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Agenda packet

Escondido City Council
June 24, 2026

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Agenda packet
Meeting
June 24, 2026
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Escondido City Council
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65
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Text extracted from the city's file for reading and search. Open the original on mccmeetings.blob.core.usgovcloudapi.net. That file is the official record.

CITY of ESCONDIDO
Council Meeting Agenda
WEDNESDAY, JUNE 24, 2026
4:00 PM - Closed Session (City Attorney Conference Room) 5:00 PM - Regular Session
Escondido City Council Chambers, 201 North Broadway, Escondido, CA 92025

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

MAYOR
Dane White

DEPUTY MAYOR
Joe Garcia (District 2)

COUNCILMEMBERS
Consuelo Martinez (District 1)
Christian Garcia (District 3)
Judy Fitzgerald (District 4)

CITY MANAGER
Sean McGlynn

CITY ATTORNEY
Michael McGuinness

CITY CLERK
Zack Beck

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

In Person On TV Online
201 N. Broadway Cox Cable Channel 19 and U-verse Channel 99 www.escondido.gov 1 Wednesday, June 24, 2026

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

In Person In Writing

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

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

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

2 Wednesday, June 24, 2026

CLOSED SESSION
4:00 PM

CALL TO ORDER

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

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

CLOSED SESSION

I. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION (Government Code § 54957.6) a. Estate of Jacob Illian, et al. v. City of Escondido, Jason Ingco United States District Court Case No. 26-CV-3448-H (JLB) b. Rene Janelle Filippi v. City of Escondido
San Diego Superior Court Case No. 25CU060120N

ADJOURNMENT

3 Wednesday, June 24, 2026

REGULAR SESSION
5:00 PM Regular Session

MOMENT OF REFLECTION

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

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

PROCLAMATION
Parks and Recreation Month

CLOSED SESSION REPORT

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

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

1. AFFIDAVITS OF PUBLICATION, MAILING, AND POSTING (COUNCIL/RRB) 4 Wednesday, June 24, 2026

2. APPROVAL OF WARRANT REGISTER
Request the City Council approve the City Council and Housing Successor Agency warrants issued between June 08, 2026 to June 14, 2026.

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

3. APPROVAL OF MINUTES: Regular meetings of June 10, 2026 and June 17, 2026

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. CONSULTING AGREEMENT WITH ADMINSURE, INC. TO PROVIDE CLAIMS ADMINISTRATION SERVICE FOR THE CITY’S WORKERS’ COMPENSATION PROGRAM
Request the City Council adopt Resolution No. 2026-84, authorizing the Mayor, on behalf of the City, to execute a five-year agreement with AdminSure to provide third-party administrator services for the City of Escondido Workers’ Compensation program.

Staff Recommendation: Approval (Human Resources Department: Jessica Perpetua, Director of Human Resources)
Presenter: Jessica Perpetua, Director of Human Resources a) Resolution No. 2026-84

6. CHANGE ORDER NO. 5 FOR THE TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS AT EAST

WASHINGTON AVENUE AND NORTH ROSE STREET
Request the City Council adopt Resolution No. 2026-117 authorizing the Mayor to execute a change order in the amount of $5,670 for the East Washington and Rose Traffic Signal and Intersection Improvement Project.

Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works) Presenter: Ed Vasquez, Project Manager
a) Resolution No. 2026-117
5 Wednesday, June 24, 2026

7. AWARD CONTRACT TO REPLACE THE ROOF AT PARK AVENUE COMMUNITY CENTER AND HALE

AVENUE COMMUNITY CENTER
Request the City Council adopt Resolution No. 2026-115 authorizing the Mayor, on behalf of the City, to execute a Public Improvement Agreement with Titan Group Corporation. in the amount of $676,353 for replacement of roof at Park Avenue Community Center (PACC) and Hale Avenue Resources Recovery Facility (HARRF).

Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works) Presenter: Ed Vasquez, Project Manager
a) Resolution No. 2026-115

8. AWARD CONTRACT FOR REPAIR AND MODERNIZATION OF THREE (3) ELEVATORS AT POLICE AND FIRE

HEADQUARTERS
Request the City Council adopt Resolution No. 2026-116 authorizing the Mayor, on behalf of the City, to execute a Professional Services Agreement with Amtech Elevator Services in the amount of $449,200 for repair and modernization of three (3) elevators at Police and Fire Headquarters (PAFHQ).

Staff Recommendation: Approval (Public Works: Joseph Goulart, Director of Public Works) Presenter: Ed Vasquez, Project Manager
a) Resolution No. 2026-116

9. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT – FOURTH AMENDMENT TO PUBLIC SERVICES AGREEMENT WITH MAKELELE SYSTEMS FOR ZONES 1-38
Request the City Council adopt Resolution No. 2026-52, authorizing the Mayor, on behalf of the City, to execute a Public Services Agreement Fourth Amendment with Makelele Systems Landscape & Maintenance, Inc. and the City of Escondido Landscape Maintenance Districts (“LMD”). The LMD is requesting the approval of one (1) year of continuing landscape maintenance service for Fiscal Year 2027 as outlined in the terms of the original agreement in the amount of $282,864, and the addition of $100,000 in prior budgeted landscape repairs to address current and deferred landscape maintenance items for the special benefit of parcel owners.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Development Services Director, and Joe Goulart Director of Public Works) Presenter: Jen Conway, Management Analyst II
a) Resolution No. 2026-52
6 Wednesday, June 24, 2026

10. PUBLIC SERVICES AGREEMENT FOR SENIOR TRANSPORTATION Request the City Council adopt Resolution No. 2026-101 authorizing a Public Services Agreement with Full Access & Coordinated Transportation, Inc., dba Facilitating Access to Coordinated Transportation in the amount of $253,422 for transportation services for seniors to and from the Park Avenue Community Center to participate in the Senior Nutrition Program.

Staff Recommendation: Approval (Community Services Department: Joseph Goulart, Director of Public Works)
Presenter: Nicole White, Community Services Manager
a) Resolution No. 2026-101

11. PUBLIC SERVICES AGREEMENT EXTENSION FOR SENIOR NUTRITION Request the City Council adopt Resolution No. 2026-102 authorizing the Fifth Amendment to Public Services Agreement with HumanGood SoCal, dba Redwood Senior Homes and Services in the amount of $68,000 for preparation and delivery of Senior Nutrition Program meals to the Park Avenue Community Center.

Staff Recommendation: Approval (Community Services Department: Joseph Goulart, Director of Public Works)
Presenter: Nicole White, Community Services Manager
a) Resolution No. 2026-102

12. PURCHASE TRAFFIC SIGNAL CONTROLLERS FOR THE CITYWIDE TRAFFIC SIGNAL COMMUNICATIONS

IMPLEMENTATION PROJECT
Request the City Council adopt Resolution No. 2026-118, authorizing the Mayor to execute, on behalf of the City, a cooperative Purchase Agreement through the HGAC-Buy Cooperative government procurement program. The contract amount is $617,156 for the purchase of 136 McCain Model 2070 Controllers and 2 McCain Model 2070 Upgrade Modules, along with Omni operating software, for the Citywide Traffic Signal Communications Implementation Project.

Staff Recommendation: Approval (Public Works Department: Joseph Goulart, Director of Public Works) Presenter: Craig Williams, Transportation Project Manager a) Resolution No. 2026-118
7 Wednesday, June 24, 2026

13. AWARD CONSULTING SERVICES AGREEMENT TO KIMLEY-HORN & ASSOCIATES, INC. FOR THE

ENGINEERING DESIGN OF GRAND AVENUE VISION PROJECT - PHASE III Request the City Council adopt Resolution No. 2026-108, authorizing the Mayor, on behalf of the City, to execute a consulting services agreement with Kimley-Horn and Associates, Inc. for engineering design of the Grand Avenue Vision Project – Phase III in the amount of $528,626.87.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services and Jason Christman, Interim City Engineer) Presenter: Christopher Hudson, Project Manager
a) Resolution No. 2026-108

14. PL26-0121 – SPECIFIC PLAN AMENDMENT TO AMEND THE RANCHO SAN PASQUAL SPECIFIC PLAN (SPA #3) TO ALLOW FOR THE DEVELOPMENT OF THE “DOS OSOS RV RESORT AND GOLF CLUB” Request the City Council adopt Resolution No. 2026-111 authorizing staff to further process a Specific Plan Amendment to the Rancho San Pasqual Specific Plan.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, AICP, Director of Development Services)
Presenter: Ivan Flores, AICP, Principal Planner
a) Resolution No. 2026-111

15. AWARD OF CONTRACT FOR ENGINEERING DESIGN SERVICES FOR 1217 SIERRA LINDA DRIVE STORM

DRAIN REPAIR PROJECT
Request the City Council adopt Resolution No. 2026-110, authorizing the Mayor, on behalf of the City, to execute a Consulting Services Agreement with Nasland Engineering in the amount of $328,808 for design engineering services of the 1217 Sierra Linda Drive Storm Drain Repair Project.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services)
Presenter: Jason Christman, Interim-City Engineer
a) Resolution No. 2026-110
8 Wednesday, June 24, 2026

16. CONTRACT AWARD FOR HAULING AND BENEFICIAL USE OF THE HALE AVENUE RESOURCE RECOVERY

FACILITY BIOSOLIDS
Request the City Council take the following actions: adopt Resolution No. 2026-71, authorizing the Mayor to execute a Public Services Agreement in the amount of $3,300,000 with Synagro West, LLC, the lowest responsive bidder, for hauling and beneficial use of biosolids from the Hale Avenue Resource Recovery Facility for Fiscal Year 2026 through Fiscal Year 2029; and authorize the City Manager to execute the first and second amendments to the Public Service Agreement with Synagro West, LLC, in the event the City exercises the option to renew for Fiscal Year 2030 and Fiscal Year 2031.

Staff Recommendation: Approval (Utilities Department: Daniel Peterson, Director of Utilities) Presenter: Kyle Morgan, Assistant Director of Utilities, Wastewater a) Resolution No. 2026-71

17. FISCAL YEAR 2025/26 PAUL COVERDELL FORENSIC IMPROVEMENT PROGRAM GRANT AND BUDGET

ADJUSTMENT
Request the City Council adopt Resolution No. 2026-100 authorizing the Chief of Police or his designee to (1) accept a Fiscal Year 2025-26 California Office of Emergency Services (CalOES) Paul Coverdell Forensic Science Improvement Program Grant in the amount of $51,013 to cover costs of equipment to improve the quality and timeliness of forensic science services and costs associated with maintaining accreditation for the Police Department Forensic Services Unit; (2) execute all documents necessary for the management and completion of the grant scope; and (3) authorize the necessary budget adjustment needed to spend grant funds.

Staff Recommendation: Approval (Police Department: Ken Plunkett, Chief of Police) Presenter: Ken Plunkett, Chief of Police
a) Resolution No. 2026-100

18. APPROVAL OF SECOND AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH HROD, INC.

DBA MMO PARTNERS AND AUTHORIZATION FOR THE CITY MANAGER TO APPROVE ANNUAL CONTRACT AMENDMENTS FOR FEDERAL LOBBYING SERVICES THROUGH SEPTEMBER 30, 2029 Request the City Council adopt Ordinance No. 2026-14 approving a Second Amendment to the Consulting Services Agreement with HROD, Inc. dba MMO Partners to provide lobbying services to support the City of Escondido’s Federal legislative priorities and authorizing the City Manager to approve annual contract amendments.

Staff Recommendation: Approval (City Manager’s Office: Christopher McKinney, Deputy City Manager) Presenter: Christopher McKinney, Deputy City Manager
a) Ordinance No. 2026-14 (First Reading and Introduction) 9 Wednesday, June 24, 2026

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

19. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, APPROVING A

PLANNED DEVELOPMENT PERMIT (MASTER AND PRECISE PLAN) TO ALLOW GROUND-FLOOR RESIDENTIAL USES FOR THE CONSTRUCTION OF 94 UNITS
Approved on June 10, 2026 with a vote of 5/0.
a) Ordinance No. 2026-12 (Second Reading and Adoption)

PUBLIC HEARINGS

20. PL25-0083: ZONE TEXT AMENDMENTS – ARTICLE 70 AND ARTICLE 1 Request the City Council adopt Ordinance No. 2026-13 approving a Zone Text Amendment to Chapter 33 (Zoning) of the Escondido Municipal Code, specifically Article 70 (Accessory Dwelling Units and Junior Accessory Dwelling Units) and Article 1 (General Provisions and Definitions), for the purpose of compliance with mandatory State law, specifically Government Code sections 66310 through 66342. The Zone Text Amendment includes minor text updates to Article 1 to reconcile definitions of “accessory dwelling” and “junior accessory dwelling” with the new Article 70 language.

Staff Recommendation: Approval (Development Services Department: Kevin Snyder, AICP, Director of Development Services)
Presenter: Sally Schifman, Principal Planner
a) Ordinance No. 2026-13 (First Reading and Introduction)

21. CONTINUED FROM JUNE 17, 2026 MEETING - ORDINANCE NO. 2026-07 – BICYCLES, NONMOTORIZED

VEHICLES, AND MOBILITY DEVICES
Request the City Council adopt Ordinance No. 2026-07, amending Chapters 5, 10, 18, and 28 of the Escondido Municipal Code to regulate Bicycles, Nonmotorized Vehicles, and Mobility Devices, and related enforcement activities.

Staff Recommendation: Approval (Police Department: Ken Plunkett, Chief of Police) Presenter: Craig Miller, Lieutenant, Traffic Division
a) Ordinance No. 2026-07 (First Reading and Introduction)

10 Wednesday, June 24, 2026

FUTURE AGENDA

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

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

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS
CITY MANAGER’S REPORT
The most current information from the Ci ty Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development.

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

ADJOURNMENT

UPCOMING MEETING SCHEDULE
Wednesday, July 29, 2026 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers Wednesday, August 05, 2026 4:00 & 5:00 PM Closed Session, Regular Meeting, Council Chambers

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

CEQA STATEMENT
Unless stated otherwise on the agenda, every i tem on the agenda is exempt from CEQA under Guideline Sections 15060(c), 15061(b), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065

11 Consent Item No. 1 June 24, 2026

A F F I D A V I T S

OF

I T E M

P O S T I N G –

 ZONE TEXT AMENDMENT – PL25-0083

 CONTINUED FROM THE JUNE 17, 2026 MEETING - APPROVAL OF ORDINANCE NO. 2026-07 – BICYCLE, NONMOTORIZED VEHICLES, AND MOBILITY DEVICES,

ESTABLISHING DEFINITIONS OF BICYCLES AND NONMOTORIZED VEHICLES,

PROHIBITIONS ON AREAS OF USE, REQUIREMENTS TO EXERCISE DUE CAUTION, PENALTIES FOR VIOLATIONS, AND LAW ENFORCEMENT EXEMPTIONS. 12 Item1.

