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1 of the C alifornia Labor Code. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
24. Immigration Reform and Control Act of 1986. CONSULTANT shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONSULTANT represents and warrants that all of its employees and the employees of any subcontractor retained by CONSULTANT who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONSULTANT affirms that as a licensed contractor and e mployer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Services. CONSULTANT agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.
25. CONSTRUCTION MEANS. Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures of construction contractors, or the safety precautions and programs incident thereto, and shall not be responsible for such contractors’ failure to perform work in accordance with the contract documents.
26. ESTIMATES. Any estimates provided for cost of construction, financing, and acquisition of land and rights-of-way shall be made in accordance with good engineering practice and procedure. It is understood, however, that Consultant has no control over construct ion costs, competitive bidding and market conditions, nor over costs of financing, acquisition of land or rights -of-way, and Consultant does not guarantee the accuracy of such cost estimates as compared to actual cost or contractors’ bids.
27. WAIVER OF CONSEQUENTIAL DAMAGES. In no event shall either Consultant or the City have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages or any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.
28. FORCE MAJEURE. In no event shall either Party have any claim or right against the other for any failure of performance where such failure of performance is caused by or is the res ult of causes beyond the reasonable control of the other party due to any occurrence commonly known as a “force majeure,” including, but not limited to: acts of God; fire, flood, or other natural catastrophe; acts of any governmental body; labor dispute or shortage; national emergency; insurrection; riot; or war.
29. The Parties acknowledge that Hazard Mitigation Grant Program (“HMGP”) funds administered by the Federal Emergency Management Agency (“Federal Awarding Agency”) will be used to fund all or a portion of this Agreement. The CONSULTANT shall comply with all applicable federal laws, regulations, executive orders, policies, procedures, and directives relating to such federal funds.
30. Equal Employment Opportunity . During the performance of this Agreement, the CONSULTANT agrees as follows:
a. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national ori gin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion , sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for Resolution No. 2024-84
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training, including apprentic eship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The CONSULTANT will, in all solicitations or advertiseme nts for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or app licant.
This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conduc ted by the employer, or is consistent with the CONSULTANT's legal duty to furnish information.
d. The CONSULTANT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding , a notice to be provided advising the said labor union or workers' representatives of the CONSULTANT's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. f. The CONSULTANT will furnish all information and reports required by Executive Orde r 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investiga tion to ascertain compliance with such rules, regulations, and orders.
g. In the event of the CONSULTANT’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CONSULTANT may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1 965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h. The CONSULTANT will include the portion of the sentence immediately preceding subpart a of this section and the provisions of subparts a through h in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administe ring agency, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
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The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employm ent practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of CONSULTANTs and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The appli cant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a CONSULTANT debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon CONSULTANTs and subcontractors by the administering agency or th e Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, term inate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
31. Compliance with the Davis-Bacon Act.
a. All transactions regarding this Agreement shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141 - 3144, and 3146 -3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The CONSULTANT shall comply with 40 U.S.C. 3141 -3144, and 3146 -3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
b. CONSULTANTs are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c. Additionally, CONSULTANTs are required to pay wages not less than once a week
32. Compliance with the Copeland “Anti-Kickback” Act.
a. CONSULTANT. The CONSULTANT shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Agreement.
b. Subcontracts. The CONSULTANT and any subcontractors shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONSULTANT shall be resp onsible for the compliance by any subcontractors or lower tier subcontractors with all of these contract clauses. c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a CONSULTANT and subcontractors as provided in 29 C.F.R. § 5.12.
33. Clean Air Act. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. CONSULTANT agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report Resolution No. 2024-84
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each violation as required to assure notification to the Federal Awarding Agency, and the appropriate Environmental Protection Agency Regional Office. CONSULTANT agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the Federal Awarding Agency.
34. Federal Water Pollution Control Act. CONSULTANT agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONSULTANT agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Awarding Agency, and the appropriate Environmental Protection Agency Regional Office.
CONSULTANT agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the Federal Awarding Agency.
35. Debarment and Suspension.
a. This Agreement is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, CONSULTANT is required to verify that none of CONSULTANT’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are exclude d (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). b. CONSULTANT shall comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C, and must include a requirement to comply with these regulations in any lower t ier covered transaction CONSULTANT enters into.
c. This certification is a material representation of fact relied upon by the CITY. If it is later determined that CONSULTANT did not comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R.
Part 3000, Subpart C, in addition to remedies available to the CITY, the federal government may pursue available remedies, including but not limited to suspension and/or debarment. d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
36. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). a. Prior to entering into this Agreement, CONSULTANT shall file the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended)). Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an emp loyee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the Federal Awarding Agency.
b. Required Certification. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with a completed Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying. A blank Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying is attached to this Agreement as Attachment “C” and incorporated herein by this reference.
37. Procurement of Recovered Materials. In the performance of this Agreement, CONSULTANT shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired (1) competitively within a timeframe providing for compliance with the Agreement’s performance schedule, (2) meeting Agreement performance requirements, or (3) at a reasonable price. Information about this requirement, along with the list of EPA-designated Resolution No. 2024-84
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items, is available at EPA’s Comprehensive Procurement Guidelines website, located at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. CONSULTANT shall also comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
38. Access to Records . The following access to records requirements apply to this Agreement: (1) CONSULTANT agrees to provide the CITY, the Federal Awarding Agency Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of CONSULTANT that are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.
CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. CONSULTANT agrees to provide the Federal Awarding Agency Administrator or their authorized representatives access to construction or other work sites pertaining to the work being completed under this Agreement. In compliance with the Disaster Recovery Act of 2018, the CITY and CONSULTANT acknowledge and agree that no language in this Agreement is intended to prohibit audits or internal reviews by the Federal Awarding Agency Administrator or the Comptroller General of the United States.
39. Federal Awarding Agency Seal , Logo, and Flags . CONSULTANT shall not use the Federal Awarding Agency seal(s), logos, crests, or reproductions of flags or likenesses of Federal Awarding Agency officials without specific Federal Awarding Agency pre-approval.
40. No Obligation by Federal Government. The United States Federal Government is not a party to this Agreement and is not subject to any obligations or Agreement to the CITY, CONSULTANT, or any other party pertaining to any matter resulting from this Agreement.
41. Program Fraud and False or Fraudulent Statements or Related Acts. CONSULTANT acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to CONSULTANT’s actions pertaining to this Agreement.
42. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.
(SIGNATURE PAGE FOLLOWS)
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IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:
CITY OF ESCONDIDO
Date: __________________ ___________________________________ Dane White, Mayor
MICHAEL BAKER INTERNATIONAL, INC.
Date: __________________ ___________________________________ Signature
___________________________________
Name & Title (please print)
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY: __________________________
DATE: __________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.
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ATTACHMENT “A”
Scope of Work
A. General
Michael Baker International, Inc., a Pennsylvania Corporation (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with consulting services related to th e East Valley Parkway and Midway Drive Drainage Improvement Project (“Project”).
B. Location
Consultant to provide services in relation to the City’s drainage improvements along East Lincoln Avenue, North Midway Drive, South Midway Drive, East Mission Avenue, East Washington Avenue, Begonia Street, North Citrus Avenue, East Grand Avenue, and North Rose Street in Escondido, CA 92027.
C. Services
Engineering services shall generally include but shall not be limited to:
1. Prepare a hydrologic study of the Maywood Wash, Citrus Wash and South Midway Wash drainage areas for a 50-year and 100-year storm event.
2. Prepare a hydraulic analysis to evaluate the flow capacity of the existing storm drains in these three washes and determine the most efficient and cost-effective method to improve drainage facilities to collect and convey the 100-year frequency storm event downstream to the Escondido Creek channel.
3. Incorporate stormwater Best Management Practices (BMPs) (i.e. tree wells, vegetated swales, and bioretention planters along curb cuts) to encourage infiltration and natural treatment of stormwater runoff.
4. Prepare and Submit a CLOMR and LOMR to FEMA for the proposed changes to flood hazard area.
5. Provide engineering drawings showing the proposed improvements.
6. Provide front end documents and technical specifications and special provisions using the Greenbook format and considering the City’s Standard General Conditions.
7. Prepare engineer’s estimates for construction time and cost for the contractor to construct and close out the Project.
8. Perform a benefit-cost analysis (BCA) using the FEMA BCA Calculator for each construction cost estimate.
9. Submit design plans to utility companies and identify potential conflicts with existing utilities.
Coordinate relocations with utility owners as needed to accommodate the Project.
10. Prepare all required documentation and technical studies for CEQA approval and any other environmental requirements applicable to the Project. Obtain any permits from USACOE and SWRCB as necessary to access the concrete-lined channel for the reconstruction of outfall structures.
Tasks
Task 1. Project Management:
The Consultant will be responsible for Project management activities throughout the life of the contract including managing the Project schedule, setting up meetings, field reviews, and managing the Project team. The Consultant will include an appropriate number of meetings with City staff. The Consultant shall schedule a kickoff meeting with City staff to clarify Project design ob jectives. The Consultant may be required to attend a City Council meeting. Expected deliverables include monthly progress reports, schedule updates, meeting agendas, minutes, monthly billing, and any materials required to present during meetings with the C ity and other agencies/entities impacted by the Project.
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Task 2. Project Drainage Study and Water Quality Compliance:
The Consultant will perform a hydrologic and hydraulic analysis for the Maywood Wash, Citrus Wash and South Midway Wash drainage areas. Hydrology and hydraulic computations will be developed in conformance with Escondido Design Standards and the San Diego County Hydrology Manual.
The results of the hydraulic analysis will be used to support floodplain map revisions and shall be developed using a method acceptable to FEMA. The Escondido Creek acts as the downstream hydraulic control for the Project drainage areas, the Consultant will recommend the extent of hydraulic analysis needed for the concrete-lined channel based on their understanding of FEMA’s risk mapping guidelines. The Consultant will submit technical memorandums summarizing the basin delineation, methodology, assumptions, input, and results of the hydrologic and hydraulic analyses for the City’s review. The Consultant will meet with the City to review the results of these analyses and be prepared to make revisions based on the City’s comments.
The Consultant will submit a CLOMR application to FEMA for the proposed changes to flood hazard area and confirm that the Project meets the minimum floodplain management criteria. Once the Project is completed, the Consultant will submit a Letter of Map Revision (LOMR) request to FEMA to revise the FIRM SFHAs.
The Consultant will work with City staff to agree upon the appropriate and justifi able classification for the Project (i.e. Standard Project, Priority Development Project (PDP), PDP Exempt) and prepare required documentation.
Task 3. Environmental Approval and Permitting:
The Consultant will determine the appropriate level of CEQA co mpliance documentation and prepare all required documentation and technical studies to obtain CEQA approval. CEQA finding will be submitted to FEMA for reference during their NEPA process. If the Consultant determines that the Project qualifies for a categorical exemption under CEQA, a Notice of Exemption form will be prepared with a memo summarizing the cultural and archeological resources considered during the CEQA review. The Consultant should be prepared to assist the City with responding to questions from FEMA during their NEPA review and attending FEMA site visits.
The Consultant will obtain any permits from USACOE and SWRCB as necessary to access the concrete-lined channel for the reconstruction of outfall structures.
Task 4. Plans, Specifications, Schedule Estimate, and Cost Estimate:
Consultant will prepare Project plans, specifications, construction schedule estimate and engineer’s estimate of probable construction costs.
▪ Plans will include but not be limited to: Title Sheet, General Plan/Notes Sheet(s), Plan and Profile Sheets, Detail Sheets, Landscaping and Irrigation Sheets, and Water Pollution Control Sheets. Plan sets will be submitted at 30%, 60%, 90%, and 100% levels of completion. The 30% design submittal will also include the horizontal alignment of the proposed storm drain system improvements, considering the horizontal alignment of existing underground utilities and right-of-way constraints. The 60% design submittal will include storm drain profiles and mapping of existing utility elevations. After all comments have been addressed at 100% submittal stage, final drawings will be signed by the engineers of record and submitted to the City. The City will require two w eeks review time at each submittal stage. The City’s review comments will be addressed following each submittal.
▪ Project Specifications and Bid Documents will include the detailed Project description, preparation of bid schedules, bid item descriptions, pa yment methods, special provisions, and any specification detail sheets or standard plans to support the plans.
Provide front end documents and technical specifications and special provisions using the Greenbook format and considering the City’s Standard G eneral Conditions.
The front-end documents should be developed using the City’s latest approved front- Resolution No. 2024-84
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end template and modified specifically for this Project. The Consultant will include a draft Storm Water Pollution Prevention Plan (SWPPP), prepared in accordance with the current Construction Storm Water Permit, as part of the construction bid documents.
Specifications and bid item lists shall be submitted for review at the 60%, 90%, and 100% complete submittal stage. After all comments have been addressed at 100% submittal stage, then Final technical specifications and special provisions will be signed by the engineers of record and submitted to the City. The City will require two weeks review time at each submittal stage. The specifications should be submitted at the same time as the respective plan set percentage levels.
o Construction Schedule will include a written summary of the Consultant’s analysis of the required time to complete construction activities for the entire Project through final inspection and acceptance. During the preparation of the Construction Schedule, the Consultant should consider the possibility of phasing construction for the benefit of vehicle, bike and pedestrian traffic in and around the Project area. This estimate will be used to identify the allowed number of working days for the contractor during construction and will support th e City’s budgeting and scheduling efforts.
▪ Engineer’s Estimate of Probable Construction Cost should identify appropriate bid items and quantities. Estimates for construction cost will be submitted for review at the 30%, 60%, 90% and 100% complete submitta l stage. The City will require two weeks review time at each submittal stage. The construction cost estimate should be submitted at the same time as the respective plan set percentage levels listed above. Costs should be based on the historical cost index associated with the identified bid items. Cost estimates should include an appropriate contingency based on the design level. The City anticipates that the cost of constructing the storm drain improvements to be approximately $32 million. ▪ Consultant will s ubmit plans, specifications and estimates (PS&E) and/or other necessary documents to City to obtain approval. All plan submittals besides the Final Submittal shall include 3 bond copies and a searchable electronic PDF copy. The Final Submittal shall include 1 Mylar Set, a searchable electronic PDF copy, and all electronic CADD files. ▪ All approved plans will be provided to the City in 2022 AutoCAD release format, as well as on “D” size Mylar. Specification, schedule and cost estimate and all related bid documents will be provided in Microsoft Word or Excel format and also in searchable PDF format.
Task 5. Benefit-Cost Analysis
The BCA should be submitted at the same time as the respective construction cost estimate as listed in Task 4. The preliminary benefit-cost ratio (BCR) for the Project is 1.29. Additional updates to the BCA shall include:
▪ Determine the First Floor Elevations (FFE) of all residential and commercial buildings within the flood plain to support the damage estimates used in the BCA. According to the FEMA Flood Plain Map, the flood depth resulting from a 100-year event is one foot deep within this highly urbanized area.
▪ Provide cost estimates associated with pre-mitigation damages for additional storm frequency intervals.
▪ Quantify and incorporate expected damages associated with commercial structures and contents, loss of function.
▪ Evaluate opportunities for quantifying additional Project benefits for use in the BCA.
Task 6. Utility Coordination:
The Consultant will obtain record drawings from utility companies, complete a conflict check, resolve conflicts with utility providers and pothole as necessary. The Consultant will distribute the 30% design submittal to the utility companies to begin utili ty conflict checks. Subsequent design submittals will be provided to utility companies for review and comment.
The Consultant will coordinate utility relocations with utility owners as needed to accommodate the proposed storm drain improvements. The Cons ultant will attend the City’s Utility Coordination Resolution No. 2024-84
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meetings to help facilitate development of utility owner relocation designs for utilities in conflict with the Project. The Consultant will review the utility owner relocation plans for conformance with th e Project.
Potholing will be performed using vacuum excavation techniques. The Consultant will prepare an exhibit of the recommended potholing locations for review by the City. Potholing should be sufficient to mitigate the underground utility-related risks associated with the construction of the storm drain improvements.
Task 7. Public Outreach Plan
The Consultant will develop a public outreach and education campaign on the benefits of trees with the goal of encouraging tree acceptance by area residents and fostering active participation in climate resiliency efforts. The outreach plan will include or ganizing community volunteers to plant trees from the green streets natural treatment systems incorporated in the Project design.
Task 8. Bidding and Construction Support (Phase 2):
Consultant will assist the City during the bid and construction phases by responding to RFIs during bidding and construction and providing clarification on its plans and specifications as necessary.
The Consultant will be responsible for the preparation of “As -Built” plans based on changes made during construction, identified by the contractor and resident engineer. The Consultant will also be responsible for to reviewing and commenting on submittals from the contractor. In addition, the Consultant will be responsible for preparing revised plans and specifications, and issuing associated addenda, as needed if the design provided for bidding proves to be insufficient for construction.
The Consultant will perform Qualified SWPPP Practitioner (QSP) services through the duration of construction. QSP services will include monitori ng SWPPP compliance by performing site inspections, SWPPP modifications as required by site conditions, sampling and monitoring as required by the SWPPP, and preparation and upload of all reporting documents related to the Construction General Permit compliance.
The Consultant’s task breakdown has been attached hereto as Exhibit 1 and incorporated herein by this reference. In the event of a conflict between this Agreement and Exhibit 1, the terms of this Agreement shall prevail.
D. Scheduling
Consultant’s proposed Project schedule has been attached hereto as Exhibit 2 and incorporated herein by this reference. In the event of a conflict between this Agreement and Exhibit 2, the terms of this Agreement shall prevail. Inquires related to this Agreement, including scheduling and coordination with City staff shall be directed to Marissa Padilla, Associate Engineer, [email protected], 760-839-4098.
E. Contract Price and Payment Terms
The contract price of this Consulting Agreement shall not exceed $ 3,627,240. Consultant shall submit monthly invoices to the City. Invoices shall describe the work accomplished under each task during the pay period an d detail the hours worked by each staff person. The City shall pay Consultant for invoiced services within 30 days of receipt of a complete and accurate invoice.
Transportation costs and miscellaneous expenses shall not exceed the expenses line item in the proposal.
Consultant’s fee schedule has been attached hereto as Exhibit 3 and incorporated herein by this reference. In the event of a conflict between this Agreement and Exhibit 3, the terms of this Agreement shall prevail.
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F. Term
The term of this Agreement shall be from the Effective Date of this Consulting Agreement through June 30, 2028.
G. Other
Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City entering this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this Project. Consultant’s participation in the planning, discussions, or drawing of Project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this Project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.
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ATTACHMENT “B”
Personnel List
Pursuant to Section 4 of the Agreement, CONSULTANT shall only assign performance of Services to persons listed below:
CONSULTANT shall not add or remove persons from this Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall no t subcontract any component of the Services without obtaining the City’s prior written consent.
Acknowledged by:
Date: __________________ ___________________________________ Tim Thiele, Vice President
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ATTACHMENT “C”
Appendix A, 44 C.F.R. Part 18 – Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or emplo yee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agree ment, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Michael Baker International, Inc. , a Pennsylvania Corporation (“Consultant”), certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Consultant understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
_______________________________________
Signature of Consultant’s Authorized Official
_______________________________________
Name and Title of Consultant’s Authorized Official
____________________
Date
Resolution No. 2024-84
Exhibit "A"
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Item6.
9635 Granite Ridge Drive, Suite 300 | San Diego, CA 92123 Office: 858 614 5000
East Valley Parkway and Midway Drive Drainage
Imp
rovement Project
This scope shall follow the provided Request for Proposal (RFP) for storm drain im
provements within Escondido. Improvements will take place along East Lincoln Avenue, North Midway Drive, South Midway Drive, East Mission Avenue, East Washington Avenue, Begonia Street, North Citrus Avenue, East Grand Avenue, and North Rose Street.
Task 1: Project Management
Michael Baker shall provide project management as stated in the RFP. Approximately fi
fteen (15) meetings are anticipated along with daily correspondence. Meeting agendas, meeting minutes, action items, and updating the project schedule are included in the scope. Invoicing and progress reports will also be prepared monthly.
Study and Water Quality Compliance
Task 2.1: H/H Report
Michael Baker will complete a hydrology and hydraulic study as stated in the RFP. The st
udy will evaluate the existing condition and proposed condition flooded widths and pipe capacity.
Task 2.2: Water Quality Report
Michael Baker will complete a water quality report as stated in the RFP.
Task 2.3: CLOMR
Michael Baker will complete and submit a CLOMR application as stated in the RFP.
Task 2.4: SWPPP
Michael Baker will create a Storm Water Pollution Prevention Plan as stated in the RFP.
Resolution No. 2024-84
Exhibit "A"
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Item6.
Task 3: Environmental Approval and Permitting
Task 3.1: Cultural Resources Assessment and Tribal Consultations To mitigate unanticipated discoveries Michael Baker will conduct a cultural resource a
ssessment and tribal consultation.
Task 3.2: Air Quality and GHG Technical Study
Michael Baker will analyze pollutants, greenhouse gas emissions, and energy usage c
ompared to CEQA requirements.
Task 3.3: Noise and Vibration Technical Study
Michael Baker will conduct a noise and vibration study in neighborhoods and other noise- s
ensitive areas affected by construction.
Task 3.4: Biological Resources Assessment and Jurisdictional D
elineation
Michael Baker will map boundaries of USACE and CDFW jurisdiction conduct a records s
earch of the California Natural Diversity Database.
Task 3.5: CEQA Initial Study and Mitigated Negative Declaration Michael Baker will complete and file the initial CEQA study and prepare all accompanying d
ocuments as stated in the RFP.
Task 3.6: Regulatory Permits – USACE and RWQCB
Michael Baker will prepare permit applications for the USACE and RWQCB.
Resolution No. 2024-84
Exhibit "A"
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Item6.
Ta
sk 4: Plans, Specifications, Schedule Estimate, and Cost Estimate
Task 4.1: Topographic Survey
Michael Baker will complete an assumed 15-day ground topographic survey to supplement th
e aerial survey where more precise information is required. Monuments will be picked up as appropriate where easements are anticipated. Record R/W will be used for the plans when the storm drain improvements are within the back of sidewalk. Within this task a topographic base file will be created using the aerial and topographic survey.
Task 4.2: R/W Mapping
An assumed budget for R/W mapping has been provided and shall be billed as Time and Ma
terials, as the level of effort is uncertain at this time. If additional budget is needed, the consultant shall notify the client. Easement documents, ordering of preliminary title reports, appraisals, and property acquisition are not included in this budget, but can be added if requested.
Task 4.3: Aerial Survey
An aerial survey will be performed to get preliminary topography of the design area.
Task 4.4: Geotechnical Study
Allied will complete a geotechnical study of the design area using all required soil tests.
Task 4.5: 30% Plans
Michael Baker will complete a 30% plan set as stated in the RFP. The plan set will contain Dr
ainage Plan and Profiles, new Catch Basins and laterals, Traffic Control Concepts, Preliminary Landscaping, and Irrigation sheets. Major utility impacts will be identified. The sheet count is anticipated to be 225 sheets.
Resolution No. 2024-84
Exhibit "A"
321
Item6.
Task 4.6, 4.7, 4.8: Design Plans
Michael Baker will complete the 60%, 90%, and 100% plans as stated in the RFP. The sheet c
ount is anticipated to be 225 sheets. The preliminary sheet count is as follows:
• Title Sheet (1)
• General Notes (1)
• Key Plan 1)
• Storm Drain Plan and Profile (52)
• Storm Drain Laterals (20)
• Traffic Control (60)
• ADA/Driveway Details (12)
• Construction Details (12)
• Erosion Control and Details (16)
• Landscaping & Details (25)
• Irrigation & Details (20)
• Misc Plans (5)
Task 4.9: Estimate
Michael Baker will prepare a project construction estimate which will be submitted with the 3 0%, 60%, 90%, and 100% Plans as stated in the RFP.
Task 4.10: Specs
Michael Baker will prepare project technical specifications which will be submitted with the 6 0%, 90%, and 100% Plans as stated in the RFP. It is assumed that the City will provide the front-end specifications. The bid list will be coordinated with the engineer’s estimate.
Task 5: Benefit-Cost Analysis
Michael Baker will perform a construction cost estimate per the RFP using the preliminary b
enefit-cost ratio of 1.29.
Resolution No. 2024-84
Exhibit "A"
322
Item6.
Task 6: Utility Coordination
Task 6.1: Utility Coordination
Michael Baker will obtain record drawings and As-Built information from utility companies.
T
hese will be used to check for utility conflicts as stated in the RFP.
Task 6.2: Utility Potholing
AirX will pothole to locate utilities at possible conflict locations provided by Michael Baker w
ith an estimated 125 potholes. Included within the scope are: utility mark outs, traffic control, permitting, back-filling, and overlay as required by the City of Escondido.
Additionally, AirX will paint existing utilities where appropriate.
Task 7: Public Outreach Plan
Michael Baker and Padilla will create a public outreach and education program as stated in t
he RFP.
Task 8: Bidding and Construction Support
Task 8.1: Bid Support
Michael Baker will provide bid support by responding to RFIs during bidding as stated in t
he RFP. The consultant team shall attend the pre-bid meeting and assist with a presentation to bidders.
Task 8.2: Construction Support
Michael Baker will provide construction support as stated in the RFP for an assumed c
onstruction time of 2.5 years. Budget is for weekly meetings, RFI’s, Submittals. For this scope, it is assumed that the design team will attend about forty (40) meetings and provide plan and bid package clarifications as necessary. Major construction change orders the require re-issuing plans and other bid documents for unforeseen circumstances will be scoped separately, once the level of effort is known.
Resolution No. 2024-84
Exhibit "A"
323
Item6.
Task 8.3: As-Builts
Michale Baker will prepare As-Built plans based on changes made during construction. It is a
ssumed that the contractor will provide redlines and survey of pipes installed.
Task 8.4: Water Quality Monitoring
Michael Baker will provide monitoring of SWPPP compliance as stated in the RFP for an a
ssumed construction time of three (3) years.
Resolution No. 2024-84
Exhibit "A"
324
Item6.
Assumptions Used in Scope Development
• Project is subject to compliance within State of California prevailing wage requirements.
• The City will provide any additional as-built drawings deemed necessary for the project and not previously provided. This information will be used to supplement the field topography as appropriate.
• No resurfacing plans are expected as a part of this project. • The schedule assumes that the City will review the plan submittals in four weeks of the submittal date.
• It is assumed that the City will provide any permitting fees to other agencies (if deemed necessary).
• Design will comply with City of Escondido CADD Standards, Drafting Standards, and Survey Deliverables.
• It is assumed that hazardous materials, historical resources, and historical landmarks will be handled by using the City standard specifications and separate reports are not required.
• No structural engineering is included as a part of this scope of work. Storm Drain Headwalls or minor retaining walls will be designed using standard details. • No electrical, street-light, electrical joint trench, or traffic signal plans are assumed in this scope.
• Construction staking is outside this scope and fee. No survey during construction is included in this design fee.
• Replacing property boundary monuments is not included in this design scope. • Any other services not specifically stated to be included in the scope of work, are not included in this scope of work.
Resolution No. 2024-84
Exhibit "A"
325
Item6.
