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HomeMy WebLinkAboutDelcamp Preservation & Planning; 2024-03-13;Page 1 City Attorney Approved Version 12/22/2023 MASTER AGREEMENT FOR ON-CALL PLANNNING AND ENVIROMENTAL SERVICES DELCAMP PRESERVATION & PLANNING THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2024, by and between the City of Carlsbad, California, a municipal corporation, hereinafter referred to as "City", and Delcamp Preservation & Planning, a sole proprietorship, hereinafter referred to as "Contractor." RECITALS A.City requires the professional services of a consultant that is experienced in plan check functions for various projects, including building and grading permit applications for compliance with applicable zoning standards, regulations, policies, approved development plans, and conditions of approval . B.The professional services are required on a non-exclusive, project-by-project basis. C.Contractor has the necessary experience in providing professional services and advice related to plan check functions for various projects, including building and grading permit applications for compliance with applicable zoning standards, regulations, policies, approved development plans, and conditions of approval, as well as being experienced in preparing technical planning staff reports. D.Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. Contractor’s obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective from the date first above written to _____________, 2025. The Community Development Department Director may amend the Agreement to extend it for one (1) additional one (1) year(s) periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor’s performance, City needs, and appropriation of funds by the City Council. The parties will pprepare a written amendment indicating the effective date and length of the extended Agreement. DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD 13th March, 13 March Page 2 City Attorney Approved Version 12/22/2023 4.PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) daysafter receipt of notification to proceed by City and be completed within the time specified in the TaskDescription for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager (“Director”). The City Manager or Director will give allowance fordocumented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresighton the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. 5.COMPENSATIONThe cumulative total for all projects allowed pursuant to this Agreement will not exceed thirty-five thousand dollars ($35,000) per Agreement year. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. Fees will be paid on a project-by-project basis and will be based on Contractor’s Schedule of Rates specified in Exhibit “A”. Prior toinitiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Planner or Community Development Director, will be considered a part of this Agreement. The Task Description willinclude a detailed scope of services for the particular project being considered and a statement ofContractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6.STATUS OF CONTRACTORContractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control ofCity only as to the result to be accomplished but will consult with City as necessary. The persons used byContractor to provide services under this Agreement will not be considered employees of City for anypurposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees, or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts andomissions of Contractor's subcontractor and of the persons either directly or indirectly employed by thesubcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bindevery subcontractor and every subcontractor of a subcontractor by the terms of this Agreementapplicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD Page 3 City Attorney Approved Version 12/22/2023 8.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the Cityand its officers, elected and appointed officials, employees and volunteers from and against all claims,damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any ofthem may be liable. The parties expressly agree that any payment, attorney’s fee, costs, or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10.INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives,employees, or subcontractors. The insurance will be obtained from an insurance carrier admitted andauthorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”;OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC)latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD Page 4 City Attorney Approved Version 12/22/2023 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete, and certified copies of any or all required insurance policies and endorsements. 11.BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12.ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13.OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement will be delivered DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD Page 5 City Attorney Approved Version 12/22/2023 at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14.COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Cliff Jones Name Teri Delcamp Title Principal Planner Title Project Manager/ Owner Dept Community Development Address 2647 Gateway Road, Suite 105 #228 CITY OF CARLSBAD Carlsbad, CA 92009 Address 1635 Faraday Ave Phone 760-845-6905 Carlsbad, CA 92008 Email teri@delcamp-preservation.com Phone (442) 339-2613 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16.GENERAL COMPLIANCE WITH LAWSContractor will keep fully informed of federal, state and local laws and ordinances and regulations whichin any manner affect those employed by Contractor, or in any way affect the performance of the Servicesby Contractor. Contractor will at all times observe and comply with these laws, ordinances, andregulations and will be responsible for the compliance of Contractor's services with all applicable laws,ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 17.CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 18.DISCRIMINATION AND HARASSMENT PROHIBITEDContractor will comply with all applicable local, state and federal laws and regulations prohibitingdiscrimination and harassment. 19.DISPUTE RESOLUTIONIf a dispute should arise regarding the performance of the Services the following procedure will be usedto resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD Page 6 City Attorney Approved Version 12/22/2023 Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20.TERMINATIONIn the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminatethis Agreement for nonperformance by notifying Contractor by certified mail of the termination. If Citydecides to abandon or indefinitely postpone the work or services contemplated by this Agreement, Citymay terminate this Agreement upon written notice to Contractor. Upon notification of termination,Contractor has five (5) business days to deliver any documents owned by City and all work in progress toCity at the address contained in this Agreement. City will make a determination of fact based upon thework product delivered to City and of the percentage of work that Contractor has performed which isusable and of worth to City in having the Agreement completed. Based upon that finding City willdetermine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21.COVENANTS AGAINST CONTINGENT FEESContractor warrants that Contractor has not employed or retained any company or person, other than abona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor hasnot paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the awardor making of this Agreement. For breach or violation of this warranty, City will have the right to annul thisAgreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, orotherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingentfee. 22.CLAIMS AND LAWSUITSBy signing this Agreement, Contractor agrees that any Agreement claim submitted to City must beasserted as part of the Agreement process as set forth in this Agreement and not in anticipation oflitigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted toCity, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractoracknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to thisAgreement and, provides for civil penalties where a person knowingly submits a false claim to a publicentity. These provisions include false claims made with deliberate ignorance of the false information or inreckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to theFalse Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractoracknowledges that the filing of a false claim may subject Contractor to an administrative debarmentproceeding as the result of which Contractor may be prevented to act as a Contractor on any public workor improvement for a period of up to five (5) years. Contractor acknowledges debarment by anotherjurisdiction is grounds for City to terminate this Agreement. DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD Page 7 City Attorney Approved Version 12/22/2023 23.JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25.ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD Page 8 City Attorney Approved Version 12/22/2023 26.AUTHORITYThe individuals executing this Agreement and the instruments referenced in it on behalf of Contractoreach represent and warrant that they have the legal power, right and actual authority to bind Contractorto the terms and conditions of this Agreement. Executed by Contractor this___________ day of _______________________, 20____. DELCAMP PRESERVATION & PLANNING., a sole proprietorship CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) JEFF MURPHY Community Development Director Teri Delcamp – Owner (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: TAMARA R. MCMINN Senior Deputy City Clerk (print name/title) Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy / Assistant City Attorney February15 24 DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD Page 9 City Attorney Approved Version 12/22/2023 EXHIBIT A SCOPE OF SERVICES AND FEE SCHEDULE 1.Serve as staff liaison to the Historic Preservation Commission. DP&P would be responsible to perform any or all of the following (conducted in consultation with city staff): a. Coordinate with the Commission and administrative support staff on a regular basis. b.Prepare meeting agendas and staff reports. c.Oversee meeting packet distribution and prepare any needed presentation materials. d.Act as the staff liaison at Commission meetings and make presentations; oversee minutes preparation. e.Support the Commission’s work program items including the updated website, ensuring the Mills Act is advancing preservation of properties, history education efforts including school programs, plaques and oral histories, and forwarding recommendations and information ono referral to the City Council. Alternatively, DP&P is prepared to take on initial steps in the “on-deck” work program item to summarize the steps required to obtain Certified Local Government (CLG) status by the California Office of Historic Preservation (OHP) for a recommendation to the City Council and begin preparation of the CLG application as a precursor to submitting a CLG grant application. f.Other related duties to support the Commission. 