CITY OF ESCONDIDO

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

NOTICE OF PUBLIC HEARING
The Escondido City Council will hold a public hearing in the City Council Chambers, Escondido City Hall, 201 N. Broadway, Escondido, California at 5p . m.o n Wednesday, June 24, 2026 , to consider the item listed below.

ZONE TEXT AMENDMENT – PL25-0083
REQUEST: Approval of a Zone Text Amendment to Chapter 33 (Zoning) of the Escondido Municipal Code, specifically Article 70 (Accessory Dwelling Units and Junior Accessory Dwelling Units) and Article 1 (General Provisions and Definitions), for the purpose of compliance with mandatory State law, specifically Government Code sections 66310 through 66342. The Zone Text Amendment includes minor text updates to Article 1 to reconcile definitions of “accessory dwelling” and “junior accessory dwelling” with the new Article 70 language.

PROPERTY SIZE AND LOCATION: Citywide
ENVIRONMENTAL STATUS: The proposed amendments to Article 70 (Accessory Dwelling Units and Junior Accessory Dwelling Units) are ministerial actions undertaken to implement mandatory State law. The City lacks discretionary authority to deny, modify, or condition these provisions based on environmental considerations.

Accordingly, the action is not subject to CEQA pursuant to Public Resources Code section 21080(b)(1); and the action is statutorily exempt from CEQA under CEQA Guidelines section 15268. The proposed amendments to Article 1 (General Provisions and Definitions) are exempt pursuant to CEQA Guidelines section 15378(b)(5) as changes to Article 1 would not have a direct or indirect physical effect on the environment. No further environmental review is required.

PLANNING COMMISSION ACTION: On April 28, 2026, the Planning Commission voted 5-0 to continue the item to a date certain of May 26, 2026. On May 26, 2026, the Planning Commission voted 6-0 recommending that the City Council approve the Zone Text Amendment as recommended by staff with one revision to Section 1475(g) of the updated ordinance.

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

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

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

The staff report will be available on the City’s website at https://escondido-ca.municodemeetings.com/ after Thursday, June 18, 2026. For additional information, please contact Sally Schifman, Principal Planner, at 760-839-4514, or via email at [email protected], and refer to Case No. PL25-0083.

Zack Beck, City Clerk
City of Escondido
DATED: June 11, 2026




 






 
Published in THE ESCONDIDO TIMES ADVOCATE: 6/11/26 13
Item1.

CITY OF ESCONDIDO

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

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN on WEDNESDAY, JUNE 17, 2026 at 5 p.m., the Escondido City Council of the City of Escondido will hold a Public Hearing to consider the following item:

APPROVAL OF ORDINANCE NO. 2026-07 – BICYCLE, NONMOTORIZED VEHICLES, AND

MOBILITY DEVICES, ESTABLISHING DEFINI TIONS OF BICYCLES AND NONMOTORIZED

VEHICLES, PROHIBITIONS ON AREAS OF USE, REQUIREMENTS TO EXERCISE DUE CAUTION, PENALTIES FOR VIOLATIONS, AND LAW ENFORCEMENT EXEMPTIONS.

During the Public Hearing, Escondido Police Department staff will present information detailing:
x Definition of bicycles and nonmotorized vehicles
x Definition of electric bicycles and other motorized mobility devices x Expectations of safe operations of electric bicycles and other motorized mobility devices x Establishing penalties for administrative citations for both operators and parents of minor operators.

IF YOU CHALLENGE this item in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Council, at or prior to the Public Hearing.

The City of Escondido recognizes its obligation to provide equal access to public services for those individuals with disabilities. Please contact the American Disabilities Act (A.D.A.) Coordinator (760) 839- 4376 with any requests for reasonable accommodations, to include sign language interpreters, at least 24 hours prior to the meeting. The City of Escondido does not discriminate against any person with a handicapped status.

ALL INTERESTED PERSONS are invited to attend said Public Hearing to express their opinion in this matter. Said Public Hearing will be held in the Council Chambers, 201 N. Broadway, Escondido, California, 92025.

PUBLIC COMMENT: To submit comments in writing, please do so at the following link: https://escondido- ca.municodemeetings.com/bc-citycouncil/webform/public-comment.

FOR ADDITIONAL INFORMATION, please contact Craig Miller, Police Lieutenant, (760) 839-4901.

ZACK BECK, City Clerk
City of Escondido
June 4, 2026




 







Published in THE ESCONDIDO TIMES ADVOCATE: 6/4/26
14 Item1.

STAFF REPORT

June 24, 2026
File Number 0400-40

SUBJECT

APPROVAL OF WARRANT REGISTER

DEPARTMENT
Finance

RECOMMENDATION
Approval for City Council and Housing Successor Agency warrants issued between June 08, 2026 to June 14, 2026
Staff Recommendation: Approval (Finance Department: Christina Holmes) ESSENTIAL SERVICE – Internal requirement per Municipal Code Section 10 COUNCIL PRIORITY –

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

Dates 06/08/2026 to 06/14/2026
Total $3,187,196.54
Number of Warrants 196

BACKGROUND
The Escondido Municipal Code Section 10-49 states that warrants or checks may be issued and paid prior to audit by the City Council, provided the warrants or checks are certified and approved by the Director of Finance as conforming to the current budget. These warrants or checks must then be ratified and approved by the City Council at the next regular Council meeting. 15 Item2.

June 10, 2026 Escondido City Council Minutes Page 1 of 6

CLOSED SESSION
4:00 PM

CALL TO ORDER

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

ORAL COMMUNICATIONS
None

CLOSED SESSION

I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8) a. Property: 340 N. Escondido Blvd., Escondido (California Center for the Arts, Escondido) Agency Negotiator: Sean McGlynn, City Manager, or designees Negotiating Party: California Center for the Arts Foundation Under Negotiation: Terms of Management Agreement

ADJOURNMENT

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

______________________________ _______________________________

MAYOR CITY CLERK

16 Item3.

June 10, 2026 Escondido City Council Minutes Page 2 of 6

REGULAR SESSION
5:00 PM Regular Session

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

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

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

CLOSED SESSION REPORT

ORAL COMMUNICATIONS
Heidi Whitman – Thanked the Council for continuing the Hamilton Lane Appeal to June 24, 2026.

Kristina Miller – Requested more ADA parking on Grand Ave. Requested the City build an ad ditional Fire Station near Kit Carson Park and focus on improving traffic safety in the surrounding area.

CONSENT CALENDAR
Motion: White; Second: J. Garcia; Approved: 5-0

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

2. APPROVAL OF WARRANT REGISTER
Request the City Council approve the City Council and Housing Successor Agency warrants issued between May 25, 2026 to May 31, 2026.

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

3. APPROVAL OF MINUTES: None
17 Item3.

June 10, 2026 Escondido City Council Minutes Page 3 of 6

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. FISCAL YEAR 2025/26 THIRD QUARTER FINANCIAL STATUS REPORT Request the City Council receive and file the third quarter financial report for Fiscal Year 2025/26. (File Number 0430-30)
Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance

6. LETTER IN OPPOSITION OF THE PROPOSED TAX INCREMENT FINANCING (TIF) DISTRICTS TO

FUND THE CALIFORNIA HIGH-SPEED RAIL AUTHORITY
Request the City Council (1) authorize the Mayor to sign the League of California Cities (Cal Cities) letter opposing the High‑Speed Rail Authority’s proposed state‑controlled Tax Increment Financing (TIF) districts; (2) direct staff to notify the High‑Speed Rail Authority Board of the City’s opposition; and (3) direct staff to convey the City’s position to the Governor, its State Assembly Members and State Senators, and Budget Chairs. (File Number 0145-30)
Staff Recommendation: Approval (City Manager’s Office: Christopher McKinney, Deputy City Manager)
Presenter: Nicole Lindsay, Management Analyst

PUBLIC HEARINGS

7. PL25-0096/PL25-0097/PL25-0098/PL25-0099: VALLEY PARKWAY TOWNHOMES Request the City Council adopt Ordinance No. 2026-12 approving a Planned Development Permit (Master and Precise Plan) to allow for ground-floor residential uses on the subject property; and Resolution No. 2026-86 approving a Tentative Subdivision Map to merge two lots into one, and allow for condominium units, and a Design Review Permit for the construction of 94 multi-family units. (File Number 0800-40) Staff Recommendation: Approval (Development Services Department: Kevin Snyder, AICP, Director of Development Services)
Presenter: Alex Rangel, Associate Planner
a) Resolution No. 2026-86
b) Ordinance No. 2026-12 (First Reading and Introduction) 18 Item3.

June 10, 2026 Escondido City Council Minutes Page 4 of 6

Gregg Oliver – Requested that the City Council decrease the threshold for requiring public hearings on development projects.

Kristina Miller – Requested that the City Council decrease the threshold for requiring public hearings on development projects.

Motion: Fitzgerald: Second: White; Approved: 5-0

8. PL24-0067 – AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO APPROVE A

TENTATIVE SUBDIVISION MAP AND ADOPT AN ADDENDUM TO THE ENVIRONMENT DOCUMENT FOR THE SUBDIVISION OF ONE LOT INTO 5 RESIDENTIAL LOTS FOR FUTURE

DEVELOPMENT ON HAMILTON LANE AND BERNARDO AVENUE
Request the City Council adopt Resolution No. 2026-90 denying the appeal of the Planning Commission’s decision to approve the Tentative Subdivision Map and Addendum for the subdivision of one lot into 5 residential lots for future development on Hamilton Lane and Bernardo Avenue. (File Number 0800-40)
Staff Recommendation: Approval (Development Services Department: Kevin Snyder, AICP, Director of Development Services)
Presenter: Melissa DiMarzo, Assistant Planner II
a) Resolution No. 2026-90
Item continued to June 24, 2026

9. CONTINUED FROM MAY 20, 2026 MEETING - FISCAL YEAR 2026-2027 ANNUAL ACTION PLAN

FOR DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDING FOR THE

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Request the City Council conduct a Public Hearing to solicit and consider citizen input on the Fiscal Year (“FY”) 2026-2027 Annual Action Plan for the use of Community Development Block Grant (“CDBG”) funds; and adopt Resolution No. 2026-83 approving Fiscal Year 2026-2027 Annual Action Plan for the use of CDBG funds, conditionally commit funds to projects, authorize the Director of Community Development to execute contracts as appropriate, and approve the submittal of the 2026-2027 Annual Action Plan to Housing and Urban Development (“HUD”). (File Number 0870-11)
Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Services)
Presenters: Danielle Lopez, Housing and Neighborhood Services Manager and Dulce Salazar, Management Analyst
19 Item3.

June 10, 2026 Escondido City Council Minutes Page 5 of 6

a) Resolution No. 2026-83
Estela Del Los Rios – Requested that the City Council use CSA San Diego County for Fair Housing services.

George Ibarra – Requested that the City Council use CSA San Diego County for Fair Housing services.

Kayanne Anderson – Expressed support for this item.

Javier Gurerro – Expressed support for this item.

Kristina Miller – Expressed support for CSA San Diego County.

Amalea Romero – Expressed support for this item.

Adolfo Ventura – Expressed support for this item.

Gregg Oliver – Informed the Council that he will reach out to City Staff with questions regarding CDBG funding.

Motion to include staff recommendation and not include the MAAC Ascencia Project in the allocation: C. Garcia; Second: Fitzgerald; Approved: 5-0

CURRENT BUSINESS

10. RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND LOVE ESCO, INC. TO EXPLORE A POTENTIAL FUTURE DONATION OF DESIGN SERVICES, CONSTRUCTION SERVICES, AND MATERIAL FOR CITY PARK FACILITIES AT “HERITAGE GARDEN” POCKET PARK IN DOWNTOWN ESCONDIDO
Request the City Council adopt Resolution No. 2026-77 approving a Memorandum of Understanding (“MOU”) with Love Esco, Inc. (“Love Esco”) a registered 501(c)(3) non-profit organization, to explore a potential future donation of design services, construction services, and materials for City park facilities on City owned property (APN #'s 229-432-24, -25, and -26) at the corner of East Grand Avenue and North Juniper Street in downtown Escondido (“Heritage Garden”). (File Number 0680-20)
Staff Recommendation: Approval (City Manager’s Office: Christopher McKinney, Deputy City Manager)
Presenter: Christopher McKinney, Deputy City Manager
a) Resolution No. 2026-77
20 Item3.

June 10, 2026 Escondido City Council Minutes Page 6 of 6

Motion: C. Garcia; Second: White; Approved: 5-0

FUTURE AGENDA

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

Staff Recommendation: None (City Clerk's Office: Zack Beck) CITY MANAGER’S REPORT
The most cur rent information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development.

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS

ORAL COMMUNICATIONS
None

ADJOURNMENT
Mayor White adjourned the meeting at 6:15 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

21 Item3.

June 17, 2026 Escondido City Council Minutes Page 1 of 6

REGULAR SESSION
5:00 PM Regular Session

MOMENT OF REFLECTION

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

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

CLOSED SESSION REPORT

ORAL COMMUNICATIONS
Gregg Oliver – Expressed opposition to the proposed Rinks Project at Kit Carson Park.

Jesus Bustamante – Expressed opposition to the proposed Rinks Project at Kit Carson Park.

Ruth Weber – Expressed opposition to the proposed Rinks Project at Kit Carson Park.

Stephen Emborry – Expressed concern regarding traffic at Redwood Street and requested a four-way stop sign be installed at the intersection of Redwood and 11th Ave.

Dr. Juan Bribesca – Expressed opposition to the proposed Rinks Project at Kit Carson Park.

CONSENT CALENDAR
Motion to approve items 1-6, 8: Martinez; Second: Fitzgerald; Approved: 5-0

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

2. APPROVAL OF WARRANT REGISTER
Request the City Council approve the City Council and Housing Successor Agency warrants issued between June 01, 2026 to June 07, 2026.

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

3. APPROVAL OF MINUTES: Regular meeting of June 3, 2026 22 Item3.

June 17, 2026 Escondido City Council Minutes Page 2 of 6

4. WAIVER OF READING OF ORDINANCES AND RESOLUTIONS

5. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT – PRELIMINARY ENGINEER’S REPORT FOR ZONES 1-38 FOR FISCAL YEAR 2026/2027
Request the City Council adopt Resolution No. 2026-35 to initiate the proceedings for the annual levy of assessments for the City of Escondido Landscape Maintenance Assessment District for Zones 1 through 38 for fiscal year 2026/2027. (File Number 0685-10) Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Development Services Director, and Joseph Goulart, Public Works Director) Presenter: Jen Conway, Management Analyst II
a) Resolution No. 2026-35

6. A RESOLUTION EXPRESSING SUPPORT FOR AN APPLICATION BY THE DEVELOPERS OF THE

NUTMEG CONDOMINIUM PROJECTS FOR CMFA FUNDING FOR PUBLIC FACILITIES

ACQUISITION IMPROVEMENTS AND FINANCED FEES
Request the City Council adopt Resolution No. 2026-99 expressing support for an application by the developer of the Nutmeg Condominium Properties for tax-exempt bond funding of Public Facilities Acquisition Improvement and Financed Development Impact Fees. (File Number 0680-20)
Staff Recommendation: Approval (Development Services Department: Kevin Snyder, AICP, Development Services Director)
Presenter: Kevin Snyder, AICP, Development Services Director a) Resolution No. 2026-99

7. APPROVAL TO SUBMIT A GRANT APPLICATION TO, AND ACCEPT TERMS FOR, SANDAG'S

FLEXIBLE FLEET PILOT PROGRAM TO PROVIDE EXPANDED TRANSPORTATION OPTIONS TO

RESIDENTS AND VISITORS
Request the City Council adopt Resolution No. 2026-114, authorizing the Mayor to execute, on behalf of the City, the filing of an application to SANDAG’s Flexible Fleet Pilot Program. (File Number 0480-70)
Staff Recommendation: Approval (Development Services Department: Kevin Snyder, Director of Development Service)
Presenter: Craig Williams, Transportation Project Manager a) Resolution No. 2026-114
23 Item3.