ID Task Name Duration Start Finish
1 PHASE 1: AWARD & PRELIMINARY ENGINEERING 81 days Mon 7/1/24 Mon 10/21/24 2 Task 1 – Project Administration 1.55 mons Mon 7/1/24 Mon 8/12/24 3 Project Notice to Proceed / Kick off Meeting - City 2 wks Tue 7/2/24 Mon 7/15/24 4 Project Research and Data Collection 4 wks Tue 7/16/24 Mon 8/12/24 5 Task 2 - Field Survey, Utility Mapping and ROW Mapping 50 days Tue 8/13/24 Mon 10/21/24 6 Aerial and Field Survey 10 wks Tue 8/13/24 Mon 10/21/24 7 Utility Research and Mapping 6 wks Tue 8/13/24 Mon 9/23/24 8 Boundary Mapping 4 wks Tue 8/13/24 Mon 9/9/24
9 PHASE 1A: ENVIRONMENTAL
DOCUMENTATION/PERMITTING/RW
170 days Tue 9/24/24 Mon 5/19/25
10 Task 3 - Environmental/Permitting 250 days? Tue 7/16/24 Mon 6/30/25 11 Determination of Permits and Agencies 2 wks Tue 7/16/24 Mon 7/29/24 12 CEQA Research and Investigation 2 wks Tue 7/30/24 Mon 8/12/24 13 Preparation of the Initial Study 6 wks Tue 8/13/24 Mon 9/23/24 14 Preparation of the Public Review IS/MND 9 wks Tue 9/24/24 Mon 11/25/24 15 Public Review and Comment 1 mon Tue 11/26/24 Mon 12/23/24 16 Preparation of the Final IS/MND 6 wks Tue 12/24/24 Mon 2/3/25 17 Coordination and Meetings 20 wks Tue 8/13/24 Mon 12/30/24 18 Regulatory Permitting 10 mons Tue 9/24/24 Mon 6/30/25 19 Task 4 - Potholing 40 days Tue 9/24/24 Mon 11/18/24
20 Potholing 8 wks Tue 9/24/24 Mon 11/18/24
21 Task 5 - Geotechnical Investigation and Analysis 40 days Tue 9/24/24 Mon 11/18/24 22 Geotechnical Field Investigation and Analysis 8 wks Tue 9/24/24 Mon 11/18/24 23 PHASE 1B: HYDROLOGY & HYDRAULICS 80 days Tue 7/16/24 Mon 11/4/24 24 Task 6 – Preliminary H&H and Report 80 days Tue 7/16/24 Mon 11/4/24 25 Local Hydrology 6 wks Tue 7/16/24 Mon 8/26/24
26 Regional Hydrology 4 wks Tue 8/27/24 Mon 9/23/24
27 Hydraulics Analysis 8 wks Tue 8/27/24 Mon 10/21/24
28 Type Selection Report 2 wks Tue 10/22/24 Mon 11/4/24 29 PHASE 1C: 30% PLANS, SPECS, COST ESTIMATE 151 days Tue 7/16/24 Tue 2/11/25 30 Conceptual Design Plan/Recommended Alt 6 wks Tue 7/16/24 Mon 8/26/24 31 Preliminary Design 10 wks Tue 8/27/24 Mon 11/4/24
32 30% Improvement Plans 12 wks Tue 11/5/24 Mon 1/27/25 33 Design Review Meeting 1 day Tue 1/28/25 Tue 1/28/25
34 City Review 2 wks Wed 1/29/25 Tue 2/11/25
35 PHASE 1D: 60% PLANS, SPECS, COST ESTIMATE 76 days Tue 2/11/25 Tue 5/27/25 36 60% Improvement Plans 12 wks Wed 2/12/25 Tue 5/6/25
37 Specifications 12 wks Wed 2/12/25 Tue 5/6/25
38 Task 7 - Traffic Control Plans 4 mons Tue 2/11/25 Mon 6/2/25 39 Design Review Meeting 1 day Wed 5/7/25 Wed 5/7/25
40 City Review 3 wks Thu 5/8/25 Wed 5/28/25
41 PHASE 4: FLOODPLAIN MAPPING 160 days Tue 2/11/25 Mon 9/22/25 42 CLOMR Application Package (MT2 Form) 8 wks Tue 2/11/25 Mon 4/7/25 43 City Review 4 wks Tue 4/8/25 Mon 5/5/25
44 CLOMR Revisions/Signature 2 wks Tue 5/6/25 Mon 5/19/25 45 FEMA Review/Approval 90 days Tue 5/20/25 Mon 9/22/25 46 PHASE 1E: 90% PLANS, SPECS, COST ESTIMATE 66 days Wed 6/18/25 Wed 9/17/25 47 90% Improvement Plans 8 wks Thu 5/29/25 Wed 7/23/25
48 Specifications and Cost Estimates 1 wk Thu 7/24/25 Wed 7/30/25 49 Structural Design 4 wks Thu 6/26/25 Wed 7/23/25
50 Task 8 - Stormwater Pollution Prevention Plan 2 wks Thu 7/24/25 Wed 8/6/25 51 Final Design Report 3 wks Thu 7/3/25 Wed 7/23/25
52 City Review 2 wks Thu 9/4/25 Wed 9/17/25
53 PHASE 1F: 100% PLANS, SPECS, COST ESTIMATE,
CONSTRUCTION DOCS
37 days Tue 8/26/25 Wed 10/15/25
54 Finalize Improvement Plans 4 wks Thu 9/18/25 Wed 10/15/25 55 Final Estimates/Specifications/Bid Schedule 4 wks Tue 8/26/25 Mon 9/22/25 56 PHASE 1G: CONSTRUCTION 540 days Tue 9/23/25 Mon 10/18/27 57 Contractor Selection 3 mons Tue 9/23/25 Mon 12/15/25 58 Construction Inspection 24 mons Tue 12/16/25 Mon 10/18/27 59 PHASE 2: LOMR 2 wksTue 10/19/27 Mon 11/1/27
60 Final Letter of Map Revision Package 1 wk Tue 10/19/27 Mon 10/25/27 61 City Review 1 wk Tue 10/26/27 Mon 11/1/27
62 LOMR Signature 1 day Mon 11/1/27 Mon 11/1/27
J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N ter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarte Task Milestone Summary Project Summary CVWD / City Review Other Agency/Public Review Construction Project Summary Schedule
Escondido Drainage Improvement Project
Client: City of Escondido
Date: Wed 6/19/24
Resolution No. 2024-84
Exhibit "A"
326
Item6.
Michael Baker International
06-18-2024 East Valley Parkway and Midway Drive Drainage Project $3,554,740
Senior
Project
Manager
Design
Manager/
Senior
Engineer
Project
Engineer
Design
Engineer
Environmental
Project Manager
Environmental
Staff
Survey
Project
Manager
2 Man
Survey Crew
Pothole
Project
Manager
Pothole Staff Field Pothole Principal Project
Manager
Senior
Geotechnical
Engineer
Lab Tech PIC,
Strategist
Sr.
Associate
Outreach
Project
Associate
Project
Manager
Environmental
Staff
$305 $270 $190 $135 $260 $170 $270 $320 $210 $150 $4,000 $220 $175 $160 $102 $210 $190 $155 $175 $140 Total Hours Total Budget Task 1: Project Management
1.1 Project Management 400 600 1000 284,000$
Sub-total Labor Hours 400 600 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - $ 1000 284,000$
Task 2: Project Drainage Study and Water Quality Compliance
2.1 Hydrology and Hydraulics Report 20 45 385 350 800 138,650$
2.2 Water Quality Report 20 40
100 120 280 52,100$
2.3 CLOMR/LOMR 10 12
140 160 322 54,490$
2.4 SWPPP 4 12 24 40 80 14,420$
Sub-total Labor Hours 54 109 649
670 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ 1482 259,660$
Task 3: Environmental Approval and Permitting
3.1 Cultural Resources Assessment and Tribal Consultations 4 24 100 128 24,460$
3.2 Air Quality and GHG Technical Study 4 24 100 128 24,460$
3.3 Noise and Vibration Technical Study 4 24 80 108 21,060$
3.4 Biological Resources Assessment and Jurisdictional Delineation 4 8 60 200 272 41,800$
3.5 CEQA Initial Study and Mitigated Negative Declaration 4 50 340 394 72,020$
3.6 Regulatory Permits – USACE and RWQCB 4 32 100 70 100 306 52,790$
Sub-total Labor Hours 24 0 0 0 162 720 0 0 0 0 0 0 0 0 0 0 0 130 300 - $ 1336 236,590$ Task 4: Plans, Specifications, Schedule Estimate, and Cost Estimate
4.1 Topographic Survey 2 8 8 140 48 120 2,500$ 326 77,050$
4.2 R/W Mapping 8 32 120 160 90 24 5,000$ 434 92,460$
4.3 Aerial Survey 2 8 12 24 18,000$ 46 31,690$
4.4 Geotechnical Study 2 16 16 16 24 92 40 35,000$ 206 69,490$
4.5 30% Plans 40 120 400 1700 500$ 2260 350,600$
4.6 60% Plans 30 120 700 2300 500$ 3150 485,550$
4.7 90% Plans 20 60 240 1100 1420 216,400$
4.8 100% Plans 20 30 150 600 800 123,700$
4.9 Estimate 4 4 10 56 74 11,760$
4.10 Specs 12 100 20 132 34,460$
Sub-total Labor Hours 140 498 1664 6056 0 0 150 168 0 0 16 24 92 40 0 0 0 0 0 61,500$ 8848 1,493,160$ Task 5: Benefit-Cost Analysis
5.1 Cost Benefit 12 60 100 172 28,560$
Sub-total Labor Hours 12 0
60 100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - $ 172 28,560$
Task 6: Utility Coordination
6.1 Utility Coordination 30 280 400 5,000$ 710 121,350$
6.2 Utility Potholing 8 30 80 160 300 125 578 597,540$
Sub-total Labor Hours 38 0 310 480 0 0 0 0 160 300 0 0 0 0 0 0 0 0 0 5,000$ 1288 718,890$ Task 7: Public Outreach Plan
7.1 Public Outreach 20 30 80 40 80 100 3,000$ 350 71,500$ Sub-total Labor Hours 20 30 80 0 0 0 0 0 0 0 40 80 100 0 0 3,000$ 350 71,500$ Task 8: Bidding and Construction Support
8.1 Bid Support 12 12 36 60 10,800$
8.2 Construction Support 60
400 900 400 3,000$ 1760 354,300$
8.3 As-Builts 4 24 180 208 30,080$
8.4 Water Quality Monitoring (includes QSP/QSD, NOV, Downstream Monitoring) 40 600 100 740 139,700$ Sub-total Labor Hours 116 400 1536 716 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,000$ 2768 534,880$ TOTAL 804 1637 4299 8022 162 720 150 168 160 300 16 24 92 40 40 80 100 130 300 $ 72,500 17,244 $ 3,627,240 $39,100
PadillaAllied
$26,520
Michael Baker International
$2,845,770 $578,600
Air X Balk
$64,750
Reimbursible
Expenses
Resolution No. 2024-84
Exhibit "A"
327
Item6.
BUDGET ADJUSTMENT
REQUEST
Department: Development Services
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Marissa Padilla
City Council Meeting Date:
(attach staff report) 7/10/2024
EXPLANATION OF REQUEST
Budget Adjustment to accept grant funds for the E. Valley Pkwy & Midway Dr. Drainage Improvement Project.
BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
HMGP Flood Mitigation Project#
AP00734 - Phase 1 (Federal) 4128-401 $2,205,000
Prepare CA Match Flood Mitigation
Project# AP00734 (State) 4127-401 $3,469,012
HMGP Management Costs Flood
Mitigation Project# AP00734 -
(Federal) 4128-401 $122,500
HMGP Flood Mitigation Project NEW-401 $5,674,012
HMGP Management Costs NEW-401 $122,500
APPROVALS
DEPARTMENT HEAD DATE FINANCE DATE
DocuSign Envelope ID: D3D08A56-71D4-4410-971B-3A95AB2A151F 6/28/2024
7/1/2024
Attachment "1"
328
Item6.
STAFF REPORT
July 10, 2024
File Number 0690-30
SUBJECT
SUMMARY VACATION OF AN IRREVOCABLE OFFER OF DEDICATION PER STREETS & HIGHWAYS CODE §8334(A)
DEPARTMENT
Development Services, Engineering Division
RECOMMENDATION
It is requested that Council adopt Resolution No. 2024 -83 authorizing the summary vacation of an Irrevocable Offer of Dedication recorded on July 9, 1984 for a public highway.
Staff Recommendation: Approval (Development Services: Chris McKinney, Development Services Director and Owen Tunnell, Interim City Engineer)
Presenter: Owen Tunnell, Interim City Engineer
ESSENTIAL SERVICE – No
COUNCIL PRIORITY – Encourage Housing Development
FISCAL ANALYSIS
The $1,200 processing fee has been paid into the General Fund.
PREVIOUS ACTION
Planning Commission Resolution No. 2020-01.
BACKGROUND
To clear title for development, the Apollo assisted living and memory care facility project at 3141 East Valley Parkway was conditioned with their Planning Commission approval to arrange to have the City of Escondido vacate and extinguish an existing Irrevocable Offer to Dedicate Real Property ( “IOD”) for highway purposes, recorded July 9, 1984 (County of San Diego Document No. 84-257141). This IOD was originally offered to and rejected by the County of San Diego and has subsequently been deemed by the City of Escondido to no longer be needed due to adoption of alternate street and intersection alignments.
All parcels involved have alternative means of access.
329
Item7.
Pursuant to C alifornia Government Code §7050, such IOD s may be terminated in the same manner as prescribed for the summary vacation of streets in California Streets and Highways Code §8 334(a). There are no utilities that will be impacted by this action. The City Engineer has deemed this IOD unnecessary and eligible for extinguishment.
RESOLUTIONS
a. Resolution No. 2024-83
b. Resolution No. 2024-83 – Exhibit “A”- Public Street Vacation
330
Item7.
RESOLUTION NO. 2024-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING SUMMARY
VACATION OF AN IRREVOCABLE OFFER OF DEDICATION
(RECORDED AS DOCUMENT NO. 84-257141 IN THE
COUNTY OF SAN DIEGO)
WHEREAS, the Irrevocable Offer of Dedication (“IOD”) of Real Property for highway purposes (County of San Diego Recorder’s No. 84-257141), which is to be vacated through this resolution, has not been accepted; and
WHEREAS, the land subject to the IOD is no longer needed for highway purposes; and WHEREAS, the California Government Code Section 7050 prescribes the manner of extinguishing such an IOD, which manner is pursuant to a summary street vacation (California Streets and Highways Code Section 8334(a)) and does not require a public hearing.
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 this action is taken pursuant to the California Streets and Highways Code Section 8330, et seq.
3. That it is hereby found and determined that the subject land meets the criteria set forth in the California Streets and Highways Code Section 8334(a), “excess right -of-way of a street or highway not required for street or highway purposes.”
331
Item7.
4. That the summary vacation of the Irrevocable Offer of Dedication, attached as Exhibit ‘A,” is authorized and approved, and hereby declared vacated.
5. That all City departments have been notified and there are no objections to the proposed vacation.
6. That the City Clerk is hereby directed and authorized to record a certified copy of this resolution, with the effective date of the vacation of the above-described area to be the date of recordation of the certified copy of this resolution wit h the office of the County Recorder of San Diego County, and on said date, the subject vacation area shall no longer constitute a street pursuant to the provisions of the California Streets and Highways Code Section 8336.
332
Item7.
EXHIBIT "A"
CITY OF ESCONDIDO
PUBLIC STREET VACATION
THAT PORTION OF CLOVERDALE ROAD AS DEDICATED AND REJECTED AND SHOWN ON PARCEL MAP NO. 13367, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 9, 1984 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 1 OF SAID PARCEL MAP NO. 13367, THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 NORTH 89°22'09" WEST 56.12 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 89°29'09" WEST 39.24 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF CLOVERDALE ROAD AS SHOWN ON SAID PARCEL MAP NO. 13367 AND THE TRUE POINT OF BEGINNING; SAID WESTERLY RIGHT OF WAY BEING A NON-TANGENT CURVE HAVING A RADIUS OF 270.00 FEET, CONCA VE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 79°20'35" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°24'17" AN ARC DISTANCE OF 176.27 FEET TO THE BEGINNING OF A COMPOUND CURVE HAVING A RADIUS OF
20.00 FEET, CONCA VE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 41 °56'18" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 111 °40'36" AN ARC DISTANCE OF 38.98 FEET TO A POINT ON A LINE BEING THE EASTERLY BOUNDARY OF THAT CERTAIN 60 FOOT COUNTY ROAD KNOWN AS C.H.C. ROUTE 19, DIVISION 1 AND THE EASTERLY RIGHT OF WAY LINE
OF BEAR VALLEY PARKWAY AS SHOWN ON SAID PARCEL MAP, SAID POINT ALSO
BEING A POINT OF CUSP FORMED BY THE BEGINNING OF A NON-TANGENT CURVE ON THE EASTERLY SIDELINE OF THE 30.00 FOOT EASEMENT DESCRIBED IN DEED TO THE CITY OF ESCONDIDO RECORDED IN BOOK 1683, PAGE 292, OCTOBER 1, 1929;
THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY ALONG A CURVE HAVING A RADIUS OF 630.00 FEET, CONCA VE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 69°44'18�' EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°07'37" AN ARC DISTANCE OF 89.37 1:\18\18195\FROD\Mapping\Legals & Plats\ Vacation
Resolution No. 2024-83
Exhibit "A"
Item7.
Resolution No. 2024-83
Exhibit "A"
334
Item7.
Resolution No. 2024-83
Exhibit "A"
335
Item7.
Resolution No. 2024-83
Exhibit "A"
336
Item7.
STAFF REPORT
July 10, 2024
File Number 0600-10; A- 3521
SUBJECT
CONSULTING AGREEMENT FOR SALES AND USE TAX , BUSINESS LICENSE TAX AND TRANSIENT
OCCUPANCY TAX ADMINISTRATION CONSULTING SERVICES
DEPARTMENT
City Manager’s Office and Finance
RECOMMENDATION
Request the City Council adopt Resolution No. 2024-62, authorizing the Mayor to execute a Consulting Agreement with Hinderliter, DeLlamas & Associates (“HdL”) for Sales and Use Tax, Business License, and Transient Occupancy Tax ( “TOT”) Administration Consulting Services; adopt Resolution No. 2024 -63 authorizing access to Sales or Transaction and Use Tax Records and Documents Pursuant to California Revenue & Taxation Code Section 7056(b) ; adopt Resolution No. 2024 -96 terminating the current consulting agreement with MuniServices; and approve the Budget Adjustment Request (Attachment “1”).
Staff Recommendation: Approval (City Manager’s Office and Finance: Jennifer Schoeneck, Director of Economic Development and Christina Holmes, Director of Finance) Presenter: Jennifer Schoeneck, Director of Economic Development and Christina Holmes, Director of Finance
ESSENTIAL SERVICE – No
COUNCIL PRIORITY – Eliminate Structural Deficit
FISCAL ANALYSIS
Over the last three years, sales and use tax averaged $47.1 million per year, approximately 37 percent of the City’s General Fund. In order to forecast revenues for financial planning and budget purposes, and to ensure the accurate remittance of sales and use taxes, the City contracts with a third -party consultant.
Compensation under this consulting agreement includes a combination of contingency-based and fixed fee arrangements. HdL offers two primary services related to sales tax: sales tax management services and sales tax audit services. For sales tax services, the fee for ongoing analysis, reports and access to the sales tax database is $850 per month to be billed quarterly. The fee for audit services is 15 percent of all new sales and use tax revenue received by the City as a result of audit and recovery work performed by the Consultant. This fee applies to monies received in the first eight consecutive reporting quarters beginning with the receipt of the audit rev enue and includes retroactive back quarter adjustments obtained by the Consultant. For Business License Administration, HdL charges $16 per processed business 337
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license permit. There is an accompanying fee of 25 percent of revenue recovered through collecti on services and 40 percent of revenue collected through audit services. Lastly, for TOT Administration, HdL charges an annual $900 hotel filing fee.
BACKGROUND
As part of the City's overall effort to operate within a balanced budget, a great deal of emphasis has been placed on ensuring that all revenues to which the City is entitled are received, and that future revenues are accurately forecasted. Revenue, audit and recovery services are specialized in nature and require an in-depth knowledge of local and state government operations and legislation.
In 1993, the City contracted with MuniServices, LLC, to provide Sales Tax Audit and Information Services including compliance audits, analysis and information, and reporting services on the City’s sales tax.
MuniServices, LLC has been providing sales tax consulting services to the City since that time. While MuniServices has performed satisfactorily, the City’s business requirements have evolved, suggesting the need to solicit bids for a broader array of audit and revenue enhancement services.
In November 2023, staff issued a Request for Proposal (“RFP”) from qualified consultants to provide a range of revenue monitoring and consulting services, including services for Sales Tax and Property Tax.
Proposals were received from HdL Companies and MuniServices LLC. Each proposal was evaluated and scored by staff f rom the Finance and Economic Development departments based on scoring criteria identified in the RFP: background, consultant team and experience in similar organizations, three references of the consultant team, proposed plan for service, and value.
While both firms were qualified to perform the engagement, based on these criteria, staff concluded that HdL Companies is the most highly qualified, would likely deliver the best services, and offered a superior proposal. HdL Companies has long-standing and documented success in audit recoveries, ability to meet project work plan and timelines, experienced and qualified staff, methodology that would be used to maximize City revenues, financial stability, available resources, competitive pricing, and revenue enhancement with City scope of work. Staff has completed its due diligence with comprehensive reference checks and all came back with positive comments and feedback.
HdL is a well -respected company that was founded almost 40 years ago. HdL currently serves over 400 public agencies, including many in the County of San Diego. Because HdL serves so many agencies, it has compiled an extensive database, enabling HdL to be more efficient in recovering misallocated revenue.
HdL will provide the City with sales an d use tax consulting services, including economic trend reports which analyze key economic drivers, geographic area reports, and benchmark reports of the City in comparison to other jurisdictions. In addition, HdL will meet with staff on a quarterly basis to provide sales and use tax projections based on the City’s mix of businesses, the City’s top sales tax producers, an update of sales and use tax trends on a national level, and legislative analysis and recommendations. HdL will also provide City staff with access to its sales tax database, which shall include sales tax and business 338
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registration data, electronic data matching and leads services for business license discovery, as well as a subscription providing analytics data on targeted business areas within the City.
HdL shall also provide sales tax audit services to recover sales and use tax revenues for the City that had been misallocated to other jurisdictions through coding errors or miscalculations from individual businesses. If a misallocation is identified, HdL shall prepare the required documentation to the California Department of Tax and Fee Administration (“CDTFA”) to recover those revenues.
Because sales tax information is confidential, the State of California Revenue and Taxation Code Section 7056 provides that only designated City staff or specifically authorized persons can obtain sales tax information. In order to authorize HdL to access sales tax data on the City’s behalf, the City must enter into a contract with HdL and adopt a resolution authorizing designated persons to access such records.
Revenue, audit and recovery services ensure that the City is applying local law equitably and accurately for all individuals and entities subject to local taxation in the City. To continue to properly and effectively provide sales tax management services and sales tax audit services, staff recommends that the City approve the consulting agreement with Hinderliter, de Llamas & Associates and adopt Resolution No. 2024-63 to aut horize the examination of confidential sales, use and transactions tax records of the California Department of Tax and Fee Administration. Resolution No. 2024 -96 is also included which authorizes the Director of Finance to terminate the current consulting agreement with MuniServices.
In the area of business licensing, HdL has streamlined processes, reduced costs, increased revenue, and provided greater efficiency and productivity for many municipalities similar to Escondido. HdL will provide comprehensive operations management services, processing of registrations, tax returns, payments, and business license administration. In order to onboard the new HdL business license software effectively, the staff recommendation is to add a full-time customer service representative position to the City Manager’s Department. This is a 100% cost recovery program that will improve the customer experience and result in an increase in business license revenue as our contractor discovers new unli censed businesses and verifies compliance.
RESOLUTIONS
a. Resolution No. 2024-62
b. Resolution No. 2024-62– Exhibit “A” – Consulting Agreement c. Resolution No. 2024-62– Exhibit “1” to Attachment “A” of Exhibit “A” – Scope of Services d. Resolution No. 2024-63
e. Resolution No. 2024-96
ATTACHMENTS
a. Attachment “1” – Budget Adjustment Request
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RESOLUTION NO. 2024-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF THE CITY, A CONSULTING
AGREEMENT WITH HINDERLITER, DELLAMAS &
ASSOCIATES FOR SALES AND USE TAX, BUSINESS LICENSE
TAX, AND TRANSIENT OCCUPANCY TAX
ADMINISTRATION AND CONSULTING SERVICES
WHEREAS, the City of Escondido (“City”) desires to engage the services of a qualified consultant to provide sales and use tax , business license, and transient occupancy tax (“TOT”) Administration and Consulting services; and
WHEREAS, continuous monitoring, identification and correction of allocation errors and reporting deficiencies will help maximize tax revenues; and
WHEREAS, an effective review program can provide for more ac curate budget forecasting and financial planning; and
WHEREAS, the City issued a Request for Proposal for revenue monitoring and consulting services; and
WHEREAS, the City received two timely responses to the Request for Proposal; and WHEREAS, Hinderliter, DeLlamas & Associates was determined to be the most qualified consultant that provided the best value to the City; and WHEREAS, this City Council desires at this time and deems it to be in the best public interest to approve said agreement which is attached and incorporated to this Resolution as Exhibit “A” with the Scope of Services as Exhibit “1” to Attachment “A” of Exhibit “A.”
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. That the above recitations are true.
2. That the Mayor is authorized to execute , on behalf of the City, a Consulting Agreement with Hinderliter, DeLlamas & Associates for sales and use tax, business license, and transient occupancy tax (“TOT”) Administration and Consulting services, which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney’s Office.
3. That the City Manager retains the authority to approve amendments to the consulting agreement in an amount consistent with the Escondido Municipal Code.
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Resolution No. 2024-62
Exhibit “A”
Consulting Agreement (v2) - 1 - CAO:04/23/2024
CITY OF ESCONDIDO
CONSULTING AGREEMENT
This Consulting Agreement (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”),
Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Christina Holmes, Director of Finance
(760) 839-4620
("CITY")
And: Hinderliter, De Llamas & Associates
a California corporation
120 S State College Blvd, Suite 200
Brea, CA 92821
Attn: Andrew Nickerson, President
714-879-5000
("CONSULTANT").
(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the CITY has determined that it is in the CITY’s best interest to retain the professional services of a consultant to provide sales and use tax, business license, and transient occupancy tax administration and consulting services;
WHEREAS, CONSULTANT is considered competent to perform the necessary professional services for the CITY; and
WHEREAS, the CITY and CON SULTANT desire to enter into this Agreement f or the per - formance of the Services described herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:
1. Description of Services. CONSULTANT shall furnish all of the Services described in the Scope of Work, which is attached to this Agreement as Attachment “A” and incorporated herein by this reference (“Services”).
