/en/government/public-meetings/agendas-minutes-videos Motion: Moved by Councilmember Edson and second by Deputy Mayor Harless to approve.

Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None. Motion carried unanimously.

A.2. Salary Schedule Update – Fiscal Year (FY) 2022/2023. (File 0520-10) Recommendation: That the City Council

1. Adopt Resolution 2022-134 approving the amendments to the FY 2022/2023 Management Salary Schedule and Part-Time/Temporary/Seasonal Salary Schedule Solana Beach City Council Special Meeting Minutes December 09, 2022 Page 3 of 6 and authorize the City Manager to make any subsequent changes to the Salary Schedule in accordance with applicable laws.

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.

Motion: Moved by Councilmember Edson and second by Deputy Mayor Harless to approve.

Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None. Motion carried unanimously.

A.3. Outdoor Dining Extension. (File 0600-10)
Recommendation: That the City Council

1. Adopt Resolution 2022-132 extending the COVID-19 Temporary Use Permit Policy.

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.

Motion: Moved by Councilmember Edson and second by Deputy Mayor Harless to approve.

Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None. Motion carried unanimously.

A.4. November 8, 2022 General Election Results. (File 0430-20) Recommendation: That the City Council

1. Adopt Resolution 2022-130 approving the certification of the results for the November 8, 2022 General Municipal Election.

Item A.4. Report (click here)
Item A.4. Updated Report #1 (12-08-22 at 5:30pm)
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.

Motion: Moved by Councilmember Edson and second by Deputy Mayor Harless to approve.

Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None. Motion carried unanimously.

A.5. California Department of Tax and Fee Administration (CDTFA) Agreements for Implementation of Measure “S”. (File 0390-70)
Recommendation: That the City Council

1. Approve Resolution 2022-137 authorizing the City Manager to execute the necessary agreements with the California Department of Tax and Fee administration (CDTFA) for implementation of the Local Transactions and Use Tax.

2. Approve Resolution 2022-140 authorizing the examination of Sales or Transaction Use Taxes records.

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 Special Meeting Minutes December 09, 2022 Page 4 of 6 Motion: Moved by Councilmember Edson and second by Deputy Mayor Harless to approve.

Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None. Motion carried unanimously.

C. STAFF REPORTS: (C.1. – C.2.)
Submit speaker slips to the City Clerk.

All speakers should refer to the public comment section at the beginning of the agenda for time allotments. Please be aware of the timer light on the Council Dais.

C.1. United States Army Corps of Engineers (USACE) Project Partnership Agreement (PPA). (File 0740-80)
Recommendation: That the City Council

1. Adopt Resolution 2022-139:
a. Authorizing the City Manager to act on behalf of the City of Solana Beach, in consultation with the City Attorney, to execute the USACE Project Partnership Agreement (PPA);
b. Authorizing the City Manager to issue a noise exception for construction activities consistent with SBMC Section 7.34.100(B)(2)(b) to ensure Project construction begins on schedule in late 2023; and
c. Authorizing the City Manager to execute a Right-of-Entry (ROE) Permit with the State Department of Parks and Recreation for use of construction staging area on a portion of the Cardiff State Beach/Seaside Parking Lot in a form and with conditions acceptable to the City.

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.

Greg Wade, City Manager, presented a PowerPoint (on file) Council and Staff discussed the schedule, notifying residents and businesses, signage, and beach access.

Motion: Moved by Councilmember Edson and second by Councilmember Becker to approve.

Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None. Motion carried unanimously.

C.2. General Fund Update (Unaudited) – Fiscal Year 2021/22. (File 0330-80) Recommendation: That the City Council

1. Accept and file the General Fund Update for Fiscal Year 2021/22.

2. Provide direction to Staff regarding whether to use an amount of the projected General Fund surplus to fund the PARS Irrevocable Trust for Pensions as part of a budget appropriation to the General Fund Unreserved Fund Balance, and other funds as determined by the Finance Department, in Fiscal Year 2022/23.

3. Provide direction to Staff regarding whether to use an amount of the projected General Fund surplus to add funding to the FY23 Annual Pavement Management Program as part of a budget appropriation to the General Fund Unreserved Fund Balance in Fiscal Solana Beach City Council Special Meeting Minutes December 09, 2022 Page 5 of 6 Year 2022/23.

4. Approve Resolution 2022-123 revising appropriations in the Fiscal Year 2021/22 and Fiscal Year 2022/23 budgets.

5. Authorize the City Treasurer to amend the FY 2021/2022 and FY 2022/23 Adopted Budget accordingly.

Item C.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.

Greg Wade, City Manager, introduced the item.

Rod Greek, Acting Finance Dir., presented a PowerPoint (on file).

Council and Staff discussed funding options for next year’s annual pavement project and contribution to the Public Agency Retirement Services (PARS) trust fund.

Motion: Moved by Councilmember Zito and second by Deputy Mayor Harless to approve and allocate an additional $150,000 to the street program and $720,000 to the PARS trust fund.

Approved 5/0. Ayes: Heebner, Harless, Zito, Edson, Becker. Noes: None. Motion carried unanimously.

D.1. Recognition of Outgoing City Councilmember. (File 0410-85) Recognition of Deputy Mayor Harless concluding her 4-year term of service as Councilmember. Council, Staff, and Public comment.

Greg Wade, City Manager, recognized outgoing Deputy Mayor Harless for her kindness and compassion, her leadership on gun legislation including ghost guns which led to a state resolution, and presented her a gift from the City.

City Council addressed Deputy Mayor Harless recounting remembrances, acknowledging her service and character, and presented her a gift from Council.

Deputy Mayor Harless made remarks regarding her appreciation and respect for the public, City Council, colleagues, City staff, and Council’s accomplishments during her tenure.

Rose Ann Sharp, Never Again CA, spoke of Deputy Mayor Harless as a key strategist in gun legislation speaking to over 30 community-based clubs to explain the issues and collecting 2,000 signatures to end the Del Mar Gun Show.

Peter Zahn spoke about her service, integrity, values, and the depth of her impact.

Lisa Montes spoke about her leadership and her helping implement a Covid vaccine clinic in La Colonia and surrounding areas as well as feeding families that were out of jobs.

Cindi Clemons spoke about her public service to Solana Beach, Council committees, and past volunteer work, and presented her a gift from many friends.

Solana Beach City Council Special Meeting Minutes December 09, 2022 Page 6 of 6 Jodee Brentlinger, Solana Beach School District Superintendent, spoke about her advocacy for children and acknowledged her leadership, courage, and collaboration.

D.2. Administer Oaths of Office to New Elected Terms. (File 0470-85) The City Clerk will administer the oaths of office to newly elected positions:
 Councilmember District 2 - Kristi Becker
 Councilmember District 4 - Jill MacDonald
Angela Ivey, City Clerk, administered the Oath of Office to Kristi Becker and Jill MacDonald.

ADJOURN:

Mayor Heebner adjourned the meeting at 5:43 p.m.

Angela Ivey, City Clerk Council Approved: _________
CITY 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 11, 2023
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.

FISCAL IMPACT:

The register of demands for November 19, 2022 through December 16, 2022 reflects total expenditures of $2,892,744,12 from various City sources.

WORK PLAN:

N/A
Register of Demands - 11/19/22 through 12/16/22
Check Register-Disbursement Fund (Attachment 1) $ 2,219,852.54 Net Payroll Retiree Health December 2, 2022 3,769.00
Net Payroll Council December 8, 2022 5,233.96
Net Payroll Staff N11 November 25, 2022 313,847.28
Net Payroll Staff N12 December 9, 2022 350,041.34
TOTAL $ 2,892,744.12
January 11, 2023
Register of Demands

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 14
City of Solana Beach
Register of Demands