2.In addition to the above task or as a stand-alone separate task, DP&P would perform tasks related to supporting the Mills Act program. These tasks would include any or all of the following: notify community of upcoming application period; respond to owner inquiries; conduct pre-application meetings with prospective applicants; conduct peer reviews of historic designation applications as well as contract work program reports for consistency with historic standards and guidelines; perform pre-contract and ongoing post-approval inspections; process submitted Mills Act applications and prepared draft contracts for recommendation and final action by the Historic Preservation Commission and City Council, respectively; ensure timely processing and recordation of the contracts with the County; forward recorded contracts and approvals log to the County Assessor and OHP; and any other related actions to support the program. Our understanding is that the Mills Act Contracts are an application type in EnerGov, so part of our responsibility would include updating workflows. 3.In addition to the above tasks, DP&P is available to manage project reviews for changes to historic resources to ensure consistency with the Secretary of the Interior’s Standards and city code requirements. All of the necessary steps in these reviews would be performed by Ms. Delcamp, including communication with applicants; conducting site visits; coordinating with the Building Division on Historic Building Code consistency; preparing review letters and CEQA documentation; creating notices, staff reports and presentations; and presenting to the Commission and City Council in the event of an appeal. Applicable internal and external time frames would be met, and workflows would be regularly updated in EnerGov. DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD Page 10 City Attorney Approved Version 12/22/2023 Project Management Given DP&P will devote a single person to these services, we do not foresee any issues with coordination between Ms. Delcamp and the city. We will coordinate regularly with the Principal Planner as the contract officer and single point of contact, and any other personnel as directed by the city, via email, phone and/or virtual or in-person meetings. Open communication will ensure adherence to schedules and the ability to adjust with sufficient notice in the event dates or priorities change. DP&P has flexibility to schedule more or fewer hours devoted to projects and tasks as needed. Ms. Delcamp has a demonstrated record of completing projects and individual tasks on time and within budget. Project Controls DP&P utilizes various project management, spreadsheet and calendaring software tools to track hours, control costs and provide accurate and timely invoices. Regular communication with the city is key and will be undertaken. These measures ensure DP&P is able to monitor performance, stay within budget, meet review deadlines and adhere to schedules. Monthly invoices will be provided with a progress report attached to ensure DP&P is on track with tasks and budget. Quality Control/Quality Assurance (QA/QC) Ms. Delcamp holds herself to a very high standard of quality and accuracy in her work, which has been demonstrated throughout her career. As the Principal of DP&P, Ms. Delcamp performs quality control and quality assurance for the firm as she would with any subordinate employees or subcontractors. She will be efficient and responsive to address any review comments from city staff. No subordinate employees or subcontractors are included in this proposal. All work will be conducted by Ms. Delcamp and held to a high standard during the term of the agreement. SCHEDULE OF COMPENSATION AND FEES As noted, work under this proposal will ordinarily be billed at the Principal’s hourly rate. However, DP&P may agree to billing at lower personnel rates shown for particular tasks and duties if negotiated and included as part of the agreement’s final scope of work. DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD Page 11 City Attorney Approved Version 12/22/2023 SCHEDULE OF FEES Included Services Consulting services performed by DP&P generally include, but are not limited to, work in the office and the field, in-person and virtual meetings, public hearings, and travel time. If overtime is incurred, it may be charged at one and one-half times our standard rates. Direct Costs Direct costs incurred with the project are typically charged at cost, including airplane and train fares, parking, per die and lodging, mileage (at IRS rates), communications, reproduction, and office supplies. Additional outside costs are also typically charged at cost, including but not limited to procurement of any necessary third-party research/documentation, including but not limited to archival records, records search, chain of title, Assessor building records, and Phase I reports. Projects involving subconsultant fees will be charged at cost plus ten percent. Payment Invoices will be submitted monthly. Payment on invoices is due within thirty days of receipt. Professional Rates Current hourly rates for consulting services: Principal $180 Project Manager $160 Lead Preservation Planner $140 Senior Planner/Historian $130 Senior CEQA