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Exhibit “A”
Consulting Agreement (v2) - 2 - CAO:04/23/2024
2. Compensation. In exchange for CONSULTANT’s completion of the Services, the CITY shall pay, and CONSULTANT shall accept in full, an amount not to exceed the sum of $220,100 (plus applicable annually increases tied to the Consumer Price Index (CPI), for monthly Services provided pursuant to this Agreement, as described in Attachment A. Consultant shall also be compensated 15% of all new and recovered sales, use and transaction tax revenue received by the CITY (Audit Fee), as a result, in whole or in part, of the allocation audit and recovery services described in the Scope of Services ; 20% of all recovered busin ess license through collection services (Collection Fee), and 40% of all recovered business licenses discovered through their audit services (Audit Services), as described further in Attachment A. CONSULTANT shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent. If this Agreement is amended at any time, additional compensation of CONSULTANT contained in any subsequent amendments shall not exceed a cumulative total of 25% of the maximum payment provided for in this Section 2, unless approved by resolution of the City Council.
3. Performance. CONSULTANT shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement . CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other information furnished by CONSULTANT pursuant to this Agreement, except that CONSULTANT shall not be responsible for the accuracy of information supplied by the CITY.
4. Personnel. The performance of the Services by certain professionals is significant to the CITY. As such, CONSULTANT shall only assign the persons listed on Attachment “B” , attached to this Agreement and incorporated herein by this reference (“Personnel List”), to perform the Services.
CONSULTANT shall not add or re move persons from the Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.
5. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. Th e CITY may terminate this Agreement for any reason upon providing CONSULTANT with 30 days’ advance written notice. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminat es this Agreement due to no fault or failure of performance by CONSULTANT, then CONSULTANT shall be compensated based on the work satisfactorily performed at the time of such termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the Services.
6. City Property. All final original documents, drawings, electronic media, and other materials prepared by CONSULTANT pursuant to this Agreement immediately become the exclusive property of the CITY, and shall not be used by CONSULTANT for any other purpose without the CITY’s prior written consent.
7. Insurance Requirements.
a. CONSULTANT shall pro cure and maintain , at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the re sults of such work, by CONSULTANT, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
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Exhibit “A”
Consulting Agreement (v2) - 3 - CAO:04/23/2024
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired (Code 8) and non -owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division. (3) Workers’ Compensation. Worker’s Compensation as requi red by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) Professional Liability (Errors and Omissions) . Professional Liability ( Errors and Omissions) appropriate to CONSULTANT’s profession, with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.
(5) If CONSULTANT maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as IS O 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. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Primary Coverage. CONSULTANT’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its offi cials, officers, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it. (4) Notice of Cancellation . Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONSULTANT shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONSULTANT hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this 344
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Exhibit “A”
Consulting Agreement (v2) - 4 - CAO:04/23/2024
subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSU LTANT, its agents, representatives, employees, and subcontractors.
(7) Self-Insurance. CONSULTANT may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONSULTANT shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONSULTANT’s (i) net worth and (ii) reserves for payment of claims of liability against CONSULTANT are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONSULTANT’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONSULTANT pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicabl e policy lan guage effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right , at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONSULTANT must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including, but not limited to, a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement . In the event that CONSULTANT fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONSULTANT to stop work under this Agreement and/or withhold any payment that becomes due to CONSU LTANT until CONSULTANT demonstrates compliance with the insurance requirements in this Agreement.
8. Indemnificationand Hold Harmless.
a. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnifyand hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalti es, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collecti vely, “Claims”), of every nature caused by, arising out of, or in connection with CONSULTANT’s performance of the Services or its 345
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Exhibit “A”
Consulting Agreement (v2) - 5 - CAO:04/23/2024
failure to comply with any of its obligations contained in this Agreement, except where caused by the sole negligence or willful misconduct of the CITY. b. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnifyand hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No. R9-2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suf fer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement. c. All terms and provisions within this Section 8 shall survive the termination of this Agreement. d. Notwithstanding anything to the contrary, in no event will Contractor be liable for claims, liabilities or damages (i) that could not reasonably have been foreseen upon entry into this Agreement; (ii) in connection with any City monies not collected by Contractor; nor (iii) in connection with the issuance, non-issuance or revocation of any registration, license, permit, or exemption.
9. Anti-Assignment Clause. Because the CITY has relied on the particular skills of CONSULTANT in entering into this Agreement, CONSULTANT shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assignment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective . Unless CONSULTANT assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONSULTANT shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.
10. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Ag reement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.
11. Independent Contractor . CONSULTANT is an independent contractor , and no agency or employment relationship is created by the execution of this Agreement.
12. Amendment. This Agreement shall not be amended exc ept in a writing signed by the CITY and CONSULTANT.
13. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONSULTANT concerning the subject of this A greement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreeme nt and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.
14. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.
15. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable la w, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.
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Exhibit “A”
Consulting Agreement (v2) - 6 - CAO:04/23/2024
16. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.
17. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, includi ng an attachment to an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.
18. Provisions Cumulative . The foregoing provisions are cumulative to, in addition to , and not in limitation of any other rights or remedies available to the CITY.
19. Notice. Any statements, communications , or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONSULTANT shall promptly provide the other Party with notice of any changes to such contact information.
20. Business License. CONSULTANT shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.
21. Compliance with Laws, Permits, and Licenses. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances , regulations, rules, and other legal requirements in effect during the term of this Agreement. CONSULTANT shall obtain any and all per mits, licenses, and other authorizations necessary to perform the S ervices.
Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
22. Prevailing Wages . If applicable, pursuant to California Labor Code section 1770 et seq. , CONSULTANT agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, code s, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The preva iling rate and scale to be paid shall be the same as the applicable “ General Prevailing Wage Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference . Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
23. Immigration Reform and Control Act of 1986. CONSULTANT shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONSULTANT represents and warrants that all of its employees and the employees of any subcontractor retained by CONSULTANT who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONSULTANT affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three d ays of employment and that only employees legally eligible to work in the United States will perform the Services. CONSULTANT 347
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Exhibit “A”
Consulting Agreement (v2) - 7 - CAO:04/23/2024
agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.
24. CITY acknowledges and agrees that any other public agency (including, without limitation, any participating government agency) located within or outside of the State (e.g., city, municipality, county, district, public authority or other political subdivision) may procure services from CONSULTANT for fees and other terms and conditions that are substantially similar to any of the Services, Fees and other terms and conditions set forth in this Agreement, provided that such other public agency executes a separate agreement with CONSULTANT wherein the services rendered to such other public agency, the fees payable by such other public agency, and the other terms and conditions of such separate agreement are the responsibility of CONSULTANT and such other public agency and not CITY.
25. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.
IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:
CITY OF ESCONDIDO
Date: __________________ ___________________________________ Dane White, Mayor
HINDERLITER, DE LLAMAS & ASSOCIATES
Date: __________________ ___________________________________ Robert Gray, Vice President
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY: __________________________
DATE: ________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.
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Exhibit “A”
Consulting Agreement (v2) - 8 - CAO:04/23/2024
ATTACHMENT “A”
Scope of Work
A. General
Hinderliter, De Llamas & Associates, a California corporation, (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with consulting services related to sales and use tax.
B. Location
Consultant to provide services at various locations including City Hall located at 201 N. Broadway, Escondido, CA, 92025 and Consultant’s office located at 120 S. State College Blvd, Suite 200, Brea, CA 92821.
C. Services
Consultant shall provide the services described in Consultant’s Scope of Work, which is attached to this Scope of Work as Exhibit 1 and incorporated herein by this reference. In the event of a conflict between this Agreement (including this Scope of Work) and Exhibit 1, the terms of this Agreement shall prevail.
D. Scheduling
Consultant to schedule specific dates of work in advance by contacting Christina Holmes, Director of Finance at 760-839-4620 or [email protected]. Further instructions will be provided upon scheduling.
E. Contract Price and Payment Terms
The Consultant shall be compensated in an amount not to exceed $220,100 (plus applicable annually increases tied to the Consumer Price Index (CPI), for monthly Services provided pursuant to this Agreement, as described in Exhibit 1. Consultant shall also be compensated 15% of all new and recovered sales, use and transaction tax revenue received by the CITY (Audit Fee), as a result, in whole or in part, of the allocation audit and recovery services and also be compensated 20% of all recovered business license through collection services (Collection Fee), and 40% of all recovered business licenses discovered through their audit services (Audit Services) described in the Scope of Services, as described further in Exhibit 1. Consultant shall submit monthly invoices to the City, and the City shall pay Consultant for invoiced services within 30 days of receipt of an invoice.
Three Year Program Costs
Start-Up Cost $5,000
Tax Study $20,000
Sales and Use Tax Services NTE $30,600
Business Licsense Administration NTE $600,000
Transient Occupancy Administration NTE $29,700
Program Costs $685,300
Business License Administration – Collection
Services
No Cap
Business License Administration – Audit
Services Services
No Cap
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Exhibit “A”
Consulting Agreement (v2) - 9 - CAO:04/23/2024
F. Term
The term of this Agreement shall be from the Effective Date of the Agreement through June 30, 2027 (“Initial Term”). The City shall have three additional one-year options to extend the Initial Term.
Any such extension of the Initial Term shall be through an Amendment as described in Section 12 of the Agreement.
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Resolution No. 2024-62
Exhibit “A”
Consulting Agreement (v2) - 10 - CAO:04/23/2024
ATTACHMENT “B”
Personnel List
Pursuant to Section 4 of the Agreement, CONSULTANT shall only assign performance of Services to persons listed below.
1. Bobby Young, Director of Client Services, [email protected], HdL Companies; and
2. Robert Gray, CIO, HdL; and
3. Connor Duckworth, CRO, [email protected], Hdl; and
4. Joshua Davis, Practice Development Leader, [email protected], HdL; and
5. George Bonnin, [email protected], HdL; and
6. CONSULTANT shall select support staff to assist in performing the services under the Agreement (“Staff”). The names, titles, and contact information of Staff will not be known until the services described in Section C(3) of Attachment A (Scope of Work) to the Agreement commence. All Staff shall perform services under the direction and supervision of CONSULTANT. Upon selection of Staff, CONSULTANT shall provide the CITY with the name and email address of each Staff selected to perform services under the Agreement. Performance of servic es under the Agreement by the Staff shall be subject to the CITY’s prior written approval.
With the exception of Staff, CONSULTANT shall not add or remove persons from this Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.
Acknowledged by:
Date: __________________ ___________________________________ Robert Gray, Vice President
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Exhibit “1” to Attachment “A” of Exhibit “A”
EXHIBIT 1
SALES AND USE TAX SERVICES
1. Sales and Use Tax and Economic Analysis/Forecasting Services/Reports
1.1. Establish a special database identifying the name, address, and quarterly allocations of all sales tax producers within the City. This database will be utilized to generate special reports to City on major sales tax producers by rank and category, sales tax activity by categories, or business districts, identification of reporting aberrations, and per capita and outlet comparisons with regional and statewide sales.
1.2. Provide periodic updated reports no less than quarterly to City identifying changes in sales by individual businesses, business groups and categories, and by geographic area. These reports may include, without limitation, quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, and quarterly reconciliation worksheets to assist with budget forecasting. Consultant shall meet quarterly by in person or virtually with City.
1.3. Shall additionally provide following each calendar quarter a summary analysis for City to share with Council Members, Chamber of Commerce, other economic development interest groups and the public that analyze City’s sales tax trends by major groups and geographic areas without disclosing confidential individual tax records.
1.4. Establish a special database with California Department of Tax and Fee Administration (“CDTFA”) registration data for businesses within applicable district boundaries holding seller’s permit accounts.
1.5. Periodically & as -needed license for the limited, non -exclusive, non -transferable use by City’s staff certain of Consultant’s web-based sales, use and/or transactions tax program(s) containing sellers permit, registration, allocation and related information for business outlets within City’s jurisdiction registered with the CDTFA.
1.6. Provide periodic updated reports when requested or appropriate endeavoring to identify and assist with budget forecasting (i) changes in allocation totals by individual businesses, business groups and categories, and (ii) aberrations due to State audits, fund transfers, and receivables, along with late or double payments.
2. Allocation and Audit Recovery Services
2.1. Conduct (when mutually agreed with City) initial and on-going sales and use tax audits of businesses to help identify and correct distribution and allocation errors, and to proactively affect favorable registration, reporting or formula changes thereby generating previously unrealized sales and use tax income for the City and/or recovering misallocated tax from registered taxpayers. Common errors that will be monitored and corrected include but are not limited to: transposition errors resulting in misallocations; erroneous consolidation of multiple outlets; formula errors; misreporting of “point of sale” to the wrong location; delays in reporting new outlets; misallocating use tax payments to the allocation pools or wrong jurisdiction; and erroneous fund transfers and adjustments.
2.2. Initiate contacts with the CDTFA and sales management and accounting officials in companies that have businesses where a probability of error exists to endeavor to help verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner.
2.3. Prepare and submit to the CDTFA information for the purpose of correcting any identified allocation errors, and follow -up with individual businesses and the CDT FA to promote recovery by the City of back or prospective quarterly payments that may be owing.
2.4. If, during the course of its audit, Consultant finds businesses located in the City’s jurisdiction that are properly reporting sales and use tax but have the po tential for modifying their operation to provide an even greater share to City, Consultant may so advise City and collaborate with those businesses and City to encourage such changes.
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3. Consulting and Other Optional Services
Consultant may from time to time in its sole discretion, consult with City’s staff, including without limitation, regarding (i) technical questions and other issues related to sales and use tax, (ii) utilization of reports to enhance business license collection efforts; (iii) sales tax pr ojections for proposed annexations, economic development projects and budget planning, (iv) negotiating/review of tax sharing agreements, (v) establishing purchasing corporations, (vi) meeting with taxpayers to encourage self -assessment of tax obligations, and (vii) other sales and use tax revenue-related matters.
FEES
4. Sales and Use Tax and Economic Analysis/Forecasting Services/Reports
4.1. Fees for performing the sales tax and economic analysis/forecasting Services as described above shall initially be $850.00 per month, commencing with the month of the Effective Date (hereafter referred to as “monthly fee”). The monthly fee shall be invoiced quarterly in arrears and shall be paid by City no later than 30 days after the invoice date.
4.2. Consultant may change the non-hourly Fees established above once a year. Any such change must be with reference to the 12 -month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI -U), as reported by the U.S. Bureau of Labor Stati stics (the “CPI Change”).
5. Allocation and Audit Recovery Services
5.1. Fees for performing the allocation and audit recovery Services described above shall be 15% of all new, increased and recovered sales and use tax revenue received by the City as a result, in whole or in part, of the allocation audit and recovery services (hereafter referred to as “audit fee”). The fee shall be paid notwithstanding any related City assistance, work in parallel, and/or incurrence of attorneys’ fees or other costs or expenses in connection, with the relevant Services.
5.2. The Fee described above include, without limitation, State fund transfers received for back quarter reallocations and monies received in the first eight (8) consecutive reporting quarters following completion of Consultant’s allocation audit and confirmation of the corrections by the CDTFA.
5.3. These Fees shall be paid by City upon Consultant’s submittal of evidence of Consultant’s relevant Services in support thereof, including, without limitation, copies of relevan t communications between Consultant and the CDTFA and/or taxpayers.
5.4. Consultant recognizes City’s authority to waive or reduce the tax/fee-related debt of a business. Should City decide to do so for a business whose deficiency was identified by Consultant, Consultant shall be entitled to compensation in the amount of one half (1/2) of the Fees Consultant would have otherwise earned. Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for deficiencies which are otherwise incapable of collection (i.e., statute of limitation or other legal defense) shall not be considered a City voluntary election to waive, and thus, Consultant would not be entitled to compensation related thereto under this provision.
6. Consulting and Other Optional Services
6.1. Fees for performing the consulting and other optional Services described above shall be based on the following initial hourly rates: (i) Principal - $325; (ii) Programmer - $295; (iii) Senior Analyst - $245; and (iv) Analyst - $195.
6.2. Consultant may change the rates for its hourly Fees from time to time. A 60 days’ prior written notice to City will be given.
7. General Provisions Relating to Fees
7.1. Fees for travel and lodging expenses will be invoiced at cost and applied to all meetings (i ncluding implementation, training, operations, and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by City.
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7.2. Fees will be invoiced monthly to City for Services performed during the prior month. To the extent that Consultant has commercially reasonable means to do so, Fees will be netted out of City’s monthly revenue disbursement.
8. Confidentiality Information
Section 7056 of the State of California Revenue and Taxation Code (“R&T Code”) specifically limits the disclosure of confidential taxpayer information contained in the records of the CDTFA. Section 7056 specifies the conditions under which a city, county or district may authorize persons other than such city, county or district’s officers and employees to examine state sales and use tax records.
The following conditions specified in Section 7056 -(b)(1) of the State of California R&T Code are hereby made part of this Agreement:
8.1. Consultant is authorized by this Agreement to examine sales, use or transactions and use tax records of the CDTFA provided to City pursuant to contract under the Bradley -Burns Uniform Local Sales and Use Tax Law R&T Code Section 7200 et.seq.
8.2. Consultant is required to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of City who is authorized by City resolution provided to the CDTFA to examine the information.
8.3. Consultant is prohibited from performing consulting services for a retai ler (as defined in R&T Code Section 6015), during the term of this agreement.
8.4. Consultant is prohibited from retaining the information contained in or derived from those sales, use or transactions and use tax records after this agreement has expired. Information obtained by examination of the CDTFA records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code. The resolution shall designate the Consultant as a person authorized to examine sales and use tax records and certify that this agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code.
9. Software Use and Proprietary Information
Software Use. Consultant hereby provides authorization to City to access Consultant’s Sales Tax website if City chooses to subscribe to the software and reports option. The website shall only be us ed by authorized City staff. No access will be granted to any third party without explicit written authorization by Consultant.
City shall not sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of said software. The software use granted hereunder shall not imply ownership by City of said software, or any right of City to sell said software or the use of same, or any right to use said software for the benefit of others. This software use authorization is not transferable. Upon termination or expiration of this Agreement, the software use authorization shall expire, and all City staff website logins shall be de-activated.
Proprietary Information. As used herein, the term “proprietary information” means all information or material that has or could have commercial value or other utility in Consultant’s business, including without limitation: Consultant’s (i) computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; desktop or web -based software; (iii) business processes; (iv) marketing plans, analysis and strategies; and (v) materials and techniques used; as well as the terms and conditi ons of this Agreement. Except as otherwise required by law, City shall hold in confidence and shall not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by City in connection with this Agreement. The obligations imposed by this Section shall survive any expiration or termination of this Agreement or otherwise. The terms of this Section shall not apply to any information that is public information. 354
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Resolution No. 2024-62
Exhibit “1” to Attachment “A” of Exhibit “A”
BUSINESS LICENSE TAX ADMINISTRATION SERVICES
Consultant will provide the following Services relative to Client’s business license tax administration.
1. Operations Management Services
1.1. Establish and maintain database of Client businesses.
1.2. Receive and process applications, renewals and payments in a timely fashion.
1.3. Send renewal notices to active businesses within 30 days of the renewal period end date or at another interval specified by Client.
1.4. Provide businesses multiple options for submitting applications, renewals, payments, or support requests (including via website, email, mail, phone, and fax. Consultant license specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific).
1.5. Remit revenue to Client no less than monthly.
1.6. Provide Client staff access to website portal offering business registry inquiry, reporting, and electronic department approval capabilities.
2. Compliance Services: 1) Identify and register businesses which are subject to licensure or taxation, 2) collect known debt as pertains to business license or tax, and 3) identify under-reported tax liability.
2.1. Discovery Services
2.1.1. Develop a list of businesses subject to Client licensure or taxation.
2.1.2. Notify non-compliant businesses of their options to comply or dispute their non-compliant status.
Notification and support to businesses will be facilitated through the website, mail, email, phone and fax.
2.1.3. Review information and forms submitted by the business for completion and accuracy, inclusive of any additional required documentation (i.e. home occupation permit). All submissions are filed and stored electronically and made available to Client upon request.
2.1.4. Provide businesses with detailed invoicing and options to pay via website, mail, and phone.
2.1.5. Remit reven ue to Client no less than monthly, along with all business applications and any additional documentation.
2.1.6. If additional work is needed through departmental discovery and discussion, both parties may increase the scope to cover the potential cost and definition of the project.
2.2. Collection Services
2.2.1. Identify businesses subject to Client licensure or taxation which have known debt to Client and have failed to pay within an appropriate time frame.
2.2.2. Notify businesses of their options to comply or dispute their non-compliant status.
2.2.3. Provide businesses with detailed invoicing and options to pay via website, mail and phone.
2.2.4. Remit revenue to Client no less than monthly.
2.2.5. As part of collecting taxes and fees, there may be ancillary fees and taxes that may be needed which have not been addressed in this agreement. The City can opt to have HdL Companies collect and manage any of these fees through a written consent from both parties.
2.3. Audit Services
2.3.1. Identify potential under-reporting and/or misclassified businesses.
2.3.2. Audit businesses mutually agreed to by Client and Consultant that are identified as potential under- reporting businesses.
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2.3.3. Submit audit summaries to Client and discuss further actions.
2.3.4. Educate businesses on proper reporting practices.
2.3.5. Invoice and collect identified delinquencies.
3. Online Payment Processing – Consultant’s services include PCI compliant payment processing services powered by FIS Global, which supports both credit card and eCheck transactions.
3.1. Client Responsibilities
3.1.1. As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by FIS Global, Networks or oth er third parties whose consent or approval is necessary for the processing of Transactions by FIS Global. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, including, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.
3.1.2. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights.
4. Business License Tax Ordinance / Fee Study
4.1. Current Tax Registry Analysis – Consultant will conduct an analysis of the current business license ordinance and the Client’s tax registration database. Data will be compiled on the number of businesses, current tax revenues received by the Client, categories, and other related information to prov ide a baseline of the Client’s current tax structure and to allow Consultant to model the potential impact of changes to the current model.
4.2. Fee Analysis and Comparative Study – Using the data compiled from the registration analysis, as well as data compil ed from other sources such as neighboring cities, Consultant will prepare a report comparing the Client model to those of neighboring cities. The report will assist and provide the Client with guidance as to possible positive changes to its current model. As part of this phase Consultant will discuss possible administrative adjustments to the current municipal code. The final report will include, among other things, a complete business license tax structure recommendation along with revenue associated with each proposed model.
4.3. Modified Tax Structure Options – As a result of the findings of the comparison report, Consultant, in conjunction with Client staff, will draft a series of possible business tax re-structuring options for Client consideration. Options may include the proposing of gross receipt -based taxes, employee-based taxes, flat taxes, or a hybrid of all mentioned options. Consultant will draft potential new and detailed structures to be used in the Client’s new ordinance. Consultant will also review and work with the Client Attorney’s office in drafting new ordinance language in support of a chosen model.
FEES
5. Operations Management Services
5.1. Fees for performing operations management Services shall be $16.00 for each processed account, which is any account for which an application or renewal/return was processed, or active account which was sent a renewal notice and; a one-time $5,000.00 implementation fee.
5.2. Fees will be increased as of January 1st of each calendar year with reference to the 12 -month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Change is 1.5%, 356
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then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be
3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%.
5.3. Fees related to travel and lodging expenses are billed at cost and apply to all meetings (including implementation, training, operations and support). Travel expenses only apply to out-of-scope travel and must therefore be pre-approved by Client.
5.4. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.
6. Compliance Services
6.1. Fees for performing compliance Services apply to all monies received for the current tax/license period and any other prior period collected (including monies received for taxes, penalties, interest, and fees).
6.1.1. Fees for performing discovery Services shall be a contingency Fee of 40% of the revenues received as a result of the Services.
6.1.2. In the event that Client discovers a non-compliant business and reports the business to Consultant (including a calculation of all taxes/fees due), Consultant will categorize the business as a collection service effort and thus apply the lower collection Services contingency Fee rate.
6.1.3. Fees for performing collection Services shall be a contingency Fee of 25% of the revenues received as a result of the Services.
6.1.4. Fees for performing audit Services shall be a contingency Fee of 40% of the revenues received as a result of the Services.
6.2. Consultant recognizes Client’s authority to waive or reduce the tax/fee debt of a business. Should Client decide to do so for a business whose deficiency was identified by Consultant, Consultant shall be entitled to compensation in the amount of one half (1/2) of the Fees Consultant would have otherwise earne d.
Deficiencies which are uncollectable due to insolvency or dissolution of the business, or for deficiencies which are otherwise incapable of collection (i.e. statute of limitation or other legal defense) shall not be considered a Client voluntary electio n to waive, and thus, Consultant would not be entitled to compensation related thereto under this provision.
6.3. The fee shall be paid notwithstanding any related Client assistance, work in parallel, and/or incurrence of attorneys’ fees or other costs or expenses in connection, with the relevant Services.
6.4. Fees related to travel and lodging expenses are billed at cost and applied to all meetings (including implementation, training, operations, and support ). Travel expenses only apply to out -of-scope travel and must therefore be pre-approved by Client.
6.5. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice.
7. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or Client funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.
7.1. Taxpayer funded model – Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.
7.1.1. Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00
7.1.2. ACH/eCheck processing - $1.25 per transaction
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7.2. Client funded
7.2.1. Credit and debit card processing – 2.9% of transaction amount
7.2.2. ACH/eCheck processing - $0.50 per transaction
7.3. Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.
7.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to:
regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service.
8. Business License Tax Ordinance / Fee Study – Fee is $20,000.00, due 50% upon project kick-off, and 50% upon delivery of final report.
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Resolution No. 2024-62
Exhibit “1” to Attachment “A” of Exhibit “A”
TRANSIENT OCCUPANCY TAX SERVICES
Consultant will provide the following Services relative to Client’s transient occupancy tax administration.
1. Operations Management Services
1.1. Establish and maintain database of Client lodging providers.
1.2. Receive and process registrations, tax returns and payments in a timely fashion.
1.3. Provide lodging providers multiple options for submitting registrations, tax returns, payments, or support requests (including via website, email, mail, phone, and fax. Consultant tax specialists will be available for live interactions Monday through Friday, 8:00am to 5:00pm Pacific).
1.4. Remit revenue to Client no less than monthly.
1.5. Provide Client sta ff access to website portal offering lodging provider registry inquiry and reporting capabilities.
1.6. Endeavor to ensure accurate filings of returns by consistently monitoring returns, providing compliance audits, and educating lodging providers as mutually agreed to by Client and Consultant.
1.7. Provide analysis reports monthly and annually provide revenue trends and key insights on Client lodging providers.
1.8. If additional work is needed through departmental discovery and discussion, both parties may increase the scope to cover the potential cost and definition of the project.
1.9 As part of collecting taxes and fees, there may be ancillary fees and taxes that may be needed which have not been addressed in this agreement. The City can opt to have HdL Companies collect and manage any of these fees through a written consent from both parties.
2. Online Payment Processing – Consultant’s services include PCI compliant payment processing services powered by FIS Global, which supports both credit card and eCheck transactions.
2.1. Client Responsibilities
2.1.1. As a condition to its receipt of the Service, Client shall execute and deliver any and all applications, agreements, certifications or other documents required by FIS Global, Networks or other third parties whose consent or approval is necessary for the processing of Transactions by FIS Global. “Network” is an entity or association that operates, under a common service mark, a system which permits participants to authorize, route, and settle Transactions among themselves, inc luding, for example, networks operated by VISA USA and Mastercard, Inc., NYCE Corporation, American Express, and Discover.
