Agenda packet — Escondido City Council, July 19, 2023 (part 1 of 5)

CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, JULY 19, 2023
3:30 PM - Closed Session (Parkview Conference Room)
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
Dane White

DEPUTY MAYOR
Joe Garcia (District 2)

COUNCILMEMBERS
Consuelo Martinez (District 1)
Christian 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 19, 2023

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 19, 2023

CLOSED SESSION
3:30 PM

CALL TO ORDER

1. Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

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.

CLOSED SESSION
I. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) a. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Police Officers' Association Sworn Personnel Bargaining Unit b. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Police Officers' Association Non-Sworn Personnel Bargaining Unit c. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Firefighters’ Association Safety and Non-safety Bargaining Unit d. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: ECEA Unit (SUP)
e. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Maintenance and Operations Bargaining Unit (Teamsters Local 911 and ACE) 3 Wednesday, July 19, 2023
II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) a. Property: 272 E. Via Rancho Pkwy (North County Mall) Agency Negotiator: Sean McGlynn, City Manager or designee Negotiating Parties: Larry Green, L. Green Investment & Development, LLC Under Negotiation: Price and Terms of Potential Ground Lease (former Nordstrom) b. Property: 272 E. Via Rancho Pkwy, Escondido (North County Mall) Agency Negotiator: Sean McGlynn, City Manager or designee Negotiating Parties: Steerpoint Capital
Under Negotiation: Price and Terms of Ground Lease Amendment III. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Government Code § 54956.9(d)(1)) a. Touchstone MF Fund I, LLC v. City of Escondido
San Diego Superior Court Case No. 37-2020-00020856-CU-BC-NC

ADJOURNMENT
4 Wednesday, July 19, 2023

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 remarks 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: C. Garcia, J. Garcia, Martinez, Morasco, White

PRESENTATION
Badge Pinning Ceremony - Fire Chief John Tenger

CLOSED SESSION REPORT

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) - 5 Wednesday, July 19, 2023

2. APPROVAL OF WARRANT REGISTER (COUNCIL)
Request approval for City Council and Housing Successor Agency warrant numbers:
 374431 – 374606 dated June 14, 2023
 374607 – 374830 dated June 21, 2023
 374831 – 374998 dated June 28, 2023
Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: Regular Meetings of June 14, 2023 and June 21, 2023

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS –

5. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2000-01 (HIDDEN TRAILS) Request the City Council adopt Resolution 2023-80, setting the Special Tax Levy for Community Facilities District No. 2000-01 (Hidden Trails)(the “District”) for Fiscal Year 2023/24.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
a) Resolution No. 2023-80

6. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2006-01 (EUREKA RANCH) Request the City Council adopt Resolution 2023-81, setting the Special Tax Levy for Community Facilities District No. 2006-01 (Eureka Ranch) (the “District”) for Fiscal Year 2023-24.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
a) Resolution No. 2023-81

7. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2020-2 (THE VILLAGES) Request the City Council adopt Resolution 2023-83, setting the Special Tax Levy for Community Facilities District No. 2020-2 (The Villages)(The “District”) for Fiscal Year 2023/24.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
a) Resolution 2023-83
6 Wednesday, July 19, 2023

8. SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2022-1 (ECLIPSE/MOUNTAIN HOUSE)
Request the City Council adopt Resolution 2023-84, setting the Special Tax Levy for Community Facilities District No. 2022-1(Eclipse/Mountain House) (the “District”) for Fiscal Year 2023-24.

Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
a) Resolution No. 2023-84

9. AWARD PURCHASE OF FUELS FOR FISCAL YEAR 2024
Request the City Council adopt Resolution No. 2023-92, approving the purchase of unleaded gasoline and diesel fuel from SC Fuels, Inc. in the amount of $1,550,000 utilizing a 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 Department: Joseph Goulart, Director of Public Works) Presenter: Jeramiah Jennings, Fleet Maintenance Superintendent a) Resolution No. 2023-92

10. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FINAL ENGINEER'S REPORT FOR FISCAL YEAR 23/24
Request the City Council approve Resolution Number 2023-87 approving the Assessment Engineer’s Report and the annual levy and collection of assessments for the City of Escondido Landscape Maintenance Assessment District (“LMD”) (Attachment “1”, LMD Map) for Zones 1 through 38 for 2023/2024 fiscal year.

Staff Recommendation: Approval (Development Services Department: Andrew Firestone, Development Services Director, and Julie Procopio, City Engineer)
Presenter: Brad Mason, Landscape Project Manager
a) Resolution No. 2023-87
7 Wednesday, July 19, 2023

11. CONSULTING AGREEMENT WITH FEHR & PEERS TO PREPARE A MOBILITY ELEMENT UPDATE

INCLUDING A COMPREHENSIVE ACTIVE TRANSPORTATION STRATEGY AND VOUCHER AGREEMENT

WITH CALSTART FOR FUNDING A COMMUNITY TRANSPORTATION NEEDS ASSESSMENT Request the City Council take the following actions: Adopt Resolution No. 2023-91 authorizing the Mayor to execute, on behalf of the City, a Consulting Agreement with Fehr & Peers to prepare the Mobility Element Update including a Comprehensive Active Transportation Strategy and Community Transportation Needs Assessment in an amount not to exceed $525,340; and adopt Resolution No. 2023-69 authorizing the Mayor to execute, on behalf of the City, a Voucher Agreement with CALSTART, to receive $100,000 through Clean Mobility Options, to fund the preparation of a Community Transportation Needs Assessment by Fehr & Associates.

Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Development Services Director and Julie Procopio, City Engineer)
Presenter: Edd Alberto, City Traffic Engineer
a) Resolution No. 2023-91
b) Resolution No. 2023-69

12. APPROVE CHANGE ORDER TO COMPLETE ADDITIONAL WORK FOR THE STORM DRAIN

REHABILITATION PROJECT, PHASE III
Request the City Council adopt Resolution No. 2023-90 authorizing a change order with Sancon Technologies, Inc. in an amount not to exceed $551,361.23 to add rehabilitation of two 66" storm drain pipelines to the Storm Drain Rehabilitation, Phase III project (“Project”).

Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services and Julie Procopio, City Engineer) Presenter: Jonathan Schauble, Principal Civil Engineer
a) Resolution No. 2023-90

13. SAN DIEGO DROWNING PREVENTION FOUNDATION GRANT - $3,000 Request the City Council adopt Resolution No. 2023-79 authorizing the Director of Communications & Community Services to receive a $3,000 grant from the San Diego Drowning Prevention Foundation.

Staff Recommendation: Approval (Community Services: Joanna Axelrod, Deputy City Manager/Director of Communications and Community Services)
Presenter: Robert Rhoades, Deputy Director of Community Services a) Resolution No. 2023-79
8 Wednesday, July 19, 2023

14. LIBRARY CRITICAL INFRASTRUCTURE PROJECT MANAGEMENT CONSULTING AGREEMENT WITH

GRIFFIN STRUCTURES
Request the City Council adopt Resolution No. 2023-86, authorizing the Mayor to execute a Consulting Agreement with Griffin Structures in the amount of $798,000 for the project and construction management services related to the Escondido Public Library Critical Infrastructure and Modernization Project (“Project”).

Staff Recommendation: Approval (Communications & Community Services Department: Joanna Axelrod, Deputy City Manager/Director of Communications & Community Services) Presenter: Joanna Axelrod, Deputy City Manager/Director of Communications & Community Services a) Resolution No. 2023-86

15. REVIEW AND UPDATE OF CITY COUNCIL INTERAGENCY AND SUBCOMMITTEE ASSIGNMENTS Request the City Council ratify members to serve on the Mayor/Council boards and subcommittees per the attached listing.

Staff Recommendation: Approval (City Clerk's Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk

PUBLIC HEARING

16. EAST VALLEY SPECIFIC PLAN
Request the City Council establish the East Valley Specific Plan by adopting Resolution No. 2023-85, certifying the Program Environmental Impact Report prepared for the East Valley Specific Plan; and adopting Ordinance No. 2023-10, approving the East Valley Specific Plan and rezoning the East Valley Specific Plan area from General Commercial (CG), Hospital Professional (HP), and Commercial Professional (CP), to Specific Plan (S-P).

Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Adam Finestone, City Planner
a) Resolution No. 2023-85
b) Ordinance No. 2023-10 (First Reading and Introduction) 9 Wednesday, July 19, 2023

CURRENT BUSINESS

17. CITY OF ESCONDIDO’S WRITTEN RESPONSE TO THE SAN DIEGO COUNTY GRAND JURY REPORT TITLED “HOUSING IN SAN DIEGO COUNTY”
Request the City Council adopt Resolution No. 2023-78 approving the written response of the City of Escondido to the 2022/2023 San Diego County Grand Jury Report titled “Housing in San Diego County.” Staff Recommendation: Approval (City Attorney’s Office: Michael McGuinness, City Attorney; Development Services Department: Andrew Firestine, Director of Development Services) Presenter: Michael McGuinness, City Attorney
a) Resolution No. 2023-78

18. COOL ZONE PRACTICES
Request the City Council receive and file a presentation on Cool Zone Practices.

Staff Recommendation: Receive and File (City Clerk's Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk

FUTURE AGENDA

19. 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)

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS
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.
10 Wednesday, July 19, 2023

ADJOURNMENT

UPCOMING MEETING SCHEDULE
Wednesday, August 09, 2023 4:00 & 5:00 PM Regular Meeting, Council Chambers Wednesday, August 16, 2023 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. 11 Consent Item No. 1 July 19, 2023

A F F I D A V I T S
OF

I T E M
P O S T I N G –
 PHG20-0028: EAST VALLEY SPECIFIC PLAN
12 Item1.

CITY OF ESCONDIDO

OFFICE OF THE CITY CLERK
201 NORTH BROADWAY
ESCONDIDO, CA 92025-2798
760-839-4617

NOTICE OF PUBLIC HEARING
The Escondido City Council will hold a public hearing in the City Council Chambers, Escondido City Hall, 201 N. Broadway, Escondido, California at 5 p.m. on Wednesday, July 19, 2023, to consider the item listed below:

PHG20-0028: EAST VALLEY SPECIFIC PLAN
REQUEST: The proposed East Valley Specific Plan (“EVSP”) would provide a forward-looking vision for the future of the EVSP Area in central Escondido. The EVSP would identify goals, policies, design standards, and implementation strategies for categories such as land use, mobility, and parks and open space opportunities. The EVSP is intended to provide guidance for private development and public investment in the EVSP Area, consistent with the adopted Escondido General Plan. The EVSP Area would be redesigned and rezoned from existing commercial and office uses to mixed-use and high-density residential uses to encourage new housing opportunities, improve economic vibrancy, and allow for flexibility in use and implementation as the EVSP Area changes over time. The Project proposes a buildout of approximately 6,164 residential dwelling units, approximately 1,683,587 square feet of commercial space (office and retail), up to 25 acres of parkland and open space, and approximately 123,084 square feet of community services. The proposal also includes the certification of a Program Environmental Impact Report (“PEIR”) prepared for the Project.

PROPERTY SIZE AND LOCATION: The EVSP area is comprised of approximately 191 acres centered around East Valley Parkway, generally bounded by the alley south of East Grand Avenue to the south, South Hickory and South Fig streets to the west, the Escondido Creek Flood Control Channel to the north, and Harding Street to the east.

ENVIRONMENTAL STATUS: A draft PEIR was prepared for the Project and made available for a 45-day public review period from March 30, 2023, through May 15, 2023. The draft PEIR identified potential impacts to air quality, biological resources, cultural and Tribal Cultural Resources, and noise. The environmental analysis concluded that mitigation for impacts to air quality, biological resources, and cultural and tribal cultural resources would reduce them to a less than significant level. Impacts to noise would remain significant and unavoidable.

If you challenge this item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

PUBLIC COMMENT: To submit comments in writing, please do so at the following link: https://escondidoca.municodemeetings.com/bc-citycouncil/webform/public-comment. All comments received from the public will be made a part of the record of the meeting.

The City of Escondido remains committed to complying with the Americans with Disabilities Act (ADA). Qualified individuals with disabilities who wish to participate in City programs, services, or activities and who need accommodations are invited to present their requests to the City by filing out a Request for Accommodations Form or an Inclusion Support Request Form for Minors, or by calling 760-839-4643, preferably at least 72 hours in advance of the event or activity. Forms can be found on the City’s website at: https://www.escondido.org/americans-with-disabilitiesact.

The staff report will be available on the City’s website at https://escondido-ca.municodemeetings.com/ after Thursday, July 13, 2023. For additional information, please contact Adam Finestone, City Planner, at 760-839-6203, or via email at [email protected], and refer to Case No. PHG20-0028.

Zack Beck, City Clerk
DATED: July 6, 2023
Published in THE ESCONDIDO TIMES-ADVOCATE:
07/06/23
13 Item1.

STAFF REPORT
July 19, 2023
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER (COUNCIL)

DEPARTMENT
Finance

RECOMMENDATION
Request approval for City Council and Housing Successor Agency warrant numbers:
374431 – 374606 dated June 14, 2023
374607 – 374830 dated June 21, 2023
374831 – 374998 dated June 28, 2023
Staff Recommendation: Approval (Finance Department: Christina Holmes)

FISCAL ANALYSIS
The total amount of the warrants for the following periods are as follows:

June 8 – June 14, 2023, is $5,911,954.98
June 15 – June 21, 2023, is $3,383,868.29
June 22 – June 28, 2023, is $1,587,913.77

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. 14 Item2.

June 14, 2023 Escondido City Council Minutes Page 1 of 7

CLOSED SESSION
4:00 PM

CALL TO ORDER

1. Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

ORAL COMMUNICATIONS
None.

CLOSED SESSION
I. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section § 54957.6) a. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Police Officers' Association Sworn Personnel Bargaining Unit b. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Police Officers' Association Non-Sworn Personnel Bargaining Unit
c. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Firefighters’ Association Safety and Non-safety Bargaining Unit d. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: ECEA Unit (SUP)
e. Agency Representative: Sean McGlynn, City Manager, or designee Employee Organization: Maintenance and Operations Bargaining Unit (Teamsters Local 911 and ACE)

ADJOURNMENT
Mayor White adjourned the meeting at 4:50 p.m.
______________________________ _______________________________

MAYOR CITY CLERK
15 Item3.

June 14, 2023 Escondido City Council Minutes Page 2 of 7

REGULAR SESSION
5:00 PM Regular Session
Mobilehome Rent Review Board

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

CALL TO ORDER
Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

CLOSED SESSION REPORT

ORAL COMMUNICATIONS
Ed Gallo – Expressed appreciation for Code Enforcement.

Evelyn Langston – Requested additional “cool zones” in Escondido.

Jackie Abrams – Requested additional “cool zones” in Escondido.

CONSENT CALENDAR
Motion: Morasco; Second: C. Garcia; Approved: 5-0

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

2. APPROVAL OF WARRANT REGISTER (COUNCIL) -
Request the City Council approve the City Council and Housing Successor Agency warrant numbers:
 374038 – 374236 dated May 31, 2023.

Staff Recommendation: Approval (Finance Department: Christina Holmes) 16 Item3.

June 14, 2023 Escondido City Council Minutes Page 3 of 7

3. APPROVAL OF MINUTES: None

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS –

5. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT PRELIMINARY ENGINEER'S REPORT FOR FISCAL YEAR 23/24
Request the City Council approve Resolution numbers 2023-66 and 2023-67 to initiate proceedings for the annual levy of assessments for the City of Escondido Landscape Maintenance Assessment District (LMD) and approve the Preliminary Engineer's report for LMD Zones 1 through 38. (File Number 0685-10)
Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services and Julie Procopio, City Engineer) Presenter: Brad Mason, Landscape Project Manager
a) Resolution No. 2023-66
b) Resolution No. 2023-67

6. PUBLIC SERVICES AGREEMENT FOR LANDSCAPE MAINTENANCE DISTRICT (LMD) ZONES Request the City Council adopt Resolution No. 2023-68, authorizing the Mayor to execute a Public Services Agreement with Makelele Systems Landscape & Maintenance, Inc. for Landscape Maintenance Services for the City of Escondido LMD. (File Number 0600-10; A3458) Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services and Julie Procopio, City Engineer) Presenter: Brad Mason, Landscape Project Manager
a) Resolution No. 2023-68

7. CELL TOWER LEASE AGREEMENT WITH CELLCO PARTNERSHIP ON CITY OWNED PROPERTY LOCATED AT 1359 WEST 11TH AVENUE
Request the City Council adopt Resolution No. 2023-74, authorizing the Mayor to execute a Lease Agreement with Cellco Partnership, dba Verizon Wireless, for continued use of a cellular tower and telecommunication equipment on the City owned property located at 1359 West 11th Avenue. (File Number 0600-10; A-3461)
Staff Recommendation: Approval (City Manager Department: Jennifer Schoeneck, Deputy Director of Economic Development)
17 Item3.

June 14, 2023 Escondido City Council Minutes Page 4 of 7 Presenter: Vince McCaw, Real Property Manager
a) Resolution No. 2023-74

PUBLIC HEARINGS

8. SHORT-FORM RENT INCREASE APPLICATION FOR WESTWINDS MOBILEHOME PARK (FILE NO. 0697-20-10323)
Request that the Escondido Mobilehome Rent Review Board adopt RRB Resolution No. 2023- 57, reviewing and approving the Westwinds Mobilehome Park Short-Form Application. (File Number 0697-20)
Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Eric Bunge, Management Analyst
a) Resolution No. RRB 2023-57
Motion: J. Garcia; Second: Morasco; Approved: 5-0

9. PL22-0134/PL22-0154 – ASH STREET TENTATIVE SUBDIVISION MAP AND

ANNEXATION/REORGANIZATIONS
Request the City Council adopt Resolution No. 2023-70, approving a Tentative Subdivision Map and Annexation/Reorganization for a 20-unit residential subdivision located at 0 Ash Street (APN: 224-130-10-00) (“Project”). Ancillary to the Project, a property at 508 Stanley Avenue would also be annexed into the City of Escondido. The request also includes the adoption of a Final Mitigated Negative Declaration prepared for the Project pursuant to the California Environmental Quality Act (CEQA). (File Number 0800-10; 0850-20) Staff Recommendation: Approval (Development Services Department: Andrew Firestine, Director of Development Services)
Presenter: Ivan Flores, Associate Planner
a) Resolution No. 2023-70
Dave Ferguson – Expressed support for this item and objected to including the project in the North Broadway Deficiency Area.

Maria Escobedo – Expressed opposition to this item.

Kwafi Reed – Expressed support for this item.
18 Item3.

June 14, 2023 Escondido City Council Minutes Page 5 of 7 Saddle Place Residence – Expressed opposition to this item.

Motion to approve: Morasco; Second: C. Garcia; Approved: 5-0

CURRENT BUSINESS

10. AMERICAN RESCUE PLAN ACT (ARPA) STATUS
Request the City Council receive an update on the American Rescue Plan Act funds and approve the Budget Adjustment Request. (File Number 0430-80) Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
Dan Forster – Expressed support for this item.

Motion: Morasco; Second: Martinez; Approved: 5-0

11. COUNCIL ADOPTION OF THE ESCONDIDO ANNEX TO THE 2023 SAN DIEGO COUNTY MULTIJURISDICTIONAL HAZARD MITIGATION PLAN Request the City Council adopt Resolution No. 2023-64, adopting the revised Escondido Annex to the Multi-Jurisdictional Hazard Mitigation Plan. (File Number 0220-30) Staff Recommendation: Approval (Fire Department: Rick Vogt, Fire Chief) Presenter: Jeff Murdock, Emergency Disaster Preparedness Manager a) Resolution No. 2023-64
Motion: Morasco; Second: J. Garcia; Approved: 5-0

12. CITY WEBSITE CONSOLIDATION, UPGRADE, AND CIVIC ENGAGEMENT PROJECT UPDATE AND

APPROVAL
Request the City Council adopt Resolution No. 2023-71 authorizing the Mayor to execute a Master Services Agreement with CivicPlus for implementation and hosting of the City’s new website. The five-year contract total is $232,706.23. (File Number 0600-10; A-3462) Staff Recommendation: Approval (Communications Department: Joanna Axelrod, Deputy City Manager/Director of Communications and Community Services) Presenter: Teresa Collins, Deputy Director of Communications a) Resolution No. 2023-71
19 Item3.

June 14, 2023 Escondido City Council Minutes Page 6 of 7 Motion: Martinez; Second: Morasco; Approved: 5-0

13. CONSIDERATION OF THE TINY TOTS PROGRAM
Request the City Council provide direction as to whether the Tiny Tots Program should be included in the Fiscal Year 23-24 Recreation Operating Budget. (File Number 1120-70) Staff Recommendation: Provide Direction (Community Services Department: Joanna Axelrod, Deputy City Manager/Director of Community Services and Community Services) Presenter: Robert Rhoades, Deputy Director of Community Services Tom Cowan – Expressed support for the Tiny Tots program.

Melanie Johnson – Expressed support for the Tiny Tots program.

Monica Gonzalez – Expressed support for the Tiny Tots program.

Wesley Sherman – Expressed support for the Tiny Tots program.

Susan Serrano – Expressed support for the Tiny Tots program.

Bethany Gogo – Expressed support for the Tiny Tots program.

Franchesca Spensieri – Expressed support for the Tiny Tots program.

Zaira Saldana – Expressed support for the Tiny Tots program.

Motion to extend the Tiny Tots program for one year and end the Tiny Tots program in Fiscal Year 24/25: Martinez; Second: J. Garcia; Approved: 3-2 (Morasco, C. Garcia – No)

FUTURE AGENDA

14. 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) Morasco – Impacts of State Law on campaign contribution limits.

Martinez - Heat resiliency resources
20 Item3.

June 14, 2023 Escondido City Council Minutes Page 7 of 7

ORAL COMMUNICATIONS
None.

ADJOURNMENT
Mayor White adjourned the meeting at 7:48 p.m.
______________________________ _______________________________

MAYOR CITY CLERK
21 Item3.

June 21, 2023 Escondido City Council Minutes Page 1 of 10

CLOSED SESSION
4:00 PM

CALL TO ORDER

1. Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

II. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Government Code § 54956.9(d)(1))
a. All Persons Interested in the Matter of the Issuance and Sale of Pension Obligation Bonds
San Diego Superior Court Case No. 37-2022-00025425-CU-PT-NC 22 Item3.

June 21, 2023 Escondido City Council Minutes Page 2 of 10

ADJOURNMENT
Mayor White adjourned the meeting at 4:35 p.m.
______________________________ _______________________________

MAYOR CITY CLERK
23 Item3.

June 21, 2023 Escondido City Council Minutes Page 3 of 10

REGULAR SESSION
5:00 PM Regular Session

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

CALL TO ORDER
Roll Call: C. Garcia, J. Garcia, Martinez, Morasco, White

PROCLAMATION
Chief Vogt Retirement

PRESENTATIONS
Eagle Scout Preston Brown

CLOSED SESSION REPORT

ORAL COMMUNICATIONS
Yusseff Miller – Requested the Council reduce the amount of pesticides used in Escondido.

Jackie Abrams – Thanked the City Attorney’s Office for assisting with an issue.

John Bottoroff – Requested the City Council bank smoking.

Suzanne Hume – Requested the City Council bank smoking.

CALENDAR
24 Item3.

June 21, 2023 Escondido City Council Minutes Page 4 of 10 Motion: C. Garcia; Second: Martinez; Approved: 5-0

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  374237 – 374430 dated June 7, 2023.