11/19/2022 - 12/16/2022
Department
Vendor Description Date
Check/EFT
Number Amount
100 - GENERAL FUND
MISSION SQUARE PLAN 302817 PLAN NUMBER: 302817 11/23/2022 102916 $12,443.33 MISSION SQUARE PLAN 302817 PLAN NUMBER: 302817 11/23/2022 102916 $5,344.82 MISSION SQUARE PLAN 302817 PLAN NUMBER: 302817 12/01/2022 9000645 $14,203.00 MISSION SQUARE PLAN 302817 PLAN NUMBER: 302817 12/08/2022 102979 $5,344.82 MISSION SQUARE PLAN 302817 PLAN NUMBER: 302817 12/08/2022 102979 $10,230.91 SOLANA BEACH FIREFIGHTERS ASSOC FD DUES PD 11/25/22 11/23/2022 9000642 $850.00 SOLANA BEACH FIREFIGHTERS ASSOC FD DUES PD 12/09/22 12/08/2022 9000656 $850.00 US BANK FRAUD CHARGE 12/01/2022 102923 $180.55
PRE-PAID LEGAL SERVICES, INC NOV 22-PPD LEGAL 12/14/2022 103034 $38.85 AFLAC NOVEMBER 22 12/08/2022 102961 $870.16
MISSION SQUARE RHS 801939 PLAN NUMBER: 801939 11/23/2022 102917 $2,110.96 MISSION SQUARE RHS 801939 PLAN NUMBER: 801939 12/01/2022 9000646 $2,110.96 MISSION SQUARE RHS 801939 PLAN NUMBER: 801939 12/08/2022 102980 $2,110.96 STERLING HEALTH SERVICES, INC. N11 FSA/DCA CONTRIBUTIONS 12/01/2022 9000649 $1,302.08 STERLING HEALTH SERVICES, INC. N11 FSA/DCA CONTRIBUTIONS 12/01/2022 9000649 $439.77 STERLING HEALTH SERVICES, INC. 2023 FSA PLAN YEAR-INITIAL FUNDING 12/14/2022 9000662 $4,325.83 SELF INSURED SERVICES COMPANY DEC 22-DENTAL 12/08/2022 9000653 $2,863.40 FRANCHISE TAX BOARD PD112522 ORDER#633140172933902746 11/23/2022 102915 $100.00 FRANCHISE TAX BOARD PD120822 ORDER#633140172933902746 12/08/2022 102977 $100.00 INSTATAX N11 11/25/22 PD TAXES 11/25/2022 9112522 $58,008.31 INSTATAX N11 11/25/22 PD TAXES 11/25/2022 9112522 $1,454.62 INSTATAX N11 11/25/22 PD TAXES 11/25/2022 9112522 $19,042.76 INSTATAX N11 11/25/22 PD TAXES 11/25/2022 9112522 $1,712.07 KAREN KELLY RFND-1718.20/1040 SOLANA 12/01/2022 102939 $300.99 JEFF PARSHALLE RFND-DRP21-017/SDP21-015 12/01/2022 102937 $1,583.00 JEFF PARSHALLE RFND-DRP21-017/SDP21-015 12/01/2022 102937 $548.00 JOE KELLEJIAN RFND-11/06/22-FCCC 12/01/2022 102938 $500.00 DAVID SCHULMAN RFND-10/28/22-FCCC 12/01/2022 102930 $500.00 SUSAN BUTLER RFND-11/19/22-FCCC 12/08/2022 102998 $500.00 ALYA ZAHID & GHADA ALIREZA RFND-SB0645095 12/08/2022 102962 $22.50 TOTAL GENERAL FUND $149,992.65
1005100 - CITY COUNCIL
LEAGUE OF CALIFORNIA CITIES INC MEMBERSHIP DUE-2022 12/14/2022 103024 $600.00 US BANK COUNCIL DINNER 12/14/2022 103014 $149.00
US BANK PENS 12/14/2022 103014 $40.28
TOTAL CITY COUNCIL $789.28
1005150 - CITY CLERK
IRON MOUNTAIN NOV 22-RECORDS STORAGE 12/08/2022 102981 $1,318.69 APPLE ONE, INC CLK-Temporary Staffing - 10/22/22 12/01/2022 102919 $844.56 APPLE ONE, INC CLK-Temporary Staffing - 11/12/22 12/01/2022 102919 $1,266.84 APPLE ONE, INC CLK-Temporary Staffing - 11/19/22 12/01/2022 102919 $1,548.36 APPLE ONE, INC CLK-Temporary Staffing - 11/05/22 12/01/2022 102919 $1,530.77 Page: 2 of 14
APPLE ONE, INC 11/26/22-TEMP SRVC-CLK 12/08/2022 102964 $633.42 APPLE ONE, INC 10/29/22-TEMP SRVC-CLK 12/08/2022 102964 $1,126.08 PITNEY BOWES GLOBAL FINANCIAL SVC E-Z SEAL BOTTLES 12/08/2022 102989 $82.42 STAPLES CONTRACT & COMMERCIAL FILE FOLDERS 12/08/2022 102996 $96.19 STAPLES CONTRACT & COMMERCIAL MOUSE 12/08/2022 102996 $49.55 STAPLES CONTRACT & COMMERCIAL PACKING TAPE/SHEET PROTECTORS 12/08/2022 102996 $96.78 STAPLES CONTRACT & COMMERCIAL KLEENEX/STAPLER/PAPER TOWELS 12/08/2022 102996 $79.05 STAPLES CONTRACT & COMMERCIAL PENS 12/08/2022 102996 $26.50 STAPLES CONTRACT & COMMERCIAL PENS 12/08/2022 102996 $26.50 STAPLES CONTRACT & COMMERCIAL FILE CABINET 12/08/2022 102996 $467.11 STAPLES CONTRACT & COMMERCIAL BINDERS/PACKING TAPE 12/08/2022 102996 $315.82 US BANK AI-LAW&ELECTION SEMINAR 12/14/2022 103014 $500.00 US BANK AI-AIR FILTER 12/14/2022 103014 $19.92
US BANK COSB COUNCIL TRANSCRIPT 12/14/2022 103014 $43.25 US BANK COSB COUNCIL TRANSCRIPT 12/14/2022 103014 $18.50 US BANK GAVEL FOR MAYOR 12/14/2022 103014 $145.09
US BANK ART&FRAME 12/14/2022 103014 $493.67
US BANK TRANSLATION SERVICES 12/01/2022 102923 $20.00
US BANK TRANSLATION SERVICES 12/01/2022 102923 $10.00
US BANK TRANSLATION SERVICES 12/01/2022 102923 $90.00
US BANK POOL NOODLES 12/01/2022 102923 $54.02
US BANK TRAINING WORKSHOP 12/01/2022 102923 $25.00
US BANK MINUTES VIDEO TRANS 12/01/2022 102923 $46.50
US BANK MINUTES VIDEO TRANS 12/01/2022 102923 $27.50
CAL EXPRESS CITY COUNCIL VIDEO CONVERSIONS 12/08/2022 102966 $90.00 PERFECT IMAGE VIDEO COUNCIL MTGS VIDEO TAPE CONVERSION 12/08/2022 102987 $860.28 TOTAL CITY CLERK $11,952.37
1005200 - CITY MANAGER
US BANK PARKING/GRAND JURY INTERVIEW 12/14/2022 103014 $12.00 US BANK CHAIRS 12/14/2022 103014 $581.85
US BANK CITY MNGR CONF. MULTI-ATENDEE 12/14/2022 103014 $1,500.00 US BANK BADGE CARABINERS 12/14/2022 103014 $114.20
US BANK LA TIMES SUBSCRIPTION 12/14/2022 103014 $51.87
US BANK GOING AWAY LUNCH 12/14/2022 103014 $296.15
US BANK FURNITURE 12/14/2022 103014 $1,400.74
US BANK BIRTHDAY CARDS 12/01/2022 102923 $31.84
US BANK ANNUAL CONFERENCE REFUND 12/01/2022 102923 ($525.00) US BANK BIRTHDAY CARDS 12/01/2022 102923 $10.75
US BANK LCC CONFERENCE 12/01/2022 102923 $7.62
US BANK LCC CONFERENCE 12/01/2022 102923 $682.78
ICMA MEMBERSHIP RENEWALS FY 23 MEMBERSHIP 12/01/2022 102936 $1,200.00 EMANUELS JONES AND ASSOCIATES DECEMBER 2022 SERVICES 12/08/2022 102974 $2,500.00 TOTAL CITY MANAGER $7,864.80
1005250 - LEGAL SERVICES
HDL-HINDERLITER, DE LLAMAS & ASSOC Q3 CY ECONOMIC DEVELOPMENT SER 12/14/2022 103023 $5,500.00 PILLSBURY WINTHROP SHAW PITTMAN LLP SEP 22-PROFESSIONAL SERVICE 12/01/2022 102947 $124.00 PILLSBURY WINTHROP SHAW PITTMAN LLP OCT 22-PROFESSIONAL SERVICE 12/01/2022 102947 $5,828.00 BURKE WILLIAMS & SORENSEN 96-0001-OCT 22/PROF SVC 12/01/2022 102921 $8,859.60 BURKE WILLIAMS & SORENSEN RETAIN-OCT 22 12/01/2022 102921 $11,644.00 BURKE WILLIAMS & SORENSEN 96-0037-OCT 22/PROF SVC 12/01/2022 102921 $7,800.00 BURKE WILLIAMS & SORENSEN 96-0037.002-OCT 22/PROF SVC 12/01/2022 102921 $261.80 Page: 3 of 14
BURKE WILLIAMS & SORENSEN 96-0040-OCT 22/PROF SVC 12/01/2022 102921 $575.40 BURKE WILLIAMS & SORENSEN 96-0040.002-OCT 22/PROF SVC 12/01/2022 102921 $246.60 BURKE WILLIAMS & SORENSEN 96-0001.002-OCT 22/PROF SVC 12/01/2022 102921 $890.10 BURKE WILLIAMS & SORENSEN 96-0002-OCT 22/PROF SVC 12/01/2022 102921 $1,708.00 BURKE WILLIAMS & SORENSEN 96-0006-OCT 22/PROF SVC 12/01/2022 102921 $3,879.40 BURKE WILLIAMS & SORENSEN 96-0014-OCT 22/PROF SVC 12/01/2022 102921 $1,481.20 BURKE WILLIAMS & SORENSEN 96-0019-OCT 22/PROF SVC 12/01/2022 102921 $165.60 BURKE WILLIAMS & SORENSEN COVID-96-0033-OCT 22/PROF SVC 12/01/2022 102921 $20.70 TOTAL LEGAL SERVICES $48,984.40
1005300 - FINANCE
US BANK ANNUAL GOV. TAX WEBINAR 12/14/2022 103014 $475.00 BUSINESS PRINTING COMPANY INC ENVELOPES 12/14/2022 103013 $542.91 DIAMOND MMP, INC. BUSINESS CERT RENEWAL FORMS 12/14/2022 103029 $1,400.62 KFORCE INC. 11/17/22-TEMP SERVICES-FIN 12/14/2022 9000660 $1,273.20 KFORCE INC. 11/10/22-TEMP SERVICES-FIN 12/14/2022 9000660 $1,280.00 KFORCE INC. 11/03/22-TEMP SERVICES-FIN 12/14/2022 9000660 $1,280.00 KFORCE INC. 11/24/22-TEMP SERVICES-FIN 12/14/2022 9000660 $960.00 AMAZON.COM SALES, INC LABELS 12/01/2022 102918 $42.87
AMAZON.COM SALES, INC WALL CALENDAR 12/08/2022 102963 $20.34 AMAZON.COM SALES, INC TONER X2 12/08/2022 102963 $175.17 AMAZON.COM SALES, INC PENS 12/08/2022 102963 $9.69
AMAZON.COM SALES, INC CUTLERY/PENS/BOWLS 12/14/2022 103009 $12.36 TOTAL FINANCE $7,472.16
1005350 - SUPPORT SERVICES
STAPLES CONTRACT & COMMERCIAL PAPER 12/01/2022 102952 $117.96 STAPLES CONTRACT & COMMERCIAL DESK CALENDAR/LAMENTANT POUCHES 12/01/2022 102952 $29.62 STAPLES CONTRACT & COMMERCIAL DUST OFF WIPES/RED INK REFILL 12/01/2022 102952 $31.76 STAPLES CONTRACT & COMMERCIAL PAPER 12/01/2022 102952 $30.48 XEROX CORPORATION OCT 22-XEROX CLERK 12/08/2022 103005 $100.01 XEROX CORPORATION OCT 22-XEROX CLERK 12/08/2022 103005 $271.68 XEROX CORPORATION OCT 22-XEROX PLN/ENG 12/08/2022 103005 $134.59 XEROX CORPORATION OCT 22-XEROX PLN/ENG 12/08/2022 103005 $546.78 XEROX CORPORATION OCT 22-XEROX UPSTAIRS 12/08/2022 103005 $48.63 XEROX CORPORATION OCT 22-XEROX UPSTAIRS 12/08/2022 103005 $298.25 XEROX CORPORATION OCT 22-XEROX-FIERY-PLN 12/08/2022 103005 $132.61 XEROX CORPORATION OCT 22-XEROX-FIERY-UPSTAIRS 12/08/2022 103005 $132.61 XEROX CORPORATION OCT 22-XEROX-FIERY-CLK 12/08/2022 103005 $122.84 XEROX CORPORATION NOV 22-FIERY-PLN 12/14/2022 103045 $132.61 XEROX CORPORATION NOV 22-FIERY-UPSTAIRS 12/14/2022 103045 $132.61 XEROX CORPORATION NOV 22-FIERY-CLK 12/14/2022 103045 $122.84 XEROX CORPORATION NOV 22-XEROX PLN/ENG 12/14/2022 103045 $51.92 XEROX CORPORATION NOV 22-XEROX PLN/ENG 12/14/2022 103045 $546.78 XEROX CORPORATION NOV 22-XEROX CLERK 12/14/2022 103045 $166.70 XEROX CORPORATION NOV 22-XEROX CLERK 12/14/2022 103045 $271.68 READY REFRESH BY NESTLE NOV 22-DRINKING WATER-CH 12/14/2022 103036 $268.50 READY REFRESH BY NESTLE NOV 22-DRINKING WATER-LC 12/14/2022 103036 $20.48 AMAZON.COM SALES, INC PLATES/COFFEE 12/08/2022 102963 $75.52 AMAZON.COM SALES, INC DISH SPONGE REFILLS 12/08/2022 102963 $10.76 AMAZON.COM SALES, INC CUTLERY/PENS/BOWLS 12/14/2022 103009 $39.85 TOTAL SUPPORT SERVICES $3,838.07
1005400 - HUMAN RESOURCES
Page: 4 of 14
SHARP REES-STEALY MEDICAL CTRS INC NOV 22-PRE-EMPLOYMENT SCREENING 12/08/2022 102994 $290.00 US BANK FIRE/PARA TEST RATER SNACKS 12/14/2022 103014 $35.39 US BANK SCANTRON TEST SHEETS 12/14/2022 103014 $10.76
US BANK FIRE/PARA TEST RATER LUNCH 12/14/2022 103014 $156.30 US BANK FIRE/PARA TEST RATER BREAKFAST 12/14/2022 103014 $76.94 NEOGOV, INC NEOGOV 2022 RENEWAL 12/08/2022 102984 $11,263.04 NEOGOV, INC NEOGOV 2022 RENEWAL 12/08/2022 102984 $5,443.90 ALTA LANGUAGE SERVICES, INC BILINGUAL TESTING-ZERMENO 12/08/2022 9000652 $68.00 CMR1 LLC PO 223-152- EMPLOYEE LUNCHEON (12/8/2022) 12/08/2022 102958 $2,753.01 TOTAL HUMAN RESOURCES $20,097.34
1005450 - INFORMATION SERVICES
COX COMMUNICATIONS INC 0013410039730701 - 10/19/22-11/18/22 12/14/2022 103017 $313.82 COX COMMUNICATIONS INC 0013410039730701-11/19/22-12/18/22 12/14/2022 103017 $313.82 CDW GOVERNMENT INC ADOBE LICENSES 12/01/2022 9000644 $6,439.51 US BANK ATT INTERNET 12/14/2022 103014 $64.20
US BANK CONSTANT CONTACT MARKETING 12/14/2022 103014 $55.00 US BANK MISAC CONF. HOTEL STAY 12/14/2022 103014 $1,450.95 US BANK DOMAIN LISTING 12/14/2022 103014 $9.95
US BANK TRANSMITTER & CONTROL PAD 12/14/2022 103014 $322.17 US BANK EMPLOYEE MEAL 12/14/2022 103014 $18.46
US BANK EMPLOYEE MEAL 12/14/2022 103014 $17.81
US BANK EMPLOYEE MEAL 12/14/2022 103014 $22.93
US BANK EMPLOYEE MEAL 12/14/2022 103014 $24.62
US BANK ATT INTERNET AUG 12/01/2022 102923 $64.20
US BANK HOSTING DOMAIN 12/01/2022 102923 $9.95
US BANK CONSTANT CONTACT 12/01/2022 102923 $55.00
SALIENT NETWORKS (FKA DIAL-PRO) 12/01/22-11/30/23-PROF SVC-COMM MAINT 12/01/2022 102948 $11,471.30 VERIZON WIRELESS-SD 670601022-00001-09/24-10/23/22 12/01/2022 102955 $114.03 VERIZON WIRELESS-SD 670601022-00001-10/24/22-11/23/22 12/14/2022 103044 $181.45 AT&T CALNET 3 9391012278-10/24/22-11/23/22 12/14/2022 103011 $3,437.63 AT&T CALNET 3 9391012282-10/24/22-11/23/22 12/14/2022 103011 $22.45 AT&T CALNET 3 9391053641-10/24/22-11/23/22 12/14/2022 103011 $167.08 AT&T CALNET 3 9391062899-10/24/22-11/23/22 12/14/2022 103011 $167.08 AT&T CALNET 3 9391012282-09/24/22-10/23/22 12/14/2022 103011 $22.90 AT&T CALNET 3 9391053641-08/24/22-09/23/22 12/14/2022 103011 $167.08 AT&T CALNET 3 9391053641-09/24/22-10/23/22 12/14/2022 103011 $167.08 AT&T CALNET 3 9391062899-08/24/22-09/23/22 12/14/2022 103011 $167.08 AT&T CALNET 3 93910628899-09/24/22-10/23/22 12/14/2022 103011 $167.08 AT&T CALNET 3 9391012278-08/24/22-09/23/22 12/14/2022 103011 $449.10 AT&T CALNET 3 9391012278-09/24/22-10/23/22 12/14/2022 103011 $3,443.43 AT&T CALNET 3 9391012282-08/24/22-09/23/22 12/14/2022 103011 $23.63 MANAGED SOLUTION NOV 22-IT SVC 12/01/2022 102940 $700.00 MANAGED SOLUTION OCT 22-IT SVC 12/01/2022 102940 $92.50 MANAGED SOLUTION IT SVC MANAGED SOLUTIONS-11/23/22 12/14/2022 103026 $231.25 FISHER INTEGRATED, INC. JUL 22-WEB STREAMING SVC 12/01/2022 102935 $800.00 FISHER INTEGRATED, INC. AUG 22-WEB STREAMING SVC/VAC 12/01/2022 102935 $1,100.00 FISHER INTEGRATED, INC. SEP 22-WEB STREAMING SVC 12/01/2022 102935 $800.00 FISHER INTEGRATED, INC. OCT 22-WEB STREAMING SVC 12/01/2022 102935 $800.00 TING FIBER INC. NOV 22-SB FACILITIES 12/01/2022 9000651 $3,249.00 TING FIBER INC. NOV 22-DEL MAR SHORE LG TOWER 12/01/2022 9000651 $450.00 TING FIBER INC. NOV 22-TIDE BEACH PARK LG TOWER 12/01/2022 9000651 $450.00 Page: 5 of 14
TING FIBER INC. DEC 22-TIDE BEACH PARK LG TOWER 12/14/2022 9000663 $450.00 TING FIBER INC. DEC 22-DEL MAR SHORES LG TOWER 12/14/2022 9000663 $450.00 TING FIBER INC. DEC 22-SB FACILITIES 12/14/2022 9000663 $3,249.00 AMAZON.COM SALES, INC BLUETOOTH ADAPTER/KEYBOARD/MOUSE 12/08/2022 102963 $70.01 AMAZON.COM SALES, INC LAPTOP BATTERY 12/08/2022 102963 $37.70 BLUEBEAM INC. E SIGNATURES LICENSING 12/01/2022 102920 $6,254.00 TOTAL INFORMATION SERVICES $48,534.25
1005550 - PLANNING
US BANK OFFICE SUPPLIES 12/14/2022 103014 $91.58
US BANK KEYBOARD 12/14/2022 103014 $80.13
UT SAN DIEGO - NRTH COUNTY PUB HRNG-MOD22-004 12/08/2022 103001 $367.50 UT SAN DIEGO - NRTH COUNTY PUB HRNG-DRP 22-002 12/08/2022 103001 $341.07 UT SAN DIEGO - NRTH COUNTY PUB HRG-DRP21-009/SDP21-010 12/08/2022 103001 $384.21 BUSINESS PRINTING COMPANY INC BUSINESS CARDS 12/01/2022 102922 $213.54 TOTAL PLANNING $1,478.03
1005560 - BUILDING SERVICES
US BANK REFUND/VERSARE SOLUTIONS 12/14/2022 103014 ($122.84) US BANK SLIDING WALL PARTITION 12/01/2022 102923 $1,295.32 TOTAL BUILDING SERVICES $1,172.48
1005590 - PARKING ENFORCEMENT
US BANK COPIES RECORDED DOCS 12/01/2022 102923 $12.06
US BANK COPIES RECORDED DOCS 12/01/2022 102923 $10.63
US BANK OFFICE SUPPLIES/EQUIP 12/01/2022 102923 $269.36 US BANK OFFICE SUPPLIES/EQUIP 12/01/2022 102923 $85.11
US BANK CLIPBOARD 12/14/2022 103014 $50.08
VERIZON WIRELESS-SD 442224168-00001-10/24/22-11/23/22 12/14/2022 103044 $141.21 1 STOP TONER & INKJET, LLC TONER-PLN 12/08/2022 102986 $117.23 WEX FLEET UNIVERSAL 11/08/22-12/07/22-AUTO FUEL 12/08/2022 103004 $160.71 TOTAL PARKING ENFORCEMENT $846.39
1006120 - FIRE DEPARTMENT
US BANK MAINTENANCE SUPPLIES 12/14/2022 103014 $36.43
US BANK MAINTENANCE SUPPLIES 12/14/2022 103014 $31.02
US BANK PIZZA FOR VOLUNTEERS 12/14/2022 103014 $201.50
US BANK DRY ERASE BOARD 12/14/2022 103014 $46.06
US BANK DRY ERASE MARKERS 12/14/2022 103014 $24.36
US BANK OFFICE PENS 12/14/2022 103014 $30.14
US BANK PENS AND SQUEEGEE 12/14/2022 103014 $54.14
US BANK TIRES 12/14/2022 103014 $358.95
US BANK CLIPBOARD 12/14/2022 103014 $17.19
US BANK MAINTENANCE SUPPLIES 12/14/2022 103014 $114.61
US BANK CLEANING SUPPLIES 12/14/2022 103014 $406.72
US BANK PRINTER INK 12/14/2022 103014 $90.28
US BANK PRINTER INK 12/14/2022 103014 $58.17
US BANK GAS 12/14/2022 103014 $150.00
US BANK COYOTE CAMP FL MEAL 12/14/2022 103014 $115.25
US BANK OFFICE COFFEE 12/14/2022 103014 $55.13
US BANK DRINKING WATER 12/14/2022 103014 $363.24
US BANK GAS 12/14/2022 103014 $150.00
US BANK LITHIUM GREASE 12/01/2022 102923 $25.72
US BANK RIG/STATION MAINTENANCE 12/01/2022 102923 $76.26 US BANK TRK MOUNTING GASKET 12/01/2022 102923 $30.87
Page: 6 of 14
US BANK MAINTENANCE MATERIALS 12/01/2022 102923 $171.18 US BANK DATE STAMPS 12/01/2022 102923 $76.40
US BANK DRINKING CUPS 12/01/2022 102923 $23.69
US BANK CLEANING SUPPLIES 12/01/2022 102923 $334.71
NORTH COUNTY EVS, INC NCEVS APPARATUS REPAIR 12/01/2022 102943 $8,947.12 VERIZON WIRELESS-SD 962428212-00001-09/29-10/28/22 12/01/2022 102955 $560.84 VERIZON WIRELESS-SD 962428212-0001-10/29/22-11/28/22 12/14/2022 103044 $560.80 PARKHOUSE TIRE INC FIRE TRUCK TIRES 12/01/2022 102945 $3,274.57 REGIONAL COMMS SYS, MS 056 - RCS NOV 22-CAP CODE 12/08/2022 102991 $32.50 FIRE STATS, LLC JUL-SEP 22-FIRE DATA 12/08/2022 102976 $637.50 AT&T CALNET 3 9391059865-09/01/22-09/30/22 12/14/2022 103011 $398.50 JAMES HANCOCK REIMB-S-230 CREW BOSS 12/14/2022 103022 $286.00 CHARLES MEAD REIMB-COMP OFFICER 2C PROM 12/14/2022 103027 $400.00 ZACHARY BASIN RFND-CCAI CONFERENCE 12/01/2022 9000643 $907.27 WEX BANK OCT 22-AUTO FUEL & CR TAX 12/08/2022 103003 $2,165.82 WEX FLEET UNIVERSAL 11/08/22-12/07/22-AUTO FUEL 12/08/2022 103004 $146.82 ENTENMANN-ROVIN CO. INC BADGES-FIRE CHIEF 12/01/2022 102933 $259.43 LINEGEAR FIRE & RESCUE EQUIPMENT HOT SHIELD ULTRA SHROUD 12/14/2022 103025 $78.51 AFECO INC REPAIR-RESTITCHING 12/08/2022 102995 $17.00
CALIFORNIA CONFERENCE OF ARSON OCT 22-TRAINING REGISTRATION 12/08/2022 102967 $495.00 TOTAL FIRE DEPARTMENT $22,209.70
1006130 - ANIMAL CONTROL
HABITAT PROTECTION, INC OCT 22- DEAD ANIMAL REMOVAL 12/01/2022 102946 $145.00 HABITAT PROTECTION, INC OCT 22- DEAD ANIMAL REMOVAL 12/01/2022 102946 $145.00 HABITAT PROTECTION, INC OCT 22- DEAD ANIMAL REMOVAL 12/01/2022 102946 $145.00 TOTAL ANIMAL CONTROL $435.00
1006170 - MARINE SAFETY
US BANK 2481 NEW BATTERY 12/14/2022 103014 $216.46
US BANK 300FT TAPE MEASURE 12/14/2022 103014 $20.42
US BANK FAUCET/SHELF HRDWR 12/14/2022 103014 $81.29
US BANK BUNGEE CORDS 12/14/2022 103014 $12.18
US BANK GATORADE 12/14/2022 103014 $66.51
US BANK ICE BAGS 12/14/2022 103014 $12.91
US BANK PWC REPAIR 12/14/2022 103014 $600.00
US BANK PWC REPAIR 12/14/2022 103014 $624.05
US BANK HQ SUPPLIES 12/14/2022 103014 $22.83
US BANK KAMMERER CPR CERT. 12/14/2022 103014 $23.00
US BANK TOWER MOVE BREAKFAST 12/14/2022 103014 $58.12
US BANK BUCKETS 12/14/2022 103014 $11.60
US BANK SCUBA TANK VIP & FILL 12/14/2022 103014 $38.54
US BANK PWC COVER 12/14/2022 103014 $107.37
US BANK 2481 BRAKE LIGHT 12/14/2022 103014 $17.23
US BANK 2481 OIL CHANGE 12/14/2022 103014 $46.15
US BANK MONTHLY PLANNERS X5 12/14/2022 103014 $113.20
US BANK PHONE FOR DEL MAR SHORES 12/14/2022 103014 $46.32 US BANK TOILET SEAT AND LEVER 12/14/2022 103014 $47.82
US BANK BATTERIES FOR ALARM 12/14/2022 103014 $23.48
US BANK GLASS CLEANER 12/14/2022 103014 $20.46
US BANK DEPT PHOTO FRAMES 12/14/2022 103014 $36.61
US BANK PENCIL SHARPENER 12/14/2022 103014 $16.14
US BANK UMBRELLA 12/14/2022 103014 $86.19
Page: 7 of 14
US BANK WETSUITS X5 12/14/2022 103014 $1,001.93
US BANK CALENDARS 12/14/2022 103014 $44.06
US BANK MICROWAVE 12/01/2022 102923 $161.61
US BANK OFFICE SUPPLIES 12/01/2022 102923 $30.16
US BANK OFFICE SUPPLIES 12/01/2022 102923 $22.62
US BANK MICROWAVE RETURN 12/01/2022 102923 ($129.29)
US BANK MINOR MED AID STORAGE 12/01/2022 102923 $35.52
US BANK BATTERIES FOR HQ 12/01/2022 102923 $32.84
US BANK EMR RECERT 12/01/2022 102923 $23.00
US BANK HQ/DISPATCH IPAD CASE 12/01/2022 102923 $28.87
US BANK LIFEGUARD TRUCK STORAGE 12/01/2022 102923 $36.62 US BANK UNIT 2487 SERVICE 12/01/2022 102923 $684.83
US BANK GRAMMAR SOFTWARE 12/01/2022 102923 $144.00
US BANK DISHWASH SCRUBBER KIT 12/01/2022 102923 $12.38
US BANK SURF&WEATHER SUBSCRIPTION 12/01/2022 102923 $99.99 US BANK BRACKET FOR BLINDS 12/01/2022 102923 $24.88
US BANK T-9 (3 CANS) 12/01/2022 102923 $48.42
US BANK FLOAT COAT 12/01/2022 102923 $253.19
US BANK DETERGENT & DISH SOAP 12/01/2022 102923 $56.45
US BANK ICE 12/01/2022 102923 $5.16
US BANK HEADQUARTERS SUNBLOCK 12/01/2022 102923 $246.56 US BANK STAFF PHOTO '21&'22 12/01/2022 102923 $10.73
US BANK MOUSE TRAPS 12/01/2022 102923 $7.95
US BANK DAILY LOG BOOK 12/01/2022 102923 $141.15
US BANK INCIDENT REPORTS 12/01/2022 102923 $51.66
CULLIGAN OF SAN DIEGO NOV 22-CULLIGAN WATER 12/08/2022 102969 $49.83 CULLIGAN OF SAN DIEGO WATER 12/01/22-12/31/22 12/14/2022 103019 $49.83 VERIZON WIRELESS-SD 962428212-00001-09/29-10/28/22 12/01/2022 102955 $152.04 VERIZON WIRELESS-SD 962428212-0001-10/29/22-11/28/22 12/14/2022 103044 $152.04 AT&T CALNET 3 9391012281-10/25/22-11/24/22 12/14/2022 103011 $70.22 AT&T CALNET 3 9391053651-10/25/22-11/24/22 12/14/2022 103011 $266.16 AT&T CALNET 3 9391019469-08/20/22-09/19/22 12/14/2022 103011 $27.12 AT&T CALNET 3 9391012281-08/25/22-09/24/22 12/14/2022 103011 $88.33 AT&T CALNET 3 9391019469-10/20/22-11/19/22 12/14/2022 103011 $23.19 AT&T CALNET 3 9391019469-09/20/22-10/19/22 12/14/2022 103011 $24.24 AT&T CALNET 3 9391012281-09/25/22-10/24/22 12/14/2022 103011 $74.62 AT&T CALNET 3 9391053651-09/24/22-10/24/22 12/14/2022 103011 $274.10 SHULTZ AUDIO VIDEO AMP REPLACEMENT 12/01/2022 102951 $370.00 WEX FLEET UNIVERSAL 11/08/22-12/07/22-AUTO FUEL 12/08/2022 103004 $739.38 GUARDIAN SAFTEY & SUPPLY, LLC RAIN JACKET/PVC BIB OVERALLS 12/01/2022 102934 $67.81 TOTAL MARINE SAFETY $7,853.08
1006510 - ENGINEERING
US BANK HOTEL STAY 12/01/2022 102923 $675.53
US BANK HOTEL STAY 12/01/2022 102923 $637.21
US BANK CITY ENG LUNCH 12/01/2022 102923 $17.64
ANDA WRIGHT REIMB-PWX 2022 12/14/2022 103010 $76.59
WEX FLEET UNIVERSAL 11/08/22-12/07/22-AUTO FUEL 12/08/2022 103004 $158.48 TOTAL ENGINEERING $1,565.45
1006520 - ENVIRONMENTAL SERVICES
MISSION LINEN & UNIFORM INC PW-LAUNDRY 12/01/2022 102941 $10.96 MISSION LINEN & UNIFORM INC LAUNDRY-PW 12/08/2022 102983 $10.97 Page: 8 of 14
MISSION LINEN & UNIFORM INC LAUNDRY-PW 12/08/2022 102983 $10.96 MISSION LINEN & UNIFORM INC LAUNDRY-PW 12/14/2022 103030 $10.97 AFFORDABLE PIPELINE SERVICES INC R-URINAL 12/08/2022 102960 $525.00 CITY OF CARLSBAD ACCT-C03239-WQIP COST SHARE AGREEMENT 12/01/2022 102927 $1,863.00 SANTA FE IRRIGATION DISTRICT NOV 22-005506-014 12/14/2022 103037 $215.64 US BANK DG-STORMWATER CLASS 12/01/2022 102923 $650.00
MIKHAIL OGAWA ENGINEERING OCT 22 - STORMWATER PROGRAM 12/08/2022 102982 $1,240.30 MIKHAIL OGAWA ENGINEERING OCT 22- STORMWATER PROGRAM 12/08/2022 102982 $5,902.39 MIKHAIL OGAWA ENGINEERING NOV 22-STORMWATER PROGRAM 12/14/2022 103028 $379.20 MIKHAIL OGAWA ENGINEERING NOV 22-STORMWATER PROGRAM 12/14/2022 103028 $5,227.40 SAN ELIJO JPA FY 23 Q2 OPERATIONS & MAINTENANCE FEE 12/08/2022 102992 $2,802.00 SAN ELIJO JPA FY 23 Q3 OPERATIONS & MAINTENANCE FEE 12/08/2022 102992 $2,802.00 WEX FLEET UNIVERSAL 11/08/22-12/07/22-AUTO FUEL 12/08/2022 103004 $461.03 TOTAL ENVIRONMENTAL SERVICES $22,111.82
1006530 - STREET MAINTENANCE
MISSION LINEN & UNIFORM INC PW-LAUNDRY 12/01/2022 102941 $18.80 MISSION LINEN & UNIFORM INC LAUNDRY-PW 12/08/2022 102983 $18.80 MISSION LINEN & UNIFORM INC LAUNDRY-PW 12/08/2022 102983 $18.80 MISSION LINEN & UNIFORM INC LAUNDRY-PW 12/14/2022 103030 $18.80 DIXIELINE LUMBER CO INC GLOVES 12/08/2022 102971 $9.69
DIXIELINE LUMBER CO INC BATTERIES 12/08/2022 102971 $124.90 DIXIELINE LUMBER CO INC GLOVES/BLACK TOP PATCH 12/08/2022 102971 $247.10 DIXIELINE LUMBER CO INC CONCRETE MIX 12/08/2022 102971 $33.57 DIXIELINE LUMBER CO INC PRIMER/PAINT 12/14/2022 103020 $345.10 SANTA FE IRRIGATION DISTRICT NOV 22-011695-000 12/14/2022 103037 $124.37 SDG&E CO INC 09/09/22-11/07/22-UTILITIES 12/01/2022 102950 $1,942.18 SDG&E CO INC 10/01/22-11/07/22-UTILITES 12/01/2022 102950 $571.11 NAPA AUTO PARTS INC CHISEL SET/TRANSMISSION FLUID 12/01/2022 102942 $70.31 US BANK DH-OFFICE SUPPLIES 12/14/2022 103014 $17.22
UNDERGROUND SVC ALERT OF SOCAL INC DEC 22-DIG ALERT 12/14/2022 103043 $67.75 NISSHO OF CALIFORNIA OCT 22-LANDSCAPE MAINTENANCE SERVICES 12/14/2022 103032 $1,827.01 TRAFFIC SUPPLY, INC STREET NAME SIGNS/PAINT 12/08/2022 103000 $739.62 TRAFFIC SUPPLY, INC CUSTOME SIGNS/BOLTS/CLAMPS 12/08/2022 103000 $677.12 WEX FLEET UNIVERSAL 11/08/22-12/07/22-AUTO FUEL 12/08/2022 103004 $417.82 TOTAL STREET MAINTENANCE $7,290.07
1006540 - TRAFFIC SAFETY
SDG&E CO INC 09/09/22-11/07/22-UTILITIES 12/01/2022 102950 $2,386.92 SDG&E CO INC 10/01/22-11/07/22-UTILITES 12/01/2022 102950 $528.22 REDFLEX TRAFFIC SYSTEMS, INC OCT 22-RED LIGHT CAMERA ENFORCEM 12/08/2022 9000655 $7,158.00 REDFLEX TRAFFIC SYSTEMS, INC NOV 22- RED LIGHT CAMERA ENFORCEM 12/14/2022 9000661 $7,694.85 AT&T CALNET 3 9391012279-10/24/22-11/23/22 12/14/2022 103011 $49.69 STC TRAFFIC, INC OCT 22- ON-CALL TRAFFIC CONSULTING 12/08/2022 102997 $370.00 YUNEX LLC OCT 22- TRAFFIC SIGNAL & SAFETY LIGHT

MAINT/REPAIR
12/08/2022 9000658 $1,120.00
YUNEX LLC OCT 22-TRAFFIC SIGNAL & SAFETY LIGHT

MAINT/REPAIR
12/08/2022 9000658 $744.80
YUNEX LLC FY23 TRAFFIC SIGNAL AND SAFETY LIGHT

MAINT/REPAIR
12/14/2022 9000665 $1,120.00
TOTAL TRAFFIC SAFETY $21,172.48
1006550 - STREET CLEANING
SANTA FE IRRIGATION DISTRICT NOV 22-011695-000 12/14/2022 103037 $73.04 PRIDE INDUSTRIES NOV 22-TRASH ABATEMENT SERVICES 12/14/2022 103035 $1,499.62 Page: 9 of 14
SCA OF CA, LLC NOV 22- STREET SWEEPING SERVICES 12/14/2022 103038 $3,910.15 TOTAL STREET CLEANING $5,482.81
1006560 - PARK MAINTENANCE
MISSION LINEN & UNIFORM INC PW-LAUNDRY 12/01/2022 102941 $13.32 MISSION LINEN & UNIFORM INC LAUNDRY-PW 12/08/2022 102983 $13.32 MISSION LINEN & UNIFORM INC LAUNDRY-PW 12/08/2022 102983 $13.32 MISSION LINEN & UNIFORM INC LAUNDRY-PW 12/14/2022 103030 $13.32