Planner $130 Planner/Historian $110 Project Technical/Administrative Support $50-75 Rates are subject to change on a yearly basis DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD RESOLUTION NO. 2023-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FISCAL YEAR 2022-23 BUDGET CARRYFORWARD REQUESTS AND. APPROPRIATION OF FUNDS TO FISCAL YEAR 2023-24 AND AUTHORIZING CAPITAL OUTLAY PURCHASES WHEREAS, the City Council of the City of Carlsbad, California established its General Fund Surplus Policy (City Council Policy No. 87} for the appropriation of surplus funds resulting from General Fund actual revenues exceeding total actual expenditures, plus any unspent and unencumbered expenditures budgeted for a given fiscal year; and WHEREAS, at the close of fiscal year 2022-23, the city's unaudited General Fund reserve balance is 65% and has exceeded its General Fund Reserve Policy (City Council Policy No. 74} target of 40%; and WHEREAS, at the close of fiscal year 2022-23, the remaining unaudited unspent and unencumbered expenditure budget for the General Fund is $10.8 million of which approximately $200,000 has been carried forward because of a previous City Council resolution, resulting in an available surplus of $10.6 million; and WHEREAS, at the close of fiscal year 2022-23, the General Fund surplus, or actual revenues less actual expenditures, is $20.7 million; and WHEREAS, in accordance with City Council Policy No. 87, the City Manager has approved individual items of less than $100,000 that total $770,636 in General Fund carryforward requests and $130,067 in carryforward requests for other non-General Fund funds; and WHEREAS, City Council Policy No. 87 requires City Council approval for the carryforward of any unspent and unencumbered budget for a particular item equal to or greater than $100,000; and WHEREAS, department carryforward requests submitted for City Council approval that total $2,802,416 in General Fund carryforward requests and $3,550,506 in carryforward requests for other non-General Fund funds are listed in Attachment A to this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the budget carryforward requests shown in Attachment A to this resolution are approved for carryforward from fiscal year 2022-23 to fiscal year 2023-24. DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD 3.That the City Manager, or designee, is authorized to purchase the capital outlay items as shown in Attachment A. 4.That the Deputy City Manager, Administrative Services, is authorized to appropriate carryforward budgets to the funds in the amounts shown in Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of Sept., 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor � ,rsHERRY FREISINGER, City Clerk (SEAL) DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD DEPARTMENT FUND DESCRIPTION REQUEST TYPE AMOUNT Community Development General Fund Planning Division on-call contract support Professional Services 150,000$ Fire General Fund Ambulance Gurney Replacement Capital Outlay 620,000 Non-Departmental General Fund Remaining $2 million local traffic safety emergency funds Capital Outlay 558,720 Police General Fund Take Home Vehicle Program Costs Capital Outlay 513,176 Police General Fund M500 In-Car Video Systems Capital Outlay 338,356 Police General Fund Taser inventory replacement Equipment & Supplies 622,164 Fire Non General Fund Unspent opioid settlement funds Other 238,846 Fleet & Facilities Non General Fund Complete FY 2022-23 Approved Vehicle Purchases Capital Outlay 1,270,000 Housing & Homeless Services Non General Fund Complete Approved Agriculture Mitigation Fee Grants Other 112,206 Information Technology Non General Fund Complete FY 2022-23 IT Replacements Capital Outlay 484,454 Utilities Non General Fund Potable Water Master Plan Update Professional Services 650,000 Utilities Non General Fund Wastewater Master Plan Update Professional Services 650,000 Utilities Non General Fund Fleet truck conversions and outfitting for approved vehicle replacements Capital Outlay 145,000 General Fund Total 2,802,416$ Non General Fund Total 3,550,506$ GRAND TOTAL 6,352,922$ (ITEMS EQUAL TO OR GREATER THAN $100,000) CITY OF CARLSBAD FY 2022-23 TO FY 2023-24 CARRYFORWARD BUDGET REQUESTS FOR CITY COUNCIL CONSIDERATION At t a c h m e n t A DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 5 Concourse Parkway Suite 2150 Atlanta GA, 30328 Teri Delcamp Dba: Delcamp Preservation & Planning 883 Mimosa Avenue Vista CA 92081 02/01/2023 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 X X X Primary & Non ContributoryA X Y Y UDC-5097763-CGL-23 03/01/2023 03/01/2024 2,000,000 100,000 5,000 0 2,000,000 S/T Gen. Agg. City of Carlsbad1200 Carlsbad Village DrCarlsbad CA 92008 MTTU DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD ACORD® I ~ I -~ □ - - =7 □ □ - -- -~ -~ -H I I I I I □ I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOSAUTOSNON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD MTTU Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 5 Concourse Parkway Suite 2150 Atlanta GA, 30328 (888) 202-3007 contact@hiscox.com Hiscox Insurance Company Inc 10200 Teri Delcamp DBA Delcamp Preservation & Planning DBA Delcamp Preservation & Planning 883 Mimosa Avenue Vista, CA 92081 City of Carlsbad 1200 Carlsbad Village Dr Carlsbad, California 92008 03/01/202503/01/2024P102.455.981.3Y X A X X 2,000,000 100,000 5,000 0 2,000,000 S/T Gen. Agg. 01/16/2024 DocuSign Envelope ID: 66D14A58-0DB9-42B1-93B6-34F4605AAEDD ACORD® I ~ I -~ □ - - =7 □ □ - -- -~ -~ -H I I I I I □ I