Staff Recommendation: Approval (Finance Department: Christina Holmes)

3. APPROVAL OF MINUTES: Regular Meeting of June 7, 2023

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS –

5. FISCAL YEAR 2023-24 POLICE TOW SERVICE CONTRACTS
Request the City Council adopt Resolution No. 2023-75 authorizing the Mayor to execute Police Tow Service Contracts with Al’s Towing, Inc.; A-Z Enterprises, Inc.; Allied Gardens Towing, Inc.; and Johnathan’s Towing, Inc. to provide police tow services. (File Numbers 0600- 10; A-3563-A; A3563-B; A-3563-C; A-3563-D)
Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police
a) Resolution No. 2023-75
Revan Tamaru – Expressed opposition to this item.

Hector Ramos – Expressed opposition to this item.

Motion: J. Garcia; Second: Morasco; Approved: 5-0

PUBLIC HEARINGS

6. FISCAL YEAR 2023/24 OPERATING BUDGET ADOPTION
Request the City Council adopt Resolution No. 2023-58 approving the Fiscal Year 2023/24 Annual Operating Budget and adopt Resolution No. 2023-59 approving the Appropriations Limit (Gann Limit) for Fiscal Year 2023/24. (File Number 0430-30) Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance)
Presenter: Christina Holmes, Director of Finance
25 Item3.

June 21, 2023 Escondido City Council Minutes Page 5 of 10 a) Resolution No. 2023-58
b) Resolution No. 2023-59
Motion: Morasco; Second: J. Garcia; Approved: 5-0

7. FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AND FISCAL YEAR 2023/24 CAPITAL IMPROVEMENT PROGRAM BUDGET STATUS AND ADOPTION OF THE 2024 REGIONAL

TRANSPORTATION IMPROVEMENT PROGRAM
Request the City Council adopt Fiscal Years 2023/24 – 2027/2028 Five-Year Capital Improvement Program and the Fiscal Year 2023/24 Capital Improvement Program Budget; adopt the Regional Transportation Improvement Program for Fiscal Years 2024 through 2028; and adopt the RMRA FY 23/24 project list. (File Number 0430-30) Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance)
Presenter: Michelle Collett, Revenue Manager
a) Resolution No. 2023-60
b) Resolution No. 2023-73
c) Resolution No. 2023-77
Motion: Martinez; Second: C. Garcia; Approved: 5-0

CURRENT BUSINESS

8. CHANGE ORDERS, AMENDMENT, AND BUDGET ADJUSTMENT FOR THE RECYCLED WATER

EASTERLY AGRICULTURE DISTRIBUTION SYSTEM PROJECT
Request the City Council take the following actions: Adopt Resolution No. 2023-65, authorizing change orders to the Public Improvement Agreement with S.C. Valley Engineering, Inc., in the amount of $1,897,645.76 for the Recycled Water Easterly Agriculture Distribution System Project (“Project”). Adopt Resolution No. 2023-63, authorizing a Second Amendment to the Consulting Agreement with Reilly CM, Inc., in the amount of $1,141,434.95 for construction management services for the Project. Approve a Budget Adjustment in the amount of $5,000,000. (File Number 0600-10; A-3371-1) Staff Recommendation: Approval (Utilities Department: Christopher W. McKinney, Deputy City Manager/Director of Utilities)
Presenter: Angela Morrow, Deputy Director of Utilities
26 Item3.

June 21, 2023 Escondido City Council Minutes Page 6 of 10 a) Resolution No. 2023-65
b) Resolution No. 2023-63
Motion: C. Garcia; Second: J. Garcia; Approved: 5-0

9. PUBLIC COMMENT POLICY
Request the City Council consider and provide direction to staff regarding the City of Escondido’s (“City”) current public comment policy. (File Number 0610-90) Staff Recommendation: Provide Direction (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Zack Beck, City Clerk
Pam Albergo – Expressed support for maintaining the current public comment policy.

Patricia Borchmann – Expressed support for maintaining the current public comment policy.

Chris Nava – Expressed support for maintaining the current public comment policy.

Georgine Tomasi – Expressed support for maintaining the current public comment policy.

10. MEMORANDUM OF UNDERSTANDING AND PUBLIC SERVICES AGREEMENT WITH

ESCONDIDO COMPACT
Request the City Council adopt Resolution No 2023-76, authorizing the Mayor to execute, on behalf of the City, a Public Services Agreement and enter into a Memorandum of Understanding with Escondido COMPACT, a California nonprofit public benefit corporation, for intervention and prevention services for at-risk youth in the community. (File Number 0600-10; A-3564)
Staff Recommendation: Approval (Police Department: Edward Varso, Chief of Police) Presenter: Edward Varso, Chief of Police; Lisa Rodelo, Deputy Director of Police Support Services
a) Resolution No. 2023-76
Motion: J. Garcia; Second: C. Garcia; Approved: 5-0
27 Item3.

June 21, 2023 Escondido City Council Minutes Page 7 of 10

11. COUNTY OF SAN DIEGO HARM REDUCTION SERVICES PROGRAM Request the City Council provide direction regarding the County’s Harm Reduction Application. (File Number 0145-20)
Staff Recommendation: Provide Direction (Fire Department: Rick Vogt, Fire Chief; Police:

Edward Varso, Chief of Police)
Presenters: John Tenger, Deputy Fire Chief; Edward Varso, Chief of Police Jackie Clarke – Expressed opposition to the County’s Harm Reduction Application.

Betsy Wemyss – Expressed opposition to the County’s Harm Reduction Application.

Christiana Simon – Expressed opposition to the County’s Harm Reduction Application.

Marsha Teas – Expressed opposition to the County’s Harm Reduction Application.

Gary Cass – Expressed opposition to the County’s Harm Reduction Application.

Robert Netherton – Expressed opposition to the County’s Harm Reduction Application.

Brian Melonakos – Expressed opposition to the County’s Harm Reduction Application.

Kathleen Melonoakos – Expressed opposition to the County’s Harm Reduction Application.

Elizabeth Fallon – Expressed opposition to the County’s Harm Reduction Application.

Honey Burke – Expressed opposition to the County’s Harm Reduction Application.

Yussef Miller – Expressed opposition to the County’s Harm Reduction Application.

Emily Sheeder – Expressed opposition to the County’s Harm Reduction Application.

Betsy Wemyss– Expressed opposition to the County’s Harm Reduction Application.

Barbara A Rollins– Expressed opposition to the County’s Harm Reduction Application.

Brandon Brooks – Expressed support for the County’s Harm Reduction Application.

Bruce Pfefferkorn – Expressed opposition to the County’s Harm Reduction Application.

Catherine Day – Expressed opposition to the County’s Harm Reduction Application.

Charles Curley – Expressed opposition to the County’s Harm Reduction Application. 28 Item3.

June 21, 2023 Escondido City Council Minutes Page 8 of 10 Christiana Simon– Expressed opposition to the County’s Harm Reduction Application.

Corey Baca – Expressed opposition to the County’s Harm Reduction Application.

Dave Schmitt – Expressed opposition to the County’s Harm Reduction Application.

James Brammer – Expressed opposition to the County’s Harm Reduction Application.

Jeanette Fuller – Expressed opposition to the County’s Harm Reduction Application.

Jennifer Greene – Expressed support for the County’s Harm Reduction Application.

Kathleen Meehan – Expressed opposition to the County’s Harm Reduction Application.

Kelly Birkel – Expressed opposition to the County’s Harm Reduction Application.

Mary Walsh – Expressed opposition to the County’s Harm Reduction Application.

Nicole Pless - Expressed support for the County’s Harm Reduction Application.

Patricia Haag– Expressed opposition to the County’s Harm Reduction Application.

Randi Tieken – Expressed opposition to the County’s Harm Reduction Application.

Robert Wendt – Expressed opposition to the County’s Harm Reduction Application.

Sean Patrick Hall – Expressed opposition to the County’s Harm Reduction Application.

Shakiba Tahmoresi – Expressed opposition to the County’s Harm Reduction Application.

Sheila Kinder – Expressed opposition to the County’s Harm Reduction Application.

Shelly Byrne – Expressed opposition to the County’s Harm Reduction Application.

Tamela Ridley – Expressed opposition to the County’s Harm Reduction Application.

Tobee Jackson – Expressed opposition to the County’s Harm Reduction Application.

Trudy Vargas – Expressed opposition to the County’s Harm Reduction Application.

Vicki Jason – Expressed opposition to the County’s Harm Reduction Application.

Aaron Bunn – Expressed opposition to the County’s Harm Reduction Application. 29 Item3.

June 21, 2023 Escondido City Council Minutes Page 9 of 10 Marty Backer – Expressed opposition to the County’s Harm Reduction Application.

Ricki Garrett – Expressed opposition to the County’s Harm Reduction Application.

Kare Grube – Expressed opposition to the County’s Harm Reduction Application.

Ed Gallo – Expressed opposition to the County’s Harm Reduction Application.

Council Direction: The City Council will submit a letter in opposition to the County Harm Reduction Program.

FUTURE AGENDA

12. 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) Mayor White – Resolution opposing Rapid Route 71.

ORAL COMMUNICATIONS
None.
30 Item3.

June 21, 2023 Escondido City Council Minutes Page 10 of 10

ADJOURNMENT
Mayor White adjourned the meeting at 8:27 p.m.
______________________________ _______________________________

MAYOR CITY CLERK
31 Item3.
32 Item4.

STAFF REPORT
July 19, 2023
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 2023-80, setting the Special Tax Levy for Community Facilities District No. 2000-01 (Hidden Trails)(the “District”) for Fiscal Year 2023/24 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. 2000-01 (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. 2022-86 was adopted on July 20, 2022.

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. 2000-241R 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, 2023, $1,375,000 of principal remain outstanding and the bonds mature on September 1, 2031. 33 Item5.

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 comparative analysis of the annual Special Tax Levy Calculation for Fiscal Year 2023/24 is presented on Attachment “1”. As noted in the analysis, the 2023-24 Special Tax Levy requirement decreased from $210,561.18 by 2.38% in the amount of $5,010.30 or an average of $17.28 per parcel.

RESOLUTIONS
A. Resolution No. 2023-80
B. Resolution No. 2023-80 Exhibit “A” CFD 2000-01 (Hidden Trails) Special Tax Rates

ATTACHMENTS
A. Attachment “1” - CFD 2000-01 (Hidden Trails) Special Tax Levy Comparative Analysis 34 Item5.

Attachment "1"
Description $ %
Beginning Balance (07/01) $173,650.43 $177,208.85 $177,592.92 Revenue
Special Taxes 206,304.47 209,315.82
Interest 709.46 596.26
$207,013.93 $209,912.08 $0.00
Expenditures
Cost of Bonded Indebtedness:

Interest Due 09/01 Reported Fiscal Year 9/1/2021 36,484.38 9/1/2022 34,471.88 9/1/2023 31,971.88 Principal Due 09/01 Reported Fiscal Year 9/1/2021 115,000.00 9/1/2022 125,000.00 9/1/2023 125,000.00 Interest Due 03/01 Reported Fiscal Year 3/1/2022 34,471.88 3/1/2023 31,971.88 3/1/2024 29,471.88 Interest Due 09/01 Pending Year Obligation 9/1/2024 29,471.88 Principal Due 09/01 Pending year Obligation 9/1/2024 130,000.00 Total Principal and Interest Due from Annual Levy $185,956.26 $191,443.76 $345,915.64 Cost of Collection (Proposed Fiscal Year Shown at Maximum) 17,499.25 18,084.25 24,379.89 Available Cash Account Balances to Reduce Levy - - 12,850.00 $17,499.25 $18,084.25 $37,229.89
Total Annual Expenditures 203,455.51 209,528.01 383,145.53 Ending Balance (6/30) 177,208.85 177,592.92 (205,552.61) Calculated Annual Special Tax Requirement $204,942.20 $210,563.33 $205,552.61 Approved / Proposed Levy as Allocated among 290 Parcels $207,378.16 $210,561.18 $205,550.88 ($5,010.30) -2.38% Average Levy per Dwelling Unit $715.10 $726.07 $708.80 ($17.28) -2.38% Change from Prior Year
Actuals
FY 2021-22
Estimated
Actuals
FY 2022-23
Proposed /
Budget
FY 2023-24
City of Escondido CFD 2000-01 (Hidden Trails)
Special Tax Levy Comparative Analysis (Fund 727)
Tax Year 2023-24
35 Item5.

RESOLUTION NO. 2023-80

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 2023-24
WHEREAS, the City Council of the City of Escondido, California (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 Tax in a Community Facilities District, 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.
36 Item5.

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 2023-24 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 2023-24 are contained on Exhibit “A” attached to this Resolution and incorporated by this reference.

After adoption of this Resolution, 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 Taxable Property within the District calculated pursuant to the Ordinance and subject to the limitations set forth in Section 2 above.

4. That the 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 37 Item5.
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. 38 Item5.

Exhibit “A”
City of Escondido
Community Facilities District 2000-01
(Hidden Trails)
Special Tax Rates for Fiscal Year 2023/24
Land Use
Categories Description
Assigned
Special Tax
Proposed Actual
Special Tax*
Category 1** Residential
Property $0.39 per square foot $0.2643 per square foot
Category 2** Other
Property $2,861 per net acre $1,938 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 rounded.
** 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.

Resolution No. 2023-80
Exhibit "A"

Page 1 of 1 ends

39 Item5.

STAFF REPORT
July 19, 2023
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 2023-81, setting the Special Tax Levy for Community Facilities District No. 2006-01 (Eureka Ranch) (the “District”) for Fiscal Year 2023-24 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. 2022-85 was adopted on July 20, 2022.

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 issued 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 completed. As of July 1, 2023, $10,570,000 of principal remain outstanding and the bonds mature on September 1, 2036.
40 Item6.

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 comparative analysis of the annual Special Tax Levy Calculation for FY2023/24 is presented on Attachment A. As noted in the analysis, the FY2023/24 Special Tax Levy requirement decreased from $1,055,175.48 by 4.17% in the amount of $43,967.20 or an average of $130.08 per parcel.

The delinquency contingency provision for the FY2023/24 levy calculation increased by $6,301.12. This increase was due to realization of an increase in the actual FY2022/23 delinquency rate (from 0.57% to

1.13%).

RESOLUTIONS
A. Resolution No. 2023-81
B. Resolution No. 2023-81 Exhibit “A” CFD 2006-01 (Eureka Ranch) Special Tax Rates

ATTACHMENTS
A. Attachment “A” - CFD 2006-01 (Eureka Ranch) Special Tax Levy Comparative Analysis 41 Item6.

Description $ %
Beginning Balance (07/01) $839,320.92 $829,862.47 $814,072.47 Revenue
Special Taxes 1,057,858.86 1,053,453.50
Interest 3,151.44 2,499.75
$1,061,010.30 $1,055,953.25 $0.00
Expenditures
Cost of Bonded Indebtedness:

Interest Due 09/01 Reported Fiscal Year 9/1/2021 268,000.00 9/1/2022 258,000.00 9/1/2023 244,875.00 Principal Due 09/01 Reported Fiscal Year 9/1/2021 500,000.00 9/1/2022 525,000.00 9/1/2023 550,000.00 Interest Due 03/01 Reported Fiscal Year 3/1/2022 258,000.00 3/1/2023 244,875.00 3/1/2024 231,125.00 Interest Due 09/01 Pending Year Obligation 9/1/2024 231,125.00 Principal Due 09/01 Pending year Obligation 9/1/2024 575,000.00 Total Principal and Interest Due from Annual Levy $1,026,000.00 $1,027,875.00 $1,832,125.00 Cost of Collection (Proposed Fiscal Year Shown at Maximum) 44,468.75 43,868.25 56,009.65 Available Cash Account Balances to Reduce Levy 12,800.00 Contingency for Delinquency (Proposed Current Year Only) 12,281.54 44,468.75 $43,868.25 $81,091.19
Total Annual Expenditures 1,070,468.75 1,071,743.25 1,913,216.19 Ending Balance (6/30) 829,862.47 814,072.47 (1,099,143.72) Calculated Annual Special Tax Requirement $1,060,547.72 $1,055,176.28 $1,099,143.72 Approved / Proposed Levy as Allocated among 338 Parcels $1,057,764.43 $1,055,175.48 $1,099,142.68 $43,967.20 4.17% Average Levy per Dwelling Unit $3,129.48 $3,121.82 $3,251.90 $130.08 4.17% Change from Prior Year
Actuals
FY 2021-22
Estimated
Actuals
FY 20222-23
Proposed /
Budget
FY 2023-24
Attachment "1"
City of Escondido CFD 2006-01 (Eureka Ranch)
Special Tax Levy Comparative Analysis (Fund 728)
Tax Year 2023-24
42 Item6.

RESOLUTION NO. 2023-81

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

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 Auditor”) on or before August 10 of the applicable tax year.
43 Item6.

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.

Any Special Taxes that may not be collected on the County of San Diego (“County”) tax roll shall be 44 Item6.
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.

Exhibit “A”
City of Escondido
Community Facilities District No. 2006-01
(Eureka Ranch)
Special Tax Rates for Fiscal Year 2023/24
Tax Class
Building
Square
Footage
(“BSF”)
Assigned
Special Tax
Proposed Actual
Special Tax*
Residential Property**:

Tax Class 1 > 3,600 $1.214 per BSF $0.9623 per BSF
Tax Class 2 3,251 – 3,600 $1.275 per BSF $1.0107 per BSF Tax Class 3 2,851 – 3,250 $1.350 per BSF $1.0701 per BSF Tax Class 4 2,551 – 2,850 $1.407 per BSF $1.1153 per BSF Tax Class 5 < 2,550 $1.526 per BSF $1.2096 per BSF
Non-Residential Property**:

Tax Class 6 NA $20,750.00 per Acre $16,447.71 per Acre
Undeveloped Property NA $20,750.00 per Acre $0.00 per Acre * Special Tax Rates shown above have been rounded to decimals shown, actual tax rates are not rounded. ** 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.

Resolution No. 2023-81
Exhibit "A"

Page 1 of 1 ends

46 Item6.

STAFF REPORT
July 19, 2023
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 2023-83, setting the Special Tax Levy for Community Facilities District No. 2020-2 (The Villages)(The “District”) for Fiscal Year 2023/24 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 13, 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 July 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.

On July 20, 2022, the City Council adopted Resolution No. 2022-88, setting the Special Tax Levy for Community Facilities District No. 2020-2 (The Villages) for Fiscal Year 2022/23 on 380 developed lots located in The Villages Project.
47 Item7.

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 alternate method for private property 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, 2023 is not changed and the bonds mature on September 1, 2052.

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 2023/24 is attached as Exhibit “A” to Resolution No. 2023-83. The Special Taxes received by the City will be deposited to a separate fund held by the Bank of New York, acting as Trustee, to be used for annual administrative expenses and fund the authorized facilities or future bond debt service payments.

A comparative analysis of the annual Special Tax Levy Calculation for FY2023/24 is presented on Attachment A. As noted in the analysis, the FY2022/23 Special Tax Levy requirement decreased from $691,665.12 by 11.62% in the amount of $80,352.88 or an average of $211.45 per parcel.

The delinquency contingency provision for the FY 2023/24 levy calculation is $10,218.60. This is based on the actual FY 2022/23 2nd installment delinquent summary date 5/17/23.

RESOLUTIONS
A. Resolution 2023-83
B. Resolution No. 2023-83 Exhibit “A” CFD 2020-2 (The Villages) Special Tax Rates

ATTACHMENTS
A. Attachment “1” - CFD 2020-01 (The Villages) Special Tax Levy Comparative Analysis 48 Item7.

Attachment "1"
Description $ %
Beginning Balance (07/01) $0.00 $558,185.61 $396,502.83 Revenue
Special Taxes 390,255.79 749,088.42
Prepayment of Special Taxes 166,405.71
Interest 1,524.11 1,061.77
$558,185.61 $750,150.19 $0.00
Expenditures
Cost of Bonded Indebtedness:

Interest Due 09/01 Reported Fiscal Year 9/1/2022 66,361.11 9/1/2023 298,625.00 Principal Due 09/01 Reported Fiscal Year 9/1/2022 0.00 9/1/2023 20,000.00 Interest Due 03/01 Reported Fiscal Year 3/1/2023 298,625.00 3/1/2024 298,125.00 Interest Due 09/01 Pending Year Obligation 9/1/2024 298,125.00 Principal Due 09/01 Pending year Obligation 9/1/2024 35,000.00 Total Principal and Interest Due from Annual Levy $0.00 $298,625.00 $949,875.00 Cost of Collection (Proposed Fiscal Year Shown at Maximum) 0.00 44,218.75 57,222.00 Transfer to Cash with Fiscal Agent Reserve Account 568,989.22 Available Cash on Deposit in Fiscal Agent Admin Account (20,000.00) Available Cash Account Balances to Reduce Levy 10,500.00 Contingency for Delinquency (Proposed Current Year Only) - - 10,218.60 $0.00 $613,207.97 $57,940.60
Total Annual Expenditures 0.00 911,832.97 1,007,815.60
Ending Balance (6/30) 558,185.61 396,502.83 (611,312.77) Calculated Annual Special Tax Requirement $1,060,547.72 $223,342.01 $611,312.77 Approved / Proposed Levy as Allocated among 380 Parcels $476,406.30 $691,665.12 $611,312.24 ($80,352.88) -11.62% Average Levy per Dwelling Unit $1,642.78 $1,820.17 $1,608.72 ($211.45) -11.62% Change from Prior Year
Actuals
FY 2021-22
Estimated
Actuals
FY 2022-23
Proposed /
Budget
FY 2023-24
City of Escondido CFD 2020-01 (The Villages)
Special Tax Levy Comparative Analysis (Fund 730)
Tax Year 2023-24
49 Item7.

RESOLUTION NO. 2023-83

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 2023-24
WHEREAS, the City Council of the City of Escondido, California (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 Tax in a Community Facilities District, 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 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.
50 Item7.

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.

Any Special Taxes that may not be collected on the County of San Diego ( “County”) tax roll shall be 51 Item7.
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.

Developed
Floor Area
> 3,199 sqft $2,906.64 per DU(4) $2,044.06 per DU(4)
2,950 to 3,199 sqft $2,820.69 per DU(4) $1,983.62 per DU(4) 2,700 to 2,949 sqft $2,724.12 per DU(4) $1,915.70 per DU(4) 2,450 to 2,699 sqft $2,618.00 per DU(4) $1,841.08 per DU(4) 2,200 to 2,449 sqft $2,503.38 per DU(4) $1,760.48 per DU(4) 1,950 to 2,199 sqft $2,218.98 per DU(4) $1,560.48 per DU(4) 1,700 to 1,949 sqft $2,194.57 per DU(4) $1,543.30 per DU(4) 1,450 to 1,699 sqft $1,999.31 per DU(4) $1,406.00 per DU(4) < 1,450 sqft $1,877.27 per DU(4) $1,320.16 per DU(4)
Non-Residential
NA $25,836.16 per Acre $18,167.99 per Acre
Backup Special Tax
NA 2,823.24 per Lot $0.00 per Lot
NA 2,651.44 per Lot $0.00 per Lot
NA 2,169.20 per Lot $0.00 per Lot
NA $25,836.16 per Acre $0.00 per Acre
(1)
(2)
(3)
(4) Dwelling unit or "DU" is as defined in the formation documents.