RANCHO SANTA FE SECURITY SYS INC DEC SECURITY PTRL, RESTROOM LKUP, ALARM

MONITORIN
12/08/2022 102990 $331.20
RANCHO SANTA FE SECURITY SYS INC FY23 ALARM MONITORIN 12/08/2022 102990 $100.00 RANCHO SANTA FE SECURITY SYS INC NOV 22- SECURITY PTRL 12/08/2022 102990 $661.10 DIXIELINE LUMBER CO INC SEALANT 12/08/2022 102971 $23.24 SANTA FE IRRIGATION DISTRICT 005506-015 - SEP-NOV 22 12/01/2022 102949 $228.24 SANTA FE IRRIGATION DISTRICT 005506-016 - SEP-NOV 22 12/01/2022 102949 $335.17 SANTA FE IRRIGATION DISTRICT 005979-003 - SEP-NOV 22 12/01/2022 102949 $608.55 SANTA FE IRRIGATION DISTRICT 005979-005 - 10/01/22-11/01/22 12/14/2022 103037 $400.06 SANTA FE IRRIGATION DISTRICT 005506-018 -11/02/22-12/01/22 12/14/2022 103037 $319.21 SANTA FE IRRIGATION DISTRICT 005506-019 -11/02/22-12/01/22 12/14/2022 103037 $676.49 GRAINGER INC SERVOMOTOR 12/08/2022 102978 $68.29
US BANK DRUM LINERS 12/01/2022 102923 $134.53
US BANK VEHICLE TIRES 12/01/2022 102923 $500.06
ELECTRICAL SALES INC DEL MAR SHORES ELECTRICAL PEDE 12/01/2022 102932 $2,844.60 NISSHO OF CALIFORNIA OCT 22-LANDSCAPE MAINTENANCE SERVICES 12/14/2022 103032 $18,368.90 DOG WASTE DEPOT DOG WASTE BAGS 12/08/2022 102972 $2,405.52 THE HOME DEPOT PRO BLEACH/LINERS 12/01/2022 102953 $684.03 WEX FLEET UNIVERSAL 11/08/22-12/07/22-AUTO FUEL 12/08/2022 103004 $86.44 FERANDELL TENNIS COURTS, INC PICKLE BALL COURT IMPROVEMENTS 12/08/2022 102975 $11,305.00 TOTAL PARK MAINTENANCE $40,133.91
1006570 - PUBLIC FACILITIES
DIXIELINE LUMBER CO INC PRIMER 12/01/2022 102931 $49.52 DIXIELINE LUMBER CO INC ADHESIVE 12/08/2022 102971 $6.78 DIXIELINE LUMBER CO INC ROOF CEMENT 12/08/2022 102971 $47.39 DIXIELINE LUMBER CO INC BLANK KEY 12/08/2022 102971 $5.41 DIXIELINE LUMBER CO INC SCRAPER/PLASTIC WOOD PUTTY 12/08/2022 102971 $27.91 SDG&E CO INC 09/09/22-11/07/22-UTILITIES 12/01/2022 102950 $16,141.78 SDG&E CO INC 10/01/22-11/07/22-UTILITES 12/01/2022 102950 $2,390.09 US BANK FIRE OIL RAC BEND 12/14/2022 103014 $238.70
US BANK 101 PUMP SHIPPING 12/14/2022 103014 $75.48
US BANK WATER FILTER 12/14/2022 103014 $41.53
US BANK SPEEDWAY 12/14/2022 103014 $146.66
US BANK FILTERS/VENT FAN 12/14/2022 103014 $437.76
US BANK DRYER 12/14/2022 103014 $456.70
US BANK RETURN FIRE AIR CON 12/14/2022 103014 $19.42
US BANK WINDOW TINT 12/14/2022 103014 $650.00
US BANK CORK BOARD ROLLS 12/14/2022 103014 $73.68
US BANK MARINE SAFETY AIR COMPRESSOR 12/14/2022 103014 $937.41 US BANK WASHER MAINTENANCE 12/14/2022 103014 $913.84
US BANK USG RADAR 12/01/2022 102923 $334.28
SAN ELIJO JPA FY 23 Q2 OPERATIONS & MAINTENANCE FEE 12/08/2022 102992 $3,721.00 SAN ELIJO JPA FY 23 Q3 OPERATIONS & MAINTENANCE FEE 12/08/2022 102992 $3,721.00 NISSHO OF CALIFORNIA OCT 22-LANDSCAPE MAINTENANCE SERVICES 12/14/2022 103032 $2,174.11 Page: 10 of 14
24 HOUR ELEVATOR, INC DEC 22- ELEVATOR PREVENTATIVE MAINT/REPAIR 12/14/2022 103007 $185.22 CINTAS CORPORATION NO. 2 FIRST AID SUPPLIES-PW 12/01/2022 102925 $54.76 CINTAS CORPORATION NO. 2 FIRST AID SUPPLIES-CH 12/01/2022 102925 $223.92 HABITAT PROTECTION, INC NOV 22- PEST/RODENT CONTROL 12/08/2022 102988 $64.00 HABITAT PROTECTION, INC NOV 22- PEST/RODENT CONTROL 12/08/2022 102988 $39.00 HABITAT PROTECTION, INC NOV 22- PEST/RODENT CONTROL 12/08/2022 102988 $64.00 HABITAT PROTECTION, INC NOV 22- PEST/RODENT CONTROL 12/08/2022 102988 $35.00 HABITAT PROTECTION, INC NOV 22- PEST/RODENT CONTROL 12/08/2022 102988 $38.00 HABITAT PROTECTION, INC NOV 22- PEST/RODENT CONTROL 12/08/2022 102988 $52.00 HABITAT PROTECTION, INC NOV 22- PEST/RODENT CONTROL 12/08/2022 102988 $35.00 STANDARD PLUMBING SUPPLY COMPANY TOILET GASKETS/SPONGE/PARTS KIT 12/14/2022 103039 $36.66 STANDARD PLUMBING SUPPLY COMPANY FLUSHOMETER/TOILET GASKET 12/14/2022 103039 $464.07 CALIFORNIA OFFICE CLEANING, INC NOV 22-JANITORIAL/CUSTODIAL 12/14/2022 103016 $8,320.00 WEX FLEET UNIVERSAL 11/08/22-12/07/22-AUTO FUEL 12/08/2022 103004 $144.07 PRIDE INDUSTRIES NOV 22-TRASH ABATEMENT SERVICES 12/14/2022 103035 $1,499.63 TOTAL PUBLIC FACILITIES $43,865.78
1007100 - COMMUNITY SERVICES
STAPLES CONTRACT & COMMERCIAL DESK CALENDAR/LAMENTANT POUCHES 12/01/2022 102952 $6.45 US BANK ANNUAL CONFERENCE REG 12/14/2022 103014 $475.00 KAYLA MOSHKI 2022 MMASC CONFERENCE 12/01/2022 9000647 $668.82 AMAZON.COM SALES, INC PAPER CUTTER 12/01/2022 102918 $50.63 TOTAL COMMUNITY SERVICES $1,200.90
1007110 - GF-RECREATION
US BANK VET DAY FLYER TRANSLATION 12/14/2022 103014 $30.60 US BANK HOLIDAY FLYER TRANSLATION 12/14/2022 103014 $30.00 US BANK VETERANS WALL ART FRAME 12/14/2022 103014 $375.00 ABLE PATROL & GUARD, INC NOV 22-FCCC GUARD SVC 12/08/2022 102959 $250.00 CALIFORNIA OFFICE CLEANING, INC NOV 22-JANITORIAL/CUSTODIAL SVC 12/08/2022 102968 $180.00 WEX FLEET UNIVERSAL 11/08/22-12/07/22-AUTO FUEL 12/08/2022 103004 $51.54 TOTAL GF-RECREATION $917.14
1205460 - SELF INSURANCE RETENTION
SECTRAN SECURITY INC NOV 22-CARRIER/FUEL 12/08/2022 102993 $160.18 SECTRAN SECURITY INC AUG 22-COURIER SVC/FUEL 12/08/2022 102993 ($160.81) SECTRAN SECURITY INC AUG 22-COURIER SVC/FUEL 12/08/2022 102993 $160.81 SECTRAN SECURITY INC JUL 22-COURIER SVC/FUEL 12/08/2022 102993 ($162.05) SECTRAN SECURITY INC JUL 22-CARRIER SVC/FUEL 12/08/2022 102993 $162.05 SECTRAN SECURITY INC SEP 22-COURIER SVC/FUEL 12/08/2022 102993 ($158.93) SECTRAN SECURITY INC SEP 22-COURIER SVC/FUEL 12/08/2022 102993 $158.93 SECTRAN SECURITY INC OCT 22-COURIER SVC/FUEL 12/08/2022 102993 ($159.56) SECTRAN SECURITY INC OCT 22-COURIER SVC/FUEL 12/08/2022 102993 $159.56 MEGAN BAVIN CY 22 GYM REIMB 12/14/2022 103012 $480.00
JOSEPH PENNELL CY 22 GYM REIMB 12/14/2022 103033 $44.87 ZACHARY BASIN CY 22 GYM REIMB 12/14/2022 9000659 $480.00 BURKE WILLIAMS & SORENSEN CLM.2203-96-0040.001-OCT 22/PROF SVC 12/01/2022 102921 $9,918.80 TOTAL SELF INSURANCE RETENTION $11,083.85
1255465 - WORKERS COMPENSATION
DEPARTMENT OF INDUSTRIAL RELATIONS FY23 OSIP WORKERS COMP 12/14/2022 103040 $13,380.63 TOTAL WORKERS COMPENSATION $13,380.63
1355200 - ASSET REPLACEMENT-CTY MNGR
TYLER TECHNOLOGIES, INC. NOV 22-50/50 WORK SPLIT 12/01/2022 102954 $449.88 Page: 11 of 14
TOTAL ASSET REPLACEMENT-CTY MNGR $449.88
1355300 - ASSET REPLACEMENT-FINANCE
TYLER TECHNOLOGIES, INC. NOV 22-50/50 WORK SPLIT 12/01/2022 102954 $950.12 TYLER TECHNOLOGIES, INC. PAYROLL CONVERSION 12/14/2022 103042 $2,550.00 TOTAL ASSET REPLACEMENT-FINANCE $3,500.12
1355450 - ASSET REPLACEMENT-INFO SYS
DELL MARKETING L.P. COMPUTER REFRESH 12/08/2022 102970 $24,915.45 TOTAL ASSET REPLACEMENT-INFO SYS $24,915.45
1356170 - ASSET REPLACEMENT-MARN SFTY
SAN DIEGO MOTORSPORTS, INC PERSONAL WATERCRAFT 12/14/2022 103021 $17,000.00 TOTAL ASSET REPLACEMENT-MARN SFTY $17,000.00
1605360 - OPEB OBLIGATION
MIDAMERICA DEC 22-CTYSOLANAG5 12/01/2022 9000648 $7,328.00 TOTAL OPEB OBLIGATION $7,328.00
2037510 - HIGHWAY 101 LANDSC #33
SANTA FE IRRIGATION DISTRICT 005979-004 - SEP-NOV 22 12/01/2022 102949 $593.06 SANTA FE IRRIGATION DISTRICT 007732-000 - SEP-NOV 22 12/01/2022 102949 $180.23 SDG&E CO INC 09/09/22-11/07/22-UTILITIES 12/01/2022 102950 $6,558.50 NISSHO OF CALIFORNIA OCT 22-LANDSCAPE MAINTENANCE SERVICES 12/14/2022 103032 $2,323.20 TOTAL HIGHWAY 101 LANDSC #33 $9,654.99
2047520 - MID 9C SANTA FE HILLS
SANTA FE IRRIGATION DISTRICT 005979-006 - 10/01/22-11/01/22 12/14/2022 103037 $1,394.80 SANTA FE IRRIGATION DISTRICT 005979-007 - 10/01/22-11/01/22 12/14/2022 103037 $1,224.97 SANTA FE IRRIGATION DISTRICT 005979-009 - 10/01/22-11/01/22 12/14/2022 103037 $740.64 SANTA FE IRRIGATION DISTRICT 005979-010 - 10/01/22-11/01/22 12/14/2022 103037 $429.52 SANTA FE IRRIGATION DISTRICT 005979-011 - 10/01/22-11/01/22 12/14/2022 103037 $505.00 SANTA FE IRRIGATION DISTRICT 005979-012 - 10/01/22-11/01/22 12/14/2022 103037 $121.31 SANTA FE IRRIGATION DISTRICT 005979-014 -11/02/22-12/01/22 12/14/2022 103037 $635.89 SANTA FE IRRIGATION DISTRICT 005979-015 -11/02/22-12/01/22 12/14/2022 103037 $367.93 SANTA FE IRRIGATION DISTRICT 005979-016 -11/02/22-12/01/22 12/14/2022 103037 $376.05 SANTA FE IRRIGATION DISTRICT 005979-017 -11/02/22-12/01/22 12/14/2022 103037 $61.56 SANTA FE IRRIGATION DISTRICT 005979-024 -11/02/22-12/01/22 12/14/2022 103037 $436.95 SANTA FE IRRIGATION DISTRICT 005979-025 -11/02/22-12/01/22 12/14/2022 103037 $449.13 SANTA FE IRRIGATION DISTRICT 005979-026 -11/02/22-12/01/22 12/14/2022 103037 $562.81 SANTA FE IRRIGATION DISTRICT 005979-018 -11/02/22-12/01/22 12/14/2022 103037 $85.92 SANTA FE IRRIGATION DISTRICT 005979-019 -11/02/22-12/01/22 12/14/2022 103037 $154.94 SANTA FE IRRIGATION DISTRICT 005979-020 -11/02/22-12/01/22 12/14/2022 103037 $473.49 SANTA FE IRRIGATION DISTRICT 005979-021 -11/02/22-12/01/22 12/14/2022 103037 $717.09 SANTA FE IRRIGATION DISTRICT 005979-022 -11/02/22-12/01/22 12/14/2022 103037 $461.31 SANTA FE IRRIGATION DISTRICT 005979-023 -11/02/22-12/01/22 12/14/2022 103037 $505.97 TOTAL MID 9C SANTA FE HILLS $9,705.28
2087580 - COASTAL RAIL TRAIL MAINT
SANTA FE IRRIGATION DISTRICT 005506-020 -11/02/22-12/01/22 12/14/2022 103037 $2,697.04 NISSHO OF CALIFORNIA OCT 22-LANDSCAPE MAINTENANCE SERVICES 12/14/2022 103032 $4,973.58 TOTAL COASTAL RAIL TRAIL MAINT $7,670.62
2117600 - STREET LIGHTING DISTRICT
SDG&E CO INC 10/01/22-11/07/22-UTILITES 12/01/2022 102950 $8,658.23 YUNEX LLC OCT 22 STREETLIGHT MAINTENANCE/REPAIRS 12/08/2022 9000658 $214.00 YUNEX LLC FY23 STREETLIGHT MAINTENANCE/REPAIRS 12/14/2022 9000665 $8,000.00 TOTAL STREET LIGHTING DISTRICT $16,872.23
Page: 12 of 14
213 - DEVELOPER PASSTHRU
KAREN KELLY RFND-1718.20/1040 SOLANA 12/01/2022 102939 $2,006.58 TOTAL DEVELOPER PASSTHRU $2,006.58
2135550 - DEVELOPER PASS-THRU- PLANNING
TELECOM LAW FIRM DUP22-005/990 HIGHLAND DR THIR 12/08/2022 102999 $2,645.00 CTE, INC NOV 22-GEOTECHNICAL REVIEW 12/14/2022 103018 $700.00 CTE, INC SEPT 22-GEOTECHNICAL REVIEW FOR SCHRAGER

RESIDENCE
12/14/2022 103018 $460.00
TOTAL DEVELOPER PASS-THRU- PLANNING $3,805.00
2286510 - TRANSNET EXTENSION-CIP
CHEN RYAN ASSOCIATES OCT 22- 9538 SAFE RT SCH 12/01/2022 102924 $550.94 TOTAL TRANSNET EXTENSION-CIP $550.94
2466510 - PER CAPITA GRANT FUND-CIP
CHEN RYAN ASSOCIATES OCT 22- 9538 SAFE RT SCH 12/01/2022 102924 $1,652.81 TOTAL PER CAPITA GRANT FUND-CIP $1,652.81
2476510 - SB1 STREETS & ROADS
CONTRACTOR MANAGING GENERAL FY22 PVMNT MAINT/REPAIRS 12/08/2022 102965 $36,989.24 TOTAL SB1 STREETS & ROADS $36,989.24
2505570 - COASTAL BUSINESS/VISITORS
US BANK MOVIE NIGHT SUPPLIES 12/01/2022 102923 $287.39
US BANK MOVIE NIGHT SUPPLIES 12/01/2022 102923 $86.35
US BANK MOVIE NIGHT SUPPLIES 12/01/2022 102923 $251.19
TOTAL COASTAL BUSINESS/VISITORS $624.93
2556180 - CAMP PROGRAMS
US BANK J6 UNIT SUPPLIES 12/14/2022 103014 $39.98
TOTAL CAMP PROGRAMS $39.98
2706120 - PUBLIC SAFETY- FIRE
VERIZON WIRELESS-SD 962428212-00001-09/29-10/28/22 12/01/2022 102955 $114.03 VERIZON WIRELESS-SD 962428212-0001-10/29/22-11/28/22 12/14/2022 103044 $114.03 NATIONWIDE MEDICAL SURGICAL INC CSA.17-FENTANYL 12/14/2022 103031 $61.75 ZOLL MEDICAL CORPORATION CSA.17-AUTOPULSE LI-ION BATTERY 12/08/2022 103006 $2,014.93 TOTAL PUBLIC SAFETY- FIRE $2,304.74
2706170 - PUBLIC SAFETY- MARINE SAFETY
US BANK MEDICAL SUPPLES 12/14/2022 103014 $232.17
US BANK HQ MED SUPPLIES 12/01/2022 102923 $62.48
US BANK HQ MEDICAL SUPPLIES 12/01/2022 102923 $29.08
GUARDIAN SAFTEY & SUPPLY, LLC CSA17-SPLINTS/GAUZE/EYE WASH 12/01/2022 102934 $142.17 GUARDIAN SAFTEY & SUPPLY, LLC CSA17-MICROFLEX 12/01/2022 102934 $128.23 TOTAL PUBLIC SAFETY- MARINE SAFETY $594.13
3177210 - PUBLIC FACILITY
CITY NATIONAL BANK ABAG#11-022 : 12/01 12/01/2022 102926 $145,000.00 CITY NATIONAL BANK ABAG#11-022 : 12/01 12/01/2022 102926 $2,465.00 TOTAL PUBLIC FACILITY $147,465.00
3207220 - CAPITAL LEASE FUND
CITY NATIONAL BANK CHVRON#12-015 : 12/08 12/01/2022 102926 $29,152.63 CITY NATIONAL BANK CHVRON#12-015 : 12/08 12/01/2022 102926 $6,034.38 TOTAL CAPITAL LEASE FUND $35,187.01
4506190 - SAND REPLNSHMNT/RETENTION
COASTAL FRONTIERS INC APR-JUL 22- SHORLINE MONITORING 12/01/2022 102928 $1,806.00 WARWICK GROUP CONSULTANTS, LLC NOV 22-FEDERAL PUBLIC AFFAIRS CONSULTANT SVC 12/08/2022 103002 $5,833.00 Page: 13 of 14
SUMMIT ENVIROMENTAL GROUP, INC. OCT 22-SND 9926-PROF SVC 12/01/2022 9000650 $4,485.00 SUMMIT ENVIROMENTAL GROUP, INC. NOV 22-SND 9926-PROF SVC 12/08/2022 9000657 $8,509.00 TOTAL SAND REPLNSHMNT/RETENTION $20,633.00
4506510 - SANDREPLNSHMNT/RETNTN-CIP
CALIFORNIA COASTAL COMMISSION 9441.07 FCP RAMP REPLACE PERMI 12/14/2022 103015 $14,120.00 DOMUSSTUDIO ARCHITECTURE OCT 22- 9449 MS CENTR 12/08/2022 102973 $3,040.00 NICOLE FORTIER REIMB-RECORD DOCUMENTS 12/08/2022 102985 $152.50 TOTAL SANDREPLNSHMNT/RETNTN-CIP $17,312.50
4595550 - MISC. CAPITAL PROJECTS
KIMLEY-HORN AND ASSOCIATES, INC. MAR 22-HOUSING/SAFETY ELEMENT UPDATE 12/08/2022 9000654 $1,383.50 KIMLEY-HORN AND ASSOCIATES, INC. SEP 22-HOUSING/SAFETY ELEMENT UPDATE 12/08/2022 9000654 $1,150.00 KIMLEY-HORN AND ASSOCIATES, INC. OCT 22-HOUSING/SAFETY ELEMENT UPDATE 12/08/2022 9000654 $1,493.50 CONTRACTOR MANAGING GENERAL FY22 PVMT MAINT/RPR RETENTION 12/08/2022 102965 ($4,870.15) TOTAL MISC. CAPITAL PROJECTS ($843.15)
4596510 - MISC.CAPITALPROJECTS-ENG
US BANK REFUND/FIREHOUSE DRYER 12/14/2022 103014 ($456.70) UT SAN DIEGO - NRTH COUNTY NOTICE-BID 2022-08 12/08/2022 103001 $427.64 CONTRACTOR MANAGING GENERAL FY22 PVMNT MAINT/REPAIRS 12/08/2022 102965 $1,946.80 CONTRACTOR MANAGING GENERAL FY22 PVMNT MAINT/REPAIRS CONT 12/08/2022 102965 $58,466.96 TOTAL MISC.CAPITALPROJECTS-ENG $60,384.70
4596520 - MISC CAPITAL PROJ - ENVIR
UNIVERSITY OF SAN DIEGO CLIMATE ACTION PLAN UPDATE 12/14/2022 9000664 $3,261.93 TOTAL MISC CAPITAL PROJ - ENVIR $3,261.93
5096510 - SANITATION-CIP-ENG
NU-LINE TECHNOLOGIES, LLC SEWER/STORM DRAIN REHAB - CONT 12/01/2022 102944 $28,026.00 TOTAL SANITATION-CIP-ENG $28,026.00
5097700 - SANITATION
MISSION LINEN & UNIFORM INC PW-LAUNDRY 12/01/2022 102941 $7.84 MISSION LINEN & UNIFORM INC LAUNDRY-PW 12/08/2022 102983 $7.83 MISSION LINEN & UNIFORM INC LAUNDRY-PW 12/08/2022 102983 $7.84 MISSION LINEN & UNIFORM INC LAUNDRY-PW 12/14/2022 103030 $7.83 AFFORDABLE PIPELINE SERVICES INC R-STORMDRAIN MAINT AND VIDEO INSPECTIONS 12/08/2022 102960 $525.00 AFFORDABLE PIPELINE SERVICES INC C-SEWER-55,951 12/14/2022 103008 $35,249.13 SANTA FE IRRIGATION DISTRICT NOV 22-005506-014 12/14/2022 103037 $646.92 SANTA FE IRRIGATION DISTRICT 005979-008 - 10/01/22-11/01/22 12/14/2022 103037 $90.68 SAN ELIJO JPA FY 23 Q2 OPERATIONS & MAINTENANCE FEE 12/08/2022 102992 $464,320.00 SAN ELIJO JPA FY 23 Q3 OPERATIONS & MAINTENANCE FEE 12/08/2022 102992 $464,320.00 SAN ELIJO JPA FY 23 Q3 OPERATIONS & MAINTENANCE FEE 12/08/2022 102992 $296,863.00 SAN ELIJO JPA BOARD OF DIR. PER DIEM 9/16/22 12/08/2022 102992 ($160.00) AT&T CALNET 3 9391012277-10/24/22-11/23/22 12/14/2022 103011 $16.14 WEX FLEET UNIVERSAL 11/08/22-12/07/22-AUTO FUEL 12/08/2022 103004 $172.89 NU-LINE TECHNOLOGIES, LLC SEWER/STRM DRN REHAB RETENTION 12/01/2022 102944 ($1,401.30) TOTAL SANITATION $1,260,673.80
5507750 - SOLANA ENERGY ALLIANCE
TOSDAL APC SEA DEREGISTRATION ACKNOWLEDGEMENT LETTER 12/14/2022 103041 $107.50 TOSDAL APC RPS RULES-LONG TERM CONTRACT RESALE-RESPONSE 12/14/2022 103041 $129.00 TOTAL SOLANA ENERGY ALLIANCE $236.50
6527820 - SUCCESSOR AGENCY
COLANTUONO, HIGHSMITH, & WHATLEY PC OCT 22-SDCOE 12/01/2022 102929 $18.75 BURKE WILLIAMS & SORENSEN 97-0003-OCT 22/PROF SVC 12/01/2022 102921 $60.00 Page: 14 of 14
TOTAL SUCCESSOR AGENCY $78.75
6718510 - BARBARA UNDERGROUNDING-DS
WILLDAN BARB/GRAND/PACIFIC/MARSOLAN-REMINDER LETTER 12/01/2022 102956 $15.58 TOTAL BARBARA UNDERGROUNDING-DS $15.58
6728520 - PACIFIC UNDERGROUNDING-DS
WILLDAN BARB/GRAND/PACIFIC/MARSOLAN-REMINDER LETTER 12/01/2022 102956 $15.58 TOTAL PACIFIC UNDERGROUNDING-DS $15.58
6738530 - MARSOLAN UNDERGROUNDNG-DS
WILLDAN BARB/GRAND/PACIFIC/MARSOLAN-REMINDER LETTER 12/01/2022 102956 $15.58 TOTAL MARSOLAN UNDERGROUNDNG-DS $15.58
REPORT TOTAL: $2,219,852.54
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 11, 2023
ORIGINATING DEPT: Finance
SUBJECT: Report on Changes Made to the General Fund Adopted Budget for Fiscal Year 2022-23
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 14, 2022.

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.

Date Action Description Revenues Expenditures
Transfers
from GF Net Surplus
06/23/2021 Reso 2021-092 Adopted Budget 22,148,385 (20,867,260) (482,500) $ 798,625 07/14/2021 Reso 2021-097 MS MOU (11,570) 787,055
04/13/2022 Reso 2022-034 Keyser Marston (15,000) 772,055 06/08/2022 Reso 2022-041 On-Call Repair Svcs (30,000) 742,055 06/08/2022 Reso 2022-065 Janitorial (20,000) 722,055
06/22/2022 Reso 2022-082 FY23 Budget Update 1,965,100 (615,680) (1,423,000) 648,475 08/24/2022 Reso 2022-106 Lew Edwards Group (36,000) 612,475 09/14/2022 Reso 2022-102 SBFA MOU (182,000) 430,475
Date Action Description Revenues Expenditures
Transfers
from GF Net
12/09/2022 Reso 2022-123 FY22 - Surplus PARS Contribution (720,000) (720,000) 12/09/2022 Reso 2022-123 FY22 - Surplus Pavement Mgmt Prgm (150,000) (870,000) 12/14/2022 Reso 2022-138 Pacific Ave Utility Underground - Pase 2 (42,000) (912,000)

GENERAL FUND - ADOPTED BUDGET PLUS CHANGES
As of December 14, 2022
General Fund Operations
General Fund Unreserved Balance
January 11, 2023
General Fund Budget Changes - FY 2023

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 2022-2023 General Fund Adopted Budget.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation
_________________________________
Gregory Wade, City Manager
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 11, 2023
ORIGINATING DEPT: City Clerk’s Department
SUBJECT: 2023 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 review and discuss potential holidays, breaks, and possible Special Meeting dates for the 2023 Council Meeting schedule.

DISCUSSION:

The City Council’s anticipated 2023 Regular Meeting schedule (Attachment 1) considers potential conflicts requiring 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 a plan 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 2023 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 11, 2023
2023 Council Meeting Calendar

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 City 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 2023 City Council Meeting Schedule. • Cancel and/or reschedule the City 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 2023 anticipated Council Meeting schedule with proposed cancellations and/or additional meetings.

CITY MANAGER’S RECOMMENDATION:

Approve Department Recommendation
________________________
Gregory Wade, City Manager
Attachment:

1. 2023 City Council Meeting Proposed Dates
2023 Proposed Council Meeting Dates Schedule
January - June
2nd Wed January 11th
4th Wed January 25th
2nd Wed February 8th
4th Wed February 22nd
2nd Wed March 8th
4th Wed March 22nd
2nd Wed April 12th
4th Wed April 26th
2nd Wed May 10th
4th Wed May 24th
2nd Wed June 14th
4th Wed June 28th
July - December
2nd Wed July 12th
4th Wed July 26th Summer Break Cancel
2nd Wed August 9th Summer Break Cancel
4th Wed August 23rd
2nd Wed September 13th
4th Wed September 27th
2nd Wed October 11th
4th Wed October 25th
2st Wed November 8th
4th Wed November 22nd
Week of Thanksgiving Holidays Cancel
November 29th
Special Mtg
Additional
Mtg
2nd Wed December 13th
4th Wed December 27th 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.5.

STAFF REPORT

CITY OF SOLANA BEACH
TO: Honorable Mayor and City Councilmembers
FROM: Gregory Wade, City Manager
MEETING DATE: January 11, 2023
ORIGINATING DEPT: City Manager
SUBJECT: City Council Consideration of Resolution 2023-001 to Allocate CARES Act Community Development Block Grant
Coronavirus (CDBG-CV) Funding to the Community
Resource Center’s Food and Nutrition Program; Authorize Amendment 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 City Council (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. At the January 12, 2022 meeting, Council approved Resolution 2022-002 authorizing the City Manager to submit an application for CDBG-CV funding to the County; execute an agreement with the County for the project; and execute an Agreement with CRC to January 11, 2023
CDBG-CV Funding CRC Food and Nutrition Center

administer the Food and Nutrition Program for the benefit of Solana Beach residents affected by the pandemic thus allocating $29,715 of CDBG-CV funding to CRC’s Food and Nutrition Program for the 2022 fiscal year. The program successfully concluded and met all targets as outlined in the CRC Agreement. Both the County and CRC would like to extend the program for the 2023 fiscal year in the amount of $31,150, bringing the total of CDBG-CV funds allocated to the CRC Food and Nutrition Program to $60,865.

