Escondido City Council
July 20, 2022

CITY of ESCONDIDO

Council Meeting Agenda
WEDNESDAY, JULY 20, 2022
4:00 PM - Closed Session - Cancelled
5:00 PM - Regular Session
Escondido City Council Chambers, 201 North Broadway, Escondido, CA 92025

WELCOME TO YOUR CITY COUNCIL MEETING
We welcome your interest and involvement in the legislative process of Escondido. This agenda includes information about topics coming before the City Council and the action recommended by City staff.

MAYOR
Paul McNamara

DEPUTY MAYOR
Tina Inscoe (District 2)

COUNCILMEMBERS
Consuelo Martinez (District 1)
Joe Garcia (District 3)
Michael Morasco (Disctrict 4)

CITY MANAGER
Sean McGlynn

CITY ATTORNEY
Michael McGuinness

CITY CLERK
Zack Beck

HOW TO WATCH
The City of Escondido provides three ways to watch a City Council meeting:

In Person On TV Online

201 N. Broadway Cox Cable Channel 19 and U-verse Channel 99 www.escondido.org

1 Wednesday, July 20, 2022

HOW TO PARTICIPATE
The City of Escondido provides two ways to communicate with the City Council during a meeting:

In Person In Writing

Fill out Speaker Slip and Submit to City Clerk https://escondido-ca.municodemeetings.com

ASSISTANCE PROVIDED
If you need special assistance to participate in this meeting, please contact our ADA Coordinator at 760-839-4869.

Notification 48 hours prior to the meeting will enable to city to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired – please see the City Clerk.

2 Wednesday, July 20, 2022

REGULAR SESSION
5:00 PM Regular Session

MOMENT OF REFLECTION
City Council agendas allow an opportunity for a moment of silence and reflection at the beginning of the evening meeting. The City does not participate in the selection of speakers for this portion of the agenda, and does not endorse or sanction any remar ks made by individuals during this time. If you wish to be recognized during this portion of the agenda, please notify the City Clerk in advance.

FLAG SALUTE
The City Council conducts the Pledge of Allegiance at the beginning of every City Council meeting.

CALL TO ORDER
Roll Call: Garcia, Inscoe, Martinez, Morasco, McNamara

ORAL COMMUNICATIONS
In addition to speaking during particular agenda items, the public may address the Council on any item which is not on the agenda provided the item is within the subject matter jurisdiction of the City Council. State law prohibits the Council from discussing or taking action on such items, but the matter may be referred to the City Manager/staff or scheduled on a subsequent agenda. Speakers are limited to only one opportunity to address the Council under Oral Communications.

CONSENT CALENDAR
Items on the Consent Calendar are not discussed individually and are approved in a single motion. However, Council members always have the option to have an item considered separately, either on their own request or at the request of staff or a member of the public.

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) -

2. APPROVAL OF WARRANT REGISTER (COUNCIL) -
Request approval for City Council and Housing Successor Agency warrant numbers 364818 – 364989 dated July 6, 2022.

Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: None
3 Wednesday, July 20, 2022

4. AMENDMENT TO EXHIBIT B OF THE 2003 AGREEMENT RELATING TO SUPPLEMENTAL WATER AMONG

THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, THE SAN LUIS REY SETTLEMENT

PARTIES, AND THE UNITED STATES -
Request the City Council adopt Resolution No. 2022-102 authorizing the Mayor to execute, on behalf of the City of Escondido, a letter amending Exhibit B of the 2003 Agreement Relating to Supplemental Water Among The Metropolitan Water District of Southern California, the San Luis Rey Settlement Parties, and the United States (“MWD Exchange Agreement”).

Staff Recommendation: Approval (Utilities: Christopher W. McKinney) Presenter: Christopher W. McKinney, Deputy City Manager/Director of Utilities Resolution 2022-102

5. AUTHORIZATION TO PROCESS A TEXT AMENDMENT TO THE GENERAL PLAN LAND USE DESIGNATION

OF PLANNED OFFICE (PO) TO EVALUATE EXPANSION OF ALLOWABLE USES INCLUDING FOR

EDUCATIONAL FACILITIES -
Request the City Council authorize the processing of a text amendment to the General Plan Land Use and Community Form Chapter to evaluate expansion of allowable uses, including for education facilities, in the Planned Office (PO) land use designation.

Staff Recommendation: Approval (Development Services Department: Julie Procopio, Interim Director of Development Services)
Presenter: Ivan Flores, Associate Planner

6. FOURTH AMENDMENT TO THE PUBLIC SERVICES AGREEMENT WITH STEVEN SMITH LANDSCAPE, INC.

FOR LANDSCAPE MAINTENANCE SERVICES FOR THE CITY OF ESCONDIDO LANDSCAPE MAINTENANCE

ASSESSMENT DISTRICT -
Request the City Council adopt Resolution Number 2022 -72, authorizing the Mayor to execute a Fourth Amendment to the Public Services Agreement (“PSA”), exercising the option period three (3) for Landscape Maintenance Services for the City of Escondido Landscape Maintenance District (“LMD”) (“Attachment 1”), extending the Agreement through June 30, 2023.

Staff Recommendation: Approval and File (Engineering Services, Julie Procopio)

Resolution No. 2022-72

4 Wednesday, July 20, 2022

7. FINAL MAPS UNDER CONSIDERATION FOR APPROVAL -
The following Final Maps have been filed for approval by the City Engineer in accordance with Ordinance 2022-02: Tract PL21-0056 on La Lomita Drive.

8. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (HIDDEN TRAILS) - Request the City Council adopt Resolution 2022-86, setting the Special Tax Levy for Community Facilities District No. 2000-01 (Hidden Trails) (the “District”) for Fiscal Year 2022-23.

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
Resolution No. 2022-86

9. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (EUREKA RANCH) - Request the City Council adopt Resolution 2022-85, setting the Special Tax Levy for Community Facilities District No. 2006-01 (Eureka Ranch) (the “District”) for Fiscal Year 2022-23.

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
Resolution No. 2022-85

10. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2020-1 (Public Services) - Request the City Council adopt Resolution 2022-87, setting the Special Tax Levy for Community Facilities District No. 2020-1 (“Public Services CFD”) for Fiscal Year 2022/23.

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
Resolution No. 2022-87

11. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2020-2 (The Villages) - Request the City Council adopt Resolution 2022-88, setting the Special Tax Levy for Community Facilities District No. 2020-2 (The Villages) (The “District”) for Fiscal Year 2022/23.

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
Resolution 2022-88
5 Wednesday, July 20, 2022

12. OUT-OF-AGENCY SERVICE AGREEMENT FOR 2314 Felicita Avenue–PL 22-0196 - Request the City Council adopt Resolution No. 2022-90, making application to the San Diego County Local Agency Formation Commission (“LAFCO”) for an out -of-agency service agreement and authorizing the Mayor to execute said agreement, and establishing a pre -zoning designation of RE -20, for a property located at 2314 Felicita Avenue (APN 238-320-01-00).

Staff Recommendation: Approval (Development Services Department: Julie Procopio) Presenter: Ivan Flores, Associate Planner
Resolution No. 2022-90

13. CHANGE ORDERS AND AMENDMENT FOR THE SAN PASQUAL UNDERGROUNDING PROJECT - Request the City Council adopt Resolution No. 2022 -100, authorizing change orders to the Public Improvement Agreement with Sukut Construction, LLC, in the amount of $7,949,581.24 f or the San Pasqual Undergrounding Project (“Project”); and adopt Resolution No. 2022 -101, authorizing a Second Amendment to the Consulting Agreement with Arcadis U.S. Inc., in the amount of $569,797.00 for the Project.

Staff Recommendation: Approval (Utilities: Christopher W. McKinney, Deputy City Manager/Director of Utilities)
Presenter: Angela Morrow, Deputy Director of Utilities
Resolution No. 2022-100
Resolution No. 2022-101

14. BODY WORN CAMERAS AND CONDUCTED ENERGY WEAPONS PURCHASE - Request the City Council adopt Resolution No. 2022 -95 authorizing the Mayor to sign a five -year agreement to purchase Body Worn Cameras and Conducted Energy Weapons through a Sole Source purchase with Axon Enterprises, Inc. to provide the hardware, software, licenses, training and service.

Staff Recommendation: Approval (Police Department: David Cramer, Interim Chief) Presenter: David Cramer, Interim Chief
Resolution No. 2022-95

6 Wednesday, July 20, 2022

15. FY2022 CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) HIGH FREQUENCY COMMUNICATIONS $55,516 GRANT ACCEPTANCE AND BUDGET ADJUSTMENT - Request the City Council authorize the Escondido Fire Department to accept FY 2022 Cal OES Grant funds in the amount of $55,516 to purchase and install a High Frequency radio in the City’s Emergency Operations Center; authorize the Fire Chief or his designee to execute grant documents on behalf of the City; and approve budget adjustments needed to spend grant funds.

Staff Recommendation: Approval (Fire: Rick Vogt)
Presenter: Jeff Murdock

16. AWARD PURCHASE OF FUELS FOR FISCAL YEAR 2023 -
Request the City Council adopt Resolution No. 2022-67, approving the purchase of unleaded gasoline and diesel fuel from SC Fuels, Inc. in the amount of $1,200,000 utilizing a 5 -year Cooperative Purchase Agreement between the City of San Diego and SC Fuels, RFP No. 10089315 -18-K, pursuant to Escondido Municipal Code Chapter 10, Article 5, Section 10-91.

Staff Recommendation: Approval (Public Works, Fleet Services: Joseph Goulart, Director of Public Works) Presenter: Jeramiah Jennings, Fleet Maintenance Superintendent Resolution No. 2022-67

CONSENT RESOLUTIONS AND ORDINANCES (COUNCIL/RRB)
The following Resolutions and Ordinances were heard and acted upon by the City Council/RRB at a previous City Council/Mobilehome Rent Review meeting. (The title of Ordinances listed on the Consent Calendar are deemed to have been read and further reading waived.)

CURRENT BUSINESS

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS

FUTURE AGENDA

17. FUTURE AGENDA
The purpose of this item is to identify issues presently known to staff or which members of the City Council wish to place on an upcoming City Council agenda. Council comment on these future agenda items is limited by California Government Code Section 54954.2 to clarifying questions, brief announcements, or requests for factual information in connection with an item when it is discussed.

Staff Recommendation: None (City Clerk's Office: Zack Beck)

7 Wednesday, July 20, 2022

CITY MANAGER’S WEEKLY ACTIVITY REPORT
The most current information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development. This report is also available on the City’s website, www.escondido.org.

ORAL COMMUNICATIONS
In addition to speaking during particular agenda items, the public may address the Council on any item which is not on the agenda provided the item is within the subject matter jurisdiction of the City Council. State law prohibits the Council from discussing or taking action on such items, but the matter may be referred to the City Manager/staff or scheduled on a subsequent agenda. Speakers are limited to only one opportunity to address the Council under Oral Communications.

ADJOURNMENT

UPCOMING MEETING SCHEDULE
Wednesday, July 27, 2022 4:00 & 5:00 PM Regular Meeting, Council Chambers Wednesday, August 10, 2022 4:00 & 5:00 PM Regular Meeting, Council Chambers

SUCCESSOR AGENCY
Members of the Escondido City Council also sit as the Successor Agency to the Community Development Commission, Escondido Joint Powers Financing Authority, and the Mobilehome Rent Review Board.

8 Consent Item No. 1 July 20, 2022

A F F I D A V I T S

OF

I T E M

P O S T I N G - NONE
9 Item1.

STAFF REPORT

July 20, 2022
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER (COUNCIL)

DEPARTMENT
Finance

RECOMMENDATION
Request approval for City Council and Housing Successor Agency warrant numbers 364818 – 364989 dated July 6, 2022.

Staff Recommendation: Approval (Finance Department: Christina Holmes)

FISCAL ANALYSIS
The total amount of the warrants for the period of June 30 – July 6, 2022, is $2,201,328.27

BACKGROUND

The Escondido Municipal Code Section 10-49 states that warrants or checks may be issued and paid prior to audit by the City Council, provided the warrants or checks are certified and approved by the Director of Finance as conforming to the current budget. These warrants or checks must then be ratified and approved by the City Council at the next regular Council meeting.

10 Item2.

STAFF REPORT

July 20, 2022
File Number 1320-55

SUBJECT

AMENDMENT TO EXHIBIT B OF THE 2003 AGREEMENT RELATING TO SUPPLEMENTAL WATER AMONG

THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, THE SAN LUIS REY SETTLEMENT

PARTIES, AND THE UNITED STATES

DEPARTMENT

Utilities Department

RECOMMENDATION

Request the City Council adopt Resolution No. 2022-102 authorizing the Mayor to execute, on behalf of the City of Escondido , a letter amending Exhibit B of the 2003 Agreement Relating to Supplemental Water Among The Metropolitan Water District of Southern California, the San Luis Rey Settlement Parties, and the United States (“MWD Exchange Agreement”).

Staff Recommendation: Approval (Utilities: Christopher W. McKinney)

Presenter: Christopher W. McKinney, Deputy City Manager/Director of Utilities

FISCAL ANALYSIS

There is no anticipated fiscal impact of the proposed amendment. The costs specified in Exhibit B are paid by other parties to the agreement, except in the unlikely event of default by the other parties as described below. Even in this case, the fiscal impact to the City would be small, i.e. an increase of a few dollars per acre-foot of water delivered if the City chose to act in lieu of the defaulting party.

PREVIOUS ACTION

In 2003, the City Council authorized the Mayor to execute, on behalf of the City, the MWD Exchange Agreement.

In 2017, the City Council authorized the Mayor to execute, on behalf of the City, the “San Luis Water Rights Settlement Agreement” and related agreements.

11 Item4.

BACKGROUND

The City of Escondido (“City”) is among the San Luis Rey Settlement Parties as a party to the 2017 “San Luis Water Rights Settlement Agreement” (“Settlement Agreement”). The San Luis Rey Settlement Parties are also parties to the 2003 “Agreement Relating to Supplemental Water Among The Metropolitan Water District of Southern California, the San Luis Rey Settlement Parties, and the United States” (“MWD Exchange Agreement). The MWD Exchange Agreement governs the delivery of Supplemental Water delivered to the San Luis Rey Indian Water Authority (“SLRIWA”), the City of Escondido, and the Vista Irrigation District (“VID”) via the distribution systems of the Metropolitan Water District of Southern California (“MWD”) and the San Diego County Water Authority (“SDCWA”) per the terms of the Settlement Agreement. Among the terms of the delivery of water through these systems are tables detailing the cost of delivery and exchange of the water.

A recent review of the calculations in these tables revealed a series of small errors in the table of Exhibit B to the MWD Exchange Agreement. The table shows the annual rates that the SLRIWA pays for each acre-foot of Supplemental Water that is conveyed through the MWD Aqueduct. In certain years, the values in the table have not been escalated as described in the MWD Exchange Agreement.

Under the terms of the 2017 San Luis Rey Water Rights Settlement Implementing Agreement (“Implementing Agreement”), the SLRIWA pays the United States, who in turn pays MWD the costs detailed in Exhibit B to the MWD Exchange Agreement. In the event that the Indian Water Authority fails to make these payments, the City and VID have the right, but not the obligation, to make such payment to secure delivery of the water. This is a very unlikely circumstance because the SLRIWA has a strong interest in the delivery of the water. Even in this unlikely event, the financial impact to City is only a few dollars per acre-foot at present, a minimal additional amount for that volume of water. To date, all such payments have been made by the SLRIWA in a timely fashion.

The table on the following page details the current dollar values in Exhibit “B” to the MWD Exchange Agreement, the proposed amended values to that table, and the difference.

12 Item4.

REVISED EXHIBIT B (2023-2032) of the Exchange Rate for Untreated Water (dollars per acre-foot)

Year Current Rate Amended Rate Difference

2023 133.30 132.20 -1.10
2024 135.37 134.25 -1.12
2025 137.47 136.33 -1.14
2026 139.60 138.44 -1.16
2027 141.76 140.59 -1.17
2028 143.96 142.76 -1.20
2029 146.19 144.98 -1.21
2030 148.46 147.22 -1.24
2031 150.76 149.51 -1.25
2032 153.10 151.82 -1.28

Staff recommend adoption of Resolution 2022 -102. Approval of the amendment with the change to Exhibit B to correct minor errors is the original calculations of the Exchange Rate for Untreated Water in the MWD Exchange Agreement. In the unlikely event of any fiscal impact on the City, it will be small and at the City’s option to maintain delivery of the SLRIWA’s water to the City.

RESOLUTIONS
a. Resolution 2022-102
b. Resolution No. 2022 -102 Exhibit “1” - Proposed letter amending Exhibit “B” to the MWD Exchange Agreement
c. Resolution No. 2022-102 Exhibit “2” – Amendment to Exhibit “B” -

13 Item4.

RESOLUTION NO. 2022-102

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO AUTHORIZING THE MAYOR TO EXECUTE, ON
BEHALF OF THE CITY, A LETTER AMENDING EXHIBIT “B”
TO THE 2003 AGREEMENT RELATING TO SUPPLEMENTAL

WATER AMONG THE METROPOLITAN WATER DISTRICT

OF SOUTHERN CALIFORNIA, THE SAN LUIS REY

SETTLEMENT PARTIES, AND THE UNITED STATES

WHEREAS, the City of Escondido (“City ”) is a party to the 2017 San Luis Rey Water Rights Settlement Agreement (“Settlement Agreement”) and the 2003 Agreement Relating to Supplemental Water Among The Metropolitan Water District of Southern California, the San Luis Rey Settlement Parties, and the United States (“MWD Exchange Agreement”); and
WHEREAS, the MWD Exchange Agreement includes terms of the delivery of water through the Metropolitan Water District of Southern California (“MWD”) and San Diego Cou nty Water Authority (“SDCWA”) systems and tables detailing the cost of delivery and exchange of the water; and WHEREAS, a recent review of the calculations in the tables in the MWD Exchange Agreement revealed a series of small errors in the table of Exhibit B; and WHEREAS, correcting these errors is anticipated to have minimal, if any, financial impact on the City; and
WHEREAS, the parties to MWD Exchange Agreement agree that a letter, approved by all parties, detailing an amended Exhibit B is the most expedient manner to correct the small errors.

14 Item4.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido that:

1. The above recitations are true.

2. That the Mayor is hereby authorized to execute, on behalf of the City, the attached letter (“Exhibit 1”) agreeing to amend Exhibit B of the original MWD Exchange Agreement with the attached amended Exhibit B (“Exhibit 2”).
15 Item4.
1 [Insert date]
[Insert Addressees]
Correction to Exhibit B to the Agreement Relating to Supplemental Water Among The Metropolitan Water District of Southern California, the San Luis Rey Settlement Parties, and the United States Dear Parties to the above-referenced Agreement:

As discussed recently, some of the annual rates included on Exhibit B to the Agreement Relating to Supplemental Water Among The Metropolitan Water District of Southern California, the San Luis Rey Settlement Parties, and the United States (“Agreement”) are incorrect. Specifically, the rates on Exhibit B for years 2012, 2013, 2015 – 2018, 2021, and 2023 – 2032 were not escalated by 1.55% as provided by Section 6.b of the Agreement. The errors for years 2017, 2018, and 2021 resulted in Metropolitan receiving an over-payment of $413.83. The errors for years 2012, 2013, 2015, and 2016 did not result in any payment discrepancy because no payments were required to be made to Metropolitan for those years.

Therefore, in order to correct the inadvertent mistakes made to Exhibit B, the Parties to the Agreement hereby agree that:

1. Metropolitan will provide a credit on its first invoice of 2023 to the United States in the amount of $413.83;

2. the United States will provide a credit on its second invoice of 2023 to the Settlement Parties in the amount of $413.83; and

3. the attached Revised Exhibit B for years 2023 – 2032 will be used going forward in place of the original Exhibit B.

No other changes to the Agreement are made. Please indicate your agreement by signing this letter below and return it to Metropolitan. We will send you a copy once all signatures are received.

Sincerely,
Metropolitan Water District of Southern California
Resolution No. 2022-102
Exhibit "1"

16 Item4.
2 UNITED STATES OF AMERICA

By:_____________________

SAN LUIS REY RIVER INDIAN WATER AUTHORITY

By:_____________________

LA JOLLA BAND OF MISSION INDIANS

By:_____________________

RINCON BAND OF MISSION INDIANS

By:_____________________

SAN PASQUAL BAND OF MISSION INDIANS

By:_____________________

PAUMA BAND OF MISSION INDIANS

By:_____________________

PALA BAND OF MISSION INDIANS

By:_____________________

CITY OF ESCONDIDO

By:_____________________

VISTA IRRIGATION DISTRICT

By:_____________________
Resolution No. 2022-102
Exhibit "1"

17 Item4.

AGREEMENT RELATING TO SUPPLEMENTAL WATER
October 10, 2003

REVISED EXHIBIT B (2023-2032)
Year Exchange Rate for Untreated Water
(dollars per acre-foot)
2023 132.20
2024 134.25
2025 136.33
2026 138.44
2027 140.59
2028 142.76
2029 144.98
2030 147.22
2031 149.51
2032 151.82
Resolution No. 2022-102
Exhibit "2"

18 Item4.

STAFF REPORT

July 20, 2022
File Number 0830-20

SUBJECT

AUTHORIZATION TO PROCESS A TEXT AMENDMENT TO THE GENERAL PLAN LAND USE DESIGNATION

OF PLANNED OFFICE (PO) TO EVALUATE EXPANSION OF ALLOWABLE USES INCLUDING FOR

EDUCATIONAL FACILITIES

DEPARTMENT
Development Services, Planning Division

RECOMMENDATION
Request the City Council authorize the processing of a text amendment to the General Plan Land Use and Community Form Chapter to evaluate expansion of allowable uses, including for education facilities, in the Planned Office (PO) land use designation.

Staff Recommendation: Approval (Development Services Department: Julie Procopio, Interim Director of Development Services)
Presenter: Ivan Flores, Associate Planner

FISCAL ANALYSIS
For the purposes of this agenda item, the City Council will only be providing direction to staff on the processing of a General Plan Amendment. Authorization to process the amendment application would have no direct fiscal impacts. The privately -initiated amendment application would be processed using existing staff resources with costs to be paid by the project proponent, applicant(s), and/or the futur e developer of the project site.

PREVIOUS ACTION
None.

BACKGROUND
The applicant, Twenty-Five Forty LLC, has submitted a request to amend text in the General Plan Land Use and Community Form Chapter to add “Educational Facilities” to the General Description of Uses in the Planned Office (P -O) land use designation. A copy of the request is attached to this Staff Report as Attachment “1.” The P-O land use designation encompasses an area of the City known as the Felicita Corporate Target Area as identified in the City’s General Plan, and is in the general vicinity of Interstate 15 and the Felicita Road Interchange. The General Plan identifies this as an opportunity area that envisions 19 Item5.

land uses that focus on attracting high paying, high employee density employment opportunities. The existing site conditions include single -family dwellings, undeveloped lots, places of worship, and low intensity medical offices. The intent is to evaluate expansion of allowable uses on parcels with a General Plan Land Use Designation of P-O.

The applicant intends to submit a General Plan Amendment, Master Planned Development Permit, Precise Development Permit, and a Specific Alignment Plan. The inclusion of educational facilities would facilitate the development of the site for a middle school and high school at the northeast corner of Miller Avenue and W. Citracado Parkway, and would make the project consistent with the underlying General Plan Land Use Designation.

The authorization to proceed with the General Plan Amendment does not bestow approval upon any of the aforementioned applications and does not commit the City Council to any future action . The application as a whole will return to City Council with a recommendation from the City’s Planning Commission.

ENVIRONMENTAL REVIEW
The action before the City Council is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidel ines Section 15262, Feasibility and Planning Studies. This agenda item involves the consideration of processing a General Plan Amendment and land use development application. This general direction does not have a legally binding effect on any possible fut ure discretionary action

ATTACHMENTS
A. Attachment “1” - Applicant’s Initiation Request Letter 20 Item5.