2.1.2. Client hereby grants Consultant the full right, power and authority to request, receive and review any Data or records reflected in a Transaction report. Client represents and warrants that it has the full right and authority to grant these rights.
FEES
3. Operations Management Services
3.1. Fees for performing operations management Services shall be as follows:
$900.00 per hotel, per year for each filing property
3.2. Fees will be increased as of January 1st of each calendar year with reference to the 12 -month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), West Region, as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”). Each annual increase in the Fees will be equal to the greater of two percent (2%) or the actual CPI Change and the lesser of ten percent (10%) or the actual CPI Change. For example, if the actual CPI Cha nge is 1.5%, 359
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then the annual increase will be 2%, if the actual CPI Change is 3.5%, then the annual increase will be
3.5%, and if the actual CPI Change is 12%, then the annual increase will be 10%.
3.3. Fees for any travel and lodging expenses will be billed at cost and applied to all meetings (including implementation, training, operations and support).
3.4. Fees will be invoiced monthly to Client for Services performed during the prior month. Fees will be netted out of Client’s monthly revenue disbursement. Client will submit payment for any balance due to Consultant within 30 days of receiving the invoice
4. Payment Processing – Consultant will configure payment processing services to utilize either a taxpayer funded model (convenience fee) or Client funded model, as directed by Client. Client may switch between these models upon written request to Consultant. Fees for each of these payment processing models are detailed here.
4.1. Taxpayer funded model – Client authorizes Consultant to collect each convenience fee from the taxpayer at time of payment.
4.1.1. Credit and debit card processing – 2.9% of transaction amount, minimum of $2.00
4.1.2. ACH/eCheck processing - $1.25 per transaction
4.2. Client funded
4.2.1. Credit and debit card processing – 2.9% of transaction amount
4.2.2. ACH/eCheck processing - $0.50 per transaction
4.3. Returned payments/NSF fee – Each occurrence of a card chargeback, returned payment or insufficient funds will incur a fee of $25.00, to be applied to the taxpayers account.
4.4. Consultant reserves the right to review and adjust pricing related to payment processing services on an annual basis. Consultant will communicate any such adjustment to Client in writing, with 60 days advance notice. Items that will be considered in the review of fees may include, but are not limited to:
regulatory changes, card association rate adjustments, card association category changes, bank/processor dues and assessments, average consumer payment amounts, card type utilization, and costs of service. 360
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RESOLUTION NO. 2024-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE
EXAMINATION OF SALES AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. 73-47, the City of Escondido (“City”) entered into a contract with the California Department of Tax and Fee Administration ( “Department”) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, pursuant to California Revenue and Taxation Code (“Code”) section 7270, the City entered into a contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the City of Escondido dee ms it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales and use taxes collected by the Department for the City pursuant to that contract; and
WHEREAS, Section 7056 of the Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the Code establishes criminal penalties for the unlawful disclosure of informat ion contained in, or derived from, the sales or transactions and use tax records of the Department.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. That the above recitations are true.
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2. That the City Manager, City Attorney, Assistant City Manager, Deputy City Manager, Director of Finance, and Director of Economic Development, or other officer or employee of the City designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales and use taxes collected for the City by the Department pursuant to the contract between the City and the Department
3. The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales and use taxes by the Department pursuant to that contract.
4. That Hinderliter, de Llamas and Associates is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales and use taxes collected for the City by the Department. The person or entity designated by this section meets al l of the following conditions, which are also included in the contract between the City and Hinderliter, de Llamas and Associates:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information; c) is prohibited by that contract fr om performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired. 362
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5. That Hinderliter, de Llamas and Associates is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to any petition or appeal for the reallocation/redistribtuion of sales or transactions and use taxes that was filed by Hinderliter, de Llamas and Associates on behalf of the City pursuant to the contract between the Hinderliter, de Llamas and Associates and City. The person or entity designated by this section meets all of the following conditions, wh ich are also included in the contract between the City and the Hinderliter, de Llamas and Associates:
a) has an existing contract with the City to examine those sales or transactions and use tax records;
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information. c) is prohibited by that contract from performing consultin g services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.
6. That this resolu tion supersedes all prior resolutions of the City Council of the City of Escondido adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.
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RESOLUTION NO. 2024-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE DIRECTOR
OF FINANCE TO TERMINATE, ON BEHALF OF THE CITY, AN
AGREEMENT WITH MUNISERVICES, LLC FOR SALES AND
USE TAX CONSULTING SERVICES
WHEREAS, the City Council approved a consulting agreement between the City of Escondido and MuniServices, LLC on September 9, 1992, for Sales and Use Tax Consulting Services (“Agreement”); and WHEREAS, either Consultant or the City may terminate this Agreement upon thirty (30) days advance written notice.
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 Director of Finance is authorized to terminate the Agreement with MuniSerivces, LLC. pursuant to the terms of the agreement.
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BUDGET ADJUSTMENT
REQUEST
Department: City Manager’s Office
For Finance Use Only
BA # ____________
Fiscal Year _2025_
Department Contact: Jennifer Schoeneck
City Council Meeting Date:
(attach staff report) July 10, 2024
EXPLANATION OF REQUEST
Resolution No. 2024-62, authorizing the Mayor to execute a Consulting Agreement with Hinderliter, DeLlamas & Associates (“HdL”) for Sales and Use Tax, Business License, and Transient Occupancy Tax (TOT) Administration Consulting Services . Addition of a Full -Time Customer Service Representative position to the City Manager’s Office
BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number Amount of
Increase
Amount of
Decrease
City Manager’s Office – Reclassification
of Temporary Part-Time Department
Specialist to Full-Time Customer Service
Representative II
5001-001-002 74,570
5004-001-002 19,230
Implementation Costs 5131-001-002 10,000
APPROVALS
DEPARTMENT HEAD DATE FINANCE DATE
DocuSign Envelope ID: DEDDA1D2-EB91-4A53-B434-0C95744BE0C9 6/27/2024
6/27/2024
Attachment "1"
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Item8.
STAFF REPORT
July 10, 2024
File Number 0600-10; A- 3522
SUBJECT
CONSULTING AGREEMENT FOR PROPERTY TAX MANAGEMENT AND CONSULTING SERVICES
DEPARTMENT
Finance
RECOMMENDATION
Request the City Council adopt Resolution No. 2024-66, authorizing the Mayor to execute a Consulting Agreement with HdL Coren & Cone for Property Tax management and Consulting Services Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
ESSENTIAL SERVICE – No
COUNCIL PRIORITY – Eliminate Structural Deficit
FISCAL ANALYSIS
Over the last three years, sales and use tax averaged $36.1 million per year, approximately 29 percent of the City’s General Fund. In order to forecast revenues for financial planning and budget purposes, and to ensure the accurate allocation of property tax revenue , the staff recommendation is to contract with a third-party consultant. Compensation under this consulting agreement includes a combination of contingency based and fixed fee arrangements. HdL Coren & Cone offers two primary services related to property tax: property tax management services and property tax audit services. For property tax management, the fee for ongoing analysis, reports and access to the sales tax database is $ 24,000 annually. The fee for audit services is 25 percent of net tax revenues recovered for the City through the audits performed by the Consultant.
BACKGROUND
Historically the City has not engaged with a consultant for property tax management services. As part of the City's overall effort to operate within a balanced budget, a great deal of emphasis has been placed on ensuring that all revenues to which the Cit y is entitled are received, and that future revenues are accurately forecasted. Revenue, audit and recovery services are specialized in nature and require an in - depth knowledge of local and state government operations and legislation. 366
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In November 2023, s taff issued a Request for Proposal (“RFP”) from qualified consultants to provide a range of revenue monitoring and consulting services, including services for Property Tax. Proposals were received from HdL Coren & Cone and MuniServices LLC. Each proposal was evaluated and scored by staff from the Finance and Economic Development departments based on scoring criteria identified in the RFP:
background, consultant team and experience in similar organizations, three references of the consultant team, proposed plan for service, and value.
While both firms were qualified to perform the engagement, based on these criteria, staff concluded that HdL Coren & Cone is most highly qualified, would likely deliver the best services, and offered a superior proposal. HdL Companies has long-standing and documented success in audit recoveries, ability to meet project work plan and timelines, experienced and qualified staff, methodology that would be used to maximize City revenues, financial stability, available resources , competitive pricing, and revenue enhancement with City scope of work. Staff has completed its due diligence with comprehensive reference checks and all came back with positive comments and feedback.
HdL Coren & Cone is a statewide expert in property ta x data analysis, assisting many cities in San Diego County with monitoring, identifying, and reconciling local property taxes to the County records. HdL Coren & Cone will provide a database on the City’s network of all parcels, assessed values, sales and transfer of data, owner and situs information, and City revenue. In addition, they will provide annual written reports and analyses, calculations of estimated property tax revenue , development of historical trending reports, listing of filed property tax appeals, along with serving as the City’s resource on questions relating to property taxes.
RESOLUTIONS
a. Resolution No. 2024-66
b. Resolution No. 2024-66– Exhibit “A” – Consulting Agreement c. Resolution No. 2024-66– Attachment “A” to Exhibit “A” – Scope of Services
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RESOLUTION NO. 2024-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE, ON BEHALF OF THE CITY, A CONSULTING
AGREEMENT WITH HDL COREN & CONE FOR PROPERTY
TAX MANAGEMENT AND CONSULTING SERVICES
WHEREAS, the City of Escondido (“City”) desires to engage the services of a qualified consultant to provide Property Tax Management and Consulting Services; and WHEREAS, continuous monitoring, identification and correction of allocation errors and reporting deficiencies will help maximize property tax revenues; and WHEREAS, an effective review program can provide for more accurate budget forecasting and financial planning; and
WHEREAS, the City issued a Request for Proposal for revenue monitoring and consulting services; and
WHEREAS, the City received two timely responses to the Request for Proposal; and WHEREAS, HdL Coren & Cone was determined to be the most qualified consultant that provided the best value to the City; and
WHEREAS, this City Council desires at this time and deems it to be in the best public interest to approve said Agreement which is attached and incorporated to this Resolution as Exhibit “A” with Scope of Services as Attachment “A” to Exhibit “A”.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. That the above recitations are true.
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2. That the Mayor is authorized to execute , on behalf of the City, a Consulting Agreement with HdL Coren & Cone for property tax management and consulting services, which is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney’s Office.
3. That the City Manager retains the authority to approve amendments to the consulting agreement in an amount consistent with the Escondido Municipal Code.
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Resolution No. 2024-66
Exhibit “A”
Consulting Agreement (v2) - 1 - CAO:04/23/2024
CITY OF ESCONDIDO
CONSULTING AGREEMENT
This Consulting Agreement (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”),
Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Christina Holmes, Director of Finance
760-839-4620
("CITY")
And: HdL Coren & Cone
a California corporation
120 S. State College Blvd., Suite 200
Brea, CA 92821
Attn: David Schey
714-462-1656
("CONSULTANT").
(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the CITY has determined that it is in the CITY’s best interest to retain the professional services of a consultant to provide property tax management and information services; WHEREAS, CONSULTANT is considered competent to perform the necessary profess ional services for the CITY; and
WHEREAS, the CITY and CON SULTANT desire to enter into this Agreement f or the per - formance of the Services described herein.
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:
1. Description of Services. CONSULTANT shall furnish all of the Services described in the Scope of Work, which is attached to this Agreement as Attachment “A” and incorporated herein by this reference (“Services”).
2. Compensation. In exchange for CONSULTANT’s completion of the Services, the CITY shall pay, 370
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Resolution No. 2024-66
Exhibit “A”
Consulting Agreement (v2) - 2 - CAO:04/23/2024
and CONSULTANT shall accept in full, an amount not to exceed the sum of $24,000 per year plus applicable annually increases tied to the Consumer Price Index (CPI), for monthly Services provided pursuant to this Agreement, as described in Exhibit 1 of Attachment A. CONSULTANT shall also be compensated 25% of net tax revenues recovered for the CITY (Audit Fee), as a result, in whole or in part, of the audit services described in Attachment A. CONSULTANT shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent. If this Agreement is amended at any time, additional compensation of CONSULTANT contained in any subsequent amendments shall not exceed a cumulative total of 25% of the maximum payment provided for in this Section 2, unless approved by resolution of the City Council.
3. Performance. CONSULTANT shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement . CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other information furnished by CONSULTANT pursuant to this Agreement, except that CONSULTANT shall not be responsible for the accuracy of information supplied by the CITY.
4. Personnel. The performance of the Services by certain professionals is significant to the CITY. As such, CONSULTANT shall only assign the persons listed on Attachment “B” , attached to this Agreement and incorporated herein by this reference (“Personnel List”), to perform the Services.
CONSULTANT shall not add or remove persons from the Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a co mponent of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.
5. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONSULTANT with 10 days’ advance written notice. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONSULTANT, then CONSULTANT shall be compensated based on the work satisfa ctorily performed at the time of such termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the Services.
6. City Property. All original documents, drawings, electronic media, and other materials prepared by CONSULTANT pursuant to this Agreement immediately become the exclusive property of the CITY, and shall not be used by CON SULTANT for any other purpose without the CITY’s prior written consent.
7. Insurance Requirements.
a. CONSULTANT shall pro cure and maintain , at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, by CONSULTANT, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate. 371
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Resolution No. 2024-66
Exhibit “A”
Consulting Agreement (v2) - 3 - CAO:04/23/2024
(2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired (Code 8) and non -owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division. (3) Workers’ Compensation. Worker’s Compensation as requi red by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) Professional Liability (Errors and Omissi ons). Professional Liability ( Errors and Omissions) appropriate to CONSULTANT’s profession, with limits no less than $2,000,000 per occurrence or claim and $2,000,000 aggregate.
(5) If CONSULTANT maintains broader coverage and/or higher limits than the minimu ms otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONSULTANT. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy o n a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Primary Coverage. CONSULTANT’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CIT Y, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it. (4) Notice of Cancellation . Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONSULTANT shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONSULTANT shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONSULTANT hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONSULTANT, its agents, representatives, employees, and subcontractors.
372
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Resolution No. 2024-66
Exhibit “A”
Consulting Agreement (v2) - 4 - CAO:04/23/2024
(7) Self-Insurance. CONSULTANT may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONSULTANT shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONSULTANT’s (i) net worth and (ii) reserves for payment of claims of liability against CONSULTANT are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONSULTANT’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONSULTANT pur suant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONSULTANT executes this Agreement, CONSULTANT shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicabl e policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right , at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONSULTANT must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant t o this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including, but not limited to, a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement . In the event that CONSULTANT fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONSULTANT to stop work under this Agreement and/or withhold any payment that becomes due to CONSULTANT until CONSULTANT demonstrates complian ce with the insurance requirements in this Agreement.
8. Indemnification, Duty to Defend, and Hold Harmless.
a. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising out of, or in connection with CONSULTANT’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the sole negligence or willful misconduct of the CITY. b. CONSULTANT (including CONSULTANT’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No. R9 - 373
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Resolution No. 2024-66
Exhibit “A”
Consulting Agreement (v2) - 5 - CAO:04/23/2024
2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement. c. All terms and provisions within this Section 8 shall survive the termination of this Agreement.
9. Anti-Assignment Clause. Because the CITY has relied on the particular skills of CONSULTANT in entering into this Agreement, CONSULTANT shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assignment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective . Unless CONSULTANT assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONSULTANT shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.
10. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Ag reement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.
11. Independent Contractor . CONSULTANT is an independent contractor , and no agency or employment relationship is created by the execution of this Agreement.
12. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONSULTANT.
13. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONSULTANT concerning the subject of this A greement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or or al, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.
14. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.
15. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provision of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.
16. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.
17. Counterparts. This Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed signature page of this Agreement by electronic means, includi ng an attachment to an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.
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Resolution No. 2024-66
Exhibit “A”
Consulting Agreement (v2) - 6 - CAO:04/23/2024
18. Provisions Cumulative . The foregoing provisions are cumulative to, in addition to , and not in limitation of any other rights or remedies available to the CITY.
19. Notice. Any statements, communications , or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONSULTANT shall promptly provide the other Party with notice of any changes to such contact information.
20. Business License. CONSULTANT shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.
21. Compliance with Laws, Permits, and Licenses. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances , regulations, rules, and other legal requirements in effect during the term of this Agreement. CONSULTANT shall obtain any and all per mits, licenses, and other authorizations necessary to perform the S ervices.
Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
22. Prevailing Wages . If applicable, pursuant to California Labor Code section 1770 et seq. , CONSULTANT agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, code s, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The prevai ling rate and scale to be paid shall be the same as the applicable “ General Prevailing Wage Determination” approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference . Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.
23. Immigration Reform and Control Act of 1986. CONSULTANT shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONSULTANT represents and warrants that all of its employees and the employees of any subcontractor retained by CONSULTANT who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONSULTANT affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three d ays of employment and that only employees legally eligible to work in the United States will perform the Services. CONSULTANT agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.
24. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.
(SIGNATURE PAGE FOLLOWS)
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Resolution No. 2024-66
Exhibit “A”
Consulting Agreement (v2) - 7 - CAO:04/23/2024
IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:
CITY OF ESCONDIDO
Date: __________________ ___________________________________ Dane White, Mayor
HDL COREN & CONE
Date: __________________ ___________________________________ David Schey, Vice President
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
MICHAEL R. MCGUINNESS, CITY ATTORNEY
BY: __________________________
DATE: ________________
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.
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Resolution No. 2024-66
Exhibit “A”
Consulting Agreement (v2) - 8 - CAO:04/23/2024
ATTACHMENT “A”
Scope of Work
A. General
HdL Coren & Cone, a California corporation (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with property tax management and information services.
B. Location
Consultant to provide services at various locations including City Hall located at 201 N. Broadway, Escondido, CA, 92025 and Consultant’s office located at 120 S. State College Blvd, Suite 200, Brea, CA 92821.
C. Services
Consultant shall provide the services as described Attachment “A” to this Scope of Work, which is attached hereto and incorporated by this reference. In the event of a conflict between this Agreement (including this Scope of Work) and Attachment “A”, the terms of this Agreement shall prevail.
D. Scheduling
Consultant to schedule specific dates of work in advance by contacting Christina Holmes, Director of Finance at 760 -839-4620 or [email protected] Further instructions will be provided upon scheduling.
E. Contract Price and Payment Terms
The Consultant shall be compensated in an amount not to exceed $24,000 annually plus applicable annually increases tied to the Consumer Price Index (CPI), for monthly Services provided pursuant to this Agreement, as described in Attachment “A” to this Scope of Work. Consultant shall also be compensated 25% of net tax revenue recovered for the CITY (Audit Fee), as a result, in whole or in part, of the allocation audit and recovery services described in Attachment “A”. Consultant shall submit monthly invoices to the City, and the City shall pay Consultant for invoiced services within 30 days of receipt of an invoice.
F. Term
The term of this Agreement shall be from the Effective Date of the Agreement through June 30, 2027 (“Initial Term”). The City shall also have three one-year options to extend the Initial Term.
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Resolution No. 2024-66
Exhibit “A”
Consulting Agreement (v2) - 9 - CAO:04/23/2024
ATTACHMENT “B”
Personnel List
Pursuant to Section 4 of the Agreement, CONSULTANT shall only assign performance of Services to persons listed below.
1. David Schey, Vice President, [email protected], HdL Coren & Cone; and
2. CONSULTANT shall select Support Staff to assist in performing the services under the Agreement (“Staff”). The names, titles, and contact information of Staff will not be known until the services describ ed in Section C(3) of Attachment A (Scope of Work) to the Agreement commence. All Staff shall perform services under the direction and supervision of CONSULTANT. Upon selection of Staff, CONSULTANT shall provide the CITY with the name and email address o f each Staff selected to perform services under the Agreement.
Performance of services under the Agreement by the Staff shall be subject to the CITY’s prior written approval.
With the exception of Staff, CONSULTANT shall not add or remove persons from this Personnel List without the City’s prior written consent. If CONSULTANT has not designated a person to perform a component of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the City’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the City’s prior written consent.
Acknowledged by:
Date: __________________ ___________________________________ David Schey, Vice President
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A. Property Tax Services
Using HdLCC's custom software, a data set of all parcels in the City or Agency will be established. This data is prepared from the San Diego County Lien Date Rolls that is purchased annually in July. HdLCC updates the original County roll with any transfers in ownership, which have occurred between the lien date and the current month and updates the ownership information (name and mailing address), date of transfer, sale price, and document (deed) number monthly.
1. Audit Method and Approach
To achieve the highest audit and recovery results, HdLCC employs the following audit techniques and programs:
a. Identification and Correction of Errors
HdLCC has the technology, methodology and trained staff to analyze all secured parcels and unsecured assessments within the City and Successor Agency to identify costly errors resulting in the misallocation of property taxes.
The company has the ability to audit the secured and unsecured property tax rolls two ways, first reviewing the entire county to find parcels miscoded to other jurisdictions; and second, reviewing the parcels within the city, county or agency to ensure that each is coded to the appropriate taxing entity. To date, we have recovered in excess of $100 million in net revenue for our client agencies in 44 counties statewide. Our advanced technology, accuracy and track record have placed us in a unique position to be hired by cities to find additional revenues after audits have been performed by prior consultants. In addition, by filing audit results with the County Assessor in a timely manner, we can assure that the repetitive errors from previous years will no t continue.
Upon approval of the contract, the company will perform an analysis of the Assessor Rolls to identify all parcels on both the secured and unsecured tax rolls and verify that parcel assessed valuations and the resulting taxes are correctly allocated to the City or its Successor Agency. This analysis is accomplished through the use of specialized computer software, assessor maps, city GIS maps, city records, other pertinent documents, and field investigations. The review will include the lien date secured and unsecured data for the current tax year as well as historical data back for a total of two (2) tax years and be performed no less than every other year. b. Reports and Analytical Services
HdLCC furnishes a variety of reports detailing property and revenue trends for the entire city and for custom defined geographic areas. These reports can be used for budgeting purposes, planning, economic development and public information. Among the rep orts available are top 25, 50, 100 -property owner/taxpayer listings, multiple ownership properties, non -owner occupied parcels, identification of property ownership transfers for tracking of reassessments. We also provide the City with quarterly reports of successful, pending and historical assessment appeals.
HdL Coren & Cone will reconcile the annual Auditor/Controller Assessed Valuations Report and will furnish a breakdown of assessed values within the City and Successor Agency .
The identification of escaping revenue through the use of property tax data sets has been a targeted focus for HdLCC during the past 30 years. With the reduction of tax revenues through legislated Educational Revenue Augmentation Fund (ERAF), cities, coun ties, agencies and special districts have been focusing on ways to increase the limited resources already stretched thin. The unsecured roll contains property owners which, when matched with a business license data set can be used to identify escaping rev enues. For instance, property leased to businesses in your jurisdiction is taxed to the lessor of the property. We find that frequently, the lessors are not properly registered with a city business license. When notified and properly licensed, these businesses will generate additional revenue for the city.
The use of the secured roll will assist in identifying owners of rented residential, commercial, or industrial pr
operties that do not have a business license with the City should one be required.
Resolution No. 2024-66
Attachment "A" to Exhibit "A"
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Th
e company will provide the following reports based on the current year lien date rolls and will provide the reports annually, quarterly or monthly as appropriate: Reports are also available from prior years if requested. • A fi
ve-year history of the values within the City, and custom (city defined) geographic areas;
• A listing of the largest value changes, positive and negative between tax years;
• An annual parcel listing of properties with parcel number changes between tax years identifying parcel splits and combines; • A listing of the major property owners for the City including the combined assessed values of their property and property use code designation;
• A listing and summary of property transfers which occurred since the lien date ordered by month;
• A listing of parcels that have not changed ownership since the enactment of Proposition 13;
• A comparison of property within the City by county use -code designation;
• A multiple year comparison of growth by use code designation over a 5-year period;
• A listing by parcel of new construction activity to identify non - residential parcels with new construction activity and to provide reports for use in the City's preparation of Proposition 4 and 111 State Appropriation Limit calculations;
• A listing of absentee owner parcels;
• Calculate an estimate of property tax revenue anticipated to be received for the current fiscal year by the City based upon the initial information provided by the County and subject to modification.
This estimate shall not be used to secure the indebtedness of the City.
• Analyses based on geo areas designated by the City to include assessed valuations and square footage computations for use in economic analysis and community development planning.
• Tracking of Proposition 8 reductions and restorations • Median sale price data for current year and prior years for comparison
• One and five -year budget projections for the city general fund , Successor Agency, special districts, and Vehicle License Fee in Lieu revenues.. This report is interactive for tax modeling. • Newsletter summary for public and elected distribution.
Resolution No. 2024-66
Attachment "A" to Exhibit "A"
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c. Information Provided Quarterly or Monthly
• HdL Coren & Cone prepares reports including a listing of property tax appeals filed on properties in the city and former RDA project areas. These reports are prepared for both the City General Fund and Successor Agency and include a history of all appeals filed; the disposition of those appeals, successful appeals, pending appeals, and a report to assist the City/Successor Agency in determining the potential impact of pending appeals.
• A listing of property transfers that have occurred since the last report will be available through the software provided and updated on a monthly basis. This data will include the new owner/seller of the property, new mailing address if not the situs addre ss, the date of sale, the sale price when verified, document number, and transaction type.
• The average and median single family sale price report is sent to all clients quarterly and includes the same data for all client agencies within the same County.
d. Property Tax Application and Database
HdLCC provides a web-based software application to clients as a user-friendly tool to access the City’s property tax data. HdLCC provides updates to the data portion of the product on monthly basis to reflect changes in ownership, updated appeals filings, and deed recordings.
As modifications and enhancements are made to the program, clients receive the enhanced version of the software at no additional cost.
Training will be provided to city staff within the first two months after the execution of the agreement for property tax management and audit services and is available annually for new staff members or staff requiring a refresher course. If additional training sessions are required, the fees in the compensation section under hourly fees will be charged.
The help manual available within the program is easy to navigate and user friendly. HdLCC staff is available Monday through Friday, 8 a.m. to 5 p.m. to answer questions and assist staff on the use of the software.
Assistance is available either by phone or via email.
The City will be granted a site license for the application, providing no limit to the number of users. HdLCC will not charge an annual maintenance fee for the software program. Periodically, as the program changes and product enhancements are developed, upgrades or new releases of the software are issued at no additional cost to the client.
Resolution No. 2024-66
Attachment "A" to Exhibit "A"
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e. Successor Agency Services
Successor Agency Services including but not limited to:
• Annual tax increment projections and, as requested, cash flow analysis for the Successor Agency by Project Area.
• Review of Redevelopment Obligation Payment Schedules (ROPS) as requested. • Provide property tax information to the Oversight Board at the direction of the Successor Agency . • Provide access to the Oversight Board to City and former redevelopment agency documents at the direction of the Successor Agency.
• Monitor the County distribution of tax -sharing revenues to the taxing entities of the former redevelopment agency.