This item is before Council to consider approving Resolution 2023-001 (Attachment 1) allocating Fiscal Year 2022-2023 Community Development Block Grant Coronavirus Funds (CDBG-CV) in the amount of $31,150 to the CRC Food and Nutrition Center Program (Amendment 2) and authorizing entry into an amendment (Attachment 3) to the agreement with the County of San Diego for management and implementation of the CDBG-CV program.

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. The County deemed that the Supplemental CARES Act funding can be used to reimburse the costs on an ongoing basis for the duration of the pandemic effects or until funding is depleted.

The City executed agreements with the County and CRC to administer the program during the 2021-2022 fiscal year and all terms and objectives stated in the scope of work were met. The program provided healthy food to 24 low-income households from Solana Beach facilitating 250 visits. Transportation assistance was offered to 100% of Solana Beach participants and CRC engaged in a minimum of 10 outreach efforts to promote access of the program to Solana Beach residents.

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 met the documentation and reporting requirements for the 2021-2022 fiscal year.

Staff could not identify other programs in Solana Beach that would meet the strict requirements of the CDBG-CV program and is recommending Council consider extending January 11, 2023
CDBG-CV Funding CRC Food and Nutrition Center

the program for an additional year since there is still CDBG-CV funding available. The costs for the program have increased from $26,190 to $31,150 partly because of the rising costs of food, but also because CRC will distribute additional gas and grocery cards to participants under the terms allowed under the CDBG-CV program.

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 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 ($31,150 in FY 2022-2023) 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 2023-001:

1. Approving the funding allocation of $31,150 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 any 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 increase the offsetting budget increases of $31,150 for both revenue and expenses in the CDBG Fund. 3 , 202 January 11
Center CRC Food and Nutrition Funding CV - CDBG
4 of 4 Page
the County for with an amendment the City Manager to execute orizing 4. Auth and such other CV program - management and implementation of the CDBG . related thereto and documents memoranda of understanding , agreements the City Manager uthorizing ith the County is executed, a w amendment fter the A 5. an agreement with the Community Resource Center in the amount of to execute . to administer the Food and Nutrition Center Program $31,150 CITY MANAGER’S RECOMMENDATION:
. Recommendation e Department Approv
_________________________
City Manager , Gregory Wade
Attachments:
001 - 1. Resolution 2023
(includes County Agreement) Community Resource Center Agreement 2.

County Amendment 3.

RESOLUTION 2023-001

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOLANA BEACH, CALIFORNIA, ALLOCATING FISCAL
YEAR 2022-2023 COMMUNITY DEVELOPMENT BLOCK

GRANT CORONAVIRUS FUNDS (CDBG-CV) TO THE

COMMUNITY RESOURCE CENTER, AUTHORIZING

ENTRY INTO AN AMENDMENT 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 of CDBG-CV funding to support the Community Resource Center to administer their Food Resolution 2023-001
CDBG-CV Funding

and Nutrition Center Program to benefit low- and moderate-income Solana Beach Residents impacted by the Coronavirus pandemic.

WHEREAS, the County, CRC and the City would like to extend the program for another fiscal year at a cost of $31,150 to continue 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 $31,150 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) 2023 CDBG-CV Funds in the amount of $31,150 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 increase the offsetting budget increases of $31,150 for both revenue and expenses in the CDBG Fund.

6. That the City Council authorizes the City Manager to execute an amendment 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 amendment 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 $31,150 to administer the Food and Nutrition Center Program.

Resolution 2023-001
CDBG-CV Funding

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 11TH day of January, 2023 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 City Attorney approved template June 2020
City of Solana Beach

PROFESSIONAL SERVICES AGREEMENT FOR

FOOD AND NUTRITION ASSISTANCE
This Professional Services Agreement (“"AGREEMENT”') is made and entered effective July 1, 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 nutrition 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 PRGRAM OFFICER is hereby designated as the Project Director for CONSULTANT
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, 2022 through June 30, 2023. Time is of the essence in the performance of work under this AGREEMENT, unless otherwise specified.

1.3. City Modification of Scope of Services. CITY may order changes to the Scope of Services 1 of 12
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2.2. Extensions. If marked, the CITY shall have the option to extend the AGREEMENT for or parts thereof for an amount not to exceed the
amounts per agreement year as outlined in Exhibit “B.” 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.

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 the amount paid to the CITY for fiscal year 2022-2023 under County Contract Number 566832, Agreement with City of Solana Beach for Community Development Block Grant (CDBG) Program FY2021-22 Food Distribution for Low-Income Solana Beach Residents as amended by Modification #1 (“County Agreement”) or thirty one thousand one hundred and fifty dollars ($31,150.00), whichever is less. CONSULTANT shall bill the CITY for work provided and shall present a written request for payment monthly and CITY will seek reimbursement from the County of San Diego (“County”) under the County Agreement. All compensation under this AGREEMENT is contingent upon the County reimbursing the CITY therefor. In the event that the County fails to reimburse the CITY, in whole or in part, for the services provided under this AGREEMENT, the CITY shall not be obligated to pay the CONSULTANT for such services and CONSULTANT shall reimburse the CITY for payments received on account thereof within fifteen days of demand.

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. 2 of 12
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City Attorney approved template June 2020

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.

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 3 of 12
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 City Attorney approved template June 2020
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 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 nondisclosure 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.

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.

8.3.1. 4 of 12
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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) ea h 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.

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.

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.

8.3.2. City Attorney approved template June 2020
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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. 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.

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.

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.

City Attorney approved template June 2020
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8.6. Enforcement. Each party acknowledges that any breach of any of the provisions of Section 8

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.

DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 City Attorney approved template June 2020

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.

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. If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown below, the CITY shall be entitled to the broader coverage and/or the higher limits maintained by the CONSULTANT.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
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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 $4,000,000.00. 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.

11.3.1. ✔
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 City Attorney approved template June 2020

11.3.2. 11.3.3.

11.3.4. 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).

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.

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.

11.4. 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.
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Cyber Liability. If checked the CONSULTANT shall also maintain Cyber Liability coverage on an occurrence basis with a limit of $2,000,000 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.

11.3.5 11.5. Waiver of Subrogation. CONSULTANT hereby grants to CITY and its respective elected officials, officers, employees, agents and representatives a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. ✔
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$1,000,000.00 $2,000,000.00 ✔
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 City Attorney approved template June 2020

11.6.1. 11.6.2.

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.

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. This requirement shall also apply to any Excess or Umbrella liability policies.

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.

11.8. 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.
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11.6. 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:

11.7. Excess or Umbrella Policies. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this agreement, said policies shall meet all of the insurance requirements stated in this document, including, but not limited to, the additional insured, contractual liability, “insured contract” definition, occurrence definition, primary and non-contributory, indemnity, and defense requirements. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the CONSULTANT’s primary and excess liability policies are exhausted. coverage required by these specifications at any time.

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.

DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4

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.

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 selfadministered 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.

13.3. 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.

City Manager
City of Solana Beach
635 S. Highway 101
Solana Beach, CA 92075
Rebecca Nussbaum, Chief Program Officer
Community Resource Center
600 Second Street
Encinitas, CA 92024
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 City Attorney approved template June 2020

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.
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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.

DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 City Attorney approved template June 2020

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
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25.1 The 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 moderate- income 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 the County Agreement (County Contract Number 566832 as amended), which is attached as Exhibit "B" to this AGREEMENT and is incorporated herein fully by this reference.

25.3 The City, as the primary contractor on the County Agreement (Exhibit "B"), shall serve as the primary agency providing services as identified and outlined in the County Agreement 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.

26. EXHIBITS INCORPORATED.

All Exhibits referenced in this AGREEMENT are incorporated into the AGREEMENT by this reference DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4

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.

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

COMMUNITY RESOURCE CENTER, a
California nonprofit corporation
By:

CITY OF SOLANA BEACH, a municipal
corporation
By:

ATTEST:

APPROVED AS TO CONTENT:

APPROVED AS TO FORM:
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City Attorney approved template June 2020
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 John Van Cleef
CEO
~ DocuSigned by:

L~~8~:;}Juf
EXHIBIT "A"

SCOPE OF SERVICES AND FEE
CONSULTANT shall administer and perform services including but not necessarily limited to, as specified below:

GOAL:

MEASURABLE 1:

MEASURABLE 2:

MEASURABLE 3:

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.

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

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

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, 2022 through June 30, 2023.

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, 2023.

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 GrantCoronavirus funding program.

MAXIMUM
MAXIMUM FEE*
ITEM
Food and Nutrition Center - Personnel Wages
Food and Nutrition Center - Personnel Benefits (33%)
Food and Nutrition Center- Supportive Services (gas, grocery cards)
Food and Nutrition Center- Transportation
Food and Nutrition Center- Consumable Supplies
Food and Nutrition Center - Utilities/Telephone
Food and Nutrition Center - Indirect Costs
TOTAL
AMOUNT
$12,875
$4,249
$3,000
$2,000
$1,500
$4,825
$2,701
$31,150
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 EXHIBIT "B" COUNTY AGREEMENT

AND AMENDMENT
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER (#h1sert Number/

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY202l-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS 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 City of Solana Beach, located at 635 South Highway 101, Solana Beach, CA 92075 ("Contractor"), with reference to the following facts:

RECITALS
A. The County, by action ofthe Board of Supervisors on March 16, 2021 (Minute Order 10) authorized the Director of Health and Human Services Agency, to award a contract for Food Distribution for Low-Income Solana Beach Residents.

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

C. The Agreement shall consist of this document, Exhibit A Statement of Work, Attachment I Additional Terms and Conditions, Attachment 2 Sample Income Data Fonn, Exhibit B Insurance Requirements, and Exhibit C, Payment Schedule. In the event of a conflict between any provisions of this Agreement, the following order of precedence shall govern: First (1st) this document; Second (2nd) Exhibit B; Third (3rd) Exhibit A; Fourth (4th) Exhibit C; and fifth (511,) Exhibit A-1.

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

ARTICLE I

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 (I) Contractor has fulfilled all applicable requirements of the laws of the State of California to perfonn 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 section 7. I "Tem1ination 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 Contraclor nor Contractor's employees or subcontractors shall be deemed to be employees of the County. Contractor shall perfonn 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 lo 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 perfonn 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 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.

I .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 Contrnct: ###### rage I ofll Services Templole: rev 10/8/2021 ,·6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 ___.
______
_____
~-------------
COUNTY CONTRACT NUMBER l#/11serl N11111berJ

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FYl0ll-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS 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 infonnation, 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. "Related Subcontractor" means an individual or entity holding or perfonning a Related Subcontract.

1.4.2 Required Subcontract Provisions: Contractor shall notify all Related Subcontractors of Contractor's relationship to County. Contractor shall include in its Related Subcontracts and require Related Subcontractors' compliance with the provisions of Articles 3, 7, 8, 9, I 0, I I, 13, 14 and 16, and section 4.6.1 of Article 4, hereunder except altered as necessary for proper identification of the contracting parties.

1.4.3 Contractor shall provide COR 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 COR.

1.5 Offshore Prohjbjtjon. Except where Contraclor 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 perfonnance of work outside of the United States shall be limited to the specific inslance 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 10 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.

1.6 DVB Participation. lflhis Agreement resulted from a solicitation containing Disabled Veteran Business ("DVB") requirements and fonns, such requirements and Contractor's submitted fonns are incorporated herein by reference to the exlent not included as an Exhibit to lhis Agreement. Contractor shall make all commercially reasonable efforts to comply with all such DVB requirements, including meeting the DVB Percent of Utilization on Contractor's DVB Subcontractor Participation Plan. Contractor shall maintain a rate of DVB utilization throughout the term of this Agreement that is reasonably in alignment with the progress of the Agreement (e.g., term, utilization, deliverables). Contractor shall provide to County, upon request, documentation sufficient to verify Contractor's compliance with such requirements.

If in County's determination, Conlractor is not in compliance with all DVB requirements, County may take corrective action, which may include (i) requiring Contractor to submit a corrective action plan acceptable to County detailing actions the Contractor will take to fulfill its DVB requirements and/or (ii) withholding of payments to Contractor equivalent to the amount of DVB underutilization. Such corrective aclions shall be in addition to any other remedies the County may have under this Agreement or at law or equity.

1.7 Preferred Vendor. If this Agreement resulted from a solicitation where Contractor claimed Preferred Vendor status in its response per section 405 of the San Diego County Administrative Code, Contractor shall perform a commercially useful function (as that term is defined in California Military and Veterans Code § 999 or successor statute) throughout the term of this Agreement.

ARTICLEl

SCOPE OF WORK

2.1 Statement of Work. Contractor shall perfonn 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 10 be in its best interest.

2.3 Responsibility for Equipment 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 Contraclor accepts full responsibility for and agrees to exonerate, indemnify, and hold harmless County from and against any and all claims for any damage whatsoever Con1r11c1: ###### ragclof22 Srrviccs Template: rev 10/8/1021 v6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER l#lttsert Number]

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY2021-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS 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. I Contractor shall repair or replace, at Contractor's expense, all County equipment or fo<ed 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, 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 ofCOR. Contractor shall maintain an inventory of non-expendable equipment, including dates of purchase and disposition of the property. Inventory records on non-expendable 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:

I) have Contractor deliver to another County contractor or have another County contractor pick up the non-expendable property; 2) allow Contractor to retain the non-expendable property provided that 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 non-expendable property.

3.1 General Obligations.

ARTICLE3

DISENTANGLEMENT
Upon the expiration or tennination of all or a portion of the services provided hereunder ("Transitioning Services,"), the County may elect to have such services, substantially similar services, or follow-on services ("Disentangled Services") perfonned by County or one or more separate contractors ("Replacement Provider"). Contractor shall take all actions necessary to accomplish a complete and timely transition of the Disentangled Services ("Disentanglement") without any material impact on the services. Contractor shall cooperate with County and otherwise take all steps reasonably required to assist County in effecting a complete and timely Disentanglement. Contractor shall provide Replacement Provider with all infonnation regarding the services and any other information needed for Disentanglement.

Contractor shall provide for the prompt and orderly conclusion of all work required under this Agreement, as County may direct, including completion or partial completion of projects, documentation of work in process, and other measures to assure an orderly Disentanglement.

3.2 Disentanglement Process.

Contractor and County shall discuss in good faith a plan for Contractor's Disentanglement that shall not lessen in any respect Contractor's Disentanglement obligations.

If County requires the provision of Transitioning Services after expiration or termination of the Agreement or Disentanglement work not otherwise required under this Agreement, for which additional compensation will be due, such services shall be compensated at: (i) the applicable rates in Agreement or a reasonable pro-rata of those prices, or (ii) ifno applicable rates apply, no more than Contractor's costs. Such work must be approved in writing by County approval of a written Disentanglement plan or separately in writing and is subject to the Compensation clause on the signature page.

Contractor's obligation to provide Disentanglement services shall not cease until all Disentanglement obligations are completed to County's reasonable satisfaction, including the performance by Contractor of all Specific Obligations of Contractor. County shall not require Contractor to perform Transitioning Services beyond 12 months after expiration or termination, provided that Contractor meets all Disentanglement obligations and other obligations under Agreement.

3.3 Specific Ob)jgatjons.

The Disentanglement shall include the performance of the following specific obligations ("Specific Obligations"):

3.3.1 No lnteavption or Adverse impact
Contractor shall cooperate with County and Replacement Provider to ensure a smooth Disentanglement, with no interruption of or adverse impact to Disentangled Services, Transitioning Services, other work required under the Agreement, or services provided by third parties.

3.3.2 Client Authorizations.

Contrnct: ###### Pagel or22 Scn·icC11Tcmplate: rev 10/8/2021 v6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER (#Insert Number}

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY202J-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS Contractor shall obtain from clients served by Contractor all client consents or authorizations legally necessary to transfer client data to Replacement Provider.

3.3.3 Leases. Licenses. and Third-Party Agreements.

Contractor shall procure at no charge to County all authorizations necessary to grant Replacement Provider the use and benefit of any third-party agreements pending their conveyance or assignment to Replacement Provider.

Contractor, at its expense, shall convey or assigr. to Replacement Provider leases, licenses, and other third-party agreements procured under this Agreement, subject to written approval of the Replacement Provider (and County, if Replacement Provider is other than County).

Without limiting any other provision of this Agreement, Contractor shall reimburse County for any losses resulting from Contractor's failure to comply with any terms of any third-party agreements prior to the date of conveyance or assignment.

3.3.4 Return. Transfer, and Removal of Assets.

Contractor shall return to County all County assets in Contractor's possession, pursuant to section 2.4 of this Agreement.

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

3.3.5 Delivery of Documentation.

Notwithstanding section 13.5 oftJ1is Agreement, and without limiting Contractor's obligations thereunder, Contractor shall deliver to Replacement Provider (and/or County, if Replacement Provider is other than County), all documentation and data necessary for Disentanglement.

3.3.6 Reserved.

ARTlCLE4

COMPENSATION
County will pay Contractor in accordance with Exhibit C Payment Schedule and this Article 4, for the work specified in Exhibit A Statement of Work (SOW), not to exceed the ma.ximum compensation as set forth on signature page. Contractor shall employ and maintain an accounting and financial system to effectively monitor and control costs and assure accurate invoicing and performance under this Agreement.
4 .1 General Principles. Contractor shall comply with generally accepted accounting principles, good business practices, San Diego County Code of Administrative Ordinances section 472, and the cost principles published by the federal Office of Management and Budget (0MB), including 2 CFR 200 • UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS "The Uniform Guidance," which can be viewed at https:11,,,w,, ,ec(r.gov/cgi-binlte;st-idx?1pl=/ecfrhrowscm 11dl2'2cfr200 main 02.lpl. Contractor shall comply with all applicable federal, State, and other funding source requirements. Contractor shall, at ils own expense, furnish all cost items associated with this Agreement except as specifically stated herein to be furnished by County.

4.1.1 Fiscal Year. The County's fiscal year runs from July I through June 30 ("County Fiscal Year").

4.1.2 Cost Allocation Plan. Contractor shall submit annually to the County a cost allocation plan in accordance wnh The Uniform Guidance.

4.1.3 Agreement Budget. The COR may make Administrative Adjustments to the budget as long as the total budget does not exceed the compensation specified on the Signature Page.

4.2 Compensation. For cost-reimbursement Services, the County will r.:imburse the actual allowable, alloo=able, necessary, and reasonable costs incurred in accordance with this Agreement (including the established budget), generally accepted accounting principles, good business practices, and the cost principles published by the federal Office of Managem~nt and Budget (0MB) ("Allowable Costs"). Where non-cost-reimbursement work (fixed price, labor hour, time and materials, etc.) is also provided for in this Agreemenr, Contractor shall b, entitled to compensation as set forth be:ow:

4.2.1 Contractor shall be entitled to compensation only upon completion and acceptance of a deliverable or portion of work as described in the Payment Schedule ("Services"). Services shall include any additional or as-needed services specified in the SOW and Pricing Schedule and pre-approved in writing by COR or authorized by County task order issued in accordance with this Agreement ("As-Needed Services").

Contract: ###### rage 4 of22 Services Tt111pla1c: re,· 10/8/2021 v6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTV CONTRACT NUMBER (#/11sert Number)

AGREEMENT WITH CITV OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FV1011-11 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

4.2.1.1 Contractor shall be entitled to reimbursement for incidental expenses associated with any such portions of the work only when specifically allowed for in the SOW and Pricing Schedule ("Reimbursable Expenses"), and only upon completion and acceptance of the Services for which they were incurred unless earlier reimbursement is otherwise authorized under this Agreement. Compensation for Reimbursable Expenses shall be at cost.

4.2.1.2 Where travel, lodging, or meal expenses ("Travel Expenses") are allowable Reimbursable Expenses, rates must not exceed County-authorized rates set forth in Administrative Code section 472. Should Contractor incur Travel Expenses greater than the County-authorized rates, Contractor shall not be entitled to reimbursement for the difference between the County-authorized rate for each category and the actual cost.

4.3 !m'.s!i.w,.

4.3. I Contractor shall invoice monthly for completed and accepted Services performed in the prior month.

4.3.2 Contractor shall submit invoices to the COR thal are completed and submitted in accordance with written COR instructions and are in compliance with all Agreement terms.

4.3.2.1 Contractor shall provide accurate invoices with sufficient detail and supporting documentation for County verification. Invoices must reference the Agreement number (and task order, if applicable), contain a detailed listing of each deliverable or portion of work, including the pay point, target, accomplishment, unit price, percentage completion, and appropriate calculations where applicable. Invoices must include a progress report documenting the status and accomplishments of Contractor.

4.3.3 Contractor requests for payment of authorized Reimbursable Expenses must be included in the invoice for the associated Services, unless previously invoiced in accordance with this Agreement.

4.3.4 Contractor invoices for Allowable Costs must be complete, containing all claimed costs for the invoiced period of performance, unless authorized in writing by COR, previously invoiced in accordance with Agreement, or otherwise specifically allowed for in this Agreement.

4.3.5 Final Fiscal Year-End Settlements. Contractor shall submit the final invoice for Services perfonned during each County Fiscal Year no later than the settlement date established by COR or each department, but in no event later than 60 calendar days from (i) the end of each County Fiscal Year or (ii) the expiration or termination of this Agreement. County may, in its sole discretion, choose to not process invoices for reimbursement for services performed during that County Fiscal Year after this date.

4.4 Payments. Contractor shall be entitled to payment only upon County approval ofa correct and substantiated invoice. Payment tenns are, unless otherwise specified by County, thirty (30) days from the later of: (i) performance of work under the Agreement entitling Contractor to payment, (ii) County receipt of a correct and substantiated invoice, and (iii) County receipt of all substantiating information. The County at its sole discretion may issue partial payment where only a portion of an invoice is correct and substantiated. Payment shall be deemed to have been made on the date that County submits electronic payment or mails a warrant or check. The County is precluded from making payments prior to receipt of services (advance payments).

4.5 Full Compensation. The compensation set forth in this Agreement shall constitute the full and complete payment for Contractor's performance of the services set forth herein. Contractor shall not be entitled to any additional payment for services rendered. Contractor shall not be entitled to any compensation, reimbursement, ancillary benefits, or other consideration for services rendered beyond that specified in Agreement.

4.6 Prompt P11yment for Vendors and Subcontractors

4.6.1 Unless otherwise set forth in this section 4.6, Contractor shall promptly pay Related Subcontractors for satisfactory performance of work required by this Agreement. Such prompt payment shall be no later than thirty (30) days after Contractor receives payment for such services from County, and Contractor shall apply such payments to the payment of the Related Subcontractor(s) that performed the work.

4.6.2 If Contractor determines that any payment otherwise due such Related Subcontractor is subject to withholding in accordance with a Related Subcontract, Contractor shall:

Contrnct: ######

4.6.2.1 Provide written notice to the Related Subcontractor and COR within three (3) business days of such withholding stating the amount to be withheld, the basis for the withholding, and, if applicable, the cure required of the Related Subcontractor in order to receive payment of the amounts withheld; and;

4.6.2.2 Reduce the Related Subcontractor's payment by an amount not to exceed the amount specified in the notice furnished under paragraph 4.6.3.1 above.

Pngc5of22 Services Template: rn 10/8/2021 \·6.0
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER (#J11sert Number}

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FYl0ll-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

4.6.3 Contractor shall not include in any invoice to the County amounts that the Contractor has withheld or intends to withhold from a Related Subcontractor for failure to satisfactorily perfonn work in a manner required by this Agreement. If such withholding determination is made after submitting an invoice to the County, Contractor shall submit to County a revised invoice omitting or crediting such amount. Contractor shall not include such amounts in any subsequent invoices unless the Related Subcontractor has cured the basis for withholding.

4.7 Partial Payment. Contractor shall be paid only for work perfonned in accordance with this Agreement. If Contractor fails to perform a portion of the work or fails to perform some or all of the work in accordance with this Agreement, County, at its sole discretion, may provide partial payment to Contractor to reflect the reasonable value of work properly performed.

4.8 Withholding of Payment. Without limiting any other provision of this Agreement, County may withhold payment, in whole or in part, if any of the following exist:

4.8.1 Missing lnfonnation. Contractor has not provided to County any reports, data, audits, or other infonnation required for Agreement administration, for reporting or auditing purposes, or by State, federal, or other funding source.

4.8.2 Misrepresentation. Contractor, with or without knowledge, made any misrepresentation ofa substantial and material nature with respect to any infonnation furnished to County

4.8.3 Unauthorized Actions by Contractor. Contractor took any action under this Agreement that required County approval without having first received such approval.

4.8.4 Breach. In the County's determination, Contractor is, or at the time of perfonnance was, in breach of any of the terms of this Agreement.

4.9 DjsaHowance. County may disallow payment at any time if it determines that the basis for the payment is or was not eligible for compensation under this Agreement. If County makes payment to Contractor that is later disallowed by the County, State or federal government, or other funding source, County shall be entitled to prompt recovery of funds in accordance with Article 12.

4.1 0 Maximum Prjce. During the performance period of this Agreement, the maximum price for the same or similar items and/or services shall not exceed the lowest price at which Contractor then offers the items and/or services to its most favored customer.

4.11 Overpayments. lf Contractor becomes aware of a duplicate contract financing or invoice payment or that County has otherwise overpaid on a contract financing or invoice payment, Contractor shall immediately notify the COR and County shall be entitled to prompt recovery of funds in accordance with Article 12.