June 17, 2026 Escondido City Council Minutes Page 3 of 6 Motion: Martinez; Second: C. Garcia; Approved: 5-0

8. SISTER CITIES COMMUNITY REQUEST: BALLET FOLKLORICO CALIZTLAN ACADEMY Request the City Council approve funding in an amount not to exceed $22,850, allocated as follows: $16,250 to Ballet Folklórico Caliztlan Academy to offset airfare costs for approximately 30 dancers participating in Guelaguetza 2026 in Oaxaca, Mexico. $6,600 to support travel expenses for two City Councilmembers and one City staff representative, consistent with the recommendation of the Sister Cities Subcommittee. (File Number 0610-55) Staff Recommendation: Approval (Economic Development Department: Jennifer Schoeneck, Director of Economic Development)
Presenter: Jennifer Schoeneck, Director of Economic Development

CURRENT BUSINESS

9. COMMUNITY SERVICES FEE CHANGES
Request the City Council adopt Resolution No. 2026-103 approving proposed fee changes to the Community Services Department fee schedule. (File Number 0480-45) Staff Recommendation: Approval (Community Services Department: Joseph Goulart, Director of Public Works)
Presenter: Robert Rhoades, Assistant Director of Community Services a) Resolution No. 2026-103
Kristina Miller – Asked if the Public Safety Fees will be updated as part of this item? Staff answered: no.

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

PUBLIC HEARINGS

10. FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM AND FISCAL YEAR 2026/27 CAPITAL IMPROVEMENT PROGRAM BUDGET AND ADOPTION OF THE 2026 REGIONAL

TRANSPORTATION IMPROVEMENT PROGRAM
Request the City Council (1) adopt Resolution No. 2026-93 approving Fiscal Years 2026/27– 2028/2031 Five-Year Capital Improvement Program and the Fiscal Year 2026/27 Capital Improvement Program Budget; (2) adopt Resolution No. 2026-94 approving the RMRA Fiscal Year 2026/27 project list; and (3) adopt Resolution No. 2026-95 approving the Regional Transportation Improvement Program for Fiscal Years 2027 through 2031. (File Number 0430- 30)
24 Item3.

June 17, 2026 Escondido City Council Minutes Page 4 of 6 Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Vinnie Bernabeo, City Manager’s Office
a) Resolution No. 2026-93
b) Resolution No. 2026-94
c) Resolution No. 2026-95
Motion: Fitzgerald; Second: C. Garcia; Approved: 5-0

11. FISCAL YEAR 2026/27 OPERATING BUDGET ADOPTION
Request the City Council adopt the following: Resolution No. 2026-91 approving the Fiscal Year 2026/27 Annual Operating Budget; Resolution No. 2026-92 approving the Appropriations Limit (Gann Limit) for Fiscal Year 2026/27; Resolution No. 2026-105 amending the Salary and Benefits Plan for the Unclassified and Management Groups; and Resolution No. 2026-107 amending the full-time compensation schedule for all employee groups. (File Number 0430- 30)
Staff Recommendation: Approval (Finance Department: Christina Holmes, Director of Finance) Presenter: Christina Holmes, Director of Finance
a) Resolution No. 2026-91
b) Resolution No. 2026-92
c) Resolution No. 2026-105
d) Resolution No. 2026-107
Motion: Martinez; Second: Fitzgerald; Approved: 5-0

12. ORDINANCE NO. 2026-07 – BICYCLES, NONMOTORIZED VEHICLES, AND MOBILITY DEVICES Request the City Council adopt Ordinance No. 2026-07, amending Chapters 5, 10, 18, and 28 of the Escondido Municipal Code to regulate Bicycles, Nonmotorized Vehicles, and Mobility Devices, and related enforcement activities. (File Number 0680-10) Staff Recommendation: Approval (Police Department: Ken Plunkett, Chief of Police) Presenter: Craig Miller, Lieutenant, Traffic Division
a) Ordinance No. 2026-07 (First Reading and Introduction) 25 Item3.

June 17, 2026 Escondido City Council Minutes Page 5 of 6 Item continued to a June 24, 2026

FUTURE AGENDA

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

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

COUNCILMEMBERS SUBCOMMITTEE REPORTS AND OTHER REPORTS
CITY MANAGER’S REPORT
The most current information from the City Manager regarding Economic Development, Capital Improvement Projects, Public Safety, and Community Development.

ORAL COMMUNICATIONS
Melissa Petri – Expressed opposition to the proposed Rinks Project at Kit Carson Park.

Kristina Miller – Expressed opposition to the proposed Rinks Project at Kit Carson Park.

Ruth Weber – Expressed opposition to the proposed Rinks Project at Kit Carson Park.

Robert Kard – Expressed opposition to the proposed Rinks Project at Kit Carson Park.

Jim Rauch – Expressed opposition to the proposed Rinks Project at Kit Carson Park.

Ana Marie Velasco – Expressed opposition to the proposed Rinks Project at Kit Carson Park.

James Griffin – Expressed opposition to the proposed Rinks Project at Kit Carson Park.

Vanessa Valenzuela – Expressed opposition to the proposed Rinks Project at Kit Carson Park Amalia Martinez – Expressed opposition to the proposed Rinks Project at Kit Carson Park Stewart Reyes – Expressed concern regarding transportation and pedestrian safety in Escondido.

Cristina Reza– Expressed opposition to the proposed Rinks Project at Kit Carson Park 26 Item3.

June 17, 2026 Escondido City Council Minutes Page 6 of 6 Tedi Jackson – Expressed opposition to the proposed Rinks Project at Kit Carson Park

ADJOURNMENT
Mayor White adjourned the meeting at 6:50 p.m.

______________________________ _______________________________

MAYOR CITY CLERK

27 Item3.
28 Item4.

STAFF REPORT

June 24, 2026
File Number 0600-10; A-3595

SUBJECT
CONSULTING AGREEMENT WITH ADMINSURE INC. TO PROVIDE CLAIMS ADMINISTRATION SERVICE FOR THE CITY’S WORKERS’ COMPENSATION PROGRAM

DEPARTMENT
Human Resources / Benefits & Workers’ Compensation Division

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-84, authorizing the Mayor, on behalf of the City, to execute a five-year agreement with AdminSure to provide third-party administrator services for the City of Escondido Workers’ Compensation program.

Staff Recommendation: Approval (Human Resources: Jessica Perpetua, Director of Human Resources) Presenter: Jessica Perpetua, Director of Human Resources ESSENTIAL SERVICE – No
COUNCIL PRIORITY –

FISCAL ANALYSIS
The five-year agreement with AdminSure shall not exceed $1,647,022.

BACKGROUND
The City has an agreement with AdminSure to manage its workers’ compensation program. AdminSure services include opening, reviewing, and closing workers’ compensation claims; reviewing claims to control costs; storing all documentation related to claims on a secured online system; completing medical reviews; and working with the City Attorney’s office on litigation and settlement matters.

With the current agreement scheduled to expire on July 31, 2026, the City issued a Request for Proposal (RFP) in February 2026. Based on the three responses received and the oral prese ntations made to the interview panel, staff recommends continuing with Admin Sure for the consistency and efficiency that AdminSure provides in administering the City’s workers’ compensation program. Accordingly, staff recommends that AdminSure continue as the third-party administrator under a new five-year agreement effective August 1, 2026.
29 Item5.

RESOLUTIONS
a. Resolution No. 2026-84
b. Resolution No. 2026 -84 – Exhibit “ A” Consulting Agreement with Admin Sure for the City’s Workers’ Compensation Program Administration

30 Item5.

RESOLUTION NO. 2026-84

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR TO

EXECUTE, ON BEHALF OF THE CITY, A CON TRACT WITH

ADMINSURE TO PROVIDE THIRD PARTY ADMINISTRATOR
SERVICES FOR THE CITY OF ESCONDI DO’S WORKERS’

COMPENSATION PROGRAM

WHEREAS, the City of Escondido contracts for third party administration of its workers’ compensation program; and
WHEREAS, currently, the City has an agreement with AdminSure to serve as the third-party administrator for the City’s workers’ compensation program and said agreement will expire on July 31, 2026; and
WHEREAS, based on the responses to the Request for Proposal and oral presentations made to the interview panel, staff recommends AdminSure to continue as the third-party administrator for the City’s workers’ compensation program, effective August 1, 2026.

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

1. That the above recitations are true.

2. That the Mayor is authorized to execute, on behalf of the City , a new five-year contract with AdminSure to provide th ird party administrator and bill review services for the City of Escondido workers’ compensation program. A copy of the pr oposed contract, which is subject to approval by the City Attorney, is attached to this Resolution as Exhibit “A” and is incorporated by this reference. 31 Item5.

Resolution No. 2026-84
Exhibit “A”

Page 1 of 14 ends

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 date of signature below (“Effective Date”),

Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Patrice Russell
760-839-4865
("CITY")

And: AdminSure, Inc.
a California corporation
3380 Shelby St.

Ontario, CA 91764
Attn: Alithia Vargas-Flores
909-396-5814
("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 act as the third-party administrator for the City’s workers’ compensation program;
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”).
32 Item5.

Resolution No. 2026-84
Exhibit “A”

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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 $1,647,022.

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 compens ation 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 component of the Services, CONSULTANT shall not assign such compone nt 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 satisfactorily performed at the time of such termination. In no event s hall 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. (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. 33 Item5.

Resolution No. 2026-84
Exhibit “A”

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(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 a nd the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the 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 insur ance 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 covera ge 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.
(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 compensat e for the lack of 34 Item5.

Resolution No. 2026-84
Exhibit “A”

Page 4 of 14 ends

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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 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 pol icies, 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 CONSULTANT until CONSULTANT demonstrates compliance 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 - 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.

35 Item5.

Resolution No. 2026-84
Exhibit “A”

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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 propo sed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

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.

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.

36 Item5.

Resolution No. 2026-84
Exhibit “A”

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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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Exhibit “A”

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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

Adminsure, Inc.

Date: __________________ ___________________________________ Alithia Vargas-Flores, President

Date: __________________ ___________________________________ Ashley Sells, Corporate Secretary

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

AdminSure Inc., a California corporation (“Consultant”) will provide the City of Escondido, a California municipal corporation (“City”) with administrative services related to the City’s workers’ compensation program.

B. Location

Consultant to provide services in relation to the City’s workers’ compensation program at Consultant’s office located at 3380 Shelby Street, Ontario, CA 91764.

C. Services

1. Consultant shall meet with the City staff periodically to:
a. Assist City staff in developing internal procedures for the program. b. Provide orientation and training to personnel involved in the administration of the program.
c. Discuss specific claims and general claims.

2. Consultant shall provide the City information regarding the adoption, amendment, or repeal of all statutes, rules, and regulations, which may directly affect the program.

3. Consultant shall provide the City with all forms required by the state in connectio n with the program.

4. Consultant shall comply with all performance standards of the City’s excess insurer.

Consultant shall also comply with the City’s workers’ compensation claims administration standards, but under no circumstances are the City’s workers ’ compensation claims administration standards to be construed as having precedence over the performance standards of the City’s excess insurer. Consultant shall also have the authority and responsibility to provide claims administration services, which include; a. Each examiner acting on behalf of Consultant shall have a caseload of no more than 150 claims.
b. Establishing an electronic claim file and computer datab ase record upon receipt of an injury report within two business days for each claim. c. The Consultant shall contact the City within two business days of receipt of notice of a claim by any source to conduct an initial and meaningful investigation. Such contact with the City shall be clearly documented in the computer system. d. When a claim reaches one-half of the City’s self -insured retention (SIR), the Consultant shall report to the City every 90 calendar days regarding the status of the claim. Such report shall include a status of the claim, the examiner’s plan of action for future handling of th e claim, and the current paid to date and total incurred amounts listed by indemnity, vocational rehabilitation , medical and expense categories.
e. Setting and updating reserves, which are monies set aside to pay the cost of claims in case of injury, disability or death arising in the course of work-related duty. f. Initiating and maintaining contact with injured workers within one business day.

Same day is preferable. All written correspondence from employees will be responded to within five calendar days of receipt.
g. Consultant shall promptly initiate investigation of issues identified as material to potential litigation. The City shall be alerted to the need for an outside investigation as soon as possible and the City will appoint an investigator. The City shall be kept informed on the scope and results of all investigations. All activities shall be clearly documented in the computer system.
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h. Consultant shall obtain authority from the City to delay or deny a claim. The City’s authorization shall be clearly documented in the applicable claim file or in the computer system. The compensability determination (accept claim, deny claim, or delay acceptance pending the results of additional investigation) and the reasons for such determination will be made and clearly documented in the file within 14 business days of the receipt of the notification of the loss. Delay of benefit notices shall be mailed in compliance with the Division of Industrial Relations’ guidelines.

Copies of benefit notices will be ma intained in the applicable claim file or stored in an electronic file. In no case shall a final compensability decision be extended beyond 9 calendar days from the City’s knowledge of the claim. i. Preparing and issuing benefit notices, if applicable. j. Arranging or medical treatment and medical services from clinics, facilities, pharmacies, hospitals, specialists, and other vendors as necessary. k. Performing all utilization review services and communicating decisions to approve, modify or deny medical treatment in accordance with state law. l. Monitoring disability status by reviewing medical reports and contacting doctors for updates.
m. Auditing and reviewing all medical bills utilizing the Official Medical Fee Schedule (“OMFS”), Inpatient Hospital Fee Schedu le (“IHFS”) and Preferred Provider Organizations (“PPO”) while paying all properly adjusted medical bills in a timely and accurate manner.
n. Paying mileage or medical reimbursements to injured workers. o. The initial indemnity payment or voucher will be issue d and mailed to the injured worker together with a properly completed Division of Workers’ Compensation (“DWC”) benefit notice within 14 calendar days of the first day of disability. Late payments must include the self-imposed penalty in accordance with the law. If late due to Consultant, Consultant assumes all late payment penalties. p. All indemnity payments or vouchers subsequent to the first payment will be verified, except for those payments where disability is expected beyond 90 ca lendar days in which case payments will be verified in 90 -day increments. All disability payments will be issued in compliance with the law.
q. Arranging medical exams in conformance with state law to determine whether an injured worker’s medical condition is permanent and stationary, reached Maximum Medical Improvement (“MMI”) and what, if any, permanent disability exists. r. Paying the permanent disability compensation in accordance with the law. s. The Consultant shall review, compute and pay all informal rat ings, death benefits, life pensions, Findings and Awards or Compromise and Release settlements.