Twenty-Five Forty LLC
8076 Entrada de Luz East
San Diego, CA 92127

June 7, 2022
Ivan Flores, Associate Planner
Planning Division, City of Escondido
201 North Broadway
Escondido, CA 92025-2798
Re: General Plan Text Amendment
Dear Mr. Flores
This project is requesting a General Plan Text Amendment and a Precise Development Plan for a new middle and high school development in the City of Escondido, at the vacant lot at the northeast corner of Citracado Parkway and Miller Avenue. The school will include four (4) “Classroom buildings”, fieldhouse (gym), library, administration, outdoor gathering & activities areas, and a sports field. Each “Classroom building” be identical and will include a makerspace room, three (3) classrooms, twenty-four (24) team spaces that are each approximately 140 SQFT, restrooms, storage, and utility space. The school could house up to 500 students. The design would be both flexible and adaptable, with a focus on outdoor spaces for learning, making and gathering. EV parking and roof top solar are proposed.

The request for this General Plan Text Amendment is to add educational and/or schools to the existing PO/Planned Office land use designation.

Sincerely,

Garrett Pagon
Twenty-Five Forty LLC

21 Item5.

STAFF REPORT

July 20, 2022
File Number 0600-10, A-3256

SUBJECT
FOURTH AMENDMENT TO THE PUBLIC SERVICES AGREEMENT WITH STEVEN SMITH LANDSCAPE, INC.

FOR LANDSCAPE MAINTENANCE SERVICES FOR THE CITY OF ESCONDIDO LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT.

DEPARTMENT
Engineering Services

RECOMMENDATION
Request the City Council adopt Resolution Number 2022-72, authorizing the Mayor to execute a Fourth Amendment to the Public Services Agreement (“PSA”), exercising the option period three (3) for Landscape Maintenance Services for the City of Escondido Landscape Maintenance District (“ LMD”) (“Attachment 1”), extending the Agreement through June 30, 2023.

Staff Recommendation: Approval and File (Engineering Services, Julie Procopio)

FISCAL ANALYSIS
The LMD reimburses all costs incurred by the City in all zones except Zones 12 and 13. The City of Escondido purchased property adjacent to the Reidy Creek environmental channel that lies within Zone 12 and therefore assumed the assessment assigned to this property. Zone 13 was formed to pay for the maintenance of the Centre City Parkway landscaped median, south of Felicita Avenue and north of Montview Drive. The City shares the cost of the maintenance in Zone 13 with the two shopping centers on either side of the Parkway.

PREVIOUS ACTION
On June 20, 2018, the City Council adopted Resolution No. 2018 -97, executing a PSA with Steven Smith Landscaping, Inc. for Landscape Maintenance Services for the City of Escondido LMD. The initial term of the PSA was for a two-year contract beginning July 1, 2018 and ending June 30, 2020, in the not to exceed amount of $238,003.92 per year. With satisfactory performance and mutual agreement between the City and the Contractor, the City may extend the Agreement for an additional three (3) one -year contract option periods ending June 30, 2023.

22 Item6.

BACKGROUND

The LMD was established as a means to fund the ongoing maintenance of certain landscape improvements associated with the development of specific properties within the City of Escondido. These landscape improvements have special benefit to those specific properties.

The Engineering Services Department published a Request for Proposal (“RFP”) on April 9, 2018, for annual Landscape Maintenance Services for the City LMD. Four landscape contractors submitted proposal by the closing date of April 30, 2018. After review and analysis of the proposals by representatives of the Public Works and Engineering Services Departments, the proposal submitted by Steven Smith Landscape, Inc. was selected as the one most advantageous to the City.

The LMD is divided into various zones. Property owners for parcels within each zone are assessed for the benefit received within their zone and the maintenance of the landscape improvements. All funds collected must be used within the zone.

RESOLUTIONS
a. Resolution No. 2022-72
b. Resolution No. 2022-72 Exhibit “A” – Fourth Amendment to Public Services Agreement with Steven Smith Landscape, Inc.

23 Item6.

RESOLUTION NO. 2022-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A FOURTH

AMENDMENT TO THE PUBLIC SERVICES AGREEMENT

WITH STEVEN SMITH LANDSCAPE INC FOR

LANDSCAPE MAINTENANCE SERVICES FOR THE CITY

OF ESCONDIDO ASSESSMENT DISTRICT

WHEREAS, the City of Escondido (“City”) advertised for proposals for Landscape Maintenance Services for the City of Escondido Landscape Maintenance Assessment District; and WHEREAS, of the four (4) proposals received, Steven Smith Landscape, Inc. was determined to be the most advantageous to the City; and
WHEREAS, the Director of Engineering/City Engineer recommends the approval and execution of the Public Services Agreement with Steven Smith Landscape, Inc.; and WHEREAS, on June 20, 2018, the City Council adopted Resolution No. 2018 -97, authorizing the Mayor and City Clerk to execute a Public Services Agreement with Steven Smith Landscape, Inc. for Landscape Maintenance Services for the City of Escondido LMD; and WHEREAS, the City and Steven Smith Landscape, Inc. entered into an Agreement for a two (2) - year term beginning on July 1, 2018 and ending June 30, 2020, in the not to exceed amount of $238,392 per year; and
WHEREAS, with satisfactory performance and mutual agreement between the City and Contractor, the City may extend the Agreement for an additional three (3) one (1) -year contract option periods ending June 30, 2023.

24 Item6.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as

follows:

1. That the above recitals are true.

2. That the Mayor is authorized to execute, on behalf of the City, a Fourth (4) Amendment to the Public Services Agreement in the not to exceed amount of $238,003.92 with Steven Smith Landscape, Inc. for Landscape Maintenance Services for the City of Escondido Landscape Maintenance District, which is attached hereto as Exhibit “A” and incorporated by this reference , subject to final approval as to form by the City Attorney. 25 Item6.

CITY OF ESCONDIDO

FOURTH AMENDMENT TO PUBLIC SERVICES AGREEMENT
This Four th Amendment to Public Services Agreement (“Fourth Amendment”) is made and entered into as of this _____ day of ________________, 2022 (“Effective Date”), Bet
ween: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Allen Yun
760-839-4665
("CITY")
And: S
teven Smith Landscape, Inc.
a California corporation
1916 Commercial St.

Escondido, CA 92029
Attn: Steven Smith
760-745-9916
("CONTRACTOR ").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties entered into that certain Public Services Agreement dated June 26, 2018, which was subsequently amended by a First Amendment dated July 2, 2018, a Second Amendment dated July 23, 2020, and a Third Amendment dated June 9, 2021 (collectively, the “Agreement”), wherein CITY retained CONTRACTOR to provide services for landscape maintenance services for the Escondido landscape maintenance district , as more specifically described in the Agreement; and
WHEREAS, the P arties desire to amend the Agreement to include additional services as described in “Attachment A” to this Fourth Amendment, which is attached hereto and incorporated herein by this reference.

NOW, THEREFORE, i n consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

Resolution No. 2022-72
Exhibit "A"

26 Item6.

The CONTRACTOR will furnish all of the Services described in “ Attachment A” to this Fourth Amendment.

1. The CITY will compensate the CONTRACTOR in an additional amount not to exceed the sum of $238,003.92, pursuant to the conditions contained in “Attachment A” to this Fourth Amendment.

2. Section 2 (Compensation) of the Public Services Agreement dated June 26, 2018 shall be deleted in its entirety and replaced with the following:

2. Compensation. In exchange for CONTRACTOR’s completion of the Services, the CITY shall pay, and CONTRACTOR shall accept in full, an amount not to exceed the sum of $238,003.92 per year. Any breach of this Agreement will relieve the CITY from the obligation to pay CONTRACTOR, if CONTRACTOR has not corrected the breach after the CITY provides notice and a reasonable time to correct it. CONTRACTOR shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent. If this Agreement is amended at any time, additional compensation of CONTRACTOR contained in any subsequent amendments shall not exceed a cumulative total of 25% of the maximum payment provided for in this Section 2, unless approved by resolution of the City Council.

3. All other terms of the Agreement not referenced in this Fourth Amendment shall remain unchanged and in full force and effect. In the event of a conflict between a provision of the Agreement and this Fourth Amendment, this Fourth Amendment shall prevail.

4. This Fourth Amendment and the Agreement, together with any attachments or other documents described or incorporated therein, if any, constitute the entire agreement and understanding of the Parties, and there are no other terms or conditions, written or oral, controlling this matter.

5. This Fourth Amendment may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document. Delivery of an executed signature page of this Fourth Amendment by electronic means, including an attachment to an email, shall be effective as delivery of an executed original.

6. Unless a different date is provided in this Fourth Amendment, the effective date of this Fourth Amendment shall be the latest date of execution set forth by the names of the signatories below.

(SIGNATURE PAGE FOLLOWS)

Resolution No. 2022-72
Exhibit "A"

27 Item6.

IN WITNESS WHEREOF, this Fourth Amendment is executed by the P arties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: __________________ ____________________________________ Paul McNamara, Mayor

STEVEN SMITH LANDSCAPE, INC.

Date: __________________ ___________________________________ Signature

___________________________________
Name & Title (please print)
A
PPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY

B
Y: __________________________

THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

Resolution No. 2022-72
Exhibit "A"

28 Item6.

A. General

Steven Smith Landscape, Inc., a California corporation (“Contractor”), will provide the City of Escondido, a California municipal corporation (“City”), with maintenance services in the City’s Landscape Maintenance Assessment District (“LMD”).

B. Location

A map of the City’s LMD is attached to this Scope of Work as Exhibit 1 and incorporated herein by this reference. Contractor will provide landscape maintenance services in the City’s LMD zones 1 through 9, 11 through 29, 32 through 35, and 38. Each LMD zone subject to this Fourth Amendment is described as follows:

Zone 1 – Rancho Verde
The project area is within the Rancho Verde subdivision, Tracts 523A, 523B, 653 and 692 which are located north of Via Rancho Parkway at Eucalyptus Avenue. The improvements to be maintained are the entryway improvements including the parkway landscaping on both the east and west side of Eucalyptus Avenue extending a distance of approximately 400 feet from Via Rancho Parkway. Area measures approximately 33,000 square feet.

Zone 2 – Nutmeg Street
Located on the west side of Nutmeg Street, south of Sunset Heights Road. The improvements to be maintained include the slope/parkway landscaping on the west side of Nutmeg Street, the slope landscaping on the north side of the service road south of the tract, and the slope/parkway landscaping on the south side of Sunset Heights Road.

Area measures approximately 17,200 square feet.

Zone 3 – Eleventh Avenue and West Valley Parkway
Located at the southwest corner of West Eleventh Avenue and West Valley Parkway. The improvements to be maintained include the slope and parkway landscaping on the west side of West Valley Parkway, and a small portion of parkway landscaping on the south side of Eleventh Avenue. Area measures approximately 18,200 square feet.

Zone 4 – El Norte Parkway/Rees Road
Located on the north side of El Norte Parkway and the west side of Rees Road from Rees Road to approximately 1,000 feet east of Bennett Avenue. The improvements to be maintained include crib wall, slope and parkway landscaping on the north side of El Norte Parkway, and parkway landscaping on the west side of Rees Road adjacent to the homes in Tract 721. Area measures approximately 14,700 square feet.

Zone 5 – La Honda Drive (North)
Located on the east side of La Honda Drive beginning just south of Dublin Lane and continuing north up La Honda Drive. The improvements to be maintained are the slope/parkway landscaping on the east side of La Honda Drive north and south of Dublin Lane, and the slope/parkway landscaping on Dublin Lane at the entry to Tract 723.

Area measures approximately 37,300 square feet.

Zone 6 – N. Broadway/Brava Place
Located on the east side of North Broadway at the intersection of Brava Place. Improvements to be maintained include parkway landscaping north and south of Brava Place, and parkway landscaping on Brava place adjacent to the environmental channel. Any work done in the portion of the environmental channel flowing through the development, as indicated on the subdivision map, will be billed as extra work and is not part of the monthly maintenance.

Channel maintenance must be preapproved by the Public Works Department and may be Resolution No. 2022-72
Exhibit "A"

29 Item6.
subject to additional environmental requirements and maintenance restrictions. Area measures approximately 2,000 square feet (not including channel maintenance).

Zone 7 – La Honda Drive (South)
Located on the east side of La Honda Drive beginning north of Trujillo Terrace and continuing north up La Honda Drive to the boundary of LMD Zone 5. The improvements to be maintained include the slope/parkway landscaping on the east side of La Honda Drive and the landscaping in a triangular -shaped lot on the comer of MacNaughton Lane and Glasglow Lane. Area measures approximately 23,000 square feet.

Zone 8 – East El Norte Parkway
Located on the south side of El Norte Parkway between Justin Way and Kaile Lane. The improvements to be maintained include parkway landscaping. Area measures approximately 2,722 square feet.

Zone 9 – Laurel Valley
The project areas are within the Laurel Valley subdivision, Tract 655. The area is generally south of Rincon Avenue and on the east and west sides of Ash Street. This tract has 156 single family homes. The improvements to be maintained include 2.31 acres of turf, 1.46 acres of plateau grass, 1.49 acres of landscaped slopes, and 0.12 acres of shrubs/groundcover. Area measures approximately 234,353 square feet.

Zone 11 – Parkwood
Located on the north side of Rincon Avenue, south of Cleveland Avenue and east and west of Conway Drive. The improvements to be maintained include landscaping around the perimeter of the Parkwood development, median landscaping on Conway Drive between Rincon Avenue and Cleveland Avenue, open space eucalyptus groves, and a turf lined drainage channel. Area measures approximately 687,000 square feet.

Zone 12 – Reidy Creek Environmental Channel
The Reidy Creek Environmental Channel generally lies west of Centre City Parkway, north of Lincoln Avenue, and south of El Norte Parkway. The improvements to be maintained include the grass-lined slopes of the Reidy Creek Channel, including all shrubs and trees on the slopes.

Channel bed maintenance is not part of the monthly maintenance and will be billed as an extra.

Channel bed maintenance must be preapproved by the Public Works Department and may be subject to additional environmental requirements and maintenance restrictions. This channel is non-irrigated. Area measures approximately 830,000 square feet.

Zone 13 – Centre City Parkway median at Felicita Ave.

Located south of Felicita Avenue extending to approximately 500 feet south of Towne Centre Driveway. The improvement to be is the landscaping which includes trees, shrubs, and ground cover in the median on Centre City Parkway. Area measures approximately 42,500 square feet.

Zone 14 – Lincoln Avenue
Located on the north side of Lincoln Avenue between Fig Street and Grape Street. The improvements to be maintained include the landscaping in the parkway on the north side of Lincoln Parkway adjacent to the homes in Tract 747. Area measures approximately 2,000 square feet.

Zone 15 – Citrus Avenue/Washington Avenue
Located on the east side of Citrus Avenue and the south side of Washington Avenue. The improvements to be maintained include the landscaping in the parkway on the east side of Citrus Avenue and on the south side of Washington Avenue adjacent to the homes in Tract 805. Area measures approximately 7,000 square feet.

Resolution No. 2022-72
Exhibit "A"

30 Item6.

Zone 16 – N. Broadway/Trellis Lane
Located on the east side of North Broadway at the intersection of Trellis Lane. The improvements to be maintained include the parkway landscaping on the east side of North Broadway and the south side of Trellis Lane adjacent to the homes in Tract 741.

Area measures approximately 1,200 square feet.

Zone 17 – El Norte Parkway/Creekside
Located on the north side of El Norte Parkway east of Kaile Lane. The improvements to be maintained include parkway landscaping on the north side of El Norte Parkway and the east side of Kaile Lane. Area measures approximately 6,240 square feet.

Zone 18 – East Valley Parkway/Wanek Road
Located on East Valley Parkway just north of Wanek Road. The improvements to be maintained include parkway landscaping on the west side of East Valley Parkway north of Wanek Road adjacent to Tract 818. Area measures approximately 1,265 square feet.

Zone 19 – Brookside I and II
Located north of Rincon Avenue, east of North Broadway Avenue, west of Conway Drive, and south of North Avenue in Tracts 819 and 844. Area measures approximately 448,000 square feet.

Zone 20 – Citracado Parkway
Located on Citracado Parkway south of Greenwood Place adjacent to Tract 817. The improvements to be maintained include slope/parkway landscaping on the north, east and west sides of Citracado Parkway adjacent to Tract 817. Area measures approximately 20,750 square feet.

Zone 21 – El Norte Parkway/Greenway Rise
Located on East El Norte Parkway east of Greenway Rise adjacent to Tract 823. The improvements to be maintained include slope/parkway landscaping on the north side of East El Norte Parkway adjacent to Tract 823. Area measures approximately 6,000 square feet.

Zone 22 – El Norte Parkway/Woodland Parkway
Located on W. El Norte Parkway and Woodland Parkway adjacent to Tract 808. Improvements to be maintained include slope/parkway on the north side of West El Norte Parkway and the east side of Woodland Parkway adjacent to Tract 808. Area measures approximately 9,660 square feet.

Zone 23 – Harmony Grove
Located on Harmony Grove Road south of Princess Kyra Place adjacent to Tract 837.

Improvements to be maintained include parkway landscaping on the north side of Harmony Grove Road east and west of Princess Kyra Place. Area measures approximately 2,270 square feet.

Zone 24 – Encino Drive/Juniper Street
Located on Encino Drive adjacent to Tract 824 and on Juniper Street adjacent to Tract 845. The improvements to be maintained include slope/parkway landscaping on the west side of Encino Drive north and south of Amparo Court, a detention basin near the southwest comer of Encino Drive/Amparo Court, slope/parkway landscaping on the east side of Juniper Street north and south of Amparo Drive and a detention basin on the northeast comer of Juniper Street/Amparo Court. Area measures approximately 85,365 square feet.

Resolution No. 2022-72
Exhibit "A"

31 Item6.

Zone 25 – El Norte Parkway
Located on East El Norte Parkway west of Kaile Lane adjacent to Tracts 787R, 821, and 847.

Improvements to be maintained include parkway landscaping on the north side of El Norte Parkway adjacent to Tracts 787R, 821, and 847. Area measures approximately 6,216 square feet.

Zone 26 – Fig Street/Jets Place
Located on the east side of Fig Street just north of Stanley Court adjacent to Tract 856.

Improvements to be maintained include parkway and drainage landscaping on the east side of Fig Street north and south of Jets Place adjacent to Tract 856. Area measures approximately 1,836 square feet.

Zone 27 – Washington Hills
Located on the north and south sides of El Norte Parkway and the north side of Washington Avenue. Improvements to be maintained includes the parkway landscaping adjacent to the Chaparral Ridge and Chaparral Glen Development. Area measures approximately 29,903 square feet.

Zone 28 – Eureka Springs
Located on the north side of El Norte Parkway from Key Lime Way to East Valley Parkway, on the west side of East Valley parkway from El Norte Parkway to Beven Drive, on the east side of EI Norte Parkway from Eureka Drive to Beven Drive, and in the Median from El Norte Parkway to Beven Drive. Improvements include trees, shrubs, turf, and groundcover. Area measures approximately 287,000 square feet.

Zone 29 – Felicita Road
Located on the west side of Felicita Road, north and south of Rockwell Springs Court adjacent to Tract 861. Improvements to be maintained includes parkway and drainage landscaping. Area measures approximately 4,578 square feet.

Zone 32 – Washington Hills II (Chaparral Creek)
Located on the south side of Washington Ave., east and west of Trovita Court. Improvements to be maintained include parkway landscaping. Area measures approximately 875 square feet.

Zone 33 – El Norte Parkway/Midway Drive
Located on the north side of El Norte Parkway, east and west of Midway Drive. Improvements to be maintained include slope, parkway, and drainage landscaping on El Norte Parkway and Midway Drive adjacent to Tract 883. Area measures approximately 4,000 square feet.

Zone 34 – Idaho Ave./Purdum Lane
Located on the north side of Idaho Ave., west of Purdum Lane. Improvements to be maintained include slope, parkway, and drainage landscaping. Area measures approximately 7,000 square feet.

Zone 35 – Hamilton Lane
Located on the south side of Hamilton Lane east and west of Hamilton Place adjacent to Tract 889. Improvements to be maintained include parkway and drainage landscaping. Area measures approximately 5,550 square feet.

Zone 38 – Campbell Place
Located on the west side of Citrus Avenue, south of East Washington Avenue and north of the Flood Control Channel. Improvements to be maintained include parkway and drainage landscaping. Area measures approximately 2,000 square feet.

Resolution No. 2022-72
Exhibit "A"

32 Item6.

C. Services

1. Services Generally

Landscape maintenance services for each LMD zone described in Section B shall include mowing, edging, weeding, fertilizing, litter control, debris removal, maintenance of all plants, maintenance of the irrigation systems, and the replacement of any damaged or vandalized irrigation equipment or plant material.

Contractor will be responsible for the replacement of any damaged plant materials caused by negligence from Contractor at Contractor's sole expense.

Contractor shall provide all equipment, materials, supplies and labor to successfully carry out the requirements of this Fourth Amendment.

Contractor shall conduct the work at all times in a manner which will not interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets.

By signing this Fourth Amendment, Contractor acknowledges and warrants that it has visited the locations described in Section B and is fully acquainted with the conditions and difficulties attending the performance of this Fourth Amendment. No additional compensation or relief from any obligations of this Fourth Amendment will be granted because of Contractor’s lack of knowledge of the sites or conditions under which the work will be accomplished.

2. Irrigation System Services

Contractor shall maintain the entire irrigation system at each zone described in Section B .

Irrigation system maintenance services include the replacement, repair, adjustment, and monitoring of the system to assure continued operation. The controllers and valve boxes shall be kept clean of soil and debris. Water usage shall not exceed the amount required to comply with irrigation schedules established by Contractor and approved by the City. The irrigation controllers shall be turned off prior to expected rain events resulting in enough rainfall to constitute a watering schedule. After a rain event the water must remain off for a minimum of 48 hours, after such time it is the responsibility of C ontractor to turn the water back on and make any necessary adjustments to the irrigation controller to accommodate future watering needs. Contractor shall be responsible and liable for any damages to public or private property resulting from excessive irrigation water runoff. A deduction from Contractor's monthly payment can be made if repairs are not made in a timely manner satisfactory to the City.

Contractor shall inspect and test the operation of the irrigation system twice per month for any malfunction. Contractor shall develop, publish, and submit inspection reports to the City for its records.

All repairs and replacement parts shall conform to the type and kind of the existing system.

Any deviation must have prior approval from the City. All repairs shall be made within 72 hours of notification to Contractor by the City. Repairs must be completed before the next watering cycle begins.

Labor for incidental sprinkler repairs, such as repairs to valves, and irrigation equipment beyond the valve, will be included in the contract price of this Fourth Amendment. The City will reimburse Contractor for the cost of the parts for these repairs.

Resolution No. 2022-72
Exhibit "A"

33 Item6.

Major repairs, such as valve replacement, mainline breaks, wiring, and controllers; will be billed as extra work for parts and labor upon authorization of the Public Works Director or their designee.

The City will be responsible for backflow repairs and certification tests. Sites using recycled water require special training and certification of employees. Contractor must possess this certification in order to comply with recycled water regulations.

The City will be notified of any changes in the irrigation schedule within 72 hours of said change. Any modification to this irrigation schedule reporting requirement will require approval from the Public Works Director or their designee.

3. Pruning and Edging Services

Contractor shall be responsible for the pruning of all shrubs and groundcover in the work area to maintain plants in a healthy, growing condition. Dead or damaged limbs or branches shall be removed immediately and all pruning cuts shall be made cleanly with sharp pruning tools, with no projections or stubs remaining. All pruning shall be accomplished in a manner, which will permit the plants to grow naturally in accordance with their normal growth characteristics. Shearing or severe pruning of plants will not be permitted unless directed by the Director of Public Works or their designee. All groundcover shall be edged as needed but not to exceed 3 inches to prevent overgrowth on curb or sidewalk line. All plant growth shall be prevented from entering onto walkways, roadways, hard surface areas, and along fences and walls. Edging by chemical methods around trees, shrubs and along fence lines is approved as long as it does not adversely affect adjacent private landscaping.

4. Tree Maintenance Services

All trees shall be maintained in their natural shapes. All pruning shall be done according to the International Society of Arboriculture and shall be limited to removal and disposal of any dead or broken branches and any sucker growth located in or on the tree. A minimum clear area of 6 feet shall be maintained under all tees. Young trees shall be thinned and shaped as needed to promote a strong healthy structure. Mature trees and those in excess of 20 feet in height shall be pruned and shaped up to 12 feet in order to maintain a clean appearance. Tree work above 12 feet shall be considered extra work and may be contracted out to tree trimming companies if necessary. Contractor shall maintain all tree stakes and supports. Trees shall be maintained in an erect, upright manner and shall be staked as necessary to maintain this position. Contractor shall remove or loosen any and all stakes and ties whenever girdling is causing damage to the trunk. Trees lost from Contractor's negligence shall be removed and replaced by Contractor with a like size and species at no cost to the City.