Special Tax Rates for Fiscal Year 2023-24
City of Escondido
Community Facilities District No. 2020-2
(The Villages)
Exhibit "A"
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
4 5
Assigned
Special Tax(1)(2)
Proposed Actual
Special Tax(2)(3)
6 Land Use
Category
Residential Property
1 2
3 Resolution No. 2023-83
Exhibit "A"

Page 1 of 1 ends

53 Item7.

STAFF REPORT
July 19, 2023
File Number 0685-10

SUBJECT
SETTING SPECIAL TAX LEVY FOR COMMUNITY FACILITIES DISTRICT NO. 2022-1 (ECLIPSE/MOUNTAIN HOUSE)

DEPARTMENT
Finance

RECOMMENDATION
Request the City Council adopt Resolution 2023-84, setting the Special Tax Levy for Community Facilities District No. 2022-1(Eclipse/Mountain House) (the “District”) for Fiscal Year 2023-24.

Staff Recommendation: Approval/ Receive and File (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance

FISCAL ANALYSIS
A Special Tax will be levied annually on land within Community Facilities District No. 2022-1 (Eclipse/Mountain House) and collected through the County of San Diego Treasurer-Tax Collector’s Office.

The funds from the Special Tax will be used to meet the requirements established at the time of formation of the District.

PREVIOUS ACTION
On May 13, 2021 the City Council authorized a Deposit Account and Reimbursement Agreement between the City of Escondido and CWC Escondido 113, LLC which established the Eclipse (formerly known as Del Prado) zone of the project.

On August 31, 2021 the City Council authorized the First Amendment to Deposit Account and Reimbursement Agreement between the City of Escondido and CWC Escondido 113, LLC to include the additional project Mountain House in the CFD No 2022-1.

The City Council approved the establishment of Community Facilities District No. 2022-01 (the Eclipse/Mountain House project) on March 2, 2022, and has annually thereafter adopted a resolution setting the annual Special Tax Levy. Prior year’s Resolution No. 2022-106 was adopted on July 20, 2022. 54 Item8.

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

CFD 2022-1 was formed on March 2, 2022, to fund the public facilities fees associated with the Eclipse/Mountain House Project. The CFD was formed with two distinct zones. Zone A originally contained 81 of the total 113 townhomes in the Eclipse project. The remaining 32 townhomes were annexed into Zone A of this CFD in December of 2022. Zone B contains the Mountain House project which includes 36 residential lots. Zone A and Zone B are currently under construction and it is anticipated that when the majority of the units within the entire CFD are either under construction or completed CFD bonds will be issued.

Under the Funding Agreement with CWC Escondido 113, LLC and TTLC CalWest, LLC, approved March 2, 2022, prior to the issuance of bonds the Assigned Special Tax is to be levied on all parcels classified as Developed Property. A lot located within the Project that has a Building Permit issued prior to March 1 of the previous fiscal year in which the Special Tax is being levied is classified as Developed Property. There are 83 Developed lots in the Project that had building permits issued before March 1, 2023 that will be assessed the Special Tax Levy in FY2023/24. The special tax rate is governed by the Rate and Method of Apportionment of Special Tax ("RMA") established at the time CFD No. 2022-1 was formed. The Assigned Special Tax rate defined in the RMA is based on the Land Use Category of each property.

RESOLUTIONS
a. Resolution No. 2023-84
b. Resolution No. 2023-84 Exhibit “A” CFD 2022-1 (Eclipse/Mountain House) Special Tax Rates 55 Item8.

RESOLUTION NO. 2023-84

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, ACTING AS LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-1
(ECLIPSE/MOUNTAIN HOUSE), PROVIDING FOR THE

LEVY OF AN ANNUAL SPECIAL TAX FOR SUCH

COMMUNITY FACILITIES DISTRICT FOR FISCAL YEAR
2023-24
WHEREAS, the City Council of the City of Escondido, California (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 Tax in a Community Facilities District, 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. 2022-1 (Eclipse/Mountain House) (the “District”); and
WHEREAS, this Legislative Body, by the adoption of the Ordinance No. 2022-10 (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 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.
56 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. 2022-1 (Eclipse/Mountain House), as follows:

1. That the above recitations are true.

Any Special Taxes that may not be collected on the County of San Diego (“County”) tax roll shall be 57 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.

Resolution No. 2023-84
Exhibit “A”

Page 1 of 1 ends

City of Escondido Community Facilities District No. 2022-1 (Eclipse / Mountain House)
Special Tax Rates for Fiscal Year 2023/24
Land Use
Category Developed Floor Area Unit(1)
Assigned
Special Tax
Proposed Actual
Special Tax (2)
Zone A (Eclipse)
Developed Property
1 Less than 1,200 square feet DU $2,249.20 $2,249.20
2 1,200 to 1,400 square feet DU $2,371.25 $2,371.25
3 Greater than 1,400 square feet DU $2,615.42 $2,615.42 4 Non-Residential PDU $2,558.01 $2,558.01
Backup Special Tax
NA NA DU $2,589.52 $0.00
Undeveloped Property
NA NA PDU $2,589.52 $0.00
Zone B (Mountain House)
Developed Property
1 Residential or Non-Residential Lot $1,790.42 $1,790.42 Backup Special Tax
NA NA Lot $1,841.57 $0.00
Undeveloped Property
NA NA Lot $1,841.57 $0.00
1) Types of units are as defined in the formation documents; Dwelling Unit or “DU”, Projected Dwelling Unit or “PDU” and Lot.
2) 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.
59 Item8.

STAFF REPORT
July 19, 2023
File Number 0600-10; A-3465

SUBJECT
AWARD PURCHASE OF FUELS FOR FISCAL YEAR 2024

DEPARTMENT
Public Works Department, Fleet Services

RECOMMENDATION
Request the City Council adopt Resolution No. 2023-92, approving the purchase of unleaded gasoline and diesel fuel from SC Fuels, Inc. in the amount of $1,550,000 utilizing a 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

FISCAL ANALYSIS
Sufficient funds are available and were approved in the Fiscal Year (“FY”) 2024 Operating Budget for Public Works, Fleet Services. The funding for annual fuel purchases is in Account No. 5111-653-715 for unleaded gasoline in the amount of $1,075,00, and in Account No. 5113-653-715 for diesel fuel in the amount of $475,000.

PREVIOUS ACTION
On July 13th, 2022, per City of Escondido (“City”) Resolution No. 2022-67, the City Council awarded SC Fuels, Inc. the FY 2023 fuel contract.

BACKGROUND
The City is a participating agency in a City of San Diego sponsored fuel purchasing consortium. This consortium consists of almost every government agency in San Diego County. By creating a fuel purchasing consortium, local agencies, along with the City of San Diego, benefit from collective fuel purchasing. The City of San Diego bids and administers the fuel purchasing contract and local agencies assist by providing annual throughput numbers collectively. This enables a greater purchasing position for all participating San Diego area agencies. Additionally, this consortium process helps other smaller agencies from having to go out to bid on their own while also increasing their purchasing power. 60 Item9.

Fleet Services is requesting approval to purchase unleaded gasoline, renewable diesel, and clear diesel fuel from SC Fuels through a Cooperative Purchase Agreement with the City of San Diego along with other public agencies throughout San Diego County. SC Fuels was awarded the City of San Diego contract in 2019 and has provided exceptional customer service to the City. Fleet Services has budgeted funds totaling $1,550,000 for this purchase in Account No. 5111-653-715 for unleaded gasoline, and Account No. 5113-653-715 for diesel fuel, previously approved in the FY 2024 budget.

This is an efficient and economical procurement for bulk gasoline and diesel fuels. On average, the City saves between $0.60 and $0.80 per gallon from regular pump prices, as well as reduces the staff time to annually procure this commodity. Local supplier prices are regularly checked for competitive prices, but the Cooperative Purchase Agreement rates attained by this consortium through SC Fuels has proven to continually provide better economy.

In order to assist in achieving Climate Action Plan goals, Fleet Services has implemented priority delivery requests for Renewable Diesel Fuel (R99), which is a drop-in replacement for clear petroleum diesel fuel (dependent on local availability). Renewable diesel fuel is similar to biodiesel where it is derived from nonpetroleum renewable resources such as natural fats, vegetable oils, and greases but due to hydrogenation, there are no cold temperature gelling or storage issues as found with biodiesel.

Renewable diesel will substantially reduce carbon emissions and improve air quality without sacrificing power, performance, or driving range.

RESOLUTIONS

1. Resolution No. 2023-92

2. Resolution No. 2023-92 Exhibit “A”

61 Item9.

RESOLUTION NO. 2023-92

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE

PURCHASE OF UNLEADED AND DIESEL FUELS FROM SC
FUELS
WHEREAS, the City of Escondido (“City”) desires to purchase automotive fuels for its vehicles; and WHEREAS, the City wishes to purchase automotive fuels from SC Fuels utilizing the cooperative purchase agreement RFP No. 10089315-18-K with the City of San Diego; and WHEREAS, in accordance with Escondido Municipal Code Chapter 10, Article 5, Section 10-91, the City may utilize a cooperative purchase contract, which has been conducted in a competitive manner by the state, county or any public or municipal agency; and WHEREAS, the City of San Diego Purchasing Agreement with SC Fuels contains a Public Agency Clause with renewable extensions; and
WHEREAS, the City of San Diego facilitates this consortium; and WHEREAS, most local government agencies within San Diego County participate in this consortium by providing their annual fuel throughput; and WHEREAS, the Public Works Director recommends the approval of the purchase of fuels from SC Fuels, in the amount of $1,075,000 for Unleaded Gasoline, and $475,000 for renewable diesel (R99) and clear Diesel fuel; and
WHEREAS, sufficient funds for said purchase have been approved in the Fleet Services Fiscal Year 2024 operating budget; and
62 Item9.

WHEREAS, this City Council desires at this time and deems it to be in the best public interest to award the purchase of automotive fuels from SC Fuels.

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 City Council accepts the recommendation of the Director of Public Works to purchase automotive fuels from SC Fuels.

3. That the City Council approvesthe purchase of unleaded gasoline and diesel fuel from SC Fuels, utilizing the City of San Diego Purchasing Agreement, as detailed in Exhibit “A”, which is attached to this Resolution and incorporated by this reference.
63 Item9.

Request for Proposal (RFP) for Fuel
Solicitation Number: 10089315-18-K
Solicitation Issue Date: May 18, 2018
Questions and Comments Due: 12:00 p.m., June 6, 2018
Proposal Due Date and Time (Closing Date): 2:00 p.m., June 25, 2018 Contract Terms: Five (5) years year from Effective Date, as defined in Article I, Section 1.2 of the
City’s General Contract Terms and
Conditions.

City Contact: Brent Krohn, Supervising Procurement
Contracting Officer, 1200 Third Avenue,
Suite 200, San Diego, CA 92101
[email protected], (619) 236-6044
Submissions: Respondent is required to provide three (3) original, four (4) copies, and one (1)
electronic copy (e.g. thumb drive or CD) of
their response as described herein.

Completed and signed RFP signature page
is required, with most recent addendum
listed as acknowledgement of all addenda
issued.

Note: Emailed submissions will not be
accepted.

Resolution No. 2023-92
Exhibit "A"

Page 1 of 187 ends

64 Item9.

RFP – Goods, Services, & Consultants
Revised: November 8, 2016
OCA Document No. 841661_3

Page 1 ends

CONTRACT RESULTING FROM REQUEST FOR PROPOSAL NUMBER 10089315-18-K, Fuel This Contract (Contract) is entered into by and between the City of San Diego, a municipal corporation (City), and the successful proposer to Request for Proposal (RFP) # 10089315- 18-K, Fuel (Contractor).

RECITALS
On or about 5/18/2018, City issued an RFP to prospective proposers on services to be provided to the City. The RFP and any addenda and exhibits thereto are collectively referred to as the “RFP.” The RFP is attached hereto as Exhibit A.

City has determined that Contractor has the expertise, experience, and personnel necessary to provide the goods and services.

City wishes to retain Contractor to provide various fuels as further described in the Scope of Work, attached hereto as Exhibit B. (Goods and Services).

For good and valuable consideration, the sufficiency of which is acknowledged, City and Contractor agree as follows:

ARTICLE I

CONTRACTOR SERVICES

1.1 Scope of Work. Contractor shall provide the Goods and Services to City as described in Exhibit B which is incorporated herein by reference. Contractor will submit all required forms and information described in Exhibit A to the Purchasing Agent before providing Goods and Services.

1.2 General Contract Terms and Provisions. This Contract incorporates by reference the General Contract Terms and Provisions, attached hereto as Exhibit C.

ARTICLE II

DURATION OF CONTRACT

2.1 Term. This Contract shall be for a period of Five (5) years beginning on the Effective Date. The term of this Contract shall not exceed five years unless approved by the City Council by ordinance.

2.2 Effective Date. This Contract shall be effective on the date it is executed by the last Party to sign the Contract, and approved by the City Attorney in accordance with San Diego Charter Section 40.

Resolution No. 2023-92
Exhibit "A"

Page 2 of 187 ends

65 Item9.

RFP – Goods, Services, & Consultants
Revised: November 8, 2016
OCA Document No. 841661_3

Page 2 ends

ARTICLE III

COMPENSATION

3.1 Amount of Compensation. City shall pay Contractor for delivery of Goods rendered in accordance with the winning Price Proposal Spreadsheet. (Attachment 1)

ARTICLE IV

WAGE REQUIREMENTS

4.1 Reserved.

ARTICLE V

CONTRACT DOCUMENTS

5.1 Contract Documents. The following documents comprise the Contract between the City and Contractor: this Contract and all exhibits thereto, the RFP; the Notice to Proceed; and the City’s written acceptance of exceptions or clarifications to the RFP, if any.

5.2 Contract Interpretation. The Contract Documents completely describe the Goods and Services to be provided. Contractor will provide any Goods and Services that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result whether or not specifically called for or identified in the Contract Documents. Words or phrases which have a well-known technical or construction industry or trade meaning and are used to describe Goods and Services will be interpreted in accordance with that meaning unless a definition has been provided in the Contract Documents.

5.3 Precedence. In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the Parties will use the order of precedence as set forth below. The 1st document has the highest priority. Inconsistent provisions in the Contract Documents that address the same subject, are consistent, and have different degrees of specificity, are not in conflict and the more specific language will control. The order of precedence from highest to lowest is as follows:
1st Any properly executed written amendment to the Contract 2nd The Contract
3rd The RFP and the City’s written acceptance of any exceptions or clarifications to the RFP, if any
4th Contractor’s Pricing

5.4 Counterparts. This Contract may be executed in counterparts which, when taken together, shall constitute a single signed original as though all Parties had executed the same page.

5.5 Public Agencies. Other public agencies, as defined by California Government Code section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent Contract between Contractor and another public agency.

Resolution No. 2023-92
Exhibit "A"

Page 3 of 187 ends

66 Item9.

RFP – Goods, Services, & Consultants
Revised: November 8, 2016
OCA Document No. 841661_3

Page 3 ends

ARTICLE VI

ADDITIONAL CONTRACT INFORMATION

6.1 Contract Administrator. In addition to the information provided in Section T. Contract Administration of Exhibit B, The Fleet Services Department (Department) is the administrator for the day to day requirements of this contract. Contractor shall provide the Goods and Services under the direction of a designated representative of the Department as follows:

Alia Khouri, Director, Fleet Services
2740 Caminito Chollas, Suite
[email protected]

6.2 City Holidays. The City observes the following holidays:

New Year’s Day
Martin Luther King, Jr. Day
Presidents’ Day
Cesar Chavez day
Memorial Day
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day
Christmas Day

6.3 Additional Insurance Requirements. In addition to the insurance requirements in Article VII of Exhibit C, the Contractor shall provide the following:

6.3.1. Commercial General Liability
Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal and advertising injury with limits no less than two million dollars ($2,000,000) per occurrence with a four million dollar ($4,000,000) annual aggregate.

6.3.2 Commercial Pollution Liability Insurance
Contractor shall procure and maintain at its expense or cause its subcontractor to procure and maintain, Contractors Pollution Liability Insurance including contractual liability coverage to cover liability arising out of the collection, cleanup, removal, storage, disposal or handling of hazardous wastes, E-wastes, Universal Wastes or toxic chemicals, materials, substances, or any other pollutants by the Contractor or any subcontractor in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury and property damage and with a ten million dollar ($10,000,000) annual aggregate. As an alternative, seven million dollars ($7,000,000) per occurrence for bodily injury and property damage and with a seven million dollar ($7,000,000) annual aggregate is acceptable. All costs of defense shall be outside the limits of the policy. Any such insurance provided by a subcontractor must be approved separately in writing by the City. Approval of a substitution of a subcontractor’s insurance shall require a certification by the Contractor that all activities for which Contractors Pollution Liability Insurance will provide coverage will be performed exclusively by the subcontractor providing the insurance. The deductible shall not exceed $25,000 per claim. Contractual liability

ADDENDUM C
JULY 27, 2018
Resolution No. 2023-92
Exhibit "A"

Page 4 of 187 ends

67 Item9.

RFP – Goods, Services, & Consultants
Revised: November 8, 2016
OCA Document No. 841661_3

Page 4 ends

shall include coverage of tort liability of another party to pay for bodily injury or property damage to a third person or organization. There shall be no endorsement or modification of the coverage limiting the scope of coverage for either “insured vs. insured” claims or contractual liability. Occurrence based policies shall be procured before the Scope of Work commences and shall be maintained for the duration of the Contract. Claims Made policies shall be procured before the Scope of Services commences, shall be maintained for the duration of the Contract, and shall include a 12 month extended Claims Discovery Period applicable to the Contract or the existing policy or policies must continue to be maintained for 12 months after the completion of the Scope of Work under the Contract without advancing the retroactive date. Except as provided for under California law, the policy or policies must provide that the City is entitled to thirty (30) days prior written notice (10 days for cancellation due to non-payment of premium) of cancellation or nonrenewal of the policy or policies.

6.3.3 Contractors Hazardous Transporters Pollution Liability Insurance Including contractual liability coverage to cover liability arising out of transportation of hazardous wastes, petroleum products and wastes, or toxic, materials, substances, or any other pollutants by the Contractor or any subcontractor in an amount not less than two million ($2,000,000) limit per occurrence/aggregate for bodily injury and property damage. All costs of defense shall be outside the limits of the policy. The deductible shall not exceed $25,000 per claim. Any such insurance provided by a subcontractor must be approved separately in writing by the City. Approval of the substitution of a subcontractor’s insurance shall require a certification by the Contractor that all activities for which Contractors Hazardous Transporters Pollution Liability Insurance will provide coverage will be performed exclusively by the subcontractor providing the insurance.

Contractual liability shall include coverage of tort liability of another party to pay for bodily injury or property damage to a third person or organization. There shall be no endorsement or modification of the coverage limiting the scope of coverage for either “insured vs. insured” claims or contractual liability. Occurrence based policies shall be procured before the Scope of Services commences and shall be maintained for the duration of the Contract. Claims Made policies shall be procured before the Scope of Services commences, shall be maintained for the duration of the Contract, and shall include a twelve (12) month extended Claims Discovery Period applicable to the Contract or the existing policy or policies must continue to be maintained for twelve (12) months after the completion of the Scope of Services under the Contract without advancing the retroactive date. Except as provided for under California law, the policy or policies must provide that the City is entitled to thirty (30) days prior written notice (10 days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies.

Required Endorsements. The following endorsements to the policies of insurance are required to be provided to the City before any work is initiated under this contract.

Commercial General Liability Insurance.

Additional Insured. To the fullest extent allowed by law including but not limited to California Insurance Code Section 11580.04, the policy or policies must be endorsed to include as an Insured the City of San Diego and its respected elected officials, officers, employees, agents and representatives with the respect to liability arising out of (a) ongoing operations performed by Contractor or on Contractor’s behalf. (b) Contractor’s products, (c) Contractor’s work, including but not limited to Contractor’s completed operations performed by Contractor or on Contractor’s behalf or (d) premises owned, leased, controlled or used by Contractor.

ADDENDUM C
JULY 27, 2018
Resolution No. 2023-92
Exhibit "A"

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Schedule proposal instructions may result in the rejection of the proposal as being nonresponsive.

2. All prices and notations must be written in ink or typed. Responses must be free of erasures. Corrections must be initialed in ink by the person signing the Proposal. All prices shall be inclusive of all fees and costs of operations to provide the contract materials and/or services, including but not limited to office rent, telephone, facsimile, postage, photocopying, support services and overtime, travel, taxes (except as provided in Section D.3 below) and any other expenses incurred in the course of performing under the terms of this Contract. No other charges will be considered.

Evaluation of Pricing. Price Schedules proposals will be evaluated by calculating the total estimated contract price and converting it to points to be incorporated into a total score for the Proposal as set forth in Exhibit A, Section B. Pricing of this RFP. The total estimated contract price is calculated by modifying the Benchmark Index (described below) by the Market Differential (described below) entered by the Contractor (+ or -) for each delivery location, and multiplying the resulting price per gallon by the estimated quantity of fuel to determine the estimated cost for each delivery location. The sum of the estimated costs for all locations will determine the total estimated contract price. Contractors must enter only one Market Differential for each location based on the vehicle the Contractor will use to deliver the fuel. Multiple entries on one row will prevent the City from calculating the total estimated contract price for the Price Schedule and may result in rejection of the Proposal as non-responsive. The lowest total estimated contract price of all the Proposals that meet the requirements of this RFP will receive the maximum assigned points to this category as set forth in Exhibit A, Section B. Pricing of this RFP. The other Price Schedules will be scored based on how much higher their total estimated contract prices compare with the lowest.

D. PRICE SCHEDULE PROPOSAL – SPECIFIC INSTRUCTIONS
The basis for pricing for motor fuels will be to utilize a formula, consisting of a Benchmark Index and a Market Differential (refer to Section D, paragraph 4 below, for pricing instructions for Renewable Diesel (R99) fuel). Descriptions of the components of this price formula are provided below.

1. Benchmark Index
The City intends to utilize a benchmark index to establish a verifiable baseline fuel price per gallon. Recognizing that there are variations in costs to transport and provide fuel to many regions as specified in this RFP, the benchmark index will be established by market rather than using one index for all Agencies. The benchmark index will be based on data provided by the Oil Price Information Service (OPIS). Specifically, the OPIS “Gross Unbranded Low Rack with CAR Cost” for San Diego will be utilized to establish the benchmark for each Rack market, and the 10:00 a.m. EST gross Unbranded Low Rack with CAR Cost prices for each fuel product will be the benchmark index. In the event that Gross Unbranded Low Rack with CAR cost prices are unavailable for a specific fuel, Contractors shall use the Gross Branded Low Rack with Car Cost prices for that specific fuel. The Unbranded Low Rack is a snapshot of the lowest supplier posting in the OPIS rack market at approximately 10:00 a.m. Eastern Standard Time, Monday. The snapshot includes all price moves from 6:00 p.m. EST the prior day up until the price file is frozen at approximately 10:00 a.m. EST. The snapshot includes the prompt payment discounts offered by suppliers. (Example: The (Date) Unbranded Low Rack encompasses all price moves that were made at 6:00 p.m. EST (date) up until 10:00 a.m.

ADDENDUM C
JULY 27, 2018
Resolution No. 2023-92
Exhibit "A"

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to be performed, including but not limited to changes in quantities, specifications, place of deliveries and delivery schedules, or methods of shipment. If such changes cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any services under this Contract, whether or not changed by any order, an equitable adjustment shall be made and the Contract shall be modified in writing accordingly. Any claim of the Contractor for adjustment under this clause must be asserted in writing within thirty (30) days from the date of receipt by the Contractor of the notification of change unless the Director of Purchasing and Contracting grants a further period of time before the date of final payment under the Contract.

No services for which additional cost or fee will be charged by the Contractor shall be furnished without the prior written authorization of the Purchasing Agent.

The Contract Documents fully express all understandings of the parties concerning the matters therein. No verbal understanding of the parties, their officers, agents or employees shall be valid unless made in the form of a written change agreed to in writing.