Payments on Awards, computations, or Compromise and Release agreements shall be issued within 10 business days or sooner if necessary to ensure payment within 20 calendar days of the Workers’ Compensation Appeals Board (“WCAB”) approval date, following receipt of the appropriate document.
t. Arranging for attorney representation of the City whenever the need arises. u. Monitoring attorneys and assisting them in preparing cases. v. Auditing and paying legal expenses.
w. Arranging for voca tional rehabilitation services when appropriate, monitoring vocational rehabilitation consultants and assisting them as necessary. x. Auditing and paying vocational rehabilitation expenses. y. Preparing and issuing Supplemental Job Displacement Benefits (“SJDB”) notices and benefits.
z. Upon specific City request, the Consultant shall arrange for an informal disability rating such as “speed rating” whenever to avoid WCAB litigation. The Consultant shall take advantage of any potential apportionment potential to prior claims, disabilities, and impairments. The Consultant shall also advise the City of potential credits and penalties to permanent disability benefits should the City acco mmodate permanent/alternative work for at least 12 months.
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aa. Preparing and issuing the permanent disability compensation notices. bb. The Consultant will pursue all subrogation involving responsible third -parties and work closely with City staff to resolve subrogation issues. The Consultant is not authorized to file litigation without consent of the City. The City must approve all settlements. The City will provide specific language to incorporate in any subrogation settlement. Consultant is responsible for protecting any and all statute of limitations and must notify City staff in writing no later than 60 days prior to exp iration of the statute. The City retains the right to handle any subrogation issue it deems appropriate. The City requires copies of all subrogation correspondence. cc. Notifying the City and excess insurers of all claims that exceed or may exceed the self-insurance retention. All cases that meet the established reporting criteria are to be reported within five business days of the day on which it is known the criterion is met. Consultant shall comply with all performance standards of the client’s e xcess insurer, if any. The Consultant shall also comply with the Consultant’s Workers’ Compensation Claims Administration Standards, but under no circumstances are they to be construed as having precedence over the performance standards of the City’s excess insurer, if any.
dd. Obtaining settlement authority and negotiating settlement on appropriate claims. ee. Attending all hearings that are required by law.
ff. The Consultant’s claim supervisor shall review all inactive medical only files open beyond 90 days from the date of entry by the Consultant for potential closure or conversion to indemnity status. Inactive is defined as those claims with no payment, reserve, or file note activity during the prior 60 days. Claims with $5,000 or more paid to date on any medical only claim open beyond 180 calendar days from the date of Consultant entry shall be converted to indemnity status and a reasonable, precautionary indemnity reserve placed on the claim. All indemnity cases, where permanent disability is not an issue, will be closed within 60 calendar days of the final financial transaction or final correspondence to the injured worker as required by law.

All indemnity claims, where permanent disability is an issue, will remain open for two years from the date of the last payment of benefit, then closed within 60 calendar days of that date.

5. The City and Consultant agree that the City shall establish and maintain a Workers’ Compensation Trust Fund Account from which all Workers’ Compensation benefits and expenses are to be paid. Consultant shall administer the Trust Fund Account in a prudent and reasonable manner in accordance with federal and state law and City policy. The Consultant shall report to the City monthly, or as needed, all Trust Fund Account transactions and upon request provide the City copies of any document associated with the Trust Fund Account. The Consultant shall ensure sufficient money is in the Trust Fund Account, at a level determined by the City and Consultant, to ensure adequate funds are available to meet all prompt payment standards required by law. Consultant shall request that the City transfer additional funds to replenish the Trust Fund Account whenever the funds available balance drops below $50,000. Consultant shall also request that the City prefund any medical, settlement or other anticipated payments in excess of $25,000 to minimize the cash flow impact on the Trust Fund Account. Consultant shall collect any overpayment of benefits or expenses made to claimants, vendors or other parties. Consultant shall not charge for any financial costs associated with establishing and administering the Trust Fund Account including any bank or check printing charges.
a. Consultant shall prepare checks and issue those checks directly to payees without delay.
b. Consultant shall sign checks with a facsimile signature or manually. c. Consultant shall secure checks in a locked area accessible to a limited number of personnel.
d. The City shall maintain an adequate balance in their trust account to meet all Workers’ Compensation obligations without delay.
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e. The trust account may be used to pay penalties in which case the Consultant shall reimburse the City within 15 working days for any amount of the penalty that the Consultant caused.

6. Consultant shall provide the City with electronic data processing services that will allow for the production of loss experience and transaction reports within 10 days following the close of each calendar month. Consultant will also work with the City to develop ad hoc and other specialized reports as requested.

7. Consultant shall prepare all reports required by state and federal regulatory agencies (if any) in connection with the program, including the Self -Insurer’s Annual Report required by the Department of Self-Insurance Plans.

8. Consultant shall establish and maintain electronic claims files, clai m logs, transaction documents and all other records associated with the program. These records shall be the property of the City. Unless this Agreement is cancelled, closed hard files, if any, shall be stored by Consultant for five years and shall thereafter become the responsibility of the City.

Upon cancellation of this Agreement, the City shall be responsible for maintaining and storing all data, records, etc. Consultant shall not dispose of or destroy hard files without the prior, written authorization of the City.

9. The City will perform the following:
a. Submit all reports of work injury to Consultant in a timely manner not to exceed two business days of the City’s knowledge of the injury.
b. Respond to the Consultant’s requests for information and author ity within five days of such requests.
c. Provide information that is accurate and is in a form specified by the Consultant. d. Grant settlement authority to Consultant in advance of WCAB, rehabilitation, and legal hearings, or be available by phone or in person during same.

10. Other
a. Claim Review
i. All claims files shall be reviewed at least every 45 calendar days for active claims and at least every 90 days for claims that have settled but are open for the employee’s future medical care. The examiner shall distinguish the regular diary review from routine fi le documentation in the electronic notes.

A plan of action will be included and separately labeled in the file notes during a diary review. The plan of action shall include, but not be limited to, the employee’s current work status, medical status, revie w of reserves, and future activity to move the claim towards resolution. Consultant shall monitor the diary reviews by printing a “No Activity” report each month to identify any files that have fallen off the diary system.
ii. The Consultant’s claim supervisor shall conduct a diary review within 14 days of receipt of a claim, a subsequent review within 90 days on all active indemnity claims, and every 180 days thereafter. Interval of review may be reduced based on the status of the claim.

b. Claim Supervision – The Consultant shall provide supervisory staff that will regularly review the work product of the examiners. The supervisor shall review at least 10% of each examiner’s caseload each month to ensure each examiner is following the performance standards outlined in this Agreement. In addition, the supervisor shall conduct a regular quarterly review of all open indemnity claims with reserves in excess of $100,000 and all problem or complex claims. Such reviews shall be labeled as “Superv isor Review” and clearly documented in the electronic notes.

Future medical claims will remain current on the supervisory diary every 180 days. c. Claim Reconciliation. All claim files shall be reconciled to ensure all indemnity payments have been made correctly. The reconciliation should verify that payments were made in the correct amount and from the correct claim file. The physical file should be verified with the computer information. All open claim files shall be reconciled at the time of a request for settlement authorization and at the time of 42 Item5.

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submission for closure. Proof of the reconciliation should remain in the claim file and clearly documented in the computer system.
d. Future Medical Claims – Claims that remain open to monitor future medical care shall remain open for two years from the last payment of benefit. Reviews shall be documented in the claim notes to include settlement information, permanent work restrictions, future medical care out line, last date and type of treatment, name of excess carrier, excess carrier reporting level, and excess carrier reporting history.

Reserves for future medical treatment will be reviewed every six m onths and adjusted for use over a three-year average and the injured employee’s life expectancy based on the latest version of the U.S. Life Table. The reason(s) and calculation(s) for the adjustment(s) shall be clearly documented in the electronic notes.
e. Litigated Cases – The City Attorney’s Office is responsible for hiring and overseeing outside attorneys representing the City in litigated workers’ compensation matters.

The City will designate a panel of attorneys to handle litigated cases. In such cases, the City is the client and as such is entitled to direct the handling of the litigated claims and must receive all legal correspondence. Further, Consultant will not communicate directly with outside counsel without inclusion of City staff. Consultant will follow all protocols required by the City regarding communication with defense attorney. City Attorney oversight of litigated cases includes, but is not limited to, oversight of legal services provided by outside counsel, bill review, approval and payment. Consultant will document all payments made by the City to each claim file. f. WCAB Hearings – Consultant must have approval from the City Attorney regarding representation of the City at WCAB hearings. The City retains the right to determine who will appear to represent the City.
g. Settlement – The City must pre -approve all settlements or structured settlements prior to entering into any settlement discussions with claimants or applicant attorneys. The City has an established settlement process that must be adhered to.

The settlement process is a written process and must be started well in advance of anticipated Mandatory Settlement Conferences or trials. The City retains the right to assign potential claims to a structured settlement broker. h. Computer Access – Consultant shall provide online access at no additional charge to the City of Escondido and/or designated representatives. Such data shall be in a format accessible from the Consultant’s computers and will permit the Consultant to print copies of the data on its printers. Consultant shall provide training for use of the computer system at no additional charge.
i. Availability of Personnel
i. Consultant shall provide designated adjusters to handle the City of Escondido’s claims. These adjusters shall be solely designated to the City’s account. One adjuster must be a “senior” adjuster and must be state certified to administer self-insured workers’ compensation claims. The second adjuster must have a minimum of two years of California workers’ compensation claims experience with an organi zation of similar size and complexity as the City.
ii. The City’s prior written consent is required for any change of an adjuster working on the City’s account. The City has the right to request a change of adjuster and be involved in the selection and/or replacement of the adjuster.

The City will not interfere with any progressive discipline and/or personnel issues that may warrant a change of adjusters. When the adjuster is off on an extended leave the City must be notified of who will cover the workload.

In the event of a same day absence, the City must be notified of the absence by 9 a.m. the same day.
iii. Consultant shall maintain at all times, one or more of the adjusters assigned to the City’s claims, or in their absence, the supervisor or management above 43 Item5.

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the supervisory level, to be available by telephone for emergencies through a 24-hour emergency telephone number.

11. City Oversight
a. The City shall have oversight and final approval over all services provided by Consultant under this Agreement.

D. Scheduling

Inquiries relating to this Agreement, including scheduling and coordination with City Staff, may be directed to Patrice Russell at 760-839-4865 or [email protected].

E. Contract Price and Payment Terms

The contract price shall not exceed $1,647,022. 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.

Payment of the contract price will be subject to the following monthly rates, with a 3% increase each subsequent year. These rates shall remain in effect throughout the term of this Agreement.

a. Year 1: August 1, 2026 through July 31, 2027, of this Agreement, the City shall pay the Consultant $25,852 per month for Claims Administration Services rendered u nder this Agreement.
b. Year 2: August 1, 2027 through July 31, 2028, of this Agreement, the City shall pay the Consultant $26,627.56 per month for Claims Administration Services rendered under this Agreement.
c. Year 3: August 1, 2028 through July 31, 2029, of this Agreement, the City shall pay the Consultant $27,426.39 per month for Claims Administration Services rendered under this Agreement.
d. Year 4: August 1, 2029 through July 31, 2030, of this Agreement, the City shall pay the Consultant $28,249.18 per mont h for Claims Administration Services rendered under this Agreement.
e. Year 5: August 1, 2030 through July 31, 2031, of this Agreement, the City shall pay the Consultant $29,096.66 per month for Claims Administration Services rendered under this Agreement.

F. Term

The term of this Agreement shall be from the Effective Date through July 31, 2031. Services shall commence on August 1, 2026.

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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.

1. Alithia Vargas – Flores, President, [email protected], Adminsure; and

2. Nic Bowers, Claims Director, [email protected], Adminsure; and

3. Kimberly Holmes, Claims Manager, [email protected], Adminsure; and

4. Brenda Amador, Claims Adjuster, [email protected], Adminsure; and

5. Tatiana Izurieta, Claims Adjuster, [email protected], Adminsure; and

6. Michele Thomas, Claims Adjuster, [email protected], Adminsure.

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: __________________ ___________________________________ Alithia Vargas-Flores, President

45 Item5.

STAFF REPORT

June 24, 2026
File Number 0910-20

SUBJECT
CHANGE ORDER NO. 5 FOR THE TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENTS AT EAST

WASHINGTON AVENUE AND NORTH ROSE STREET

DEPARTMENT
Public Works

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-117 authorizing the Mayor to execute a change order in the amount of $5,670 for the East Washington and Rose Traffic Signal and Intersection Improvement Project.

Staff Recommendation: Approval (Public Works: Joseph Goulart, Director of Public Works) Presenter: Ed Vasquez, Project Manager
ESSENTIAL SERVICE –Yes, Public Works/Infrastructure
COUNCIL PRIORITY – Prioritize Public Safety

FISCAL ANALYSIS
Sufficient Traffic Impact Funds are programmed in the Capital Improvement Program – Traffic Impact Fund budget to complete the East Washington Avenue and North Rose Street Traffic Signal and Intersection Improvement Project (“Project”).

PREVIOUS ACTION
On March 26, 2025, City Council approved the award of construction contract to HMS Construction, Inc. in the amount of $575,000.

On February 27, 2025, three sealed bids were received in response to the advertised request for bids for the Project. Staff was evaluated the bids and determined that the construction bid submitted by HMS Construction Inc. was the lowest responsive and responsible bid. The City awarded the construction contract in the amount of $575,000 to HMS Construction, Inc.

46 Item6.

BACKGROUND
The City of Escondido’s Transportation and Community Safety Commission approved the 2020/2021 Traffic Signal Priority List (TSPL) and Left Turn Priority List (LTPL) as the fifth highest priority location.

East Washington Avenue is one of the City’s main East to West corridors and an access point to California State Route 78/Ash Street and Interstate 15. From a pedestrian safety perspective, this intersection is a gateway to:
(1) Washington Park — located at the southwest corner of the intersection, houses sever al community recreational facilities including a pool, baseball/tennis/basketball courts and skate park; and
(2) Escondido Creek Trail – located 2 blocks south of the East Washington Avenue and North Rose Street traffic signal.