5. Mowing, Edging, and Channel Maintenance Services

Turf areas shall be mowed per the following schedule:
• March-November: Weekly (total of 40 mowings)
• December-February: Every two weeks (total of seven mowings)

Mowing height shall be determined by the turf type, time of year, and by the Director of Public Works or their designee.

Contractor shall be responsible for edging all turf grass areas. All turf grass shall be edged along sidewalks, walls, fences, planters, rocks, paved and hard surface areas and other Resolution No. 2022-72
Exhibit "A"

34 Item6.
features every two weeks or as needed so as not to exceed 3 inches in length over curbs or onto sidewalks.

The following zones have specific mowing and maintenance requirements:

LMD ZONE 9 - LAUREL VALLEY
Mowing of turf grass areas shall normally occur once a week in areas designated as "A” “turf areas” and once a month in areas designated as "B" “plateau grass areas ” (see page 10 of Exhibit 1). Edging along sidewalks, walls, fences, planters, rocks, paved and hard surfaces and other features shall be done at time the turf grass is mowed. Slope areas designated as "C" “slope areas” shall be weed whipped once a month.

Groundcover slope areas designated as "D" “shrub/groundcover areas” shall be kept thriving and relatively weed free.

LMD ZONE 11 - PARKWOOD
The storm drain channels up to the main channel crossing at Conway Drive shall be kept clean of all debris, sedimentation and unwanted vegetation. The open space areas identified as lots 40, 88A, 888, 130, 225, and 262 shall be mowed per the following schedule:
• March- November: Every two weeks (total of 20 mowings). • December-February: One time per month (total of 3 mowings).

The annual grasses and weeds in the open space areas identified as lots 60 and 169 that contain eucalyptus groves will be mowed twice during the year at a time specified by the Director of Public Works or their designee. This normally will occur during the spring and early summer months.

LMD ZONE 12 - REIDY CREEK
All culverts and drains in the Reidy Creek Environmental Channel shall be kept clean of all debris. Plant material, such as cattails, woody plants, and grasses that impede water flow will be removed from culverts and drains. All groundcover areas in the Reidy Creek environmental channel shall be mowed nine times per year. The actual schedule for these mowings will be coordinated with the Director of Public Works or their designee.

LMD ZONE 19 - BROOKSIDE I and BROOKSIDE II
Mowing of turf grass areas shall normally occur once a week. Edging along sidewalks, walls, fences, planters, rocks, paved and hard surfaces, and other features shall be done each time the turf grass is mowed.

6. Removal of Trash and Debris

Promptly after the mowing, trimming, raking, weeding, edging, and other work required under this Fourth Amendment, Contractor shall remove all debris generated by the performance of the work. Immediately after working in the areas of public walks, driveways, or paved areas, areas shall be cleaned to be free of clippings and other debris. All areas covered by this Fourth Amendment will be kept free of, but not limited to, the following: bottles, cans, paper, cardboard, metallic items, debris, and trash. Litter must be removed at a minimum of two times per week (each Monday and Thursday) for the following main LMD thoroughfares:
• Broadway (Zones 6, 16, and 19)
• Center City Parkway (Zone 13)
• Valley Parkway (Zones 3, 18, and 28)
• El Norte Parkway (Zones 4, 8, 17, 21, 22, 25, 27, 28, and 33) • Washington Ave. (Zones 15 and 32)
• Via Rancho Parkway (Zone 1)
Resolution No. 2022-72
Exhibit "A"

35 Item6.

7. Weed Control

All landscape areas within the specified maintenance area shall be kept free of weeds.

Weeds shall be controlled by hand or mechanical methods. Herbicides may be used for weed control upon prior approval of the City's Director of Public Works or their de signee.

The cost of herbicides and application labor is the responsibility of C ontractor. All noxious plant materials such as, but not limited to, poison oak, shall be removed immediately by an approved method. Weeds and plant material removed shall be disposed by Contractor off - site.

8. Disease and Pest Control

Contractor shall regularly inspect all plants for presence of disease or insect infestation.

Contractor shall advise the City of disease or infestation and specify control measures to be taken. Upon approval, Contractor shall implement the approved control measures exercising extreme caution in the application of spray material, dusts, or other materials utilized. This work will be considered an extra and may be billed as such with prior approval of the cost by the City. Contractor shall utilize all safeguards necessary during disease or insect control operations to ensure the safety of the public and employees of Contractor.

Care shall be taken that no puddles or pools of water that contain chemical residue remain after completion of applications of any harmful chemicals. Also, no permanent sterilant chemicals shall be used. No chemicals shall stain or cause to stain any concrete, brick, boulders, rocks, pavement, controllers, or landscape plant material, or cause damage to same. Contractor shall hold the City harmless for any damage and will repair or replace, as applicable, any damage caused by the use of chemicals.

Contractor shall possess a valid Qualified Applicator License or Maintenance Gardener License issued by the State of California and be registered with the San Diego County Agricultural Commissioner's Office. A Qualified Applicator License is required to apply restricted materials. It is the responsibility of C ontractor to possess the correct necessary licenses to apply the effective product.

9. Replacement of Plant Material

Dead plant material must be reported to the City within 48 hours. The plant must be removed and replaced within seven days after City's approval of the w ork. Contractor shall replace, at Contractor's sole cost, any tree, shrub, or ground cover plant, which is damaged or lost as a result of faulty maintenance. Any plant damaged or lost by conditions or circumstances beyond Contractor's control shall be replaced at City expense by Contractor after approval by the City.

In order to ensure maximum healthy growth and overall aesthetic appearance of plantings in the work area, it may be desirable to replace certain plants. The City shall determine the necessity or desirability of such plant replacement. Contractor will be responsible for the maintenance of the replacement plants at no extra cost to the City.

10. Fertilization

All planted areas shall receive two applications of fertilizer per year. Turf areas shall receive four applications of fertilizer per year. Fertilizer shall be delivered to the site in the original unopened container, bearing the manufacturer's guaranteed analysis. Any fertilizer that becomes caked or damaged, making it unsuitable for use, will not be accepted. Immediately following application at each site, the fertilizer shall be thoroughly watered into the soil.

Resolution No. 2022-72
Exhibit "A"

36 Item6.

Contractor shall notify the City with a written schedule one week prior to the date of the application. The fertilizer shall be a complete fertilizer with micronutrients, evenly broadcast at the rate recommended on the manufacturer's label.

11. Inspection by the City

The City shall conduct regularly scheduled inspections. Reports depicting any and all deficiencies will be shared with Contractor as they arise. Monthly meetings will be scheduled between the City and Contractor to discuss the overall landscape condition, including, but not limited to: plant vigor, watering schedules, presence of weeds, litter and debris, pesticide use and program, and mowing schedules. Contractor shall correct discrepancies and deficiencies within seven days of the date of notice by the City. Maintenance services performed by Contractor shall be performed to the satisfaction of the Public Works Director or their designee.

12. Failure to Perform Satisfactorily

The City may deduct from Contractor's monthly payment for instances where Contractor has failed to meet the work schedule or provide the required services. The City will contact Contractor by email or letter stating there has been a violation in the contracted work schedule and/or a failure to meet maintenance standards. The City will give Contractor three days to make the correction unless additional time is approved by the City. Failure to make the correction may result in a deduction in payment equal to the cost of the City making the corrections through the use of City labor or a third- party contractor. If correction costs exceed the contract payment, the City may bill Contractor for costs incurred in making corrections. Subsequent violations may result in the City terminating this Fourth Amendment. The City will notify Contractor prior to any deductions to allow for explanations.

13. Emergency Calls

Contractor shall maintain the capability to receive and immediately respond to call s of an emergency nature during normal working hours and outside normal working hours. Calls of an emergency nature received by the City's Public Works Director or their designee shall be referred to Contractor for immediate disposition.

14. Personnel, Training, and License Requirements

All times while providing services under this Fourth Amendment, Contractor must have a valid and current:
• C- 27 license at all times will providing services under this Fourth Amendment; and • Qualified Applicator License or Maintenance Gardener License issued by the State of California and be registered with the San Diego County Agricultural Commissioner's Office.

Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing, on schedule and to the satisfaction of the City, all work required under this Fourth Amendment during the regular and prescribed hours. All such personnel shall be physically able to do their assigned work. Contractor and its employees shall conduct themselves in a proper and efficient manner at all times and shall cause the least possible annoyance to the public. They shall be fully clothed in suitable uniform attire with a company- identifying marker. The City shall require Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interests of the City.

Contractor shall have competent supervisors, and foremen, who may be working Resolution No. 2022-72
Exhibit "A"

37 Item6.
supervisors, who are capable of discussing in English matters pertaining to this Fourth Amendment. Adequate and competent supervision shall be provided for all work done by Contractor's employees to ensure accomplishment of high-quality work, which is acceptable to the City.

15. Vandalism and Theft

Contractor will be responsible for repairing and/or replacing irrigation equipment and plant materials that are damaged by vandalism, theft, or circumstances beyond the control of Contractor. The damaged material shall be inspected in place by the Public Works Director or their designee to verify the circumstances of the damage. The City will reimburse Contractor upon receipt of an approved invoice from Contractor itemizing the labor and materials involved. Compensation for materials shall be the wholesale cost of the items plus 15% for Contractor's cost of handling.

D. Scheduling

Inquires relating to this Fourth Amendment, including scheduling and coordination, Contractor may be directed to Jerry Dunaway at 760-839-4253 or [email protected].

Work shall be performed between the hours of 7 a.m. and 6 p.m., Monday through Friday. No maintenance functions or other services provided under this Fourth Amendment shall be commenced before 7 a.m., except in the case of a situation deemed emergency in nature with the prior approval of the Director of Public Works or their designee.

E. Contract Price and Payment Terms

Pursuant to this Fourth Amendment, the City will compensate Contractor an additional amount not to exceed the sum of $238,003.92. Pursuant to this Fourth Amendment, the combined total contract price the Public Services Agreement dated June 26, 2018 ($ 476,007.84), First Amendment dated July 2, 2018 ($0), Second Amendment dated July 23, 2020 ( $238,003.92), Third Amendment dated June 9, 2021 ( $238,003.92), and this Fourth Amendment ($238,003.92) shall be $1,190,019.60.

Contractor shall be paid monthly for work performed satisfactorily under this Fourth Amendment.

At the completion of each month, Contractor shall submit a detailed report of maintenance performed. This report shall be accompanied by a billing in accordance with the contract price for the work performed and shall become the basis for payment.

F. Term

The term of this Fourth Amendment shall be from the Effective Date through June 30, 2023.

Services under this Fourth Amendment shall commence on July 1, 2022.

G. Traffic Control

Contractor will be responsible for providing and employing approved traffic control methods established for the conditions under which the Contractor is working, i.e. parkways and medians.

Resolution No. 2022-72
Exhibit "A"

38 Item6.
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NUTMEG
HALE
17TH

MISSION
GRAND

SAN PASQUAL VALLEY
CENTRE
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OLD VIA RANCHO

WASHINGTON

JUNIPER

EL NORTE

OAK HILL
IDAHO

H ARMONY
G
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METCALF

SHERIDAN
9TH

DEL DIOS
SUNSET

JESMOND DENE
MIDWAY

AVENIDA DEL DIABLO
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ANDREASEN
11TH
GRAND
ELM
5TH
13TH
VISTA
ASH
KAUANA
LOA

WEST CITRACADO

NORDAHL

AUTOPARK

ROCKSPRINGS

JUNIPER
ASH
MARY
CITRUS
2ND

AUTOPARK
HALE

CITRACADO
9TH

LINCOLN
CONWAY
WANEK
B EAR
VALLEY

BENNETT

SAN PASQUAL

AUTOPARK
ROSE
NORTH
VALLEY
CENTER

MOUNTAIN VIEW
RINCON
SR-78 WB
SAN

PASQUAL
SR-78 EB
IDAHO
I-15 NB
I-15 SB
SR-78
I-15
NB
OFF

BEAR VALLEY

CHESTNUT

FELICITA

ESCONDIDO

BROADWAY

BROADWAY
LA
HON
DA
VALLEY

OLD SANPAS
QU
AL
IRIS
IVY
TULIP
SUMMIT
SUMMIT
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OLDEN CIRCLE
LAK
E

DEL DIOS

LAHON DA
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LA

TERRAZA

COUNTRY
CLUB
DAVID
1 2
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11 12
13 14
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37 38
City of Escondido
Landscape Maintenance District
City Boundary
Major Roads
Roads
!( LMD Zones1
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0 0.50.25
Miles
S:\GIS\Projects\Engineering\Schmitz0413\Landscape_maint.mxd Zone Tract/Location
934, Gamble
947, Bernardo/Hamilton
889, Stanley/Lehner
2 695, Nutmeg
1 525, Rancho Verde
3 708, 11th and Valley
4 721, El Norte/Rees
5 723, La Honda
7 733R, La Honda
8 789, E. Washington
9 655, Laurel Valley
10 Country Club
11 583, Parkwood
12 Reidy Creek
13 CCP @ Felicita
14 747, Lincoln
15 805, Citrus
17 800, E. Washington
18 818, E. Valley/Wanek
19 819, 844, Brookside
20 817, Citracado
21 823, El Norte/Greenway
22 808, El Norte/Woodland
23 837, Harmony Grove
24 824, Encino Drive
26 856, Fig/Jets Place
27 850, Washinton Hills I
28 839, Eureka Ranch
29 861, Felicita Road
30 880, Fig
31 834, Citracado Parkway
32 881, Washinton Hills II
33 883, El Norte/Midway
34 901, Idaho/Purdum
36 37
35 25 821, 847, 787R, Washington
16 741, N. Broadway/Trellis
6 611R, N. Broadway/Brava
38 888, Campbell Place
Resolution No. 2022-72
Exhibit "A"

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STAFF REPORT

July, 20th, 2022
File Number 0800-20

SUBJECT

FINAL MAPS UNDER CONSIDERATION FOR APPROVAL

DEPARTMENT
Development Services, Engineering

BACKGROUND
The following Final Maps have been filed for approval by the City Engineer in accordance with Ordinance 2022-02: Tract PL21-0056 on La Lomita Drive.

No materials necessary for this item.

75 Item7.

STAFF REPORT

July 20, 2022
File Number 0685-10

SUBJECT
SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (HIDDEN TRAILS)

DEPARTMENT
Finance

RECOMMENDATION
Request the City Council adopt Resolution 2022-86, setting the Special Tax Levy for Community Facilities District No. 2000-01 (Hidden Trails)(the “District”) for Fiscal Year 2022-23 Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance

FISCAL ANALYSIS
A Special Tax is levied annually on land within Community Facilities District No. 200 0-01 (Hidden Trails) and collected through the County of San Diego Treasurer -Tax Collector’s Office. The funds from the Special Tax are used to meet debt service obligations from the issuance of bonds and fund administrative expenses for the District.

PREVIOUS ACTION

The City Council approved the establishment of Community Facilities District No. 2000-01 (Hidden Trails) on September 20, 2000, and has annually thereafter adopted a resolution setting the annual Special Tax Levy. Prior year’s Resolution No. 2021-75 was adopted on July 21, 2021.

BACKGROUND
At the request of the property owner/developer and pursuant to the City’s Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts, Community Facilities District No. 2000 -01 (Hidden Trails ) was formed and bonds issued for the purpose of acquiring certain backbone facilities including street, water and sewer facilities which were constructed within the Hidden Trails development as authorized in Section 6 of the Resolution of Formation No. 20 00-241R adopted in March of 2000. As required, the proceeds of the bonds were used only for such authorized purposes. As of September 30, 2005, all proceeds were expended, and the projects completed. As of July 1, 2022, $1,500,000 of principal remain outstanding and the bonds mature on September 1, 2031. 76 Item8.

According to the Rate and Method of Apportionment of Special Taxes for Community Facilities District No. 2000-01 (Hidden Trails), a Special Tax shall be levied annually on land within the District and collected in the same manner and at the same time as ordinary ad valorem property taxes . The City is responsible for annually determining the Special Tax liability for each parcel within the District and for providing this information to the County of San Diego in August of every year.

A Maximum Special Tax Rate was established for developed residential property and undeveloped property. The amount of the Maximum Special Tax Rates and Proposed Actual Special Tax Rates for Fiscal Year 2022/23 are attached as Exhibit “A” to Resolution No. 2022-86.

A comparative analysis of the annual Special Tax Levy Calculation for Fiscal Year 2022/23 is presented on Attachment “1”. As noted in the analysis, the 202 2-23 Special Tax Levy requirement increased from $207,378.16 by 1.55% in the amount of $3,183.02 or an average of $10.98 per parcel.

Actual cash resources available for the FY2022/23 levy are estimated to be approximately $14,000 greater than the amount used in the calculation of the FY2022/23 tax levy. The additional available cash is not used in the current year levy calculation, as the use of all available cash for the FY2022/23 levy would result in very large variances in the levy from this year to next (a large levy decrease in current yea r and then a subsequent year large levy increase). The additional $14,000 in available cash resources will be used in the levy calculations of the future tax years.

RESOLUTIONS
A. Resolution No. 2022-86
B. Resolution No. 2022-86 Exhibit “A” CFD 2000-01 (Hidden Trails) Special Tax Rates

ATTACHMENTS
A. Attachment “1” - CFD 2000-01 (Hidden Trails) Special Tax Levy Comparative Analysis

77 Item8.

Attachment "1"
Description $ %
Beginning Balance (07/01) $173,278.24 $173,650.43 $175,754.13 Revenue
Special Taxes 206,641.58 205,410.29
Interest 1,199.77 148.92
$207,841.35 $205,559.21 $0.00
Expenditures
Cost of Bonded Indebtedness:

Interest Due 09/01 Reported Fiscal Year 9/1/2020 38,353.13 9/1/2021 36,484.38 9/1/2022 34,471.88 Principal Due 09/01 Reported Fiscal Year 9/1/2020 115,000.00 9/1/2021 115,000.00 9/1/2022 125,000.00 Interest Due 03/01 Reported Fiscal Year 3/1/2021 36,484.38 3/1/2022 34,471.88 3/1/2023 31,971.88 Interest Due 09/01 Pending Year Obligation 9/1/2023 31,971.88 Principal Due 09/01 Pending year Obligation 9/1/2023 125,000.00 Total Principal and Interest Due from Annual Levy $189,837.51 $185,956.26 $348,415.64 Cost of Collection (Proposed Fiscal Year Shown at Maximum) 17,631.65 17,499.25 23,901.85 Available Cash Account Balances to Reduce Levy 14,000.00 $17,631.65 $17,499.25 $37,901.85
Total Annual Expenditures 207,469.16 203,455.51 386,317.49 Ending Balance (6/30) 173,650.43 175,754.13 (210,563.36) Calculated Annual Special Tax Requirement $202,513.36 $204,942.20 $210,563.36 Approved / Proposed Levy as Allocated among 290 Parcels $204,940.34 $207,378.16 $210,561.18 $3,183.02 1.55% Average Levy per Dwelling Unit $706.69 $715.10 $726.07 $10.98 1.55% Change from Prior Year
Actuals
FY 2020-21
Estimated
Actuals
FY 2021-22
Proposed /
Budget
FY 2022-23
City of Escondido CFD 2000-01 (Hidden Trails)
Special Tax Levy Comparative Analysis (Fund 727)
Tax Year 2022-23
DRAFT: 03/05/2021
78 Item8.

RESOLUTION NO. 2022-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ACTING AS LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000 -
01 (HIDDEN TRAILS), PROVIDING FOR THE LEVY OF AN

ANNUAL SPECIAL TAX FOR SUCH COMMUNITY
FACILITIES DISTRICT FOR FISCAL YEAR 2022-23

WHEREAS, the City Council of the City of Escondido , C alifornia (the “Legislative Body”), has initiated proceedings, held a public hearing, conducted an election , and received a favorable vote from the qualifi ed electors to authorize the levy of a Special T ax in a Community Facilities D istrict, all as authorized pursuant to the terms and provisions of the “Mello -Roos Community Facilities Act of 1982 ,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”).

This Community Facilities District is designated as Community Facilities District No . 2000 -01 ( Hidden Trails) (the “District”); and
WHEREAS, this Legislative Body, by the adoption of the Ordinance No. 2000-30 (the “Ordinance”) pursuant to Section 53340 of the Government Code of the State of California, has authorized the levy of Special Taxes (as such term is defined in the Ordinance) within the District to finance authorized facilities; and
WHEREAS, Government Code Section 53340 provides that this legislative body may provide, by resolution, for the levy of the Special Taxes in the current tax year at the same rates or at a lower rate than the rate provided for in the Ordinance, if such resolution is adopted and a certified list of all parcels subject to the Special Tax levy including the amount of the Special Tax to be levied on each parcel for the current tax year (the “Certified Parcel List”) is timely filed by the clerk or other official designated by this legislative body with the Auditor of the County of San Diego (the “County Auditor”) on or before August 10 of the applicable tax year.
79 Item8.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, acting as the legislative body of Community Facilities District No. 2000-01 (Hidden Trails), as follows:

1. That the above recitations are true.

2. That this legislative body hereby authorizes and provides for the levy of the Special Tax within the District on those Taxable Properties (as such term is defined in the Ordinance) within the District for Fiscal Year 2022-23 so long as the rates of such Special Tax are the same rates or lower rates than the rates provided for in the Ordinance. The Proposed Special Tax Rates for the District for Fiscal Year 2022-23 are contained on Exhibit “A” attached to this Resolution and incorporated by this reference.

After adoption of this R esolution, the Finance Director of the City, or Finance Director’s designee, may make any necessary modifications to these Special Tax Rates to correct any errors, omissions or inconsistencies in the listing or categorization of parcels to be taxed or in the amounts to be charged to any category of parcels; provided, however, that any such modifications shall not result in an increase in the Special Tax applicable to any category of parcels and can only be made prior to the submission of the tax rolls to the County Auditor.

3. That the Finance Director is hereby designated and directed to prepare and submit a Certified Parcel List to the County Auditor on or before August 10, or such later date to which the County Auditor may agree, setting forth the amount of the Special Tax to be levied on each Taxabl e Property within the District calculated pursuant to the Ordinance and subject to the limitations set forth in Section 2 above.

4. That th e Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall b e subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Treasurer-Tax Collector of the County of San Diego is hereby authorized to deduct reasonable administrative costs incurred in collecting any said Special Tax.

Any Special Taxes that may not be collected on the County of San Diego (“County”) tax roll shall be 80 Item8.
collected through a direct billing procedure by the Treasurer of the City of Escondido, or his/her designee acting for and on behalf of the District.

5. That the County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the Special Tax.

6. That the County Auditor shall then, at the close of the tax collection period, promptly render to the District a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

81 Item8.

Exhibit “A”
City of Escondido
Community Facilities District 2000-01
(Hidden Trails)
Special Tax Rates for Fiscal Year 2022/23
Land Use
Categories Description
Assigned
Special Tax
Proposed Actual
Special Tax*
Category 1** Residential
Property $0.39 per square foot $0.2708 per square foot
Category 2** Other
Property $2,861 per net acre $1,987 per net acre
Category 3 Undeveloped
Property $3,290 per net acre $0.00 per net acre
* Special Tax rates shown above have been rounded to decimals shown, actual tax rates are not r
ounded.
** The Proposed Actual Special Tax shown above is the authorized levy for the current fiscal year. The submitted actual levy maybe reduced as directed by the Finance Director.

Resolution No. 2022-86
Exhibit "A"

82 Item8.

STAFF REPORT

July 20, 2022
File Number 0685-10

SUBJECT

SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (EUREKA RANCH)

DEPARTMENT

Finance

RECOMMENDATION

Request the City Council adopt Resolution 2022-85, setting the Special Tax Levy for Community Facilities District No. 2006-01 (Eureka Ranch) (the “District”) for Fiscal Year 2022-23.

Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance)

Presenter: Christina Holmes, Director of Finance

FISCAL ANALYSIS

A Special Tax is levied annually on land within Community Facilities District No. 2006 -01 (Eureka Ranch) and collected through the County of San Diego Treasurer -Tax Collector’s Office. The funds from the Special Tax are used to meet debt service obligations from the issuance of bonds and fund administrative expenses for the District.