6.6Damage. The Contractor shall be held liable for any damage or citations which may be incurred as a result of any spills or for any contaminated fuel or the issue of the fuel in all tanks at all locations; i.e. Diesel in a gasoline tank. In addition, the City reserves the right to cancel the Contract of any Contractor which, notwithstanding compliance with the procedures set forth herein, delivers in a negligent or careless manner or who under any circumstances, causes a spill while delivering. Contractor shall provide vapor recovery hose when delivering fuel.

Notwithstanding the above, the Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on or about premises owned by, or under the control of the City. If the Contractor’s failure to use care causes damages, the Contractor shall replace and/or repair the damage at no expense to the City. Failure to replace and/or repair can result in the City deducting cost for repairs from the Contract.

6.7 Cooperation and Disentanglement. Contractor shall cooperate with the City at the expiration of the contract and the incumbent Contractor in order to accomplish a smooth phase-out and transition of responsibility and requirements, if applicable.

6.8Media. All media, press releases or reports in any which way concerning the City and this Contract are unauthorized without the written permission from the following individuals:

Tim Graham, Supervising Public Information Officer and
Craig Gustafson, Office of the Mayor

6.9 Payment Card Industry Data Security Standards (PCI DSS)

6.9.1 PCI Compliance. Contractor acknowledges and agrees that to the extent that credit card data is collected, processed, stored or transmitted, Contractor must adhere to the Payment Card Industry Data Security Standards (PCI DSS) and must specifically comply with the City PCI requirements described in this Section.

6.9.2 Contractor Compliance with Payment Card Industry Security Standards Council Standards. Contractor must maintain full compliance with all current and applicable Payment Card Industry Security Standards Council Standards (PCI SSC), for all Services performed under this Contract or other contracts managed by Contractor. Contractor acknowledges and agrees Resolution No. 2023-92
Exhibit "A"

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that it will ensure that any subcontractors or other service providers that it uses to assist with performance of this Contract will also maintain full compliance with all current and applicable PCI SSC standards.

6.9.3 Attestation of PCI Compliance. Contractor must, upon request of the City annually on the anniversary of the Effective Date, provide the City with a copy of the Level 1 Service Provider attestation of compliance which must be approved and signed by a qualified security assessor (QSA) company recognized by the PCI SSC. Any deficiencies noted in an annual assessment must be communicated to City, in writing, within thirty (30) days of the report, and include a remediation date in accordance with the PCI SSC’s prioritized approach. Any deficiencies noted in an annual assessment must be remediated at Contractor’s sole cost and expense.

6.9.4 Contractor Remediation. Contractor must remediate, in a timely manner and at Contractor’s sole cost and expense, any outstanding audit finding by Contractor or City’s QSA as it relates to Contractor’s provision of PCI related hardware or services in compliance with the most current PCI DSS and PCI SSC.

6.9.5 Service Provider Responsibility Matrix. Contractor must complete a Service Provider Responsibility Matrix (Matrix) in either the form provided by City, or in a format approved by City, and account for all management services that will be supplied to the City as they relate to cardholder data that is stored, processed, or transmitted on behalf of City. The Matrix shall be updated in regularly and in a timely manner to reflect any changes in the provision of such management services. Upon its completion, the Matrix is hereby incorporated into the Contract and any updates or revisions to the Matrix will also be incorporated into this Contract without need for an amendment.

6.9.6 Contractor Hardware Inspections, Checklist and Notice of Unauthorized Access.

Contractor must physically inspect all kiosk devices, merchant terminals, and related payment hardware, accessible to Contractor, used in the acceptance, transmission, or storage of credit card data, at a frequency determined by the City. Contractor must document all hardware inspections using a checklist in accordance with PCI DSS requirement 9.9 (Checklist), located at:
https://www.pcisecuritystandards.org/document_library?category=pcidss&document=pci_dss or located at such other website as the PCI SSC may describe from time to time.

6.9.6.1 Contractor must report immediately to the City, via email and phone call, any known device tampering or other breach, intrusion, or unauthorized access to cardholder data stored by or on behalf of Contractor. For purposes of this subsection a, reporting to the City’s Information Security Officer (CISO) and the Office of the City Treasurer will be deemed sufficient for notifying the City. Contractor also agrees to assume responsibility for informing all affected individuals in accordance with applicable law.

6.9.6.2 Upon the City’s request, Contractor must provide to City a copy of the Checklist.

Resolution No. 2023-92
Exhibit "A"

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Resolution No. 2023-92
Exhibit "A"

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EXHIBIT A

PROPOSAL SUBMISSION AND REQUIREMENTS
A. PROPOSAL SUBMISSION

1. Timely Proposal Submittal. Proposals must be submitted as described herein to the Purchasing & Contracting Department (P&C).

1.1 Reserved.

1.2 Paper Proposals. The City will accept paper proposals in lieu of eProposals.

Paper proposals must be submitted in a sealed envelope to the Purchasing & Contracting Department (P&C) located at 1200 Third Avenue, Suite 200, San Diego, CA 92101. The Solicitation Number and Closing Date must be referenced in the lower left-hand corner of the outside of the envelope. Faxed proposals will not be accepted.

1.3 Proposal Due Date. Proposals must be submitted prior to the Closing Date indicated on the eBidding System. E-mailed and/or faxed proposals will not be accepted.

1.4 Pre-Proposal Conference. No pre-proposal conference will be held for RFP.

1.4.1 Reserved.

1.5 Questions and Comments. Written questions and comments must be submitted electronically via the eBidding System no later than the date specified on the eBidding System. Only written communications relative to the procurement shall be considered. The City’s eBidding System is the only acceptable method for submission of questions. All questions will be answered in writing. The City will distribute questions and answers without identification of the inquirer(s) to all proposers who are on record as having received this RFP, via its eBidding System. No oral communications can be relied upon for this RFP. Addenda will be issued addressing questions or comments that are determined by the City to cause a change to any part of this RFP.

1.6 Contact with City Staff. Unless otherwise authorized herein, proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are prohibited from communicating with City staff about this RFP from the date this RFP is issued until a contract is awarded.

2. Proposal Format and Organization. Unless electronically submitted, all proposals should be securely bound and must include the following completed and executed forms and information presented in the manner indicated below:

Resolution No. 2023-92
Exhibit "A"

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Tab A - Submission of Information and Forms.

Proposer must submit a completed and signed Contract Signature Page(s) with original, wet signature.

2.1 Exceptions requested by proposer, if any. The proposer must present written factual or legal justification for any exception requested to the Scope of Work, the Contract, or the Exhibits thereto. Any exceptions to the Contract that have not been accepted by the City in writing are deemed rejected. The City, in its sole discretion, may accept some or all of proposer’s exceptions, reject proposer’s exceptions, and deem the proposal nonresponsive, or award the Contract without proposer’s proposed exceptions. The City will not consider exceptions addressed elsewhere in the proposal.

2.2 The Contractor Standards Pledge of Compliance Form.

2.3 Equal Opportunity Contracting forms including the Work Force Report and Contractors Certification of Pending Actions.

2.4 Reserved.

2.5 Reserved.

2.6 Manufacturer’s Price List.

2.6 Additional Information as required in Exhibit B.

2.7 Reserved.

2.8 Reserved.

2.9 One copy of the safety data sheet (SDS) for each product bid. Only those products whose label and MSDS clearly state the contents, hazard potential, and protective measures required shall be considered for purchase.

Tab B - Executive Summary and Responses to Specifications.

2.10 A title page.

2.11 A table of contents.

2.12 An executive summary, limited to one typewritten page, that provides a high-level description of the proposer’s ability to meet the requirements of the RFP and the reasons the proposer believes itself to be best qualified to provide the identified services.

2.13 Proposer’s response to the RFP.

Resolution No. 2023-92
Exhibit "A"

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Tab C - Cost/Price Proposal (if applicable). Proposers shall submit a cost proposal in the form and format described herein. Failure to provide cost(s) in the form and format requested may result in proposal being declared non-responsive and rejected.

3. Proposal Review. Proposers are responsible for carefully examining the RFP, the Specifications, this Contract, and all documents incorporated into the Contract by reference before submitting a proposal. If selected for award of contract, proposer shall be bound by same unless the City has accepted proposer’s exceptions, if any, in writing.

4. Addenda. The City may issue addenda to this RFP as necessary. All addenda are incorporated into the Contract. The proposer is responsible for determining whether addenda were issued prior to a proposal submission. Failure to respond to or properly address addenda may result in rejection of a proposal.

5. Quantities. The estimated quantities provided by the City are not guaranteed.

These quantities are listed for informational purposes only. Quantities vary depending on the demands of the City. Any variations from the estimated quantities shall not entitle the proposer to an adjustment in the unit price or any additional compensation.

6. Quality. Unless otherwise required, all goods furnished shall be new and the best of their kind.

6.1 Items Offered. Proposer shall state the applicable trade name, brand, catalog, manufacturer, and/or product number of the required good, if any, in the proposal.

6.2 Brand Names. Any reference to a specific brand name in a solicitation is illustrative only and describes a component best meeting the specific operational, design, performance, maintenance, quality, or reliability standards and requirements of the City.

Proposer may offer an equivalent or equal in response to a brand name referenced (Proposed Equivalent). The City may consider the Proposed Equivalent after it is subjected to testing and evaluation which must be completed prior to the award of contract. If the proposer offers an item of a manufacturer or vendor other than that specified, the proposer must identify the maker, brand, quality, manufacturer number, product number, catalog number, or other trade designation. The City has complete discretion in determining if a Proposed Equivalent will satisfy its requirements. It is the proposer’s responsibility to provide, at their expense, any product information, test data, or other information or documents the City requests to properly evaluate or demonstrate the acceptability of the Proposed Equivalent, including independent testing, evaluation at qualified test facilities, or destructive testing.

7. Modifications, Withdrawals, or Mistakes. Proposer is responsible for verifying all prices and extensions before submitting a proposal.

7.1 Modification or Withdrawal of Proposal Before Proposal Opening. Prior to the Closing Date, the proposer or proposer’s authorized representative may modify or withdraw the proposal by providing written notice of the proposal modification or withdrawal to the City Contact via the eBidding System. E-mail or telephonic withdrawals or modifications are not permissible.

7.2 Proposal Modification or Withdrawal of Proposal After Proposal Opening.

Any proposer who seeks to modify or withdraw a proposal because of the proposer’s inadvertent computational error affecting the proposal price shall notify the City Contact Resolution No. 2023-92
Exhibit "A"

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identified on the eBidding System no later than three working days following the Closing Date. The proposer shall provide worksheets and such other information as may be required by the City to substantiate the claim of inadvertent error. Failure to do so may bar relief and allow the City recourse from the bid surety. The burden is upon the proposer to prove the inadvertent error. If, as a result of a proposal modification, the proposer is no longer the apparent successful proposer, the City will award to the newly established apparent successful proposer. The City’s decision is final.

8. Incurred Expenses. The City is not responsible for any expenses incurred by proposers in participating in this solicitation process.

9. Public Records. By submitting a proposal, the proposer acknowledges that any information submitted in response to this RFP is a public record subject to disclosure unless the City determines that a specific exemption in the California Public Records Act (CPRA) applies. If the proposer submits information clearly marked confidential or proprietary, the City may protect such information and treat it with confidentiality to the extent permitted by law. However, it will be the responsibility of the proposer to provide to the City the specific legal grounds on which the City can rely in withholding information requested under the CPRA should the City choose to withhold such information. General references to sections of the CPRA will not suffice. Rather, the proposer must provide a specific and detailed legal basis, including applicable case law, that clearly establishes the requested information is exempt from the disclosure under the CPRA. If the proposer does not provide a specific and detailed legal basis for requesting the City to withhold proposer’s confidential or proprietary information at the time of proposal submittal, City will release the information as required by the CPRA and proposer will hold the City, its elected officials, officers, and employees harmless for release of this information. It will be the proposer’s obligation to defend, at proposer’s expense, any legal actions or challenges seeking to obtain from the City any information requested under the CPRA withheld by the City at the proposer’s request.

Furthermore, the proposer shall indemnify and hold harmless the City, its elected officials, officers, and employees from and against any claim or liability, and defend any action brought against the City, resulting from the City’s refusal to release information requested under the CPRA which was withheld at proposer’s request. Nothing in the Contract resulting from this proposal creates any obligation on the part of the City to notify the proposer or obtain the proposer’s approval or consent before releasing information subject to disclosure under the CPRA.

10. Right to Audit. The City Auditor may access proposer’s records as described in San Diego Charter section 39.2 to confirm contract compliance.

B. PRICING

1. Fixed Price. All prices shall be firm, fixed, fully burdened, FOB destination, and include any applicable delivery or freight charges, and any other costs required to provide the requirements as specified in this RFP. The lowest total estimated contract price of all the proposals that meet the requirements of this RFP will receive the maximum assigned points to this category as set forth in this RFP. The other price schedules will be scored based on how much higher their total estimated contract prices compare with the lowest:

(1 – _(contract price – lowest price)__ ) x maximum points = points received lowest price
Resolution No. 2023-92
Exhibit "A"

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For example, if the lowest total estimated contract price of all proposals is $100, that proposal would receive the maximum allowable points for the price category. If the total estimated contract price of another proposal is $105 and the maximum allowable points is 60 points, then that proposal would receive (1 – ((105 – 100) / 100) x 60 = 57 points, or 95% of the maximum points. The lowest score a proposal can receive for this category is zero points (the score cannot be a negative number). The City will perform this calculation for each Proposal.

2. Taxes and Fees. Taxes and applicable local, state, and federal regulatory fees should not be included in the price proposal. Applicable taxes and regulatory fees will be added to the net amount invoiced. The City is liable for state, city, and county sales taxes but is exempt from Federal Excise Tax and will furnish exemption certificates upon request. All or any portion of the City sales tax returned to the City will be considered in the evaluation of proposals.

3. Escalation. An escalation factor is not allowed unless called for in this RFP. If escalation is allowed, proposer must notify the City in writing in the event of a decline in market price(s) below the proposal price. At that time, the City will make an adjustment in the Contract or may elect to re-solicit.

4. Unit Price. Unless the proposer clearly indicates that the price is based on consideration of being awarded the entire lot and that an adjustment to the price was made based on receiving the entire proposal, any difference between the unit price correctly extended and the total price shown for all items shall be offered shall be resolved in favor of the unit price.

C. EVALUATION OF PROPOSALS

1. Award. The City shall evaluate each responsive proposal to determine which proposal offers the City the best value consistent with the evaluation criteria set forth herein.

The proposer offering the lowest overall price will not necessarily be awarded a contract.

2. Sustainable Materials. Consistent with Council Policy 100-14, the City encourages use of readily recyclable submittal materials that contain post-consumer recycled content.

3. Evaluation Process.

3.1 Process for Award. A City-designated evaluation committee (Evaluation Committee) will evaluate and score all responsive proposals. The Evaluation Committee may require proposer to provide additional written or oral information to clarify responses. Upon completion of the evaluation process, the Evaluation Committee will recommend to the Purchasing Agent that award be made to the proposer with the highest scoring proposal.

3.2 Reserved.

3.3 Mandatory Interview/Oral Presentation. The City will require proposers to interview and/or make an oral presentation if one or more proposals score within Ten (10) points or less of the proposal with the highest score. Only the proposer with the highest scoring proposal and those proposers scoring within Ten (10) points or less of the highest scoring proposal will be asked to interview and/or make an oral presentation. Interviews and/or oral presentations will be made to the Evaluation Committee in order to clarify the Resolution No. 2023-92
Exhibit "A"

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proposals and to answer any questions. The interviews and/or oral presentations will be scored as part of the selection process. The City will complete all reference checks prior to any oral interview. Additionally, the Evaluation Committee may require proposer’s key personnel to interview. Interviews may be by telephone and/or in person. Multiple interviews may be required. Proposers are required to complete their oral presentation and/or interviews within seven (7) workdays after the City’s request. Proposers should be prepared to discuss and substantiate any of the areas of the proposal submitted, as well as proposer’s qualifications to furnish the subject goods and services. Proposer is responsible for any costs incurred for the oral presentation and interview of the key personnel.

3.4 Discussions/Negotiations. The City has the right to accept the proposal that serves the best interest of the City, as submitted, without discussion or negotiation.

Contractors should, therefore, not rely on having a chance to discuss, negotiate, and adjust their proposals. The City may negotiate the terms of a contract with the winning proposer based on the RFP and the proposer’s proposal, or award the contract without further negotiation.

3.5 Inspection. The City reserves the right to inspect the proposer’s equipment and facilities to determine if the proposer is capable of fulfilling this Contract. Inspection will include, but not limited to, survey of proposer’s physical assets and financial capability.

Proposer, by signing the proposal agrees to the City’s right of access to physical assets and financial records for the sole purpose of determining proposer’s capability to perform the Contract. Should the City conduct this inspection, the City reserves the right to disqualify a proposer who does not, in the City’s judgment, exhibit the sufficient physical and financial resources to perform this Contract.

3.6 Evaluation Criteria. The following elements represent the evaluation criteria that will be considered during the evaluation process:

MAXIMUM

EVALUATION
POINTS
A. Responsiveness to the RFP.

1. Requested information included and thoroughness of response

2. Understanding of the project and ability to deliver as exhibited in the Executive Summary.

3. Technical Aspects
15 B. Staffing Plan.

1. Qualifications of personnel adequate for requirement

2. Availability/Geographical location of personnel for required tasks

3. Clearly defined Roles/Responsibilities of personnel

4. Documentation proof for Staff who have passed/cleared any security background checks
15 C. Firm's Capability to provide the services and expertise and Past Performance.

1. Relevant experience of the Firm and subcontractors

2. Previous relationship of firm and subcontractors on similar projects

3. Specific experience on Multi-Protocol Label Switching (MPLS) networks

4. Other pertinent experience
30 Resolution No. 2023-92
Exhibit "A"

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MAXIMUM

EVALUATION
POINTS

5. Location in the general geographical area of the project and knowledge of the locality of the Project

6. Past/Prior Performance

7. Capacity/Capability to meet The City of San Diego needs in a timely manner

8. Reference checks
D. Price. 30
E. Mandatory Demonstration/Presentation.

1. Equipment

2. Software

3. Support Model

4. Real Time Operation

5. Thoroughness and Clarity of Presentation
10 SUB TOTAL MAXIMUM EVALUATION POINTS: 100
F. Participation by Small Local Business Enterprise (SLBE) or Emerging Local Business Enterprise (ELBE) Firms*
12 FINAL MAXIMUM EVALUATION POINTS INCLUDING SLBE/ELBE: 112 *The City shall apply a maximum of an additional 12 percentage points to the proposer’s final score for SLBE OR ELBE participation. Refer to Equal Opportunity Contracting Form, Section V.

D. ANNOUNCEMENT OF AWARD

1. Award of Contract. The City will inform all proposers of its intent to award a Contract in writing.

2. Obtaining Proposal Results. No solicitation results can be obtained until the City announces the proposal or proposals best meeting the City’s requirements. Proposal results may be obtained by: (1) e-mailing a request to the City Contact identified on the eBidding System or (2) visiting the P&C eBidding System to review the proposal results. To ensure an accurate response, requests should reference the Solicitation Number. Proposal results will not be released over the phone.

3. Multiple Awards. City may award more than one contract by awarding separate items or groups of items to various proposers. Awards will be made for items, or combinations of items, which result in the lowest aggregate price and/or best meet the City’s requirements. The additional administrative costs associated with awarding more than one Contract will be considered in the determination.

E. PROTESTS. The City’s protest procedures are codified in Chapter 2, Article 2, Division 30 of the San Diego Municipal Code (SDMC). These procedures provide unsuccessful proposers Resolution No. 2023-92
Exhibit "A"

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with the opportunity to challenge the City’s determination on legal and factual grounds. The City will not consider or otherwise act upon an untimely protest.

F. REJECTION OF PROPOSALS. The City may reject any and all bids or proposals when to do so is in the best interests of the City, and may re-advertise for bids or proposals.

G. SUBMITTALS REQUIRED UPON NOTICE TO PROCEED LETTER. The successful proposer is required to submit the following documents to P&C within ten (10) business days from the date upon the Notice to Proceed letter:

1. Insurance Documents. Evidence of all required insurance, including all required endorsements, as specified in Article VII of the General Contract Terms and Provisions and Article VI, Section 6.3. Additional Insurance Requirements, of this RFP.

2. Taxpayer Identification Number. Internal Revenue Service (IRS) regulations require the City to have the correct name, address, and Taxpayer Identification Number (TIN) or Social Security Number (SSN) on file for businesses or persons who provide goods or services to the City. This information is necessary to complete Form 1099 at the end of each tax year. To comply with IRS regulations, the City requires each Contractor to provide a Form W-9 prior to the award of a Contract.

3. Business Tax Certificate. Unless the City Treasurer determines a business is exempt, all businesses that contract with the City must have a current business tax certificate.

The City may find the proposer to be non-responsive and award the Contract to the next highest scoring responsible and responsive proposer if the apparent successful proposer fails to timely provide the required information or documents.

Resolution No. 2023-92
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EXHIBIT B

SCOPE OF WORK
A. SPECIFICATIONS
The City of San Diego (City) is seeking proposals for furnishing Various Fuels to the City and other named participating Agencies as listed below, as a cooperative procurement contract.

The City of San Diego has agreed to advertise and solicit this request for proposals for the joint purchase of fuel to obtain the best possible price for all participants. All agencies are responsible for entering into separate agreements with the Contractor provided that the participating public agencies may purchase products and services on the same terms, conditions, and pricing as the City, subject to any applicable local purchasing ordinances and the laws of the State of purchase. These Agencies may or may not decide to purchase fuel from the winning Contractor at their discretion. Submitting a proposal to the City in response to this RFP constitutes separate, irrevocable offers to the City and each of these Agencies to deliver fuel at the prices bid in the Price Proposal Spreadsheet (Attachment 1) and under the terms and conditions of this RFP. In addition, this proposal may be utilized by other educational and governmental Agencies that have not been specifically listed, in accordance with Appendix B of this contract.

Participating Agency
City of Carlsbad
City of Chula Vista
Chula Vista Elementary School District
City of Coronado
City of Escondido
City of La Mesa
City of Santee
County of San Diego
Escondido Union High School District
La Mesa Spring Valley School District
Metropolitan Transit System
Port of San Diego
Rancho Santa Fe Fire Protection District
San Diego Community College District
San Diego County Office of Education
San Diego Metropolitan Transit System
San Diego Unified School District
Zoological Society of San Diego (San Diego Zoo and Safari Park) San Dieguito Union High School District
South Bay Union School District
Sweetwater Authority
Sweetwater Union High School District
Valley Center-Pauma Unified School District
San Diego State University
All products shall be delivered to the City meeting the specifications as detailed below. Any product not meeting these specifications could necessitate costly repairs to equipment. The Contractor shall be held responsible for all expenses incurred in connection with Resolution No. 2023-92
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substandard products. The City reserves the right to terminate the Contract when products do not meet these specifications.

Conformity of all products to be supplied under this Contract shall meet or exceed all State of California and Federal specifications for unleaded gasoline used in Southern California. All diesel fuels to be supplied under this contract shall meet or exceed California Air Resources Board (CARB) diesel specifications.

The brand names and manufacturer specifications of all fuel(s) proposed shall be furnished with the technical portion of the proposal submittal. If the Contractor is not the refiner of the product being proposed, Contractor shall submit a certification from the refinery that the product to be supplied meets the specifications stated herein, and further, that supply of the product shall conform to these specifications.