RESOLUTION
a) Resolution No. 2026-117
b) Resolution No. 2026-117—Exhibit “A” – Contact Change Order No. 5

47 Item6.

RESOLUTION NO. 2026-117

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, CHANGE ORDER
NO. 5 FOR THE TRAFFIC SIGNAL AND INTERSECTION

IMPROVEMENT PROJECT AT E AST WASHINGTON

AVENUE AND NORTH ROSE STREET

WHEREAS, the City Council has allocated funding in the adopted Capital Improvement Program budget for the Traffic Signal and Intersection Improvement Project located at East Washington Avenue and North Rose Street (“Project”); and
WHEREAS, a notice inviting bids for said improvements was duly published; and WHEREAS, pursuant to said notice, four sealed bids for the project w ere opened and evaluated on February 27, 2025; and
WHEREAS, HMS Construction, Inc. was selected as the lowest responsive and responsible bidder; and
WHEREAS, staff previously approved change orders up to 10 percent of the original Project award; and
WHEREAS, staff recommends processing Change Order No. 5 in support of the traffic signal improvements including replacement of an existing chain-link fence.

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

1. That the above recitals are true.
48 Item6.

2. That the City Council deems it to be in the best public interest to issue the change order to HMS Construction Inc., for Traffic Signal Improvements at the intersection of Washington and Rose.

3. That the City Council approves this Resolution authorizing the Mayor to execute Construction Change Order N o . 5 for the remaining traffic signal improvements attached as Exhibit “A” in an amount not to exceed $5,670.
49 Item6.

City of Escondido
Public Works
201 N. Broadway
Escondido, CA 92025
Phone: 760-839-4668
Date: 6/24/2026 PROJECT:

PO#: 144 ACCOUNT #:

CONTRACT CHANGE ORDER: 5 CONTRACTOR:

CO No. 005
$5,670.00
This change will INCREASE the contract amount.

Based On:

Agreed Lump Sum X Original Contract $575,000.00
Time and Material N/A Current Contract $629,814.56
Time Extension N/A Amount Due $5,670.00
Bid Unit Price N/A Amended Contract $635,484.56
To be paid: $5,670.00
Approved By:

CONTRACTOR CITY OF ESCONDIDO
Signature: Signature: Signature:

Print Name: Print Name: Ed Vasquez Print Name: Joseph Goulart Title: Title: Construction / Project Manager Title: Director of Public Works Date: Date: Date:

TITLE:

DESCRIPTION OF CHANGE:
chanin Link fence 15.75 LF @ 360 Per LF
Additional quantities for removal and replacment of existing HMS Construction Inc.

CO No. 5 Chain Link Fence replacement Bid Ityem No. 17
Traffic Signal Improvements Washington & Rose
Resolution No. 2026-117
Exhibit "A"

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50 Item6.

STAFF REPORT

June 24, 2026
File Number 0600-10; A-3596

SUBJECT

AWARD CONTRACT TO REPLACE THE ROOF AT PARK AVENUE COMMUNITY CENTER AND HALE AVENUE

COMMUNITY CENTER

DEPARTMENT
Public Works/Building Maintenance

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-115 authorizing the Mayor, on behalf of the City, to execute a Public Improvement Agreement with Titan Group Corporation. in the amount of $676,353 for replacement of roof at Park Avenue Community Center (PACC) and Hale Avenue Resources Recovery Facility (HARRF).

Staff Recommendation: Approval (Joseph Goulart, Director of Public Works) Presenter: Ed Vasquez, Project Manager
ESSENTIAL SERVICE – Yes, Public Works/Infrastructure, Maintenance of Facilities / Buildings COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido and Improve Public Safety

FISCAL ANALYSIS
An amount of $750,330 is currently budgeted in Measure I funds to replace the roofs at the Park Avenue Community Center (“PACC”) and the Hale Avenue Resource Recovery Facility (“HARRF”).

PREVIOUS ACTION
None

BACKGROUND
The PACC was built in 1978 and has been serving the community since it’s opening. The PACC (also known as the Escondido Senior Center) is a vibrant multi -use facility located at 210 East Park Avenue, just two blocks from downtown Escondido . It primarily serves adults 50 years old and above through social programs, nutrition, fitness, and community event rentals. The PACC provides key functions and activities to the community including ceramic classes, gentle yoga, aerobics, language groups, and travel groups. It 51 Item7.

features a library, billiards room, and shuffleboard courts. The PACC offers indoor and outdoor gathering spaces (including an outdoor gazebo and an auditorium).

The HARRF, built in 1973, is the City of Escondido’s state-of-the-art wastewater treatment plant. It treats up to 18 million gallons per day (“MGD”) of wastewater for Escondido and the Rancho Bernardo area. The facility recycles wastewater into reclaimed water and captures biogas for sustainable energy production.

The facility houses the City's state -of-the-art laboratory, which monitors the safety and re gulatory compliance of both the local drinking water and recycled water supplies.

During the FY 2026 budget process, the PACC and HARRF roof replacement project was funded in the amount of $ 750,330 in Measure I funds. After evaluating both roofs and the cost for replacement or repair, staff determined it was in the best interest of the public to replace both roofs in their entirety.

On March 19, 2026, a notice inviting bids for the roof replacement at PACC and HARRF was duly published.

On April 23, 2026, eight (8) sealed bids were received in response to the advertised request for bids for this Project. The confirmed totals for the bid items are listed below:

Titan Group Corporation $676,353
Preman Roofing Inc. $913,175
Sylvester Roofing Company $979,785
Solar Roofing and Energy $1,016,987
A Good Roofer, Inc. $1,090,550
ACCI Roofing $1,182,000
Commercial & industrial Roof Co. $1,212,061
Best Contracting services inc. $1,357,150

Staff evaluated the proposed bids and determined the bid submitted by Titan Group Corporation to be the lowest most responsive and responsible bid received on April 23, 2026. Staff recommends awarding a Public Improvement Agreement and construction contract in the amount of $676,353.00 to Titan Group Corporation to replace the roof at PACC and HARRF attached to Resolution No. 2026-115 as Exhibit “A”.

RESOLUTIONS
a) Resolution No. 2026-115
b) Resolution No 2026 -115— Exhibit “A” — Public Improvement Agreement with Titan Group Corporation

52 Item7.

RESOLUTION NO. 2026-115

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A PUBLIC

IMPROVEMENT AGREEMENT FOR THE PARK AVENUE

COMMUNITY CENTER AND HALE AVENUE RESOURCE

RECOVERY FACILITY ROOF REPLACEMENT PROJECT

WHEREAS, Park Avenue Community Center (“PACC”) is located at 210 East Park Avenue and Hale Avenue Resource Recovery Facility (“HARRF”) is located at 1521 South Hale Avenue in the City of Escondido, California; and
WHEREAS, on May 14, 2025, both facilities were evaluated and inspected; and WHEREAS, both facilities’ roofs were deemed to have exceeded their life cycle, and it is necessary to replace the roof and underlayment; and
WHEREAS, during the fiscal year 2026 budget process, the Roof Replacement Project was funded by using Measure I funds; and
WHEREAS, on March 19, 2026, a notice inviting bids for the PACC and HARRF Roof Replacement Project (“Project”) was duly published; and
WHEREAS, pursuant to said notice, eight (8) sealed bids for the Project were opened and evaluated on April 23, 2026; and
WHEREAS, Titan Group Corporation was determined to be the lowest responsive and responsible bidder; and
WHEREAS, Titan Group Corporation submitted a bid in the amount of $676,353; and WHEREAS, this City Council desires at this time and deems it to be in the best public interest to authorize a Public Improvement Agreement with Titan Group Corporation in the amount of $676,353. 53 Item7.

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. 2. That the City Council authorizes the Mayor to execute, on behalf of the City, a P ublic Improvement Agreement with Titan Group Corporation, in the amount of $676,353, in a substantially similar form to that which is attached to this Resolution as Exhibit “ A” and subject to final approval as to form by the City Attorney.
3 3. That the City Council approves Resolution No. 2026-115. 54 Item7.

Resolution No. 2026-115
Exhibit “A”

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Public Improvement Agreement (Contractor) - 1 - CAO: 8/26/2021

CITY OF ESCONDIDO

PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement 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: Eduardo Vasquez
760-546-3944
("CITY")

And: Titans Group, Corporation
a California corporation
1459 Industrial Ave.

Escondido, CA 92029
Attn: Paul Le
714-307-1799
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties desire to enter into this Agreement for the performance of work relating to the Park Avenue Community Center (“PACC”) and Hale Avenue Resource Recovery Facility (“HARRF”) Roof Replacement Project (“Project”), occurring on property located at 1521 S. Hale Avenue, Escondido, CA 92021 ( “HARRF”) and 210 E. Park Avenue, Escondido, CA 92029 ( “PACC”) further 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. Project Documents. The Notice Inviting Sealed Bids/Notice to Contractors, Instructions to Bidders, Bid Form, Designation of Subcontractors, Workers' Compensation Certificate, Change Orders, Shop Drawing T ransmittals, Information Required of CONTRACTOR, Non -collusion Affidavit, Insurance Certificates, Guarantees, General Conditions, Supplementary General Conditions, Special Conditions, Plans, Drawings, Specifications, the Agreement , and all modifications, addenda, and amendments thereto (“Project Documents”) are incorporated herein by this reference as if fully set forth herein. The Project Documents are complementary, and what is called for by any one shall be as binding as if called for by all.
55 Item7.

Resolution No. 2026-115
Exhibit “A”

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2. Description and Performance of Work . CONTRACTOR shall furnish all work described in Attachment “A ,” which is attached hereto and incorporated by this reference, and the Project Documents (“Work”). All Work to be performed and materials to be furnished shall be completed in a good workmanlike manner, free from defects, in strict accordance with the plans, drawings, specifications, and requirements set forth in the Project Documents and all provisions of this Agreement.

3. Compensation. In exchange for CONTRACTOR’s completion of the Work, the CITY shall pay, and CONTRACTOR shall accept in full, an amount not to exceed the sum of $676,353 (“Contract Price”).

CONTRACTOR shall be compensated only for performance of the Work described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent.

4. Term and Time of Performance. CONTRACTOR shall commence work within one week from the CITY's notice to proceed. CONTRACTOR shall diligently perform and complete the Work with professional quality and technical accuracy by December 31, 2026 (“Completion Date”). Extension of terms or time of performance shall be subject to the CITY’s sole discretion.

5. Time Is of the Essence. If the Work is not completed by the Completion Date, it is understood that the CITY will suffer damage. It being impractical and infeasible to determine the a mount of actual damage, in accordance with Government Code section 53069.85, the Parties agree that CONTRACTOR shall pay to the CITY as fixed and liquidated damages, and not as a penalty, the sum of $250 per day for each calendar day of delay until the Work is completed and accepted (“Liquidated Damages Amount”) . Th e Liquidated Damages A mount shall be deducted from any payments due to, or that become due to, CONTRACTOR. CONTRACTOR and CONTRACTOR'S surety shall be liable for the Liquidated Damages Amount.

6. Insurance Requirements.

a. CONTRACTOR shall pro cure and maintain , at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work, and the results of such Work, by CONTRACTOR, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:

(1) Commercial General Liability . Insurance Services Office (“ISO”) Form CG 0001 11188 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury (including emotional distress), sickness, disease, or death of any person other than the CONTRACTOR's employees , and personal and advertising injury, and damages because of injury or destruction of tangible property, including loss of use re sulting there from, with limits no less than $3,000,000 combined single limit coverage per occurrence for bodily injury and property damage; or, if a general aggregate limit is applicable, either: (i) the general aggregate limit shall specifically apply to the project identified in the bid specifications or to the location of such project which is the subject of these bid specifications with coverage to be no less than $3,000,000, or (ii) the general aggregate shall be at least $3,000,000 combined single limit coverage per occurrence for bodily injury and property damage.

(2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non -owned autos (Code 9), including damages because of bodily injury, death of a person, or property damage arising out of the ownership, maintenance, or use of a motor vehicle, all mobile equipment, and vehicles 56 Item7.

Resolution No. 2026-115
Exhibit “A”

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Public Improvement Agreement (Contractor) - 3 - CAO: 8/26/2021 moving under CONTRACTOR’s control and engaged in the Work, with limits no less than $3,000,000 combined single limit per accident for bodily injury and property damage.

(3) Workers’ Compensation. Workers' Compensation as required 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) If CONTRACTOR 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 CONTRACTOR.

b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:

(1) Compliance with General Condition Requirements. Insurance coverage shall comply with and meet all requirements set forth in Article 5.2 of General Conditions

(2) 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 n o less than A-:VII, or as approved by the CITY.

(3) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the 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 additional insured endorsement shall be at least as broad as ISO Form CA 20 01.

(4) Primary Coverage. CONTRACTOR’s insurance coverage shall be pri mary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers s hall be in excess of CONTRACTOR’s insurance and shall not contribute with it.

(5) Notice of Cancellation . Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY.

(6) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated within this Agreement, and CONTRACTOR shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is a n additional insured on any insurance required from a subcontractor.

(7) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer. Any Workers’ Compensation policy required by this Agreement shall be endorsed with a waiver of subrogation in favor of the CITY for 57 Item7.

Resolution No. 2026-115
Exhibit “A”

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Public Improvement Agreement (Contractor) - 4 - CAO: 8/26/2021 all work performed by the CONTRACTOR, its agents, representatives, employees and subcontractors.

(8) Self-Insurance. CONTRACTOR may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONTRACTOR shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONTRACTOR’s (i) net worth and (ii) reserves for payment of claims of liability against CONTRACTOR are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONTRACTOR’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.

(9) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.

c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time.

d. Special Risks or Circumstances. The CITY reserves the right, at any point during 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 within this Agreement, including the types and limits of insurance coverage CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions within this Agreement concerning indemnification.

f. Compliance. 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. Compliance by CONTRACTOR with the requirement to ca rry insurance and furnish certificates, policies, Additional Insured Endorsement and Declarations Page evidencing the same shall not relieve the CONTRACTOR from liability assumed under any provision of this Agreement, including, without limitation, the obligation to defend and indemnify the CTY and the City Engineer. In the event that CONTRACTOR fails to comply with any insurance requirement set forth in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONTRACTOR to stop Work under this Agreement and/or withhold any payment that becomes due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

7. Indemnification, Duty to Defend, and Hold Harmless.

a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalties, judgments, orders, levies, costs, expenses, liabil ities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages 58 Item7.

Resolution No. 2026-115
Exhibit “A”

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Public Improvement Agreement (Contractor) - 5 - CAO: 8/26/2021 and attorney’s fees and other related litigation costs and expenses (collectively, “Claims”), of every nature caused by, arising ou t of, or in connection with CONTRACTOR’s (including CONTRACTOR’s agents, employees, and subcontractors, if any) Work pursuant to this Agreement or its failure to comply with any of its obligations contained herein, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

b. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No.

R9-2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any Work performed pursuant to this Agreement.

c. All terms and provisions within this Section 7 shall survive the termination of this Agreement.

8. Bonds.

a. CONTRACTOR shall furnish and deliver to the CITY, simultaneously with the execution of this Agreement, the following surety bonds:

(1) Faithful Performance Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for faithful performance of this Agreement.