• Advice and consultation on the City/Successor Agency’s preparation of required reports, such as revenue projections; review of Recognized Obligation Payment Schedules (ROPS), submittals to the Oversight Board and/or County or State agencies, and new or revised legislative requirements. • Analysis of legislative and judicial matters impacting Redevelopment Property Tax Trust Fund (RPTTF) revenues to the Successor Agency and to the City.
Resolution No. 2024-66
Attachment "A" to Exhibit "A"
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f. Proposed Work Plan/Staffing Schedule
The methodology that the company follows in identifying, correcting and recovering property tax errors includes the following:
Task I Establishment of County Data Set
Task II Identify and Correct Errors
Task III Prepare Reports
Task IV Ongoing Analysis
During the term of the contract, we serve as the resource staff to the City on questions relating to property tax. This includes being "on- call" to assist with any property tax issues. On-going consultation would include, but not be limited to inquiries resolved through use of the City data base. All requests for information based upon the County’s property tax data sets are provided without additional costs. Special reports, additional research, or requests requiring additional computer programming may entail some additional costs. Attendance at City and/or Successor Agency meetings will be billed at our hourly rates. Optional services will only be provided upon written notice to proceed by the City.
Timeline for Property Tax Analysis and Audit Services
• County assessment rolls are purchased annually in July. • The property data program will be available for access via the internet within 30 days of the execution of the agreement. Parcel data will be updated monthly to include the most current ownership information due to parcel transfers.
• The first secured audit will be performed and submitted to the Assessor no later than 60 days from the date of the contract. Future audits will be performed no less than once every two years and submitted no later than March 1
st.
• The unsecured audits for the City will be completed and submitted to the County Assessor for corrective action within 120 days of receipt of county rolls. The City will receive file copies of submittals simultaneous with submissions to the County Assessor.
• Data collection from the county assessor's and auditor controller's offices for reports is performed in August and September each year and preliminary reports will be delivered to the City prior to the end of January annually.
• The final tax ratio percentages are available from the auditor controller's office annually in February/March. Final reports will be prepared and delivered prior to the end of April annually.
g. Legislative Updates
HdLCC monitors and reports on issues related to property tax and coordinates with City Staff in connection with passed and potential property tax legislation and regulations.
h. Consultation
Annual reports presented by a principal or associate of the firm to any City staff member interested in the detailed analysis including property tax revenue estimates performed by HdLCC of the City’s annual property Resolution No. 2024-66
Attachment "A" to Exhibit "A"
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assessed values released by the assessor. Since property data is not confidential, these reports can be shared with staff. Understanding the budget implications of the data released in late summer and presented in late Fall is timely for mid-year budget reviews.
HdLCC also serves as the City’s property tax staff for consultation and questions related to budgeting, revenue collection, the mechanics of property tax allocation and potential changes in the legislation that may impact local agencies. Training is provided free of charge on the use of the web -based software which is updated monthly with ownership changes and appeal information where available.
Resolution No. 2024-66
Attachment "A" to Exhibit "A"
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Based on the number of parcels within Escondido (35,399), our standard fixed fee (the “Base Fixed Fee”) for property tax services is $6,000 per quarter, ($24,000 per year). The Base Fixed Fee shall be adjusted annually by the California Consumer Price Index (CCPI) California All Urban Consumers index for all items as determined by the California Department of Industrial Relations as measured from February to February.
In addition to the Base Fixed Fee, we will receive a contingent fee of 25% of net tax revenues recovered for the City through the audits we perform. Net tax revenues mean the taxes received by the City through our audit efforts.
Work that is requested by the City that is beyond the scope of services in this proposal shall be charged on a time and material basis. No work shall be performed without prior written approval by the City. Fees for these services are as follows:
Hourly Rate
Partner $250
Principal $225
Programmer $200
Associate $175
Senior Analyst $125
Analyst $90
Administrative $70
A. Property Tax Services
B. Additional Services
Resolution No. 2024-66
Attachment "A" to Exhibit "A"
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STAFF REPORT
July 10, 2024
File Number 0680-20
SUBJECT
CONTINUING REPAIR OF THE EMERGENCY REPAIR OF THE ESCONDIDIO TRUNK SEWER MAIN
DEPARTMENT
Utilities Department
RECOMMENDATION
Request the City Council adopt Resolution No. 2024-94, declaring that pursuant to the terms of Section 22050 of the California Public Contract Code, the City Council finds there is a need to continue the emergency repair of the Escondido Trunk Sewer Main. The resolution, which must be passed by four - fifths vote, also declares that public interest and necessity demand the immediate expenditure to safeguard life, health, or property.
Staff Recommendation: Approval (Utilities: Angela Morrow, Director of Utilities) Presenter: Stephanie Roman, Principal Engineer
ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Sewer COUNCIL PRIORITY –Improve Public Safety
FISCAL ANALYSIS
Funding for this emergency trunk sewer main work is available in the Wastewater Enterprise fund.
PREVIOUS ACTION
On June 26, 2024, the City Council adopted Resolution No. 2024-86, ratifying Proclamation No. 2024-02, affirming that it was appropriate for City staff to forego competitive bidding proc edures and work with contractors for the necessary emergency repairs of the failing trunk sewer main.
BACKGROUND
The City’s trunk sewer mains, constructed in the 1950’s, are a critical and integral part of the City’s wastewater system. On June 17, 2024, during routine closed -circuit television inspection, Utilities Staff identified multiple failed and severely deteriorated sections of 21-inch trunk sewer main. In order to act quickly to avoid catastrophic failure, a local emergency was proclaimed on June 20, 2024, by the City 386
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Manager, serving as the Director of Emergency Services. This allowed staff to work directly with contractors to address the necessary repairs to the failing trunk sewer main.
Over the last several weeks, Utilities Staff have continued and completed video inspection and analysis of adjacent portions of the previously identified failed trunk sewer main on June 17, 2024. A comprehensive scope of work, consisting of approximately 6,500 linear feet of existing trunk main ranging in size from 18- inch to 24-inch, has been finalized and categorized into three separate scopes of work shown in Figure 1 below and described as follows: 1) Harding Street to Ash Street - paralleling the Escondido Creek; 2) Beech Street to Grape Day Park - paralleling the Escondido Creek, traversing a short section of North Hickory Street, then continuing in East Pennsylvania Street from North Hickory and extending into Grape Day Park; 3) Centre City Parkway to Norlak Avenue - traversing through Fire Station #1, traversing a short section of North Quince Street, then continuing in Norlak Avenue. Due to the increased size of this emergency project, staff may use multiple contractors to complete the work. The comprehensive scope of work outlined above ha s been provided to multiple contractors to obtain not -to-exceed costs and estimated schedules to complete the necessary repairs.
Figure 1
Utilities Staff continue to coordinate with contractors, franchise utilities, the public, and other City departments.
RESOLUTIONS
a. Resolution 2024-94
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RESOLUTION NO. 2024-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, FINDING THAT AN
EMERGENCY CONTINUES TO REQUIRE THE IMMEDIATE
REPAIR OF THE ESCONDIDO TRUNK SEWER MAIN
WHEREAS, the City Council recognizes that the City’s trunk sewer main pipeline previously identified between North Date Street and North Broadway is at risk of imminent, catastrophic failure; and WHEREAS, over the last several weeks , the project has evolved as Utilities Staff ha s continued closed-circuit television inspection of adjacent portions of the previously identified failed trunk sewer main; and
WHEREAS, additional closed-circuit television inspection and analysis is now complete and a comprehensive scope of work has been finalized to encompass failed and severely deteriorated trunk sewer main ranging in size from 18-inch to 24-inch in the following three sections:
1) Harding Street to Ash Street - paralleling the Escondido Creek 2) Beech Street to Grape Day Park - paralleling the Escondido Creek, traversing a short section of North Hickory Street, then continuing in East Pennsylvania Street from North Hickory and extending into Grape Day Park
3) Centre City Parkway to Norlak Avenue - traversing through Fire Station #1, traversing a short section of North Quince Street, then continuing in Norlak Avenue; and WHEREAS, Utilities Staff has provided the comprehensive scope of work defined above to multiple contractors to obtain not -to-exceed costs and estimated schedules to complete the necessary repairs ; and
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WHEREAS, pursuant to the approval of Resolution No. 2024-86 on June 26, 2024, the City Council previously found that this risk constitutes an emergency and found it appropriate for Utilities Staff to proceed to contract services without adopting plans, specifications, working details, or giving notice of bids to award contracts; and
WHEREAS, pursuant to Section 22050 of the Public Contract Code, the City Council must review the emergency action every 14 days , or its next regularly scheduled meeting, and determine by a four- fifths vote there is a need to continue the action; and WHEREAS, this City Council desires at this time and deems it to be in the best public interest to continue the emergency action.
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 finds the failure of the trunk sewer main continues to be a public health and safety emergency; that this emergency will not permit the delay that would result from a competitive bidding process; and that the proposed act ion and expenditure is still necessary to respond to the emergency requiring immediate repair of the trunk sewer main.
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ORDINANCE NO. 2024-06
AN ORDINANCE REPEALING SECTION 17-8 OF CHAPTER
17, ARTICLE 1, OF THE ESCONDIDO MUNICIPAL CODE
AND ADDING NEW SECTIONS 17-8.1 THROUGH 17 -8.7
TO CHAPTER 17, ARTICLE 1, RELATING TO REGULATING
ENCAMPMENTS ON PUBLIC PROPERTY
WHEREAS, the City of Escondido is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries of the City; and WHEREAS, the City Council of the City of Escondido (“City Council”) finds that certain public lands within the City's geographical boundaries pose significant health and safety hazards to people who make shelter or stay overnight in these areas; and
WHEREAS, the City Council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity; and WHEREAS, the City Council is committed to protecting the rights of individuals who cannot obtain shelter and to treating their personal property with respect and consideration and therefore desires to update the Municipal Code to conform to current federal and state constitutional and statutory law; and WHEREAS, the City has adopted a Homeless Policy, which outlines the City’s considered approach to dealing compassionately and effectively with the myriad of issues surrounding homelessness; and WHEREAS, City streets, sidewalks, and parks are intended for safe and sanitary shared use by a diverse communi ty of users including businesses, government, and the general public for gathering, recreating, movement of people, maintenance, and cleaning, and are frequently used by people relying on a variety of mobility devices; and
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STAFF REPORT
July 10, 2024
File Number 0480-45
SUBJECT
ADOPTION OF CHANGES TO THE USER AND REGULATORY FEE SCHDULE
DEPARTMENT
Finance
RECOMMENDATION
Request the City Council adopt Resolution No. 2024 -72 approving adjustments to the City’s User Fee Schedule and authorize annual inflationary adjustments to fees in between comprehensive studies.
Staff Recommendation: Approval (Finance: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
ESSENTIAL SERVICE – Yes, Police Services; Fire/EMS Services; Keep City Clean for Public Health and Safety; Land Use/Development; Clean Water; Sewer; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces
COUNCIL PRIORITY – Eliminate Structural Deficit;
FISCAL ANALYSIS
This item includes an updated fee schedule proposed for adoption by the City Council , based on a user and regulatory fee study that commenced in FY 2023/24. If updated fees are adopted, staff recommends an effective date of September 15, 2024, for fee changes. For development -related fees a minimum of 60 days is required between the date of fee adoption and the effective date of any new or increased fees.
If the amended fees proposed (Exhibit “A”) are adopted by the City Council, the anticipated fiscal impact of the proposed fee changes is approximately $ 2,601,020 assuming no change in demand for these services.
PREVIOUS ACTION
On June 7, 2023, staff provided the FY2023/24 operating budget workshop which presented the projected General Fund budget deficit and provided scenarios for the programs and services to consider for elimination when all available one-time funds and reserve balances are depleted.
On September 27, 2023, City Council participated in a Visioning and Structural Deficit Strategy Workshop where they identified the City’s Essential Services, Council Priorities, and provided direction on revenue options for staff to investigate.
On May 22, 2024, staff provided the Preliminary FY2024/25 Operating Budget Workshop. 391
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On June 5, 2024 , City Council received the results of a User and Regulatory Fee Study prepared by ClearSource Financial Consulting.
On June 19, 2024, a Public Hearing for the adoption of the FY2024/25 Operating Budget Workshop was held. City Council directed Staff to return to Council a fee schedule that adjusted all direct benefit user fees to full cost recovery in year 1 and Recreat ion Program fees to the top of the market or to full cost recovery.
BACKGROUND
On June 5, 2024, a User and Regulatory Fee Study Workshop was held. City Council was provided with the results of a User Fee Study prepared by ClearSource Financial Consulti ng. Based on feedback from the City Council on June 5, two additional fee schedules were brought back to the City Council at a Public hearing on June 19, 2024.
Option 1 adjusted all direct benefit user fees to 100 percent full cost recovery in year 1 . Direct Benefit Fees include Building, Planning, Engineering, Development Technology, Long -Range Planning, Fire Prevention, and Facility Rentals. Recreation program fees were moved to full cost recovery or the top of the market. If there is no comparator for a specific fee, the fee was increased by 10 percent to step closer to full cost recovery. Recreation program fees would increase to full cost recovery in year 2.
Option 2 adjusted all direct benefit user fees to a minimum of 80 percent of full cost recovery in year 1 and 100 percent full cost recovery by year 2. Recreation fees have been adjusted to be closer to full cost recovery, but within the regional comparisons.
At the public hearing on June 19, 2024, City Council directed staff to return with a fee schedule that is full cost recovery for all direct benefit fees and to adjust Recreation Program fees as noted in Option 1 above.
However, staff will return to the City Council at a future date to review the Recreation Program fees further and determine next steps for fee adjustments after year 1.
RESOLUTIONS
a. Resolution No. 2024-72
b. Resolution No. 2024-72 – Exhibit “A” – Schedule of User and Regulatory Fees
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RESOLUTION NO. 2024-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, ADOPTING FEES FOR CERTAIN
SERVICES AND PERMITS AND THE REMOVAL OF FEES FOR
SERVICES NO LONGER USED
WHEREAS, the City of Escondido (“City”) charges user fees (“User Fees”) for services and permits (“Services”); and
WHEREAS, current service User Fees charged for the City's Services do not adequately recoup the City's costs of providing certain Services and thus, a significant amount of these costs are currently pa id out of the City's general fund and, therefore, borne by the general public; and WHEREAS, City staff has conducted an extensive analysis of its Services, the costs actually and reasonably borne by the City in provided those Services, the beneficiaries o f those Services, and the revenues produced by those paying User Fees and charges for special Services. Based on the ClearSource Financial Consulting User Fee Study and the updated information, City staff recommends increases in certain existing fees, addition of new fees and removal of fees no longer required; and WHEREAS, pursuant to California Law, the City is empowered to impose fees covering up to 100 percent of the actual costs of providing Services to applicants; and WHEREAS, California Law allows local agencies to charge fees for various activities as long as those fees do not exceed the estimated reasonable costs of provided the service for which the fee is intended; and
WHEREAS, California Government Code Section 66016 requires notice to be given and data made available at specified times prior to the adoption of increases in existing rates, fees, and charges, or the 393
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adoption of new rates, fees, and charges for use permits and building inspections sometime hereinafter at a public meeting of this City Council; and
WHEREAS, California Government Code Section 66018 requires notice to be published in accordance with California Government Code Section 6062a and data made available concerning rates, fees, and charges prior to conducting a public hearing with respect to the adoption of increases in rates, fees, and charges, or the adoption of new rates, fees, and charges for which no other procedure is provided by law; and
WHEREAS, pursuant to State law, the City Council has conducted and conclu ded a duly noticed public hearing with respect to the rates, fees, and charges prior to the adoption of this Resolution; and WHEREAS, the City Council desires that annually the City Manager, or City Manager designee, may update the fees baed on the prior year annual percentage change in the Consumer Price Index (“CPI”) adjustments as measured in San Diego County for a given year. If the CPI does not change or goes down in a given year, no change shall be made to the fee schedule that year unless a public hearing is held to consider amendment of fees; and
WHEREAS, the City Council desires at this time and deems it to be in the best public interest to adopt the adjustments in certain existing User Fees and add new User Fees, as presented in Exhibit “A,” which is attached to this Resolution and incorporated by this reference as though fully set forth herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. That the above recitations are true.
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2. The City Council finds that providing City Services is of special benefit to applicants both separate and apart from the general benefit to the public . Therefore, in the interests of fairness to the general public, the City desires to better recover the costs of providing these Services from applicants who have sought the City's Services by revising its schedule of fees. The City User Fees are initially based upon the information contained in the ClearSource Financial Consulting User Fee Study to reflect the actual costs incurred by the City in providing these Services.
3. That the City Council approves the City User Fees contained in Exhibit “A.”
4. That the City User Fees shall be effective on September 15, 2024.
5. It is the desire of the City Council that all fees and charges for Services, programs or products be set forth in one document for ease of reference. Accordingly, any and all provisions of prior Resolutions of the City Council establishing or modifying fee s for the Services, programs or products set forth in Exhibit “ A,” are hereby repealed and replaced as of the effective date of this Resolution in the manner set forth in Exhibit “A;” provided, however, that such repeal shall not excuse or affect the failure of any person or entity to pay any fee heretofore imposed upon such person or entity. The City Council desires to clarify that in adopting this Resolution, it is taking action only on those User F ees for the Services, programs or products set forth in Exhibit “A,” which have been modified from prior resolutions of the City Council or are established as new fees. The remaining fees that have not been modified from prior resolutions shall remain in full force and effect.
6. Environmental Exemption. The adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA,” Public Resources Code Sections 21000 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of City departments, as set forth in Public Resources Code Section 21080(b)(8)(A). 395
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City of Escondido
User and Regulatory Fee Study
Building Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description Total
Hourly
Rate Cost of Svc Current Fee
Current Est. Cost
Recovery
Proposed Cost
Recovery Proposed Fee Note
1 HVAC Change-Out - Residential 1.00 x $176 = $176 varies varies 100% $176 2 Water Heater Change-Out - Residential 0.75 x $176 = $132 varies varies 100% $132 3 Residential Re-Roof
a) Without Plan Review Required 1.50 x $176 = $264 varies varies 100% $264 b) With Plan Review Required 2.25 x $176 = $396 varies varies 100% $396 4 Siding Replacement 1.00 x $176 = $176 varies varies 100% $176 5 Service Panel Upgrade - Residential 1.00 x $176 = $176 varies varies 100% $176 6 Battery Backup Storage 1.00 x $176 = $176 varies varies 100% $176 7 Electric Vehicle Charger 1.00 x $176 = $176 varies varies 100% $176 8 Electrical and Irrigation Pedestals per pedestal 1.00 x $176 = $176 varies varies 100% $176 9 Generator 1.00 x $176 = $176 varies varies 100% $176
10 Residential Solar Photovoltaic System - Solar Permit a) 15kW or less 1.75 x $176 = $308 varies varies $308 [a] b) Above 15kW varies varies $450 base fee, plus $15 per kW for each kW above 15kW
[a]
11 Commercial Solar Photovoltaic System - Solar Permit
a) 50kW or less varies varies $1,000 [a]
b) 50kW – 250kW varies varies $1,000 base fee, plus $7 per kW for each kW above 50kW
up to 250kW
[a]
c) Above 250kW varies varies $2,400 base fee, plus $5 per kW for each kW above 250 kW
[a]
12 Pool Solar 1.00 x $176 = $176 varies varies 100% $176 13 Swimming Pool Replaster / Equipment Change-Out 2.00 x $176 = $352 varies varies 100% $352 14 Swimming Pool Remodel (e.g., Changing Pool Shape,
Adding Cabo Shelf, etc.)
4.00 x $176 = $704 varies varies 100% $704
15 Residential Voluntary Seismic Retrofit 1.50 x $176 = $264 varies varies 100% $264 16 Retaining Wall
a) One Type of Retaining Wall Type/Configuration 2.00 x $180 = $360 varies varies 100% $360 b) Each Additional Wall Type/Configuration 1.00 x $180 = $180 varies varies 100% $180 1 Resolution No. 2024-72
Exhibit "A"
396
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City of Escondido
User and Regulatory Fee Study
Building Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description Total
Hourly
Rate Cost of Svc Current Fee
Current Est. Cost
Recovery
Proposed Cost
Recovery Proposed Fee Note
17 Window / Sliding Glass Door - Retrofit / Repair
a) Up to 5 1.00 x $176 = $176 varies varies 100% $176
b) Per Window Over 5 Windows 0.20 x $176 = $35 varies varies 100% $35 18 Fences Requiring a Building Permit 1.00 x $176 = $176 varies varies 100% $176 [a] Total fees shall not exceed amounts outlined in California Government Code 66015(a)(1). 2 Resolution No. 2024-72
Exhibit "A"
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City of Escondido
User and Regulatory Fee Study
Building Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description
Est. City Staff
Labor Hrs
Fully-
Burdened
Hourly
Est. Cost
of Service
Current
Fee
Current
Cost
Recovery Proposed Fee
Proposed
Cost
Recovery Notes
1 Building Plan Check Fees - Building
a) Plan Review Fee, if applicable 75% 75% 100% [a]
b) Expedited Plan Check - At Application Submittal
(when applicable)
1.5x standard
plan check fee
1.5x standard plan check fee 100%
c) Tract Home / Master Plan Construction (Production
Units)
20% 20% of standard plan check fee 100% [b]
d) Alternate Materials and Materials Review (per
hour)
1.00 x $176 = $176 $176 100%
e) Excess Plan Review Fee (4th and subsequent) (per
hour)
1.00 x $176 = $176 $176 100%
f) Revisions to an Approved Permit (per hour) 1.00 x $176 = $176 $176 100% g) Deferred Submittal (per hour) 1.00 x $176 = $176 $176 100% [a] Includes up to three plan checks. The City will bill hourly for additional plan review required. [b] For identical buildings built by the same builder on the same lot or in the same tract and for which building permits are issued at the same time. 3 Resolution No. 2024-72
Exhibit "A"
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City of Escondido
User and Regulatory Fee Study
Building Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description
Est. City
Staff
Labor Hrs
Fully-
Burdened
Hourly
Est. Cost
of Service
Current
Fee
Current
Cost
Recovery Proposed Fee
Proposed
Cost
Recovery
1 Permit Processing Fee 0.42 x $176 = $73 $73 100%
2 General Plan Maintenance Fee (% of permit fee) 16.73% 5% 30% 3 Technology Fee (% of plan review and permit fee) 5.37% 5% 93% 4 Strong Motion Instrumentation (SMI) Fee Calculation
a) Residential $0.50 or valuation x
.00013
b) Commercial $0.50 or valuation x
.00028
5 Building Standards (SB 1473) Fee Calculation (Valuation) a) $1 - $25,000 $1
b) $25,001 - $50,000 $2
c) $50,001 - $75,000 $3
d) $75,001 - $100,000 $4
e) Each Add'l $25,000 or fraction thereof Add $1
6 Temporary Certificate of Occupancy (per 30 Days) 1.50 x $176 = $264 $264 100% 7 Permit Extension 1.00 x $176 = $176 $176 100%
8 Permit Reactivation Fee
a) Reactivation Fee if All Inspections Have Been Performed and Approved Up to But Not Including Final Inspection
1.00 x $176 = $176 $176 100%
b) Reactivation Fee - All Other Scenarios
i) Permit Expired Up to One Year 50% of Original Base
Building Permit Fee
ii) Permit Expired More than One Year 100% of Original
Base Building Permit
Fee
9 Permit Reissuance Fee 0.50 x $176 = $88 $88 100%
10 Damaged Building Survey (Fire, Flood, Vehicle Damage, Etc.) (per hour)
1.00 x $176 = $176 $176 100%
4 Resolution No. 2024-72
Exhibit "A"
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Item12.
City of Escondido
User and Regulatory Fee Study
Building Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description
Est. City
Staff
Labor Hrs
Fully-
Burdened
Hourly
Est. Cost
of Service
Current
Fee
Current
Cost
Recovery Proposed Fee
Proposed
Cost
Recovery
Other Fees
11 After Hours Inspection (per hour) (4-hour minimum) 1.20 x $176 = $211 $211 100% 12 Re-inspection Fee (2nd Time or More) (each) 0.50 x $176 = $88 $88 100% 13 Missed Inspection Fee 0.50 x $176 = $88 $88 100%
14 Duplicate Copy of Permit 0.17 x $176 = $29 $29 100%
15 Duplicate Copy of Certificate of Occupancy 0.17 x $176 = $29 $29 100% 16 Fees for Services Not Listed in this Fee Schedule (per 1/2 hour) 0.50 x $176 = $88 $88 100% Violation Fees
17 Investigation Fee For Work Done Without Permits
(In addition to applicable permit fees)
equal to permit fee
2x permit
[a] Reinspection fee applies after the first re-inspection. 5 Resolution No. 2024-72
Exhibit "A"
400
Item12.
City of Escondido
USER AND REGULATORY FEES - BUILDING FEES
Total Valuation Fee
$1 to $2,000 $176
$2,001 to $25,000 $176 for the first $2,000 plus $11.48 for each add'l $1,000 or fraction thereof, to and including $25,000
$25,001 to $50,000 $440 for the first $25,000 plus $14.08 for each add'l $1,000 or fraction thereof, to and including $50,000
$50,001 to $100,000 $792 for the first $50,000 plus $19.36 for each add'l $1,000 or fraction thereof, to and including $100,000
$100,001 to $500,000 $1,760 for the first $100,000 plus $11.44 for each add'l $1,000 or fraction thereof, to and including $500,000
$500,001 to $1,000,000 $6,336 for the first $500,000 plus $5.63 for each add'l $1,000 or fraction thereof, to and including $1,000,000
$1,000,001 and up $9,152 for the first $1,000,000 plus $4.51 for each additional $1,000 or fraction thereof over $1,000,000
For permits requiring plumbing, electric, or mechanical review, the following percentages shall be added to the base permit fee Mechanical inspection fees = Base permit fee x .10
Determination of Valuation for Fee-Setting Purposes
● Project valuations shall be based on the total value of all construction work, including all finish work, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Final building permit valuation shall be set by the Building Official. For determining project valuations for new construction, the Building Official may use data published by the International Code Council (ICC) (building valuation data table, typically updated in February and August of each year). The final building permit valuation shall be set at an amount that allows the City to recover its costs of applicant plan check, permit and inspection activities.
Note: For construction projects with permit fees calculated using Section B, additional fees apply for permit issuance. Additional fees may apply for services provided by other City Departments (e.g. Planning Review), and Fees Collected on Behalf of Other Agencies (e.g. State of California). Additional fees apply for plan review, when applicable.
B. Permit Fee for New Buildings, Additions, Tenant Improvements, Residential Remodels, and Combined Mechanical, Electrical, and/or Plumbing Permits
Plumbing inspection fees = Base permit fee x .10
Electrical inspection fees = Base permit fee x .10
6 Resolution No. 2024-72
Exhibit "A"
401
Item12.