4.12 Availability of Funding. The County's obligation for payment under this Agreement is contingent upon the availability of funding from which payment can be made. No legal liability on the part of the County shall arise for payment beyond the end of the County Fiscal Year for which funds are designated by the County. In the event that federal, State, or County funding ceases or is reduced, the County shall, in its sole discretion and without limiting any other provision of this Agreement, have the right to terminate or suspend this Agreement, or to reduce compensation and service levels proportionately.

4.13 Rate of Expense. Contractor shall control its rate of expense throughout the tenn of this Agreement such that it is reasonably in alignment with the progress of the Agreement, inclusive of term, achievement towards objectives, anticipated revenue, deliverables, and other applicable factors. Contractor shall provide to County, upon request, documentation sufficient to verify Contractor's compliance with such requirements.

4.13. I Contractor shall promptly inform the COR if its rate of expense exceeds, or is anticipated to exceed, tl1e progress of this Agreement or would result in expenses that exceed the maximum Agreement amount or budget. In no event, however, shall Contractor's invoiced amounts exceed the maximum Agreement amount or budget.

4.13.2 If the Agreement tenn, Initial Tenn, or any Option Period originates in one County Fiscal Year and ends in another County Fiscal Year, Contractor shall not exceed the amounts reasonably allocated to each of the County Fiscal Years based on the monthly budget or other rate of expense.

4.14 Revenue Sources. Federal or other funding source amounts listed in the Agreement or the budget are preliminary estimates and shall not limit the County's use of specific funding sources that vary from the preliminary estimates, provided that such payments do not exceed the total Agreement amount.

4.15 Program lncome. Program Income as defined in 2 CFR §200.1 shall be administered in accordance with 2 CFR §200.307 and shall be reported at the end of the Initial Tenn of the Agreement and each Option Period. All use of Program Income requires written County approval.

4.15.1 Unless otherwise required by federal, State, or other funding source requirements, Program Income earned after the period of performance of this Agreement shall be utilized in support of the same or similar goals and objectives, preferably under an agreement between County and Contractor.

Contract: ###### Page 6 or22 Sen·iccs Template: rev 10/8/2021 v6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER [#/11serl Number/

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CODG) PROGRAM
FY2021-22 FOOD DlSTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

4. 16 Incentive/Bonus/Performance Payments. Contractor shall not use any funds paid under this Agreement for employee incentive or bonus programs or structures, for employees at any level, unless such payments are within Contractor's normal compensation policy and are based upon objective measurements of perfonnance that include compliant and ethical conduct.

Contractor agrees to provide information to the County on the formula or criteria used to calculate such payments upon request.

4.17 Reserved.

ARTICLE 5

AGREEMENT ADMINISTRATION

5.1 The Director of the Department of Purchasing and Contracting or designated Department of Purchasing and Contracting official is the contracting officer for this Agreement ("Contracting Officer'').

5.2 County's Agreement Admjnjstrator. The County has designated the individual identified on the s!gnature page as the Contracting Officer's Representative ("COR"), The COR will coordinate the County's administration of this Agreement.

5.2.1 The COR is designated to receive and 11pprove Contractor invoices for payment, audit and inspect records. inspect Contractor services, and provide other technical guidance as required.

5.2.2 The COR is not authorized to make Changes lo this Agreement, except for administrative adjustments, such as lineitem budget changes or adjustments to the service requirements. that do not change the purpose or inten! of the Statement of Work, the Terms and Conditions, the Agreement Term, or the total Agreement price ("Administrative Adjustments"). Each Administrative Adjustment shall be in writing and signed by COR and Contrdctor.

5.3 Agreement Progress Meetjng. The COR and other County personnel, as appropriate, will ll'eet periodically with the Contl'actor to review the Agreement performance, with the COR serving as meeting chair. At these meetings the COR will apprise the Contractor of how the County views the Contractor's perfom1ance and the Ccntrdctor will apprise the County of problems, if any, being experienced. The Contractor shall also notify the Contracting Officer (in writing) of any work being perfol1'1ed, 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 wri:ing any area of d1sagreement wi~1in lu days.

Appropriate action will be taken to resolve any areas of disugreement.

ARTICLE 6

CHANGES

6.1 Changes. Changes to this Agreement may only be made by Administrative Adjustment, Change Order, or amendment, in accordance with this Article 6. No other modification of this Agreement shall be valid.

6.1.1 Admjnistratjve Adjustment. Changes that do not change the purpose or intent of the Statement of Work, the Te1ms and Conditions, the Agreement Tem1, or the total Agreement price of the Agreement, such a, line-item budget changes or adjustments to the service requirements, ("Administrative Adjustments") may be made if in writing end signed by COR and Contractor

6.1.2 Change Order. The County may at any time, by written order, make Changes within the general ,cope of this Agreement ("Change Order"). If any Change Order causes an increase or decrease in the cost or lime requ ired for the performance of the work under this Agreement, an equitable adjustment shall be made to the price, deliv.:1) schedule, or both.

6.1.2.1 Contractor must assert any claim for equitable adjusnnent within thirty (30) days from the date oi receipt by the Contractor of the Change Order; however, the Contracting Officer may receive and act upon any such claim asserted at any time prior to final payment under this Agreement where the iacts justify such action.

Where the cost of property made obsolete or excess as a result of a Change Order is included in the Contractor's claim for equitabl~ adjustment, the Contracting Officer shall have the right to pr,:s•;ribe the manner of disposition of such property. Failure to agree to any equitabli! adjusnnent shall be a dispute concerning a question of fact within the meaning of Article 15 "Disputes". However, nothing in chis section shall excuse the Contractor from proceeding with this Agreement as changed.

6.1.3 Amendment. The County and Contractor may modify this Agreeml!nt by written amendment siJ n~d by the Contracting Officer and Contractor.

ARTICLE 7
Contr11ct: ###### Pngc 7 of22 ScrvlccsT~mplatc: re,· 10/8/2021 ,·6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER (#Insert Number/

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY2021-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS SUSPENSION. DELAY AND TERMINATION

7.1 Tennjnation 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 (I 0) 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 tenninated 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 detennined.

If, after notice of termination of this Agreement under the provisions of this section, it is determined for any reason that the Contractor was not in default under this Agreement, the rights and obligations of the parties shall, be the same as if the notice of termination had been issued pursuant to section 7.5 "Tennination for Convenience."

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. 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 Reserved.

7.5 Tennination for Convenience. The County may, by written notice stating the extent and effective date tenninate 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 tenns 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 tennination of this Agreement for convenience shall not preclude County from taking any action in law or equity against Contractor for:

7.5.4. I Fraud, waste, or abuse of Agreement funds, or

7.5.4.2 Improperly submitted claims, or

7.5.4.3 Any failure to perfonn 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 Suspensjon 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 Contract: ###### Pa~c 8 of22 Scrvitcs Template: re\' I 018/2021 ,·6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 --~
COUNTY CONTRACT NUMBER [#/11sert N11mber]

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY202l-2l FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS employees, directors, officers, agents, subcontractors, vendors, consultants, or volunteers from I) accessing County data systems and County owned software applications, including websites, domain names, platfonns, physical files, 2) treating County's patients, clients, or facility residents, or 3) providing any other services under this Agreement.

ARTICLES

COMPLIANCE WITH LAWS AND REGULATIONS

8.1 Compliance wjth Laws and Regulations. Contractor shall at all times perfonn its obligations hereunder in compliance with all applicable federal, State, County, and local Jaws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, pennits, 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 Pennjts and Ljcense. 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, pennissions, permits, licenses, and other fonns of documentation required for it and its employees to comply with all existing foreign or domestic statutes, ordinances, and 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 Egual 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 pennanent employees, shall comply with the Affirmative Action Program for Vendors as set forth in Article lllk (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 website (www.co.san- diego.ca.us).

8.5 Non-Discrjmjnatjon. 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. I 00-209), Executive Order 12898 (February 11, 1994), Executive Order 13166 (August 16, 2000), Title VII of the Civil Rights Act of I 964 (42 U.S.C. 2000-e), the Age Discrimination Act of 1975 (42 U.S.C. 6101), Article 9.5, Chapter I, Part I, Division 2, Title 2 (section 11135, et seq) of the California Government Code, Title 9, Division 4, Chapter 6 (section I 0800, et seq) of the CCR and California Dept of Social Services Manual of Policies and Procedures (COSS MPP) Division 19.

8.6 AIDS Discriminatjon. Contractor shall not deny any person the full and equal enjoyment of, or impose less advantageous tenns, 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 tenns are defined in Title 3, Division 2, Chapter 8, section 32.803, of the San Diego County Code of Regulatory Ordinances.

8.7 American wjth 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 Activjtjes 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 Contract:###### Page 9 of22 Services Template: re,· 10/8/2021 v6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 -""'-------~-.-.. ....
-
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COUNTY CONTRACT NUMBER l#/11serl Number}

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY202l-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS 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. In accordance with 31 U.S.C. 1352 and related regulations, (a) Contractor certifies, and shall require each lower-tier recipient (as that term is defined in 31 U.S.C. 1352) to certify to the tier above, 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 covered Federal contract, grant or any other award covered by 3 I U.S.C. 1352, and (b) Contractor shall disclose, and shall require each lower-tier recipient to disclose to the tier above, any lobbying with non-Federal funds that takes place in coMection with obtaining any covered Federal award.

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

8.11 Audit Requirement.

8.11. I 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 offederal 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. 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 repo11, 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.

8.11.2 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.

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: www.sandiegocounty.gov.

8.12. I 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 Servjces. 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 CQmmitted 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-protit 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 Work Environment. The County of San Diego, in recognition of its responsibility to provide a safe, healthy, and productive work environment and perform services as safely, effectively, and efficiently as possible, has adopted a requirement for a work environment not adversely affected or impaired in any way by the use or presence ofalcohol or drugs in Board Policy C-25 County of San Diego Drug and Alcohol Use Policy.

8.12.5.1 As a material condition of this Agreement, the Contractor agrees that Contractor and Contractor's employees, while performing services or using County equipment pursuant to Agreement:

Contract: ###### rage 10 of22 Scn·iccs Tcmpl:1tc: rev 10/8/2021 ,·6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER (#/11sert Number}

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FV2021-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

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

8.12.S. I .2 Shall not possess, consume, or be under the influence of alcohol and/or an illegal drug.

8.12.S. I .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.S.2 Contractor shall inform all employees who are performing applicable services of the County's Board Policy C-25 and the above prohibitions.

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 lhe Contractor for sale to lhe County under this Agreement.

8.14 Hazardous Materjals. 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 govemmenlal 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, stale, or local laws or ordinances, rules, decrees, orders, regulations, or 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 tenn "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 lhird 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 Debannent. 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 wilh 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; Contract: ###### gcll of22 Services TcmplAlc: rev 10/8/:?021 ,·6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER [#/11serl N11mber/

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY2021-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

8. 16.1.3 Are not presently indicted or othenvise 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) tenninated 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.

8.16.4 Debannent and Suspensjon.

8.16.4.1 This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

8.16.4.2 The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

8.16.4.3 This certification is a material representation offact relied upon by County. Ifit is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

8.17 Djspjay of Fraud Hotljne 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.sandiegoco11n1v.gov/con1e111/sdclcao/occ.luml. 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;

8. I 7.3 If Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, the Contractor need not display the County poster;

8. 18 False Claims Act Trajnjng. 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, Related Subcontractors, 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

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

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 ofFederal Sentencing Guidelines section 8B2. I 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 Con1rnc1: ###### PRgc 12 or22 Scn·iccs Tcmptntc: rev J0/812021 v6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER (#Insert N11mberj

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY2021-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS 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 Prevailing Wage. Work to be performed by Contractor in accordance with this Agreement is a "public work" under Labor Code section 1720, et seq. and is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. If Contractor will receive federal funds, this Agreement may also be subject to the payment of prevailing wages pursuant to the Davis-Bacon Act, 40 USC § 3141 et seq., and other federal laws. It is the sole responsibility of Contractor to ensure that all workers who perform work pursuant to this Agreement are paid the correct rate of prevailing wages. Contractor waives and releases any rights it may have under Labor Code section 1726 and 1781 to seek recovery of costs from the County. When working on a federally funded project, Contractor shall ensure that all workers entitled to the payment of prevailing wages receive the higher of the applicable State or federal prevailing wage.

County has obtained from the Director of the California Department of Industrial Relations general prevailing wage detem1inations for the locality in which work is being perfom1ed. These determinations are on file and available in the Department of Purchasing and Contracting, 5560 Overland Avenue, Suite 270, San Diego, CA 92123, and are available from the Department of Industrial Relations on the internet at www.dir.ca.gov. Federal prevailing wage rates are available from the U.S. Department of Labor on the internet at www.access.gpo.gov.

Contractor acknowledges that because portions of the work to be performed by Contractor may be subject to the payment of State and federal prevailing wages, certain requirements must be included in this Agreement. Contractor certifies that it is generally aware of State and federal prevailing wage requirements and shall be bound by these requirements to the extent applicable to the work performed, including, but not limited to, the following:

8.22.1 If a worker is paid less than the prevailing wage rate owed for a day or portion of a day, Contractor shall pay the worker the difference between the prevailing wage rate and the amount actually paid as specified in Labor Code section I 775;

8.22.2 Contractor shall maintain and make available payroll and worker records in accordance with Labor Code sections 1771.4(a)(3), 1776 and 1812;

8.22.3 If apprentices are employed on the project, Contractor shall ensure compliance with Labor Code section 1777 .5;

8.22.4 Contractor is aware of the limitations imposed on overtime work by Labor Code section 1810, et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;

8.22.5 Contractor shall be bound by each of the stipulations set forth at 40 USC§ 3142(c), including the obligations to a) pay all laborers or mechanics employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at the time of payment, computed at the required wage rate; b) post the applicable prevailing wage scale in a prominent and accessible place at the work site; and c) agree that there may be withheld from accrued payments funds necessary to ensure workers are paid the required wage rate;

8.22.6 In accordance with 40 USC § 3143, all or part of this Agreement may be terminated for failure to pay the required prevailing rate of wages;

8.22.7 In accordance with 8 Cal. Code Reg. section 1645 l(d), the applicable prevailing wage determinations shall be posted at each job site and Contractor will be responsible for posting the notice required by 8 Cal. Code Reg. section 16451 (d) at each job site. Posters are available on the CMU website, at the Division of Labor Standards Enforcement District Offices or by emailing a request to [email protected]; and

8.22.8 Contractor and all subcontractors must comply with the requirements of Labor Code section 1771 .1 pertaining to the registration of contractors pursuant to Labor Code section 1725.5. Registration and all related requirements of those sections must be maintained throughout the term of this Agreement. This project is a "public work" in accordance with Labor Code §1720, et seq. It is the sole responsibility of the Contractor to ensure that all workers employed in the execution of the Agreement are paid the correct prevailing rate of wages. The County has obtained from the director of the Department of Industrial Relations general prevailing wage determinations for the locality in which the work is to be performed. The determinations are on file and available in the County of San Diego Department of Contrnct: ###### Page 13 or22 Scr\"lccs Template: rev 10/8/2021 v6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER (#l11sert N11111berf

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY2021-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS Purchasing and Contracting; 5S60 Overland Ave., Ste. 270, San Diego, CA 92123-1204 and are available from the Department oflndustrial Relations on the internet at httn:llwww.dir.ca.gov/DLSRIPWOlindcx.htm.

8.23 Contracting wjth Small and Minorjty Businesses, Women's Business Enterprises, and Labor Surplus Area Finns. 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:

8.23. I Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

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

8.23.3 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;

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

8.23.S 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.

8.24 Procurement ofRecovered Materials. Contractor shall comply with 2 CFR pan 200.323. 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 $ I 0,000 or the value of the quantity acquired during the preceding fiscal year exceeded $ I 0,000. 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 $ I 00,000 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.

8.25 Domestic Preferences. In accordance with 2 CFR part 200.322, as appropriate and to the extent consistent with law, Contractor shall, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

8.25.1 "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, must occur in the United States.

8.2S.2 "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

8.26 Prohibjtjon on Certain Telecommunicatjons and Vjdeo Surveillance Services or Equipment. In accordance with 2 CFR part 200.2 I 6, Contractor and its subcontractors are prohibited from expending funds under this Agreement to:

8.26. I Procure or obtain;

8.26.2 Extend or renew a contract to procure or obtain; or

8.26.3 Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

8.26.3. I For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

8.26.:3.2 Telecommunications or video surveillance services provided by such entities or using such equipment.

8.26.3.3 Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

ContrAcl: ###### rage 14 or22 Services Template: rev 10/8/2021 ,·6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER I #Insert Number/

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY2021-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

8.27 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 halftimes 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.

8.28 Reserved.

ARTICLE9
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, perfonnance of services under this Agreement by associates or employees of County shall not relieve Contractor from any responsibility under this Agreement.

9.1. I California Political Reform Act and Government Code Section I 090 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 I 090 et seq.

9.2 Conduct of Contractor.

9.2.1 Contractor shall infonn 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 tem1 "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 Referra)s. 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 Prohibjted 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 (I) 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.

Contract: ###### PAgt IS or22 Services Template: rev 10/8/2021 ,·6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER l#lnserl Number]

AGREEMENT WITH CITV OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BWCK GRANT (CDBG) PROGRAM
FY202J-22 FOOD DISTRIBUTION FOR WW-INCOME SOLANA BEACH RESIDENTS

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 section, 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
l 0.1 lndemnjty. 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 ofany 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.

Without limiting the foregoing, Contractor's defense and indemnity obligations under this section shall specifically apply to any claim, suit, proceeding, demand, liability, loss, damage, or expense (including but not limited to attorneys' fees) arising from or relating to a claim that any work performed pursuant to this Agreement infringes a patent, copyright, moral right, trademark, trade secret, or other intellectual property right ofa third party. Without limiting the generality of the foregoing, if any portion of any the same or County's use of the same is, or in Contractor's or County's opinion is likely to be, held to infringe the rights of any third party, Contractor shall at its expense either (i) procure the right for County to use the infringing item free of any liability or expense to County to the full extent contemplated by this Agreement; or (ii) replace it with a noninfringing equivalent reasonably satisfactory to County. Without limiting the County's other rights and Contractor's obligations under this section, County shall have the right to employ counsel at its own expense for, and participate in the defense of, any claim.

I 0.2 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. The provisions of section 10.1 are independent of, and shall in no way limit, Contractor's and its insurer's requirements under this section I 0.2 and Exhibit "B," "Insurance Requirements." ARTICLE Jl

AUDIT AND INSPECTION

11.1 Audit and ln§pection.

11.1.1 Authorized federal, State and County representatives and their designated inspectors shall each have the following rights ("Audit and Inspection"):

I I .1. I. I to monitor, assess, and evaluate Contractor's performance under this Agreement; I I. l .1 .2 to conduct audits, inspections, reviews ofreports, and interviews of staff and participants involved with the services provided under this Agreement; and

11.1.1.3 to inspect the premises, services, materials, supplies, and equipment furnished or utilized in the performance of this Agreement and the workmanship of the work performed under this Agreement.

11.1.2 Contractor shall fully cooperate with any Audit and Inspection. County shall perform Audits and Inspections in a manner so as not to unduly interfere with Contractor's performance. 1 l .1.3 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 examine and make excerpts or transcripts from Contrqct: ###### PAgt 16 of 22 Scn·iccs Tcmplnlt: rev 10/8/2021 ,·6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER l#h1sert N11111ber/

AGREEMENT WITH CITY OF SOLANA BEACH FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FY2021-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS 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. 11 .1.4 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.

11.2 Extemal Audits. Contractor shall provide the following to the COR:

11.2.1 a copy of all notifications of audits or pending audits by federal or State representatives regarding contracted services identified in this Agreement within three (3) business days of Contractor receiving notice of the audit.

I I .2.2 a copy of the draft and final State or federal audit reports within twenty-four (24) hours ofreceiving them. Contractor shall also provide electronic copies to Agency Contract Support (ACS) at [email protected].

I I .2.3 a copy of Contractor's response to the draft and final State or federal audit reports at the same time the response is provided to the State or federal representatives.

I 1.2.4 a copy of all responses made by a federal or State representative to a Contractor's audit response no later than three (3) business days after receiving it, unless prohibited by the government agency conducting the audit. This shall continue until the federal or State auditors have accepted and closed the audit.

11.3 Availability of Records. Contractor shall maintain and/or make available within San Diego County accurate books, accounting records, and other records related to Contractor's perfonnance under this Agreement, including all records of costs charged to this Agreement during the term of this agreement and for the longer of: (i) a period of five (5) years after the date of final payment under this Agreement, and (ii) for records that relate to appeals under Anicle I 5 "Disputes," or litigation or the settlement of claims arising out of the performance of this Agreement, three (3) years after such appeals, litigation, or claims have been disposed of. Contractor shall provide any requested records to County within two (2) business days of request. Contractor assertions of confidentiality shall not be a bar to full access to the records. County shall keep the materials described above confidential unless otherwise required by law.

I 1.3. I Contractor shall maintain, and the records referred to in section 11.3 shall include, records sufficient to establish the reasonableness accuracy, completeness and currency of all cost or pricing data submitted to County in connection with this Agreement, including records of adequate price competition, negotiations, and cost or price analysis.

I I .4 Outcome-Based Measures. Where outcome-based measures are set forth in the Statement of Work, Contractor shall maintain, and provide to County upon County's request as often as County deems necessary, complete, and accurate data documenting such outcome measures under this Agreement. Such data may include, but is not limited to, statistics on outcomes, rates of success, and completion rate of deliverables.
11 .5 Full Cost Recovery. Contractor shall reimburse County for all direct end indirect expenditures incurred in conducting an audit, investigation, or inspection when Contractor is subsequently found to have violated terms of this Agreement. 11 .6 Corrective Actjons. If any services performed hereunder are found to have not been in conformity with the specifications and requirements of this Agreement, County shall have the right to (I) require the Contractor to perform the services in conformity with said specifications and requirements at no additional increase in total Agreement amount, (2) require Contractor immediately to take all necessary steps to ensure future performance of the services in conformity with requirements of the Agreement, (3) reduce payment to Contractor in accordance with Anicle 4, (4) have the services perfonned, by agreement or otherwise, in conformance with the specifications of this Agreement and recover from Contractor any costs incurred by County that are directly related to the performance of such services, and/or (5) pursue any other rights or remedies available to County under this Agreement.

ARTICLE 12

RECOVERY OF FUNDS
Where Contractor is required to reimburse County under any provision of this Agreement, or where County is otherwise owed funds from Contractor under this Agreement, County may, at its sole discretion and subject to funding source restrictions and State and federal law: (I) withhold such amounts from any amounts due to Contractor pursuant to the payment terms of this Agreement, (2) withhold such amounts from any other amounts due to Contractor from County, and/or (3) require Contractor to make payment to County for the total amount due (or a lesser amount specified by County) within thirty (30) days of request by County. Notwithstanding the foregoing, County may allow Contractor to repay any such amounts owed in installments pursuant to a written repayment plan.

Contract: It##### rage 17 of22 Services Tcmptait: rev 10/8/2021 v6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER (#/11sert Number)

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY2021-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS ARTICLE 13

USE OF DOCUMENTS AND REPORTS
I 3.1 Findings Confidential. Any reports, records, data, or other infonnation given to or prepared or assembled by Contractor under this Agreement that the County requests to be kept confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County except as may be required by law. Contractor shall not disclose to any individual or organization any reports, records, data, or other infonnation received, prepared, or assembled by Contractor under this Agreement

13.2 Ownership. Publication, Reproduction and Use of Material. All reports, studies, infonnation, 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 pennission 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 I 0.1 of this Agreement extend to any Claim (as defined in section I 0.1) against the County Parties (as defined in section I 0. I) 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 Custody of Records. Contractor shall deliver to County or its designee, at County's request, all documentation and data related to Contractor's work under this Agreement, including, but not limited to, County data and client files held by Contractor, at no charge to County. 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 conforn1 to applicable confidentiality provisions of State and federal law and that retained records shall be available to Contractor for examination and inspection in accordance with applicable law. Contractor shall destroy records not turned over to County in accordance with applicable retention requirements and this Agreement. Notwithstanding the foregoing, Contractor may retain one (I) copy of the documentation and data for archival purposes or warranty support, and Contractor may maintain records that it is legally required to maintain.

13.6 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 tenn 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.

ARTICLE 14

INFORMATION PRIVACY AND SECURITY PROVISIONS
Contractor agrees to follow all applicable federal, state, and local laws and regulations pertaining to the use and protection of confidential customer data, including, but not limited to Privacy Act of 1974, 5 U.S.C. 552a, and HUD regulations at 24 C.F.R.

Contract: #11###11 Page 18 of22 Services Template: rev 10/8/2021 ,·6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER (#I11sert Number/

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY2021-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS Parts 15 and 16 and Part 5, subpart B (starting with section 5.210); California Health and Safety Code sections 34283 and 34332; and all other funding specific regulations governing privacy and data security.

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 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.

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

16.4 Sections and Exhibits. All recitals, sections, and exhibits referred to in this Agreement are incorporated herein by reference. 16.5 Funher 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 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 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.

16.9 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.

I 6.1 O 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.

16.11 Severability. If any tenn, 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 tenn, provision, covenant, or condition of this Agreement shall be valid and enforceable to the fullest extent pennitted by law.

Contrnct: ###### Pngc 19 ofll Scn·lcts Template: rev 10/8/2021 ,•6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER (#/11serl N11111ber/

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY2021-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

16. I 2 Successors. Subject to the limitations on assignment set forth in section 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.