(2) Labor and Materials Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for payment t o persons performing labor and furnishing materials in connection with the Project.

b. All bonds furnished to the CITY pursuant to this Agreement shall be in the form set forth herein and approved by the City Attorney.

c. All bonds shall be executed by sureties that are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act.

d. If the surety on any bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Work is located, the CONTRACTOR shall, within seven days thereafter, substitute another bond and surety, which must be acceptable to the CITY. No portion of the Work shall be performed without bonds, in a form and issued by a surety acceptable to the City. If one or more of such bonds shall, at any time, not be in full force and effect, CONTRACTOR shall imm ediately cease performance of the Work until CONTRACTOR is in full compliance with the bonding requirements of this Agreement and California law. All delays and costs incurred or resulting from such occurrence shall be to the exclusive account of CONTRACT OR. Failure of the CONTRACTOR to promptly cure any failure to have the necessary bonds in full force and effect shall be grounds for immediate termination of this Agreement.

e. All bonds shall be obtained from surety companies that are duly licensed or authorized in the State of California. Such surety companies shall also meet any additional requirements and qualifications as may be provided in the Supplementary General Conditions. 59 Item7.

Resolution No. 2026-115
Exhibit “A”

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9. Substitution of Securities . This Agreement is subject to California Public Contract Code section 22300, which permits the substitution of securities for any monies withheld by the C ITY to ensure performance of this Agreement . At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY, or with a state - or federally- chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR. Upon satisfactory completion and acceptance of the Work, such securities shall be returned to the CONTRACTOR.

10. Contractor Default. In the event CONTRACTOR, for a period of 10 calendar days after receipt of written demand from the CITY to do so (“Cure Period”), fails to furnish tools, equipment, or labor in the necessary quantity or quality required by this Agreement, or fails to prosecute the Work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within the Cure Period, fails to continue to do so, then the CITY in its sole discretion may exclude the CONTRACTOR from the Property, or any portion thereof, and take exclusive possession of the Property or any portion thereof, together with all material and equipment thereon, and may complete the Work or any portion of the Work, either by (i) furnishing the necessary tools, equipment, labor, or materials; or (ii) letting the unfinished portion of the work, or any portion t hereof, to another contractor; or (iii) demanding the surety hire another contractor ; or (iv) any combination of such methods. The CITY’s procuring of the completion of the Work, or the portion of the Work taken over by the CITY, shall be a charge against the CONTRACTOR and may be deducted from any money due or to become due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of such charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment if CONTRACTOR fails to pay in full any such cost incurred by the CITY. The permissible charges for any such procurement of the completion of the Work include actual costs and fees incurred to third party individuals and entities (including but not limited to consultants, attorneys, inspectors, and designers) and actual costs incurred by the CITY for the increased dedication of time of the CITY’s employees to the Project.

11. Other Legal Requirements Incorporated. Each and every provision of law and clause required by law to be inserted in this Agreement or its attachments shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though such law or clause were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party, the Agreement shall forthwith be physically amended to make such insertion or correction, without further changes to the remainder of the Agreement.

12. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONTRACTOR concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or o ral, 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.

13. Attorney’s Fees and Costs . In any act ion to enforce the terms and conditions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

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

15. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONTRACTOR, and pursuant to action of the Escondido City Council. 60 Item7.

Resolution No. 2026-115
Exhibit “A”

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16. 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.

17. 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.

18. 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.

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

20. 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.

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

22. Compliance with Laws, Permits, and Licenses . CONTRACTOR shall keep i tself 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. This shall include, but shall not be limited to, al l California Labor Code laws regarding payment of prevailing wages and all OSHA regulations. CONTRACTOR shall obtain any and all permits, licenses, and other authorizations necessary to perform the work under this Agreement. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

23. Prevailing Wages and Department of Industrial Relations Compliance. Pursuant to California Labor Code section 1770 et seq., CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages, including but not limited to the keeping of certified payroll records, overtime pay, employment of apprentices, and workers' compensation coverage, as further set forth in the General Conditions.

CONTRACTOR shall file the required workers' compensation certificate before commencing work under this Agreement . This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONTRACTOR shall post all job site notices required by regulation. CONTRACTOR, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the requirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California 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 CONTRACTOR to comply with this section.
61 Item7.

Resolution No. 2026-115
Exhibit “A”

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24. Immigration Reform and Control Act of 1986. CONTRACTOR shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONTRACTOR represents and warrants that all of its employees and the employees of any subcontractor retained by CONTRACTOR who perform any portion of the Work under this Agreement are and will be authorized to perform the Work in full compliance with the IRCA. CONTRACTOR 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 days of employment and that only employees legally eligible to work in the United States will perform the Work . CONTRACTOR agrees to c omply with the IRCA before commencing any portion of the Work, and continuously throughout the performance of the Work and the term of this Agreement.

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. (SIGNATURE PAGE FOLLOWS)
62 Item7.

Resolution No. 2026-115
Exhibit “A”

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Public Improvement Agreement (Contractor) - 9 - CAO: 8/26/2021 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

Titans Group, Corporation

Date: __________________ ___________________________________ Duke Le, Chief Executive Officer

___________________________________
Contractor's License No.

___________________________________
Tax ID/Social Security No.

APPROVED AS TO FORM:

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

BY: __________________________

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

63 Item7.

Resolution No. 2026-115
Exhibit “A”

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Public Improvement Agreement (Contractor) - 10 - CAO: 8/26/2021 ATTACHMENT “A”

Scope: The work consists generally of construction: The work consists generally of construction to Furnish & Install Complete Roofing, along with procuring and installing 1 Layer of Versico Versiweld 60Mil TPO membrane and complete lift and reset of tiles over the entire roof areas; located at 1521 S. Hale Avenue, Escondido, CA 92021 (HARRF) and 210 E. Park Avenue, Escondido, CA 92029 (PACC). Reference PACC and HARRF Aerial View Attachment.

TILE: Approx. 24,000 SQ. FT.
64 Item7.

Resolution No. 2026-115
Exhibit “A”

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65 Item7.

STAFF REPORT

June 24, 2026
File Number 0600-10; A-3597

SUBJECT
AWARD CONTRACT FOR REPAIR AND MODERNIZATION OF THREE (3) ELEVATORS AT POLICE AND FIRE

HEADQUARTERS

DEPARTMENT
Public Works/Building Maintenance

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-116 authorizing the Mayor, on behalf of the City, to execute a Professional Services Agreement with Amtech Elevator Services in the amount of $449,200 for repair and modernization of three (3) elevators at Police and Fire Headquarters (PAFHQ).

Staff Recommendation: Approval (Public Works: Joseph Goulart, Director of Public Works) Presenter: Ed Vasquez, Project Manager
ESSENTIAL SERVICE – Yes, Public Works/Infrastructure, Maintenance of Facilities / Buildings COUNCIL PRIORITY – Improve Public Safety

FISCAL ANALYSIS
An amount of $600,000 is currently budgeted in Measure I funds to rep air and modernize three (3) elevators at Police and Fire Headquarters (“PAFHQ”).

PREVIOUS ACTION
None

BACKGROUND
The Police and Fire Headquarters (“PAFHQ”) was built in 2009. The facility consists of an approximate 115,371 square foot, three-story building with ample public and employee parking. It provides operational and administrative space for the following functions: police patrol, investigations, juvenile crime, domestic violence, community -oriented policing, communications, 911 emergency response services, crime lab, computer -aided dispatch center, emergency operations center, short -term custody of prisoners, and community meeting space.
66 Item8.

During the FY 2026 budget process, the PAFHQ Elevator Modernization Project (“Project”) was funded in the amount of $600,000 in Measure I funds.

On April 6, 2026, a notice inviting bids for the Project was duly published. On May 19, 2026, two (2) sealed bids were received in response to the advertised request for bids for this Project. The confirmed total for the bid items is listed below:

Amtech Elevator Services $449,220
TK Elevator $595,712

Staff evaluated the proposed bid and determined that the bid submitted by Amtech Elevator Services to be the lowest most responsive and responsible bid. Staff recommends awarding a Professional Services Agreement and construction contract in the amount of $449,220 to Amtech Elevator Services to repair and modernize three (3) elevators shown in Exhibit “A” to Resolution No. 2026-116.

RESOLUTIONS
a) Resolution No. 2026-116
b) Resolution No. 2026 -116 - Exhibit “A”—Professional Services Agreement with Amtech Elevator Services

67 Item8.

RESOLUTION NO. 2026-116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A PROFESSIONAL

SERVICES AGREEMENT FOR THE POLICE AND FIRE

HEADQUARTERS ELEVATOR MODERNIZATION PROJECT

WHEREAS, Police and Fire Headquarters are located (“PAFHQ”) building is located at 1163 North Centre City Parkway in the City of Escondido, California; and WHEREAS, on September 11, 2024, the elevators were inspected and evaluated; and WHEREAS, three (3) of the four (4) el evators were determined to need extensive refurbishment, finding it is necessary to modernize electrical and mechanical equipment; and WHEREAS, during the fiscal year 2026 budget process, the PAFHQ Elevator Modernization Project (“Project”) was funded by using Measure I funds; and
WHEREAS, on April 6, 2026, a notice inviting bids for the Project was duly published; and WHEREAS, pursuant to said notice, two (2) sealed bids for the project were opened and evaluated on May 19, 2026; and
WHEREAS, Amtech Elevator Services submitted a bid in the amount of $449,220; and WHEREAS, Amtech Elevator Services was determined to be the lowest, most responsive and responsible bidder; and
WHEREAS, this City Council desires at this time and deems it to be in the best public interest to authorize a Professional Services Agreement with Amtech Elevator Services in the amount of $449,220. 68 Item8.

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. 2. That the City Council authorizes the Mayor to execute, on behalf of the City, a Professional Services Agreement with Amtech Elevator Services, in the amount of $ 449,220, in a substantially similar form to that which is attached to this Resolution as Exhibit “ A” and subject to final approval by the City Attorney.
3 3. That the Council approves Resolution No. 2026-116. 69 Item8.
- 1 -
Resolution No. 2026-116
Exhibit “A”

Page 1 of 13 ends

CITY OF ESCONDIDO

PUBLIC SERVICES AGREEMENT
This Public Services 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: Ed Vasquez
760-546-3944
("CITY")

And: Pacific Coast Elevator Corporation
a Delaware corporation
dba Amtech Elevator Service
1 Carrier Place
Farmington, CT 06032
Attn: Miguel Pola
562-229-4718
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties desire to enter into this Agreement for the performance of the Services described herein.

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

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

2. Compensation. In exchange for CONTRACTOR’s completion of the Services, the CITY shall pay, and CONTRACTOR shall accept in full, an amount not to exceed the sum of $449,220.

CONTRACTOR shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent. If this Agreement is amended at any time, additional compensation of 70 Item8.
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CONTRACTOR contained in any subsequent amendments shall not exceed a cumulative total of 25% of the maxi mum payment provided for in this Section 2, unless approved by resolution of the City Council.

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

4. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONTRACTOR with 10 days’ advance written notice. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONTRACTOR, then CONTRACTOR shall be compensated based on the work satisfactorily performed at the time of such termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the Services.

5. City Property. All original documents, drawings, electronic media, and other materials prepared by CONTRACTOR pursuant to this Agreement immediately become the exclusive property of the CITY, and shall not be used by CONTRACTOR for any other purpose wi thout the CITY’s prior written consent.

6. Insurance Requirements.
a. CONTRACTOR shall procure 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 CONTRACTOR, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non-owned autos (Code 9), with 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 required by the State of California, with Statutory Limits, and Employer’s Liabilit y Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) If CONTRACTOR maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
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(2) Additional Insured Status . Both the Commercial General Liability and the Automob ile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the 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 . CONTRACTOR’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
(4) Notice of Cancellation . Each insurance policy shall provide that coverage shall not b e canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated in this Agreement, and CONTRACTOR shall ensure tha t the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply reg ardless 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 CONTRACTOR, its agents, representatives, employees and subcontractors.
(7) Self-Insurance. CONTRACTOR may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self-insurance.

CONTRACTOR shall only be permitted to utilize such self-insurance if, in the opinion of the CITY, CONTRACTOR’s (i) net worth and (ii) reserves for payment of claims of liability against CONTRACTOR are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONTRACTOR’s utilization of self - insurance shall not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the 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 CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities 72 Item8.
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and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that CONTRACTOR fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONTRACTOR to stop work under this Agreement and/or withhold any payment that becomes due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

7. Bonds.

a. CONTRACTOR shall furnish and deliver to the CITY, simultaneously with the execution of this Agreement, the following surety bonds:

(1) Faithful Performance Bond. CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for faithful performance of this Agreement.

(2) Labor and Materials Bond . CONTRACTOR shall furnish to the CITY a surety bond in an amount equal to the Contract Price as security for payment to persons performing labor and furnishing materials in connection with the Project.

b. All bonds furnished to the CITY pursuant to this Agreement shall be in the form set forth herein and approved by the City Attorney.

c. All bonds shall be executed by sureties that are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act.

d. If the surety on any bond furnished by the CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Work is located, the CONTRACTOR shall, within seven days thereafter, substitute another bond and surety, which must be acceptable to the CITY. No portion of the Work shall be performed without bonds, in a form and issued by a surety acceptable to the Ci ty. If one or more of such bonds shall, at any time, not be in full force and effect, CONTRACTOR shall immediately cease performance of the Work until CONTRACTOR is in full compliance with the bonding requirements of this Agreement and California law. All delays and costs incurred or resulting from such occurrence shall be to the exclusive account of CONTRACTOR. Failure of the CONTRACTOR to promptly cure any failure to have the necessary bonds in full force and effect shall be grounds for immediate termination of this Agreement.

e. All bonds shall be obtained from surety companies that are duly licensed or authorized in the State of California. Such surety companies shall also meet any additional requirements and qualifications as may be provided in the Supplementary General Conditions.

8. Indemnification, Duty to Defend, and Hold Harmless.

a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and 73 Item8.
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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 CONTRACTOR’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the sole negligence or willful misconduct of the CITY. b. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall defend, indemnify, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No. R9 - 2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or o ccurring 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 par ticular skills of CONTRACTOR in entering into this Agreement, CONTRACTOR shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY’s prior written consent. Any purported assignment, delegation, subcontract, or other transfer made without the CITY’s consent shall be void and ineffective. Unless CONTRACTOR assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY’s prior written consent, CONTRACTOR shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.

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

11. Independent Contractor . CONTRACTOR 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 CONTRACTOR.

13. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agr eement and understanding of the CITY and CONTRACTOR concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. 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 ex tent 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.
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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, including an attachment to an email, shall be effective as delivery of an executed original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or counterparts of the Agreement.

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 CONTRACTOR shall promptly provide the other Party with notice of any changes to such contact information.

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

21. Compliance with Laws, Permits, and Licenses . CONTRACTOR shall keep itself inf ormed 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. CONTRACTOR shall obtain any and all permits, licenses, and o ther authorizations necessary to perform the Services.

Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply w ith this section.