PREVIOUS ACTION

The City Council approved the establishment of Community Facilities District No. 2006-01 (Eureka Ranch) on September 27, 2006, and has annually thereafter adopted a resolution setting the annual Special Tax Levy. Prior year’s Resolution No. 2021-76 was adopted on July 21, 2021.

BACKGROUND
At the request of the property owner/developer and pursuant to the City’s Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts, Community Facilities District No. 2006 -01 (Eureka Ranch) was formed and bonds were issu ed for the purpose of providing street, storm drain and sewer improvements as well as utility undergrounding within the Eureka Ranch development and East Valley Parkway area as authorized in Section 6 of the Resolution of Formation No. 2006 -227 adopted in September of 2006. As required, the proceeds of the bonds were held in a separate account and used only for such authorized purposes. As of June 30, 2013, all proceeds were expended, and the projects 83 Item9.

completed. As of July 1, 202 2, $11,095,000 of principal remain outstanding and the bonds mature on September 1, 2036.

According to the Rate and Method of Apportionment of Special Taxes for Community Facilities District No. 2006-01 (Eureka Ranch), a Special Tax shall be levied annually on land within the District and collected in the same manner and at the same time as ordinary ad valorem property taxes. The City is responsible for annually determining the Special Tax liability for each parcel within the District and for providing this information to the County of San Diego in August of every year.

A Maximum Special Tax Rate was established for developed residential property and undeveloped property. The amount of the Maximum Special Tax Rates and Proposed Actual Special Tax Rates for Fiscal Year 2022/23 are attached as Exhibit “A” to Resolution No. 2022-85.

A comparative analysis of the annual Special Tax Levy Calculation for Fiscal Year 2022/23 is presented on Attachment “1”. As noted in the analysis, the FY2022/23 Special Tax Levy requirement decreased from $1,057,764.43 by 0.24% in the amount of $2,588.95 or an average of $7.66 per parcel.

The delinquency contingency provision for the FY2022/23 levy calculation decreased by $6,252.05. This decrease was due to realization of a decrease in the actual FY2021/22 delinquency rate (from 1.17% to

0.57%).

RESOLUTIONS
A. Resolution No. 2022-85
B. Resolution No. 2022-85 Exhibit “A” CFD 2006-01 (Eureka Ranch) Special Tax Rates

ATTACHMENTS
A. Attachment “1” - CFD 2006-01 (Eureka Ranch) Special Tax Levy Comparative Analysis 84 Item9.

RESOLUTION NO. 2022-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ACTING AS LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006 -
01 (EUREKA RANCH), PROVIDING FOR THE LEVY OF AN

ANNUAL SPECIAL TAX FOR SUCH COMMUNITY
FACILITIES DISTRICT FOR FISCAL YEAR 2022-23

WHEREAS, the City Council of the City of Escondido , C alifornia (the “Legislative Body”), has initiated proceedings, held a public hearing, conducted an election , and received a favorable vote from the qualif ied electors to authorize the levy of a Special T ax in a Community Facilities D istrict, all as authorized pursuant to the terms and provisions of the “Mello -Roos Community Facilities Act of 1982 ,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”).

This Community Facilities District is designated as Community Facilities District No . 2006 -01 ( Eureka Ranch) (the “District”); and
WHEREAS, this Legislative Body, by the adoption of the Ordinance No. 2006-32 (the “Ordinance”) pursuant to Section 53340 of the Government Code of the State of California, has authorized the levy of Special Taxes (as such term is defined in the Ordinance) within the District to finance authorized facilities; and
WHEREAS, Government Code Section 53340 provides that this legislative body may provide, by resolution, for the levy of the Special Taxes in the current tax year at the same rates or at a lower rate than the rate provided for in the Ordinance, if such resolution is adopted and a certified list of all parcels subject to the Special Tax levy including the amount of the Special Tax to be levied on each parcel for the current tax year (the “Certified Parcel List”) is timely filed by the clerk or other official designated by this legislative body with the Auditor of the County of San Diego (the “County Au ditor”) on or before August 10 of the applicable tax year.
85 Item9.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, acting as the legislative body of Community Facilities District No. 2006-01 (Eureka Ranch), as follows:

1. That the above recitations are true.

2. That this legislative body hereby authorizes and provides for the levy of the Special Tax within the District on those Taxable Properties ( as such term is defined in the Ordinance) within the District for Fiscal Year 2022-23 so long as the rates of such Special Tax are the same rates or lower rates than the rates provided for in the Ordinance. The Proposed Special Tax Rates for the District for Fiscal Year 2022-23 are contained on Exhibit “A” attached to this Resolution and incorporated by this reference.

After adoption of this R esolution, the Finance Director of the City, or Finance Director’s designee, may make any necessary modifications to these Special Tax Rates to correct any errors, omissions or inconsistencies in the listing or categorization of parcels to be taxed or in the amounts to be charged to any category of parcels; provided, however, that any such modifications shall not result in an increase in the Special Tax applicable to any category of parcels and can only be made prior to the submission of the tax rolls to the County Auditor.

3. That the Finance Director is hereby designated and directed to prepare and sub mit a Certified Parcel List to the County Auditor on or before August 10, or such later date to which the County Auditor may agree, setting forth the amount of the Special Tax to be levied on each Taxable Property within the District calculated pursuant to the Ordinance and subject to the limitations set forth in Section 2 above.

4. That th e Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure an d sale in cases of any delinquency for ad valorem taxes, and the Treasurer-Tax Collector of the County of San Diego is hereby authorized to deduct reasonable administrative costs incurred in collecting any said Special Tax.

Any Special Taxes that may not be collected on the County of San Diego ( “County”) tax roll shall be 86 Item9.
collected through a direct billing procedure by the Treasurer of the City of Escondido, or his/her designee acting for and on behalf of the District.

5. That the County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the Special Tax.

6. That the County Auditor shall then, at the close of the tax collection period, promptly render to the District a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

87 Item9.

Attachment "1"
Description $ %
Beginning Balance (07/01) $805,413.50 $839,320.92 $828,465.57 Revenue
Special Taxes 1,084,100.74 1,058,917.23
Interest 5,202.88 696.17
$1,089,303.62 $1,059,613.40 $0.00
Expenditures
Cost of Bonded Indebtedness:

Interest Due 09/01 Reported Fiscal Year 9/1/2020 277,600.00 9/1/2021 268,000.00 9/1/2022 258,000.00 Principal Due 09/01 Reported Fiscal Year 9/1/2020 480,000.00 9/1/2021 500,000.00 9/1/2022 525,000.00 Interest Due 03/01 Reported Fiscal Year 3/1/2021 268,000.00 3/1/2022 258,000.00 3/1/2023 244,875.00 Interest Due 09/01 Pending Year Obligation 9/1/2023 244,875.00 Principal Due 09/01 Pending year Obligation 9/1/2023 550,000.00 Total Principal and Interest Due from Annual Levy $1,025,600.00 $1,026,000.00 $1,822,750.00 Cost of Collection (Proposed Fiscal Year Shown at Maximum) 29,796.20 44,468.75 54,911.43 Contingency for Delinquency (Proposed Current Year Only) - - 5,980.42 29,796.20 $44,468.75 $60,891.85
Total Annual Expenditures 1,055,396.20 1,070,468.75 1,883,641.85 Ending Balance (6/30) 839,320.92 828,465.57 (1,055,176.28) Calculated Annual Special Tax Requirement $1,053,501.35 $1,060,547.72 $1,055,176.28 Approved / Proposed Levy as Allocated among 338 Parcels $1,060,547.18 $1,057,764.43 $1,055,175.48 ($2,588.95) -0.24% Average Levy per Dwelling Unit $3,137.71 $3,129.48 $3,121.82 ($7.66) -0.24% Change from Prior Year
Actuals
FY 2020-21
Estimated
Actuals
FY 2021-22
Proposed /
Budget
FY 2022-23
City of Escondido CFD 2006-01 (Eureka Ranch)
Special Tax Levy Comparative Analysis (Fund 728)
Tax Year 2022-23
88 Item9.

Exhibit “A”

City of Escondid
o
Commu
nity Facilities District No. 2006-01
(Eureka
Ranch)
Special
Tax Rates for Fiscal Year 2022/23
Ta
x Class
Building
Square
Fo
otage
(“BSF
”)
Assigned
Special
Tax
Proposed Actual

Special
Tax*
Residen
tial Property**:

Tax Class 1 > 3,6
00 $1.2
14 per BSF $0.9238 per BSF
Tax Class 2 3,25
1 – 3,600 $1.2
75 per BSF $0.9702 per BSF
Tax Class 3 2,85
1 – 3,250 $1.3
50 per BSF $1.0273 per BSF
Tax Class 4 2,55
1 – 2,850 $1.4
07 per BSF $1.0707 per BSF
Tax Class 5 < 2,55
0 $1.5
26 per BSF $1.1612 per BSF
Non-Residential Pr
operty**:

Tax Class 6 NA $20,
750.00 per Acre $15,789.58 per Acre
Undevelope
d Property NA $20,
750.00 per Acre $0.0
0 per Acre
* Sp
ecial Tax Rates shown above have been rounded to decimals shown, actual tax rates are not rounded. ** T
he Proposed Actual Special Tax shown above is the authorized levy for the current fiscal year. The submitted actual levy may be reduced as directed by the Finance Director.

Resolution No. 2022-85
Exhibit "A"

89 Item9.

STAFF REPORT

July 20, 2022
File Number 0685-10

SUBJECT
SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2020-1 (Public Services)

DEPARTMENT
Finance

RECOMMENDATION
Request the City Council adopt Resolution 2022-87, setting the Special Tax Levy for Community Facilities District No. 2020-1 (“Public Services CFD”) for Fiscal Year 2022/23 Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance

FISCAL ANALYSIS
A special tax is levied annually on real property within the Community Facilities District No. 2020-1 and is collected through the County of San Diego Treasurer-Tax Collector’s Office. The proceeds from the special tax are used to provide public services including public safety, maintenance, administration, community development and services provided by the City of Escondido (“City”).

PREVIOUS ACTION
On May 13, 2020, th e City Council adopted Resolution No. 2020 -44 approving the establishment of Community Facilities District No. 2020-1 and authorizing the Council to adopt annually a resolution setting the Special Tax Levy.

On Jul 21, 2021, the City Council adopted Resolution No. 2021 -77, setting the Special Tax Levy for Community Facilities District No. 2020 -1 for F Y2021/22 on 216 developed lots located in The Villages Project.

BACKGROUND
As a part of the City’s ongoing efforts to address projected budget shortfalls, the City contracted with Keyser Marston Associates, Inc. (“KMA”) on January 15, 2020, to complete a Fiscal Impact Analysis (“FIA”) for new residential development. KMA reviewed the City’s FY2019/20 budget to determine the per capita cost of providing municipal services for new residential development involving Police, Fire, Public Works, Community Services, and General Services (support departments). 90 Item10.

The FIA determined that the per capita cost of providing municipal services for new residential development exceeds the anticipated revenue received, including property taxes, property tax in lieu of Vehicle License Fees (“VLF”), intergovernmental, property transfer tax, fines, forfeitures, permits, licenses, and sales tax generated by new residents. Based on these findings, the current structural budget deficit is anticipated to increase with each new residential development project.

On May 13, 2020, CFD No. 2020 -1 was formed and established a CityWide Public Services CFD with the goal of making new development revenue neutral. The Public Services CFD provides a streamlined way for projects to offset their impact to ongoing public ser vices through a special tax levied on the annual property tax bill. Voluntary annexation of a development to the Public Services CFD occurs by resolution of the City Council.

The special tax rate s are governed by the Rate and Method of Apportionment of S pecial Tax ("RMA") established at the time CFD No. 2020-1 was formed. The special tax rates were calculated at the time of formation based on the cost of providing public services, less revenue generated by the development for various classifications of residential property, or Land Use Category. The projected annual costs of Public Services provided to CFD No. 2020 -1 were between $536 and $783 per residential dwelling unit in 2020 dollars. The special tax rates for the Public Services CFD escalates at t he maximum rate of inflation as determined by the Consumer Price Index and at the minimum rate of 2% per year. The applicable increase for the current year is the change in CPI of 5.20807%.

The City’s cost of providing municipal services , including Police, Fire, Public Works, Community Services, and General Services, has increased since the special tax rates were calculated in FY2019/20. The FY2022/23 General Fund Operating Budget increased by 7% compared to the prior fiscal year. Although projected Operating Revenue increased by 8%, the General Fund Operating Budget does not account for the unfunded annual maintenance costs exceeding approximately $8.0 million for CityWide parks, streets, building, and fleet maintenance/replacement. As a result of th e increasing costs of providing municipal services, the proposed special tax rates listed in Exhibit “A” to Resolution No. 2022-87 support the change in CPI of 5.20807% from the prior fiscal year.

Prior to July 30 of each year, the special tax levy will be set by the City Council for all properties within the Public Services CFD that have received a building permit as of March 1 of that year. There are 437 developed lots located within CFD No 2020-1 that had building permits issued before March 1, 2022, that will be assessed the Special Tax Levy in FY2022/23.

The services to be funded through the Public Services CFD include public safety, maintenance, and administrative expenses for services provided by the City.

91 Item10.

RESOLUTIONS
A. Resolution No. 2022-87
B. Resolution No. 2022-87 Exhibit “A” Special Tax Rates for FY2022/23

92 Item10.

RESOLUTION NO. 2022-87

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ACTING AS LEGISLATIVE BODY
OF COMMUN ITY FACILITIES DISTRICT NO. 2020-1
(PUBLIC SERVICES), PROVIDING FOR THE LEVY OF AN

ANNUAL SPECIAL TAX FOR SUCH COMMUNITY FACILITIES
DISTRICT FOR FISCAL YEAR 2022/23

WHEREAS, the City Council of the City of Escondido , C alifornia (the “Legislative Body”), has initiated proceedings, held a public hearing, conducted an election , and received a favorable vote from the qualified electors to authorize the levy of a Special T ax in a Community Facilities D istrict, all as authorized pursuant to the terms and provisions of the “Mello -Roos Community Facilities Act of 1982 ,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”).

This Community Facilities District is designated as Community Facilities District No . 2020-1 (Public Services) (the “District”); and
WHEREAS, this Legislative Body, by the adoption of the Ordinance No. 2020-1 (the “Ordinance”) pursuant to Section 53340 of the Government Code of the State of California, has authorized the levy of Special Taxes (as such term is defined in the Ordinance) within the District to finance authorized facilities; and
WHEREAS, Government Code section 53340 provides that this legislative body may provide, by resolution, for the levy of the Special Taxes in the current tax year at the same rates or at a lower rate than the indexed rates provided for in the Ordinance, if such resolution is adopted and a certified list of all parcels subject to the Special Tax levy including the amount of the Special Tax to be levied on each parcel for the current tax year (the “Certified Parcel List”) is timely filed by the clerk or other official designated by this legislative body with the Auditor of the County of San Diego (the “County Auditor”) on or before August 10 of the applicable tax year.
93 Item10.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, acting as the legislative body of Community Facilities District No. 2020-1 (“Public Services”):

1. That the above recitations are true.

2. That this legislative body hereby authorizes and provides for the levy of the Special Tax within the District on those Taxable Properties (as such term is defined in the Ordinance) within the District for Fiscal Year 2022/23 so long as the rates of such Special Tax are the same rates or lower rates than the rates provided for in the Ordinance. The Proposed Special Tax Rates for the District for Fiscal Year 2022/23 are contained on Exhibit “A” attached to this Resolution and incorporated by this reference.

After adoption of this R esolution, the Finance Director of the City, or Finance Director’s designee, may make any necessary modifications to these Special Tax Rates to correct any errors, omissions or inconsistencies in the listing or categorization of parcels to b e taxed or in the amounts to be charged to any category of parcels; provided, however, that any such modifications shall not result in an increase in the Special Tax applicable to any category of parcels and can only be made prior to the submission of the tax rolls to the County Auditor.

3. That the Finance Director is hereby designated and directed to prepare and submit a Certified Parcel List to the County Auditor on or before August 10, or such later date to which the County Auditor may agree, setting forth the amount of the Special Tax to be levied on each Taxabl e Property within the District calculated pursuant to the Ordinance and subject to the limitations set forth in Section 2 above.

4. That th e Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall b e subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Treasurer-Tax Collector of the County of San Diego is hereby authorized to deduct reasonable administrative costs incurred in collecting any said Special Tax.

Any Special Taxes that may not be collected on the County of San Diego (“County”) tax roll shall be 94 Item10.
collected through a direct billing procedure by the Treasurer of the City of Escondido, or his/her designee acting for and on behalf of the District.

5. That the County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, opposite each lot or parcel of land affected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the Special Tax.

6. That the County Auditor shall then, at the close of the tax collection period, promptly render to the District a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

95 Item10.

Resolution No. 2022-87
Exhibit “A”

City of Escondido Community Facilities District No. 2020-1 (Public Services) Special Tax Rates for Fiscal Year 2022/23
Applicable to all Units Annexed as of March 1, 2022

Land Use
Category Density Unit
Maximum
Special Tax (1)(2)
Proposed Actual
Special Tax (2)(3)
1 Less than 5.5 DU/Acre DU $575.19 $575.19
2 5.5 to less than 18 DU/Acre DU $797.33 $797.33
3 18.0 to less than 30 DU/Acre DU $778.01 $778.01
4 30 DU/Acre or Greater DU $840.25 $840.25

1) The Assigned Special Tax Rates have been increased by the greater of the Index or 2% from the tax rates established at the time of formation in accordance with the formation documents.
2) Special Tax Rates shown above have been rounded to decimals shown, actual tax rates are not rounded.
3) The Proposed Actual Special Tax shown above is the authorized levy for the current fiscal year. The submitted actual levy may be reduced as directed by the Finance Director.
4) Dwelling unit or "DU" is as defined in the formation documents. 96 Item10.

STAFF REPORT

July 20, 2022
File Number 0685-10

SUBJECT
SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2020-2 (The Villages)

DEPARTMENT
Finance

RECOMMENDATION
Request the City Council adopt Resolution 2022-88, setting the Special Tax Levy for Community Facilities District No. 2020-2 (The Villages)(The “District”) for Fiscal Year 2022/23 Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance

FISCAL ANALYSIS
A Special Tax is levied annually on land within Community Facilities District No. 2020-2 (The Villages) and collected through the County of San Diego Treasurer -Tax Collector’s Office. The funds from the Special Tax are used to meet debt service obligations from the issuance of bonds and pay administrative expenses for the District.

PREVIOUS ACTION
The Villages Project was approved by the City Council on November 15, 2017.

On May 1 3, 2020, the City Council adopted Resolution No. 2020 -45 approving the establishment of Community Facilities District No. 2020 -2 (The Villages) and authorizing the Council to annually adopt a resolution setting the Special Tax Levy.

On Jul 21, 2021, the City Council adopted Resolution No. 2021 -78, setting the Special Tax Levy for Community Facilities District No. 2020 -2 (The Villages) for Fiscal Year 2021/22 on 216 developed lots located in The Villages Project.

BACKGROUND
A Community Facilities District (CFD) is a special taxing district that is formed at the request of a project proponent with the approval of the local jurisdiction. CFD's were established in State Government Code in 1982 (also referred to as the Mello -Roos Act) to provide an alt ernate method for private property 97 Item11.

owners to finance the acquisition, construction and maintenance of certain public capital facilities, and/or to cover the related cost of ongoing services.

CFD No. 2020-2 was formed on May 13, 2020, to fund the public facilities fees associated with the Villages Project (“Project”), a development that includes 380 residential homes; recreational, social, and community amenities in a Village Center; and approximately 48.9 acres of permanent open space with active greenbelts and 3.5 acres of parks. On June 29, 2022, Special Tax Bonds of $11,945,000 were issued.

Total outstanding principal on the bonds as of July 1, 2022 is $ 11,945,000 and the bonds mature on September 1, 2052.

The Villages development is now fully permit ted; therefore, 380 lots in the Project will be assessed the Special Tax Levy in FY202 2/23. A Maximum Special Tax Rate was established for developed residential property and undeveloped property. The amount of the Maximum Special Tax Rates and Proposed Actual Special Tax Rates for Fiscal Year 2022/23 is attached as Exhibit “A” to Resolution No. 2022-86. The Special Taxes received by the City will be deposited to a separate fund of the City to be used for annual administrative expenses and fund the authorized facilities or future bond debt service payments.

RESOLUTIONS
A. Resolution 2022-88
B. Resolution No. 2022-88 Exhibit “A” CFD 2020-2 (The Villages) Special Tax Rates

98 Item11.

RESOLUTION NO. 2022-88

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ACTING AS LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2020-2
(THE VILLAGES), PROVIDING FOR THE LEVY OF AN

ANNUAL SPECIAL TAX FOR SUCH COMMUNITY
FACILITIES DISTRICT FOR FISCAL YEAR 2022-23

WHEREAS, the City Council of the City of Escondido , C alifornia (the “Legislative Body”), has initiated proceedings, held a public hearing, conducted an election , and received a favorable vote from the quali fied electors to authorize the levy of a Special T ax in a Community Facilities D istrict, all as authorized pursuant to the terms and provisions of the “Mello -Roos Community Facilities Act of 1982 ,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”).

This Community Facilities District is designated as Community Facilities District No. 2020-2 (The Villages) (the “District”); and
WHEREAS, this Legislative Body, by the adoption of the Ordinance No. 2020-11 (the “Ordinance”) pursuant to Section 53340 of the Government Code of the State of California, has authorized the levy of Special Taxes (as such term is defined in the Ordinance) within the District to finance authorized facilities; and
WHEREAS, Government Code Section 53340 provides that this legislative body may provide, by resolution, for the levy of the Special Taxes in the current tax year at the same rates or at a lower rate than the indexed rates provided for in the Ordinance, if such resolu tion is adopted and a certified list of all parcels subject to the Special Tax levy including the amount of the Special Tax to be levied on each parcel for the current tax year (the “Certified Parcel List”) is timely filed by the clerk or other official designated by this legislative body with the Auditor of the County of San Diego (the “County Auditor”) on or before August 10 of the applicable tax year.
99 Item11.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, acting as the legislative body of Community Facilities District No. 2020-2 (The Villages), as follows:

1. That the above recitations are true.

2. That this legislative body hereby authorizes and provides for the levy of the Special Tax within the District on those Taxable Prope rties (as such term is defined in the Ordinance) within the District for Fiscal Year 2022-23 so long as the rates of such Special Tax are the same rates or lower rates than the rates provided for in the Ordinance. The Proposed Special Tax Rates for the District for Fiscal Year 2022-23 are contained on Exhibit “A” attached to this Resolution and incorporated by this reference.

After adoption of this R esolution, the Finance Director of the City, or Finance Director’s designee, may make any necessary modifications to these Special Tax Rates to correct any errors, omissions or inconsistencies in the listing or categorization of parcels to be taxed or in the amounts to be charged to any category of parcels; provided, however, that any such modifications shall not result in an increase in the Special Tax applicable to any category of parcels and can only be made prior to the submission of the tax rolls to the County Auditor.

3. That the Finance Director is hereby designated and directed to prepare and sub mit a Certified Parcel List to the County Auditor on or before August 10, or such later date to which the County Auditor may agree, setting forth the amount of the Special Tax to be levied on each Taxable Property within the District calculated pursuant to the Ordinance and subject to the limitations set forth in Section 2 above.

4. That th e Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Treasurer-Tax Collector of the County of San Diego is hereby authorized to deduct reasonable administrative costs incurred in collecting any said Special Tax.

Any Special Taxes that may not be collected on the County of San Diego (“County”) tax roll shall be 100
Item11.
collected through a direct billing procedure by the Treasurer of the City of Escondido, or his/her designee acting for and on behalf of the District.

5. That the County Auditor is hereby directed to enter in the next County assessment roll on which taxes will become due, o pposite each lot or parcel of land affected in a space marked “public improvements, special tax” or by any other suitable designation, the installment of the Special Tax.

6. That the County Auditor shall then, at the close of the tax collection period, pr omptly render to the District a detailed report showing the amount and/or amounts of such Special Tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection.