1. Gasoline – Unleaded Regular
Regular unleaded gasoline shall be not less than 87 Octane, and shall meet all of the most recent Federal Specifications VVG-1690B and shall meet the limits of ASTM D-4814 or the latest standard established by the Security of Automotive Engineers.

2. Gasoline – Unleaded Mid-Grade
Mid-Grade unleaded gasoline shall be not less than 89 Octane, and shall meet all of the most recent Federal Specifications VVG-1690B, and shall meet the limits of ASTM D-4814 or the latest standard established by the Society of Automotive Engineers.

3. Gasoline – Unleaded Premium
Premium unleaded gasoline shall be not less than 91 Octane, and shall meet all of the most recent Federal Specifications VVG-1690-B, and shall meet the limits of ASTM D-4814 or the latest standard established by the Society of Automotive Engineers.

4. CARB No.2 Ultra Low Sulfur Diesel
Property
ASTM
Test
Method or
(Other)
General
Reference Fuel
Specifications
Small Refiner
Reference Fuel
Specifications
Sulfur D975 15 ppm max 15 ppm max
Lubricity (Scuffing
Load Ball)
3100 SLBOCLE
min.
3100 SLBOCLE
min.

Aromatic HC
(vol %) D5186-96 10% max 20% max
Polycyclic
Aromatic HC
(wt%)
D5186-96 1.4% max 4% max
Nitrogen
Content
(ppm)
D4629-96 10 ppm max 90 ppm max
Natural
Cetane
Number
D613-84 48 min 47 min
Gravity, API D287-82 33-39 33-39
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Viscosity at
40° cST D445-83 2.0-4.1 2.0-4.1
Flash Point
deg. F (min) D93-80 130 130
Distillation,
deg. F D86-96
IBP 340-420 340-420
10% Rec 400-490 400-490
50% Rec 470-560 470-560
90% Rec 550-610 550-610
EP 580-660 580-660
Ash Wt %
max D482 .01 .01
Property
ASTM
Test
Method or
(Other)
General
Reference Fuel
Specifications
Small Refiner
Reference Fuel
Specifications
Cu Strip
Corrosion 3-
hrs at 122° F
max
D130 3 0.3
Stability,
mg/100ml,
max
D2274 1.0 1.0

5. No. 2 Diesel Fuel
Shall meet ASTM Standard D-975 for 2-E diesel fuel oil and not more than 0.5 weight percent of sulfur; Water and sediment volume not in excess of 0.05%. Cetane number of 40 or a maximum aromatic content of 35% (see Appendix A).

6. Biodiesel
Biodiesel shall meet the ASTM specification D6751. Biodiesel of B5, B10 and B20 shall be available.

7. Renewable Diesel
Renewable diesel shall meet all of the most recent Federal specifications R99, or the latest standard established by the Society of Automotive Engineers. Please provide a SDS for renewable diesel which is being proposed.

Property Units Min. Max
Cetane number 70 -
Density at 15° C Kg/m3 770.0 790.0
Polycyclic aromatic
hydrocarbons
content
% (m/m) - 0.1
Sulfur content mg/kg - 5.0
Flash point °C 61 -
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Carbon residue
(on 10% distillation
residue)
% (m/m) - 0.10
Ash content % (m/m) - 0.001
Water content mg/kg - 200
Total
contamination
mg/kg - 10
Copper strip
corrosion (3h at
50°C) rating Class 1
Oxidation stability g/m3 - 25
Lubricity μm - see
footnote b
Viscosity at 40°C mm2/s 2.00 4.00
Distillation 95%
(V/V) recovered at
°C - 320
Cloud point and
CFPP
°C Max. -5/
-15/ -22/
-34
Cloud
point as
agreed,
report
only for
CFPP
Properties additional to EN 590
Appearance Clear and bright
Color 70
Total aromatics
content
% (m/m) - 1.0
Distillation FBP °C 330
Acid value mgKOH/g 0.01
B. FUEL MEASUREMENT. It is the responsibility of the Contractor to have the delivering driver measure each tank with a fuel gauge stick. These readings shall be taken prior to unloading fuel and after unloading fuel and shall be recorded on delivery receipts. Delivery Receipts are to be electronically sent to a designated, to be determined, email address while Contractor is still on site. Although gauges may be available at each delivery site, each delivery truck must be equipped with a fuel tank gauge stick.

C. PRICE SCHEDULE PROPOSAL– GENERAL INSTRUCTIONS

1. Contractors shall submit their Price Schedule proposal in accordance with the following instructions. Following the Price Schedule proposal instructions will help ensure consistency in the price evaluation process. The Price Schedule proposal (Attachment 1) shall be completed in full and shall be incorporated herein. Any deviations from the Price Resolution No. 2023-92
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Schedule proposal instructions may result in the rejection of the proposal as being nonresponsive.

ADDENDUM C
JULY 27, 2018
Resolution No. 2023-92
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benchmark index in response to this RFP. For the sole purpose of enabling the City to evaluate all proposals consistently, the OPIS 10:00 a.m. EST Unbranded Low Rack in San Diego for Monday, August 13, 2018 will be used to evaluate the total proposed prices per gallon, including the Market Differential described below. Contractors are required to acknowledge the intended benchmark index and pose any questions regarding the use of the index specified in their response to this RFP.

NOTE: OPIS prices are protected under strict copyright agreements and forwarding printed or electronic OPIS price reports is a violation of Federal copyright law. It is highly encouraged that both suppliers and purchasers of fuel tied to OPIS pricing subscribe to OPIS to verify the prices that are used in fulfilling this contract.

2. Market Differential
The Market Differential is to be proposed by Contractors for each OPIS Rack market (refer to Section C, paragraph 4 below, for price schedule instructions for Renewable Diesel fuel). The Market Differential is to be a four-digit decimal numerical value that is added to or subtracted from the benchmark index for a given fuel product by Rack market. The Market Differential is to include all cost and profit components determined by the Contractor, but should exclude any applicable taxes (see Taxes below). A Price Schedule Proposal Spreadsheet (Attachment 1) in Microsoft Excel electronic format is an included, integral component of this RFP. Suppliers are required to use this Price Schedule Proposal Spreadsheet (Attachment 1) to submit their proposed Market Differential for each fuel product by Rack market. This Spreadsheet must be submitted to the City in its Microsoft Excel electronic form, with no changes to the formatting or City-designed nature of the Spreadsheet. Contract Market Differential prices are firm for the term of the contract except that price revisions will be permitted in accordance with the terms and conditions set forth herein. Contractors are required to bid every fuel product in the Price Schedule Proposal Spreadsheet (Attachment 1) for every location indicated. Failure to do so may result in the Contractor’s bid being rejected as non-responsive.

3. Taxes

3.1 The collection of federal, state and local taxes on all fuels purchased under this Contract may vary for each Agency that will utilize any contract resulting from this RFP, and the determination of the tax-exempt status of any Agency shall be determined by such Agency. It is the Contractor’s responsibility to accurately assess, collect and remit to any taxing authority any fuel taxes after determination by the Agency of its tax-exempt status regarding any and all taxes on motor fuels. Agencies will provide tax-exempt certifications upon request. Any applicable taxes are to be added as a separate line to each invoice submitted under the terms of this RFP, and each applicable tax (e.g., federal, state, etc.) is to be separately identified on the invoice regarding the taxing authority imposing such tax to enable Agencies to assess the accuracy of taxes imposed.

3.2 The price for all fuels under any contract awarded hereunder shall be increased by the amount of any after-imposed tax, unless the legislation, judicial decision or administrative action says otherwise, if the Contractor states in writing that such contract price does not include any contingency for such after-imposed tax. Such increase shall be prospective only and becomes effective upon such written notice. “After-imposed tax” means any new or increased Federal, State and Local excise tax or duty, except social security or other employment taxes, on fuel purchased under any contract awarded hereunder which

ADDENDUM D
AUGUST 1st, 2018
Resolution No. 2023-92
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the Contractor is required to pay or bear the burden of as the result of legislation, judicial decision, or administrative action taking effect after the date of contract award.

3.3 The price for all fuels under any contract awarded hereunder shall be decreased by the amount of any after-relieved tax. Such decrease shall be effective when realized. “After-relieved tax” means any amount of federal, state and local excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on fuel purchased under any contract awarded hereunder which the Contractor is not required to pay or bear the burden of, or for which the Contractor obtains a refund or drawback, as the result of legislation, judicial decision or administrative action taking effect after the date of contract award.

3.4 The City of San Diego and any other Agencies that fall into these guidelines, in accordance with IRS notice 88-30, is exempt from paying a federal excise tax on diesel fuel.

The City of San Diego and any other Agency, if applicable, will sign a certificate of exemption, to be maintained on file with the successful Contractor for the duration of the Contract.

4. Price Schedule Proposal Instructions – Renewable Diesel Fuel Proposers shall provide their own method of price per gallon for renewable diesel (R99) fuel based on the estimated usage for renewable diesel fuel as indicated in Appendix B, Agency Details. Proposers shall preface their Price Schedule Proposal Schedule (Attachment 1) for renewable diesel with a summary explaining the pricing method that is proposed for this contract that will lead to the most beneficial and cost-effective fuel which shall be consistent with all other Price Schedule Proposal instructions, as specified in this RFP, as applicable. If the price per gallon is tied to an index, for purposes of evaluating proposals the price will be calculated based on the index on the date of Monday, August 13, 2018. If another method is used, the Proposer must indicate what price the method would yield if the renewable diesel fuel were delivered on Monday, August 13, 2018.

5. Spill Fees or Leaking Underground Storage Tank (LUST) Fees Spill or LUST fees shall be excluded from the Price Schedule Proposal (Attachment 1).

However, the successful Proposer must clearly identify any Spill or LUST charges as separate line items on the billing invoice. These charges shall be direct pass-through costs to the City and participating agencies. No markup or profit shall be added to these charges to the City or any participating agency.

E. DELIVERY.

The Contractor shall provide method(s) of delivery for each Agency based on the estimated usage of each Agency as indicated in Appendix B. In doing so, Contractor shall preface their delivery proposal with a summary explaining the method or methods of delivery that are intended for this contract, and that they believe will lead to the most efficient cost-effective and beneficial delivery solutions for all Agencies including but not limited to the following information:

1. Explain details regarding the proposed method or methods of delivery that will be offered to meet the requirements, including but not limited to truck and trailer deliveries, tank/wagon deliveries and wet hose service.

ADDENDUM D
AUGUST 1st, 2018
Resolution No. 2023-92
Exhibit "A"

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the Contractor is required to pay or bear the burden of as the result of legislation, judicial decision, or administrative action taking effect after the date of contract award.

3.4 The City of San Diego and any other Agencies that fall into these guidelines, in accordance with IRS notice 88-30, is exempt from paying a federal excise tax on diesel fuel.

The City of San Diego and any other Agency, if applicable, will sign a certificate of exemption, to be maintained on file with the successful Contractor for the duration of the Contract.

Proposers shall preface their Price Schedule Proposal Schedule (Attachment 1) for renewable diesel with a summary explaining the pricing method that is proposed for this contract that will lead to the most beneficial and cost-effective fuel which shall be consistent with all other Price Schedule Proposal instructions, as specified in this RFP, as applicable. If the price per gallon is tied to an index, for purposes of evaluating proposals the price will be calculated based on the index on the date of Monday, June 18, 2018. If another method is used, the Proposer must indicate what price the method would yield if the renewable diesel fuel were delivered on Monday, June 18, 2018.

5. Spill Fees or Leaking Underground Storage Tank (LUST) Fees Spill or LUST fees shall be excluded from the Price Schedule Proposal (Attachment 1).

E. DELIVERY.

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At a minimum, the Contractor must monitor the tanks specified on a daily basis to ensure that a timely delivery is made to insure that the sites being monitored never run out of fuel.

Contractor shall also monitor the tanks for usage to make sure the Contractor does not overfill tanks where usage is limited.

Contractor shall also furnish “on demand service” whereby orders for fuel will be requested twenty-four (24) hour notice prior to delivery.

2. State delivery time required after receipt of order for all Agencies. Agencies listed in Appendix B will provide specific delivery schedules and any other applicable information not already provided herein, at the time of making their own contractual arrangements.

3. Split Loads. For purposes of this Contract, “split load” shall be defined as any delivery that contains any combination of fuel types being delivered to multiple tanks at a single location during a single delivery. Split loads or partial shipments to the City or participating Agency where there are multiple tanks within a single delivery site are not acceptable unless prior written approval from the City or participating Agency is received.

The Proposer shall specify how they propose to handle split loads as defined above for the City or any participating Agency having multiple tanks within a single delivery site within their response to this item in their proposal.

4. Delivery Types. For purposes of this Contract, the following delivery types are hereby defined:

4.1 Transport Load is a tanker with a capacity of approximately 8,500 gallons to approximately 9,200 gallons of unleaded gasoline or approximately 7,500 gallons of diesel.

4.2 Short Transport is a bobtail with a capacity of approximately 500 gallons to approximately 4,000 gallons of either unleaded or diesel.

4.3 Tank Wagon is a larger bobtail with a capacity of approximately 4,000 gallons to approximately 5,000 gallons of unleaded or diesel.

5. Delivery Notification
Contractor shall provide an electronic e-mail to specific City personnel (e-mails to be provided separately) which includes the actual price, quantity, and location of all fuel delivered to the site, within twenty-four (24) hours upon fuel drop. The preferred format is an Excel spreadsheet.

Contractor shall also provide an electronic e-mail to the aforementioned specific City personnel on a daily basis which includes the daily fuel price. The daily price e-mail shall be sent daily regardless of whether any deliveries occur that day, and separate of the delivery email.

The above information is required in order to keep the City’s Fleet management information system current for computation of daily fleet operating costs, and for reconciliation of delivered amounts. Multiple site deliveries may be contained in each e-mail. The City will keep e-mail contacts updated as changes are made throughout the contract.

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6. Delays
Contractor shall immediately notify the City in writing if there are, or it is anticipated, that there will be a delay in performance. The written notice shall include an explanation of the cause for, and a reasonable estimate of the length of the delay. If in the opinion of the City, the delay is material and the circumstances are within the control of the contractor, the City may terminate this Contract as provided in Exhibit C, Article IV Suspension and Termination.

If delays in performance are caused by unforeseen events beyond the control of the parties, such delay may entitle the Contractor to a reasonable extension of time, but such delay shall not entitle the Contractor to damages or additional compensation. Any such extension of time must be approved in writing by the City. The following conditions may constitute such a delay: war; acts of terror; changes in law or government regulation; labor disputes; strikes; earthquakes; fires; floods; adverse weather; inability to obtain materials; equipment or labor; or other specific reasons agreed to between the City and the Contractor, provided, however, that: (a) this provision shall not apply to a delay caused acts or omissions of the Contractor; and (b) a delay caused by the inability to obtain materials, equipment, or labor shall not entitle the Contractor to an extension of time unless the City has received, in a timely manner, documentary proof satisfactory to City of the Contractor’s inability to obtain materials, equipment or labor.

Except when caused by the unforeseen events described above, this contract may be terminated if Contractor fails on more than one (1) occasion, at any time during the contract period, to deliver this material within the time stated within the proposal, and it late or nondelivery causes any city facility to run short of fuel or to run the risk of being entirely out of fuel. The City will be the sole judge or whether or not to place an emergency order for this product.

7. Delivery/Freight Charges
All fuel delivery charges are to be included in the Market Differential discussed in this RFP (i.e., the Market Differential must not include cost estimates for delivery). Because of the number and location of storage tanks at each Agency, and the number and location of each agency eligible to utilize this contract delivery charges are anticipated to vary between Agencies, resulting in different Market Differentials for each Agency. When determining delivery charges specific to each Participating Agency, Contractor must identify in its proposal any additional charges for split deliveries at different locations or for loads smaller than tank loads. The City of San Diego and other Participating Agencies reserve the right to add and/or delete delivery sites during the course of this Contract, with delivery charges to new sites being a direct cost pass-through to the Agency.

At a minimum, unless otherwise specified in Appendix B or when other delivery times are specified when an order placed, standard delivery times for the City and participating Agencies will be between 8:00 a.m. and 5:00 p.m., Monday through Friday. Contractor shall notify the City at least 7 days in advance if deliveries cannot be made due to tank farm closure and provide alternative fuel delivery solutions if applicable.

Title to the material and supplies purchased shall pass directly from Contractor to City at F.O.B. Destination point specified for each delivery, subject to the right of City to reject upon inspection. The City, in its sole discretion, may extend the time for delivery. The City may order, in writing, the suspension, delay or interruption of delivery of goods or services.

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Time is of the essence and the Contract is subject to termination for failure to deliver on time.

The City of San Diego and other Participating Agencies reserve the right to add and/or delete delivery sites during the course of this Contract, with delivery charges to new sites being a direct cost pass-through to the Agency.

F. EMERGENCY DELIVERY. There may be occasions when emergency fuel deliveries are required by the City to meet public safety needs. Emergency delivery services may include the following: wet hose delivery, after-hour fueling for generators (by site), and coordination with key City staff for County-wide needs.

Successful Contractor will propose a detailed emergency response plan that will be incorporated into this Contract. The emergency response plan should appear as its own tabbed section of the Contractor’s proposal document.

G. SAFETY DATA SHEETS (SDS). Contractor shall send with each shipment one (1) copy of the MSDS for each product shipped and shall furnish updates as may be required. Failure to comply with the procedure will be cause for immediate termination of the contract for violation of safety procedures.

H. TEMPERATURE CORRECTIONS. Corrections shall be made on all bulk deliveries of petroleum products in accordance with Table 6B, Generalized Products Volume Correction to 60 degrees F, Copyright 1980 by American Petroleum Institute or most recent revision.

Temperature Correction will not be required for deliveries below 5,000 gallons.

I. TEST REPORTS. A test report shall be submitted on request for each product proposed.

Testing shall be in accordance with A.S.T.M. Standards. All products supplied by Contractor may be subject to periodic test by independent laboratories at City’s option to determine whether or not products being supplied meet specifications. In the event products supplied fail to meet the specifications, Contractor may be required to remove and replace them at their own expense, or make other adjustments as deemed appropriate.

J. DELIVERY TICKETS. The Department Representative for this Contract is identified in the notice of award and is responsible for overseeing and monitoring this Contract.

K. REPORTS. Monthly and/or quarterly statements with specific date ranges as needed shall be furnished as requested by the City referencing fueling data by location (quantities delivered and price). Report formats shall be available electronically and emailed to the Contract Administrator. The preferred format is an Excel spreadsheet.

L. WARRANTY. Contractor warrants to the City that all products supplied shall conform to the requirements hereof and shall be free from defects. In addition to other remedies which may be available, the City may, as its option, require return of any non- conforming or defective product to Contractor and/or require correction or replacement of said product at the location of the product when the defect is discovered, all at the Contractor’s sole risk and expense. If the City does not require correction for replacement of non-conforming or defective product, the Contractor shall credit such portion of the payment specified herein or such additional amount as is equitable under the circumstances. City’s rights hereunder are in addition to, but not limited by, Contractor’s standard warranties.

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Inspection and acceptance of items by the City, or payment therefore, shall not relieve the Contractor of its obligation hereunder.

Any supplies or parts thereof corrected or furnished in replacement pursuant to this clause shall also be subject to all the provisions of this clause to the same extent as supplies initially delivered.

M. CUSTOMER SERVICE AND CONTACTS. Contractor shall provide a customer service operation for City customers for handling each type of fuel order anticipated under this Contract, as well as for any other questions including delivery problems, billing or any other issue that may arise during the Contract. The Customer service operation shall include access to a local area coded number (619, 858 and 760), or a toll-free number and provision of an in-house customer service representative who is assigned and dedicated to the City.

The in-house customer service representative shall be knowledgeable and responsive relative to contract and customer service issues and available to the City during regular working hours, Monday through Friday, 8:00 a.m. PT to 5:00 p.m. PT.

N. QUALIFICATIONS AND EXPERIENCE. The following information regarding qualifications, experience, and other related information is required to evaluate the Contractor’s potential for successfully completing the requirements of this Contract:

1. Provide a company/corporation organization chart including an organization plan for management of the City’s program. Contractor/team should designate experienced professional and technical staff to competently and efficiently perform the work, either through their own personnel or suppliers;

2. Description of Contractor’s core competency;

3. State number of years Supplier has been in business;

4. Resumes and descriptions of experience of principals/associates who will be assisting in the management of this Contract; and

5. Indicate number of team members by technical disciplines, professional registration, education and experience, which are anticipated to be working on this Contract.

Contractor/team must demonstrate a high level of expertise in fuels and fuel delivery.

Identify the project team composition, project leadership, reporting responsibilities, and address how sub-contractors will fit into the management structure. Individuals assigned as project managers and account representatives shall not be changed without the prior approval of the City.

O. DESCRIPTION OF ANY CONTRACTOR/TEAM STRENGTHS.

1. Location of office(s);

2. Competitive advantages over competition;

3. Unique service offerings;

4. Computer programs and management systems utilized;

5. Internal and external audit controls;
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6. Reporting capabilities;

7. Provide the number, size and location of your company’s distribution facility(s), warehouse(s), and retail network, as applicable; and

8. Describe how your company proposes to distribute the products/service based upon the requirements of this Contract. Identify any other companies that will be involved in processing, handling or shipping the products/service to the end user.

P. NEW TECHNOLOGIES. Contractor will provide the City the option to benefit from new technologies and acquire those which could significantly improve the City’s carbon offset or goals part of its Climate Action Plan (CAP). Introductions to new technologies shall occur at the regularly scheduled business reviews as determined by the City.

Q. INSPECTION AND ACCEPTANCE. The City’s Contract Administrators, or designees, will be responsible for inspecting and accepting all product, work, documents, and information received from the Contractor for the scope of services specified herein.

Inspection and acceptance will occur at the shipment destination unless specified otherwise, and will be determined by the City department shown in the shipping address of the Purchase Order or other duly authorized representative of the City. The City reserves the right to waive a variation in specification if, in the opinion of the City, such variation does not materially change the item or its performance within parameters acceptable to the City.

Risk of loss or damage to deliverables prior to the time of their receipt and acceptance by the City is upon the Contractor. The City has no obligation to accept damaged and/or nonfunctional deliverables and reserves the right to return or reject them, at the Contractor’s expense, damaged and/or non-functional deliverables even though the damage and/or nonfunction was not apparent or discovered until after receipt.

R. CONTRACT ADMINISTRATION. The City’s Fleet Services Department will provide daily oversight of this contract to ensure compliance. The Director of Purchasing and Contracting shall be responsible for all contractual matters and is the only individual authorized to make changes of any kind to the Contract. Contractor shall not rely upon any oral change from anyone, or a written request for change from someone other than the Director of Purchasing and Contracting. All changes will be submitted in writing signed by the Director of Purchasing and Contracting.

1. Purchase Order and Sub-Order
The City of San Diego will issue multiple Purchase Orders to the Contractor for the estimated requirements of various City Departments. This will authorize the acceptance of sub-orders from the various divisions within these City Departments for their specific requirements.

Contractor shall complete delivery of material ordered to destinations set forth in the suborder. Each sub-order shipment shall be accompanied by a copy of a delivery ticket itemizing all materials delivered. Partial shipments are not acceptable when ordered by suborder.

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2. Invoicing and Payment
Contractor shall work directly with the City’s Contract Administrators to ensure invoices for services rendered are furnished with the required detail and provided in a timely manner.

The City may, at its discretion, terminate this contract when invoicing is delinquent.

Payment of invoices shall be tied to the acceptance by the City in accordance with the requirements and specifications of this Contract.