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

16. 14 Tjme 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. 15 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 tenn, 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.

16.16 Third Party Beneficjarjes 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.

16.17 Pubtjcity Announcements and Materials. All public announcements, including d1ose 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.

16.18 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 lnfonnation (Pl), Personally Identifiable lnfonnation (PII) and/or Personal Health lnfonnation (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. 19 Responsiveness to Community Concerns. Contractor shall notify County within one business day of receipt of any material complaints submitted to Contractor orally or in writing related to Contractor's performance of work under this Agreement ("Complaints"), unless prohibited by applicable State, federal, or local law. Complaints include, but are not limited to, issues of abuse or quality of care, or issues regarding a program or facility applicable to this Agreement. Contractor shall take appropriate steps to acknowledge receipt of Complaint(s) from individuals or organizations and to address or resolve all Complaints. Contractor shall promptly notify the County of the status and disposition of all complaints and provide additional information or documentation upon request. Nothing in this provision shall be interpreted to preclude Contractor from engaging in any legally authorized use of its facility, property, or business as approved, permitted or licensed by the applicable authority.

16.20 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. Furthennore, 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 Conlrnct: ###### rage 20 of22 Services Template: re\· 10/812021 v6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER l#l11Sert Number/

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FY2021-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS shall document review of criminal background findings and consideration of criminal history in the selection of such persons listed above in this section.

16.20.1 Contractor shall utilize a subsequent arrest notification service or perfonn a criminal background check annually during the tenn 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 11.4 "Maintenance of Records."

16.20.2 Definitions

16.20.2.1 Min2[: Individuals under the age of eighteen ( 18) years old.

16.20.2.2 Vulnerable Adult: (I) 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 pennanent 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 hann 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.

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

16.21 Survival. The provisions of this Agreement necessary to carry out the intention of the parties as expressed herein shall survive the termination or expiration of this Agreement. Without limiting the foregoing, the following sections and articles of this Agreement shall survive the expiration or earlier termination of this Agreement: sections 8.1, 8.21, 10.1, and Articles 3, 4, 7, 11, 12 and 13.

Contract:###### rage 21 ofll Services Template: rev 10/8/2021 v6.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER l#l11sert Number/

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (COBG) PROGRAM
FY2021-22 FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

SIGNATURE PAGE
AGREEMENT TERM. l his Agreement shall begin on the date of the last signature below and end upon comple1ion and Counly ncceptance of all deliverables under this Agreement.

COMPENSATION: Pursuant to Exhibit C, Article 4, and 01her applicable provisions of 1his Agreement, Count) agrees to pay Con1rac1or a um not to exceed t\,enty-nine thousand, seven hundred fifteen dollars ($29,715.00) ('·Maximum Agreement Amount'") COR. The Count) designates the following individual as the Contracting Officer's Representative ("COR").

Karen Wachowiak, Administra1ive Analyst
3989 Ruffin Road
San Diego. CA 92123
(858) 694-8708
Karen.Wachowiak@sdcount:,•.ca.gov
CONTRACTOR'S REPRESENTATIVE. Contractor designates the following individual as the Contruclor·s Representa1ive.

Rimgn Viskanta, Senior Managemen1 Anal)SI
635 South Highway 101
Solana Beach. CA 92075
(858) 720-::!467
rviskanta@cosb org
lN WITNESS WHCREOf. Coull!) and Contractor execute this Agreement effective as of the dme of the las1 signature below.

COUNT\' OF S
0) : --
IC ireclor
DOLe Heal ' '"' r,t;,bL Date:

Approved as to Form and Legality
By: DAVID STOTLAND, Se111or Deputy County Counsel
Cnn1rnr1: i/11##11# Srn·icrs Trmplalt: rt,· 10/8/2021 ,•fJ.11 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 HUD_.#,__ __

COUNTY CONTRACT NUMBER
AGREEMENT WITH CITY OF SOLAN_A_B __ E-AC--H--FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
CFDA # J4.218
l. Scope of Work/ Purpose: Contractor shall provide a program to support food distribution services to low-income City of Solana Beach residents in accordance with the Coronavirus Aid, Relief, and Economic Security Act of2020 (CARES Act), to prevent, prepare for, and respond to coronavirus. The Community Development Block Grant CARES (CD BG-CV) serves as a supplemental appropriation to the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program regulations. The COBO Program is governed by Code of Federal Regulations (CFR) Title 24 Part 570.

2. Background Information: The CDBG Program was authorized under Title I of the Housing and Community Development Act of 1974 and provides funds annually to entitlementjurisdictions. CDBG funds are used for community development and affordable housing activities that benefit low-income households and persons with special needs. CDBG funds are used to develop viable communities by providing safe and affordable housing, suitable living environments, and expanded economic opportunities.

The County of San Diego receives CDBG funds for the "Urban County" which includes all of the County unincorporated area and the six participating cities of Coronado, Del Mar, Imperial Beach, Lemon Grove, Poway, and Solana Beach. These cities are below the population threshold for entitlement status and have joined with the County to receive funds through a Cooperation Agreement.

Live Well San Diego Vision: The County of San Diego, Health and Human Service Agency (HHSA), supports the Live Well Sa11 Diego vision of Building Better Health, Living Safely, and Thriving. Live Well San Diego, developed by the County of San Diego, is a comprehensive, innovative regional vision that combines the efforts of partners inside and outside County government to help all residents be healthy, safe, and thriving. All HHSA partners and contractors, to the extent feasible, are expected to advance this vision. Building Better Health focuses on improving the health of residents and supporting healthy choices. Living Safely seeks to ensure residents are protected from crime and abuse, neighborhoods are safe, and communities are resilient to disasters and emergencies. Thriving focuses on promoting a region in which residents can enjoy the highest quality of life.

Information about Live Well San Diego can be found on the County's website and a website dedicated to the vision:
hllp://www.sdcountv.ca.!!.ov/hhsa/programs/sd/lh c well san die!!o/index.html hllp://www.LiveWellSD.or!!
A Trauma-Informed System: Tile County of San Diego Health and Human Services Agency (HHSA) is committed to becoming a Trauma-Informed System as part of its effort to build a better service delivery system. All programs operated and supported by HHSA shall be part of a Trauma-lnfonned System, which includes providing trauma-informed services and maintaining a trauma-infonned workforce. It is an approach for engaging individuals - staff, clients, partners, and the community - and recognizing that trauma and chronic stress influence coping strategies and behavior. Traumainfonned systems and services minimize the risk of re-traumatizing individuals and/or families, and promote safety, self-care, and resiliency.

Trauma-Infom1ed Principles include:

EXHIBIT A· STATEMENT OF WORK
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 HUD""'#"----
COUNTY CONTRACT NUMBER ___ _

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
CFDA # 14.2)8
Understanding trauma and its impact to individuals;
Promoting safety;
Awareness of cultural, historical, disability, and gender issues, and ensuring competence and responsiveness; • Supporting consumer empowerment, control, choice, and independence; Sharing power and governance ( e.g. including clients and staff at all levels in the development and review of policies and procedures); Demonstrating trustworthiness and transparency;
• lntegrating services along the continuum of care;
• Believing that establishing safe, authentic, and positive relationships can be healing; Understanding that wellness is possible for everyone.

Requirements, deliverables, and measurable outcomes in Exhibit A: Statement of Work that support a Trauma-Informed System may be found in the following sections: 3.2. through 3.2.6.

3. Goals and Deliverables/Outcomes

3. I. Goals: Contractor shall accomplish the project described herein to meet the goal of reducing food insecurity to low-income households of the City of Solana Beach as a result of experiencing financial hardship exacerbated by the COVID-19 pandemic.

3.1.1. This project shall meet the following HUD, CDBG, and Consolidated Plan goals:

ELIGIBILITY CITATION:

NATIONAL OBJECTIVE:

CONSOLIDATED PLAN GOAL:
24 CFR 570.201(e) Public Services
Low-Moderate Income limited clientele
benefit- Homeless and Persons affected
by COVID-19 (24 CFR 570.208
(a)(2)(i)(A))
Prevent and end homelessness through
accessible housing and supportive
services.

3.2. Deliverables/Outcomes: Contractor shall use CDBG-CV funding to partner with Community Resource Center, a non-profit community-based public service organization, to administer the program.

3.2.1. Contractor shall provide support staff to administer this project. 3 .2.2. Contractor shall ensure the appropriate personnel are utilized this project: 3.2.2.1. Program Manager

3.2.2.2. Food Rescue Truck Drivers
EXHIBIT A- STATEMENT OF WORK 2
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER ___ _

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
HUD # CFDA # \4.2\8

3.2.3. Contractor shall ensure approximately twenty-four (24) low-income households are provided healthy food by this program.

3.2.4. Contractor shall facilitate 250 visits by Solana Beach residents to its Food and Nutrition Center for food security and support.

3.2.5. Contractor shall offer transportation assistance to 100% of Solana Beach participants to access the Food and Nutrition Center.

3.2.6. Contractor shall engage in a minimum of IO outreach engagements to promote the Food and Nutrition Center for Solana Beach residents.

4. Target Population and Geographical/Regional Service Area

4. I. Target Population: Contractor's project shall predominately benefit low-income persons experiencing a financial hardship due to the COVID-19 pandemic.

4.2. Geographical/Regional Service Area: Contractor shall provide the service(s) listed in this agreement in the following geographical/regional service area(s) or at the following location(s):

4.2.1. City of Solana Beach, Califomia, 92075.

5. General and Specific Requirements

5.1. General: All activities performed under the agreement are subject to review and approval by the County of San Diego, Health and Human Services Agency, Housing and Community Development Services (HCDS), and HUD.

5.2. Specific:

5.2.1. Estimated Time Schedule: Contractor shall implement this project in compliance with the following estimated completion date, or earlier: Within 12 months from the Notice to Proceed. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of CDBG funds or other CDBG assets, including program income.

5.2.2. Estimated Budget: Contractor shall complete the work under this Agreement within the following estimated budget. In no case shall Contractor be entitled to, nor shall County reimburse Contractor, for more than $29,715.00 for work perfonned under this Agreement.
5 .2.3. Acknowledgement of Funding: Contractor shall identify the County of San Diego as the source of funding, or, if applicable, one of the sources of funding in public announcements that are made regarding the project. Acknowledgement of the EXHIBIT A· STATEMENT OF WORK 3
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER __ _

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
HUD-# __ _ CFDA # !4.218

6. County's funding role, for example, should be included in publicity materials related to the project. In addition, Contractor agrees that the County shall be apprised of any special events linked to the project so that a review can be made on what role, if any, the County would assume.

5.2.4. Contractor shall ensure any person or persons receiving CDBG-CV assistance (including subrecipients and direct beneficiaries) shall agree to repay assistance that is deemed to be duplicative.

Data Collection and Reporting Requirements

6.1. Data Collection: Contractor is responsible for collecting, maintaining and reporting income and ethnicity infonnation for all persons/households served by the program.

6.1.1. Contractor shall document all clients served to ensure that at least fifty-one percent (51 %) of those served are at or below 80 percent of the Area Median Income as established by the U.S. Department of Housing and Urban Development (HUD).

A case worker will interview to confinn. This infonnation is to be collected, compiled and submitted to the County of San Diego on a quarterly basis and at the end of each fiscal year (June 30th) for five (5) years. In addition, proof of supporting income verification documentation (third party verifications or source documents provided by beneficiaries) shall be submitted to the County's Housing and Community Development Services upon receipt of a written request and at the time of any monitoring of project records. Housing and Community Development Services will sample, monitor and validate the accuracy of the beneficiary certification reports (refer to format approved by County on Statement of Work, Attachment 2).

6.2. Quarterly Reports: Contractor shall provide the County with a quarterly report, submitted no later than 30 days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the Contract, and an itemized accounting of the expenditures of CDBG funds during the previous quarter. Failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the report has been submitted.

6.3. 6.2.1. Report due dates: October 30, January 30, and April 30.

Additional Reporting Reguirements: Contractor shall submit to County in a timely manner other reports as requested/required by HUD and/or dte County including, but not limited to the Contractor/Subcontractor: Semi-Annual Labor Standards Enforcement Reports, Annual Minority Business Enterprise Activity Reports, Section 3 Reports and provide, as requested by HUD and/or the County, infonnation necessary to prepare the Grantee Consolidated Annual Perfonnance and Evaluation Report (CAPER), Consolidated Plan, Annual Plan and other such reports and/or plans.

EXHIBIT A· STATEMENT OF WORK 4
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER __ _

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS EXHIBIT A· STATEMENT OF WORK
HUD_.#._. __ CFDA # 14,218

6.3. I. Report due dates are as follows:

Report Reportin1t Period(s) Due to County
Semi-Annual Labor Standards October 1st to March 31 51 October 3, 2021 Enforcement Report- Form April 151 to September 30th April 3, 2022 4710 (if applicable)
Minority Business Enterprise October 1st - September 30"' October I 0, 2021 Activity Repo1t- Form 2516 (if
applicable)
Section 3 Report (if applicable) July 151 - June 30111 July 10, 2022 CAPER Form(s) July 151 - June 30111 July 6, 2022

6.3 .2. Contractor may be requested to provide additional data to the County in response to a county, state, or federal inquiry request. lf this situation should arise, Contractor shall provide the County with the requested data.

6.3.3. Contractor shall document income eligibility and demographic information for each client served. Attachment 2, of the Statement of Work, provides a sample collection form for income/demographic infonnation.

EXI-IIBIT A· STATEMENT OF WORK 5
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER ___ _

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR WW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK

ATTACHMENT J- ADDITIONAL TERMS AND CONDITIONS
HUD..,#'----- CFDA #14.218
[n the event that any provision of the Agreement or its Exhibits, conflicts with any other tenn or condition, the Contractor shall abide by the stricter requirement as set forth by the County, State or Federal governmental agency.

Al. Comoliance with Laws and Regulations
A 1.1. Contractor shall abide by all applicable local, County, State and Federal laws, regulations, rules and orders (collectively, "Regulations"), current and hereinafter enacted, applicable to the goods and/or services to be provided hereunder and pertaining to the Community Development Block Grant (CDBG) Program including, but not limited to, those listed in this Attachment I - Additional Terms and Conditions, including facility and professional licensing and/or certification laws.

Al .2. Contractor shall 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. Contractor's failure to comply with any applicable Regulations shall constitute a material breach of this purchase order.

Al .3. The obligations undertaken by Contractor include, but are not limited to, the obligation to comply with tl1e current and most up-to-date version of each of the laws and regulations listed in this Attachment I - Additional Tem1s and Conditions. (a) Contractor shall undertake the same obligations to the County with respect to the Contractor's Proposal ("Project") that the County has undertaken to HUD as set forth in the:
(1) County's Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan ("Annual Plan")
(2) Certifications of Compliance ("Certifications")
Contractor shall comply with the following:

A2.

A3.

Uniform Administrative Requirements
2 CFR Parts 200 and 2400-2429 entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
Lead-Based Paint Hazards
The Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and implementing regulations at Part 35;

ATTACHMENT I -ADDITIONAL TERMS AND CONDITIONS
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER ___ _

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK

ATTACHMENT I-ADDITIONAL TERMS AND CONDITIONS
HUD# CFDA #14,218
A4. DRUG-FREE WORKPLACE ACT
The Drug-Free Workplace Act of 1988 (41 U.S.C. 701, et seq.) and implementing regulations at 2 CFR 2429.

AS. EQUAL OPPORTUNITY AND NON-DISCRIMINATION REQUIREMENTS A6.

A7.

Contractor shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, or physical, mental disability, political affiliation and marital status in accordance with 24 CFR 5.105(a) including Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); Title Vil of the Civil Rights Act of 1964 (42 U.S.C. § 2000e, et seq.); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 U.S.C. § 3601, et seq.); Section 109 of the Housing and Community Development Act of 1974; (42 U.S.C. § 5309, et seq.); Executive Order I 1246, as amended {equal employment opportunity); Executive Order 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; and, pursuant to the Cooperative Agreement, all obligations and actions necessary to participate and comply with the 2015-2020 San Diego Regional Analysis ofimpediments to Fair Housing Choice;

ENVIRONMENT AL REQUIREMENTS
The regulations in 24 CFR Part 58 specifying other provisions of the law that further the purposes of the National Environmental Policy Act of 1969 and the procedures by which grantees must fulfill their environmental responsibilities.

GENERAL PROVISIONS
A7. I. The Housing and Community Development Act of 1974 (42 U.S.C. §5301, et seq.); A7.2. Title 24 of the Code of Federal Regulations, Part 570 (the HUD regulations concerning CDBG) including subpart K of these regulations, except that: I) Contractor does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and 2) Contractor does not assume the recipient's responsibility for initiating the review process under the provisions of24 CFR Part 52.

A 7.3. Program Income requirements as described in 24 CFR 570.504(c), which require Contractor to return any program income earned by Contractor in carrying out the activities of this Agreement to the County;
A 7.4. 24 CFR 570.505 concerning use of real property
A7.5. The Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1979, 42 U.S.C. §4601, et seq., and regulations adopted to implement that Act in 49 CFR Part 24;
ATTACHMENT I -ADDITIONAL TERMS AND CONDITIONS 2
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER __ _

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A-STATEMENT OF WORK
A TT A CHM ENT 1- ADDITIONAL TERMS AND CONDITIONS
HUD""# __ _ CFDA #14.218
AS.

A 7.6. Laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (54 U.S.C. §100101 et seq.); the Historical and Archaeological Preservation Act of 1974 ( 16 U .S.C. 469-469c ); and Executive Order 11593; A 7.7. The Hatch Act relating to the conduct of political activities (5 U.S.C. § 1501, et seq.); A 7.8. The Flood Disaster Protection Act of 1973 (42 U.S.C. §4001, et seq. and the implementing regulations in 44 CFR Parts 59-78); A7.9. The Rehabilitation Act of 1973 (29 U.S.C. §701, et seq.) es amended, including Section 504 which relates to nondiscrimination in federal programs and HUD Regulations set forth in 24 CFR Part 8;
A 7.10. The Clean Air Act(42 U.S.C. §7401, et seq.} and the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251, et seq.) and the regulations adopted pursuant thereto (40 CFR Part 6); A 7. I 1. Executive Order 13166 relating to "Improving Access to Services by Persons with Limited English Proficiency ("LEP");
A 7.12. The Architectural Barriers Act of 1968 (42 U.S.C. §4151, et seq.).

A 7.13. The HUD Act of 1968 (12 U.S.C. I 701u) as amended, including Section 3 which relates to direct employment, training, and contracting opportunities to low-income individuals and the businesses that employ these persons within their community as set forth in 24 CFR Part 75.

FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT. {FFATA} The Contractor shall comply with the provisions of FF A TA, which includes requirements on executive compensation, and also requirements implementing the Act for the non-Federal entity at 2 CFR part 25 Financial Assistance Use of Universal Identifier and System for Award Management and 2 CFR part 170 Reporting Subaward and Executive Compensation Information.

A9. USE OF PROPERTY-SUCCESSORS IN INTEREST
Title to real or personal property acquired with contracted funds shall vest in Contractor. Such property shall be used for the purposes of call)'ing out the provisions of this Agreement as required by 24 CFR §570.502, §570.503(b)(7) and §570.505. This clause shall continue to apply to any entity with which Contractor may be merged or consolidated or which otherwise succeeds to Contractor's interest in the property.

AlO. CERTIFICATION OF NO FINANCIAL INTEREST
ATTACHMENT I -ADDITIONAL TERMS AND CONDITIONS 3
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 HUD=# __ _
COUNTY CONTRACT NUMBER __ _

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
A 1T ACHMENT I- ADDITIONAL TERMS AND CONDITIONS
CFDA # J4.2 I 8
Contractor certifies that no member, officer or employee of the Contractor, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any financial interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be perfonned in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification.

All. DEBARMENT AND SUSPENSION
Subrecipient must not make any award or contract with any organization which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." Prior to award of any contract or subcontract, Subrecipient shall provide the County with proof of compliance, to include exclusion records from the System for Award Management (SAM). See Article 8.16.3 for additional infonnation. Article 8.16.3 supersedes Exhibit A - Statement of Work, Attachment I - Additional Terms and Conditions.

ATTACHMENT I-ADDITIONAL TERMS AND CONDITIONS 4
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER ___ _

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A - STATEMENT OF WORK
ATTACHMENT 2- SAMPLE INCOME DATA FORM FOR CDBG FUNDED PROJECTS

QUALIFYING ON THE BASIS OF LIMITED CLIENTELE
HUD...,# __ _ CFDA #14.218

COUNTY OF SAN DIEGO HEAL TH AND HUMAN SERVICES AGENCY

HOUSING AND COMMUNITY DEVELOPMENT SERVICES
Your cooperation in filling out this fonn is requested. Record keeping on income of participants in the _______ program is a condition of receipt of federal funds for the program. The information provided on this fonn will remain confidential but may be verified by responsible local and federal agencies. Self-identification of race and ethnicity is voluntary.

I. Please check the total number of people, including you, residing in your household, and on the same row, please check your combined gross annual income for you and all the members of your household:

Household 80%AMI• S0%AMI• 30%ofAMI•
Members
I 42.501-67,900 25,451-42,500 25450
2 48,501-77,600 29,101-48.500 29 IDO
3 54,551-87,300 32,751-54,550 32,750
4 60,601-97,000 36,351-60,600 36,350
s 6S,4S1-104,880 39,301-65,450 39.300
6 70.301-112,SSO 42,201-70.300 42,200
7 75,151-120.300 4S,101-75.150 45100
8 80,001-128,DSD 48,001-80,000 48,000
(NOTE: The above i11formalio11 is for 202 J and cha11gcs each calendar year. To obloi11 11pdated information go lo and search for income limits for the San Diego area.)
*2021 Aren Median Income (AMI) for SRn Diego is S9S,100.

2. Please check the box below that best describes your family.

RACE CATEGORIES HISPANIC ETHNICITY
Check One Race Category Only Check Only If Also
Hisoanic
White
Black/African American
Asion
American lndian/Alasko Notivc
Native Hawaiian/Other Pacific Islander
American Indian/Alaska Native AND White
Asian AND White
Asian AND Pacific Islander
Black/African American AND White
American Indian/Alaska Notive AND Black/African American Other/Multi-Racial (Ex0lain)
Name:------------------------------- (Print) Household Address: __________________________ _ Telephone Number: __________________________ _
Signature:

Note: Name, addms, telephone and signature arc optional. A unique identifier may be used to Ir.Ice client served to meet CDBG limited clicntclc requirement
ATTACHMENT 2 - SAMPLE INCOME DATA FORM FOR COBO FUNDED PROJECTS QUALIFYING ON THE BASIS

OF LIMITED CLIENTELE I
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 ____ _..

EXHIBIT A-1- CONTRACTOR'S PROPOSAL

SEE ATTACHED APPLICATION
(Attachments to Application that are not included are located at HCDS) DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER !#Insert Number]

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
FOOD DISTRlBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS EXHIBIT 8-INSURANCE REQUIREMENTS

INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor's indemnification obligations to County, Contractor shall provide at its sole expense and maintain for the duration of this contract, or as may be further required herein, 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 the work by the Contractor, his agents, representatives, employees or subcontractors.

I. Minimum Scope of Insurance
Coverage shall be at least as broad as:

A. Commercial General Liability, Occurrence form, Insurance Services Office fom1 CG0OOI.

B. Automobile Liability covering all owned, non owned, hired auto Insurance Services Office form CA000 I.

C. Workers' Compensation, as required by State of California and Employer's Liability Insurance.

2. Minimum Limits of Insurance
Contractor shall maintain limits no less than:

A. Commercial General Liability including Premises, Operations, Products and Completed Operations, Contractual Liability, and Independent Contractors Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. The General Aggregate limit shall be $4,000,000.

B. Automobile Liability: $1,000,000 each accident for bodily injury and property damage.

C. Employer's Liability: $1,000,000 each accident for bodily injury or disease. Coverage shall include waiver of subrogation endorsement in favor of County of San Diego.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. As a requirement of this contract, any available insurance proceeds in excess of the specified minimum limits and coverage stated above, shall also be available to the County of San Diego.

3. Self-Insured Retentions
Any self-insured retention must be declared to and approved by County Risk Management. At the option of the County, either: the insurer shall reduce or eliminate such self-insured retentions as respects the County, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the County guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

4. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

A. Additional Insured Endorsement
The County of San Diego, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of the County, individually and collectively are to be covered as additional insureds on the General Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed by or on behalf of the Contractor. General Liability coverage can be provided in the form ofan endorsement to the Contractor's insurance (at least as broad as ISO from CG 2010 11 85 or both CG 2010, CG 2026, CG 2033, or CG 2038; and CG 203 7 forms if later revisions used).

B. Primary Insurance Endorsement
For any claims related to this contract, the Contractor's insurance coverage, including any excess liability policies, shall be primary insurance at least as broad as ISO CG 2001 04 13 as respects the County, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of J , luhll 11 - ilhlll ,1111.:.' l{, quir,·m,·111,
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER !#Insert Number)

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT B - INSURANCE REQUIREMENTS
the County, individually and collectively. Any insurance or self-insurance maintained by the County, its officers, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

C. Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the County.

D. Seyerability of Interest Clause
Coverage applies separately to each insured, except with respect to the limits of liability, and that an act or omission by one of the named insureds shall not reduce or avoid coverage to the other named insureds.

General Provisions

5. Qualifying Insurers
All required policies of insurance shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder's alphabetic and financial size category rating of not less than A, VII according to the current Best's Key Rating guide, or a company of equal financial stability that is approved in writing by County Risk Management.