City of Escondido
User and Regulatory Fee Study
Planning Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description
Est. Labor
Hours Hourly Rate
Est. Cost
of Svc Current Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
General Services and Applications
1 Pre-Application Consultation (no charge for initial
meeting)
13.00 x $160 = $2,080 $649 31% $2,080 100% meeting $1,431 221% 2 Research Fee 2.75 x $160 = $440 $92 21% $440 100% hour $348 380% 3 Zoning Consistency Letter 3.75 x $160 = $600 $156 26% $600 100% letter $444 285% 4 Non-Conforming Use Determination Letter 4.50 x $160 = $720 $322 45% $720 100% letter $398 124% 5 Third Review Fee (Continuing Review Cycles) 33% of
Original
Permit Fee
33% of
Original
Permit Fee
each
Land Use Review - Agreements
6 Agriculture Operations Permit 5.75 x $160 = $920 $459 50% $920 100% each $461 100% 7 Development Agreement (Fee plus Deposit) 24.50 x $160 = $3,920 $3,008 77% $3,920 100% each $912 30% 8 Lot Tie 4.00 x $160 = $640 $337 53% $640 100% agreement $303 90% 9 Model Home Permit 4.50 x $160 = $720 $434 60% $720 100% each $286 66% 10 Off-Site Construction Staging Area 5.25 x $160 = $840 $476 57% $840 100% each $364 76% Land Use Review - Building or Site Design
Review
11 Administrative Adjustment 13.75 x $160 = $2,200 $1,009 46% $2,200 100% adjustment $1,191 118% 12 Design Review - Minor 7.00 x $160 = $1,120 $489 44% $1,120 100% review $631 129% 13 Design Review - Major 10.00 x $160 = $1,600 $811 51% $1,600 100% review $789 97% 14 Grading Exemption - Single family 12.75 x $160 = $2,040 $1,031 51% $2,040 100% each $1,009 98% 15 Grading Exemption - All Other Cases 15.00 x $160 = $2,400 $1,255 52% $2,400 100% each $1,145 91% 16 Mobile Home Park Conversion 89.00 x $160 = $14,240 $6,915 49% $14,240 100% each $7,325 106% 17 Other Minor Projects - Minor Development
Application
9.50 x $160 = $1,520 $369 24% $1,520 100% plan $1,151 312% 18 Parking Reduction Modification (TDM / Parking
Study)
15.25 x $160 = $2,440 $1,527 63% $2,440 100% each $913 60% 19 Planned Development - Master Plan (plus
deposit)
82.00 x $160 = $13,120 $4,501 34% $13,120 100% plan $8,619 191% 20 Planned Development - Precise Plan (plus
deposit)
51.00 x $160 = $8,160 $3,505 43% $8,160 100% plan $4,655 133% 21 Plot Plan Review - Minor 36.00 x $160 = $5,760 $1,663 29% $5,760 100% plan $4,097 246% 22 Plot Plan Review - Major 90.50 x $160 = $14,480 $4,991 34% $14,480 100% plan $9,489 190% 23 Variance - Single Family 37.50 x $160 = $6,000 $2,280 38% $6,000 100% variance $3,720 163% 24 Variance - All Other Cases 38.50 x $160 = $6,160 $2,498 41% $6,160 100% variance $3,662 147% 7 Resolution No. 2024-72
Exhibit "A"
402
Item12.
City of Escondido
User and Regulatory Fee Study
Planning Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description
Est. Labor
Hours Hourly Rate
Est. Cost
of Svc Current Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
Land Use Review - Historical Resources
25 Mills Act 16.50 x $160 = $2,640 $0 0% $2,640 100% each $2,640 100% 26 Local Register 14.50 x $160 = $2,320 $0 0% $2,320 100% each $2,320 100% 27 Certificate of Appropriateness 2.25 x $160 = $360 $0 0% $360 100% each $360 100% 28 Certificate of Appropriateness - with Design
Review
1.00 x $160 = $160 $0 0% $160 100% each $160 100%
Land Use Review - Minor Permit
29 Accessory Dwelling Units 25.75 x $160 = $4,120 $1,200 29% $4,120 100% notice $2,920 243% 30 Small Cell Counter Review 8.25 x $160 = $1,320 $721 55% $1,320 100% each $599 83% Land Use Review - Signs
31 Comprehensive Sign Program 11.75 x $160 = $1,880 $838 45% $1,880 100% program $1,042 124% 32 Comprehensive Sign Permit Modification /
Amendment
8.50 x $160 = $1,360 $714 53% $1,360 100% permit $646 90% 33 Regional Market Sign 18.50 x $160 = $2,960 $1,378 47% $2,960 100% application $1,582 115% 34 Sign Permit 3.25 x $160 = $520 $117 23% $520 100% application $403 344% 35 Temporary Banners 0.75 x $160 = $120 $37 31% $120 100% application $83 224% Land Use Review - Special Use Review
36 Above Ground Tanks (includes DRB Fee) 3.25 x $160 = $520 $136 26% $520 100% request $384 284% 37 Administrative Permit (Outdoor Display, RV
Parking)
3.25 x $160 = $520 $245 47% $520 100% permit $275 112%
38 Arts and Crafts shows / Administrative 2.25 x $160 = $360 $175 49% $360 100% each $185 106% 39 Conditional Use Permit: Minor, Animals, or
Residential Care
42.50 x $160 = $6,800 $2,668 39% $6,800 100% permit $4,132 155% 40 Conditional Use Permit: Major 80.50 x $160 = $12,880 $6,475 50% $12,880 100% permit $6,405 99% 41 Security Gates 8.00 x $160 = $1,280 $720 56% $1,280 100% plan $560 78% 42 Temporary use Permit 5.50 x $160 = $880 $234 27% $880 100% permit $646 276% Subdivision Review
43 Condominium Permit 71.50 x $160 = $11,440 $6,030 53% $11,440 100% permit $5,410 90% 44 Subdivision - Adjustment Plat 17.75 x $160 = $2,840 $1,530 54% $2,840 100% plat $1,310 86% 45 Subdivision - Certificate of Compliance 8.50 x $160 = $1,360 $711 52% $1,360 100% certificate $649 91% 46 Subdivision - Tentative Parcel Map 79.00 x $160 = $12,640 $3,645 29% $12,640 100% map $8,995 247% 47 Tentative Subdivision Map: 5-25 units 106.50 x $160 = $17,040 $5,703 33% $17,040 100% map $11,337 199% 48 Tentative Subdivision Map: 26-50 units 124.50 x $160 = $19,920 $7,552 38% $19,920 100% map $12,368 164% 49 Tentative Subdivision Map: 51+ units (plus
deposit)
250.50 x $160 = $40,080 $12,227 31% $40,080 100% map $27,853 228% 8 Resolution No. 2024-72
Exhibit "A"
403
Item12.
City of Escondido
User and Regulatory Fee Study
Planning Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description
Est. Labor
Hours Hourly Rate
Est. Cost
of Svc Current Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
Policy and Ordinance Development - Initiation
Fee
50 Annexation Request for Initiation 18.50 x $160 = $2,960 $2,925 99% $2,960 100% initiation $35 1% 51 Amendment Authorization (General Plan, or
Specific Plan)
11.50 x $160 = $1,840 $1,430 78% $1,840 100% each $410 29% Policy and Ordinance Development - Annexation
Fee
52 Annexation: <10 Acres (plus deposit) 101.50 x $160 = $16,240 $5,909 36% $16,240 100% annex $10,331 175% 53 Annexation: >10 Acres (plus deposit) 116.00 x $160 = $18,560 $7,073 38% $18,560 100% annex $11,487 162% 54 Annexation: Under Order of County Dep of Health for Sewer Hookup46.00 x $160 = $7,360 $4,013 55% $7,360 100% request $3,347 83% 55 Sphere of Influence Amendments (plus deposit) 150.00 x $160 = $24,000 $10,111 42% $24,000 100% each $13,889 137% Policy and Ordinance Development - Map or
Text Changes
56 General Plan Amendment Request (plus deposit) 108.75 x $160 = $17,400 $6,348 36% $17,400 100% request $11,052 174% 57 General Text Amendment Request (plus deposit) 83.50 x $160 = $13,360 $5,362 40% $13,360 100% each $7,998 149% 58 Specific Plan / Specific Plan Amendments (plus
deposit)
114.00 x $160 = $18,240 $5,362 29% $18,240 100% each $12,878 240% 59 Rezone / Prezone: Zoning Code Map Amendment
(plus deposit)
67.50 x $160 = $10,800 $4,579 42% $10,800 100% request $6,221 136% 60 Zoning Code Text Amendment Request (plus
deposit)
44.00 x $160 = $7,040 $3,628 52% $7,040 100% each $3,412 94% Review for Conformance, Modification,
Extension of Fees
61 Modifications/Amendments (Excluding
Comprehensive Sign Permit
Modification/Amendment)
33% of
Original
Permit Fee
33% of
Original
Permit Fee
each
62 Certification of Map 5.00 x $160 = $800 $422 53% $800 100% each $378 90% 63 Extension of Time (Subdivision) 33% of
Original
Permit Fee
33% of
Original
Permit Fee
each
64 Extension of Time / Other Public Hearings 33% of
Original
Permit Fee
33% of
Original
Permit Fee
extension
9 Resolution No. 2024-72
Exhibit "A"
404
Item12.
City of Escondido
User and Regulatory Fee Study
Planning Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description
Est. Labor
Hours Hourly Rate
Est. Cost
of Svc Current Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
65 Extension of Time - Minor Projects 33% of
Original
Permit Fee
33% of
Original
Permit Fee
extension
66 Substantial Conformance for Subdivision:
Tentative Parcel Map
18.00 x $160 = $2,880 $1,578 55% $2,880 100% each $1,302 83% 67 Substantial Conformance for Tentative
Subdivision Map: 5-25 units
25.00 x $160 = $4,000 $2,266 57% $4,000 100% each $1,734 77% 68 Substantial Conformance for Tentative
Subdivision Map: 26-50 units
29.00 x $160 = $4,640 $2,709 58% $4,640 100% each $1,931 71% 69 Substantial Conformance for Tentative
Subdivision Map: 51+ units
43.50 x $160 = $6,960 $4,586 66% $6,960 100% each $2,374 52% 70 Substantial Conformance for other Project Plans 7.00 x $160 = $1,120 $493 44% $1,120 100% each $627 127% Environmental Review - Review and Preparation
Fees
71 Environmental Review Initial Study 28.50 x $160 = $4,560 $2,565 56% $4,560 100% study $1,995 78% 72 Technical Studies: Storm Water Quality
Management Plan
15.00 x $160 = $2,400 $1,887 79% $2,400 100% study $513 27% 73 Technical Studies: Traffic 14.75 x $160 = $2,360 $1,500 64% $2,360 100% study $860 57% 74 Technical Studies: Traffic with Mitigation
Measures
35.50 x $160 = $5,680 $3,533 62% $5,680 100% study $2,147 61% 75 Technical Studies: Other 9.25 x $160 = $1,480 $463 31% $1,480 100% study $1,017 220% 76 Negative Declaration: Staff Prepared (plus
deposit)
20.00 x $160 = $3,200 $2,315 72% $3,200 100% study $885 38% 77 Negative Declaration: Consultant Prepared (plus
deposit)
18.00 x $160 = $2,880 $2,097 73% $2,880 100% each $783 37% 78 Environmental Impact Report: > 10 acres (plus
deposit)
118.00 x $160 = $18,880 $6,882 36% $18,880 100% each $11,998 174% 79 CEQA Addendum 18.50 x $160 = $2,960 $1,770 60% $2,960 100% each $1,190 67% Environmental Review - Post Certification /
Adoption Fees
80 Notice of Exemption 1.75 x $160 = $280 $117 42% $280 100% each $163 139% 81 Notice of Determination 2.75 x $160 = $440 $220 50% $440 100% each $220 100% 82 Daley Ranch Credit Agreement Administration 7.00 x $160 = $1,120 $468 42% $1,120 100% each $652 139% 83 Vegetation Removal Permit: < 5 Acres Clearing 5.50 x $160 = $880 $503 57% $880 100% permit $377 75% 10 Resolution No. 2024-72
Exhibit "A"
405
Item12.
City of Escondido
User and Regulatory Fee Study
Planning Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description
Est. Labor
Hours Hourly Rate
Est. Cost
of Svc Current Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
84 Vegetation Removal Permit: > 5 Acres Clearing 7.75 x $160 = $1,240 $709 57% $1,240 100% permit $531 75% Fees for Documents and Duplication
85 Copies from Microfilm (OCE) n/a n/a $1 $1 each $0 0% 86 Legal Notice Fees n/a n/a $160 $160 notice $0 0%
87 Microfilm Fee: Minor Cases (nonpublic hearing) n/a n/a $50 $50 project $0 0% 88 Microfilm Fee: Major Cases (public hearing) n/a n/a $150 $150 project $0 0% 89 Public Hearing Notice Sign (2' x 3') n/a n/a $20 $20 each $0 0% 90 Sale of Maps, Publications n/a n/a cost
recovery
cost
recovery
each
Fees Collected by Other Departments
91 Subarea Facilities Plan Repayment Fee n/a n/a $58 $58 dwelling unit n/a n/a 92 General Plan Update Fee $33 See Bldg Fee
93 Building Plan Review: Single Family Dwelling 11.75 x $160 = $1,880 $556 30% $1,880 100% plan $1,324 238% 94 Building Plan Review: Minor 5.00 x $160 = $800 $412 52% $800 100% plan $388 94% 95 Building Plan Review: Major 16.25 x $160 = $2,600 $1,366 53% $2,600 100% plan $1,234 90% 96 CC&R's 9.25 x $160 = $1,480 $817 55% $1,480 100% project $663 81% 97 Fire Department Plan Review 3.50 x $160 = $560 $156 28% $560 100% each $404 259% 98 Final Map: Parcel Maps 4.00 x $160 = $640 $325 51% $640 100% map $315 97% 99 Final Map: Major Subdivision 5.50 x $160 = $880 $470 53% $880 100% map $410 87% 100 Grading Plan: Minor less than 1000 C.Y. of
Grading
3.00 x $160 = $480 $245 51% $480 100% plan $235 96%
101 Grading Plan: Major over 1000 C.Y. of Grading 3.00 x $160 = $480 $245 51% $480 100% plan $235 96% 102 Landscape Plan: Minor (excluding single family) - or cost recovery2.75 x $160 = $440 $224 51% $440 100% plan $216 96% 103 Landscape Plan: Major (excluding single family) -
or cost recovery
12.00 x $160 = $1,920 $1,216 63% $1,920 100% plan $704 58% Miscellaneous Planning Fees
104 Appeal Administrative Decision 18.00 x $160 = $2,880 $1,210 42% $2,880 100% appeal $1,670 138% 105 Public Hearing Continuance (Applicant Request) 12.00 x $160 = $1,920 $540 28% $1,920 100% each $1,380 256% 106 Specific Alignment Plan (plus deposit) 82.50 x $160 = $13,200 $2,722 21% $13,200 100% each $10,478 385% 107 Street Names Application 7.50 x $160 = $1,200 $528 44% $1,200 100% each $672 127% 11 Resolution No. 2024-72
Exhibit "A"
406
Item12.
City of Escondido
User and Regulatory Fee Study
Planning Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description
Est. Labor
Hours Hourly Rate
Est. Cost
of Svc Current Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
108 Planning Technology Fee $36 See Bldg Fee
109 For Services Requested of City Staff which have
no fee listed in this Master Fee Schedule, the City
Manager or the City Manager's designee shall
determine the appropriate fee based on the
following hourly rates for staff time involved in
the service or activity (per hour)
1.0 x $160 = $160 $160 100% Per Hour
* In addition to amounts shown above, applicant is responsible for all costs of outside agency review/services, including but not limited to, LAFCO, Board of Equalization Fees, Department of Fish and 12 Resolution No. 2024-72
Exhibit "A"
407
Item12.
City of Escondido
User and Regulatory Fee Study
Engineering and Encroachment Permit Fees
Calculation of Estimated Cost of Service
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost of
Svc
Current
Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
Miscellaneous Engineering Fees
1 Engineering Inspection Fee (outside normal working
hours)
1.00 x $223 = $223 $160 72% $223 100% hour $63 40%
2 Quitclaim Surplus Easement / Dedication of
Easements
8.75 x $186 = $1,628 $1,120 69% $1,628 100% request $508 45% 3 Research 3.75 x $186 = $698 $240 34% $698 100% each $458 191% 4 Unsolicited Offers for City Surplus Properties
(processing fee)
6.00 x $186 = $5,616 $5,180 92% $5,616 100% each $436 8% 5 Street Light Connection $30 $30 connection $0 0%
6 Street Light Power Charge / 135 watt(18 months) $30 $30 each $0 0% 7 Street Light Power Charge / 180 watt(18 months) $75 $75 each $0 0% 8 Street Vacation 12.50 x $186 = $2,325 $1,670 72% $2,325 100% request $655 39% 9 Traffic Control Review 0.75 x $186 = $140 $60 43% $140 100% sheet $80 133% 10 Traffic Control Inspection 1.50 x $186 = $279 $165 59% $279 100% sheet $114 69% 11 Project Imaging (first sheet) $53 first sheet
12 Project Imaging (each additional sheet) $17 after first 11 Sewer Lateral Surface Restoration Deposit $2,000 $2,000 each $0 0% 12 Occupancy License (Real Property) 6.00 x $186 = $1,116 $910 82% $1,116 100% each $206 23% 13 Master License Agreement 8.00 x $186 = $1,488 $1,140 77% $1,488 100% each $348 31% 14 Small Cell Engineering Review 3.75 x $186 = $698 $390 56% $698 100% each $308 79% 15 Small Cell Site Administration 4.00 x $186 = $744 $610 82% $744 100% each $134 22% 16 Undergrounding of Overhead Utilities Waiver -
indexed fee based on construction costs: Capped at
5% of the project building valuation
($324 / SDG&E, $83 / Telephone, $60 / Cable)
$467 $467 indexed $0 0%
17 Water Quality Technical Report - Misc. Projects 10.00 x $186 = $4,260 $750 18% $4,260 100% each $3,510 468% 18 Water Quality Technical Report - Subdivision Projects 10.00 x $186 = $4,860 $750 15% $4,860 100% each $4,110 548% 19 Repayment Processing Fee / Streets 5% 5% of repayment $0 0% 20 Repayment Processing Fee / Sewer 5% 5% of repayment $0 0% 21 Repayment Processing Fee / Storm Drain 5% 5% of repayment $0 0% 22 Repayment Processing Fee / Water 5% 5% of repayment $0 0% 13 Resolution No. 2024-72
Exhibit "A"
408
Item12.
City of Escondido
User and Regulatory Fee Study
Engineering and Encroachment Permit Fees
Calculation of Estimated Cost of Service
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost of
Svc
Current
Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
Engineering Plan Checks and Inspections
23 Est Cost of Improv or Grading Plan: $0 - $60,000
($2,500 min)
4.50 x $186 = $837 $750 90% $837 100% sheet $87 12%
24 Est Cost of Improv or Grading Plan: $60,001 - $100,000 a) Base Fee for First $60,000 18.00 x $186 = $3,348 4.10% 0% $3,348 100% Base Fee $888 36% b) Fee for Each Add'l $1 Up to $100,000 2.79% 2.79% 100% % of Cost 25 Est Cost of Improv or Grading Plan: $100,001 -
$250,000
a) Base Fee for First $100,000 24.00 x $186 = $4,464 3.90% 0% $4,464 100% Base Fee $564 14% b) Fee for Each Add'l $1 Up to $250,000 3.72% 3.72% 100% % of Cost 26 Est Cost of Improv or Grading Plan: $250,001 -
$500,000
a) Base Fee for First $250,000 54.00 x $186 = $10,044 3.70% 0% $10,044 100% Base Fee $794 9% b) Fee for Each Add'l $1 Up to $500,000 3.72% 3.72% 100% % of Cost 27 Est Cost of Improv or Grading Plan: $500,001 -
$1,000,000
a) Base Fee for First $500,000 104.00 x $186 = $19,344 3.50% 0% $19,344 100% Base Fee $1,844 11% b) Fee for Each Add'l $1 Up to $1,000,000 3.57% 3.57% 100% % of Cost 28 Est Cost of Improv or Grading Plan: $1,000,001 -
$2,500,000
a) Base Fee for First $1,000,000 200.00 x $186 = $37,200 3.40% 0% $37,200 100% Base Fee $3,200 9% b) Fee for Each Add'l $1 Up to $2,500,000 3.47% 3.47% 100% % of Cost 29 Est Cost of Improv or Grading Plan: $2,500,001 and
above
a) Base Fee for First $2,500,000 480.00 x $186 = $89,280 3.30% 0% $89,280 100% Base Fee $6,780 8% b) Fee for Each Add'l $1 3.30% 3.30% 100% % of Cost
30 Precise Grading, Site Drainage, Misc. Eng. Plans 4.50 x $186 = $837 $750 90% $837 100% sheet $87 12% 31 Plans and Specs cost
recovery
cost recovery each
32 Plan Revisions & Inspection - Misc Projects 3.00 x $186 = $558 $150 27% $558 100% sheet / revision $408 272% 33 Plan Revisions & Inspection - Subdivision Projects 3.00 x $186 = $558 $150 27% $558 100% sheet / revision $408 272% 34 Plan Revisions - New Sheet for Misc. Projects 8.50 x $186 = $1,581 $750 47% $1,580 100% sheet $830 111% 35 Plan Revisions - New Sheet for Subdivision Projects 8.50 x $186 = $1,581 $750 47% $1,580 100% sheet $830 111% 14 Resolution No. 2024-72
Exhibit "A"
409
Item12.
City of Escondido
User and Regulatory Fee Study
Engineering and Encroachment Permit Fees
Calculation of Estimated Cost of Service
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost of
Svc
Current
Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
36 Review of Final Subdivision Map & Final Parcel Map
a) Base Fee 6.00 x $186 = $1,116 $1,000 90% $1,116 100% per sheet $116 12% b) Plus, Per Lot Fee 0.33 x $186 = $62 $50 81% $62 100% per lot $12 24% Annual Permit Engineering Fees
37 Annual Permit Fee for Cox Communication $28,130 $28,130 annual $0 0% 38 Annual Permit Fee for AT&T Communication $30,300 $30,300 annual $0 0% 39 Annual Permit Fee for SDG&E $33,765 $33,765 annual $0 0% Encroachment Permits and Fees
40 Encroachment Permit - Large Projects cost
recovery
cost recovery each
41 Plan Check & Inspection for Telecommunications cost
recovery
cost recovery each
42 Encroachment Permit - Penalty for no permit 3X Regular fees
3X Regular
fees
each
43 Encroachment Permit - Processing Fee 1.50 x $186 = $279 $100 36% $279 100% permit $179 179% 44 Encroachment Permit - Subsequent TCP Review
($60 for each subsequent sheet)
3.75 x $186 = $698 $165 24% $698 100% sheet $533 323%
45 Encroachment Permit - Driveway Approach or Ped
Ramp & Curb Return / Residential
4.90 x $186 = $911 $440 48% $911 100% permit $471 107%
46 Encroachment Permit - Driveway Approach with Ped.
Ramp and Curb Return / Non-Residential St
7.65 x $186 = $1,423 $690 48% $1,423 100% permit $733 106% 47 Encroachment Permit - Additional Residential
Driveway at same address if poured same day
$340 $0 permit
47 Encroachment Permit - Fire Hydrant Installation on
Residential Street, Local Collector & Frontage
14.50 x $186 = $2,697 $1,260 47% $2,697 100% permit $1,437 114% 48 Encroachment Permit - Fire Hydrant Installation on
Collector and above, Commercial & Industrial Road
19.50 x $186 = $3,627 $1,710 47% $3,627 100% permit $1,917 112% 49 Encroachment Permit - Fire Hydrant Installation if
Water Shut Down is Required
19.50 x $186 = $3,627 $850 23% $3,627 100% Deposit $2,777 327% 50 Encroachment Permit - Sewer Lateral Installation on
Residential Street, Local Collector on Frontage Roads
14.50 x $186 = $2,697 $1,260 47% $2,697 100% permit $1,437 114% 15 Resolution No. 2024-72
Exhibit "A"
410
Item12.
City of Escondido
User and Regulatory Fee Study
Engineering and Encroachment Permit Fees
Calculation of Estimated Cost of Service
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost of
Svc
Current
Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
51 Encroachment Permit - Sewer Lateral Installation on
Collector and above, Comm. & Industrial Rd
19.50 x $186 = $3,627 $1,710 47% $3,627 100% permit $1,917 112% 52 Encroachment Permit - Utility Trenching up to 300 LF in length
7.00 x $186 = $1,302 $640 49% $1,302 100% linear feet $662 103% 53 Encroachment Permit - Utility Trenching over 300 LF in length
a) Base Fee for First 300 LF 7.00 x $186 = $1,302 $600 + $1 per LF >
300
$1,302 100% linear feet $320 50%
b) Fee for Each Additional LF 13.25 x $186 = $2,465 $600 + $1 per LF >
300
$2,465 100% linear feet $0.50 246350%
54 Encroachment Permit - Curb, Curb & Gutter, Berm up
to 100LF
4.25 x $186 = $791 $370 47% $791 100% linear feet $421 114% 55 Encroachment Permit - Sidewalks up to 500SF 4.75 x $186 = $884 $420 48% $884 100% linear feet $464 110% 56 Encroachment Permit - Curb Cores 1.00 x $186 = $186 $80 43% $186 100% each $106 133% 57 Encroachment Permit - Continuing 1.50 x $186 = $279 $100 36% $279 100% year $179 179% 58 Encroachment Permit - Small Cell Trenching less than 50ft
17.00 x $186 = $3,162 $1,390 44% $3,162 100% permit $1,772 127% 59 Encroachment Permit - Overtime Inspection 1.00 x $223 = $223 $160 72% $223 100% hour $63 40% Landscape Maintenance District
60 Landscape Maintenance District Annexation (Full Cost Recovery with Initial Deposit - Initial Deposit Amount
Shown)
$7,500 $7,500 each $0 0%
61 Landscape Maintenance District Engineer's Report
(Full Cost Recovery with Initial Deposit - Initial Deposit Amount Shown)
$7,500 $7,500 each $0 0%
Community Facility District
62 Annexation Fee $365 $365 project $0 0%
63 Fiscal Impact Analysis Deposit (Full Cost Recovery
with Initial Deposit - Initial Deposit Amount Shown)
$10,000 $10,000 each $0 0%
16 Resolution No. 2024-72
Exhibit "A"
411
Item12.
City of Escondido
User and Regulatory Fee Study
Engineering and Encroachment Permit Fees
Calculation of Estimated Cost of Service
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost of
Svc
Current
Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
Other
64 For Services Requested of City Staff which have no fee listed in this Master Fee Schedule, the City Manager or the City Manager's designee shall determine the
appropriate fee based on the following hourly rates
for staff time involved in the service or activity (per hour)
1.0 x $160 = $160 $160 100% Per Hour
65 Contract Service Providers Actual Cost
plus 15%
Admin Fee
* In addition to amounts shown above, applicant is responsible for all costs of outside agency review/services (e.g., County recording fees, specialized report review fees, etc.). 17 Resolution No. 2024-72
Exhibit "A"
412
Item12.