22. Prevailing Wages . If applicable, pursuant to California Labor Code section 1770 et seq., CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The prevailing rate and scale to be paid shall be the same as 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 liabl e, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

23. Department of Industrial Relations Compliance . This public project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. CONTRACTOR shall post all job site notices required by regulation. CONTRACTOR, as well as any subcontractors, shall be registered pursuant to California Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal (subject to the req uirements of Public Contract Code section 4104), or engage in the performance of any public works contract subject to the requirements of Division 2, Part 7, Chapter 1 of the California Labor Code. Neither the CITY, nor any elected or appointed boards, of ficers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

24. Immigration Reform and Control Act of 1986. CONTRACTOR shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONTRACTOR represents and warrants that all of its employees and the employees of any subcontractor retained 75 Item8.
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by CONTRACTOR who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONTRACTOR affirms that as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Services. CONTRACTOR agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.

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. (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

Pacific Coast Elevator Corporation
dba Amtech Elevator Service

Date: __________________ ___________________________________ Marcus Burton, Chief Executive Officer

Date: __________________ ___________________________________ Jorge Castillo, Secretary

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

Pacific Coast Elevator Corporation, a Delaware corporation (“Contractor”) will provide the City of Escondido, a California municipal corporation (“City”) with elevator modernization at Police and Fire Headquarters (“PAFH”).

B. Location

Contractor will provide services at the City’s facility located at 1163 N. Centre City Pkwy, Escondido, CA 92025.

C. Services

The work consists generally of construction to furnish, install/replace three worn and problematic elevators equipment, along with procuring and installing all materials associated with this modernization project; located at 1163 N. Centre City Pkwy, Escondido, CA 92025. Please see Exhibit 1 to this Scope of Work, which is attached hereto and incorporated herein by this reference, for further detail.

D. Scheduling

Contractor to schedule specific dates of work in advance by contacting Ed Vasquez at 760 -546- 3944 or [email protected]. Work shall be performed in-between the hours of 8 a.m. and 4:30 p.m., Monday through Friday. Contractor shall sign in and sign out at the receptionist area. Further instructions will be provided upon scheduling.

E. Contract Price and Payment Terms

The contract price shall not exceed $449,220.The contract price includes all labor, materials, equipment, and transportation required to perform the work. Services will be billed as services are performed. Payment will be made after services have been performed and within 30 days of receipt of an invoice for those services.

F. Term

The term of this Agreement shall be for one year, commencing on the Effective Date of the Agreement.

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EXHIBIT 1

PROJECT LOCATION:
1163 N Centre City Pkwy
Escondido, CA 92025
Tele: (760) 802-0395

MACHINE NUMBER(S): State# 149796, 149797 and 149798
Y18072, Y18073 and Y1807

We will provide labor and material to furnish and install on the above referenced machine(s) the following:

Elevator Modernization
Replace the worn and problematic elevator equipment as described below to:
 Ensure maximum reliability of the elevator equipment
 Minimize elevator shutdowns
 Ensure the safety of the building tenants, patients, visitors and staff  Reduce risk of injury to passengers
 Reduce liability exposure associated with elevator-related incidents  Increase tenant / resident satisfaction
 Equipment complies with ASME A17.1-2004 Group IV code effective 5/1/08 for modernizations and new equipment installations
System Component Recommendation
(Provide New or Retain existing)
Microprocessor Duplex Controller:

Non-proprietary computerized
microprocessor-based, to include:
 Controller
 New Hoistway leveling package
 New multi-wire car, hoistway and
machine room wiring
 New motor starter switch
 Phase I and Phase II Fire Service
 Reduced torque door closing
 EMERGENCY RETURN UNIT
INCLUDED IN THE PRICE.

Features of the new controller:
 Stuck button protection
 Door motor protection
 Time-saving maintenance

New

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NOTE: California application of ANSI
A17.1 National Code:

Effective 10/26/1998, all elevator control
system upgrades
require concurrent fire recall phase I, II
and alternate fire floor
operation. This may require simultaneous
installation of new
fire recall switches in the cab and hall.

Monthly testing of same
will be required thereafter.

Traveling Cables, wiring New
Inspection Station/ Pit Switch/ Alarm New
Car Operating Panel (COP – 1 per
elevator cab)
 The new COP will integrate ADA-
compliant features, including
vandal-resistant pushbuttons,
raised 1/8”, Braille tags with
contrasting backgrounds and
threaded studs, ADA approved
speaker phone, Phase II Fireman’
s Service and jewel, emergency
light unit, digital position indicator
with a segmented display, passing
chime, engraved signage and all
other features as existing. #8
Brass Mirror Polish

In-car Emergency Telephone
 The new emergency phone will be
an ADA-approved emergency
phone, integral to new COP.
 NOTE: Working phone line to be
provided by others, if not already
existing. The line must be run from
its source to the elevator
equipment room (controller
location).

New

Emergency Car Lighting
 Integral to the new COP. The new
COP will feature a lighting/alarm
bell system with power supply in
the elevator car to provide car light
and power for the alarm bell in the
New

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event of a power supply failure.

The emergency light will appear
behind a translucent lens such that
it will illuminate the car operating
panel area when activated. The
alarm bell will be installed on either
the car top or the underside of the
platform.

Hall Stations (1 riser):
 New Surface-Mount hall stations,
of #8 Brass Polished finish, will be
installed at each landing (one per
floor). They will be installed at the
appropriate height to be compliant
with Title 24 and ADA
requirements. Hall station buttons
will be vandal-resistant. NOTE:

Coring of concrete or stone and/or
the patching of any finished wall is
not included in this proposal.

New

Access Switches New
Car Door Operator
The new door operator package includes:
 New Closed loop master power
operator- Front / Rev.
 Retain existing Car door clutch
assembly- Front/ Rev
 New California Locking device.
 Retain and refurbish the existing
Car door hanger and
 Track assembly.
 Retain and refurbish the existing
Hall door hanger and
 Track assembly
 New interlocks- 1 per opening
 Retain car door panels
 Retain hall door panels
New- Retain – Refurbish

Electronic Door Detector: Front and
Reverse
 The state-of-the-art electronic door
protection system is made up of
many infrared beams, strategically
placed at intervals along the full
length of the leading edge of the
car doors. If a passenger or object
moves through the doorway after
the doors have begun to close,
New
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they will automatically re-open,
and will remain so until the
doorway is clear. The new door
protection system includes circuitry
for reduced kinetic energy closing,
as required by code.

Tank Unit:
 Install a new submersible tank unit
which is comprised of a tank,
pump, motor, valve, & muffler and
hydraulic fluid.

 Please note: The building owner
(or agent) assumes responsibility
for the proper removal of all used
oil associated with the replacement
of the existing tank unit. Provide
assistance coordinating the
scheduling of the spoils removal,
as necessary
New

Smoke Detectors:
 State of California elevator code
requires one smoke detector be
installed at each landing, and one
in the elevator machine room. If
smoke detectors do not already
exist at these locations, they will
need to be installed.

By “Others”
Jamb Braille New
Machine room cleaning Included
Inspection and associated permit
issuance by local or State authority
Included
Safety Upgrades of the following
components:
 New Top of Car Inspection Station
 New Pit Emergency Stop Switch
 New Pit Ladder – as needed
 New Access Alert Pit and Car Top
Safety Circuit
New

82 Item8.

STAFF REPORT

June 24, 2026
File Number 0600-10; A-3458-4

SUBJECT
LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT – FOURTH AMENDMENT TO PUBLIC SERVICES AGREEMENT WITH MAKELELE SYSTEMS FOR ZONES 1-38

DEPARTMENT
Development Services

RECOMMENDATION

Request the City Council adopt Resolution No. 2026-52, authorizing the Mayor to execute a Public Services Agreement Fourth Amendment with Makelele Systems Landscape & Maintenance, Inc. and the City of Escondido Landscape Maintenance Districts (“LMD”). The LMD is requesting the approval of one (1) year of continuing landscape maintenance service for Fiscal Year 2027 as outlined in the terms of the original agreement in the amount of $282 ,864, and the addition of $100,000 in prior budgeted landscape repairs to address current and deferred landscape maintenance items for the special benefit of parcel owners. The Fourth Amendment requests a total amount of $382,864 to be added to the Makelele Systems Public Service Agreement for Fiscal Year 2027.

Staff Recommendation: Approval (Kevin Snyder, Development Services Director, and Joe Goulart Director of Public Works)
Presenter: Jen Conway, Management Analyst II
ESSENTIAL SERVICE – Yes, Maintenance of Open Spaces
COUNCIL PRIORITY – Increase Retention and Attraction of People and Businesses to Escondido

FISCAL ANALYSIS

LMD is a benefit assessment district created to fund the maintenance of landscape improvements.

Assessment revenue is collected from property owners in each of the 38 zones via annual property tax paid through the County of San Diego. The funding mechanism consists of a separate fund for each zone, with collected assessments only to be used for that zone with expenses published each fiscal year on the Engineer’s Report.

The Authority and process for a government agency to create and maintain these specific districts are outlined in the ‘Landscape and Light Act of 1972’ which is located in the California Streets and Highways Code, Division 15, from Section 22500-22679.
83 Item9.

There are allowances in the code to carry forward budget surplus and deficits year to year.

BACKGROUND

In lieu of the formation of an HOA, the development owner of the parcels requested annexation into the City’s Landscape Maintenance District s to pay for the ongoing maintenance of the landscaping improvements associated with the City right -of-way and landscape easement areas. These landscape improvements were installed by the de veloper to enhance the appearance and quality of the development. Residents pay an assessment per parcel for the proportionate special benefit received by the LMD providing landscape improvements and maintenance.

Each fiscal year the annual Engineer’s report (which is also the LMD budget ), lists estimated repairs for landscape maintenance such as irrigation repair, plant replacement, fence repair, and ground treatments.

Amendment Three requests a portion of those funds to be placed within the current fiscal year contract to allow work to commence on deferred maintenance items.

The Landscape Maintenance Public Services Agreement Fourth Amendment includes the request for the addition of one year of landscape maintenance service for Fiscal Year 2027 in the amount of $282,864 , and the addition of $100, 000 in landscape maintenance repair costs for Fiscal Year 2027.

RESOLUTIONS
a. Resolution No. 2026-52
b. Resolution No. 2026 -52—Exhibit “A” — Fourth Amendment to Public Service Agreement with Makelele Systems, Inc.

84 Item9.

RESOLUTION NO. 2026-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR TO

EXECUTE, ON BEHALF OF THE CITY, A FOURTH

AMENDMENT TO THE PUBLIC SERVICE S AGREEMENT
WITH MAKELELE SYSTEMS, INC. FOR LANDSCAPE

MAINTENANCE SERVICES

WHEREAS, the City entered into the Public Services Agreement (“PSA”) per Resolution No. 2023- 68 with Makelele Systems Inc. for two years (FY2023-2025), with the option of three additional years for fiscal years 2026,2027 and 2028, requiring Council approval for each one -year extension for $282,864; and
WHEREAS, the Fourth Amendment requests the addition of one year of maintenance to be added to the to the annual contract for fiscal year 202 7 for landscape maintenance service in the amount of $282,864; and
WHEREAS, the Fourth Amendment also requests the use of prior budgeted repair funds in the amount of $100,000 to be added for landscape repairs and renovations to the annual contract for fiscal year 2027; and
WHEREAS, repair costs for each zone are determined each fiscal year based on the annual Engineer’s Report also called the Landscape Maintenance Districts (“LMD”) budget; and WHEREAS, the LMD has deferred maintenance repair items that should be addressed in the fiscal year 2027 for the “special benefit” of parcel owners; and 85 Item9.

WHEREAS, the amount requested to be added to the contract is $ 100,000 for the repairs consisting of irrigation modifications, ground treatments, replacement of damaged materials, and plant and shrub replacements; and
WHEREAS, the Fourth Amendment to the PSA is attached and incorporated to this Resolution as Exhibit “A”, and subject to final approval as to form by the City Attorney; and WHEREAS, the Development Services Director and the Public Works Director recommends the approval and execution of the addition of associated landscape maintenance costs with Makelele Systems, Inc. for landscape maintenance services f or the City of Escondido Landscape Maintenance Assessment Districts for fiscal year 2027; and
WHEREAS, it is in the best interest of the City to add one year of landscape maintenance service, and landscape maintenance repair costs to the Agreement for fiscal year 2027 for landscape maintenance improvements requesting Council to approve $382,864 to be added to the Agreement for fiscal year 2027, with this Fourth Amendment bringing the PSA total to $1,515,456.

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

1. That the above recitations are true.

2. That the Fourth Amendment to the agreement is in the best interest of the City to add landscape maintenance repair costs to the PSA for fiscal year 202 7 for landscape maintenance improvements.

3. That the Mayor is authorized to execute, on behalf of the City, the addition of one year of 86 Item9.
landscape maintenance services to the contract in the amount of $282,864, and a landscape maintenance repair cost, in the amount of $100,000 for fiscal year 2027, in a substantially similar form to that which is attached and incorporated to this Resolution as Exhibit “A, and subject to final approval as to form by the City Attorney.

87 Item9.

Fourth Amendment - 1 - CAO: 04/23/2024
To Public Services Agreement

CITY OF ESCONDIDO

FOURTH AMENDMENT TO PUBLIC SERVICES AGREEMENT

This Fourth Amendment to Public Services Agreement (“ Fourth Amendment”) 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: Jen Conway
760-839-4082
("CITY")

And: Makelele Systems Landscape and Maintenance
a California corporation
420 N Twin Oaks Valley Rd Unit 2044
San Marcos, CA 92079
Attn: Jose Cardenas
760-208-8749
("CONTRACTOR ").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties entered into that certain Public Services Agreement dated June 27, 2023, which was subsequently amended by a First Amendment dated May 29,2024, a Second Amendment dated August 25, 2025, and a Third Amendment dated May, 11 2026, (collectively, the “Agreement”), wherein CITY retained CONTRACTOR to provide services for landscape repair and renovations, as more specifically described in the Agreement; W HEREAS, the Parties desire to amend the Agreement as described in “Attachment A” to this Fourth Amendment, which is attached hereto and incorporated herein by this reference.

NO W, 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. In addition to those services described in the Agreement, the CONTRACTOR will furnish all of the Services described in Attachment A to this Fourth Amendment.

2. T he CITY will compensate the CONTRACTOR in an additional amount not to exceed the sum of Resolution No. 2026-52
Exhibit "A"

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Fourth Amendment - 2 - CAO: 04/23/2024
To Public Services Agreement

$382,864 which consists of one (1) additional year of landscape maintenance services for Fiscal Year 2027 in the amount of $ 282,864, and prior budgeted repairs in the amount of $100,000, pursuant to the conditions contained in “Attachment A” to this Fourth Amendment.