101
Item11.

Developed
Floor Area
> 3,199 sqft
$2,849.66
per DU
(4)
$2,355.68
per DU
(4)
2,950 to 3,199 sqft
$2,765.38
per DU
(4)
$2,286.02
per DU
(4)
2,700 to 2,949 sqft
$2,670.71
per DU
(4)
$2,207.76
per DU
(4)
2,450 to 2,699 sqft
$2,566.67
per DU
(4)
$2,121.76
per DU
(4)
2,200 to 2,449 sqft
$2,454.30
per DU
(4)
$2,028.86
per DU
(4)
1,950 to 2,199 sqft
$2,175.48
per DU
(4)
$1,798.38
per DU
(4)
1,700 to 1,949 sqft
$2,151.55
per DU
(4)
$1,778.58
per DU
(4)
1,450 to 1,699 sqft
$1,960.11
per DU
(4)
$1,620.34
per DU
(4)
< 1,450 sqft
$1,840.47
per DU
(4)
$1,521.44
per DU
(4)
Non-Residential
NA
$25,329.58
per Acre
$0.00
per Acre
Backup Special Tax
NA
2,767.89

per Lot
$0.00
per Lot
NA
2,599.45

per Lot
$0.00
per Lot
NA
2,126.66

per Lot
$0.00
per Lot
NA
$25,329.58
per Acre
$0.00
per Acre
(1)
(2)
(3)
(4)
Dwelling unit or "DU" is as defined in the formation documents. 4 5
Assigned
Special Tax
(1)(2)
Proposed Actual
Special Tax
(2)(3)
6 Land Use
Category
Residential Property
1 2
3 The
Proposed
Actual
Special
Tax
shown
above
is
the
authorized
levy
for
the
current
fiscal
year.

The
submitted actual levy may be reduced as directed by the Finance Director.

Special
Tax
Rates
shown
above
have
been
rounded
to
decimals
shown,
actual
tax
rates
are
not
rounded.
7 8
9 10
The
Assigned
Special
Tax
Rates
have
been
increased
by
2%
from
the
tax
rates
established
at
the
time of formation in accordance with the formation documents.

SUB16-009A
SUB16-009B
SUB16-009C
Undeveloped Property
NA
Special Tax Rates for Fiscal Year 2022-23
City of Escondido
Community Facilities District No. 2020-2
(The Villages)
Exhibit "A"
102
Item11.

STAFF REPORT

July 20, 2022
File Number 0600-10, A-3418

SUBJECT
OUT-OF-AGENCY SERVICE AGREEMENT FOR 2314 FELICITA AVENUE–PL 22-0196

DEPARTMENT
Development Services Department, Planning Division

RECOMMENDATION
Request the City Council adopt Resolution No. 2022-90, making application to the San Diego County Local Agency Formation Commission (“LAFCO”) for an out -of-agency service agreement and authorizing the Mayor to execute said agreement, and establishing a pre -zoning designation of RE -20, for a property located at 2314 Felicita Avenue (APN 238-320-01-00).

Staff Recommendation: Approval (Development Services Department: Julie Procopio) Presenter: Ivan Flores, Associate Planner

FISCAL ANALYSIS
The property owner will be required to pay fees to cover all administrative costs and staff time for processing the extension of sewer service. All fees associated with submittal of any contractual wastewater service agreement and future annexation application for the property to LAFCO would be borne by the applicant . Upon future annexation, the property would be required to establish a mechanism to offset future costs for the provisions of public service.

ENVIROMENTAL REVIEW
The action before the City Council is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15319(a), “Annexation of Existing Facilities and Lots for Exempt Facilities.”

PREVIOUS ACTION
None.

BACKGROUND
The property owner of 2314 Felicita Avenue (Ferenc and Hajnalka Farkas) has provided the City staff with a letter from the County of San Diego, Department of Environmental Health documenting eminent failure 103
Item12.

of the property’s existing onsite wastewater treatment system (septic system). City of Escondido public sewer mains with adequate capacity to accommodate the additional flow generated by the property exists in the street in front of the subject property ( Felicita Avenue). In order to obtain sewer service, the property owner must enter into an out-of-agency service agreement with the City of Escondido.

The out -of-agency service agreement include s provisions that requires future annexation to the City (irrevocable offer of annexation) . In anticipation of that future annexation, the request also includes application of a pre-zoning designation of RE-20 (estate residential, 20,000 square foot minimum lot size), which is consistent with the Estate II (E2) General Plan land use designation. Because the property at 2314 Felicita Avenue is immediately adjacent to City limits, the LAFCO has placed a condition upon the provision of out-of-agency service agreement that requires the property owner to complete the annexation process within one year.

RESOLUTION
A. Resolution No. 2022-90
B. Resolution No. 2022-90 Exhibit “A”

104
Item12.

105
Item12.

106
Item12.

RESOLUTION NO. 2022-90

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, AN O UT-OF-

AGENCY SERVICE AGREEMENT, ESTABLISHING A PRE -
ZONING DESIGNATION OF RE -20, AND AUTHORIZING

SUBMITTAL OF AN ANNEXATION APPLICATION TO THE

LOCAL AGENCY FORMATION COMMISSION, FOR A
PROPERTY LOCATED AT 2314 FELICITA AVENUE

Case No. PL 22-0196

WHEREAS, the City of Escondido (“City”) has received a request to provide sewer service to a property located at 2314 Felicita Avenue (“Property”); and WHEREAS, the City Council of the City of Escondido desires to make application to the San Diego County Local Agency Formation Commiss ion (“LAFCO”) for an out -of-agency service agreement (“Agreement”), attached hereto as Exhibit “A,” for the provision of sewer service to the Property; and WHEREAS, the Property is all that real property described in Exhibit “A” to the Agreement; and WHEREAS, The City Council of the City of Escondido desires to make application to LAFCO for annexation of the Property; and
WHEREAS, the Property has a General Plan land use designation of Estate II, which is implemented through a zoning designation of RE-20; and
WHEREAS, the project is categorically exempt from further review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sectio n 15319(a), “Annexation of Existing Facilities and Lots for Exempt Facilities.”
NOW, TH EREFORE, BE IT RESOLVED , by the City Council of the City of Escondido, California , as follows:

1. That the above recitations are true.
107
Item12.

2. That the City Council authorizes the mayor to execute the Agreement, on behalf of the City, in substantially the same format as Exhibit “A”, which is attached hereto and incorporated by this reference, subject to final approval as to form by the City Attorney.

3. That the app lication is hereby made to LAFCO for the following out -of-agency service agreement.

4. That this Agreement is necessary in order for the area to receive urban services available from the City of Escondido.

5. That LAFCO is hereby requested to undertake proceedings related to the Agreement described in this resolution.

6. That this proposal is made pursuant to the Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the Government Code of the State of California.

7. That the City Clerk of the City of Escondido is hereby authorized and directed to file a certified copy of this resolution to the executive officer of LAFCO.

8. That the City Council approves Resolution No. 2022-90, making application to LAFCO for an out-of-agency service agreement, establishing a pre-zoning designation of RE-20, and authorizing submittal of an annexation application to LAFCO, for a property located at 2314 Felicita Avenue.

108
Item12.

CAO: 2/2/2022
Out-of-Agency Service Agreement
1 EXEMPT FROM FEES pursuant to
Gov’t Code §§ 6103, 27383, and 27388.1
(filing requested/executed by municipality)

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Planning Division
City of Escondido
201 North Broadway
Escondido, CA 92025-2798 This Space for Recorder’s Use Only APN: 238-320-01-00

OUT-OF-AGENCY SERVICE AGREEMENT
This OUT-OF-AGENCY SERVICE AGREEMENT (“ Agreement”) is made and entered into this -________________ day of _____________, by and between the City of Escondido, a California municipal corporation (“ City”) and Hajnalka “Dawn” and Ferenc Farkas , individual s (“Owner”). (The City and Owner may each be referred to herein as a “ Party” and collectively as the “Parties.”)

RECITALS
A. Owner possesses and owns that certain real property located outside the jurisdictional boundary of the City, within the unincorporated County of San Diego, as further described in Exhibit A to this Agreement, attached hereto and incorporated herein by this reference (“Property”).

B. Pursuant to California Government Code section 56133(a), the City may provide new or extended services outside its jurisdictional boundary only if it first reques ts and receives written approval from the San Diego County Local Agency Formation Commission (“LAFCO”).

C. Pursuant to California Government Code section 56133( b), LAFCO may authorize the City to provide new or extended services outside its jurisdictional boundary but within its sphere of influence in anticipation of a later change of organization.

D. In accordance with California Government Code section 56133 and LAFCO’s local policies, in a letter dated April 06, 2022 , which is attached hereto as Exhibit B and incorporated herein by this reference (“Conditional Approval Letter”), LAFCO provided a conditional approval for the City to establish contract wastewater service for the Property, limited to the existing one dwelling unit on the Property.

E. The City and the Owner desire to enter into this Agreement so the City may provide wastewater service to the existing one dwelling unit on the Property, subject to Owner meeting all of the LAFCO Conditions and any conditions otherwise expressed in this Agreement.

AGREEMENT
Resolution No. 2022-90
Exhibit "A"

109
Item12.

CAO: 2/2/2022
Out-of-Agency Service Agreement
2 NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, the Parties hereby mutually agree as follows:

1. Recitals. The Recitals set forth above are included herein by reference as part of this Agreement and the Parties agree that said Recitals are essential facts to this Agreement.

2. Applicability of Government Code. This Agreement is made pursuant to the Cortese- Knox-Hertzberg Local Government Reorganization Act (California Government Code section 56000 et seq.) (“Act”) and is subject to all of the provisions of the Act , including but not limited to Government Code section 56133.

3. Authority to Connect. Upon the Parties’ execution of this Agreement and Owner’s recordation of this Agreement in the County Recorder’s Office for San Diego County, and subject to all other terms and conditions of this Agreement, Owner may connect to the City’s sewer and water system (“Improvements”). Owner agrees to construct the Improvements in conformance with all applicable federal, state, and local laws and regulations. No construction of the Improvements shall occur without first securing all required permits and approvals from the City, County, or any other local agency or regulatory authority, and without first completing environmental review pursuant to the California Environmental Quality Act (“CEQA”).

4. Irrevocable Offer of Annexation . Owner hereby makes an irrevocable offer of annexation of the Property to the City. Owner waives any right of protest in the annexation of the Property to the City provided for under the Act or any other law or policy. Such waiver shall be binding on Owner and its heirs, successors in interests, and assigns.

5. Conditions of Approval. This Agreement shall be subject to all LAFCO Conditions:
a. Owner agrees to meet all LAFCO Conditions, including each of the following:
(i.) Owner shall provide LAFCO a completed contractual service agreement form along with the required application filing fee. (ii.) Owner shall provide LAFCO a landowner -petition application to annex the Property to the City (“Annexation Petition”), along with the required filing fee. (iii.) Owner shall provide LAFCO a signed copy of this Agreement. b. Within 10 days after execution of this Agreement by all Parties, Owner shall record this Agreement with the Office of the County Recorder for San Diego County. c. Owner shall execute and record an agreement approved by LAFCO that consents to annexation of the Property into the City, which Agreement shall run with the land and inure to and bind all successors in interest to the Property. Owner shall undertake all prezoning and associated environmental review and pay all associated City and LAFCO fees related to the annexation of the Property.
d. As a condition to annexation, Owner shall apply to the City to have the Property prezoned, a discretionary act that will require environmental review. At the time Owner files an Annexation Petition, Owner shall file a formal application for prezoning with the City and Resolution No. 2022-90
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3 shall diligently and in good faith prosecute such application to completion. e. Owner shall be responsible for all LAFCO and City fees and charges in relation to the ap plication for prezoning , application for annexation, Improvements, future wastewater service connection, or otherwise in relation to this Agreement. f. This Agreement is limited to the provision of wastewater service to the existing one dwelling unit on the P roperty and shall not be construed to provide authority for the City’s provision of any additional service in relation to the Property.

6. No Pre-Commitment; Final Action Subject to Environmental Review. a. Notwithstanding any other provision of this Agreement, nothing herein shall commit or otherwise require the City, or be interpreted as requiring the City, to issue any permit , entitlement, or other approval in relation to the Improvements. Rather, the City and Owner acknowledge and agree that the C ity retains full discretionary authority with respect to the Improvements, and may approve, disapprove, modify, or condition the Improvements, or any portion thereof, as otherwise authorized by law. Owner acknowledges and agrees that it is proceeding at its own risk and expense until such time as all required permits, entitlements, or other approvals are approved and without assurance that any required permits, entitlements, or other approvals will be approved.
b. The City shall not enter into any agreement that will allow for the construction of the Improvements until there has been appropriate compliance with CEQA. The City, through the planning process with Owner as to the Improvements, will identify the actions and activities that would be necessary to construct the Improvements and thereby facilitate meaningful environmental review.

7. Term. This Agreement shal l commence on the Effective Date and shall remain in effect until the earlier of any of the following: (i) the Property is annexed into the City; or (ii) the Agreement is terminated by the City if Owner fails to meet any condition stated herein.

8. Indemnification. Owner (including Owner’s agents, employees, contractors, and subcontractors, if any) shall hold harmless, defend (with counsel reasonably acceptable to the City), and indemnify the City, its boards, commissions, departments, officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “ Claims”), and any attorney’s, consultant, or expert fees and City staff costs for investigating or responding to any Claims, incurred in connection with or arising in whole or in part from this Agreement , the use of the Improvements by the Owner (including Owner’s agents, employees, in vitees, contractors, and subcontractors, if any), the condition of the Improvements, or any related construction or other work undertaken on the Property, including without limitation (i) any death or bodily injury to a person; (ii) any injury to, loss, or theft of tangible or intangible property, including economic loss; or (iii) any other loss, damage, or expense sustained by the Owner in connection with any work or obligations performed in connection with this Agreement, except for any liability resultin g from the active negligence , sole negligence, or willful misconduct of the City. The duty to defend the City as described in this Paragraph 10 shall Resolution No. 2022-90
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4 apply regardless of whether any Claims are groundless, fraudulent, or false. All obligations under this Paragraph 10 shall survive the termination of this Agreement.

9. Miscellaneous.

12.1 Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Any litigation arising out of this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

12.2 Entire Agreement. This Agreement, together with its attachments or other documents, if any, described or incorporated herein, contains the entire agreement and understanding concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. Each of the Parties hereto acknowledges that no other Party, nor the agents nor the attorneys for any Party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the execution of this Agreement and acknowledges t hat this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein.

12.3 Amendment. This Agreement may not be amended except in a writing signed by all of the Parties hereto, and then only in the specific instance and for the specific purpose given.

Any such amendment shall be recorded with the Office of the County Recorder for the County of San Diego.

12.4 Independent Investigation. The Parties acknowledge that they have conducted an independent investigation of the facts concerning the subject matter of this Agreement. The Parties agree that the factual recitals are correct and expressly assume the risk that the true facts concerning the foregoing may differ from those currently understood by them.

12.5 Advice of Counsel. The Parties hereby acknowledge that they have executed this Agreement after having the opportunity to consult with, and receive the advice of, their own counsel.

12.6 Capacity. Each individual signing this Agreement represents and warrants that he or she has been authorized to do so by proper action of the Party on whose behalf he or she has signed.

12.7 Headings. Section headings are for reference purposes only and shall not be used for interpreting the meaning of any provisions of this Agreement.

12.8 Attorney’s Fees. In any action to enforce the terms of this Agreement, the Parties agree that the prevailing party shall be entitled to its reasonable attorney’s fees and all costs, fees, and expenses, including the fees of expert witnesses and consultants, whether or not such costs, fees, and expenses are recover able or allowed as costs under s ection 1033.5 of the California Code of Civil Procedure. In a ddition to the foregoing award of attorney’s fees and costs, the prevailing party shall be entitled to its attorney’s fees and costs incurred in any post -judgment proceedings to collect or enforce any judgment. This provision is separate and shall survive the merger of this provision into any judgment on this Agreement.

12.9 Counterparts. This Agreement may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document.

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5 12.10 Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

12.11 Notice. All notices, demands, approvals, or consents provided for in this Agreement shall be in writing and delivered to the appropriate Party at its address as follows:

If to the City:

Director of Development Services
City of Escondido
201 North Broadway
Escondido, CA 92025
If to Owner:

Ferenc and Hajnalka “Dawn” Farkas
2314 Felicita Avenue
Escondido, CA 92025

Any notice, delivery, or other communication shall be effective and shall be deemed to be received by the other Party within five business days after the notice has been deposited in the U.S. Mail, duly registered or certified, with postage prepaid, and addressed as set forth above. Any Party may change the address information provided above by giving written notice to the other Party in the manner provided in this Agreement.

12.12 Covenants Run with Land . So long as this Agreement remains in effect, the obligations and benefits provided for in this Agreement shall run with the land obligated and benefited, respectively, and shall be binding on all parties having or acquiring any right, title, or interest in the Property or any part thereof. As such, it is the intent of the Parties that this Agreement and the promises, covenants, rights, and obligations set forth herein (i) shall be and are covenants running with the Property, encumbering the Property for the term of thi s Agreement, binding upon the Owner’s successors in title and all subsequent owners and operators of the Property; (ii) are not merely personal covenants of the Owner; and (iii) shall bind the Owner and its respective successors and assigns during the term of this Agreement. Further, the Owner shall ensure that any future transfer of interest in the Property is made subject to the terms of this Agreement, such that any future successor in title or owner or operator of the Property shall be bound by the terms herein.

12.13 Effective Date . Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.
(SIGNATURE PAGE FOLLOWS)

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6 IN WITNESS WHEREOF, t his Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: By
Paul McNamara, Mayor

OWNER(s)

Date: By
Ferenc Farkas

Date: By
Hajnalka “Dawn” Farkas

(ABOVE SIGNATURES MUST BE NOTARIZED; ACKNOWLEDGMENT PAGES FOLLOW)

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
Michael R. McGuinness, City Attorney

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7 ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

On ___________________________________, before me, ______________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

City of Escondido

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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8 ACKNOWLEDGMENT

STATE OF CALIFORNIA ]

COUNTY OF ______________________ ]

On ___________________________________, before me, ______________________________, a Notary Public, personally appeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: ________________________________________ (Seal)

FERENC AND HAJNALKA FARKAS

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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9 Exhibit A

Legal Description of Property

That certain real property in the County of San Diego, State of California, described as follows:

LOT 1 OF FELICITA KNOLLS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4608, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 10, 1960

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10 Exhibit B

Conditional Approval Letter

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Administration
Keene Simonds, Executive Officer
2550 Fifth Avenue, Suite 725
San Diego, California 92103-6624
T 619.321.3380 F 619.404.6508
www.sdlafco.org

Joel Anderson
County of San Diego

Chair Jim Desmond
County of San Diego

Nora Vargas, Alt.

County of San Diego

Jo MacKenzie
Vista Irrigation

Barry Willis
Alpine Fire Protection

David A. Drake, Alt.

Rincon del Diablo

Vice Chair Paul McNamara
City of Escondido

Mary Casillas Salas
City of Chula Vista

Kristi Becker, Alt.

City of Solona Beach

Andy Vanderlaan
General Public

Harry Mathis, Alt.

General Public

Chris Cate
City of San Diego

Marni von Wilpert, Alt.

City of San Diego

San Diego County
Local Agency Formation Commission
Regional Service Planning | Subdivision of the State of California

April 6, 2022

Delivered Electronically:

Ms. Hajnalka “Dawn” Farkas
2314 Felicita Road
Escondido, California 92029
[email protected]

SUBJECT: Notice of Conditional Approval:

Contractual Wastewater Service Agreement for the City of Escondido to serve 2314 Felicita Road (Assessor Parcel Number 238-320-01)

Ms. Farkas:

This letter serves as formal notice of San Diego County Local Agency Formation Commission (LAFCO)’s conditional approval for the City of Escondido to establish contract wastewater service for your property located at 2314 Felicita Road. This conditional approval is authorized under my powers pursuant to Government Code Section 56133 and adopted LAFCO policy and substantiated based on a review of written documentation showing the existing septic system has failed and poses a threat to public health. The conditional approval extends one calendar year unless a time extension is requested and approved and follows a written recommendation from the County of San Diego Department of Environmental Health and Quality to immediately transition the property to public wastewater should it be available.

The conditional approval is limited to authorizing the City of Escondido to enter into an outside wastewater service agreement for only the existing residential dwelling unit comprising the affected territory. All approval conditions follow.

1. Receipt by San Diego LAFCO of a completed contractual service agreement form along with an application filing fee in the amount of $480.38. This amount reflects a 75% fee reduction given documentation of a public health threat. The form is available online.

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2. Receipt by San Diego LAFCO of a landowner-p etition application to annex the affected territory to the City of Escondido along with a filing fee in the amount of $2,612.06. This amount includes a related boundary action involving County Service Area No. 135 and reflects a 75% fee reduction given documentation of a public health threat. The form is available online.

Gi
ven the underlying urgency, I agree to waive the requirement of a map and geographic description of the affected territory being submitted to LAFCO in conjunction with the other terms listed ab ove. These documents, nonetheless, will be required to be submitted before an annexation proposal is presented for consideration by the Commission within the referenced one
-y
ear time frame.

Se
parate written confirmation of the completion of all conditions tied to this approval will be provided as appropriate and serve as official notice of your legal allowance to proceed with the contractual service with the City of Escondido.

Should you have any questions in the interim, please contact LAFCO Analyst Priscilla Allen by telephone or email at [email protected].

On behalf of the Executive Officer,

Priscilla Allen,
Analyst I

Cc: Adam Finestone, City of Escondido
Ivan Flores, City of Escondido
Desiree Hogervorst, County of San Diego - DEH
Craig Caes, County of San Diego - DEH
Keene Simonds, San Diego LAFCO
Tamaron Luckett, San Diego LAFCO

2 | P a g e
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STAFF REPORT

July 20, 2022
File Number 0600-10; A-3390

SUBJECT

CHANGE ORDERS AND AMENDMENT FOR THE SAN PASQUAL UNDERGROUNDING PROJECT

DEPARTMENT
Utilities Department, Construction and Engineering Division

RECOMMENDATION
Request the City Council adopt Resolution No. 2022 -100, authorizing change orders to the Public Improvement Agreement with Sukut Construction, LLC, in the amount of $7,949,581.24 for the San Pasqual Undergrounding Project (“Project”); and adopt Resolution No. 2022-101, authorizing a Second Amendment to the Consulting Agreement with Arcadis U.S. Inc., in the amount of $569,797.00 for the Project.

Staff Recommendation: Approval (Utilities: Christopher W. McKinney, Deputy City Manager/Director of Utilities)
Presenter: Angela Morrow, Deputy Director of Utilities

FISCAL ANALYSIS
Funds for th e change orders and second amendment are available in the Water Capital Improvement Project (“CIP”) No. 701701 . Funding sources for the Project include IBank Loan Funding and reimbursement from the Vista Irrigation District (“District”), which is responsible for 50% of the project costs.

PREVIOUS ACTION
On June 3, 2009, the City Council adopted R esolution No. 2009-77, authorizing the Mayor and City Clerk to execute a consulting agreement with Black & Veatch Corporation in the amount of $232,710.00, for engineering services to perform a study investigating the feasibility of undergrounding a portio n of the Escondido Canal between Lake Henshaw and Lake Wohlford, within the San Pasqual Indian Reservation.

On November 2, 2016, the City Council adopted Resolution No. 2016 -156, adopting the Environmental Assessment/Mitigated Negative Declaration for the San Pasqual Undergrounding Project (ENV 15-0016).

On June 13, 2018, the City Council adopted Resolution No. 2018-94, authorizing the Mayor and City Clerk to execute a consulting agreement with Michael Baker International, Inc. in the amount of $1,563,297.50 for the design of the San Pasqual Undergrounding Project. On June 29, 2018, a First Amendment with 121
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Michael Baker International, Inc. was executed to add prevailing wage and Department of Industrial Relations language to the original consulting agreeme nt. No cost was associated with the First Amendment.

On June 13, 2018, the City Council adopted Resolution No. 2018-95, authorizing the Mayor and City Clerk to execute a consulting agreement with Helix Environmental Planning, Inc. in the amount of $100,000 for environmental consulting services.

On May 22, 2019, the City Council adopted Resolution No. 2019 -79, authorizing a proposed Agreement among the City of Escondido, Vista Irrigation District, and the San Pasqual Band of Mission Indians for Conveyance of an Easement necessary for the San Pasqual Undergrounding Project.

On May 26, 2021, the City Council adopted Resolution No. 2021-71, authorizing the Deputy City Manager / Director of Utilities to submit an application to IBank requesting $25 million in fin ancing (the “Obligation”) for the Project, declaring the City of Escondido’s (“City’s”) intent to reimburse IBank, and approving certain related matters to the financing application.