2.1 Invoices must be submitted once per month in duplicate (one copy to be marked “original”) to the billing contact listed on a valid City Purchase Order, and shall conform to policies or regulations adopted from time to time by the City of San Diego.

Invoices shall be legible and shall contain, as a minimum, the following information:
a. The Contract number, department (division) and purchase order number; b. A complete itemization of all costs including quantities ordered, sub-order (if any), and delivery date, and any other data relative to the shipment.

Applicable sales tax and any other applicable governmental fuel fees shall be shown as separate line items;
c. Invoices must clearly indicate the OPIS (Oil Price Information Service) Benchmark Index per the terms of this Contract for each fuel product delivered as a separate line item on the invoice. Invoices must state as a separate line item the Market Differential for each fuel product sold per the terms of this Contract. The OPIS Benchmark Index and Market Differential for each fuel product sold must be stated on a cost per gallon basis on the invoice, with the number of gallons sold separately stated by fuel product. Invoices shall also include line item adjustments for Temperature on all loads over 5,000 gallons.

The extended total sales for each fuel product sold must be identified. Taxes, if any, must be stated on a separate line item on the invoice to derive the total cost to the Participating Agency.

Invoices must show the same number of gallons as the number of gallons on the delivery ticket. When a split load occurs, the amount dropped in each tank must be shown in both inches and gallons. The cumulative amount must equal the amount billed on the invoice.

If confirmation of pricing by the City or any Participating Agency finds any discrepancy with the terms of this Contract, Contractor shall make corrections before payment of invoice or refund of any overpayment for incorrect invoices already paid without any penalty assessed upon the Participating Agency. Any discounts offered under the terms of the Contract shall also be specified; d. Evidence of the accepted supplies or services by the City of San Diego, which shall include copies of delivery tickets with tank number, and the delivery location shall accompany each invoice. A copy of the delivery ticket must be signed by the individual accepting delivery.
e. Unique traceable invoice number(s);
f. Total Charges billed at this time and date.

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2.2 Upon review and approval from the City Department invoices shall be approved for payment and payment shall be carried out by the Office of the City Comptroller.

2.3 Subject to the withholding provisions of the Contract, if any, payment shall be made within thirty (30) days after the City of San Diego’s receipt of a properly prepared/approved invoice.

2.4 Contractor shall provide a fully executed W-9 Form to the Director of Purchasing and Contracting. It is the Contractor’s responsibility to notify the Director of Purchasing and Contracting of any changes in the remittal address. Failure to provide this information may impact payment of invoices by the City. To ensure that this Form is a current Revision at time of submittal, the Contractor shall download this Form and submit as specified herein. The website to obtain this form is: http://www.irs.ustreas.gov/pub/irspdf/fw9.pdf.

2.5 The City shall pay the Contractor in arrears for services rendered. Billing shall be in accordance with the Price Schedule Proposal (Attachment 1), allowing for City approved adjustments, if any.

2.6 If applicable, any labor charges for extraordinary services shall be included on the invoice along with a description of the extraordinary work performed and the location/and or section where the work was performed. Contractor must attach written authorization from the Contract Administrator approving all extraordinary work. Failure to do so will result in payment being withheld for such services. The extraordinary labor cost shall be stated on the current Price Schedule Proposal (Attachment 1).

2.7 If applicable, for parts delivered, invoices shall list the manufacturer of the part, manufacturer’s published list price, percentage discount applied per the Contract’s pricing agreement, and the net price to the City, as well as item description, quantity, and extension.

S. PARKING. If at any time Contractor or its representatives shall be on the premises of the City, then Contractor is responsible for all parking fees, tickets, and permits. Contractor or its representatives shall also obey all parking regulations.

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95 Item9.

RFP – Goods, Services, & Consultants
Revised: November 8, 2016
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PRICE SCHEDULE PROPOSAL
Estimated Need. The estimated annual quantities provided by the City and the participating agencies in the Price Schedule Proposal (Attachment 1) are not guaranteed. The quantities may vary depending on the demands of the City and the agencies.

Any variations from these estimated quantities shall not entitle the Contractor to an adjustment in the unit price or to any additional compensation. The City will total the amount in the Price Schedule Proposal Spreadsheet (Attachment 1) (as described in Exhibit C, Section B. Price Schedule Proposal) to be used in the “Price” evaluation criteria calculation.

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General Contract Terms and Provisions
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THE CITY OF SAN DIEGO

GENERAL CONTRACT TERMS AND PROVISIONS

APPLICABLE TO GOODS, SERVICES, AND CONSULTANT CONTRACTS Exhibit C
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ARTICLE I

SCOPE AND TERM OF CONTRACT

1.1 Scope of Contract. The scope of contract between the City and a provider of goods and/or services (Contractor) is described in the Contract Documents. The Contract Documents are comprised of the Request for Proposal, Invitation to Bid, or other solicitation document (Solicitation); the successful bid or proposal; the letter awarding the contract to Contractor; the City’s written acceptance of exceptions or clarifications to the Solicitation, if any; and these General Contract Terms and Provisions.

1.2 Effective Date. A contract between the City and Contractor (Contract) is effective on the last date that the contract is signed by the parties and approved by the City Attorney in accordance with Charter section 40. Unless otherwise terminated, this Contract is effective until it is completed or as otherwise agreed upon in writing by the parties, whichever is the earliest. A Contract term cannot exceed five (5) years unless approved by the City Council by ordinance.

1.3 Contract Extension. The City may, in its sole discretion, unilaterally exercise an option to extend the Contract as described in the Contract Documents. In addition, the City may, in its sole discretion, unilaterally extend the Contract on a month-to-month basis following contract expiration if authorized under Charter section 99 and the Contract Documents. Contractor shall not increase its pricing in excess of the percentage increase described in the Contract.

ARTICLE II

CONTRACT ADMINISTRATOR

2.1 Contract Administrator. The Purchasing Agent or designee is the Contract Administrator for purposes of this Contract, and has the responsibilities described in this Contract, in the San Diego Charter, and in Chapter 2, Article 2, Divisions 5, 30, and 32.

2.1.1 Contractor Performance Evaluations. The Contract Administrator will evaluate Contractor’s performance as often as the Contract Administrator deems necessary throughout the term of the contract. This evaluation will be based on criteria including the quality of goods or services, the timeliness of performance, and adherence to applicable laws, including prevailing wage and living wage. City will provide Contractors who receive an unsatisfactory rating with a copy of the evaluation and an opportunity to respond. City may consider final evaluations, including Contractor’s response, in evaluating future proposals and bids for contract award.

2.2 Notices. Unless otherwise specified, in all cases where written notice is required under this Contract, service shall be deemed sufficient if the notice is personally delivered or deposited in the United States mail, with first class postage paid, attention to the Purchasing Agent. Proper notice is effective on the date of personal delivery or five (5) days after deposit in a United States postal mailbox unless provided otherwise in the Contract. Notices to the City shall be sent to:

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Purchasing Agent
City of San Diego, Purchasing and Contracting Division
1200 3rd Avenue, Suite 200
San Diego, CA 92101-4195

ARTICLE III

COMPENSATION

3.1 Manner of Payment. Contractor will be paid monthly, in arrears, for goods and/or services provided in accordance with the terms and provisions specified in the Contract.

3.2 Invoices.

3.2.1 Invoice Detail. Contractor’s invoice must be on Contractor’s stationary with Contractor’s name, address, and remittance address if different. Contractor’s invoice must have a date, an invoice number, a purchase order number, a description of the goods or services provided, and an amount due.

3.2.2 Service Contracts. Contractor must submit invoices for services to City by the 10th of the month following the month in which Contractor provided services. Invoices must include the address of the location where services were performed and the dates in which services were provided.

3.2.3 Goods Contracts. Contractor must submit invoices for goods to City within seven days of the shipment. Invoices must describe the goods provided.

3.2.4 Parts Contracts. Contractor must submit invoices for parts to City within seven calendar (7) days of the date the parts are shipped. Invoices must include the manufacturer of the part, manufacturer’s published list price, percentage discount applied in accordance with Pricing Page(s), the net price to City, and an item description, quantity, and extension.

3.2.5 Extraordinary Work. City will not pay Contractor for extraordinary work unless Contractor receives prior written authorization from the Contract Administrator. Failure to do so will result in payment being withheld for services. If approved, Contractor will include an invoice that describes the work performed and the location where the work was performed, and a copy of the Contract Administrator’s written authorization.

3.2.6 Reporting Requirements. Contractor must submit the following reports using the City’s web-based contract compliance portal. Incomplete and/or delinquent reports may cause payment delays, non-payment of invoice, or both. For questions, please view the City’s online tutorials on how to utilize the City’s web-based contract compliance portal.

3.2.6.1 Monthly Employment Utilization Reports. Contractor and Contractor’s subcontractors and suppliers must submit Monthly Employment Utilization Reports by the fifth (5th) day of the subsequent month.

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3.2.6.2 Monthly Invoicing and Payments. Contractor and Contractor’s subcontractors and suppliers must submit Monthly Invoicing and Payment Reports by the fifth (5th) day of the subsequent month.

3.3 Annual Appropriation of Funds. Contractor acknowledges that the Contract term may extend over multiple City fiscal years, and that work and compensation under this Contract 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. City is not obligated to pay Contractor for any amounts not duly appropriated and authorized by City Council.

3.4 Price Adjustments. Based on Contractor’s written request and justification, the City may approve an increase in unit prices on Contractor’s pricing pages consistent with the amount requested in the justification in an amount not to exceed the increase in the Consumer Price Index, San Diego Area, for All Urban Customers (CPI-U) as published by the Bureau of Labor Statistics, or 5.0%, whichever is less, during the preceding one year term. If the CPI-U is a negative number, then the unit prices shall not be adjusted for that option year (the unit prices will not be decreased). A negative CPI-U shall be counted against any subsequent increases in the CPI-U when calculating the unit prices for later option years. Contractor must provide such written request and justification no less than sixty days before the date in which City may exercise the option to renew the contract, or sixty days before the anniversary date of the Contract. Justification in support of the written request must include a description of the basis for the adjustment, the proposed effective date and reasons for said date, and the amount of the adjustment requested with documentation to support the requested change (e.g. CPI-U or 5.0%, whichever is less). City’s approval of this request must be in writing.

ARTICLE IV

SUSPENSION AND TERMINATION

4.1 City’s Right to Suspend for Convenience. City may suspend all or any portion of Contractor’s performance under this Contract at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City must first give ten (10) days’ written notice to Contractor of such suspension. City will pay to Contractor a sum equivalent to the reasonable value of the goods and/or services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Contractor with written notice of the rescission, at which time Contractor would be required to resume performance in compliance with the terms and provisions of this Contract. Contractor will be entitled to an extension of time to complete performance under the Contract equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

4.2 City’s Right to Terminate for Convenience. City may, at its sole option and for its convenience, terminate all or any portion of this Contract by giving thirty (30) days’ written notice of such termination to Contractor. The termination of the Contract shall be effective upon receipt of the notice by Contractor. After termination of all or any portion of the Contract, Contractor shall: (1) immediately discontinue all affected performance (unless the notice directs Resolution No. 2023-92
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otherwise); and (2) complete any and all additional work necessary for the orderly filing of documents and closing of Contractor's affected performance under the Contract. After filing of documents and completion of performance, Contractor shall deliver to City all data, drawings, specifications, reports, estimates, summaries, and such other information and materials created or received by Contractor in performing this Contract, whether completed or in process. By accepting payment for completion, filing, and delivering documents as called for in this section, Contractor discharges City of all of City’s payment obligations and liabilities under this Contract with regard to the affected performance.

4.3 City’s Right to Terminate for Default. Contractor’s failure to satisfactorily perform any obligation required by this Contract constitutes a default. Examples of default include a determination by City that Contractor has: (1) failed to deliver goods and/or perform the services of the required quality or within the time specified; (2) failed to perform any of the obligations of this Contract; and (3) failed to make sufficient progress in performance which may jeopardize full performance.

4.3.1 If Contractor fails to satisfactorily cure a default within ten (10) calendar days of receiving written notice from City specifying the nature of the default, City may immediately cancel and/or terminate this Contract, and terminate each and every right of Contractor, and any person claiming any rights by or through Contractor under this Contract.

4.3.2 If City terminates this Contract, in whole or in part, City may procure, upon such terms and in such manner as the Purchasing Agent may deem appropriate, equivalent goods or services and Contractor shall be liable to City for any excess costs. Contractor shall also continue performance to the extent not terminated.

4.4 Termination for Bankruptcy or Assignment for the Benefit of Creditors. If Contractor files a voluntary petition in bankruptcy, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors, the City may at its option and without further notice to, or demand upon Contractor, terminate this Contract, and terminate each and every right of Contractor, and any person claiming rights by and through Contractor under this Contract.

4.5 Contractor’s Right to Payment Following Contract Termination.

4.5.1 Termination for Convenience. If the termination is for the convenience of City an equitable adjustment in the Contract price shall be made. No amount shall be allowed for anticipated profit on unperformed services, and no amount shall be paid for an as needed contract beyond the Contract termination date.

4.5.2 Termination for Default. If, after City gives notice of termination for failure to fulfill Contract obligations to Contractor, it is determined that Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of City. In such event, adjustment in the Contract price shall be made as provided in Section 4.3.2. City’s rights and remedies are in addition to any other rights and remedies provided by law or under this Contract.

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4.6 Remedies Cumulative. City’s remedies are cumulative and are not intended to be exclusive of any other remedies or means of redress to which City may be lawfully entitled in case of any breach or threatened breach of any provision of this Contract.

ARTICLE V

ADDITIONAL CONTRACTOR OBLIGATIONS

5.1 Inspection and Acceptance. The City will inspect and accept goods provided under this Contract at the shipment destination unless specified otherwise. Inspection will be made and acceptance will be determined by the City department shown in the shipping address of the Purchase Order or other duly authorized representative of City.

5.2 Responsibility for Lost or Damaged Shipments. Contractor bears the risk of loss or damage to goods prior to the time of their receipt and acceptance by City. City has no obligation to accept damaged shipments and reserves the right to return damaged goods, at Contractor’s sole expense, even if the damage was not apparent or discovered until after receipt.

5.3 Responsibility for Damages. Contractor is responsible for all damage that occurs as a result of Contractor’s fault or negligence or that of its’ employees, agents, or representatives in connection with the performance of this Contract. Contractor shall immediately report any such damage to people and/or property to the Contract Administrator.

5.4 Delivery. Delivery shall be made on the delivery day specified in the Contract Documents. The City, in its sole discretion, may extend the time for delivery. The City may order, in writing, the suspension, delay or interruption of delivery of goods and/or services.

5.5 Delay. Unless otherwise specified herein, time is of the essence for each and every provision of the Contract. Contractor must immediately notify City in writing if there is, or it is anticipated that there will be, a delay in performance. The written notice must explain the cause for the delay and provide a reasonable estimate of the length of the delay. City may terminate this Contract as provided herein if City, in its sole discretion, determines the delay is material.

5.5.1 If a delay in performance is caused by any unforeseen event(s) beyond the control of the parties, City may allow Contractor to a reasonable extension of time to complete performance, but Contractor will not be entitled to damages or additional compensation. Any such extension of time must be approved in writing by City. The following conditions may constitute such a delay: war; changes in law or government regulation; labor disputes; strikes; fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the performance; inability to obtain materials, equipment or labor; or other specific reasons agreed to between City and Contractor. This provision does not apply to a delay caused by Contractor’s acts or omissions. Contractor is not entitled to an extension of time to perform if a delay is caused by Contractor’s inability to obtain materials, equipment, or labor unless City has received, in a timely manner, documentary proof satisfactory to City of Contractor’s inability to obtain materials, equipment, or labor, in which case City’s approval must be in writing.

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5.6 Restrictions and Regulations Requiring Contract Modification. Contractor shall immediately notify City in writing of any regulations or restrictions that may or will require Contractor to alter the material, quality, workmanship, or performance of the goods and/or services to be provided. City reserves the right to accept any such alteration, including any resulting reasonable price adjustments, or to cancel the Contract at no expense to the City.

5.7 Warranties. All goods and/or services provided under the Contract must be warranted by Contractor or manufacturer for at least twelve (12) months after acceptance by City, except automotive equipment. Automotive equipment must be warranted for a minimum of 12,000 miles or 12 months, whichever occurs first, unless otherwise stated in the Contract. Contractor is responsible to City for all warranty service, parts, and labor. Contractor is required to ensure that warranty work is performed at a facility acceptable to City and that services, parts, and labor are available and provided to meet City’s schedules and deadlines. Contractor may establish a warranty service contract with an agency satisfactory to City instead of performing the warranty service itself. If Contractor is not an authorized service center and causes any damage to equipment being serviced, which results in the existing warranty being voided, Contractor will be liable for all costs of repairs to the equipment, or the costs of replacing the equipment with new equipment that meets City’s operational needs.

5.8 Industry Standards. Contractor shall provide goods and/or services acceptable to City in strict conformance with the Contract. Contractor shall also provide goods and/or services in accordance with the standards customarily adhered to by an experienced and competent provider of the goods and/or services called for under this Contract using the degree of care and skill ordinarily exercised by reputable providers of such goods and/or services. Where approval by City, the Mayor, or other representative of City is required, it is understood to be general approval only and does not relieve Contractor of responsibility for complying with all applicable laws, codes, policies, regulations, and good business practices.

5.9 Records Retention and Examination. Contractor shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, relating to this Contract for five (5) years after receipt of final payment by City under this Contract. Contractor shall make all such records and documents available for inspection, copying, or other reproduction, and auditing by authorized representatives of City, including the Purchasing Agent or designee. Contractor shall make available all requested data and records at reasonable locations within City or County of San Diego at any time during normal business hours, and as often as City deems necessary. If records are not made available within the City or County of San Diego, Contractor shall pay City’s travel costs to the location where the records are maintained and shall pay for all related travel expenses. Failure to make requested records available for inspection, copying, or other reproduction, or auditing by the date requested may result in termination of the Contract. Contractor must include this provision in all subcontracts made in connection with this Contract.

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5.9.1 Contractor shall maintain records of all subcontracts entered into with all firms, all project invoices received from Subcontractors and Suppliers, all purchases of materials and services from Suppliers, and all joint venture participation. Records shall show name, telephone number including area code, and business address of each Subcontractor and Supplier, and joint venture partner, and the total amount actually paid to each firm. Project relevant records, regardless of tier, may be periodically reviewed by the City.

5.10 Quality Assurance Meetings. Upon City’s request, Contractor shall schedule one or more quality assurance meetings with City’s Contract Administrator to discuss Contractor’s performance. If requested, Contractor shall schedule the first quality assurance meeting no later than eight (8) weeks from the date of commencement of work under the Contract. At the quality assurance meeting(s), City’s Contract Administrator will provide Contractor with feedback, will note any deficiencies in Contract performance, and provide Contractor with an opportunity to address and correct such deficiencies. The total number of quality assurance meetings that may be required by City will depend upon Contractor’s performance.

5.11 Duty to Cooperate with Auditor. The City Auditor may, in his sole discretion, at no cost to the City, and for purposes of performing his responsibilities under Charter section 39.2, review Contractor’s records to confirm contract compliance. Contractor shall make reasonable efforts to cooperate with Auditor’s requests.

5.12 Safety Data Sheets. If specified by City in the solicitation or otherwise required by this Contract, Contractor must send with each shipment one (1) copy of the Safety Data Sheet (SDS) for each item shipped. Failure to comply with this procedure will be cause for immediate termination of the Contract for violation of safety procedures.

5.13 Project Personnel. Except as formally approved by the City, the key personnel identified in Contractor’s bid or proposal shall be the individuals who will actually complete the work.

Changes in staffing must be reported in writing and approved by the City.

5.13.1 Criminal Background Certification. Contractor certifies that all employees working on this Contract have had a criminal background check and that said employees are clear of any sexual and drug related convictions. Contractor further certifies that all employees hired by Contractor or a subcontractor shall be free from any felony convictions.

5.13.2 Photo Identification Badge. Contractor shall provide a company photo identification badge to any individual assigned by Contractor or subcontractor to perform services or deliver goods on City premises. Such badge must be worn at all times while on City premises. City reserves the right to require Contractor to pay fingerprinting fees for personnel assigned to work in sensitive areas. All employees shall turn in their photo identification badges to Contractor upon completion of services and prior to final payment of invoice.

5.14 Standards of Conduct. Contractor is responsible for maintaining standards of employee competence, conduct, courtesy, appearance, honesty, and integrity satisfactory to the City.

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5.14.1 Supervision. Contractor shall provide adequate and competent supervision at all times during the Contract term. Contractor shall be readily available to meet with the City.

Contractor shall provide the telephone numbers where its representative(s) can be reached.

5.14.2 City Premises. Contractor’s employees and agents shall comply with all City rules and regulations while on City premises.

5.14.3 Removal of Employees. City may request Contractor immediately remove from assignment to the City any employee found unfit to perform duties at the City. Contractor shall comply with all such requests.

5.15 Licenses and Permits. Contractor shall, without additional expense to the City, be responsible for obtaining any necessary licenses, permits, certifications, accreditations, fees and approvals for complying with any federal, state, county, municipal, and other laws, codes, and regulations applicable to Contract performance. This includes, but is not limited to, any laws or regulations requiring the use of licensed contractors to perform parts of the work.

5.16 Contractor and Subcontractor Registration Requirements. Prior to the award of the Contract or Task Order, Contractor and Contractor’s subcontractors and suppliers must register with the City’s web-based vendor registration and bid management system. The City may not award the Contract until registration of all subcontractors and suppliers is complete. In the event this requirement is not met within the time frame specified by the City, the City reserves the right to rescind the Contract award and to make the award to the next responsive and responsible proposer of bidder.

ARTICLE VI

INTELLECTUAL PROPERTY RIGHTS

6.1 Rights in Data. If, in connection with the services performed under this Contract, Contractor or its employees, agents, or subcontractors, create artwork, audio recordings, blueprints, designs, diagrams, documentation, photographs, plans, reports, software, source code, specifications, surveys, system designs, video recordings, or any other original works of authorship, whether written or readable by machine (Deliverable Materials), all rights of Contractor or its subcontractors in the Deliverable Materials, including, but not limited to publication, and registration of copyrights, and trademarks in the Deliverable Materials, are the sole property of City. Contractor, including its employees, agents, and subcontractors, may not use any Deliverable Material for purposes unrelated to Contractor’s work on behalf of the City without prior written consent of City. Contractor may not publish or reproduce any Deliverable Materials, for purposes unrelated to Contractor’s work on behalf of the City, without the prior written consent of the City.

6. 2 Intellectual Property Rights Assignment. For no additional compensation, Contractor hereby assigns to City all of Contractor’s rights, title, and interest in and to the content of the Deliverable Materials created by Contractor or its employees, agents, or subcontractors, including copyrights, in connection with the services performed under this Contract. Contractor Resolution No. 2023-92
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shall promptly execute and deliver, and shall cause its employees, agents, and subcontractors to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the Deliverable Materials. Contractor also shall cooperate and assist in the prosecution of any action or opposition proceeding involving such intellectual property rights and any adjudication of those rights.

6. 3 Contractor Works. Contractor Works means tangible and intangible information and material that: (a) had already been conceived, invented, created, developed or acquired by Contractor prior to the effective date of this Contract; or (b) were conceived, invented, created, or developed by Contractor after the effective date of this Contract, but only to the extent such information and material do not constitute part or all of the Deliverable Materials called for in this Contract. All Contractor Works, and all modifications or derivatives of such Contractor Works, including all intellectual property rights in or pertaining to the same, shall be owned solely and exclusively by Contractor.