6. Evidence of Insurance
Prior to commencement of this Contract, but in no event later than the effective date of the Contract, Contractor shall furnish the County with a copy of the policy declaration and endorsement pages along with the certificates of insurance and amendatory endorsements effecting coverage required by this clause. Policy declaration and endorsement pages shall be included with renewal certificates and amendatory endorsements submissions and shall be furnished to County within thirty days of the expiration of the term of any required policy. Contractor shall permit County at all reasonable times to inspect any required policies of insurance.

7. Failure to Obtain or Maintain Insurance; County's Remedies Contractor's failure to provide insurance specified or failure to furnish certificates of insurance and amendatory endorsements or failure to make premium payments required by such insurance shall constitute a material breach of the Contract, and County may, at its option, tenninate the Contract for any such default by Contractor.

8. No Limitation or Obligations
TI,e foregoing insurance requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the County are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification.

9. Review of Coverage
County retains the right at any time to review the coverage, form and amount of insurance required herein and may require Contractor to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required.

J 0. Selr-lnsurance
Contractor may, with the prior ~ consent of County Risk Management, fulfill some or all of the insurance requirements contained in this Contract under a plan of self-insurance. Contractor shall only be permitted to utilize such self-insurance if in the opinion of County Risk Management, Contractor's (i) net worth, and (ii) reserves for payment of claims of liability against Contractor, are sufficient to adequately compensate for the lack of other insurance coverage required by this Contract. Contractor's utilization of self-insurance shall not in any way limit liabilities assumed by Contractor under the Contract.
2 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER (#Insert Number)

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT B - INSURANCE REQUIREMENTS

11. Subcontractors' Insurance
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that County is an additional insured on insurance required from subcontractors.

Such Additional Insured endorsement shall be attached to the certificate of insurance in order to be valid and on a form at least as broad as ISO from CG 2010 l I 85 or both CG 2010, CG 2026, CG 2033, or CG 2038; and CG 2037 forms if later revisions used. If any sub contractor's coverage does not comply with the foregoing provisions, Contractor shall defend and indemnify the County from any damage, loss, cost, or expense, including attorneys' fees, incurred by County as a result of subcontractor's failure to maintain required coverage.

12. Waiver of Subrogation
Contractor hereby grants to County a waiver of their rights of subrogation which any insurer of Contractor may acquire against County by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the County for all work perfonned by the Contractor, its employees, agents and subcontractors.

I ,h1h11 I\ l1hur,111,·,• l(cq111r,·111,·111, 3
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 HUD~# __ _
COUNTY CONTRACT NUMBER __ _

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT C- PAYMENT SCHEDULE
CFDA #14.218
COMPENSATION SCHEDULE:

County shall pay Contractor monthly progress payments upon submittal by Contractor of a certified statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Agreement. The balance due shall be paid upon certification by Contractor that all of the required services have been completed. Payment by County is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof.

The I 0% retention will not apply to acquisition or service contracts.

EXPENDITURE STANDARD:

To ensure effective administration and performance of approved CDBG projects and to meet HUD perfom,ance standards, Contractor shall demonstrate reasonable progress on implementation of the Project by expending all contracted funds pursuant to agreement terms within twelve (12) months from the Effective Date of the agreement. In the event that all funds are not expended within twelve months, the County shall notify the Contractor of the expenditure deficiency. Contractor will have a total of sixty (60) calendar days from the date of the County's written notification to correct the deficiency. If the deficiency is not corrected within that time, the County may recapture and reallocate such unexpended funds at its sole discretion. The recaptured funds shall be made available for reprograming to other eligible activities as deemed appropriate by the County, as Grantee for the Urban County.

BUDGET

ITEM CONTRACT MAXIMUM AMOUNT
(Not to Exceed)
Sub-Co111ract with Commu11itv Resource Center $29.715.00 EXl-tlBIT C - PAYMENT SCHEDULE
Contract 566832, Modification #1 Page 1 of 2 Amendment Template: rev 10/8/2021 v1.0 COUNTY OF SAN DIEGO – HEALTH AND HUMAN SERVICES AGENCY

HOUSING AND COMMUNITY DEVELOPMENT SERVICES

AMENDMENT
CONTRACT 566832, MODIFICATION #1
Effective Date: Date Signed by Health and Human Services Agency Director Contractor: City of Solana Beach
Agreement Title: Food Distribution for Low-Income Solana Beach Residents Contractor and County of San Diego (“County”) enter into this amendment (“Amendment”) to modify the above-referenced contract (“Agreement”) as described herein.

1. Agreement Terms and Work:

1.1. Update Statement of Work, Section 3.2.3. to the following:

1.1.1. Contractor shall ensure approximately forty-eight (48) low-income households are provided healthy food by this program.

1.2. Update Statement of Work, Section 3.2.4. to the following:

1.2.1. Contractor shall facilitate 500 visits by Solana Beach residents to its Food and Nutrition Center for food security and support.

1.3. Update Statement of Work, Section 3.2.6. to the following:

1.3.1. Contractor shall engage in a minimum of twenty (20) outreach engagements to promote the Food and Nutrition Center for Solana Beach residents.

1.4. Update Statement of Work, Section 5.2.1. to add the following sub-sections:

1.4.1. 5.2.1.1. Contractor shall expend 80% of CDBG-CV funding by August 12, 2023.

1.4.1.1. 5.2.1.1.1. Contractor shall ensure invoices are submitted by May 31, 2023 to ensure processing is complete prior to expenditure deadline.

1.5. Update Statement of Work, Section 5.2.2. to the following:

1.5.1. Estimated Budget: Contractor shall complete the work under this Agreement within budget. In no case shall Contractor be entitled to, nor shall County reimburse Contractor, for more than $60,865.00 for work performed under this Agreement.

1.6. Update Statement of Work, Section 6.3.1. to update reporting due dates to County to align with the fiscal year 2022-2023.

1.7. Update Statement of Work, Attachment 2 – Sample Income Data Form for CDBG Funded Projects to update Area Median Income from 2021 data to 2022 data.

2. Compensation: As a result of this Amendment, Contractor’s compensation is increased by an amount of $31,150.00, resulting in a new Maximum Agreement Amount of $60,865.00.

2.1. Revise Exhibit C – Payment Schedule to include revised budget per Amendment 1.

3. Term of Agreement: The contract time for completion remains unchanged.

All other terms and conditions remain in effect.

IN WITNESS WHEREOF, County and Contractor have executed this Amendment effective as of the Effective Date set forth above. This Amendment is not valid unless signed by Contractor and County Contracting Officer. The person(s) signing this Agreement for Contractor represent(s) and warrant(s) that they are duly authorized to bind Contractor and have the legal capacity to execute and deliver this Agreement.

CONTRACTOR: COUNTY OF SAN DIEGO:

By:

GREG WADE, City Manager, City of Solana Beach
DATE
Department Review and Recommended Approval:

By:

FELIPE MURILLO, Program Coordinator, Housing and
Community Development Services
DATE
CONTRACTING OFFICER:

By:

NICK MACCHIONE, Director
Health and Human Services Agency
DATE
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 Contract 566832, Modification #1 Page 2 of 2 Amendment Template: rev 10/8/2021 v1.0 DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER 566832__________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA # 14.218
EXHIBIT A- STATEMENT OF WORK 1

1. Scope of Work/ Purpose: Contractor shall provide a program to support food distribution services to low-income City of Solana Beach residents in accordance with the Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act), to prevent, prepare for, and respond to coronavirus. The Community Development Block Grant CARES (CDBG-CV) serves as a supplemental appropriation to the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program regulations. The CDBG Program is governed by Code of Federal Regulations (CFR) Title 24 Part 570.

2. Background Information: The CDBG Program was authorized under Title I of the Housing and Community Development Act of 1974 and provides funds annually to entitlement jurisdictions. CDBG funds are used for community development and affordable housing activities that benefit low-income households and persons with special needs. CDBG funds are used to develop viable communities by providing safe and affordable housing, suitable living environments, and expanded economic opportunities.

The County of San Diego receives CDBG funds for the “Urban County” which includes all of the County unincorporated area and the six participating cities of Coronado, Del Mar, Imperial Beach, Lemon Grove, Poway, and Solana Beach. These cities are below the population threshold for entitlement status and have joined with the County to receive funds through a Cooperation Agreement.

Live Well San Diego Vision: The County of San Diego, Health and Human Service Agency (HHSA), supports the Live Well San Diego vision of Building Better Health, Living Safely, and Thriving. Live Well San Diego, developed by the County of San Diego, is a comprehensive, innovative regional vision that combines the efforts of partners inside and outside County government to help all residents be healthy, safe, and thriving. All HHSA partners and contractors, to the extent feasible, are expected to advance this vision. Building Better Health focuses on improving the health of residents and supporting healthy choices. Living Safely seeks to ensure residents are protected from crime and abuse, neighborhoods are safe, and communities are resilient to disasters and emergencies. Thriving focuses on promoting a region in which residents can enjoy the highest quality of life.

Information about Live Well San Diego can be found on the County’s website and a website dedicated to the vision:
http://www.sdcounty.ca.gov/hhsa/programs/sd/live_well_san_diego/index.html http://www.LiveWellSD.org
A TRAUMA-INFORMED SYSTEM: The County of San Diego Health and Human Services Agency (HHSA) is committed to becoming a Trauma-Informed System as part of its effort to build a better service delivery system. All programs operated and supported by HHSA shall be part of a TraumaInformed System, which includes providing trauma-informed services and maintaining a traumainformed workforce. It is an approach for engaging individuals – staff, clients, partners, and the community – and recognizing that trauma and chronic stress influence coping strategies and behavior.

Trauma-informed systems and services minimize the risk of re-traumatizing individuals and/or families, and promote safety, self-care, and resiliency.

Trauma-Informed Principles include:

DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER 566832__________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA # 14.218
EXHIBIT A- STATEMENT OF WORK 2
• Understanding trauma and its impact to individuals;
• Promoting safety;
• Awareness of cultural, historical, disability, and gender issues, and ensuring competence and responsiveness;
• Supporting consumer empowerment, control, choice, and independence; • Sharing power and governance (e.g. including clients and staff at all levels in the development and review of policies and procedures);
• Demonstrating trustworthiness and transparency;
• Integrating services along the continuum of care;
• Believing that establishing safe, authentic, and positive relationships can be healing; • Understanding that wellness is possible for everyone.

3. Goals and Deliverables/Outcomes

3.1. Goals: Contractor shall accomplish the project described herein to meet the goal of reducing food insecurity to low-income households of the City of Solana Beach as a result of experiencing financial hardship exacerbated by the COVID-19 pandemic.

3.1.1. This project shall meet the following HUD, CDBG, and Consolidated Plan goals:

ELIGIBILITY CITATION: 24 CFR 570.201(e) Public Services NATIONAL OBJECTIVE: Low-Moderate Income limited clientele benefit– Homeless and Persons affected
by COVID-19 (24 CFR 570.208
(a)(2)(i)(A))
CONSOLIDATED PLAN GOAL: Prevent and end homelessness through accessible housing and supportive
services.

3.2. Deliverables/Outcomes: Contractor shall use CDBG-CV funding to partner with Community Resource Center, a non-profit community-based public service organization, to administer the program.

3.2.1. Contractor shall provide support staff to administer this project.

3.2.2. Contractor shall ensure the appropriate personnel are utilized this project:

3.2.3. Program Manager

3.2.4. Food Rescue Truck Drivers

3.2.3. Contractor shall ensure approximately forty-eigjht (48) low-income households are provided healthy food by this program.

DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER 566832__________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA # 14.218
EXHIBIT A- STATEMENT OF WORK 3

3.2.4. Contractor shall facilitate 500 visits by Solana Beach residents to its Food and Nutrition Center for food security and support.

3.2.5. Contractor shall offer transportation assistance to 100% of Solana Beach participants to access the Food and Nutrition Center.

3.2.6. Contractor shall engage in a minimum of 20 outreach engagements to promote the Food and Nutrition Center for Solana Beach residents.

4. Target Population and Geographical/Regional Service Area

4.1. Target Population: Contractor’s project shall predominately benefit low-income persons experiencing a financial hardship due to the COVID-19 pandemic.

4.2. Geographical/Regional Service Area: Contractor shall provide the service(s) listed in this agreement in the following geographical/regional service area(s) or at the following location(s):

4.2.1. City of Solana Beach, California, 92075.

5. General and Specific Requirements

5.1. General: All activities performed under the agreement are subject to review and approval by the County of San Diego, Health and Human Services Agency, Housing and Community Development Services (HCDS), and HUD.

5.2. Specific:

5.2.1. Estimated Time Schedule: Contractor shall implement this project in compliance with the following estimated completion date, or earlier: Within 12 months from the Notice to Proceed. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of CDBG funds or other CDBG assets, including program income.

5.2.1.1. Contractor shall expend 80% of CDBG-CV funding by August 12, 2023.

5.2.1.1.1. Contractor shall ensure invoices are submitted by May 31, 2023 to ensure processing is complete prior to expenditure deadline.

5.2.2. Estimated Budget: Contractor shall complete the work under this Agreement within the following estimated budget. In no case shall Contractor be entitled to, nor shall County reimburse Contractor, for more than $60,865.00 for work performed under this Agreement.

5.2.3 Acknowledgement of Funding: Contractor shall identify the County of San Diego as the source of funding, or, if applicable, one of the sources of funding in public announcements that are made regarding the project. Acknowledgement of the County's funding role, for example, should be included in publicity materials related to the project. In addition, DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER 566832__________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA # 14.218
EXHIBIT A- STATEMENT OF WORK 4
Contractor agrees that the County shall be apprised of any special events linked to the project so that a review can be made on what role, if any, the County would assume.

5.2.4. Contractor shall ensure any person or persons receiving CDBG-CV assistance (including subrecipients and direct beneficiaries) shall agree to repay assistance that is deemed to be duplicative.

6. Data Collection and Reporting Requirements

6.1. Data Collection: Contractor is responsible for collecting, maintaining and reporting income and ethnicity information for all persons/households served by the program.

6.1.1. Contractor shall document all clients served to ensure that at least fifty-one percent (51%) of those served are at or below 80 percent of the Area Median Income as established by the U.S. Department of Housing and Urban Development (HUD).

A case worker will interview to confirm. This information is to be collected, compiled and submitted to the County of San Diego on a quarterly basis and at the end of each fiscal year (June 30th) for five (5) years. In addition, proof of supporting income verification documentation (third party verifications or source documents provided by beneficiaries) shall be submitted to the County’s Housing and Community Development Services upon receipt of a written request and at the time of any monitoring of project records. Housing and Community Development Services will sample, monitor and validate the accuracy of the beneficiary certification reports (refer to format approved by County on Statement of Work, Attachment 2).

6.2. Quarterly Reports: Contractor shall provide the County with a quarterly report, submitted no later than 30 days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the Contract, and an itemized accounting of the expenditures of CDBG funds during the previous quarter. Failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the report has been submitted.

6.2.1. Report due dates: October 30, January 30, and April 30.

6.3. Additional Reporting Requirements: Contractor shall submit to County in a timely manner other reports as requested/required by HUD and/or the County including, but not limited to the Contractor/Subcontractor: Semi-Annual Labor Standards Enforcement Reports, Annual Minority Business Enterprise Activity Reports, Section 3 Reports and provide, as requested by HUD and/or the County, information necessary to prepare the Grantee Consolidated Annual Performance and Evaluation Report (CAPER), Consolidated Plan, Annual Plan and other such reports and/or plans.

6.3.1. Report due dates are as follows:

Report Reporting Period(s) Due to County
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER 566832__________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA # 14.218
EXHIBIT A- STATEMENT OF WORK 5
Semi-Annual Labor Standards
Enforcement Report- Form
4710 (if applicable)
October 1st to March 31st
April 1st to September 30th
October 3, 2022
April 3, 2023
Minority Business Enterprise
Activity Report- Form 2516 (if
applicable)
October 1st - September 30th October 10, 2023
Section 3 Report (if applicable) July 1st - June 30th July 10, 2023 CAPER Form(s) July 1st - June 30th July 10, 2023

6.3.2. Contractor may be requested to provide additional data to the County in response to a county, state, or federal inquiry request. If this situation should arise, Contractor shall provide the County with the requested data.

6.3.3. Contractor shall document income eligibility and demographic information for each client served. Attachment 2, of the Statement of Work, provides a sample collection form for income/demographic information.

DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER 566832 __________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
ATTACHMENT 1– ADDITIONAL TERMS AND CONDITIONS
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA #14.218
ATTACHMENT 1 –ADDITIONAL TERMS AND CONDITIONS 1
In the event that any provision of the Agreement or its Exhibits, conflicts with any other term or condition, the Contractor shall abide by the stricter requirement as set forth by the County, State or Federal governmental agency.

A1. Compliance with Laws and Regulations
A1.1 Contractor shall abide by all applicable local, County, State and Federal laws, regulations, rules and orders (collectively, “Regulations”), current and hereinafter enacted, applicable to the goods and/or services to be provided hereunder and pertaining to the Community Development Block Grant (CDBG) Program including, but not limited to, those listed in this Attachment 1 – Additional Terms and Conditions, including facility and professional licensing and/or certification laws.

A1.2 Contractor shall 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. Contractor’s failure to comply with any applicable Regulations shall constitute a material breach of this purchase order.

A1.3 The obligations undertaken by Contractor include, but are not limited to, the obligation to comply with the current and most up-to-date version of each of the laws and regulations listed in this Attachment 1 – Additional Terms and Conditions. (a) Contractor shall undertake the same obligations to the County with respect to the Contractor’s Proposal (“Project”) that the County has undertaken to HUD as set forth in the:
(1) County’s Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan (“Annual Plan”)
 Certifications of Compliance (‘Certifications”)
Contractor shall comply with the following:

A2. Uniform Administrative Requirements
2 CFR Parts 200 and 2400-2429 entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
A3. Lead-Based Paint Hazards
The Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER 566832 __________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
ATTACHMENT 1– ADDITIONAL TERMS AND CONDITIONS
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA #14.218
ATTACHMENT 1 –ADDITIONAL TERMS AND CONDITIONS 2
Reduction Act of 1992, and implementing regulations at Part 35; A4. DRUG-FREE WORKPLACE ACT
The Drug-Free Workplace Act of 1988 (41 U.S.C. 701, et seq.) and implementing regulations at 2 CFR 2429.

A5. EQUAL OPPORTUNITY AND NON-DISCRIMINATION REQUIREMENTS Contractor shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, or physical, mental disability, political affiliation and marital status in accordance with 24 CFR 5.105(a) including Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e, et seq.); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 U.S.C. § 3601, et seq.); Section 109 of the Housing and Community Development Act of 1974; (42 U.S.C. § 5309, et seq.); Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; and, pursuant to the Cooperative Agreement, all obligations and actions necessary to participate and comply with the 2015-2020 San Diego Regional Analysis of Impediments to Fair Housing Choice; A6. ENVIRONMENTAL REQUIREMENTS
The regulations in 24 CFR Part 58 specifying other provisions of the law that further the purposes of the National Environmental Policy Act of 1969 and the procedures by which grantees must fulfill their environmental responsibilities.

A7. GENERAL PROVISIONS
A7.1 The Housing and Community Development Act of 1974 (42 U.S.C. §5301, et seq.); A7.2 Title 24 of the Code of Federal Regulations, Part 570 (the HUD regulations concerning CDBG) including subpart K of these regulations, except that: 1) Contractor does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and 2) Contractor does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52.

A7.3 Program Income requirements as described in 24 CFR 570.504(c), which require Contractor to return any program income earned by Contractor in carrying out the activities of this Agreement to the County;
A7.4 24 CFR 570.505 concerning use of real property
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER 566832 __________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
ATTACHMENT 1– ADDITIONAL TERMS AND CONDITIONS
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA #14.218
ATTACHMENT 1 –ADDITIONAL TERMS AND CONDITIONS 3
A7.5 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, 42 U.S.C. §4601, et seq., and regulations adopted to implement that Act in 49 CFR Part 24;
A7.6 Laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (54 U.S.C. §100101 et seq.); the Historical and Archaeological Preservation Act of 1974 (16 U.S.C. 469-469c); and Executive Order 11593; A7.7 The Hatch Act relating to the conduct of political activities (5 U.S.C. §1501, et seq.); A7.8 The Flood Disaster Protection Act of 1973 (42 U.S.C. §4001, et seq. and the implementing regulations in 44 CFR Parts 59-78);
A7.9 The Rehabilitation Act of 1973 (29 U.S.C. §701, et seq.) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD Regulations set forth in 24 CFR Part 8;
A7.10 The Clean Air Act (42 U.S.C. §7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251, et seq.) and the regulations adopted pursuant thereto (40 CFR Part 6);
A7.11 Executive Order 13166 relating to “Improving Access to Services by Persons with Limited English Proficiency (“LEP”);
A7.12 The Architectural Barriers Act of 1968 (42 U.S.C. §4151, et seq.).

A8. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT, (FFATA) The Contractor shall comply with the provisions of FFATA, which includes requirements on executive compensation, and also requirements implementing the Act for the non-Federal entity at 2 CFR part 25 Financial Assistance Use of Universal Identifier and System for Award Management and 2 CFR part 170 Reporting Subaward and Executive Compensation Information.

A9. USE OF PROPERTY-SUCCESSORS IN INTEREST
Title to real or personal property acquired with contracted funds shall vest in Contractor. Such property shall be used for the purposes of carrying out the provisions of this Agreement as required by 24 CFR §570.502, §570.503(b)(7) and §570.505. This clause shall continue to apply to any entity with which Contractor may be merged or consolidated or which otherwise succeeds to Contractor’s interest in the property.

A10. CERTIFICATION OF NO FINANCIAL INTEREST
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER 566832 __________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
ATTACHMENT 1– ADDITIONAL TERMS AND CONDITIONS
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA #14.218
ATTACHMENT 1 –ADDITIONAL TERMS AND CONDITIONS 4
Contractor certifies that no member, officer or employee of the Contractor, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any financial interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification.

A11. DEBARMENT AND SUSPENSION
Subrecipient must not make any award or contract with any organization which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, ''Debarment and Suspension.'' Prior to award of any contract or subcontract, Subrecipient shall provide the County with proof of compliance, to include exclusion records from the System for Award Management (SAM). See Article 8.16.3 for additional information. Article 8.16.3 supersedes Exhibit A – Statement of Work, Attachment 1 – Additional Terms and Conditions.

DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER 566832 __________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS EXHIBIT A – STATEMENT OF WORK
ATTACHMENT 2 – SAMPLE INCOME DATA FORM FOR CDBG FUNDED PROJECTS

QUALIFYING ON THE BASIS OF LIMITED CLIENTELE
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA #14.218
ATTACHMENT 2 – SAMPLE INCOME DATA FORM FOR CDBG FUNDED PROJECTS QUALIFYING ON THE BASIS OF LIMITED CLIENTELE 1

COUNTY OF SAN DIEGO HEALTH AND HUMAN SERVICES AGENCY

HOUSING AND COMMUNITY DEVELOPMENT SERVICES
Your cooperation in filling out this form is requested. Record keeping on income of participants in the ________________ program is a condition of receipt of federal funds for the program. The information provided on this form will remain confidential but may be verified by responsible local and federal agencies. Self-identification of race and ethnicity is voluntary.

1. Please check the total number of people, including you, residing in your household, and on the same row, please check your combined gross annual income for you and all the members of your household:
(NOTE: The above information is for 2022 and changes each calendar year. To obtain updated information go to and search for income limits for the San Diego area.)
*2022 Area Median Income (AMI) for San Diego is $106,900.

2. Please check the box below that best describes your family.

RACE CATEGORIES HISPANIC

ETHNICITY
Check One Race Category Only Check Only If Also
Hispanic
White
Black/African American
Asian
American Indian/Alaska Native
Native Hawaiian/Other Pacific Islander
American Indian/Alaska Native AND White
Asian AND White
Asian AND Pacific Islander
Black/African American AND White
American Indian/Alaska Native AND Black/African American Other/Multi-Racial (Explain)
Name:
(Print)
Household Address:

Telephone Number:

Signature:

Note: Name, address, telephone and signature are optional. A unique identifier may be used to trace client served to meet CDBG limited clientele requirement.

Household
Members
80% AMI* 50% AMI* 30% of AMI*
1 45,551-72,900 27,351-45,550 27,350
2 52,051-83,300 27,251-52,050 31,250
3 58,551-93,700 35,151-58,550 35,150
4 65,051-104,100 39,051-65,050 39,050
5 70,301-112,450 42,201-70,300 42,200
6 75,501-120,800 45,301-75,500 45,300
7 80,701-129,100 48,451-80,700 48,450
8 85,901-137,450 51,551-85,900 51,550
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 EXHIBIT A-1- CONTRACTOR’S PROPOSAL

SEE ATTACHED APPLICATION
(Attachments to Application that are not included are located at HCDS) DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 COUNTY CONTRACT NUMBER 566832__________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT C - PAYMENT SCHEDULE
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA #14.218
EXHIBIT C - PAYMENT SCHEDULE 1
COMPENSATION SCHEDULE:

County shall pay Contractor monthly progress payments upon submittal by Contractor of a certified statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Agreement. The balance due shall be paid upon certification by Contractor that all of the required services have been completed. Payment by County is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof.

The 10% retention will not apply to acquisition or service contracts.