On August 25, 2021, the City Council adopted Resolution No. 2021 -120, authorizing Authorized Officers (as such term is defined in Section 3 of Resolution No. 2021 -120) to execute, on behalf of the City, an Installment Sale Agreement (a type of Financing Agreement) with the California Infrastructure and Economic Development Bank (“IBank”) for $25 million in funding for the San Pasqual Undergrounding Project.

On October 13, 2021, the City Council adopted Resolution No. 2021-121, authorizing the Mayor to execute a Public Improvement Agreement in the amount of $31,712,890 with Sukut Construction, LLC, the lowest responsive and responsible bidder, for construction of the San Pasqual Undergrounding Project.

On October 13, 2021, the City Council adopted Resolution No. 2021-122, authorizing the Mayor to execute a Second Amendment to the Consulting Agreement with Michael Baker International, Inc., in the amount of $727,633, for engineering services during construction of the Project.

On October 13, 2021, the City Council adopted Resolution No. 2021-123, authorizing the Mayor to execute a Consulting Agreement in the amount of $2,165,993 with Arcadis U.S. Inc., for construction management services for the Project. On January 31, 2022, a First Amendment with Arcadis U.S. Inc. was executed to correct a price error in the original scope of work. No cost was associated with the First Amendment.

On October 13, 2021, the City Council adopted Resolution No. 2021-162, authorizing the Mayor to execute a Mitigation and Monitoring Agreement with the San Pasqual Band of Mission Indians for Native American monitoring activities and the protection of Native American cultural resources during the Project construction.
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On October 13, 2021, the City Council approved a Budget Adjustment in the amount of $28,000,000 for CIP No. 701701.

BACKGROUND
In 1969, five local Indian Bands, and the United States on their behalf, sued the City and the District, claiming that the City’s and the District’s diversion of San Luis Rey River flows deprived the Bands of adequate water on their reservations located downstream of the Diversion Dam. After nearly five decades of litigation and negotiations, the parties approved the San Luis Rey Indian Water Rights Settlement Agreement (“Settlement Agreement,” effective May 17, 2017). The parties to the agreement are the United States (acting through the Secretary of the Interior and the Attorney General of the United States); the La Jolla, Rincon, San Pasqual, Pauma, and Pala Bands of Mission Indians; the San Luis Rey Indian Water Authority; the City; and the District. The Settlement Agreement stipulates that portions of the Escondido Canal that cross the San Pasqual Indian Reservation must be replaced with an underground pipeline. The undergrounding of the canal, known as the San Pasqual Undergrounding Project, must be completed within six years of the effective date of the Settlement (May 17, 2023). If the project is not completed within the six -year window, the City and the District must pay damages of $1,000 per day to the San Pasqual Band until the Project is completed.

The Project will remove, relocate, and replace approximately 2.5 miles of the Escondido Canal that crosses the San Pasqual Indian Reservation. The overall project consists of four primary elements:
(1) The construction of a new desilting basin and as sociated access road on the San Pasqual Indian Reservation along the existing Escondido Canal alignment where the canal first enters the northern edge of the Reservation.
(2) The replacement of approximately one-half mile of existing canal with a shallowly buried 60-inch wide by 48-inch high precast concrete box culvert within the existing Escondido Canal right-of-way. (3) The replacement of approximately two miles of existing canal with a buried 60 -inch pipeline within new alignments crossing the San Pasqual Indian Reservation, private lands, and public right-of-way in North Lake Wohlford Road. The downstream connection to the existing underground pipeline will be at a location south of Paradise Mountain Road near North Lake Wohlford Road. No pumping will b e required to convey flows through the proposed underground pipeline. (4) The abandonment of approximately two miles of the existing Escondido Canal, and the rehabilitation of the land formerly occupied by the canal by means of partial demolition, grading, and reestablishment of drainage.

In October 2021, a Public Improvement Agreement for the first three elements listed above was awarded by City Council to Sukut Construction, LLC. All three elements are currently in construction . Due to the length of time required to construct the first three elements, construction had to be started prior to the 123
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completion of the design of the fourth element, the abandonment and rehabilitation section, in order to meet the Project completion deadline of May 17, 2023 in the Settlement Agreement.

This request includes the f ourth primary element listed above. By including the fourth element in the change orders, several efficiencies would be realized such as: moving dirt once - as the trench for the 60- inch pipeline is excavated the dirt can be transported directly to fill the section of the canal that is to be abandoned and rehabilitated; the contractor can use the same project manager and engineer, staging areas, and construction trailer for all four Project elements.

The requested change orders also include funds for additional paving of N. Lake Wohlford Road required by the County of San Diego, and delays to the contractor due to the investigation of artifacts found during the start of construction. The change orders would also provide the necessary funds to pay for any potential future changes arising from unforeseen circumstances in a timely manner and avoid the costly decision to stop the contractor’s progress due to insufficient funds. If any of these funds are not used, they will remain with the City.

The Overview Figure below shows the locations of the new facilities and the existing canal alignment.

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The Engineer’s estimate for the first three Project elements was $40,217,890, and $5,855,722 for the fourth element, resulting in a total estimated construction cost of $46,073,612. With these change orders, the actual total cost of construction would be $39,662,471.24 for all four Project elements.

Arcadis U.S., Inc., has been instrumental in providing full time construction management and inspection services for the Project to date. The proposed Second Amendment with Arcadis would include full time construction management and field inspection services, sp ecial inspection s and material testing, and environmental and biological monitoring for the abandonment and rehabilitation section , and extend construction management services through the end of the construction period.

The proposed change orders would add an additional 57 calendar days to the construction contract, resulting in construction completion in late April 2023. Approval of these change orders, second amendment, and the subsequent completion of construction , would fulfill the San Pasqual Undergrounding Project component of the Settlement Agreement.

RESOLUTIONS
A. Resolution No. 2022-100
B. Resolution No. 2022-101
C. Resolution No. 2022-101 Exhibit “A”

ATTACHMENTS
A. Attachment “1” – San Pasqual Undergrounding Project Change Order

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City of Escondido
Utilities Construction Management
1521 South Hale Avenue
Escondido, CA 92029
San Pasqual
Undergrounding Project
Change Order No. 3

Project: San Pasqual Undergrounding Public Improvement Agreement No. A- 3377 Project Account # 5203-556-410-701701
Contractor: Sukut Construction, LLC PO 39209 / 39210 4010 W. Chandler Avenue
Santa Ana, CA 92704 Change Order Number: 3
Description of change(s): Contract basis of change order is under Contract General Conditions Article 10.1, CHANGES IN THE WORK, using the Lump Sum pricing method (under Contract General Conditions Article 11.1).

See pages 2-3 for continuation.

This change is owner-requested. The agreed-upon cost of this Change Order (CO) 03 is $7,808,300.00. A total of 57 calendar days are added to the contract. The CO includes all overhead and profit as related in the Contract General Conditions Article

11.3 and represents accord and satisfaction between the City of Escondido and Sukut Construction , LLC.

Notice to Proceed: 1/10/2022
Contract Duration: 400 calendar days
(excluding holidays)
Original Contract: $31,712,890.00
Agreed Upon
Lump Sum
Unit
Prices
Costs Plus Calendar
Days
Added
Total
Revised
Contract
Days
Completion
Date
CO 01: Delay for investigation of artifacts $141,281.24 TBD CO 02: Change in design of CIP wall $0 0 0 2/23/2023 CO 03: Addition of SPUP Canal Abandonment
Work and Additional Paving on N. Lake
Wohlford Rd.
$7,808,300.00 57 57 4/21/2023
Total $7,808,300.00 $141,281.24 57 457 4/21/2023
Amended Contract Amount: $ 39,662,471.24 Amended Contract Completion Date: 4/21/2023 Description of Change(s):

By means of this change order, the following work is added to the San Pasqual Undergrounding Project (SPUP) :

1. Abandonment of approximately 2.2 miles of the existing Escondido Canal by filling or converting to an earthen channel, installation of drainage pipelines, installation of erosion control, demolition and removals of existing fencing, structures, concrete, and other features, as well as miscellaneous asphalt and concrete work and tree trimming and removals, coordination with Undergrounding Project work as described (Items 1-8): and;

2. Additional paving required by The County of San Diego to provide a complete asphalt grind and overlay on Lake Wohlford Road in lieu of the trench paving specified in the original SPUP documents and bid items.

This work will add 57 calendars days to the SPUP Contract.

Resolution No. 2022-101
Attachment "1"

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City of Escondido
Utilities Construction Management
1521 South Hale Avenue
Escondido, CA 92029
San Pasqual
Undergrounding Project
Change Order No. 3

Description of all work in accordance with SPUP Canal Abandonment Documents (Items 1-8):

Increase Decrease Time
Item No. 1: Mobilization, Demobilization, and General Conditions Item No. 2: Demolish existing raw water canal, provide import material and transportation of site fill materials, perform fill and finish grading of abandoned canal. Provide and perform all traffic control necessary for safe access and egress to locations of the work.

Item No. 3: Provide services of certified arborist, perform trimming and removal of oak trees, non-oak trees, and other brush and vegetation. Grind trimmings/brush for use onsite as mulch. Stage trimmed timber at location to be coordinated with San Pasqual Tribe. Timber to remain property of San Pasqual Tribe.

Item No. 4: Amend SPUP SWPPP to incorporate Canal Abandonment Work.

Include all BMP implementation & maintenance, temporary controls, monitoring, inspection, and reporting. Provide and install post construction BMPs including mulch, straw tubes, and bonded fiber matrix with native vegetation seed mix.

Item No. 5: Provide for removal/replacement of unsuitable subgrade material, provide for rock excavation utilizing breaker, provide rock excavation utilizing drill & blast.

Item No. 6: Demolish and remove existing elevated flumes and bridges. Include all equipment necessary to complete demolition with constraints imposed by environmental/site conditions and limited access & egress resulting from environmentally sensitive areas. Maintain access for residents. Demolish and remove existing canal fence inclusive of posts and footings. Grade all areas of demolition/removal to match existing contours.

Item No. 7: Provide/Install Controlled Low Strength Material, Concrete fill inside canal, ¼ ton rip rap pads, culvert pipes, and concrete culvert headwalls, where indicated in SPUP Canal Abandonment Documents.

Item No. 8: Construct Concrete and Asphalt Driveways
Description of all work for additional paving requirements (Items 9-11):

Item No. 9: Revise paving at N. Lake Wohlford Road to include full-width complete 2.5” grind, overlay, and seal
Item No. 10: Bid allowance for Delays caused by Biologist, Archaeologist, or Native American Monitor Findings during performance of SPUP Canal Abandonment Work Item No. 11: Bid allowance for Field Orders
$135,000.00
$2,419,700.00
$617,000.00
$434,500.00
$50,200.00
$417,000.00
$138,400.00
$46,500.00
$710,000.00
$40,000.00
$2,800,000.00
57 Cal.

Days
Change Order No. 3 Total Amount $7,808,300.00 57 cal. days Total Amount Change Orders No. 1 through 3 $7,949,581.24 57 cal. days Resolution No. 2022-101
Attachment "1"

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City of Escondido
Utilities Construction Management
1521 South Hale Avenue
Escondido, CA 92029
San Pasqual
Undergrounding Project
Change Order No. 3

Reason for change(s):

Canal abandonment and restoration is a requirement of the San Luis Rey Settlement and Implementing Agreements.

The San Pasqual Undergrounding Project (SPUP), resulting from The San Luis Rey Settlement and Implementing Agreements, consists of four primary elements:
(1) The construction of a new desilting basin and associated access road on the San Pasqual Reservation, along the existing Escondido Canal alignment, where the canal first enters the San Pasqual Reservation. (2) The replacement of about 2,000 feet of existing canal with a buried 60-inch pipeline within the existing Escondido Canal ROW.
(3) The replacement of another approximately 2 miles of existing canal with a buried 60 -inch pipeline within new alignments crossing the San Pasqual Indian Reservation, private lands, and public ROW in N. Lake Wohlford Road. (4) The removal of approximately 2 miles of the existing Escondido Canal that are dewatered when the pipeline is complete, and the reclamation of the land formerly occupied by the canal by means of demolition, debris removal, grading, and re- establishment of drainage, as well as any associated mitigation of environmental impacts that may be required.

SPUP Change Order No. 3 incorporates the works necessary to complete the removals of the Escondido Canal as detailed in item 4, above.

Grind and overlay along pipe alignment within Lake Wohlford Road is required by County of San Diego.

The Project Team, Construction Manager, and Contractor have negotiated an approach to performance of the additional work that will maximize efficiencies in execution of the work and provide the best possible value to the Project. *** End of Change Order ***
Resolution No. 2022-101
Attachment "1"

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RESOLUTION NO. 2022-100

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE DEPUTY

CITY MANAGER / DIRECTOR OF UTILITIES TO EXECUTE,

ON BEHALF O F THE CITY, CHANGE ORDERS TO THE

PUBLIC IMPROVEMENT AGREEMENT WITH SUKUT

CONSTRUCTION, LLC, FOR THE SAN PASQUAL

UNDERGROUNDING PROJECT

WHEREAS, on October 13, 2021 , the City Council adopted Resolution No. 2021 -121 authorizing execution of a Public Improvement Agreement with Sukut Construction, LLC, in the amount of $31,712,890 for the construction of the San Pasqual Undergrounding Project (“Project”); and WHEREAS, the Project will remove, relocate, and replace approximately 2.5 miles of the Escondido Canal that crosses the San Pasqual Indian Reservation and consists of four major components:
desilting basin, replace in-place box culvert, pipeline, and abandonment and rehabilitation section; and WHEREAS, the City of Escondido (“City”) desires to construct the abandonment and rehabilitation section of the Project; and
WHEREAS, encountering unforeseen and differing site conditions and additional requirements from the County of San Diego have resulted in additional project costs; and WHEREAS, the City Council recognizes that approval of change orders for the Project is required to continue and complete construction; and
WHEREAS, City staff have completed negotiations with Sukut Construction, LLC, and the Deputy City Manager / Director of Utilities recommends authorization of change orders to the Public Improvement Agreement with Sukut Construction, LLC, in the amount of $7,949,581.24, bringing the total contract value to $39,662,471.24 to complete the Project; and 129
Item13.

WHEREAS, this City Council desires at this time and deems it to be in the best public interest to approve said change orders.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:

1. That the above recitations are true.

2. That the Mayor and City Council accepts the recommendation of the Deputy City Manager / Director of Utilities.

3. That the City Council authorizes the Deputy City Manager / Director of Utilities and his or her designee to execute, on behalf of the City, change orders to the Public Improvement Agreement with Sukut Construction, LLC.
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RESOLUTION NO. 2022-101

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA , AUTHORIZING THE CITY

MANAGER TO EXECUTE, ON BEHALF OF THE CITY, A

SECOND AMENDEMENT TO THE CONSULTING
AGREEMENT WITH ARCADIS U.S., INC. FOR

CONSTRUCTION MANAGEMENT OF T HE SAN PASQUAL

UNDERGROUNDING PROJECT
WHEREAS, on October 13, 2021, the City Council adopted Resolution No. 2021-121 authorizing execution of a Public Improvment Agreement for the construction of the San Pasqual Undergrounding Project (“Project”) in the amount of $31,712,890; and
WHEREAS, the Utilities Engineering and Construction Division is currently managing the design and construction for multiple large Capital Improvement Program (“CIP”) projects; and WHEREAS, on October 13, 2021, the City Council adopted R esolution No. 2021-123 authorizing execution of a Consulting Agreement in the amount of $2,165,993 with Arcadis U.S., Inc. for construction management services for the San Pasqual Undergrounding Project; and WHEREAS, City staff have completed negotiations with Arcadis U.S., Inc. and the Deputy City Manager / Director of Utilities recommends that the Second Amendment to the Consulting Agreement (“Agreement”) be approved; and
WHEREAS, this City Council desires at this time and deems it to be in the best public interest to approve said Agreement in an amount not to exceed $569,797.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido , California, as follows:

1. That the above recitations are true.

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2. That the Mayor and City Council accepts the recommendation of the Deputy City Manager / Director of Utilities.

3. That the City Council authorizes the City Manager and his or her designee to execute, on behalf of the City, a Second Amendment to the Consulting Agreement with Arcadis U.S. , Inc. in substantially the same format as Exhibit “A” which is attached hereto and incorporated by this reference, subject to final approval as to form by the City Attorney. 132
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Second Amendment - 1 - CAO: 9/17/2021
To Consulting Agreement

CITY OF ESCONDIDO

SECOND AMENDMENT TO CONSULTING AGREEMENT
This Second Amendment to Consulting Agreement (“Second Amendment”) is made and entered into as of this _____ day of ________________, 2022 (“Effective Date”), Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Randy Manns
760-839-6290, ext. 7031
("CITY")
And: Arcadis U.S., Inc.
a Delaware corporation
9620 Chesapeake Drive, Suite 6
San Diego, CA 92123
Attn: Rick Farr
858-535-8539
("CONSULTANT").
(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties entered into that certain Consulting Agreement dated November 8, 2021, which was subsequently amended by a First Amendment dated January 31, 2022 (collectively, the “Agreement”), wherein CITY retained CONSULTANT to provide construction management services for the San Pasqual Undergrounding Project, as more specifically described in the Agreement; and WHEREAS, the Parties desire to amend the Agreement to include additional services as described in “Attachment A” to this Second Amendment, which is attached hereto and incorporated herein by this reference.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

1. The CONSULTANT shall furnish all of the Services described in “Attachment A” to this Second Amendment.

2. The CITY will compensate CON SULTANT in an additional amount not to exceed the sum of Resolution No. 2022-101
Exhibit "A"

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Second Amendment - 2 - CAO: 9/17/2021
To Consulting Agreement
$569,797, pursuant to the conditions contained in “Attachment A” to this Second Amendment.

3. All other terms of the Agreement not referenced in this Second Amendment shall remain unchanged and in full force and effect. In the event of a conflict between a provision of the Agreement and this Second Amendment, this Second Amendment shall prevail.

4. This Second Amendment and the Agreement, together with any attachments or other documents described or incorporated therein, if any, constitute the entire agreement and understanding of the Parties, and there are no other terms or conditions, written or oral, controlling this matter.

5. This Second Amendment may be executed on separate counterparts that, upon completion, may be assembled into and shall be construed as one document. Delivery of an executed signature page of this Second Amendment by electronic means, including an attachment to an email, shall be effective as delivery of an executed original.

6. Unless a different date is provided in this Second Amendment, the effective date of this Second Amendment shall be the latest date of execution set forth by the names of the signatories below.

IN WITNESS WHEREOF, this Second Amendment is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO
Date: __________________ ____________________________________ Sean McGlynn, City Manager
Arcadis U.S., Inc.

Date: __________________ ___________________________________ Signature
___________________________________
Name & Title (please print)
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY: __________________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

Resolution No. 2022-101
Exhibit "A"

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ATTACHMENT “A”
Scope of Work
Attachment A to Consulting Agreement - 1 - CAO: 9/17/2021 A. General
Arcadis U.S., Inc., a Delaware corporation (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with full-service construction management (“CM”) services related to the City’s San Pasqual Undergrounding project (“Project”).

B. Location
Consultant to provide services at the Project site located along North Lake Wohlford Road, between Woods Valley Road and North Canal Road. See Exhibit 1, which is attached to this Scope of Work and incorporated herein by this reference, for the Project site map. The Project also encompasses work within the San Pasqual Reservation. See Section F for special conditions regarding Project access.

C. Services
The services described in the Agreement shall remain unchanged pursuant to this Second Amendment.

D. Contract Price and Payment Terms
The contract price of this Second Amendment shall not exceed $569,797. The contract price of this Second Amendment ($569,797) shall bring the total contract price of this Agreement to $2,735,790.

Consultant shall submit monthly invoices to the City, and the City shall pay Consultant for invoiced services within 30 days of receipt of an invoice.

Task No. Task Description Total Cost
1 Coordination $39,360
2 Inspection $305,760
5 Subcontract Management – Special Inspection Services $55,000 6 Subcontract Management - Environmental Services $169,677 Total $569,797
Consultant’s rates for services are calculated on a “time and materials” basis in accordance with Exhibit 2 to this Scope of Work, which is attached hereto and incorporated by this reference, shall remain in effect throughout the term of this Second Amendment.

E. Term
The term of this Second Amendment shall be from the Effective Date of this Second Amendment through August 31, 2023.

F. Other
Consultant understands and acknowledges that the Project encompasses work within the San Pasqual Reservation, County of San Diego right -of-way, and private properties. Strict guidelines are enforced and special permission is required prior to any contractor, subcontractor, consultant or subconsultant entering the San Pasqual Reservation on behalf of this Project.

Resolution No. 2022-101
Exhibit "A"

ATTACHMENT "A"
PAGE 1 OF 3
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Exhibit 1
Resolution No. 2022-101
Exhibit "A" Page 4 of 5
ATTACHMENT "A"
PAGE 2 OF 3
136
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Firm Personnel % of Total Hours 1 2 3 4567891 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 Total Rate Category Labor Arcadis Rick Farr CCM 3% 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 16 320  $               250.00  80,000.00 $ Arcadis Nariman Khomamizadeh
PE 37% 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 160 3200  $               182.00  582,400.00$ Construction Inspector
Prevailing Wage Rate  Arcadis  Erik Anderson 36% 168 168 168 168 168 168 168 168 168 168 168 168 168 168 168 168 168 168 168 3192  $               180.00  574,560.00$ Arcadis Allen Day 8% 80 168 168 168 168 752  $               175.00  131,600.00$ Arcadis Annette Holenbeck 18% 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 80 1600  $                 80.00  128,000.00$ Ninyo and Moore CWI, ACI, ICC, ECT TBD 0  $         70,000.00  70,000.00 $ Task 6 Enviromental Services  Helix TBD 0 584,433.00$
Arcadis NA TBD 0 $        ‐ 15,000.00$
Arcadis NA NA 0 $        ‐ ‐$
Arcadis 0 $        ‐
240 408 408 488 408 408 408 408 408 408 408 408 408 408 408 576 576 576 576 424 8760 2,165,993.00$ $0
$      2,165,993.00
Firm Personnel % of Total Hours 1 2 3 4567891 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 Total Rate Category Labor Arcadis Rick Farr CCM NA 0  $               250.00  ‐$
Project Coordination Arcadis Arnie Wingler NA 16 16 16 16 16 16 16 16 16 16 16 16 192  $               205.00  39,360.00 $ Arcadis Nariman Khomamizadeh
PE NA 0  $               182.00  ‐$
Construction Inspector
Prevailing Wage Rate  Arcadis  Erik Anderson NA 0  $               180.00  ‐$ Arcadis Allen Day NA 0  $               175.00  ‐$
Arcadis  Ron Seale NA 168 168 168 168 168 168 168 168 168 168 1680  $               182.00  305,760.00$ Arcadis Annette Holenbeck NA 0  $                 80.00  ‐$ Ninyo and Moore CWI, ACI, ICC, ECT NA 0  $         55,000.00  55,000.00 $ Helix NA 0 169,677.00$
Arcadis NA NA 0 $        ‐
Arcadis NA NA 0 $        ‐ ‐$
Arcadis NA 0 $        ‐
00000000 1 6 8 1 6 8 1 6 8 1 6 8 1 6 8 1 6 8 1 6 8 1 6 8 1 6 8 1 6 8 0 1 6 1696 569,797.00$ $          569,797.00
$ 2,735,790.00
Geotechnical / Special Inspections
Total Proposed Amendment Fee
Toal Project Fee
Other Expenses Printer and all office supplies if required (not including Internet)
Office and Overhead (Withn in Rate of each resource)
Category Subtotal
Helix Enviromental / Biological Services
Principal in Charge
Construction Manager
Asneeded Construction Inspector nights and Demo for Canal Prevailing Wage Rate
Document Control ‐ Admin
City of Escondido Utilities Construction and Engineering Department Construction Management Services for the San Pasqual Undergrouding Project Field Staff Resource Plan and Level of Effort (Hours per month) Based on Project Specification Schedule
PRE‐CON CONSTRUCTION PHASE (by number of months) Close‐Out Other Expenses Printer and all office supplies if required (not including Internet)
Office and Overhead (Withn in Rate of each resource)
Principal in Charge
Project Description/Resource Plan
San Pasqual Undergrounding Project
Construction Manager
Asneeded Construction Inspector nights and Demo for Canal Prevailing Wage Rate
Document Control ‐ Admin
Geotechnical / Special Inspections
Category Subtotal
* Extended Services
Original Contract Fee
Fulltime Construction Inspection Canal abandonment and
Restoration
City of Escondido Utilities Construction and Engineering Department Construction Management Services for the San Pasqual Undergrouding Project Abandonment section of the San Pasqual Undergrounding Project ‐ Additional Field Staff Resource Plan and Level of Effort (Hours per month) Based on Project Specification Schedule
PRE‐CON CONSTRUCTION PHASE (by number of months) Close‐Out Project Description/Resource Plan
San Pasqual Undergrounding Project
Exhibit 2
Resolution No. 2022-101
Exhibit "A"

ATTACHMENT "A"
PAGE 3 OF 3
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STAFF REPORT

July 20, 2022
File Number 0600-10; A-3419

SUBJECT

BODY WORN CAMERAS AND CONDUCTED ENERGY WEAPONS PURCHASE

DEPARTMENT

POLICE DEPARTMENT

RECOMMENDATION
Request the City Council adopt Resolution No. 2022 -95 authorizing the Mayor to sign a five -year agreement to purchase Body Worn Camera s and Conducted Energy Weapon s through a Sole Source purchase with Axon Enterprises, Inc. to provide the hardware, software, licenses, training and service.