6. 4 Subcontracting. In the event that Contractor utilizes a subcontractor(s) for any portion of the work that comprises the whole or part of the specified Deliverable Materials to the City, the agreement between Contractor and the subcontractor shall include a statement that identifies the Deliverable Materials as a “works for hire” as described in the United States Copyright Act of 1976, as amended, and that all intellectual property rights in the Deliverable Materials, whether arising in copyright, trademark, service mark or other forms of intellectual property rights, belong to and shall vest solely with the City. Further, the agreement between Contractor and its subcontractor shall require that the subcontractor, if necessary, shall grant, transfer, sell and assign, free of charge, exclusively to City, all titles, rights and interests in and to the Deliverable Materials, including all copyrights, trademarks and other intellectual property rights.

City shall have the right to review any such agreement for compliance with this provision.

6. 5 Intellectual Property Warranty and Indemnification. Contractor represents and warrants that any materials or deliverables, including all Deliverable Materials, provided under this Contract are either original, or not encumbered, and do not infringe upon the copyright, trademark, patent or other intellectual property rights of any third party, or are in the public domain. If Deliverable Materials provided hereunder become the subject of a claim, suit or allegation of copyright, trademark or patent infringement, City shall have the right, in its sole discretion, to require Contractor to produce, at Contractor’s own expense, new non-infringing materials, deliverables or works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Contractor further agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against any and all claims, actions, costs, judgments or damages, of any type, alleging or threatening that any Deliverable Materials, supplies, equipment, services or works provided under this contract infringe the copyright, trademark, patent or other intellectual property or Resolution No. 2023-92
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proprietary rights of any third party (Third Party Claim of Infringement). If a Third Party Claim of Infringement is threatened or made before Contractor receives payment under this Contract, City shall be entitled, upon written notice to Contractor, to withhold some or all of such payment.

6.6 Software Licensing. Contractor represents and warrants that the software, if any, as delivered to City, does not contain any program code, virus, worm, trap door, back door, time or clock that would erase data or programming or otherwise cause the software to become inoperable, inaccessible, or incapable of being used in accordance with its user manuals, either automatically, upon the occurrence of licensor-selected conditions or manually on command.

Contractor further represents and warrants that all third party software, delivered to City or used by Contractor in the performance of the Contract, is fully licensed by the appropriate licensor.

6.7 Publication. Contractor may not publish or reproduce any Deliverable Materials, for purposes unrelated to Contractor’s work on behalf of the City without prior written consent from the City.

6.8 Royalties, Licenses, and Patents. Unless otherwise specified, Contractor shall pay all royalties, license, and patent fees associated with the goods that are the subject of this solicitation. Contractor warrants that the goods, materials, supplies, and equipment to be supplied do not infringe upon any patent, trademark, or copyright, and further agrees to defend any and all suits, actions and claims for infringement that are brought against the City, and to defend, indemnify and hold harmless the City, its elected officials, officers, and employees from all liability, loss and damages, whether general, exemplary or punitive, suffered as a result of any actual or claimed infringement asserted against the City, Contractor, or those furnishing goods, materials, supplies, or equipment to Contractor under the Contract.

ARTICLE VII

INDEMNIFICATION AND INSURANCE

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City and its elected officials, officers, employees, agents, and representatives (Indemnified Parties) from and against any and all claims, losses, costs, damages, injuries (including, without limitation, injury to or death of an employee of Contractor or its subcontractors), expense, and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, and litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of services under this Contract by Contractor, any subcontractor, anyone directly or indirectly employed by either of them, or anyone that either of them control. Contractor’s duty to defend, indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or willful misconduct of the Indemnified Parties.

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7.2 Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by Contractor, his agents, representatives, employees or subcontractors.

Contractor shall provide, at a minimum, the following:

7.2.1 Commercial General Liability. Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal and advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

7.2.2 Commercial Automobile Liability. Insurance Services Office Form Number CA 0001 covering Code 1 (any auto) or, if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

7.2.3 Workers' Compensation. Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

7.2.4 Professional Liability (Errors and Omissions). For consultant contracts, insurance appropriate to Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

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

7.2.5.1 Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the 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).

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7.2.5.2 Primary Coverage. For any claims related to this contract, Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute with it.

7.2.5.3 Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

7.2.5.4 Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation which the Workers’ Compensation insurer of said Contractor may acquire against 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 provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

7.2.5.5 Claims Made Policies (applicable only to professional liability). The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

7.3 Self Insured Retentions. Self-insured retentions must be declared to and approved by City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or City.

7.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

Best’s rating of no less than A-VI, unless otherwise acceptable to City.

City will accept insurance provided by non-admitted, “surplus lines” carriers only if the carrier is authorized to do business in the State of California and is included on the List of Approved Surplus Lines Insurers (LASLI list). All policies of insurance carried by non-admitted carriers are subject to all of the requirements for policies of insurance provided by admitted carriers described herein.

7.5 Verification of Coverage. Contractor shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right Resolution No. 2023-92
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to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

7.7 Additional Insurance. Contractor may obtain additional insurance not required by this Contract.

7.8 Excess Insurance. All policies providing excess coverage to City shall follow the form of the primary policy or policies including but not limited to all endorsements.

7.9 Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as the CG 20 38 04 13 endorsement.

ARTICLE VIII
BONDS

8.1 Payment and Performance Bond. Prior to the execution of this Contract, City may require Contractor to post a payment and performance bond (Bond). The Bond shall guarantee Contractor’s faithful performance of this Contract and assure payment to contractors, subcontractors, and to persons furnishing goods and/or services under this Contract.

8.1.1 Bond Amount. The Bond shall be in a sum equal to twenty-five percent (25%) of the Contract amount, unless otherwise stated in the Specifications. City may file a claim against the Bond if Contractor fails or refuses to fulfill the terms and provisions of the Contract.

8.1.2 Bond Term. The Bond shall remain in full force and effect at least until complete performance of this Contract and payment of all claims for materials and labor, at which time it will convert to a ten percent (10%) warranty bond, which shall remain in place until the end of the warranty periods set forth in this Contract. The Bond shall be renewed annually, at least sixty (60) days in advance of its expiration, and Contractor shall provide timely proof of annual renewal to City.

8.1.3 Bond Surety. The Bond must be furnished by a company authorized by the State of California Department of Insurance to transact surety business in the State of California and which has a current A.M. Best rating of at least “A-, VIII.”

8.1.4 Non-Renewal or Cancellation. The Bond must provide that City and Contractor shall be provided with sixty (60) days’ advance written notice in the event of non-renewal, cancellation, or material change to its terms. In the event of non-renewal, cancellation, or Resolution No. 2023-92
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material change to the Bond terms, Contractor shall provide City with evidence of the new source of surety within twenty-one (21) calendar days after the date of the notice of non-renewal, cancellation, or material change. Failure to maintain the Bond, as required herein, in full force and effect as required under this Contact, will be a material breach of the Contract subject to termination of the Contract.

8.2 Alternate Security. City may, at its sole discretion, accept alternate security in the form of an endorsed certificate of deposit, a money order, a certified check drawn on a solvent bank, or other security acceptable to the Purchasing Agent in an amount equal to the required Bond.

ARTICLE IX

CITY-MANDATED CLAUSES AND REQUIREMENTS

9.1 Contractor Certification of Compliance. By signing this Contract, Contractor certifies that Contractor is aware of, and will comply with, these City-mandated clauses throughout the duration of the Contract.

9.1.1 Drug-Free Workplace Certification. Contractor shall comply with City’s Drug-Free Workplace requirements set forth in Council Policy 100-17, which is incorporated into the Contract by this reference.

9.1.2 Contractor Certification for Americans with Disabilities Act (ADA) and State Access Laws and Regulations: Contractor shall comply with all accessibility requirements under the ADA and under Title 24 of the California Code of Regulations (Title 24).

When a conflict exists between the ADA and Title 24, Contractor shall comply with the most restrictive requirement (i.e., that which provides the most access). Contractor also shall comply with the City’s ADA Compliance/City Contractors requirements as set forth in Council Policy 100-04, which is incorporated into this Contract by reference. Contractor warrants and certifies compliance with all federal and state access laws and regulations and further certifies that any subcontract agreement for this contract contains language which indicates the subcontractor's agreement to abide by the provisions of the City’s Council Policy and any applicable access laws and regulations.

9.1.3 Non-Discrimination Requirements.

9.1.3.1 Compliance with City’s Equal Opportunity Contracting Program (EOCP). Contractor shall comply with City’s EOCP Requirements. Contractor shall not discriminate against any employee or applicant for employment on any basis prohibited by law.

Contractor shall provide equal opportunity in all employment practices. Prime Contractors shall ensure that their subcontractors comply with this program. Nothing in this Section shall be interpreted to hold a Prime Contractor liable for any discriminatory practice of its subcontractors.

9.1.3.2 Non-Discrimination Ordinance. Contractor shall not discriminate on the basis of race, gender, gender expression, gender identity, religion, national origin, ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or treatment of Resolution No. 2023-92
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subcontractors, vendors or suppliers. Contractor shall provide equal opportunity for subcontractors to participate in subcontracting opportunities. Contractor understands and agrees that violation of this clause shall be considered a material breach of the Contract and may result in Contract termination, debarment, or other sanctions. Contractor shall ensure that this language is included in contracts between Contractor and any subcontractors, vendors and suppliers.

9.1.3.3 Compliance Investigations. Upon City’s request, Contractor agrees to provide to City, within sixty calendar days, a truthful and complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past five years on any of its contracts that were undertaken within San Diego County, including the total dollar amount paid by Contractor for each subcontract or supply contract. Contractor further agrees to fully cooperate in any investigation conducted by City pursuant to City's Nondiscrimination in Contracting Ordinance. Contractor understands and agrees that violation of this clause shall be considered a material breach of the Contract and may result in Contract termination, debarment, and other sanctions.

9.1.4 Equal Benefits Ordinance Certification. Unless an exception applies, Contractor shall comply with the Equal Benefits Ordinance (EBO) codified in the San Diego Municipal Code (SDMC). Failure to maintain equal benefits is a material breach of the Contract.

9.1.5 Contractor Standards. Contractor shall comply with Contractor Standards provisions codified in the SDMC. Contractor understands and agrees that violation of Contractor Standards may be considered a material breach of the Contract and may result in Contract termination, debarment, and other sanctions.

9.1.6 Noise Abatement. Contractor shall operate, conduct, or construct without violating the City’s Noise Abatement Ordinance codified in the SDMC.

9.1.7 Storm Water Pollution Prevention Program. Contractor shall comply with the City’s Storm Water Management and Discharge Control provisions codified in Division 3 of Chapter 4 of the SDMC, as may be amended, and any and all applicable Best Management Practice guidelines and pollution elimination requirements in performing or delivering services at City owned, leased, or managed property, or in performance of services and activities on behalf of City regardless of location.

Contractor shall comply with the City’s Jurisdictional Urban Runoff Management Plan encompassing Citywide programs and activities designed to prevent and reduce storm water pollution within City boundaries as adopted by the City Council on January 22, 2008, via Resolution No. 303351, as may be amended.

Contractor shall comply with each City facility or work site’s Storm Water Pollution Prevention Plan, as applicable, and institute all controls needed while completing the services to minimize any negative impact to the storm water collection system and environment.

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9.1.8 Service Worker Retention Ordinance. If applicable, Contractor shall comply with the Service Worker Retention Ordinance (SWRO) codified in the SDMC.

9.1.9 Product Endorsement. Contractor shall comply with Council Policy 000-41 concerning product endorsement which requires that any advertisement referring to City as a user of a good or service will require the prior written approval of the Mayor.

9.1.10 Business Tax Certificate. Unless the City Treasurer determines in writing that a contractor is exempt from the payment of business tax, any contractor doing business with the City of San Diego is required to obtain a Business Tax Certificate (BTC) and to provide a copy of its BTC to the City before a Contract is executed.

9.1.11 Equal Pay Ordinance. Unless an exception applies, Contractor shall comply with the Equal Pay Ordinance codified in San Diego Municipal Code sections 22.4801 through

22.4809. Contractor shall certify in writing that it will comply with the requirements of the Equal Pay Ordinance throughout the duration of the Contract.

9.1.11.1 Contractor and Subcontract Requirement. The Equal Pay Ordinance applies to any subcontractor who performs work on behalf of a Contractor to the same extent as it would apply to that Contractor. Contractor shall require subcontractors performing work for contractor under their contract with the City to certify compliance with the Equal Pay Ordinance in their written subcontracts.

9.1.11.2 Notice Requirement. Contractor must post a notice informing its employees of their rights under the Equal Pay Ordinance in their workplace or job site.

ARTICLE X

CONFLICT OF INTEREST AND VIOLATIONS OF LAW

10.1 Conflict of Interest Laws. Contractor is subject to all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices including, but not limited to, California Government Code sections 1090, et. seq. and 81000, et. seq., and the Ethics Ordinance, codified in the SDMC. City may determine that Contractor must complete one or more statements of economic interest disclosing relevant financial interests.

Upon City’s request, Contractor shall submit the necessary documents to City.

10.2 Contractor’s Responsibility for Employees and Agents. Contractor is required to establish and make known to its employees and agents appropriate safeguards to prohibit employees from using their positions for a purpose that is, or that gives the appearance of being, motivated by the desire for private gain for themselves or others, particularly those with whom they have family, business or other relationships.

10.3 Contractor’s Financial or Organizational Interests. In connection with any task, Contractor shall not recommend or specify any product, supplier, or contractor with whom Resolution No. 2023-92
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Contractor has a direct or indirect financial or organizational interest or relationship that would violate conflict of interest laws, regulations, or policies.

10.4 Certification of Non-Collusion. Contractor certifies that: (1) Contractor’s bid or proposal was not made in the interest of or on behalf of any person, firm, or corporation not identified; (2) Contractor did not directly or indirectly induce or solicit any other bidder or proposer to put in a sham bid or proposal; (3) Contractor did not directly or indirectly induce or solicit any other person, firm or corporation to refrain from bidding; and (4) Contractor did not seek by collusion to secure any advantage over the other bidders or proposers.

10.5 Hiring City Employees. This Contract shall be unilaterally and immediately terminated by City if Contractor employs an individual who within the twelve (12) months immediately preceding such employment did in his/her capacity as a City officer or employee participate in negotiations with or otherwise have an influence on the selection of Contractor.

ARTICLE XI

DISPUTE RESOLUTION

11.1 Mediation. If a dispute arises out of or relates to this Contract and cannot be settled through normal contract negotiations, Contractor and City shall use mandatory non-binding mediation before having recourse in a court of law.

11.2 Selection of Mediator. A single mediator that is acceptable to both parties shall be used to mediate the dispute. The mediator will be knowledgeable in the subject matter of this Contract, if possible.

11.3 Expenses. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties, unless they agree otherwise.

11.4 Conduct of Mediation Sessions. Mediation hearings will be conducted in an informal manner and discovery will not be allowed. The discussions, statements, writings and admissions will be confidential to the proceedings (pursuant to California Evidence Code sections 1115 through 1128) and will not be used for any other purpose unless otherwise agreed by the parties in writing. The parties may agree to exchange any information they deem necessary. Both parties shall have a representative attend the mediation who is authorized to settle the dispute, though City's recommendation of settlement may be subject to the approval of the Mayor and City Council. Either party may have attorneys, witnesses or experts present.

11.5 Mediation Results. Any agreements resulting from mediation shall be memorialized in writing. The results of the mediation shall not be final or binding unless otherwise agreed to in writing by the parties. Mediators shall not be subject to any subpoena or liability, and their actions shall not be subject to discovery.

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ARTICLE XII

MANDATORY ASSISTANCE

12.1 Mandatory Assistance. If a third party dispute or litigation, or both, arises out of, or relates in any way to the services provided to the City under a Contract, Contractor , its agents, officers, and employees agree to assist in resolving the dispute or litigation upon City’s request.

Contractor’s assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation.

12.2 Compensation for Mandatory Assistance. City will compensate Contractor for fees incurred for providing Mandatory Assistance. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of Contractor, its agents, officers, and employees, Contractor shall reimburse City for all fees paid to Contractor, its agents, officers, and employees for Mandatory Assistance.

12.3 Attorneys’ Fees Related to Mandatory Assistance. In providing City with dispute or litigation assistance, Contractor or its agents, officers, and employees may incur expenses and/or costs. Contractor agrees that any attorney fees it may incur as a result of assistance provided under Section 12.2 are not reimbursable.

ARTICLE XIII

MISCELLANEOUS

13.1 Headings. All headings are for convenience only and shall not affect the interpretation of this Contract.

13.2 Non-Assignment. Contractor may not assign the obligations under this Contract, whether by express assignment or by sale of the company, nor any monies due or to become due under this Contract, without City’s prior written approval. Any assignment in violation of this paragraph shall constitute a default and is grounds for termination of this Contract at the City’s sole discretion. In no event shall any putative assignment create a contractual relationship between City and any putative assignee.

13.3 Independent Contractors. Contractor and any subcontractors employed by Contractor are independent contractors and not agents of City. Any provisions of this Contract that may appear to give City any right to direct Contractor concerning the details of performing or providing the goods and/or services, or to exercise any control over performance of the Contract, shall mean only that Contractor shall follow the direction of City concerning the end results of the performance.

13.4 Subcontractors. All persons assigned to perform any work related to this Contract, including any subcontractors, are deemed to be employees of Contractor, and Contractor shall be directly responsible for their work.

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13.5 Covenants and Conditions. All provisions of this Contract expressed as either covenants or conditions on the part of City or Contractor shall be deemed to be both covenants and conditions.

13.6 Compliance with Controlling Law. Contractor shall comply with all applicable local, state, and federal laws, regulations, and policies. Contractor’s act or omission in violation of applicable local, state, and federal laws, regulations, and policies is grounds for contract termination. In addition to all other remedies or damages allowed by law, Contractor is liable to City for all damages, including costs for substitute performance, sustained as a result of the violation. In addition, Contractor may be subject to suspension, debarment, or both.

13.7 Governing Law. The Contract shall be deemed to be made under, construed in accordance with, and governed by the laws of the State of California without regard to the conflicts or choice of law provisions thereof.

13.8 Venue. The venue for any suit concerning solicitations or the Contract, the interpretation of application of any of its terms and conditions, or any related disputes shall be in the County of San Diego, State of California.

13.9 Successors in Interest. This Contract and all rights and obligations created by this Contract shall be in force and effect whether or not any parties to the Contract have been succeeded by another entity, and all rights and obligations created by this Contract shall be vested and binding on any party’s successor in interest.

13.10 No Waiver. No failure of either City or Contractor to insist upon the strict performance by the other of any covenant, term or condition of this Contract, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Contract, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any breach shall affect or alter this Contract, and each and every covenant, condition, and term hereof shall continue in full force and effect without respect to any existing or subsequent breach.

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

13.12 Drafting Ambiguities. The parties acknowledge that they have the right to be advised by legal counsel with respect to the negotiations, terms and conditions of this Contract, and the decision of whether to seek advice of legal counsel with respect to this Contract is the sole responsibility of each party. This Contract shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Contract.

13.13 Amendments. Neither this Contract nor any provision hereof may be changed, modified, amended or waived except by a written agreement executed by duly authorized representatives of City and Contractor. Any alleged oral amendments have no force or effect. The Purchasing Agent must sign all Contract amendments.

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13.14 Conflicts Between Terms. If this Contract conflicts with an applicable local, state, or federal law, regulation, or court order, applicable local, state, or federal law, regulation, or court order shall control. Varying degrees of stringency among the main body of this Contract, the exhibits or attachments, and laws, regulations, or orders are not deemed conflicts, and the most stringent requirement shall control. Each party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Contract.

13.15 Survival of Obligations. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with this Contract, as well as all continuing obligations indicated in this Contract, shall survive, completion and acceptance of performance and termination, expiration or completion of the Contract.

13.16 Confidentiality of Services. All services performed by Contractor, and any subcontractor(s) if applicable, including but not limited to all drafts, data, information, correspondence, proposals, reports of any nature, estimates compiled or composed by Contractor, are for the sole use of City, its agents, and employees. Neither the documents nor their contents shall be released by Contractor or any subcontractor to any third party without the prior written consent of City. This provision does not apply to information that: (1) was publicly known, or otherwise known to Contractor, at the time it was disclosed to Contractor by City; (2) subsequently becomes publicly known through no act or omission of Contractor; or (3) otherwise becomes known to Contractor other than through disclosure by City.

13.17 Insolvency. If Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the Contract, written notification of the bankruptcy to the Purchasing Agent and the Contract Administrator responsible for administering the Contract. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of City contract numbers and contracting offices for all City contracts against which final payment has not been made. This obligation remains in effect until final payment is made under this Contract.

13.18 No Third Party Beneficiaries. Except as may be specifically set forth in this Contract, none of the provisions of this Contract are intended to benefit any third party not specifically referenced herein. No party other than City and Contractor shall have the right to enforce any of the provisions of this Contract.

13.19 Actions of City in its Governmental Capacity. Nothing in this Contract shall be interpreted as limiting the rights and obligations of City in its governmental or regulatory capacity.

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Property
ASTM
Test
Method
Grade Low
Sulfur
No. 1-D
Grade
Low
Sulfur
No. 2-D
Grade No.
1-.Dᶜ
Grade
No. 2-Dᶜ
Grade
No. 4-Dᶜ
Flash Point, °C, min. D93 38 52(125) 38 52 55
Water and Sediment, % vol, max D1796 0.05 0.05 0.05 0.05 0.5 Distillation Temperature, °C 90% D86 282°
% vol Recovered 338
min … … 282° …
max 268 (550) 288 (550) 338 …
Kinematic Viscsity, mm²/S at 40c D445
min 1.3 1.9 1.3 1.9 5.5
max … 2.4 4.1 2.4 4.1 24.0
Ash % mass, max D482 0.01 0.01 0.01 0.01 0.10
Sulfur, % mass. Maxᴱ D2622F
D129

0.05 ...

0.05 ...
….

0.50 ….

0.50 …

2.00 Copper strip corrosion rating max 3 h at 50°C D130 No. 3 No. 3 No. 3 No. 3 … Catane number, minᴳ D613 40ᴴ 40ᴴ 40ᴴ 40ᴴ 30ᴴ
One (1) of the following properties must be met:
(1) Catane index, min. D978° 40 40 … … …
(2) Aromaticity, % vol, max D1319F 35 35 … … …
Cloud point, °C, max D2500 1 1 1 1 1
Ramsbottom carbon residue on 10% D524 0.15 0.35 0.15 0.35 … distllation residue, % mass, max
Detailed Requirements for Diesel Fuel Oils²
Appendix A
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Property ASTM Test Method Specifications
Sulfur, Wt % D2622 500 ppm Max.

Aromatics, Vol % D1319 10% Max.

Polycyclic Aromatics, Wt % D2425 1.4 % Max.

Nitrogen, Wt % D4629 10 ppm Max.

Natural Cetane Number D613 48 Min.

Gravity API D287 33-39
Viscosity at 40°C, cSt D445 2.0 - 4.1
Flash Point, °C D93 54 Min.

Distillation, °C D86 (340-420 °F)
Initial Boiling Point 171-216 (400- 490 °F)
10% Recovered 204-254 (470 - 560 °F)
50% Recovered 243-293 (550 - 610 °F)
90% Recovered 288-321 (580 - 660 °F)
End Point 304-349
Detailed Requirements for Diesel Fuel Oils² (Continued) *SFC (D5186) now approved by CARB as an alternative.