City of Escondido
User and Regulatory Fee Study
Fire Prevention Fees
Calculation of Estimated Cost of Service
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost
of Svc Current Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
Miscellaneous Fire Department Fees
1 Development Pre-Application Consultation Fee 0.75 x $155 = $116 $100 86% $116 100% each $16 16% 2 Fire Department Incident Reports 0.15 x $155 = $20 $20 100% $20 100% report $0 0% 3 Access Roadway Grading and Gates Plan Check 1.75 x $155 = $271 $113 42% $271 100% hour $158 140% 4 UST and AST Installation Plan Review 1.50 x $155 = $233 n/a - new 0% $233 100% each new 5 Grading Plan Review 1.50 x $155 = $233 n/a - new 0% $233 100% each new 6 Specific Plan Review (includes fire protection plans) 5.50 x $155 = $853 $514 60% $853 100% hour $339 66% 7 Fire Safety Inspection (annual & new business) 2.25 x $155 = $349 $150 43% $349 100% each $199 133% 8 Project Availability Forms 2.00 x $155 = $310 $94 30% $310 100% each $216 230% 9 Additional Field Inspection / Failed Inspection 2.50 x $155 = $388 $150 39% $388 100% reinspection $238 159% 10 Requested Inspection 1.75 x $155 = $271 $100 37% $271 100% inspection $171 171% 11 Single Structure and/or Single Family Resident Construction Inspection: <10,000 sq ft
2.50 x $155 = $388 $160 41% $388 100% inspection $228 142% 12 Single Structure & Multistory Construction Inspection: 10,000 - 50,000 sq ft
3.25 x $155 = $504 $217 43% $504 100% level /
inspection
$287 132%
13 Single Structure & Multistory Construction Inspection:
>50,000 sq ft per level
3.75 x $155 = $581 $255 44% $581 100% level /
inspection
$326 128%
14 High Risk / Hazardous Material Construction Inspection 5.25 x $155 = $814 $369 45% $814 100% inspection $445 121% 15 File / Code Research Fee 1.00 x $155 = $155 $100 65% $155 100% each $55 55% 16 Special Event Staffing Cost - Fire Prevention 1.00 x $155 = $155 $132 85% $155 100% hour $23 17% 17 Special Events After Hours Fee 1.00 x $186 = $186 $170 91% $186 100% hour $16 9% 18 Subpoenas (Firefighter) - Set by Government Code $275 $275 day $0 0% 19 Fire Response Map Update Fee $247 $247 each $0 0%
Fire Code Permits to Operate
20 Level 1, Small/0-5k sq ft, 1-2 permits 2.50 x $155 = $388 $170 44% $388 100% permit $218 128% 21 Level 1, Medium/5-10k sq ft, 3-5 permits 3.00 x $155 = $465 $208 45% $465 100% permit $257 124% 22 Level 1, Large/10k+ sq ft, 6+ permits 3.50 x $155 = $543 $246 45% $543 100% permit $297 121% 23 Level 2, Small/0-5k sq ft, 1-2 permits 3.75 x $155 = $581 $265 46% $581 100% permit $316 119% 24 Level 2, Medium/5-10k sq ft, 3-5 permits 4.00 x $155 = $620 $285 46% $620 100% permit $335 118% 25 Level 2, Large/10k+ sq ft, 6+ permits 4.25 x $155 = $659 $303 46% $659 100% permit $356 117% 26 Level 3, Small/0-5k sq ft, 1-2 permits 4.50 x $155 = $698 $322 46% $698 100% permit $376 117% 27 Level 3, Medium/5-10k sq ft, 3-5 permits 4.80 x $155 = $744 $345 46% $744 100% permit $399 116% 28 Level 3, Large/10k+ sq ft, 6+ permits 5.00 x $155 = $775 $361 47% $775 100% permit $414 115% 29 Carnivals & Fairs 5.25 x $155 = $814 $284 35% $814 100% permit $530 187% 30 Carnivals After Hours Fee 5.25 x $186 = $977 $322 33% $977 100% permit $655 203% 31 Explosive Permit & 2 Blasts 5.75 x $155 = $891 $255 29% $891 100% permit $636 250% 32 Blasting 2.25 x $155 = $349 $141 40% $349 100% permit $208 147% 18 Resolution No. 2024-72
Exhibit "A"
413
Item12.
City of Escondido
User and Regulatory Fee Study
Fire Prevention Fees
Calculation of Estimated Cost of Service
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost
of Svc Current Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
33 Explosives / Firework Pyrotechnic Special Effects: Theatrical / Movies
4.25 x $155 = $659 $141 21% $659 100% permit $518 367%
34 Explosives / Firework Aerial Display: includes ground display 4.75 x $155 = $736 $179 24% $736 100% permit $557 311% 35 Open Burning: includes bonfires & burn permits 2.75 x $155 = $426 $179 42% $426 100% permit $247 138% 36 Additional Permits: Production Facilities, Pyrotechnics and Special Effects, & Live Audiences
3.75 x $155 = $581 $100 17% $581 100% permit $481 481%
37 Tents and Other Membrane Structures: business hours
inspection
3.25 x $155 = $504 $150 30% $504 100% permit $354 236%
38 Tents and Other Membrane Structures: after business hours inspection
5.25 x $186 = $977 $285 29% $977 100% permit $692 243%
Fire Code Construction Permits (Plan Review)
39 Full Cell Power System Plan Review 3.00 x $155 = $465 $132 28% $465 100% each $333 252% 40 Gas Detection System (Including CO2) Plan Review 2.50 x $155 = $388 $170 44% $388 100% each $218 128% 41 High Piled Combustible Storage Plan Review 2.50 x $155 = $388 $170 44% $388 100% each $218 128% 42 Motor Vehicle Repair Rooms & Booth Plan Review 2.00 x $155 = $310 $132 43% $310 100% each $178 135% 43 Plant Extraction System Plan Review 4.00 x $155 = $620 $132 21% $620 100% each $488 370% 44 Special Event Structure Plan Review 1.50 x $155 = $233 $94 40% $233 100% each $139 147% 45 Building Plan Review (Industrial) 4.50 x $155 = $698 $246 35% $698 100% each $452 184% Fire Code Construction Permits
46 Out Source Plan Check Fee 1.00 x $155 = $155 $150 97% $155 100% hour $5 3% 47 Solar Plan Review Fee 1.50 x $155 = $233 $94 40% $233 100% each $139 147% 48 Battery System 2.50 x $155 = $388 $170 44% $388 100% permit $218 128% 49 Single Family Dwelling Building Plan Review: 0 - 500 square feet
1.75 x $155 = $271 $113 42% $271 100% review $158 140%
50 Single Family Dwelling Building Plan Review: 500 - 2,000 square feet
2.00 x $155 = $310 $132 43% $310 100% review $178 135%
51 Single Family Dwelling Building Plan Review: 2,000 - 5,000 square feet
2.25 x $155 = $349 $150 43% $349 100% review $199 133%
52 Single Family Dwelling Building Plan Review: > 5,000 square feet
2.50 x $155 = $388 $170 44% $388 100% review $218 128%
53 Single Family Dwelling Building Plan Review
(tracts/phase/production):
1 - 10 units on same application
5.00 x $155 = $775 $284 37% $775 100% review $491 173%
54 Single Family Dwelling Building Plan Review
(tracts/phase/production):
Each 5 additional units per same application
2.50 x $155 = $388 $132 34% $388 100% review $256 194%
19 Resolution No. 2024-72
Exhibit "A"
414
Item12.
City of Escondido
User and Regulatory Fee Study
Fire Prevention Fees
Calculation of Estimated Cost of Service
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost
of Svc Current Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
55 Building Plan Review: Multi-Family, Commercial, Industrial Including 1 inspection
3.50 x $155 = $543 $246 45% $543 100% building $297 121% 56 Commercial Sprinkler System Plan Review & Inspection:
New buildings 1 - 25,000 square feet
4.00 x $155 = $620 $284 46% $620 100% review $336 118%
57 Commercial Sprinkler System Plan Review & Inspection:
New buildings > 25,000 square feet
5.00 x $155 = $775 $361 47% $775 100% hour $414 115%
58 Commercial Sprinkler SystemExisting bldg & tenant impr: 1 - 20 heads w / o hydraulic calcs
2.25 x $155 = $349 $150 43% $349 100% each $199 133%
59 Commercial Sprinkler System Plan Review Existing bldg & tenant impr: 1 - 100 heads with hydraulic calcs
2.75 x $155 = $426 $189 44% $426 100% each $237 126%
60 Commercial Sprinkler System Plan Review Existing bldg & tenant impr: > 100 heads with hydraulic calcs
3.75 x $155 = $581 $265 46% $581 100% hour $316 119%
61 Fire Alarm System Plan Review: 1 - 10 devices 2.50 x $155 = $388 $170 44% $388 100% each $218 128% 62 Fire Alarm System Plan Review: > 10 devices 3.50 x $155 = $543 $246 45% $543 100% hour $297 121% 63 Hood System Plan Review: 1 - 10 nozzles 2.25 x $155 = $349 $150 43% $349 100% each $199 133% 64 Spray Booth Inspection/ Hood System Inspection 3.50 x $155 = $543 $170 31% $543 100% hour $373 219% 65 Specialized Fire Protection Pre-action System (existing sprinklered bldgs): Plan Review
4.00 x $155 = $620 $284 46% $620 100% each $336 118%
66 Specialized Fire Protection Smoke Mgmt System Inspection 2.50 x $155 = $388 $170 44% $388 100% each $218 128% 67 Specialized Fire Protection In-rack System: Plan Review 3.25 x $155 = $504 $227 45% $504 100% each $277 122% 68 Residential Sprinkler system Plan Review (SFD): < 5,000 square feet
2.50 x $155 = $388 $170 44% $388 100% each $218 128%
69 Residential Sprinkler system Plan Review (SFD): > 5,000 square feet
3.50 x $155 = $543 $246 45% $543 100% each $297 121%
70 Apartment, Hotel, Motel (R-2 Occupancy) Inspections: 3 - 10 units
2.50 x $155 = $388 $130 34% $388 100% inspection $258 198% 71 Apartment, Hotel, Motel (R-2 Occupancy) Inspections: 11 - 25 units
2.75 x $155 = $426 $149 35% $426 100% inspection $277 186% 72 Apartment, Hotel, Motel (R-2 Occupancy) Inspections: 26 - 50 units
3.25 x $155 = $504 $188 37% $504 100% inspection $316 168% 20 Resolution No. 2024-72
Exhibit "A"
415
Item12.
City of Escondido
User and Regulatory Fee Study
Fire Prevention Fees
Calculation of Estimated Cost of Service
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost
of Svc Current Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
73 Apartment, Hotel, Motel (R-2 Occupancy) Inspections: 51 - 100 units
3.75 x $155 = $581 $225 39% $581 100% inspection $356 158% 74 Apartment, Hotel, Motel (R-2 Occupancy) Inspections: > 101 units
5.25 x $155 = $814 $340 42% $814 100% inspection $474 139% 75 CO2 Systems & Piping for Beverage Dispensing Inspection 2.00 x $155 = $310 $132 43% $310 100% inspection $178 135% Fire Department Licensing Fees
76 State Licensing / Private School Life Safety Inspection - Licensed Care Pre-inspections: 25 or less residents
2.50 x $155 = $388 $50 13% $388 100% inspection $338 675% 77 State Licensing / Private School Life Safety Inspection - Licensed Care Pre-inspections: 26 or more residents
2.50 x $155 = $388 $100 26% $388 100% inspection $288 288% 78 State Licensing & Private School Life Safety Inspection - Fire Clearance Inspections: 1 - 6 individuals per establishment
0.00 x $155 = $0 $0 0% $0 0% inspection $0 0%
79 State Licensing & Private School Life Safety Inspection - Fire Clearance Inspections: 7- 50 individuals per establishment
3.00 x $155 = $465 $150 32% $465 100% inspection $315 210% 80 State Licensing & Private School Life Safety Inspection - Fire Clearance Inspections: 51 - 150 individuals per
establishment
4.00 x $155 = $620 $226 36% $620 100% inspection $394 174% 81 State Licensing & Private School Life Safety Inspection - Fire Clearance Inspections: Over 150 individuals per
establishment
5.00 x $155 = $775 $300 39% $775 100% inspection $475 158% 82 State Licensing & Private School Life Safety Inspection - Annual Licensed Care Inspections: 7 - 75 individuals
2.25 x $155 = $349 $141 40% $349 100% inspection $208 147% 83 State Licensing & Private School Life Safety Inspection - Annual Licensed Care Inspections: 76 - 250 individuals
3.25 x $155 = $504 $217 43% $504 100% inspection $287 132% 21 Resolution No. 2024-72
Exhibit "A"
416
Item12.
City of Escondido
User and Regulatory Fee Study
Fire Prevention Fees
Calculation of Estimated Cost of Service
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost
of Svc Current Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
$
Fee
Change
%
84 State Licensing & Private School Life Safety Insp -
Annual Licensed Care Inspections: 251 - 500 individuals
4.25 x $155 = $659 $293 44% $659 100% inspection $366 125% 85 State Licensing & Private School Life Safety Inspection - Annual Licensed Care Inspections: over 500 individuals
4.75 x $155 = $736 $340 46% $736 100% inspection $396 117% Other
86 For Services Requested of City Staff which have no fee listed in this Master Fee Schedule, the City Manager or the City Manager's designee shall determine the appropriate fee
based on the following hourly rates for staff time involved in the service or activity (per hour)
1.0 x $155 = $155 $155 100% Per Hour
22 Resolution No. 2024-72
Exhibit "A"
417
Item12.
City of Escondido
User and Regulatory Fee Study
Library Fees
Fee Description
Current
Fee
Current Cost
Recovery Proposed Fee
Proposed
Cost
Recovery
Fee
Structure Fee Change
Library Fees and Fines
1 Interlibrary Loan $2 $2 request $0
2 Copies & Printing - Black and White $0.20 $0.20 page $0 3 Copies & Printing - Color $0.50 $0.50 page $0
4 Fax - Per Page $1 $1 page $0
5 Lost Book List Price
6 Lost Book $30
7 Lost Magazine / Paperback Book List Price
8 Lost Media / DVD / CD / Audio Book List Price
9 Lost / Damaged Items Processing Fee $5
5 Replacement Cost for Lost or Damaged Materials
a) Cost of Materials List Cost per item $0
b) Plus, Lost / Damaged Items Processing Fee $5 per item $0 6 Lost / Damaged Chromebook Fee $300 $300 each $0
7 Lost / Damaged iPad / Tablet Fee $300 $300 each $0
8 Lost / Damaged Laptop Fee $700 $700 each $0
9 Lost / Damaged Mouse / Power cord Fee $10 $10 each $0 10 Nature Backpack Replacement Fee $50 $50 each $0
11 Replace Lost Library Card $2 $2 card $0
12 Reusable Library Tote Bag $2 $2 each $0
13 Ear Bud Headphones $3 $3 each $0
14 USB Flash Drive $5 $5 each $0
Library Room Rentals
15 Room Rental - Refund Fee 25% 25% rental cost $0
16 Room Rental - Cleaning / Damage Deposit $100 $250 each $150 17 Turrentine Room Rental (Non-Profit) $20 $87 hour $67 18 Turrentine Room Rental (All Others) $40 - $60 $99 - $124 hour $59-$64 17 Room Rental - Staff Fee $25
18 Turrentine Room - Laptop Use $25
19 Turrentine Room - P.A. System Use $25
20 Turrentine Room - Projector Use $25
21 Turrentine Room Rental / Class B $20 $20 hour $0
22 Turrentine Room Rental / Class C $20 $20 hour $0
23 Turrentine Room Rental / Class E $60 $60 hour $0
24 Turrentine Room Rental / Class D $40 $40 hour $0
23 Resolution No. 2024-72
Exhibit "A"
418
Item12.
City of Escondido
User and Regulatory Fee Study
Library Fees
Fee Description
Current
Fee
Current Cost
Recovery Proposed Fee
Proposed
Cost
Recovery
Fee
Structure Fee Change
Pioneer Room Services
19 Pioneer Room Research (Obituaries, Cemeteries, etc.) Free Free 20 minutes $0 20 Pioneer Room Research (Obituaries, Cemeteries, etc.) $20 $20 hour $0 21 Pioneer Room-Photo or document preservation $25 $25 hour + materials
$0
24 Resolution No. 2024-72
Exhibit "A"
419
Item12.
City of Escondido
User and Regulatory Fee Study
Administrative Fees
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost of
Svc Current Fee
Current Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
1 Blueprint Copying Fee $3 $3 page $0
2 Copies from Microfilm $1.00 $1.00 each $0
3 Copying - Full Plan $3.00 $3.00 page $0
4 Copying - Letter size $0.15 $0.15 page $0
5 Copying - Legal size and 11 x 17 $0.25 $0.25 page $0
6 Copying - 18 x 24 $3.00 $3.00 sheet $0
7 Copying - 24 x 36 $5.00 $5.00 sheet $0
8 Late Penalty: not paid within 30 days of billing (excludes Utilities)
10.00% 10.00% billed amount $0
9 Other Commissions Agenda + Minutes Subscription $50.00 $50.00 year $0 10 Other Commissions Agenda Subscription $15.00 $15.00 year $0 11 Shopping Cart Containment Fee $45.00 $45.00 each $0
12 Agenda Packet - Full $600.00 $600.00 year $0
13 Agenda Subscription $100.00 $100.00 year $0
14 Appeal - Bldg. Adv. Board Decision $40.00 $40.00 appeal $0 15 Appeal - Board / Commission Decisions, other (w/o public notice)
$40.00 $40.00 appeal $0
16 Appeal - Board / Commission Decisions, other (with public notice)
$75.00 $75.00 appeal $0
17 Appeal - Curbs, Gutters, Sidewalks, Streets $300.00 $300.00 appeal $0 18 Appeal - Legal Notice $160.00 $160.00 appeal $0
19 Appeal - News Racks $75.00 $75.00 appeal $0
20 Appeal - Order Abatement Water Wells $40.00 $40.00 appeal $0 21 Appeal - Planning Commission Decision - Other $1,535.00 $1,535.00 appeal + notice fees
$0
22 Appeal - Planning Commission Decision - Single Family $1,210.00 $1,210.00 appeal + notice fees
$0
23 Appeal - Public Nuisance (w / o public notice) $40.00 $40.00 appeal $0 24 Appeal - Public Nuisance (with public notice) $75.00 $75.00 appeal + notice fees
$0
25 Appeal - Street Dedication / Improvement $300.00 $300.00 appeal $0 26 Audio CD / Council Meetings $10.00 $10.00 disk $0
27 Candidate Filing Fee $25.00 $25.00 election $0
28 Certified Copies $5.00 $5.00 copy $0
29 Certified Copy Mailing $3.50 $3.50 mailing $0
30 Charge for CD / DVD used to copy records $5.00 $5.00 per CD/DVD $0 31 Confirmed Agenda $75.00 $75.00 annual $0
32 DVD / Council Meetings $25.00 $25.00 DVD $0
33 FPPC Copies $0.10 $0.10 page $0
34 Minutes (Council Mtgs.) $100.00 $100.00 annual $0
35 Muni Code Book $125.00 $125.00 book $0
25 Resolution No. 2024-72
Exhibit "A"
420
Item12.
City of Escondido
User and Regulatory Fee Study
Administrative Fees
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost of
Svc Current Fee
Current Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
36 Muni Code Mailing $15.00 $15.00 mailing $0
37 Muni Code Supplements $75.00 $75.00 year $0
38 Zoning Code Book $85.00 $85.00 book $0
39 Zoning Code Mailing $15.00 $15.00 mailing $0
40 Zoning Code Supplements $75.00 $75.00 year $0
41 Business License Application Review Fee
a) New 0.42 $100 $42 n/a n/a $42 100% Flat Fee new
b) Renewal 0.25 $100 $25 n/a n/a $25 100% Flat Fee new
42 One-Day Temporary Business License Fee 0.25 $100 $25 $25 $25 day $0 43 Business License Processing Fee for Change of Address & Reprint
0.20 $100 $20 $20 $20 each $0
44 Business License List $100 $100 report $0
44 CIP Budget (5 Yr.) Actual Costs Actual
Costs
per report $0
45 Operating Budget Actual Costs Actual
Costs
per report $0
46 Collection Fee (Administration) $25 $25 per incident $0 47 Parking Permit Fee $25 $25 month $0
48 Parking Permit for the Day $10 $10 day $0
49 Reprint of Utility Bills / Related Schedules $1 $1 page $0 50 Subpoenaed Record Research $16 $24 hour $8
26 Resolution No. 2024-72
Exhibit "A"
421
Item12.
City of Escondido
User and Regulatory Fee Study
Police Fees
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost of
Svc
Current
Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery
Fee
Structure
Fee
Change
Police and Fire Community Room (includes Hospitality Area) 1 Staff Fees, Class B: 2 hour min $45 hour
2 Staff Fees, Class C: 2 hour min $50 hour
3 Staff Fees, Class D: 2 hour min $75 hour
4 Staff Fees, Class E: 2 hour min $95 hour
5 AV Staff Fees, Class B, C, D, E: 2 hour min $20 hour
6 Overhead Projector Rental, Class B, C, D, E: 2 hour min $25 hour 7 Wireless & Hardwired P.A. System, Class B, C, D, E: 2 hour min $25 hour 8 Flat Screen TV Monitor / DVD, Class B, C, D, E: 2 hour min $25 hour 9 Non Operational Hrs Staffing Fees, Class B, C, D, E: 2 hour min $30 hour 10 Holiday Hrs Staffing Fees, Class B, C, D, E: 2 hour min $75 hour 11 Police and Fire Community Room Reservation / Cleaning / Damage Deposit
$250 reservatio
n
Miscellaneous Police Department Fees
1 Special Event Staffing Cost: Lieutenant $110 $150 hour $40 2 Special Event Staffing Cost: Sergeant $95 $130 hour $35 3 Special Event Staffing Cost: Officer $80 $90 hour $10 4 Special Event Staffing Cost: CSO $50
4 Special Event Staffing Cost: Patrol Technician $18 hour n/a - new 5 Special Event Staffing Cost: Public Safety Dispatcher $60 $60 hour $0 6 Rental of Police Firearms Facility - Full Day Range Use $300 $1,000 each $700 7 Rental of Police Firearms Facility - Half Day Range Use $200 $600 each $400 8 Rental of Police Firearms Facility - Full Day Range Use Both Ranges $500 $1,550 each $1,050 9 Rental of Police Firearms Facility - Range Classroom Use Full Day $400 $600 each $200 10 Rental of Police Firearms Facility - Range Classroom Use Half Day $200 $300 each $100 11 Rental of Police Firearms Facility - Sanitation Fee for Groups > 50 / day
$100 $250 each $150
12 Rental of Police Firearms Facility - Range Instructor $130 hour n/a - new 13 CAD Printouts $15 $15 report $0
14 Crime Analysis Reports: first hour $59 $59 hour $0
15 Crime Analysis Reports: each additional hour $49 $49 hour $0 16 Body Worn Camera (BWC) footage reproduction $90 incident n/a - new 17 Crime Reports $15 $15 report $0
18 Diagrams or Data from Traffic Reports $15 $15 report $0 19 Fingerprints-Live scan $52
27 Resolution No. 2024-72
Exhibit "A"
422
Item12.
City of Escondido
User and Regulatory Fee Study
Police Fees
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost of
Svc
Current
Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery
Fee
Structure
Fee
Change
20 Fingerprints-Live scan no DOJ $20
19 Photographs (Non-digital): plus reproduction costs $50 $50 each $0 20 Photographs (Digital): plus $40 hourly rate for redactions $30 $30 each $0 21 Radio / Phone Transmissions: first hour $70 $70 hour $0 22 Radio / Phone Transmissions: each additional hour $55 $55 hour $0 23 Record Checks $20 $20 check $0
24 DUI Cost Recovery: Actual cost up to $12,000 per incident Actual cost
Actual cost incident
25 Subpoenas (Civil- Officer) $275 $275 day $0
26 Subpoenas (Civil-Records Personnel) $80 $80 hour $0
27 Subpoenas (Records) $24 plus
postage
$24 plus
postage
hour
Licenses and Applications
28 Cabaret License $100 $100 license $0
29 Bingo Licenses / 1st year $50 $50 license $0
30 Bingo Licenses (renewal) $25 $25 license $0
31 Massage Establishments - Initial Application $469 $469 each $0 32 Massage Establishments - Renewal
(If needed, LiveScan costs additional $69)
$100 $100 each $0
33 Second Hand Licenses / Pawn Licenses 1st year $365 $365 each + $32 each
person
added
$0
34 Second Hand Licenses / Pawn Licenses Renewal $50 $50 renewal $0 35 Tobacco License $88 $88 license $0
Parking Violations
36 Parking Violations - If Not Specified by Specified Amount Below $46 $50 each $4 37 Parking Violations - Bus Zone $256 $256 violation $0 38 Parking Violations - Parked Obstructing Wheelchair Access Ramp $306 $306 violation $0 39 Parking Violations - Parked, Standing in Handicapped Space $416 $416 violation $0 40 Parking Violations - Parked, Blocking Access to Handicap Space $416 $416 violation $0 41 Parking Violations - Parked in Handicapped Crosshatched $416 $416 violation $0 42 Parking Violations - Parked Near sidewalk Access Ramp $361 $361 violation $0 28 Resolution No. 2024-72
Exhibit "A"
423
Item12.
City of Escondido
User and Regulatory Fee Study
Police Fees
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost of
Svc
Current
Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery
Fee
Structure
Fee
Change
43 Parking Violations - Parked Blocking Intersection (Gridlock) $71 $71 violation $0 44 Parking Violations - Parking Hazardous Waste in Res District $221 $221 violation $0 45 Parking Violations - Front License Plate Required $51 $51 violation $0 46 Parking Violations - License Plate Fixed and Visible $51 $51 violation $0 47 Parking Violations - Current Month / Year Tabs on Rear Plate $51 $51 violation $0 48 Ticket Sign Off $10 $10 violation $0
49 Parking Violations - Violation of Traffic Sign Parks $46 See above violation 50 Parking Violations - Vehicle on Unpaved Area-Parks $46 See above violation 51 Parking Violations - Parked in Non-Designated Area-Parks $46 See above violation 52 Parking Violations - Parked in Road or Driveway-Parks $46 See above violation 53 Parking Violations - Parked in Tube / Tunnel $46 See above violation 54 Parking Violations - Parked Near Safety Zone $46 See above violation 55 Parking Violations - Parked Near Intersection $46 See above violation 56 Parking Violations - Parked Near Signal, Sign $46 See above violation 57 Parking Violations - Parked in Other Expedient Places $46 See above violation 58 Parking Violations - Parked in Early Morning Zones $46 See above violation 59 Parking Violations - Overtime Parking on the Street $46 See above violation 60 Parking Violations - Removal of Time Marking $71 violation 61 Parking Violations - Parking in Single Space Required $46 See above violation 62 Parking Violations - Backed into angle Parking Space $46 See above violation 63 Parking Violations - Parked, Stopping, Standing in Alley $46 See above violation 64 Parking Violations - Displaying Vehicle for Sale $46 See above violation 65 Parking Violations - Washing / Repairing Vehicle in Street $46 See above violation 66 Parking Violations - Parking on Hills (Wheels Turned Improperly) $46 See above violation 67 Parking Violations - Commercial Vehicle in Resd. Area $46 See above violation 68 Parking Violations - Parking Veh over 7k lbs / unattached trailer $46 See above violation 69 Parking Violations - Violation of Permit Parking $46 See above violation 70 Parking Violations - Displayed Expired Permit $46 See above violation 71 Parking Violations - Misuse of Permit $46 See above violation 72 Parking Violations - Duplicate Permit $46 See above violation 73 Parking Violations - Violation of Curb Marking $46 See above violation 74 Parking Violations - Misuse of Passenger Loading Zone $46 See above violation 75 Parking Violations - Parking in Residential Yard $46 See above violation 29 Resolution No. 2024-72
Exhibit "A"
424
Item12.