Staff Recommendation: Approval (Police Department: David Cramer, Interim Chief) Presenter: David Cramer, Interim Chief

FISCAL ANALYSIS
The hardware, software, licenses, training, and service contract will total $1,532,138.73 for the five -year period. The first year’s costs have been allocated in the approved FY 2022-23 City of Escondido Operating Budget.

PREVIOUS ACTION
City Council adopted and approved Resolution No. 2019-84 on June 5, 2019 authorizing the purchase of Body Worn Camera Equipment.

BACKGROUND
Adoption of Resolution 2022 -95 will allow the Mayor to execute a five -year contract for Body Worn Camera and Conducted Energy Weapon equipment, hardware, software, licenses, training and service contract.

In 2019 the Finance Department conducted a formal request for bids to establish the most cost effective body worn camera system provider. Six camera vendors provided bids. Three vend ors did not meet all the bid specifications and were deemed non-responsive. Three were selected to perform demonstrations of their products and services. Axon Enterprises, Inc. provided the lowest responsive bid. 138
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In an effort to maintain consistency an d interoperability between the current evidence management system and services, the purchase from Axon Enterprises, Inc. is in the best interest of the department and the community.

The Axon Body 3 and the Taser 7 include the most technically efficient hardware. The Taser 7 features a more accurate aiming system than previous versions and has a dual probe system that can be selected for targets at varying distances. The Taser 7 has a feature that turns on the officers Body Worn Camera whenever the Taser is activated. The use of this integrated system encourages police professionalism and courtesy, and provides for transparency with the public.

Per EMC Section 10-102(b), when the item is required to be compatible with other equipment presently on hand and is to be purchased from the supplier, or EMC Section 10-102 (d), when the city manager has declared in writing a specific brand or specialized piece of equipment is required to meet quality and performance criteria, and a substitute item would not meet or exceed the specified criteria, the specialized piece of equipment may be considered a sole source. Accordingly, approval has been received from the City Manager to consider Axon Enterprises, Inc. as a sole source provider of this equipment.

The five -year contract includes 166 Axon Body 3 cameras with evidence and records management capabilities; 100 Taser 7s conducted energy weapons; the combination of basic license, including storage; and camera bundles including equipment and docking stations. Services and products provided shall also include all necessary licenses. The annual breakdown of costs is:

Year 1: $429,698.97
Year 2: $275,609.94
Year 3: $275,609.94
Year 4: $275,609.94
Year 5: $275,609.94
Total Price: $1,532,138.75

RESOLUTIONS
a. Resolution No. 2022-95
b. Resolution No. 2022-95 Exhibit “A”

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CITY OF ESCONDIDO

PUBLIC SERVICES AGREEMENT
This Public Services Agreement (“Agreement”) is made and entered into as of this _____ day of _______________, 2022 (“Effective Date”),
Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Lt. Craig Miller
760-839-4704
("CITY")
And: Axon Enterprise, Inc.
a Delaware corporation
17800 N. 85th Street
Scottsdale, AZ 85255
Attn: Chris Morton
206-310-6165
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties desire to enter into this Agreement for the performance of the Services described herein.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

1. Description of Services. CONTRACTOR shall furnish all of the Services described in the Scope of Work, which is attached to this Agreement as Attachment “A” and incorporated herein by this reference (“Services”).

2. Compensation. In exchange for CONTRACTOR’s completion of the Services, the CITY shall pay, and CONTRACTOR sha ll accept in full, an amount not to exceed the sum of $1,532,138.73.

CONTRACTOR shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent. If this Agreement is amended at any time, additional compensation of CONTRACTOR contained in any subsequent amendments shall not exceed a cumulative total of 25% of the maximum payment provided for in thi s Section 2, unless approved by resolution of the City Council.

Resolution No. 2022-95
Exhibit "A"

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3. Performance. CONTRACTOR shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement . CONTRACTOR shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other information furnished by CONTRACTOR pursuant to this Agreement, except that CONTRACTOR shall not be responsible for the accuracy of information supplied by the CITY.

4. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONTRACTOR with 30 days’ advance written notice. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONTRACTOR, then CONTRACTOR shall be compensated based on the work satisfactorily performed at the time of such termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the Services.

5. City Property. All original documents, drawings, electronic media, and other materials prepared by CONTRACTOR pursuant to this Agreement immediately become the exclusive property of the CITY, and shall not be used by CONTRACTOR for any other purpose without the CITY’s prior written consent.

6. Insurance Requirements.
a. CONTRACTOR shall pro cure and maintain , at its own cost, during the entire term of this Agreement, insurance against claims for injuries to pe rsons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, by CONTRACTOR, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non -owned autos (Code 9), with limit s no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division. (3) Workers’ Compensation. Worker's Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit s of no less than $1,000,000 per accident for bodily injury or disease.
(4) If CONTRACTOR maintains broader coverage and/ or higher limits than the minimums otherwise required by this Agreement , the CITY requires and shall be entit led to the broader coverage and/or the higher limits maintained by CONTRACTOR. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the Resolution No. 2022-95
Exhibit "A"

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addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobil e Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Primary Coverage. CONTRACTOR’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it. (4) Notice of Cancellation . Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated in this Agreement, and CONTRACTOR shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTR ACTOR, its agents, representatives, employees and subcontractors.
(7) Self-Insurance. CONTRACTOR may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONTRACTOR shall only be permitted to utilize such self-insurance if, in the opinion of the CITY, 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 Agreement. CONTRACTOR’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right , at any point during th e term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwi se assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement . In the event that CONTRACTOR fails to comply with Resolution No. 2022-95
Exhibit "A"

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any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONTRACTOR to stop work under this Agreement and/or withhold any payment that becomes due to CONTRACTOR until CO NTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

7. Indemnification, Duty to Defend, and Hold Harmless.
a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, p enalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (co llectively, “Claims”), of every nature caused by, arising out of, or in connection with CONTRACTOR’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the sole negligence or willful misconduct of the CITY. b. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall defend, indemnify, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No.

R9-2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement. c. All terms and provisions within this Section 7 shall survive the termination of this Agreement.

8. Anti-Assignment Clause. Because the CITY has relied on the particular skills of CONTRACTOR in entering into this Agreement, CONTRACTOR shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assignment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective. Unless CONTRACTOR assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONTRACTOR shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.

9. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Ag reement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

10. Independent Contractor . CONTRACTOR is an independent contractor , and no agency or employment relationship is created by the execution of this Agreement.

11. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONTRACTOR.

12. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONTRACTOR concerning the subject of this A greement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

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13. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.

14. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

15. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

16. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, including an attachment to an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

17. Provisions Cumulative . The foregoing provisions are cumulative to, in addition to , and not in limitation of any other rights or remedies available to the CITY.

18. Notice. Any statements, communications , or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONTRACTOR shall promptly provide the other Party with notice of any changes to such contact information.

19. Business License. CONTRACTOR shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.

20. Compliance with Laws, Permits, and Licenses. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinance s, regulations, rules, and other legal requirements in effect during the term of this A greement. CONTRACTOR shall obtain any and all permits, licenses, and other authorizations necessary to perform the Services. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRA CTOR to comply with this section.

21. Prevailing Wages . If applicable, pursuant to California Labor Code section 1770 et seq. , CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes , codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The prevailing rate and scale to be paid shall be the same as t he applicable “General Prevailing Wage Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference . Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

22. Immigration Reform and Control Act of 1986. CONTRACTOR shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONTRACTOR represents and warrants that all of its employees and the employees of any subcontractor retained by CONTRACTOR who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONTRACTOR affirms that Resolution No. 2022-95
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as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Services. CONTRACTOR agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.

23. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below. (SIGNATURE PAGE FOLLOWS)

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IN WITNESS WHEREOF, th is Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: __________________ ___________________________________ Paul McNamara
Mayor

Axon Enterprise, Inc.

Date: __________________ ___________________________________ Signature

___________________________________
Name & Title (please print)

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY

BY: __________________________

THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

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A. General

Axon Enterprise, Inc., a Delaware corporation (“Contractor”) will provide the City of Escondido, a California municipal corporation (“City”) with body worn camera ( “BWC”) and conducted energy weapon (“CEW”) hardware, software, user licenses, training, and related services.

B. Location

Contractor will provide services at various locations including the City’s Police and Fire Headquarters located at 1163 N. Centre City Parkway, Escondido, CA 92026.

C. Services

Contractor will provide BWC and CEW hardware, software, user licenses, training, and related services as more particularly described in Exhibit 1 to this Scope of Work, which is attached hereto and incorporated by this reference. In the event of any conflict between Exhibit 1 and this Agreement (including this Scope of Work), the terms of this Agreement shall prevail.

Contractor shall provide the following items pursuant to this Agreement:

1. 100 Taser 7 s, the most effective TASER weapon, with streamlined workflows and breakthrough training; and

2. 166 Axon Body 3 cameras, with evidence and records management capabilities.

Service bundles provided by Contractor under this Agreement include:

1. The combination of basic license , which includes storage, and camera bundles, including equipment and docking stations.

Services and products provided under this Agreement shall also include all necessary licenses, including but not limited to:

1. Taser 7 Evidence.com License;

2. Respond Device License;

3. Auto Tagging License;

4. Basic User License;

5. Pro User License; and

6. Axon Air UAS License.

Contractor offers warranties and camera/docking stations along with refreshes every two and a half years. Contractor shares license tier Frequently Asked Questions at:
https://my.axon.com/s/article/License-Tier-Frequently-Asked-Questions?language=en_US.

Contractor’s Master Services and Purchasing Agreement is attached to this Scope of Work as Exhibit 2 and incorporated by this reference. In the event of any conflict between Exhibit 2 and this Agreement (including this Scope of Work), the terms of this Agreement shall prevail.

D. Scheduling

Inquiries relating to this Agreement, including scheduling and service issues , may be directed to:

1. Lisa Rodelo at [email protected] or 760-839-4905; or

2. Emily Baeza at [email protected] or 760-839-4927.

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E. Contract Price and Payment Terms

The contract price shall not exceed $1,532,138.73. The contract price includes all labor, materials, equipment, and transportation required to perform the services described in Section C of this Scope of Work. Services will be billed as services are performed. Payment will be made after services have been performed and within 30 days of receipt of an invoice for those services.

The service rates as described in Exhibit 1 shall remain in effect t hroughout the term of this Agreement.

F. Term

The term of this Agreement shall be from the Effective Date of the Agreement through July 31, 2027.

G. Other

Contractor acknowledges that the term of this Agreement may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years.

This Contract may be terminated at the end of the fiscal year for which sufficient funding is not appropriated and authorized. The City is not obligated to pay Contractor for any amounts not duly appropriated and authorized by City Council.

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Q-401992-44728.048CM
Issued: 06/15/2022
Quote Expiration: 07/31/2022
Estimated Contract Start Date: 08/01/2022
Account Number: 106771
Payment Terms: N30
Delivery Method: Fedex - Ground

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Delivery;Invoice-1163 N Centre City Pkwy Escondido
Police Dept. - CA Chris Morton Craig Miller
1163 N Centre City Pkwy 1163 N Centre City Pkwy Phone: +1 2063106165 Phone: (760) 522-0449 Escondido,
CA 92026-3423 Escondido, CA 92026-3423 Email: [email protected] Email: [email protected] USA USA Fax: Fax:

Email:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $107,248.20 TOTAL COST $1,467,788.40
ESTIMATED TOTAL W/ TAX $1,532,138.73 TOTAL SAVINGS $536,241.00 Payment Summary
Date Subtotal Tax Total
Jul 2022 $407,962.52 $21,736.45 $429,698.97
Jul 2023 $264,956.47 $10,653.47 $275,609.94
Jul 2024 $264,956.47 $10,653.47 $275,609.94
Jul 2025 $264,956.47 $10,653.47 $275,609.94
Jul 2026 $264,956.47 $10,653.47 $275,609.94
Total $1,467,788.40 $64,350.33 $1,532,138.73
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Exhibit "1"
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Quote Unbundled Price: $2,004,029.40
Quote List Price: $1,681,503.00
Quote Subtotal: $1,467,788.40
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
OSP7 2021 - OFFICER SAFETY PLAN 7 100 60 $202.57 $159.00 $139.15 $834,918.29 $43,400.55 $878,318.84 BWCamTAP Body Worn Camera TAP Bundle 66 60 $37.94 $28.00 $28.00 $110,879.44 $8,593.15 $119,472.59 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 8 60 $74.80 $29.50 $0.00 $0.00 $0.00 $0.00 A la Carte Hardware
75015 SIGNAL SIDEARM KIT 66 $249.00 $249.00 $16,434.00 $1,273.65 $17,707.65 AB3C AB3 Camera Bundle 166 $699.00 $678.03 $112,552.98 $8,722.86 $121,275.84 AB3MBD AB3 Multi Bay Dock Bundle 21 $1,495.00 $1,450.15 $30,453.15 $2,360.12 $32,813.27 A la Carte Software
73682 AUTO TAGGING LICENSE 166 60 $9.00 $9.00 $89,640.00 $0.00 $89,640.00 73449 RESPOND DEVICE LICENSE 66 60 $5.00 $5.00 $19,800.00 $0.00 $19,800.00 20248 TASER 7 EVIDENCE.COM LICENSE 15 60 $5.00 $0.00 $0.00 $0.00 $0.00 73686 EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE 66 60 $24.00 $15.59 $61,748.94 $0.00 $61,748.94 100112 AXON AIR, E.COM PILOT DATA LIC 6 60 $30.00 $24.00 $8,640.00 $0.00 $8,640.00 12023 AXON AIR, CLASS 2 UAS LICENSE 2 60 $279.00 $186.93 $22,431.60 $0.00 $22,431.60 12022 AXON AIR, CLASS 1 UAS LICENSE 10 60 $167.00 $125.25 $75,150.00 $0.00 $75,150.00 ProLicense Pro License Bundle 11 60 $39.00 $39.00 $25,740.00 $0.00 $25,740.00 BasicLicense Basic License Bundle 66 60 $15.00 $15.00 $59,400.00 $0.00 $59,400.00 A la Carte Services
79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION
SERVICE 1 $0.00 $0.00 $0.00 $0.00 $0.00
Total $1,467,788.40 $64,350.33 $1,532,138.73
Exhibit "1"
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Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
2021 - OFFICER SAFETY PLAN 7 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 100 07/01/2022 2021 - OFFICER SAFETY PLAN 7 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 3 07/01/2022 2021 - OFFICER SAFETY PLAN 7 20018 TASER 7 BATTERY PACK, TACTICAL 120 07/01/2022 2021 - OFFICER SAFETY PLAN 7 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 2 07/01/2022 2021 - OFFICER SAFETY PLAN 7 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 80 07/01/2022 2021 - OFFICER SAFETY PLAN 7 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 20 07/01/2022 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 300 07/01/2022 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 200 07/01/2022 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 300 07/01/2022 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 200 07/01/2022 2021 - OFFICER SAFETY PLAN 7 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 200 07/01/2022 2021 - OFFICER SAFETY PLAN 7 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 200 07/01/2022 2021 - OFFICER SAFETY PLAN 7 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 50 07/01/2022 2021 - OFFICER SAFETY PLAN 7 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 50 07/01/2022 2021 - OFFICER SAFETY PLAN 7 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 07/01/2022 2021 - OFFICER SAFETY PLAN 7 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 07/01/2022 2021 - OFFICER SAFETY PLAN 7 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 200 07/01/2022 2021 - OFFICER SAFETY PLAN 7 74200 TASER 7 6-BAY DOCK AND CORE 1 07/01/2022 2021 - OFFICER SAFETY PLAN 7 75015 SIGNAL SIDEARM KIT 100 07/01/2022 2021 - OFFICER SAFETY PLAN 7 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 2 07/01/2022 2021 - OFFICER SAFETY PLAN 7 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 2 07/01/2022 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 183 07/01/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 166 07/01/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 5 07/01/2022 AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 183 07/01/2022 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 21 07/01/2022 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 21 07/01/2022 A la Carte 75015 SIGNAL SIDEARM KIT 66 07/01/2022
2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 200 07/01/2023 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 200 07/01/2023 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 200 07/01/2024 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 200 07/01/2024 2021 - OFFICER SAFETY PLAN 7 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 200 07/01/2024 2021 - OFFICER SAFETY PLAN 7 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 200 07/01/2024 2021 - OFFICER SAFETY PLAN 7 73309 AXON CAMERA REFRESH ONE 103 01/01/2025 2021 - OFFICER SAFETY PLAN 7 73689 MULTI-BAY BWC DOCK 1ST REFRESH 13 01/01/2025 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 MULTI-BAY BWC DOCK 1ST REFRESH 8 01/01/2025 Body Worn Camera TAP Bundle 73309 AXON CAMERA REFRESH ONE 68 01/01/2025 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 200 07/01/2025 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 200 07/01/2025 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 200 07/01/2026 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 200 07/01/2026 2021 - OFFICER SAFETY PLAN 7 73310 AXON CAMERA REFRESH TWO 103 07/01/2027 Exhibit "1"
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Hardware
Bundle Item Description QTY Estimated
Delivery Date
2021 - OFFICER SAFETY PLAN 7 73688 MULTI-BAY BWC DOCK 2ND REFRESH 13 07/01/2027 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 MULTI-BAY BWC DOCK 2ND REFRESH 8 07/01/2027 Body Worn Camera TAP Bundle 73310 AXON CAMERA REFRESH TWO 68 07/01/2027 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date 2021 - OFFICER SAFETY PLAN 7 20248 TASER 7 EVIDENCE.COM LICENSE 100 08/01/2022 07/31/2027 2021 - OFFICER SAFETY PLAN 7 20248 TASER 7 EVIDENCE.COM LICENSE 1 08/01/2022 07/31/2027 2021 - OFFICER SAFETY PLAN 7 73449 RESPOND DEVICE LICENSE 100 08/01/2022 07/31/2027 2021 - OFFICER SAFETY PLAN 7 73638 STANDARDS ACCESS LICENSE 100 08/01/2022 07/31/2027 2021 - OFFICER SAFETY PLAN 7 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 100 08/01/2022 07/31/2027 2021 - OFFICER SAFETY PLAN 7 73687 EVIDENCE.COM VIEWER LICENSE 1 08/01/2022 07/31/2027 2021 - OFFICER SAFETY PLAN 7 73746 PROFESSIONAL EVIDENCE.COM LICENSE 100 08/01/2022 07/31/2027 Basic License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 66 08/01/2022 07/31/2027 Basic License Bundle 73840 EVIDENCE.COM BASIC LICENSE 66 08/01/2022 07/31/2027 Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 33 08/01/2022 07/31/2027 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 11 08/01/2022 07/31/2027 A la Carte 100112 AXON AIR, E.COM PILOT DATA LIC 6 08/01/2022 07/31/2027 A la Carte 12022 AXON AIR, CLASS 1 UAS LICENSE 10 08/01/2022 07/31/2027 A la Carte 12023 AXON AIR, CLASS 2 UAS LICENSE 2 08/01/2022 07/31/2027 A la Carte 20248 TASER 7 EVIDENCE.COM LICENSE 15 08/01/2022 07/31/2027 A la Carte 73449 RESPOND DEVICE LICENSE 66 08/01/2022 07/31/2027 A la Carte 73682 AUTO TAGGING LICENSE 166 08/01/2022 07/31/2027 A la Carte 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 66 08/01/2022 07/31/2027 Services
Bundle Item Description QTY
2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 A la Carte 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date 2021 - OFFICER SAFETY PLAN 7 80464 EXT WARRANTY, CAMERA (TAP) 100 08/01/2022 07/31/2027 2021 - OFFICER SAFETY PLAN 7 80464 EXT WARRANTY, CAMERA (TAP) 3 08/01/2022 07/31/2027 2021 - OFFICER SAFETY PLAN 7 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 13 08/01/2022 07/31/2027 Exhibit "1"
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Warranties
Bundle Item Description QTY Estimated
Start Date Estimated
End Date
Body Worn Camera Multi-Bay Dock TAP Bundle 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 8 08/01/2022 07/31/2027 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP) 66 08/01/2022 07/31/2027 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP) 2 08/01/2022 07/31/2027 2021 - OFFICER SAFETY PLAN 7 80374 EXT WARRANTY, TASER 7 BATTERY PACK 120 07/01/2023 07/31/2027 2021 - OFFICER SAFETY PLAN 7 80395 EXT WARRANTY, TASER 7 HANDLE 100 07/01/2023 07/31/2027 2021 - OFFICER SAFETY PLAN 7 80395 EXT WARRANTY, TASER 7 HANDLE 3 07/01/2023 07/31/2027 2021 - OFFICER SAFETY PLAN 7 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 07/01/2023 07/31/2027 Exhibit "1"
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Payment Details
Jul 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 20248 TASER 7 EVIDENCE.COM LICENSE 15 $0.00 $0.00 $0.00 Year 1 73449 RESPOND DEVICE LICENSE 66 $3,960.00 $0.00 $3,960.00 Year 1 73682 AUTO TAGGING LICENSE 166 $17,928.00 $0.00 $17,928.00 Year 1 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 66 $12,349.78 $0.00 $12,349.78 Year 1 75015 SIGNAL SIDEARM KIT 66 $3,286.80 $254.73 $3,541.53 Year 1 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 $0.00 $0.00 $0.00 Year 1 BasicLicense Basic License Bundle 66 $11,880.00 $0.00 $11,880.00 Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 8 $0.00 $0.00 $0.00 Year 1 BWCamTAP Body Worn Camera TAP Bundle 66 $22,175.92 $1,718.63 $23,894.55 Year 1 OSP7 2021 - OFFICER SAFETY PLAN 7 100 $166,983.57 $8,680.11 $175,663.68 Year 1 ProLicense Pro License Bundle 11 $5,148.00 $0.00 $5,148.00 Year 1 - Upfront HW AB3C AB3 Camera Bundle 166 $112,552.98 $8,722.86 $121,275.84 Year 1 - Upfront HW AB3MBD AB3 Multi Bay Dock Bundle 21 $30,453.15 $2,360.12 $32,813.27 Year 1 - Air 100112 AXON AIR, E.COM PILOT DATA LIC 6 $1,728.00 $0.00 $1,728.00 Year 1 - Air 12022 AXON AIR, CLASS 1 UAS LICENSE 10 $15,030.00 $0.00 $15,030.00 Year 1 - Air 12023 AXON AIR, CLASS 2 UAS LICENSE 2 $4,486.32 $0.00 $4,486.32 Total $407,962.52 $21,736.45 $429,698.97
Jul 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 20248 TASER 7 EVIDENCE.COM LICENSE 15 $0.00 $0.00 $0.00 Year 2 73449 RESPOND DEVICE LICENSE 66 $3,960.00 $0.00 $3,960.00 Year 2 73682 AUTO TAGGING LICENSE 166 $17,928.00 $0.00 $17,928.00 Year 2 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 66 $12,349.79 $0.00 $12,349.79 Year 2 75015 SIGNAL SIDEARM KIT 66 $3,286.80 $254.73 $3,541.53 Year 2 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 $0.00 $0.00 $0.00 Year 2 BasicLicense Basic License Bundle 66 $11,880.00 $0.00 $11,880.00 Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 8 $0.00 $0.00 $0.00 Year 2 BWCamTAP Body Worn Camera TAP Bundle 66 $22,175.88 $1,718.63 $23,894.51 Year 2 OSP7 2021 - OFFICER SAFETY PLAN 7 100 $166,983.68 $8,680.11 $175,663.79 Year 2 ProLicense Pro License Bundle 11 $5,148.00 $0.00 $5,148.00 Year 2 - Air 100112 AXON AIR, E.COM PILOT DATA LIC 6 $1,728.00 $0.00 $1,728.00 Year 2 - Air 12022 AXON AIR, CLASS 1 UAS LICENSE 10 $15,030.00 $0.00 $15,030.00 Year 2 - Air 12023 AXON AIR, CLASS 2 UAS LICENSE 2 $4,486.32 $0.00 $4,486.32 Total $264,956.47 $10,653.47 $275,609.94
Jul 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 20248 TASER 7 EVIDENCE.COM LICENSE 15 $0.00 $0.00 $0.00 Year 3 73449 RESPOND DEVICE LICENSE 66 $3,960.00 $0.00 $3,960.00 Year 3 73682 AUTO TAGGING LICENSE 166 $17,928.00 $0.00 $17,928.00 Year 3 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 66 $12,349.79 $0.00 $12,349.79 Exhibit "1"
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Jul
2024
Invoice
Plan Item Description Qty Subtotal Tax Total
Year 3 75015 SIGNAL SIDEARM KIT 66 $3,286.80 $254.73 $3,541.53 Year 3 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 $0.00 $0.00 $0.00 Year 3 BasicLicense Basic License Bundle 66 $11,880.00 $0.00 $11,880.00 Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 8 $0.00 $0.00 $0.00 Year 3 BWCamTAP Body Worn Camera TAP Bundle 66 $22,175.88 $1,718.63 $23,894.51 Year 3 OSP7 2021 - OFFICER SAFETY PLAN 7 100 $166,983.68 $8,680.11 $175,663.79 Year 3 ProLicense Pro License Bundle 11 $5,148.00 $0.00 $5,148.00 Year 3 - Air 100112 AXON AIR, E.COM PILOT DATA LIC 6 $1,728.00 $0.00 $1,728.00 Year 3 - Air 12022 AXON AIR, CLASS 1 UAS LICENSE 10 $15,030.00 $0.00 $15,030.00 Year 3 - Air 12023 AXON AIR, CLASS 2 UAS LICENSE 2 $4,486.32 $0.00 $4,486.32 Total $264,956.47 $10,653.47 $275,609.94
Jul 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 20248 TASER 7 EVIDENCE.COM LICENSE 15 $0.00 $0.00 $0.00 Year 4 73449 RESPOND DEVICE LICENSE 66 $3,960.00 $0.00 $3,960.00 Year 4 73682 AUTO TAGGING LICENSE 166 $17,928.00 $0.00 $17,928.00 Year 4 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 66 $12,349.79 $0.00 $12,349.79 Year 4 75015 SIGNAL SIDEARM KIT 66 $3,286.80 $254.73 $3,541.53 Year 4 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 $0.00 $0.00 $0.00 Year 4 BasicLicense Basic License Bundle 66 $11,880.00 $0.00 $11,880.00 Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 8 $0.00 $0.00 $0.00 Year 4 BWCamTAP Body Worn Camera TAP Bundle 66 $22,175.88 $1,718.63 $23,894.51 Year 4 OSP7 2021 - OFFICER SAFETY PLAN 7 100 $166,983.68 $8,680.11 $175,663.79 Year 4 ProLicense Pro License Bundle 11 $5,148.00 $0.00 $5,148.00 Year 4 - Air 100112 AXON AIR, E.COM PILOT DATA LIC 6 $1,728.00 $0.00 $1,728.00 Year 4 - Air 12022 AXON AIR, CLASS 1 UAS LICENSE 10 $15,030.00 $0.00 $15,030.00 Year 4 - Air 12023 AXON AIR, CLASS 2 UAS LICENSE 2 $4,486.32 $0.00 $4,486.32 Total $264,956.47 $10,653.47 $275,609.94
Jul 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 20248 TASER 7 EVIDENCE.COM LICENSE 15 $0.00 $0.00 $0.00 Year 5 73449 RESPOND DEVICE LICENSE 66 $3,960.00 $0.00 $3,960.00 Year 5 73682 AUTO TAGGING LICENSE 166 $17,928.00 $0.00 $17,928.00 Year 5 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 66 $12,349.79 $0.00 $12,349.79 Year 5 75015 SIGNAL SIDEARM KIT 66 $3,286.80 $254.73 $3,541.53 Year 5 79999 AUTO TAGGING / PERFORMANCE IMPLEMENTATION SERVICE 1 $0.00 $0.00 $0.00 Year 5 BasicLicense Basic License Bundle 66 $11,880.00 $0.00 $11,880.00 Year 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 8 $0.00 $0.00 $0.00 Year 5 BWCamTAP Body Worn Camera TAP Bundle 66 $22,175.88 $1,718.63 $23,894.51 Year 5 OSP7 2021 - OFFICER SAFETY PLAN 7 100 $166,983.68 $8,680.11 $175,663.79 Year 5 ProLicense Pro License Bundle 11 $5,148.00 $0.00 $5,148.00 Year 5 - Air 100112 AXON AIR, E.COM PILOT DATA LIC 6 $1,728.00 $0.00 $1,728.00 Year 5 - Air 12022 AXON AIR, CLASS 1 UAS LICENSE 10 $15,030.00 $0.00 $15,030.00 Exhibit "1"
Resolution No. 2022-95
Exhibit "A"