EXPENDITURE STANDARD:

To ensure effective administration and performance of approved CDBG projects and to meet HUD performance standards, Contractor shall demonstrate reasonable progress on implementation of the Project by expending all contracted funds pursuant to agreement terms within twelve (12) months from the Effective Date of the agreement. In the event that all funds are not expended within twelve months, the County shall notify the Contractor of the expenditure deficiency. Contractor will have a total of sixty (60) calendar days from the date of the County’s written notification to correct the deficiency. If the deficiency is not corrected within that time, the County may recapture and reallocate such unexpended funds at its sole discretion. The recaptured funds shall be made available for reprograming to other eligible activities as deemed appropriate by the County, as Grantee for the Urban County.

BUDGET

ITEM FISCAL YEAR CONTRACT MAXIMUM
AMOUNT
(Not to Exceed)
Sub-Contract with Community
Resource Center
2021-2022 $29,715.00
Sub-Contract with Community
Resource Center
2022-2023 $31,150.00
TOTAL $60,865.00
DocuSign Envelope ID: 8B835749-6A89-471C-925D-3A1631A3EED4 Contract 566832, Modification #1 Page 1 of 2 Amendment Template: rev 10/8/2021 v1.0 COUNTY OF SAN DIEGO – HEALTH AND HUMAN SERVICES AGENCY

HOUSING AND COMMUNITY DEVELOPMENT SERVICES

AMENDMENT
CONTRACT 566832, MODIFICATION #1
Effective Date: Date Signed by Health and Human Services Agency Director Contractor: City of Solana Beach
Agreement Title: Food Distribution for Low-Income Solana Beach Residents Contractor and County of San Diego (“County”) enter into this amendment (“Amendment”) to modify the above-referenced contract (“Agreement”) as described herein.

1. Agreement Terms and Work:

1.1. Update Statement of Work, Section 3.2.3. to the following:

1.1.1. Contractor shall ensure approximately forty-eight (48) low-income households are provided healthy food by this program.

1.2. Update Statement of Work, Section 3.2.4. to the following:

1.2.1. Contractor shall facilitate 500 visits by Solana Beach residents to its Food and Nutrition Center for food security and support.

1.3. Update Statement of Work, Section 3.2.6. to the following:

1.3.1. Contractor shall engage in a minimum of twenty (20) outreach engagements to promote the Food and Nutrition Center for Solana Beach residents.

1.4. Update Statement of Work, Section 5.2.1. to add the following sub-sections:

1.4.1. 5.2.1.1. Contractor shall expend 80% of CDBG-CV funding by August 12, 2023.

1.4.1.1. 5.2.1.1.1. Contractor shall ensure invoices are submitted by May 31, 2023 to ensure processing is complete prior to expenditure deadline.

1.5. Update Statement of Work, Section 5.2.2. to the following:

1.5.1. Estimated Budget: Contractor shall complete the work under this Agreement within budget. In no case shall Contractor be entitled to, nor shall County reimburse Contractor, for more than $60,865.00 for work performed under this Agreement.

1.6. Update Statement of Work, Section 6.3.1. to update reporting due dates to County to align with the fiscal year 2022-2023.

1.7. Update Statement of Work, Attachment 2 – Sample Income Data Form for CDBG Funded Projects to update Area Median Income from 2021 data to 2022 data.

2. Compensation: As a result of this Amendment, Contractor’s compensation is increased by an amount of $31,150.00, resulting in a new Maximum Agreement Amount of $60,865.00.

2.1. Revise Exhibit C – Payment Schedule to include revised budget per Amendment 1.

3. Term of Agreement: The contract time for completion remains unchanged.

All other terms and conditions remain in effect.

IN WITNESS WHEREOF, County and Contractor have executed this Amendment effective as of the Effective Date set forth above. This Amendment is not valid unless signed by Contractor and County Contracting Officer. The person(s) signing this Agreement for Contractor represent(s) and warrant(s) that they are duly authorized to bind Contractor and have the legal capacity to execute and deliver this Agreement.

CONTRACTOR: COUNTY OF SAN DIEGO:

By:

GREG WADE, City Manager, City of Solana Beach
DATE
Department Review and Recommended Approval:

By:

FELIPE MURILLO, Program Coordinator, Housing and
Community Development Services
DATE
CONTRACTING OFFICER:

By:

NICK MACCHIONE, Director
Health and Human Services Agency
DATE
Contract 566832, Modification #1 Page 2 of 2 Amendment Template: rev 10/8/2021 v1.0 COUNTY CONTRACT NUMBER 566832__________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA # 14.218
EXHIBIT A- STATEMENT OF WORK 1

1. Scope of Work/ Purpose: Contractor shall provide a program to support food distribution services to low-income City of Solana Beach residents in accordance with the Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act), to prevent, prepare for, and respond to coronavirus. The Community Development Block Grant CARES (CDBG-CV) serves as a supplemental appropriation to the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program regulations. The CDBG Program is governed by Code of Federal Regulations (CFR) Title 24 Part 570.

2. Background Information: The CDBG Program was authorized under Title I of the Housing and Community Development Act of 1974 and provides funds annually to entitlement jurisdictions. CDBG funds are used for community development and affordable housing activities that benefit low-income households and persons with special needs. CDBG funds are used to develop viable communities by providing safe and affordable housing, suitable living environments, and expanded economic opportunities.

The County of San Diego receives CDBG funds for the “Urban County” which includes all of the County unincorporated area and the six participating cities of Coronado, Del Mar, Imperial Beach, Lemon Grove, Poway, and Solana Beach. These cities are below the population threshold for entitlement status and have joined with the County to receive funds through a Cooperation Agreement.

Live Well San Diego Vision: The County of San Diego, Health and Human Service Agency (HHSA), supports the Live Well San Diego vision of Building Better Health, Living Safely, and Thriving. Live Well San Diego, developed by the County of San Diego, is a comprehensive, innovative regional vision that combines the efforts of partners inside and outside County government to help all residents be healthy, safe, and thriving. All HHSA partners and contractors, to the extent feasible, are expected to advance this vision. Building Better Health focuses on improving the health of residents and supporting healthy choices. Living Safely seeks to ensure residents are protected from crime and abuse, neighborhoods are safe, and communities are resilient to disasters and emergencies. Thriving focuses on promoting a region in which residents can enjoy the highest quality of life.

Information about Live Well San Diego can be found on the County’s website and a website dedicated to the vision:
http://www.sdcounty.ca.gov/hhsa/programs/sd/live_well_san_diego/index.html http://www.LiveWellSD.org
A TRAUMA-INFORMED SYSTEM: The County of San Diego Health and Human Services Agency (HHSA) is committed to becoming a Trauma-Informed System as part of its effort to build a better service delivery system. All programs operated and supported by HHSA shall be part of a TraumaInformed System, which includes providing trauma-informed services and maintaining a traumainformed workforce. It is an approach for engaging individuals – staff, clients, partners, and the community – and recognizing that trauma and chronic stress influence coping strategies and behavior.

Trauma-informed systems and services minimize the risk of re-traumatizing individuals and/or families, and promote safety, self-care, and resiliency.

Trauma-Informed Principles include:

COUNTY CONTRACT NUMBER 566832__________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA # 14.218
EXHIBIT A- STATEMENT OF WORK 2
• Understanding trauma and its impact to individuals;
• Promoting safety;
• Awareness of cultural, historical, disability, and gender issues, and ensuring competence and responsiveness;
• Supporting consumer empowerment, control, choice, and independence; • Sharing power and governance (e.g. including clients and staff at all levels in the development and review of policies and procedures);
• Demonstrating trustworthiness and transparency;
• Integrating services along the continuum of care;
• Believing that establishing safe, authentic, and positive relationships can be healing; • Understanding that wellness is possible for everyone.

3. Goals and Deliverables/Outcomes

3.1. Goals: Contractor shall accomplish the project described herein to meet the goal of reducing food insecurity to low-income households of the City of Solana Beach as a result of experiencing financial hardship exacerbated by the COVID-19 pandemic.

3.1.1. This project shall meet the following HUD, CDBG, and Consolidated Plan goals:

ELIGIBILITY CITATION: 24 CFR 570.201(e) Public Services NATIONAL OBJECTIVE: Low-Moderate Income limited clientele benefit– Homeless and Persons affected
by COVID-19 (24 CFR 570.208
(a)(2)(i)(A))
CONSOLIDATED PLAN GOAL: Prevent and end homelessness through accessible housing and supportive
services.

3.2. Deliverables/Outcomes: Contractor shall use CDBG-CV funding to partner with Community Resource Center, a non-profit community-based public service organization, to administer the program.

3.2.1. Contractor shall provide support staff to administer this project.

3.2.2. Contractor shall ensure the appropriate personnel are utilized this project:

3.2.3. Program Manager

3.2.4. Food Rescue Truck Drivers

3.2.3. Contractor shall ensure approximately forty-eigjht (48) low-income households are provided healthy food by this program.

COUNTY CONTRACT NUMBER 566832__________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA # 14.218
EXHIBIT A- STATEMENT OF WORK 3

3.2.4. Contractor shall facilitate 500 visits by Solana Beach residents to its Food and Nutrition Center for food security and support.

3.2.5. Contractor shall offer transportation assistance to 100% of Solana Beach participants to access the Food and Nutrition Center.

3.2.6. Contractor shall engage in a minimum of 20 outreach engagements to promote the Food and Nutrition Center for Solana Beach residents.

4. Target Population and Geographical/Regional Service Area

4.1. Target Population: Contractor’s project shall predominately benefit low-income persons experiencing a financial hardship due to the COVID-19 pandemic.

4.2. Geographical/Regional Service Area: Contractor shall provide the service(s) listed in this agreement in the following geographical/regional service area(s) or at the following location(s):

4.2.1. City of Solana Beach, California, 92075.

5. General and Specific Requirements

5.1. General: All activities performed under the agreement are subject to review and approval by the County of San Diego, Health and Human Services Agency, Housing and Community Development Services (HCDS), and HUD.

5.2. Specific:

5.2.1. Estimated Time Schedule: Contractor shall implement this project in compliance with the following estimated completion date, or earlier: Within 12 months from the Notice to Proceed. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of CDBG funds or other CDBG assets, including program income.

5.2.1.1. Contractor shall expend 80% of CDBG-CV funding by August 12, 2023.

5.2.1.1.1. Contractor shall ensure invoices are submitted by May 31, 2023 to ensure processing is complete prior to expenditure deadline.

5.2.2. Estimated Budget: Contractor shall complete the work under this Agreement within the following estimated budget. In no case shall Contractor be entitled to, nor shall County reimburse Contractor, for more than $60,865.00 for work performed under this Agreement.

5.2.3 Acknowledgement of Funding: Contractor shall identify the County of San Diego as the source of funding, or, if applicable, one of the sources of funding in public announcements that are made regarding the project. Acknowledgement of the County's funding role, for example, should be included in publicity materials related to the project. In addition, COUNTY CONTRACT NUMBER 566832__________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA # 14.218
EXHIBIT A- STATEMENT OF WORK 4
Contractor agrees that the County shall be apprised of any special events linked to the project so that a review can be made on what role, if any, the County would assume.

5.2.4. Contractor shall ensure any person or persons receiving CDBG-CV assistance (including subrecipients and direct beneficiaries) shall agree to repay assistance that is deemed to be duplicative.

6. Data Collection and Reporting Requirements

6.1. Data Collection: Contractor is responsible for collecting, maintaining and reporting income and ethnicity information for all persons/households served by the program.

6.1.1. Contractor shall document all clients served to ensure that at least fifty-one percent (51%) of those served are at or below 80 percent of the Area Median Income as established by the U.S. Department of Housing and Urban Development (HUD).

A case worker will interview to confirm. This information is to be collected, compiled and submitted to the County of San Diego on a quarterly basis and at the end of each fiscal year (June 30th) for five (5) years. In addition, proof of supporting income verification documentation (third party verifications or source documents provided by beneficiaries) shall be submitted to the County’s Housing and Community Development Services upon receipt of a written request and at the time of any monitoring of project records. Housing and Community Development Services will sample, monitor and validate the accuracy of the beneficiary certification reports (refer to format approved by County on Statement of Work, Attachment 2).

6.2. Quarterly Reports: Contractor shall provide the County with a quarterly report, submitted no later than 30 days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the Contract, and an itemized accounting of the expenditures of CDBG funds during the previous quarter. Failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the report has been submitted.

6.2.1. Report due dates: October 30, January 30, and April 30.

6.3. Additional Reporting Requirements: Contractor shall submit to County in a timely manner other reports as requested/required by HUD and/or the County including, but not limited to the Contractor/Subcontractor: Semi-Annual Labor Standards Enforcement Reports, Annual Minority Business Enterprise Activity Reports, Section 3 Reports and provide, as requested by HUD and/or the County, information necessary to prepare the Grantee Consolidated Annual Performance and Evaluation Report (CAPER), Consolidated Plan, Annual Plan and other such reports and/or plans.

6.3.1. Report due dates are as follows:

Report Reporting Period(s) Due to County
COUNTY CONTRACT NUMBER 566832__________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA # 14.218
EXHIBIT A- STATEMENT OF WORK 5
Semi-Annual Labor Standards
Enforcement Report- Form
4710 (if applicable)
October 1st to March 31st
April 1st to September 30th
October 3, 2022
April 3, 2023
Minority Business Enterprise
Activity Report- Form 2516 (if
applicable)
October 1st - September 30th October 10, 2023
Section 3 Report (if applicable) July 1st - June 30th July 10, 2023 CAPER Form(s) July 1st - June 30th July 10, 2023

6.3.2. Contractor may be requested to provide additional data to the County in response to a county, state, or federal inquiry request. If this situation should arise, Contractor shall provide the County with the requested data.

6.3.3. Contractor shall document income eligibility and demographic information for each client served. Attachment 2, of the Statement of Work, provides a sample collection form for income/demographic information.

COUNTY CONTRACT NUMBER 566832 __________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
ATTACHMENT 1– ADDITIONAL TERMS AND CONDITIONS
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA #14.218
ATTACHMENT 1 –ADDITIONAL TERMS AND CONDITIONS 1
In the event that any provision of the Agreement or its Exhibits, conflicts with any other term or condition, the Contractor shall abide by the stricter requirement as set forth by the County, State or Federal governmental agency.

A1. Compliance with Laws and Regulations
A1.1 Contractor shall abide by all applicable local, County, State and Federal laws, regulations, rules and orders (collectively, “Regulations”), current and hereinafter enacted, applicable to the goods and/or services to be provided hereunder and pertaining to the Community Development Block Grant (CDBG) Program including, but not limited to, those listed in this Attachment 1 – Additional Terms and Conditions, including facility and professional licensing and/or certification laws.

A1.2 Contractor shall 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. Contractor’s failure to comply with any applicable Regulations shall constitute a material breach of this purchase order.

A1.3 The obligations undertaken by Contractor include, but are not limited to, the obligation to comply with the current and most up-to-date version of each of the laws and regulations listed in this Attachment 1 – Additional Terms and Conditions. (a) Contractor shall undertake the same obligations to the County with respect to the Contractor’s Proposal (“Project”) that the County has undertaken to HUD as set forth in the:
(1) County’s Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan (“Annual Plan”)
 Certifications of Compliance (‘Certifications”)
Contractor shall comply with the following:

A2. Uniform Administrative Requirements
2 CFR Parts 200 and 2400-2429 entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
A3. Lead-Based Paint Hazards
The Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard COUNTY CONTRACT NUMBER 566832 __________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
ATTACHMENT 1– ADDITIONAL TERMS AND CONDITIONS
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA #14.218
ATTACHMENT 1 –ADDITIONAL TERMS AND CONDITIONS 2
Reduction Act of 1992, and implementing regulations at Part 35; A4. DRUG-FREE WORKPLACE ACT
The Drug-Free Workplace Act of 1988 (41 U.S.C. 701, et seq.) and implementing regulations at 2 CFR 2429.

A5. EQUAL OPPORTUNITY AND NON-DISCRIMINATION REQUIREMENTS Contractor shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, nation origin, creed, religion, age, sex, or physical, mental disability, political affiliation and marital status in accordance with 24 CFR 5.105(a) including Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e, et seq.); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 U.S.C. § 3601, et seq.); Section 109 of the Housing and Community Development Act of 1974; (42 U.S.C. § 5309, et seq.); Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; and, pursuant to the Cooperative Agreement, all obligations and actions necessary to participate and comply with the 2015-2020 San Diego Regional Analysis of Impediments to Fair Housing Choice; A6. ENVIRONMENTAL REQUIREMENTS
The regulations in 24 CFR Part 58 specifying other provisions of the law that further the purposes of the National Environmental Policy Act of 1969 and the procedures by which grantees must fulfill their environmental responsibilities.

A7. GENERAL PROVISIONS
A7.1 The Housing and Community Development Act of 1974 (42 U.S.C. §5301, et seq.); A7.2 Title 24 of the Code of Federal Regulations, Part 570 (the HUD regulations concerning CDBG) including subpart K of these regulations, except that: 1) Contractor does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and 2) Contractor does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52.

A7.3 Program Income requirements as described in 24 CFR 570.504(c), which require Contractor to return any program income earned by Contractor in carrying out the activities of this Agreement to the County;
A7.4 24 CFR 570.505 concerning use of real property
COUNTY CONTRACT NUMBER 566832 __________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
ATTACHMENT 1– ADDITIONAL TERMS AND CONDITIONS
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA #14.218
ATTACHMENT 1 –ADDITIONAL TERMS AND CONDITIONS 3
A7.5 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, 42 U.S.C. §4601, et seq., and regulations adopted to implement that Act in 49 CFR Part 24;
A7.6 Laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (54 U.S.C. §100101 et seq.); the Historical and Archaeological Preservation Act of 1974 (16 U.S.C. 469-469c); and Executive Order 11593; A7.7 The Hatch Act relating to the conduct of political activities (5 U.S.C. §1501, et seq.); A7.8 The Flood Disaster Protection Act of 1973 (42 U.S.C. §4001, et seq. and the implementing regulations in 44 CFR Parts 59-78);
A7.9 The Rehabilitation Act of 1973 (29 U.S.C. §701, et seq.) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD Regulations set forth in 24 CFR Part 8;
A7.10 The Clean Air Act (42 U.S.C. §7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251, et seq.) and the regulations adopted pursuant thereto (40 CFR Part 6);
A7.11 Executive Order 13166 relating to “Improving Access to Services by Persons with Limited English Proficiency (“LEP”);
A7.12 The Architectural Barriers Act of 1968 (42 U.S.C. §4151, et seq.).

A8. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT, (FFATA) The Contractor shall comply with the provisions of FFATA, which includes requirements on executive compensation, and also requirements implementing the Act for the non-Federal entity at 2 CFR part 25 Financial Assistance Use of Universal Identifier and System for Award Management and 2 CFR part 170 Reporting Subaward and Executive Compensation Information.

A9. USE OF PROPERTY-SUCCESSORS IN INTEREST
Title to real or personal property acquired with contracted funds shall vest in Contractor. Such property shall be used for the purposes of carrying out the provisions of this Agreement as required by 24 CFR §570.502, §570.503(b)(7) and §570.505. This clause shall continue to apply to any entity with which Contractor may be merged or consolidated or which otherwise succeeds to Contractor’s interest in the property.

A10. CERTIFICATION OF NO FINANCIAL INTEREST
COUNTY CONTRACT NUMBER 566832 __________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT A- STATEMENT OF WORK
ATTACHMENT 1– ADDITIONAL TERMS AND CONDITIONS
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA #14.218
ATTACHMENT 1 –ADDITIONAL TERMS AND CONDITIONS 4
Contractor certifies that no member, officer or employee of the Contractor, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any financial interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification.

A11. DEBARMENT AND SUSPENSION
Subrecipient must not make any award or contract with any organization which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, ''Debarment and Suspension.'' Prior to award of any contract or subcontract, Subrecipient shall provide the County with proof of compliance, to include exclusion records from the System for Award Management (SAM). See Article 8.16.3 for additional information. Article 8.16.3 supersedes Exhibit A – Statement of Work, Attachment 1 – Additional Terms and Conditions.

COUNTY CONTRACT NUMBER 566832 __________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS EXHIBIT A – STATEMENT OF WORK
ATTACHMENT 2 – SAMPLE INCOME DATA FORM FOR CDBG FUNDED PROJECTS

QUALIFYING ON THE BASIS OF LIMITED CLIENTELE
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA #14.218
ATTACHMENT 2 – SAMPLE INCOME DATA FORM FOR CDBG FUNDED PROJECTS QUALIFYING ON THE BASIS OF LIMITED CLIENTELE 1

COUNTY OF SAN DIEGO HEALTH AND HUMAN SERVICES AGENCY

HOUSING AND COMMUNITY DEVELOPMENT SERVICES
Your cooperation in filling out this form is requested. Record keeping on income of participants in the ________________ program is a condition of receipt of federal funds for the program. The information provided on this form will remain confidential but may be verified by responsible local and federal agencies. Self-identification of race and ethnicity is voluntary.

1. Please check the total number of people, including you, residing in your household, and on the same row, please check your combined gross annual income for you and all the members of your household:
(NOTE: The above information is for 2022 and changes each calendar year. To obtain updated information go to and search for income limits for the San Diego area.)
*2022 Area Median Income (AMI) for San Diego is $106,900.

2. Please check the box below that best describes your family.

RACE CATEGORIES HISPANIC

ETHNICITY
Check One Race Category Only Check Only If Also
Hispanic
White
Black/African American
Asian
American Indian/Alaska Native
Native Hawaiian/Other Pacific Islander
American Indian/Alaska Native AND White
Asian AND White
Asian AND Pacific Islander
Black/African American AND White
American Indian/Alaska Native AND Black/African American Other/Multi-Racial (Explain)
Name:
(Print)
Household Address:

Telephone Number:

Signature:

Note: Name, address, telephone and signature are optional. A unique identifier may be used to trace client served to meet CDBG limited clientele requirement.

Household
Members
80% AMI* 50% AMI* 30% of AMI*
1 45,551-72,900 27,351-45,550 27,350
2 52,051-83,300 27,251-52,050 31,250
3 58,551-93,700 35,151-58,550 35,150
4 65,051-104,100 39,051-65,050 39,050
5 70,301-112,450 42,201-70,300 42,200
6 75,501-120,800 45,301-75,500 45,300
7 80,701-129,100 48,451-80,700 48,450
8 85,901-137,450 51,551-85,900 51,550
EXHIBIT A-1- CONTRACTOR’S PROPOSAL

SEE ATTACHED APPLICATION
(Attachments to Application that are not included are located at HCDS) COUNTY CONTRACT NUMBER 566832__________

AGREEMENT WITH CITY OF SOLANA BEACH FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

FOOD DISTRIBUTION FOR LOW-INCOME SOLANA BEACH RESIDENTS

EXHIBIT C - PAYMENT SCHEDULE
AMENDMENT – MODIFICATION 1
HUD # 3226 CFDA #14.218
EXHIBIT C - PAYMENT SCHEDULE 1
COMPENSATION SCHEDULE:

County shall pay Contractor monthly progress payments upon submittal by Contractor of a certified statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Agreement. The balance due shall be paid upon certification by Contractor that all of the required services have been completed. Payment by County is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof.

The 10% retention will not apply to acquisition or service contracts.

EXPENDITURE STANDARD:

To ensure effective administration and performance of approved CDBG projects and to meet HUD performance standards, Contractor shall demonstrate reasonable progress on implementation of the Project by expending all contracted funds pursuant to agreement terms within twelve (12) months from the Effective Date of the agreement. In the event that all funds are not expended within twelve months, the County shall notify the Contractor of the expenditure deficiency. Contractor will have a total of sixty (60) calendar days from the date of the County’s written notification to correct the deficiency. If the deficiency is not corrected within that time, the County may recapture and reallocate such unexpended funds at its sole discretion. The recaptured funds shall be made available for reprograming to other eligible activities as deemed appropriate by the County, as Grantee for the Urban County.

BUDGET

ITEM FISCAL YEAR CONTRACT MAXIMUM
AMOUNT
(Not to Exceed)
Sub-Contract with Community
Resource Center
2021-2022 $29,715.00
Sub-Contract with Community
Resource Center
2022-2023 $31,150.00
TOTAL $60,865.00
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 11, 2023
ORIGINATING DEPT: Engineering Department
SUBJECT: City Council Consideration of Resolution 2023-005 Authorizing the City Manager to Purchase Playground
Equipment for the Fletcher Cove Tot Lot
BACKGROUND:

The current play structure at the Fletcher Cove Tot Lot was installed in 2007 as part of construction of the new park and endures a high level of coastal weather elements and significant daily usage. A Professional Services Agreement (PSA) with Van Dyke Landscape Architects (VDLA) was executed in March 2021 for its replacement. Since that time, VDLA has been working on the design of the Tot Lots at La Colonia Park and Fletcher Cove Park.

A community workshop was held in September 2021 and a Special City Council Meeting/Community Workshop was held in May 2022 to obtain input from the community for both Tot Lots. VDLA has used the feedback obtained from the community workshops and updates to the City Council in July 2022 and September 2022 to revise the preliminary design of the two Tot Lots.

The Fletcher Cove Tot Lot is smaller in size as compared to the La Colonia Tot Lot and can be completed quicker because the footprint of the new Tot Lot will not be expanded.

Therefore, it was decided to move forward separately with the final design and construction of the Fletcher Cove Tot Lot while the design for the La Colonia Tot Lot is completed.

This item is before the City Council for the consideration of Resolution 2023-005 (Attachment 1) that would authorize the City Manager to execute any and all agreements necessary for the purchase of the Fletcher Cove Tot Lot playground equipment from Landscape Structures, Inc. (LSI) or their approved equipment supplier.

January 11, 2023
Equipment Purchase for Fletcher Cove Tot Lot