City of Escondido
User and Regulatory Fee Study
Police Fees
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost of
Svc
Current
Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery
Fee
Structure
Fee
Change
76 Parking Violations - Storing / Parking Trailer in Resd Area $46 See above violation 77 Parking Violations - Parked Vehicle or Animal on Public Grounds $46 See above violation 78 Parking Violations - Illegally Parked Bicycle $56 See above violation 79 Parking Violations - Obstruction of Bike Path $46 See above violation 80 Parking Violations - Parked in Intersection $46 See above violation 81 Parking Violations - Parked in Crosswalk $46 See above violation 82 Parking Violations - Parked in Safety Zone / Red Curb $46 See above violation 83 Parking Violations - Parked 15 FT of Fire Station $46 See above violation 84 Parking Violations - Parked Blocking Driveway $46 See above violation 85 Parking Violations - Parked on Sidewalk $46 See above violation 86 Parking Violations - Parked and Obstructing Traffic $46 See above violation 87 Parking Violations - Double Parked $46 See above violation 88 Parking Violations - Stopping, Standing, Parking in Fire Lane $46 See above violation 89 Parking Violations - Parking 18 inches from Curb $46 See above violation 90 Parking Violations - Parallel Parking on One Way St $46 See above violation 91 Parking Violations - Parked within 15 Ft of Fire Hydrant $46 See above violation 92 Parking Violations - Parked on Railroad Track or within 7 1 / 2 Ft $46 See above violation Towing Fees
49 Tow - After Hour Gate Fee $50 $120 each $70
50 Tow - Basic Tow $190 $245 each $55
51 Tow - Medium Duty Tow $200 $280 tow $80
52 Tow - Heavy Duty Tow $250 $345 tow $95
53 Tow - Labor Rate (towing charge includes 1 hour of labor): Basic $115 $160 hour $45 54 Tow - Labor Rate (towing charge includes 1 hour of labor): Medium $145 $200 hour $55 55 Tow - Labor Rate (towing charge includes 1 hour of labor): Heavy $175 $245 hour $70 56 Tow - Negligent Vehicle Impound Fee $180 $180 each $0 57 Tow - Storage / Outdoor $45 $65 day $20
58 Tow - Storage / Indoor $45 $70 day $25
59 Tow - Police Tows to Junk $38 $38 tow $0
60 Tow for City Vehicles (in San Diego County) $40 $140 tow $100 61 Towing Rates (Law Enforcement Directed) $95 $140 tow $45 30 Resolution No. 2024-72
Exhibit "A"
425
Item12.
City of Escondido
User and Regulatory Fee Study
Banner Hanging Fees
Cost of Service Calculation - At Fully-Burdened Hourly Rate Fee Description
Est. City
Staff
Labor Hrs
Fully-
Burdened
Hourly
Est. Cost of
Service Current Fee
Current Cost
Recovery Proposed Fee
Proposed
Cost
Recovery
1 Banner Hanging
a) Overstreet / Special Event Banner Hanging contract x contract = $1,200 $40 3% $1,200 100% b) Hero Banner
i) Initial contract x contract = contract pass-through of actual cost
100%
ii) Re-Hang contract x contract = contract pass-through of actual cost
100%
31 Resolution No. 2024-72
Exhibit "A"
426
Item12.
City of Escondido
User and Regulatory Fee Study
Code Enforcement
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost of
Svc
Current
Fee
Current Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery
Fee
Structure
Fee
Change
1 Administrative Citation - First Violation $100 $100 each $0 2 Administrative Citation - Second Violation $250 $250 each $0 3 Administrative Citation - Third & Subsequent Violations $500 $500 each $0 4 Certificate of Compliance Fee $500 $500 each $0
5 Code Enforcement Re-Inspection Fee $52 $52 each new
6 Mobilehome Park Re-Inspection Fee: first hour $196 $196 hour $0 7 Mobilehome Park Re-Inspection Fee: second hour $82 $82 hour $0 8 Mobilehome Park Re-Inspection Fee:
Each additional 1/2 hour required by State Law
$41 $41 1/2 hour $0
32 Resolution No. 2024-72
Exhibit "A"
427
Item12.
City of Escondido
User and Regulatory Fee Study
Housing
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost
of Svc Current Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
1 First Time Homebuyer Application 18.00 $125 $2,250 $50 2% $100 4% each $50 2 First Time Homebuyer Participating Lender Fee - Initial Fee 1.00 $125 $125 $100 80% $125 100% initial fee $25 3 First Time Homebuyer Participating Lender Fee - Annual Fee 1.00 $125 $125 $50 40% $75 60% annual $25 4 Subordination Fee 5.00 $125 $625 $50 8% $100 16% each $50 5 Reconveyance Fee 5.00 $125 $625 n/a - new 0% $100 16% each new 6 Monitoring Fee for Affordable Housing Developments - 1-10 Units 5.00 $125 $625 $125 $125 annual $0 7 Monitoring Fee for Affordable Housing Developments - 11-25 Units 5.00 $125 $625 $175 $175 annual $0 8 Monitoring Fee for Affordable Housing Developments - 26+ Units 5.00 $125 $625 $400 $400 annual $0 9 Mobilehome Rent Increase Application Fee 30.00 $125 $3,750 $2,000 $3,750 each $1,750 10 Mobilehome Rent Increase Application Cost Recovery Deposit varies $5,800 $5,800 each $0 11 Mobilehome Park Permit to Operate $140 $140 annual $0 12 Mobilehome Rent Control Admin Fee $40 $40 annual /
space
$0
13 Mobilehome Per Lot Fee $7 $7 annual /
space
$0
14 Mobilehome Park Maintenance Fee $4 $4 annual /
space
$0
33 Resolution No. 2024-72
Exhibit "A"
428
Item12.
City of Escondido
User and Regulatory Fee Study Proposed Fee Change Aligns to Change in Lakes Regional CPI from 2020 through 2023.
Fee Description
Est. Labor
Hours Hourly Rate
Est. Cost of
Svc Current Fee
Current Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery
Fee
Structure
Fee
Change
Dixon Lake Fees
1 Dixon Boat Rental before 1 p.m. $20 $23 day $3
2 Dixon Boat Rental > 1 p.m. $15 $17 day $2
3 Dixon Boat Rental-Night Row $15 $17 day $2
4 Dixon Boat Rental-hourly 6 a.m. to 1 p.m. $13 $15 hour $2 5 Dixon Boat Rental-hourly after 1 p.m. $11 $13 hour $2 6 Dixon Boat Rental w / motor before 1 p.m. $40 $46 day $6 7 Dixon Boat Rental w / motor > 1 p.m. $30 $35 day $5
8 Dixon Boat Rental-Night Motor $35 $40 day $5
9 Dixon Boat Rental w / motor-hourly 6 a.m. to 1 p.m. $25 $29 hour $4 10 Dixon Boat Rental w / motor-hourly after 1 p.m. $20 $23 hour $3 11 Dixon Boat Rental - Bass Boat Full Day $60 $69 day $9 12 Dixon Boat Rental - Bass Boat Half Day $40 $46 day $6 13 Dixon Paddle Boat Rental - 2 passenger & 4 passenger $15 $17 half hour $2 14 Dixon Paddle Boat Rental - 2 passenger & 4 passenger $15 $17 hour $2 15 Dixon Float Tube $5 $6 day $1
16 Dixon Air Jump / Rock Climbing Wall Fee (insurance
verification)
$25 $29 each $4
17 Dixon Campsite / Per Night - deluxe March 2 - Nov 15 $50 $58 vehicle $8 18 Dixon Campsite / Per Night - deluxe Nov 16 - March 1 $50 $58 vehicle $8 19 Dixon Campsite / Per Night - regular March 2 - Nov 15 $30 $35 vehicle $5 20 Dixon Campsite / Per Night - regular Nov 16 - March 1 $30 $35 vehicle $5 21 Dixon Campsite / Per Night - accessible handicap cabin $100 $115 vehicle $15 22 Dixon Camping / Reservation Fee $5 $6 reservation $1 23 Dixon Camping / Extra Vehicle Parking / Night $5 $6 vehicle $1 24 Dixon Camping / Non-camping Dump Fee $50 $58 each $8 25 Dixon Camping Dog Fee $1 $1 dog per night $0
26 Dixon Group Camping / Night: 50 people / 10 vehicles $100 $115 night $15 34 Resolution No. 2024-72
Exhibit "A"
429
Item12.
City of Escondido
User and Regulatory Fee Study Proposed Fee Change Aligns to Change in Lakes Regional CPI from 2020 through 2023.
Fee Description
Est. Labor
Hours Hourly Rate
Est. Cost of
Svc Current Fee
Current Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery
Fee
Structure
Fee
Change
27 Dixon Fishing Fee / Adult > 16 yrs. $9 $10 person $1 28 Dixon Fishing Fee / Seniors > 60 yrs. $6 $7 person $1 29 Dixon Fishing Fee / Youth 8-15 yrs. $6 $7 person $1
30 Dixon Lake Picnic Shelter $50 $58 reservation $8
31 Dixon Lake Group BBQ Shelter $40 $46 reservation $6
32 Dixon Lake 2nd Rod Stamp $3 $3 each $0
33 Dixon Rec Area Reservation $100 $115 reservation $15 34 Dixon Eagle Peak Climbing Area for Classes/Groups over 10 $50 $58 reservation $8
35 Dixon Vehicle Entry RV / Bus-Vehicle > 20 $25 $29 vehicle $4 36 Dixon Vehicle Entry / Car / Van / Motorcycle $5 $6 weekends / holidays
$1
37 Dixon Vehicle Entry / Car / Van / Motorcycle $3 $4 weekdays $1 Wohlford Lake Fees
38 Wohlford Boat Rental before 1 p.m. $20 $23 day $3
39 Wohlford Boat Rental > 1 p.m. $15 $17 day $2
40 Wohlford Boat Rental-Hourly 6 a.m. to 1 p.m. $13 $15 hour $2 41 Wohlford Boat Rental-Hourly after 1 p.m. $11 $13 hour $2 42 Wohlford Boat Rental w / motor before 1 p.m. $40 $46 day $6 43 Wohlford Boat Rental w / motor > 1 p.m. $35 $40 day $5 44 Wohlford Boat Rental w / motor-hourly 6 a.m. - 1 p.m. $25 $29 hour $4 45 Wohlford Boat Rental w / motor-hourly after 1 p.m. $20 $23 hour $3 46 Wohlford Boat Rental - Bass Boat $40 $46 half day $6 47 Wohlford Boat Rental - Bass Boat $60 $69 day $9
48 Wohlford Fishing Fee / Adult > 16 yrs. $9 $10 person $1 49 Wohlford Fishing Fee / Seniors > 60 yrs. $6 $7 person $1 50 Wohlford Fishing Fee / Youth 8-15 yrs. $6 $7 person $1 51 Wohlford Paddle Boat Rental - 2 passenger & 4
passenger
$15 $17 half hour $2
52 Wohlford Paddle Boat Rental - 2 passenger & 4
passenger
$15 $17 hour $2
53 Wohlford Float Tube $5 $6 day $1
54 Wohlford Air Jump / Rock Climbing Wall Fee (insurance verification)
$25 $29 each $4
35 Resolution No. 2024-72
Exhibit "A"
430
Item12.
City of Escondido
User and Regulatory Fee Study Proposed Fee Change Aligns to Change in Lakes Regional CPI from 2020 through 2023.
Fee Description
Est. Labor
Hours Hourly Rate
Est. Cost of
Svc Current Fee
Current Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery
Fee
Structure
Fee
Change
55 Wohlford Private Boat Launch / Day (includes inspection fee)
$15 $17 day $2
56 Wohlford Gas - Outboard Motors $7 $8 gallon $1
57 Wohlford Picnic Area Reservation (50 persons max) $50 $58 reservation $8 Park Rental and Special Event Lake Fees
58 Dixon Lake: Rental of entire park ($1,000 refundable deposit required)
$5,000 -
$10,000
$5,000 -
$10,000
reservation $0
59 Daley Ranch (excludes Ranch House): Partial rental of the park ($1,000 refundable deposit required).
$5 $5 per
participant
$0
60 Wohlford Lake: Rental of entire park ($1,000 refundable deposit required)
$5,000 -
$10,000
$5,000 -
$10,000
reservation $0
61 Daley Ranch (excludes Ranch House): Rental of entire park ($1,000 refundable deposit required)
$5,000 -
$10,000
$5,000 -
$10,000
reservation $0
62 Combination Rental of 2 of the above parks ($2,000
refundable deposit required)
$7,000 -
$20,000
$7,000 -
$20,000
reservation $0
63 Special Events: Base rental fee listed above or 10% of the gross revenue generated (gross revenue,
merchandise sales, food/alcohol sales and catering,
ticket sales, etc.), whichever is higher
Fee or 10% of
gross
revenue
Fee or 10%
of gross
revenue
event $0
36 Resolution No. 2024-72
Exhibit "A"
431
Item12.
City of Escondido
User and Regulatory Fee Study
Utility Fees
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost of
Svc
Current
Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
Miscellaneous Utilities Penalties & Fees
1 Past Due Letter Notification for Nonpayment $1.50 $1.50 letter $0 2 Late Penalty / All fees not paid within 19 days of billing 10.00% 10.00% billed amount $0 3 Door Hanger Notification of Shut-off for Nonpayment $35 $75 notification $40 4 Shut-off for Nonpayment $45 $50 each $5
5 Turn-on for Nonpayment $75 $50 each ($25)
6 Shut-off / Turn-on Fee if paid prior to 2:00 pm $45 each 7 Shut-off / Turn-on Fee if paid after 2:00 pm $75 each 6 Damaged Lock Fee $175 $200 lock $25
7 Damaged - Angle Water Meter Stops - 5 / 8" & 3 / 4" $450 $450 meter $0 8 Damaged - Angle Water Meter Stops - 1" $475 $475 meter $0 9 Damaged - Angle Water Meter Stops - 1 1 / 2" $825 $1,025 meter $200 10 Damaged - Angle Water Meter Stops - 2" $875 $1,025 meter $150 11 Backflow Noncompliance - Door Hanger or Shut-off Notification $35 $35 notification $0 12 Backflow Noncompliance - Shut-off / Turn-on $75 $75 each $0 13 After hours turn-on for nonpayment n/a $150 each n/a - new 14 Backflow Noncompliance - Third Notice n/a $1.50 letter n/a - new 15 Backflow Noncompliance - Shut-off/Turn-on n/a $225 each n/a - new 16 Backflow Installation, Inspection and Certification n/a $15 each n/a - new 17 Backflow Administration Fee n/a $3.25 monthly n/a - new 18 Recycled Water Cross-Connection Test n/a $775 each n/a - new 19 Pump Station Zone Electricty Usage n/a $0.43 1,000 gal n/a - new 20 Tester Gauge Certification Update (Certified Testers List) n/a $20 annual n/a - new 21 Large Meter Calibration Test (3" and larger) n/a $165 calibration n/a - new 22 Fire Flow Test n/a $500 each n/a - new
23 Detector Check for Unoccupied Building n/a $47.44 monthly n/a - new Water Meter Installation Fees
24 New Perm. Meter - 1" / Full Set (new service line with meter and box) $4,550 $7,500 meter $2,950 25 New Perm. Meter - 1" / Meter and Box $500 $690 meter $190 26 New Perm. Meter - 1 1 / 2" / Full Set $5,250 $9,750 meter $4,500 27 New Perm. Meter - 1 1 / 2" / Meter and Box $1,115 $1,500 meter $385 28 New Perm. Meter - 2" / Full Set $6,000 $10,250 meter $4,250 29 New Perm. Meter - 2" / Meter and Box $1,500 $1,710 meter $210 30 New Perm. Meter - 3 / 4" / Full Set $4,000 $7,000 meter $3,000 31 New Perm. Meter - 3 / 4" / Meter and Box $415 $560 meter $145 32 New Perm. Meter - 3" Meter Drop-In $3,500 $5,000 each $1,500 33 New Perm. Meter - 4" Meter Drop-In $4,800 $5,700 each $900 34 New Perm. Meter - 6" Meter Drop-In $7,900 $9,400 each $1,500 35 New Perm. Meter - 8" Meter Drop-In $7,900 $14,400 each n/a - new 36 New Service Turn On $55 $75 each $20
37 New Service Turn On / After Hours $180 $225 each $45 37 Resolution No. 2024-72
Exhibit "A"
432
Item12.
City of Escondido
User and Regulatory Fee Study
Utility Fees
Fee Description
Est. Labor
Hours
Hourly
Rate
Est. Cost of
Svc
Current
Fee
Current
Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Fee Structure
Fee
Change
38 Meter Calibration Test $125 $150 calibration $25
39 Water Detector Check $63.51 $63.51 each $0
40 New Line Bacti Retest Fee $200 $200 each $0
41 New Line Bacti Retest Fee - additional sample $26 $26 each $0 42 TSAWR (formerly SAWR) Use $3.31 $4.46 1,000 gal $1.15 43 2.5" Temporary Meter Set and Remove $125 $125 each $0 44 4" Temporary Meter Set and Remove $300 each n/a - new 45 6" Temporary Meter Set and Remove $500 each n/a - new 46 8" Temporary Meter Set and Remove $800 each n/a - new 47 Perm. DCA Meter - 3 / 4" / Meter $300 meter n/a - new 48 Wastewater Control Permit - Commercial Establishments $150 year n/a - new 49 Wastewater Control Permit - Storm Water $150 year n/a - new 50 Wastewater Grease Control Permit - Food Service Establishments $160 $240 year $80 51 Wastewater Control Permit - Automotive Service Establishments $160 $240 year $80 38 Resolution No. 2024-72
Exhibit "A"
433
Item12.
Class E Fee Class D Fee (-10%) Class C Fee (-20%) Class B (-30%) Charge Basis Note City Hall Meeting Rooms
43 Mitchell Room (w/kitchen & patio) $125.00 $113.00 $100.00 $88.00 hour (2 min) 44 City Hall Dome Area $100.00 $90.00 $80.00 $70.00 hour (2 min) 45 City Hall Fountain $90.00 $81.00 $72.00 $63.00 hour (2 min) 46 City Hall Training Room 1 $67.00 $60.00 $54.00 $47.00 hour (2 min) Community Centers
47 Mathes Center Meeting Room $70.00 $63.00 $56.00 $49.00 hour 48 Mathes Center Dance/Exercise Room $143.00 $129.00 $114.00 $100.00 hour 49 Washington Park Recreation Building $100.00 $90.00 $80.00 $70.00 hour 50 EVCC Citrus Room $67.00 $60.00 $54.00 $47.00 hour
51 EVCC Grove Room $65.00 $59.00 $52.00 $46.00 hour
52 EVCC Vineyard Room (w/kitchen) $136.00 $122.00 $109.00 $95.00 hour 53 EVCC Dance/Exercise Room $143.00 $129.00 $114.00 $100.00 hour 54 EVCC Gymnasium - Full $200.00 $180.00 $160.00 $140.00 hour 55 EVCC Gymnasium - Half $100.00 $90.00 $80.00 $70.00 hour 56 EVCC Children's Room (w/play area) $86.00 $77.00 $69.00 $60.00 hour 57 PACC Sycamore Room $84.00 $76.00 $67.00 $59.00 hour
58 PACC Maple Room $65.00 $59.00 $52.00 $46.00 hour
59 PACC Cedar Room $65.00 $59.00 $52.00 $46.00 hour
60 PACC Auditorium (w/kitchen) $200.00 $180.00 $160.00 $140.00 hour 61 PACC Oak Room $98.00 $88.00 $78.00 $69.00 hour
62 PACC West Courtyard Gazebo $75.00 $68.00 $60.00 $53.00 hour 63 PACC East Courtyard $128.00 $115.00 $102.00 $90.00 hour 64 PACC Sequioa Room $65.00 $59.00 $52.00 $46.00 hour
Class E (full cost) : Commerical groups, businesses, users affliated with commerical industries, non-Escondido residents, or elected officials conducting political campaign activities or fundraising events.
Proof of Status : In order to meet the classification requirement, proof of status will be requested. This may include one or more, but not limited to an Exemption Determination Letter from the IRS, a list of full organizational membership (to achieve 75% residency), Escondido business license, utility bill, rental/lease agreement with an Escondido address, or other proof that may fulfill the requirement. Branch offices within the city limits shall qualify as Escondido-based residency. Inability to provide proof of status will result in Class E categorization.
Activity Description
City of Escondido
Community Services Department - RENTAL FEES
User Classifications
Class A (FREE) : City of Escondido
Class B (30% discount) : Escondido-based nonprofit organizations with proof of 501(c)(3) status whose membership is comprised of at least 75% Escondido residents; government agencies; and schools (kindergarten trhough college).
Class C (20% discount) : Non-Escondido-based nonprofit organizations or any not-for-profit organization that may have a 501(c)4-11 designation or political organization subject to Section 527 of IRS rules (political party, committee, association, fund, or organization) not conducting fundraising or campaign activities.
Class D (10% discount) : Private parties of Escondido residents that have a valid Escondido address within zip codes 92025, 92026, 92027, or 92029.
Rental Fees 1 of 3
39 Resolution No. 2024-72
Exhibit "A"
434
Item12.
Class E Fee Class D Fee (-10%) Class C Fee (-20%) Class B (-30%) Charge Basis Note Class E (full cost) : Commerical groups, businesses, users affliated with commerical industries, non-Escondido residents, or elected officials conducting political campaign activities or fundraising events.
Proof of Status : In order to meet the classification requirement, proof of status will be requested. This may include one or more, but not limited to an Exemption Determination Letter from the IRS, a list of full organizational membership (to achieve 75% residency), Escondido business license, utility bill, rental/lease agreement with an Escondido address, or other proof that may fulfill the requirement. Branch offices within the city limits shall qualify as Escondido-based residency. Inability to provide proof of status will result in Class E categorization.
Activity Description
City of Escondido
Community Services Department - RENTAL FEES
User Classifications
Class A (FREE) : City of Escondido
Class B (30% discount) : Escondido-based nonprofit organizations with proof of 501(c)(3) status whose membership is comprised of at least 75% Escondido residents; government agencies; and schools (kindergarten trhough college).
Class C (20% discount) : Non-Escondido-based nonprofit organizations or any not-for-profit organization that may have a 501(c)4-11 designation or political organization subject to Section 527 of IRS rules (political party, committee, association, fund, or organization) not conducting fundraising or campaign activities.
Class D (10% discount) : Private parties of Escondido residents that have a valid Escondido address within zip codes 92025, 92026, 92027, or 92029.
Picnic Areas
65 Jesmond Dene Pepper Tree (12-50 people) $207.00 $186.00 $166.00 $145.00 Reservation [c] 66 Jesmond Dene Pine Tree (12-50 people) $207.00 $186.00 $166.00 $145.00 Reservation [c] 67 KCP El Arroyo 1 (12-200 people) - Mini-Gazebo $230.00 $207.00 $184.00 $161.00 Reservation 68 KCP El Arroyo 2 (12-200 people) - Gazebo $230.00 $207.00 $184.00 $161.00 Reservation 69 KCP El Arroyo 1 & 2 (201-600 people) $345.00 $311.00 $276.00 $241.00 Reservation 70 KCP Tree Lake 1 (12-80 people) - Gazebo $230.00 $207.00 $184.00 $161.00 Reservation 71 KCP Tree Lake 2 (12-50 people) $207.00 $186.00 $166.00 $145.00 Reservation 72 KCP Tree Lake 3 (12-50 people) $207.00 $186.00 $166.00 $145.00 Reservation 73 KCP Ray Love (12-50 people) $207.00 $186.00 $166.00 $145.00 Reservation 74 KCP North Picnic Area (12-50 people) $207.00 $186.00 $166.00 $145.00 Reservation 75 KCP Adobe Circle (25 people) $115.00 $104.00 $92.00 $81.00 Reservation 76 Grove Park Gazebo (20 people) $115.00 $104.00 $92.00 $81.00 Reservation Specialized Park Facilities
77 Group Fitness Activity Fee $35.00 $32.00 $28.00 $25.00 hour 78 Tennis Court Fee (KCP, MVP, WP) $35.00 $32.00 $28.00 $25.00 per court per hour [d] 79 Pool Rental (JSP, WPP - include 2 lifeguards) $200.00 $180.00 $160.00 $140.00 hour (2 min) 80 Queen Califia's Magical Circle Garden $1,500.00 $1,500.00 $1,500.00 $1,500.00 reservation (2 max) [e] 81 Mayflower Dog Park Group Pen Fee $30.00 $27.00 $24.00 $21.00 hour/pen Kit Carson Park Amhitheatre
82 KCP Amphitheatre $250.00 $225.00 $200.00 $175.00 hour 83 KCP Amphitheatre Parking lot (only) $150.00 $135.00 $120.00 $105.00 reservation Escondido Sports Center
84 Soccer/Hockey Arena $115.00 $104.00 $92.00 $81.00 hour 85 Mini-Soccer Arena $75.00 $68.00 $60.00 $53.00 hour
86 Skate Park $160.00 $144.00 $128.00 $112.00 hour
Rental Fees 2 of 3
40 Resolution No. 2024-72
Exhibit "A"
435
Item12.
Class E Fee Class D Fee (-10%) Class C Fee (-20%) Class B (-30%) Charge Basis Note Class E (full cost) : Commerical groups, businesses, users affliated with commerical industries, non-Escondido residents, or elected officials conducting political campaign activities or fundraising events.
Proof of Status : In order to meet the classification requirement, proof of status will be requested. This may include one or more, but not limited to an Exemption Determination Letter from the IRS, a list of full organizational membership (to achieve 75% residency), Escondido business license, utility bill, rental/lease agreement with an Escondido address, or other proof that may fulfill the requirement. Branch offices within the city limits shall qualify as Escondido-based residency. Inability to provide proof of status will result in Class E categorization.
Activity Description
City of Escondido
Community Services Department - RENTAL FEES
User Classifications
Class A (FREE) : City of Escondido
Class B (30% discount) : Escondido-based nonprofit organizations with proof of 501(c)(3) status whose membership is comprised of at least 75% Escondido residents; government agencies; and schools (kindergarten trhough college).
Class C (20% discount) : Non-Escondido-based nonprofit organizations or any not-for-profit organization that may have a 501(c)4-11 designation or political organization subject to Section 527 of IRS rules (political party, committee, association, fund, or organization) not conducting fundraising or campaign activities.
Class D (10% discount) : Private parties of Escondido residents that have a valid Escondido address within zip codes 92025, 92026, 92027, or 92029.
Sports Fields/Tournaments
87 Field Usage $35.00 $32.00 $28.00 $25.00 hour
88 Ryan Park Tournament Field Use $275.00 $248.00 $220.00 $193.00 day Notes
[c] Added as a future rental space.
[d] Includes pickleball, needs to entire court if dual striped. [e] No discounts offered, flat rate.
Rental Fees 3 of 3
41 Resolution No. 2024-72
Exhibit "A"