155
Item14.

Jul 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 - Air 12023 AXON AIR, CLASS 2 UAS LICENSE 2 $4,486.32 $0.00 $4,486.32 Total $264,956.47 $10,653.47 $275,609.94

Exhibit "1"
Resolution No. 2022-95
Exhibit "A"

156
Item14.

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior
to invoicing.

Contract Sourcewell Contract #010720-AXN is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This
Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted
at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop
new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any
purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Exhibit "1"
Resolution No. 2022-95
Exhibit "A"

157
Item14.

Exceptions to Standard Terms and Conditions
Agency has existing contract 00022633 (originated via Q-108466) and is terminating that contract upon the new license start date (8/1/2022) of this quote.

The parties agree that Axon is granting a refund of $10,354.50 to refund paid, but undelivered services. This discount is based on a ship date range of 7/1/2022- 7/15/2022, resulting in a 8/1/2022 license date. Any change in this date and resulting license start date will result in modification of this discount value which may result in additional fees due to or from Axon.
\s1\ \d1\
Signature Date Signed
6/15/2022
Exhibit "1"
Resolution No. 2022-95
Exhibit "A"

158
Item14.

ATTENTION
This order may qualify for freight shipping, please fill out the following information.

Who is the receiving contact and what is the contact phone number
for this shipment?
What are the receiving hours of operation?
Is a loading dock available for this incoming shipment? If yes, are you able to unload pallets from the trailer or will the driver
need to assist with unload?
Do you have a forklift and/or pallet jack to transport pallets into your
facility?
Are there any delivery restrictions (no 53' trailers, no box trucks,
etc.)?

Exhibit "1"
Resolution No. 2022-95
Exhibit "A"

159
Item14.

Master Services and Purchasing Agreement between
Axon and Agency
Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 13.0
Release Date: 3/31/2021 Page 1 of 20
This Master Services and Purchasing Agreement (“Agreement”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and the agency on the Quote (“Agency”). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the Quote (“Effective Date”). Axon and Agency are each a “ Party” and collectively “Parties”. This Agreement governs Agency’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix (“Quote”). It is the intent of the Parties that this Agreement act as a master agreement governing all subsequent purchases by Agency for the same Axon products and services in the Quote, and all such subsequent quotes accepted by Agency shall be also incorporated into this Agreement by reference as a Quote. The Parties therefore agree as follows:
1 Definitions.
“Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Evidenc e.com and Axon Devices or Axon c lient software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. “Axon Device” means all hardware provided by Axon under this Agreement. “Quote” means an offer to sell and is only valid for devices and services on the quote at the specified prices.

Any terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote .

Shipping dates are estimates only. Axon is not responsible for typographical errors in any offer by Axon, and Axon reserves the right to cancel any orders resulting from such errors. “Services” means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services.
2 Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated (“Term”).

All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 plans begin after shipment of the applicable Axon Device. If Axon ships the Axon Device in the first half of the month, the start date is the 1st of the following month. If Axon ships the Axon Device in the second half of the month, the start date is the 15th of the following month. For purchases solely of Axon Evidence subscriptions, the start date is the Effective Date. Each subscription term ends upon completion of the subscription stated in the Quote (“Subscription Term”).

Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5 years (“Renewal Term”). For purchase of TASER 7 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases , Axon may increase pricing on all line items in the Quote up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first.
3 Payment. Axon invoices upon shipment . P ayment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees. 4 Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate.
5 Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote. 6 Returns. All sales are final . Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.

Exhibit "2"
Resolution No. 2022-95
Exhibit "A"

160
Item14.

Master Services and Purchasing Agreement between
Axon and Agency

Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 13.0
Release Date: 3/31/2021 Page 2 of 20
7 Warranty.

7.1 Hardware Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal Sidearm, which Axon warrants for 30 months from the date of Agency’s receipt. Axon warrants its Axon-manufactured accessories for 90 -days from the date of Agency’s receipt. Used conducted energy weapon (“ CEW”) cartridges are deemed to have operated properly . Extended warranties run from the expiration of the 1-year hardware warranty through the extended warranty term. Non- Axon manufactured Devices are not covered by Axon’s warranty . Agency should contact the manufacturer for support of non-Axon manufactured Devices.

7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Device with the same or like Device, at Axon’s option. A replacement Axon Device will be new or like new. Axon will warrant the replacement Axon Device for the longer of (a) the remaining warranty of the original Axon Device or (b) 90-days from the date of repair or replacement.

If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering a Axon Device for service, Agency must upload Axon Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon Device sent to Axon for service.

7.3 Spare Axon Devices. For qualified purchases, Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”). Spare Axon Devices are intended to replace broken or non -functioning units while Agency submits the broken o r non- functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the event Agency does not utilize Spare Axon Devices for the intended purpose.

7.4 Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device ; (d) force majeure; (e) Axon Device s repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number.

7.4.1 To the extent permitted by law, the above warranties and remedies are exclusive .

Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement.

7.4.2 Axon’s cumulative liability to any Party for any loss or d amage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the 12 months preceding the claim. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.

8 Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables (“SOW”). In the event Axon provides an SOW to Agency, Axon is only responsible to perform Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference.

9 Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.

Exhibit "2"
Resolution No. 2022-95
Exhibit "A"

161
Item14.

Master Services and Purchasing Agreement between
Axon and Agency

Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 13.0
Release Date: 3/31/2021 Page 3 of 20
10 Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency.

11 Bundled Offerings . Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund , credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle .

12 Indemnification for Third Party Claims. Axon will indemnify Agency’s officers, directors, and employees (“Agency Indemnitees”) against all claims, demands, losses, and reasonable expenses arising out of a third-party claim against an Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under this Agreement, e xcept to the extent of Agency’s negligence or willful misconduct, or claims under workers compensation.

13 IP Rights. Axon owns and reserves all right, title, and interest in Axon devices and services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated.

14 IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon Devices or Services infringes or misappropriates the third-party’s intellectual property rights. Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon.

15 Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; and (c) a dispute between Agency and a third-party over Agency’s use of Axon Devices.

16 Termination.

16.1 For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.

16.2 By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable.

16.3 Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate.

Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Device s received , including any Spare Axon Devices, and amount s paid towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components.

17 Confidentiality. “Confidential Information” means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for 5-years thereafter. Axon pricing Exhibit "2"
Resolution No. 2022-95
Exhibit "A"

162
Item14.

Master Services and Purchasing Agreement between
Axon and Agency

Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 13.0
Release Date: 3/31/2021 Page 4 of 20
is Confidential Information and competition sensitive. I f either party is required by law to disclose Confidential Information , the disclosing party will provide notice to the non -disclosing party prior to disclosure to allow the non -disclosing party to seek a protective order or other remedy at non -disclosing party’s sloe cost. Axon may publicly announce information related to this Agreement.

18 General.

18.1 Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.

18.2 Independent Contractors. The Parties are independent contractors . Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.

18.3 Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.

18.4 Non-Discrimination. Neither Party nor its employees will discriminate against any person based on ra ce; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status ; age; national origin ; ancestry; genetic information ; disability; veteran status; or any class protected by local, state, or federal law.

18.5 Export Compliance. Each Party will comply with all import and export control laws and regulations.

18.6 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.

18.7 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.

18.8 Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities.

18.9 Governing Law. The laws of the state where Agency is physically located , without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

18.10 Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting . Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Contact information for notices:

Axon: Axon Enterprise, Inc. Agency: Escondido Police Department Attn: Legal Attn: Craig Miller
17800 N. 85th Street Street Address: 1163 N Centre City Pkwy Scottsdale, Arizona 85255 City, State, Zip: Escondido, CA 92026-3423 [email protected] Email:[email protected]
(Signature Page Follows)

Exhibit "2"
Resolution No. 2022-95
Exhibit "A"

163
Item14.

Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 13.0
Release Date: 3/31/2021 Page 5 of 20
Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature.

AXON: AGENCY:

Axon Enterprise, Inc. Escondido Police Department

Signature:

Signature:

Name: Name:

Title:

Title:

Date:

Date:

Exhibit "2"
Resolution No. 2022-95
Exhibit "A"

164
Item14.

Master Services and Purchasing Agreement

Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 13.0
Release Date: 3/31/2021 Page 6 of 20
Axon Cloud Services Terms of Use Appendix

1 Definitions.
“Agency Content” is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency.

Agency Content includes Evidence but excludes Non-Content Data.

“Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by a n Agency.

Evidence is a subset of Agency Content.

“Non-Content Data ” is data, configuration, and usage information about Agency’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non -Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content.

“Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2 Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies . Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data (“TASER Data”). Agency may not upload non- TASER Data to Axon Evidence Lite.

3 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon’s business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Age ncy Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.

4 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management ; incident monitoring and response ; encryption of uploaded digital evidence ; security education ; and data protection. Axon agrees to the F ederal Bureau of Investigation Criminal Justice Information Services Security Addendum.

5 Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user ’s use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and ( c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Cloud Services.

Agency will also maintain the security of end user names and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately Exhibit "2"
Resolution No. 2022-95
Exhibit "A"

165
Item14.

Master Services and Purchasing Agreement

Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 13.0
Release Date: 3/31/2021 Page 7 of 20
if an unauthorized party may be using Agency’s account or Agency Content, or if account information is lost or stolen.

To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at
https://www.youtube.com/static?template=terms.

6 Privacy. Agency’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services- privacy-policy. Agency agrees to allow Axon access to Non -Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.

7 Axon Body 3 Wi -Fi Positioning . Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance , within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content and Personal Da ta will be sent to Skyhook Holdings, Inc . (“Skyhook”) to facilitate the Wi -Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy .

8 Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access.

9 Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage.

Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States. Ownership of Agency Content remains with Agency.

10 Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services , the systems , or con tent of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent.

Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement.

11 Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services.

12 Axon Records. Axon Records is the software -as-a-service product that is generally available at the time Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term, Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.

The Axon Records Subscription Term will end upon the competition of the Axon Records Exhibit "2"
Resolution No. 2022-95
Exhibit "A"

166
Item14.

Master Services and Purchasing Agreement

Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 13.0
Release Date: 3/31/2021 Page 8 of 20
Subscription as documented in the Quote, or if purchased as part of an OSP 7 bundle, upon competition of the OSP 7 Term (“Axon Records Subscription”)

An “Update” is a generally available release of Axon Records that Axon makes available from time to time. An “ Upgrade” includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications.

New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later o f the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency.

13 Axon Cloud Services Restrictions. Agency and Agency end users (includin g employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:

13.1 copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;

13.2 reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same;

13.3 access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;

13.4 use trade secret information contained in Axon Cloud Services , except as exp ressly permitted in this Agreement;

13.5 access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;

13.6 remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or

13.7 use Axon Cloud Services to store or transmit infringing, libelous, o r other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code.

14 After Termination. Axon will not delete Agency Content for 90-days following termination. There will be no functionality of Axon Cloud Services during these 90-days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time . Axon has no obl igation to maintain or provide Agency Content after these 90-days and will thereafter, unless legally prohibited, delete all Agency Content.

Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services.

15 Post-Termination Assistance . Axon will provide Agency with the same post -termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloadi ng or transferring Agency Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.

16 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data”, as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services.

Exhibit "2"
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17 Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions.

Exhibit "2"
Resolution No. 2022-95
Exhibit "A"

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Axon Customer Experience Improvement Program Appendix

1 Axon Customer Experience Improvement Program (ACEIP) . The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axo n as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers, to provide, develop, improve, and support current and future Axon products (collectively, “ ACEIP Purposes”). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data gove rnance policy, including high industry standards of de -identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.

1.1 ACEIP Tier 1.

1.1.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, “ ACEIP Content ”). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de -identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual (“Privacy Preserving Technique(s) ”). For illustrative purposes, some examples are described in footnote 1 1. For c larity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted.

This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capa ble of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content be ing used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices

1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segm ents (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed.

Exhibit "2"
Resolution No. 2022-95
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applicable to the Agency Content or ACEIP Content (“Use Case”). From time to time, Axon may deve lop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) (“ New Use Case”).

1.1.2. Expiration of ACEIP Tier 1 . Agency consent granted herein, will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency.

1.2 ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon’s services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2, grants Axon certain additional rights to use Agency Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed or de-identified data.

☐ Check this box if Agency wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. By checking this box, Agency hereby agrees to the Axon Customer Experience Improvement Program Tier 2 Terms of Service, available at https://www.axon.com/sales-terms-and-conditions and incorporated herein by reference.

Exhibit "2"
Resolution No. 2022-95
Exhibit "A"

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Professional Services Appendix

1 Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date.

2 Body-Worn Camera Full Service (BWC Full Service) . BWC Full Service includes advance remote project planning and configuration support and up to 4 consecutive days of on-site service and a professional service s manager to work with Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency requires more than 4 consecutive on- site days, Agency must purchase additional days. BWC Full Service options include:

System set up and configuration
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Agency need • Register cameras to Agency domain
• Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access • One on-site session included
Dock configuration
• Work with Agency to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Agency • On-site assistance, not to include physical mounting of docks Best practice implementation planning session
• Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata in the field for organization purposes and other best practice for digital data management
• Provide referrals of other agencies using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies
End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review

3 Body-Worn Camera Starter Service (BWC Starter). BWC Starter includes advance remote project planning and configuration support and one day of on -site Services and a professional services manager to work closely with Agency to assess Agency’s deployment and determine which Services are appropriate. I f Agency requires more than 1 day of on -site Services, Agency must purchase additional on-site Services. The BWC Starter options include:

Exhibit "2"
Resolution No. 2022-95
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System set up and configuration (Remote Support)
• Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories & custom roles based on Agency need • Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access Dock configuration
• Work with Agency to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using “Administrator” credentials from Agency • Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide

4 Body-Worn Camera Virtual 1-Day Service (BWC Virtual). BWC Virtual includes all items in the BWC Starter Service Package, except one day of on-site services.

5 CEW Services Packages. CEW Services Packages are detailed below:

System set up and configuration
• Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence.
• Register users and assign roles in Axon Evidence.
• For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager).

Ideally, Project Manager will be assigned to Agency 4–6 weeks before rollout Best practice implementation planning session to include:
• Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEW s and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training
• Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent Axon Evidence training needs.
• For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Package: Training for up to 1 individual at Agency Exhibit "2"
Resolution No. 2022-95
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TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.

Post go-live review
For the CEW Full Service Package: On-site assistance included.

For the CEW Starter Package: Virtual assistance included.

6 Smart Weapon Transition Service. The Smart Weapon Transition Service includes:

Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models.

Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.

Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 include Smart Weapon Transition Service instead of 1- Day Device Specific Instructor Course.

7 Signal Sidearm Installation Service . If Agency purchases Signal Sidearm Installation Service, Axon will provide one day of on-site Services and one professional services manager and will cover the installation of up 100 Signal Sidearm devices per package purchased. Agency is responsible for p roviding an appropriate work area and ensuring all holsters that will have Signal Sidearm installed onto them are available on the agreed-upon installation date(s). Installation includes:

Removal of existing connection screws that affix a holster to a holster mount Proper placement of the Signal Sidearm Mounting Plate between the holster and the mount Reattachment of the holster to the mount using appropriate screws Functional testing of Signal Sidearm device

8 Out of Scope Services . Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document s cope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.

9 Delivery of Services . Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. A xon will perform a ll on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours.

10 Access Computer Systems to Perform Services . Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency.

11 Site Preparation. Axon will provi de a hardcopy or digital copy of current user documentation for the Axon Device s (“User Documentation ”). User Documentation will include all required environmental specifications for the professional Services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Device s (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed (“Installation Site”) per the environmental specifications in the Axon Device User Documentation.

Following install ation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it Exhibit "2"
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12 Acceptance. When Axon completes professional Services, Axon will present an acceptance form (“Acceptance Form ”) to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form . Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional Services.

13 Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency’s network from any cause.

Exhibit "2"
Resolution No. 2022-95
Exhibit "A"

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Technology Assurance Plan Appendix

If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies.

1 TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year Hardware Limited Warranty.

2 Officer Safety Plan. If Agency purchases an Officer Safety Plan (“ OSP”), Agency will receive the deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories as soon as available from Axon.

3 OSP 7 Term. OSP 7 begins after Axon ships the Axon Body 3 or TASER 7 hardware to Agency. If Axon ships in the first half of the month, OSP 7 starts the 1st of the following month. If Axon ships in the second half of the month, OSP 7 starts the 15th of the following month (“OSP 7 Term”).

4 TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon body-worn camera (“BWC Upgrade”) as scheduled in the Quote.

If Agency purchased TAP Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock.

5 TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon Dock as scheduled in the Quote (“Dock Upgrade”). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single -bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device , at Axon’s option. If Agency originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi -bay Axon Dock that is the same or like Axon Device, at Axon’s option.

6 Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote 60 days before the end of the Subscription Term without prior confirmation from Agency.

7 Upgrade Change. If Agency wants to change Axon Device models for the offered BWC or Dock Upgrade, Agency must pay the price difference between the MSRP for the offered BWC or Dock Upgrade and the MSRP for the model desired. If the model Agency desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. T he MSRP is the MSRP in effect at the time of the upgrade.

8 Return of Original Axon Device. Within 30 days of receiving a BWC or Dock Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Agency.

9 Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than 30 days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:

9.1 TAP and OSP coverage terminat e as of the date of termination and no refunds will be given.

9.2 Axon will not and has no obligation to provide the Upgrade Models.

9.3 Agency must make any missed payments due to the termination before Agency may purchase any future TAP or OSP.

Exhibit "2"
Resolution No. 2022-95
Exhibit "A"

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TASER 7 Appendix

This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon.

1 Duty Cartridge Replenishment Plan. If the Quote includes “ Duty Cartridge Replenishment Plan”, Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty.

2 Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, “ Training Content”), Agency may access Training Content. Axon will deliver all Training Content electronically.

3 Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus the 4-year extended term.

4 Trade-in. If the Quote contains a discount on CEW -related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount (“ Trade-In Units”) to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade- in credit. Agency may not destroy Trade-In Units and receive a trade-in credit.

Agency Size Days to Return from Start Date of TASER 7 Subscription Less than 100 officers 30 days
100 to 499 officers 90 days
500+ officers 180 days

5 TASER 7 Subscription Term . The TASER 7 Subscription Term for a standalone TASER 7 purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP 7 begins on the OSP 7 Start date.

6 Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Subscription Term. Agency may not upload any non -TASER 7 data or any other files to Axon Evidence . Agency may not exceed the number of end users than the Quote specifies.

7 Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content, so Agency may file an objection with the court or administrative body.

8 Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination:

Exhibit "2"
Resolution No. 2022-95
Exhibit "A"

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Master Services and Purchasing Agreement

Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 13.0
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8.1 TASER 7 extended warranties and access to Training Content will terminate. No refunds will be given.

8.2 Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, ho lster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination.

8.3 Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan.

Exhibit "2"
Resolution No. 2022-95
Exhibit "A"