The City uses Series 60 engines. Therefore, Diesel #2 must meet the standards set out in Table 2 on the next page plus Cloud Point # 10°F (6°C) Below the lowest expected fuel temperature per ASTM Test D2500.

Appendix A
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Item9.

General Fuel Classification
ASTM
Test
No. 1
ASTM 1-D
No. 2
ASTM 2-D
Gravity, ° AP1# D287 40 - 44 33 - 37
Flash Point Min. °F (°C) D93 100 (38) 125 (52)
Viscosity, Kinematic, cSt @ 100 °F (40 °C) D445 1.3 - 2.4 1.9 - 4.1 Cloud Point °F # D2500 See Note 1 See Note 1
Sulfur Content wt %. Max D129 0.5 0.5
Carbon Residue on 10%, wt%. Max. D524 0.15 0.35
Accerlated Stability, Total Insolubles, mg/100
ml. Max.#
D2274 1.5 1.5
Ash, wt%, Max. D482 0.01 0.01
Cetane Number, Min. + D613 45 45
Distillation Temperature, °F (°C)
IBP, Typical #
10% Typical #
50% Typical #
90% +
End Point #
D86
350 (177)
385 (196)
425 (218)
500 (260) Max.
550 (288) Max.
375 (191)
430 (221)
510 (256)
625 (329) Max.
675 (357) Max.

Water & Sediment %, Max. D1796 0.05 0.05
Fuel Oil Selection Chart
# = Not Specified in ASTM D975
= + Differs from ASTM D975
Note 1: The cloud point should be 10° F (6°C) below the lowest expected fuel temperature to prevent clogging at fuel filters by crystals.

Note 2: When prolonged idling periods or cold weather conditions below 32°F (0°) are encountered, the use of 1-D fuel is recommended. Number 1-D fuels should also be considered when operationg continuously at altitudes above 5,000 ft.

Appendix A
Resolution No. 2023-92
Exhibit "A"

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120
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fire-Rescue

2. Name and address of facility
City of San Diego Fire-Rescue Headquarters
Attn: Fiscal Services MS604
1010 Second Ave Suite 400
San Diego, CA 92101-4912

3. Contact Information
Amanda Santillan 858-573-1363
Carmen Camou 619-533-4358

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Truck/Trailer
b. Delivery specifications
Weekdays
c. Tank(s)
1) Number of tanks
Fire Rescue has 49 fuel pumps
2) Size of tank (in gallons)
Station Generators are 125 gal. capacity
Fuel Pumps are 1000 gal capacity.
3) Fire station tank and generator locations are as follows:

Location Generator Fuel Pump
Station 1
1222 First Ave., San Diego, CA 92101
Yes Yes
Station 2
875 West Cedar Street, San Diego, CA 92101
Yes No
Station 3
725 W. Kalmia St., San Diego, CA 92103
Yes Yes
Station 4
404 Eighth Ave., San Diego, CA 92101
Yes Yes
Station 5
3902 Ninth Ave., San Diego, CA 92103
Yes Yes
Station 6
693 Twining Ave., San Diego, CA 92154
Yes Yes
Station 7
944 Cesar E Chavez Pkwy., San Diego, CA 92113
Yes Yes
Station 8
3974 Goldfinch St., San Diego, CA 92103
Yes Yes
Station 9
7870 Ardath Lane, San Diego, CA 92037
Yes Yes
Resolution No. 2023-92
Exhibit "A"

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121
Item9.

Appendix B
Addendum D
August 1st, 2018
Location Generator Fuel Pump
Station 10
4605 62nd St., San Diego, CA 92115
Yes Yes
Station 11
945 25th St., San Diego, CA 92102
Yes Yes
Station 12
4964 Imperial Ave., San Diego, CA 92102
Yes Yes
Station 13
809 Nautilus Ave., San Diego, CA 92037
Yes Yes
Station 14
4011 32nd St., San Diego, CA 92104
Yes Yes
Station 15
4711 Voltaire St., San Diego, CA 92107
Yes Yes
Station 16
2110 Via Casa Alta, San Diego, CA 92037
Yes Yes
Station 17
4206 Chamoune Ave., San Diego, CA 92115
Yes Yes
Station 18
4676 Felton St., San Diego, CA 92116
Yes Yes
Station 19
3434 Oceanview Blvd., San Diego, CA 92113
Yes Yes
Station 20
3305 Kemper Blvd., San Diego, CA 92110
Yes Yes
Station 21
750 Grand Ave., San Diego, CA 92109
Yes Yes
Station 22
1055 Catalina Blvd., San Diego, CA 92106
Yes Yes
Station 23
2190 Comstock St., San Diego, CA 92111
Yes Yes
Station 24
13077 Hartfield, San Diego, CA 92130
Yes Yes
Station 25
1972 Chicago St., San Diego, CA 92110
Yes Yes
Station 26
2850 54th St., San Diego, CA 92105
Yes Yes
Station 27
5064 Clairemont Dr., San Diego, CA 92117
Yes Yes
Station 28
3880 Kearny Villa Rd., San Diego, CA 92123
Yes Yes
Station 29
198 W. San Ysidro Blvd., San Diego, CA 92173
Yes Yes
Station 30
2265 Coronado Ave., San Diego, CA 92154
Yes Yes
Station 31
6002 Camino Rico, San Diego, CA 92120
Yes Yes
Station 32
484 Briarwood Rd., San Diego, CA 92114
Yes Yes
Station 33
16966 Bernardo Center Dr., San Diego, CA 92128
Yes Yes
Station 34 Yes Yes
Resolution No. 2023-92
Exhibit "A"

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122
Item9.

Appendix B
Addendum D
August 1st, 2018
Location Generator Fuel Pump
6565 Cowles Mtn Blvd., San Diego, CA 92119
Station 35
4285 Eastgate Mall, San Diego, CA 92122
Yes Yes
Station 36
5855 Chateau Dr., San Diego, CA 92117
Yes Yes
Station 37
11640 Spring Canyon Rd., San Diego, CA 92131
Yes Yes
Station 38
8441 New Salem St., San Diego, CA 92126
Yes Yes
Station 39
4949 La Cuenta Dr., San Diego, CA 92124
Yes Yes
Station 40
13393 Salmon River Rd., San Diego, CA 92129
Yes Yes
Station 41
4914 Carroll Canyon Rd., San Diego, CA 92121
Yes Yes
Station 42
12110 World Trade Dr., San Diego, CA 92128
Yes Yes
Station 43
1590 La Media Rd., San Diego, CA 92154
Yes Yes
Station 44
10011 Black Mtn Rd., San Diego, CA 92126
Yes Yes
Station 46
14556 Lazanja Dr., San Diego, CA 92127
Yes Yes
Station 47
6041 Edgewood Bend Ct., San Diego, CA 92130
Yes Yes
FCC
3750 Kearny Villa Rd., San Diego, CA 92123
Yes Yes
Repair Facility
3870 Kearny Villa Rd., San Diego, CA 92123
Yes Yes

5. Fuel
a. Fuel type: Diesel
b. Estimated annual quantity: SDFD = 510,299 gallons
c. Fuel specifications: Ultra Low Sulfur Diesel fuel which meets with the State of California requirements.

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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123
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fire-Rescue, Lifeguard Division

2. Name and address of facility
Lifeguard Head Quarters, 2581 Quivira Ct., San Diego CA 92109

3. Contact information
(619) 221-8899

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Truck
b. Delivery specifications
Weekdays-as requested
c. Number of tanks
One
d. Tank(s)
1) Number of tanks
One above ground
2) Size of tank (in gallons)
4,000 gallons

5. Fuel
a. Fuel type
Unleaded Regular
b. Estimated annual quantity
16,438 gallons
c. Fuel specifications: Unleaded Regular

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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124
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Public Utilities Dept./WWT&D

2. Name and address of facility
Pump Station 2
4077 N. Harbor Dr.

San Diego, CA. 92101

3. Contact information
Steven Hiczewski 619-221-8748
Richard Snow, Richard 619-221-8321

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Truck
b. Delivery specifications
Low sulfur diesel fuel No.2
c. Number of tanks
One
d. Tank(s)
1) Number of tanks
3 2) Size of tanks (in gallons)
2 x 1000 gallon and 1 x 400 gallons

5. Fuel
a. Fuel type
Ultra low sulfur diesel #2
b. Estimated annual quantity
100 gallons

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: None
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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125
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Public Utilities Dept./WWT&D

2. Name and address of facility
Gas Utilization Facility, Point Loma Wastewater Treatment Plant

3. Contact information
Steven Hiczewski 619-221-8748
Richard Snow, Richard 619-221-8321

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Truck
b. Delivery specifications
Low sulfur diesel fuel No.2
c. Number of tanks
One
d. Tank(s)
1) Number of tanks
One double walled tank
2) Size of tank (in gallons)
4,000 gallons

5. Fuel
a. Fuel type
Ultra low sulfur Diesel #2
b. Estimated annual quantity
200 gallons

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: No
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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126
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Public Utilities Dept./WWT&D

2. Name and address of facility
Grove Avenue Pump Station
2484 Grove Ave.

San Diego Ca. 92154

3. Contact information
Steve Hiczewski, (619) 221-8748

5. Fuel
a. Fuel type
Ultra low sulfur diesel #2
b. Estimated annual quantity
120 gallons

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: No
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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127
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Public Utilities Dept./WWT&D

2. Name and address of facility
Point Loma Wastewater Treatment Plant
1902 Gatchell Rd.

San Diego, CA 92106

3. Contact information
Ted Taylor, Ken Goebel

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Truck
b. Delivery specifications
c. Tank(s)
1) Number of tanks: three unleaded and two diesel.
2) Size of tank (in gallons)
55 gallons each.

5. Fuel
a. Fuel type:

Regular Unleaded and ULS Diesel #2
b. Estimated annual quantity
120 gallons Regular Unleaded
120 gallons ULS Diesel

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: No
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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128
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Public Utilities Dept./WWT&D

2. Name and address of facility
Metropolitan Operations Center
9192 Topaz Way.

San Diego Ca. 92123

3. Contact information
Albert Molina, (858)614-4569

5. Fuel
a. Fuel type
Ultra low sulfur diesel #2
b. Estimated annual quantity
120 gallons

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Unknown
Does current fuel provider manage inventory on tanks? Unknown Resolution No. 2023-92
Exhibit "A"

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129
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Public Utilities Dept./WWT&D

2. Name and address of facility
Otay River Pump Station
1800Boundery Ave.

San Diego CA 92154

3. Contact information
Steve Hiczewski, (619) 221-8748

5. Fuel
a. Fuel type
Ultra low sulfur Diesel #2
b. Estimated annual quantity
120 gallons

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: No
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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130
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Public Utilities Dept./WWT&D

2. Name and address of facility
South Bay Water Reclamation Plant
2411 Dairy Mart Rd.

San Diego Ca. 92154

3. Contact information
Shawn Lee, (619) 692-4977

5. Fuel
a. Fuel type
Ultra low sulfur Diesel #2
b. Estimated annual quantity
120 gallons

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Emerson System
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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131
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Chollas Operations Yard
2740 Caminito Chollas
San Diego, CA 92105

3. Contact information
Days-Juan Romero 619-527-7617
Nights—Brian Hobbs 619-527-7617

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/wagon
b. Delivery specifications
c. Number of tanks
Five (5)
d. Tank(s)
1) Number of tanks
2 Regular Unleaded
3 Renewable Diesel
2) Size of tank (in gallons)
Unleaded—20,000 gallons each (1 is high speed tank)
Diesel—two @ 20,000 gallons each (1 is high speed tank), 1 @ 10,000 gallons

5. Fuel
a. Fuel type
Regular Unleaded and Renewable Diesel.
b. Estimated annual quantity
Approx. 349,000 gallons regular unleaded and 578,000 gallons Renewable Diesel

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No

Resolution No. 2023-92
Exhibit "A"

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132
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Central Operations Yard
1210 Caminito Centro
San Diego, CA 92102

3. Contact information
Fredy Cletus 619-527-6000

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/Wagon
b. Delivery specifications
Un-manned Site
c. Number of tanks
Two (2)
d. Tank(s)
1) Number of tanks
1 Unleaded, 1 Renewable Diesel
2) Size of tank (in gallons)
20,000 gallons each

5. Fuel
a. Fuel type
Regular Unleaded and Renewable Diesel.
b. Estimated annual quantity
Approx. 287,000 gallons regular unleaded and 116,000 gallons Renewable Diesel

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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133
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Rose Canyon Operations Yard
3775 Morena Blvd
San Diego, CA 92117

3. Contact Information
Days –Greg Edwards 858-581-7817
Nights – Joe Gasca 858-581-7817

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/Wagon
b. Number of tanks
Two (2)
c. Tank(s)
1) Number of tanks
1 Unleaded, 1 Renewable Diesel
2) Size of tank (in gallons)
20,000 gallons each

5. Fuel
a. Fuel type
Regular Unleaded and Renewable Diesel
b. Estimated annual quantity
Approx. 185,000 gallons unleaded and 161,000 gallons Renewable Diesel

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No

Resolution No. 2023-92
Exhibit "A"

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134
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Miramar Landfill (Mini Ops)
5180 Convoy Street
San Diego, CA 92111

3. Contact information
Michael Dunn 858-492-6155

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/Wagon
b. Delivery specifications
6:30am-4:00pm
c. Number of tanks
Two
d. Tank(s)
1) Number of tanks
1 Renewable diesel and 1 Renewable red dye diesel
2) Size of tank (in gallons)
10,000 gallons each

5. Fuel
a. Fuel type
Renewable diesel
b. Estimated annual quantity
Approx. 747,000 gallons Renewable Diesel

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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135
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Miramar Place Operations Yard
8353 Miramar Place
San Diego, CA 92121

3. Contact information
Days – Devon Whitney 858-526-2349
Nights – Ricky Riojas 858-526-2003

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/Wagon
b. Number of tanks
Three (3)
c. Tank(s)
1) Number of tanks
1 Unleaded
2 Renewable Diesel
2) Size of tank (in gallons)
Unleaded – 12,000 gallons
Renewable Diesel – 15,000 gallons each

5. Fuel
a. Fuel type
Regular Unleaded, Renewable Diesel
b. Estimated annual quantity
Approx. 19,400 gallons regular unleaded, 529,000 gallons Renewable Diesel

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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136
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Northern Police
4275 Eastgate Mall
San Diego, CA 92037

3. Contact information
Mike French 619-692-4840

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/Wagon
b. Delivery specifications
5:30am-12:00am
c. Number of tanks
Two (2)
d. Tank(s)
1) Number of tanks
2 Unleaded
2) Size of tank (in gallons)
12,000 gallons each

5. Fuel
a. Fuel type
Regular Unleaded.
b. Estimated annual quantity
Approx. 138,000 gallons unleaded

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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137
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Northeastern Police
13396 Salmon River Road
San Diego, CA 92129

3. Contact information
Mike French 619-692-4840

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/Wagon
b. Delivery specifications
5:30am-11:30am
c. Number of tanks
Two (2)
d. Tank(s)
1) Number of tanks
Two unleaded
2) Size of tank (in gallons)
10,000 gallons each

5. Fuel
a. Fuel type
Regular Unleaded.
b. Estimated annual quantity
Approx. 128,000 gallons unleaded

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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138
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Eastern Police
9225 Aero Drive
San Diego, CA 92123

3. Contact information
Mike French 619-692-4840

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/Wagon
b. Delivery specifications
5:30am-11:30am
c. Number of tanks
Two
d. Tank(s)
1) Number of tanks
2 Unleaded
2) Size of tank (in gallons)
10,000 gallons each

5. Fuel
a. Fuel type
Regular Unleaded.
b. Estimated annual quantity
Approx. 221,000 gallons unleaded

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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139
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Southeastern Police
7222 Skyline Drive
San Diego, CA 92114

3. Contact information
Mike French 619-692-4840

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/Wagon
b. Delivery specifications
5:30am-11:30pm
c. Number of tanks
Two (2)
d. Tank(s)

1. Number of tanks
2 Unleaded

2. Size of tank (in gallons)
12,000 gallons each

5. Fuel
a. Fuel type
Regular Unleaded.
b. Estimated annual quantity
Approx. 107,000 gallons unleaded

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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140
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Central Police
3940 Federal Blvd
San Diego, CA 92102

3. Contact information
Freddy Cletus 619-527-6000

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/Wagon
b. Delivery specifications
5:30am-12:00am
c. Number of tanks
One (1)
d. Tank(s)
1) Number of tanks
1 Unleaded
2) Size of tank (in gallons)
12,000 gallons each

5. Fuel
a. Fuel type
Regular Unleaded
b. Estimated annual quantity
Approx. 322,000 gallons unleaded

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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141
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Western Police
5215 Gaines Street
San Diego, CA 92110

3. Contact information
Mike French 619-692-4840

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/Wagon
b. Delivery specifications
5:30am-11:30pm
c. Tank(s)
1) Number of tanks
2 Unleaded
2) Size of tank (in gallons)
10,000 gallons each

5. Fuel
a. Fuel type
Regular Unleaded
b. Estimated annual quantity
Approx. 155,000 gallons unleaded

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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142
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Southern Police
1120 27th Street
San Diego, CA 92154

3. Contact information
Mike French 619-692-4840

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/Wagon
b. Delivery specifications
5:30am-11:00pm
c. Number of tanks
Two (2)
d. Tank(s)
1) Number of tanks
2 Unleaded
2) Size of tank (in gallons)
10,000 gallons each

5. Fuel
a. Fuel type
Regular Unleaded
b. Estimated annual quantity
Approx. 95,000 gallons unleaded

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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143
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Mid-City Police
4310 Landis Street
San Diego, CA 92105

3. Contact information
Freddy Cletus 619-527-6000

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/Wagon
b. Delivery specifications
5:30am-11:30pm
c. Number of tanks
Two (2)
d. Tank(s)
1) Number of tanks
2 Unleaded
2) Size of tank (in gallons)
10,000 gallons each

5. Fuel
a. Fuel type
Regular Unleaded
b. Estimated annual quantity
Approx. 104,000 gallons unleaded

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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144
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Northwestern Police
12610 El Camino Real
San Diego, CA 92137

3. Contact information

4. Mike French 619-692-4840

5. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/Wagon
b. Delivery specifications
5:30am-11:00pm
c. Number of tanks
One (1)
d. Tank(s)
1) Number of tanks
1 Unleaded
2) Size of tank (in gallons)
20,000 gallons

6. Fuel
a. Fuel type
Regular Unleaded.
b. Estimated annual quantity
Approx. 64,000 gallons unleaded

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: Veeder Root
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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145
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Fire Repair Facility
3870 Kearny Villa Road
San Diego, CA 92123

3. Contact information
Devon Whitney 858-526-2349

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Tank/Wagon
b. Number of tanks
One (1)
c. Tank(s)
1) Number of tanks
1 Unleaded
2) Size of tank (in gallons)
1,000 gallons

5. Fuel
a. Fuel type
Regular Unleaded
b. Estimated annual quantity
Approx. 28,000 gallons unleaded

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: No
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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146
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
Mission Bay Golf Course
2702 N. Mission Bay Dr.

San Diego, CA 92109

3. Contact information
Peggy Furtado (858) 581-7887

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Bob Tail
b. Delivery specifications
5:30am-2:30pm
c. Tank(s)

1. Number of tanks
1 Unleaded, 1 B5 Diesel

2. Size of tank (in gallons)
750 gallons each

5. Fuel
a. Fuel type
Regular Unleaded, B5 Bio Diesel.
b. Estimated annual quantity
Approx. 1,569 gallons unleaded; 1,126 B5 Bio Diesel

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: No
Does current fuel provider manage inventory on tanks? Yes-top off plan Resolution No. 2023-92
Exhibit "A"

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147
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego, Parks & Recreation, Golf Operations Division

2. Name and address of facility
Torrey Pines Golf Course
11480 N. Torrey Pines Rd.

La Jolla, CA 92037

3. Contact information
Peggy Furtado (858) 581-7887

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Bob Tail
b. Delivery specifications
5:30am-2:30pm
c. Tank(s)

1. Number of tanks
1 Unleaded, 1 B5 Diesel

2. Size of tank (in gallons)
1000 gallons each

5. Fuel
a. Fuel type
Regular Unleaded, B5 Bio Diesel.
b. Estimated annual quantity
Approx. 12,579 gallons unleaded; 11,827 B5 Bio Diesel

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: No
Does current fuel provider manage inventory on tanks? Yes-top off plan Resolution No. 2023-92
Exhibit "A"

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148
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS
1 Name of Department
City of San Diego, Parks & Recreation, Golf Operations Division 2 Name and address of facility
Balboa Park Golf Course
2600 Golf Course Drive
San Diego, CA 92102
3 Contact information
Peggy Furtado (858) 581-7887
4 Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Bob Tail
b. Delivery specifications
5:30am-1:00pm
c. Tank(s)

1. Number of tanks
1 Unleaded, 1 B5 Diesel

2. Size of tank (in gallons)

1. Unleaded = 240 gallons

2. Diesel = 480 gallons
5 Fuel
a. Fuel type
Regular Unleaded, B5 Bio Diesel.
b. Estimated annual quantity
Approx. 1,216 gallons unleaded; 1,413 B5 Diesel

6. Additional Information
Current Fuel Provider: SOCO
Resolution No. 2023-92
Exhibit "A"

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149
Item9.

Appendix B
Addendum D
August 1st, 2018
Tank Monitoring Equipment: No
Does current fuel provider manage inventory on tanks? Yes-top off plan.

Resolution No. 2023-92
Exhibit "A"

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150
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego Fleet Operations

2. Name and address of facility
SDCCU (Qualcomm) Stadium
9449 Friars Road
San Diego, CA 92108

3. Contact information
Bobby Slabe
[email protected] / (619)641-3111

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Bob Tail
b. Delivery specifications
7:00am-3:30pm
c. Number of tanks
Two (2)
d. Tank(s)

1. Number of tanks
1 Unleaded, 1 ultra-low sulfur Diesel

2. Size of tank (in gallons)
500 gallons unleaded / 1000 gallons diesel

5. Fuel
a. Fuel type
Unleaded, ultra-low sulfur Diesel
b. Estimated annual quantity
Approx. 1,630 gallons unleaded; 1,760 ultra-low sulfur Diesel Resolution No. 2023-92
Exhibit "A"

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151
Item9.

Appendix B
Addendum D
August 1st, 2018

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: No
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

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152
Item9.

Appendix B
Addendum D
August 1st, 2018

AGENCY DETAILS

1. Name of Department
City of San Diego, Park & Recreation, Community Parks II

2. Name and address of facility
Mt. Hope Cemetery
3751 Market St.

San Diego, CA 92102

3. Contact information
David Noriega (619) 527-3402

4. Delivery
a. Delivery type (e.g. tank/wagon or truck/trailer)
Bob Tail
b. Delivery specifications
7:00am-3:30pm
c. Number of tanks
Two (2)
d. Tank(s)

1. Number of tanks
1 Unleaded, 1 ultra-low sulfur Diesel

2. Size of tank (in gallons)
500 gallons each

5. Fuel
a. Fuel type
Regular Unleaded, ultra-low sulfur Diesel
b. Estimated annual quantity
Approx. 1,760 gallons unleaded; 1,410 ultra-low sulfur Diesel Resolution No. 2023-92
Exhibit "A"

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153
Item9.

Appendix B
Addendum D
August 1st, 2018

6. Additional Information
Current Fuel Provider: SOCO
Tank Monitoring Equipment: No
Does current fuel provider manage inventory on tanks? No Resolution No. 2023-92
Exhibit "A"

Page 91 of 187 ends

Escondido City CouncilJuly 19, 2023

Escondido City Council
July 19, 2023