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

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

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

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

(Signature Page Follows)

Resolution No. 2026-52
Exhibit "A"

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Fourth Amendment - 3 - CAO: 04/23/2024
To Public Services Agreement

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

CITY OF ESCONDIDO

Date: __________________ ____________________________________ Dane White, Mayor

Makelele Systems Landscape & Maintenance

Date: __________________ ___________________________________ Jose Cardenas, President

A
PPROVED AS TO FORM:

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

B
Y: __________________________

D
ATE: _________________

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

Resolution No. 2026-52
Exhibit "A"

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Fourth Amendment - 4 - CAO: 04/23/2024
To Public Services Agreement

ATTACHMENT “A”
Scope of Work

A. G eneral

Makelele Systems Landscape & Maintenance, Inc., a California corporation (“Contractor”) will continue to provide the City of Escondido, a California municipal corporation (“City”) with landscape maintenance services within the City’s Landscape Maintenance Districts (“LMD”) for the Fiscal Year 2027 in the amount of $282,864. This Fourth Amendment shall co ver the extension of one (1) year of landscape maintenance services for FY2027, and the following landscape maintenance repair and renovation services in the amount of $100,000 to be used for repairs and renovations among zones 1-38, with costs applied per project according to fund account.

B. Locat ion

Contractor will continue to provide l andscape services at the LMD zones in accordance with the locations listed in Exhibit 1, Zone Maps and Descriptions, referenced by Public Service Agreement A-3458 and attached hereto for Fiscal Year 2027.

C. S ervices

In addition to the r egular landscape maintenance services described in the Agreement , Contractor will perform landscape maintenance repairs and renovation services, irrigation repair, shrub and tree planting, mulch and ground treatment applications, pruning, and lawn management as more particularly described in Exhibit 2 ‘LMD Maintenance Services, Special Provisions and Maintenance Specifications’ in addition to this to this Scope of Work, which is attached hereto and incorporated herein by this reference. In the event of a conflict between the Agreement (including this Fourth Amendment) and Exhibit 2, the terms of this Agreement shall prevail.

D. S
cheduling

Contractor will schedule work in accordance with Work Authorizations issued from City staff by contacting Jennifer Conway at 760- 839-4082 or [email protected]. Work shall be performed between the hours of 8 a.m. and 6 p.m., Monday through Friday.

E. Contract Price and Payment Terms

The contract price of this Fourth Amendment shall not exceed $382,864. The contract price of this Fourth Amendment $382,864 will bring the total contract price of the Agreement to $1,515,456. The contract price of this Fourth Amendment includes all labor, materials, equipment, and transportation required to perform the work. Services will be billed as services are performed. Payment will be made after services have been performed and within 30 days of receipt of an invoice for those services.

Contractor’s “Un
it Cost Price List” applicable to repair and renovation services provided pursuant to this Fourth Amendment are attached hereto as Exhibit 3, respectfully, and incorporated herein by this reference. In the event of a conflict between the Agreement (including this Fourth Amendment) and Exhibit 3, the terms of this Agreement shall prevail. All work will be invoiced at a price less than the unit cost listed based on volume for that work in that zone , or among multiple zones.

Resolution No. 2026-52
Exhibit "A"

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Fourth Amendment - 5 - CAO: 04/23/2024
To Public Services Agreement

F. T erm

The term of this Fourth Amendment shall be from the Effective Date of this Fourth Amendment through June 30, 2027. Upon satisfactory performance by Contractor and mutual agreement of the Parties, the City shall have the option to renew this Agreement for one additional one- year terms as follows:

• Year 5 (FY 2027/28): July 1, 2027 through June 30, 2028

Resolution No. 2026-52
Exhibit "A"

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Exhibit 1
LMD Overall Zone Map
And Zone Description
Resolution No. 2026-52
Exhibit "A"

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NUTMEG
HALE
17TH

MISSION
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SAN PASQUAL VALLEY
CENTRE
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OLD VIA RANCHO

WASHINGTON

JUNIPER

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11TH
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5TH
13TH
VISTA
ASH
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WEST CITRACADO

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AUTOPARK

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ASH
MARY
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2ND

AUTOPARK
HALE

CITRACADO
9TH

LINCOLN
CONWAY
WANEK
B EAR
VALLEY

BENNETT

SAN PASQUAL

AUTOPARK
ROSE
NORTH
VALLEY
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MOUNTAIN VIEW
RINCON
SR-78 WB
SAN

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SR-78 EB
IDAHO
I-15 NB
I-15 SB
SR-78
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BEAR VALLEY

CHESTNUT

FELICITA

ESCONDIDO

BROADWAY

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OLD SANPAS
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TERRAZA

COUNTRY
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DAVID
1 2
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37 38
City of Escondido
Landscape Maintenance District
City Boundary
Major Roads
Roads
!( LMD Zones1
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0 0.50.25
Miles
S:\GIS\Projects\Engineering\Schmitz0413\Landscape_maint.mxd Zone Tract/Location
947, Bernardo/Hamilton
889, Stanley/Lehner
2 695, Nutmeg
1 525, Rancho Verde
3 708, 11th and Valley
4 721, El Norte/Rees
5 723, La Honda
7 733R, La Honda
8 789, E. Washington
9 655, Laurel Valley
10 Country Club
11 583, Parkwood
12 Reidy Creek
13 CCP @ Felicita
14 747, Lincoln
15 805, Citrus
17 800, E. Washington
18 818, E. Valley/Wanek
19 819, 844, Brookside
20 817, Citracado
21 823, El Norte/Greenway
22 808, El Norte/Woodland
23 837, Harmony Grove
24 824, Encino Drive
26 856, Fig/Jets Place
27 850, Washinton Hills I
28 839, Eureka Ranch
29 861, Felicita Road
30 880, Fig
31 834, Citracado Parkway
32 881, Washinton Hills II
33 883, El Norte/Midway
34 901, Idaho/Purdum
36 35
25 821, 847, 787R, Washington
16 741, N. Broadway/Trellis
6 611R, N. Broadway/Brava
37 934, Gamble/Emilia
38 888, Campbell Place
Resolution No. 2026-52
Exhibit "A"

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

Area = 33,000 Sq. Ft.

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

Area = 17,200 Sq. Ft.

LMD Zone 3 – Eleventh/Valley
Located at the southwest corner of West Eleventh Avenue and West Valley Parkway. The improvements to be maintained include the slope and parkway landscaping on the west side of West Valley Parkway, and a small portion of parkway landscaping on the south side of Eleventh Avenue.

Area = 18,200 Sq. Ft.

LMD Zone 4 – El Norte/Rees
Located on the north side of El Norte Parkway and the west side of Rees Road from Rees Road to approximately 1000 feet east of Bennett Avenue. The improvements to be maintained include crib wall, slope and parkway landscaping on the north side of El Norte Parkway, and parkway landscaping on the west side of Rees Road adjacent to the homes in Tract 721.

Area = 14,700 Sq. Ft.

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

Area = 37,300 Sq. Ft.

LMD Zone 6 – N. Broadway/Brava
Located on the east side of North Broadway at the intersection of Brava Place. Improvements to be maintained include parkway landscaping north and south of Brava Place, and parkway landscaping on Brava place adjacent to environmental channel.

Area = 2,000 Sq. Ft. – not including channel maintenance *Any work done in the portion of the environmental channel flowing through the development, as indicated on the subdivision map, will be billed as extra work and is not part of the monthly maintenance. Channel maintenance must be preapproved by the Public Works Department and may be subject to additional environmental requirements and maintenance restrictions.

Resolution No. 2026-52
Exhibit "A"

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LMD Zone 7 – La Honda (south)
Located on the east side of La Honda Drive beginning north of Trujillo Terrace and continuing north up La Honda Drive to the boundary of LMD Zone 5. The improvements to be maintained include the slope/parkway landscaping on the east side of La Honda Drive and the landscaping in a triangular -shaped lot on the corner of MacNaughton Lane and Glasglow Lane.

Area = 23,000 Sq. Ft.

LMD Zone 8 – East El Norte Parkway
Located on the south side of El Norte Parkway between Justin Way and Kaile Lane. The improvements to be maintained include parkway landscaping.

Area = 2,722 Sq. Ft.

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

Area = 234,353 Sq. Ft.

LMD Zone 10 - Country Club Lane
The improvements to be maintained include the median landscaping on Country Club Lane west of Interstate 15 and northeast of Nutmeg St.

Area = 8,500 Sq. Ft.

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

Area = 687,000 Sq. Ft.

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

Area = 830,000 Sq. Ft.
*Channel bed maintenance is not part of the monthly maintenance and invasive plant species will be removed and/or treated three (3) times a year and will be billed separately and approved by the City. Channel bed maintenance and may be subject to additional environmental requirements and maintenance restrictions.

LMD Zone 13 - Centre City Parkway Median at Felicita Avenue Located south of Felicita Avenue extending to approximately 500 feet south of Towne Centre Driveway. The improvement to be is the landscaping which includes trees, shrubs, and ground cover in the median on Centre City Parkway.

Area = 42,500 Sq. Ft.

Resolution No. 2026-52
Exhibit "A"

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LMD Zone 14 - Lincoln
Located on the north side of Lincoln Avenue between Fig Street and Grape Street. The improvements to be maintained include the landscaping in the parkway on the north side of Lincoln Parkway adjacent to the homes in Tract 747.

Area = 2,000 Sq. Ft.

LMD Zone 15 – Citrus/Washington
Located on the east side of Citrus Avenue and the south side of Washington Avenue. The improvements to be maintained include the landscaping in the parkway on the east side of Citrus Avenue and on the south side of Washington Avenue adjacent to the homes in Tract 805.

Area = 7,000 Sq. Ft.

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

Area = 1,200 Sq. Ft.

LMD Zone 17 – El Norte/Creekside
Located on the north side of El Norte Parkway east of Kaile Lane. The improvements to be maintained include parkway landscaping on the north side of El Norte Parkway and the east side of Kaile Lane.

Area = 6,240 Sq. Ft.

LMD Zone 18 – East Valley Parkway/Wanek
Located on East Valley Parkway just north of Wanek Road. The improvements to be maintained include parkway landscaping on the west side of East Valley Parkway north of Wanek Road adjacent to Tract 818.

Area = 1,265 Sq. Ft.

LMD Zone 19 – Brookside I and II
Located north of Rincon Avenue, east of North Broadway Avenue, west of Conway Drive, and south of North Avenue in Tracts 819 and 844.

Area = 448,000 Sq. Ft.

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

Area = 20,750 Sq. Ft.

LMD Zone 21 – El Norte/Greenway
Located on East El Norte Parkway east of Greenway Rise adjacent to Tract 823. The improvements to be maintained include slope/parkway landscaping on the north side of East El Norte Parkway adjacent to Tract 823.

Area = 6,000 Sq. Ft.

LMD Zone 22 – El Norte/Woodland
Resolution No. 2026-52
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Located on West El Norte Parkway and Woodland Parkway adjacent to Tract 808.

Improvements to be maintained include slope/parkway on the north side of West El Norte Parkway and the east side of Woodland Parkway adjacent to Tract 808.

Area = 9,660 Sq. Ft.

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

Improvements to be maintained include parkway landscaping on the north side of Harmony Grove Road east and west of Princess Kyra Place.

Area = 2,270 Sq. Ft.

LMD Zone 24 – Encino/Juniper
Located on Encino Drive adjacent to Tract 824 and on Juniper Street adjacent to Tract 845.

The improvements to be maintained include slope/parkway landscaping on the west side of Encino Drive north and south of Amparo Court, a detention basin near the southwest corner of Encino Drive/Amparo Court, slope/parkway landscaping on the east side of Juniper Street north and south of Amparo Drive and a detention basin on the northeast corner of Juniper Street/Amparo Court.

Area = 85,365 Sq. Ft.

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

Improvements to be maintained include parkway landscaping on the no rth side of El Norte Parkway adjacent to Tracts 787R, 821, and 847.

Area = 6,216 Sq. Ft.

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

Improvements to be maintained include parkway and drainage landscaping on the east side of Fig Street north and south of Jets Place adjacent to Tract 856.

Area = 1,836 Sq. Ft.

LMD Zone 27 – Washington Hills I (aka Chaparral Ridge & Glen) Located on the north and south sides of El Norte Parkway and the north side of Washington Avenue. Improvements to be maintained includes the parkway landscaping adjacent to the Chaparral Ridge and Chaparral Glen Development.

Area = 29,903 Sq. Ft.

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

Area = 287,000 Sq. Ft.

LMD Zone 29 – Felicita Road
Located on the west side of Felicita Road, north and south of Rockwell Springs Court adjacent to Tract 861. Improvements to be maintained includes parkway and drainage landscaping.

Area = 4,578 Sq. Ft.

LMD Zone 30 – Fig Street
Resolution No. 2026-52
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Not in contract
LMD Zone 31 – ERTC
Not in contract
LMD Zone 32 – Washington Hills II (aka Chaparral Creek) Located on t he south side of Washington Avenue, eas t and west of Trovita Court.

Improvements to be maintained include parkway landscaping.

Area = 875 Sq. Ft.

LMD Zone 33 – El Norte/Midway
Located on the north side of El Norte Parkway, east and west of Midway Drive. Improvements t
o be maintained include slope, parkway, and drainage landscaping on El Norte Parkway and M
idway Drive adjacent to Tract 883.

Area = 4,000 Sq. Ft.

LMD Zone 34 – Idaho
Located on t he nort h si de of I daho Avenue, west of Purdum Lane. Improvements t o be maintained include slope, parkway, and drainage landscaping.

Area = 7,000 Sq. Ft.

LMD Zone 35 – Hamilton Lane
Located on the south side of Hamilton Lane east and west of Hamilton Place adjacent to Tract 889. Improvements to be maintained include parkway and drainage landscaping.

Area = 5,550 Sq. Ft.

LMD Zone 36 – Stanley/Lerner
Not in contract
LMD Zone 37 – Gamble
Located on Gamble Street and the northwest corner or Emilia Place. Improvements to be maintained are the bioretention basin landscaping, slope, parkway, and drainage landscaping.

Area = 2,213.54 Sq. Ft.

LMD Zone 38 - Campbell Place
Located on the west side of Citrus Avenue, south of East Washington Avenue and north o
f the Flood Control Channel. Improvements to be maintained include parkway and drainage landscaping.

Area = 2,000 Sq. Ft.

Resolution No. 2026-52
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D
D
D
D
D
D
A: 1.43 acres Turf
B: 1.46 acres Plateau Grass
C: 1.49 acres Slope
D: 1.00 acres Shrubs/Groundcovers
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Lots: 40, 60, 88A, 88B, 130, 169, 225, 262, and Conway
Medians
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LMD ZONE 28
Eureka Springs
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LMD Zone 28
Eureka Springs
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Eureka Springs
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LANDSCAPE AREA TO BE MAINTAINED
LMD Zone 35
Hamilton Lane
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UHDICAPI ARl!A TO • IIAINTAINED
LMD Zone 37
Gamble Street/ Emilia Place
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EXHIBIT 2

LMD LANDSCAPE MAINTENANCE SERVICES

SPECIAL PROVISIONS AND

MAINTENANCE SPECIFICATIONS
A. SCOPE OF WORK
The work consists of general landscape maintenance within the City of Escondido Landscape Maintenance District. The work includes mowing, edging, weeding, fertilizing, litter control, debris removal, maintenance of all plants, maintenance of the irrigation systems, and the replacement of any damaged or vandalized irrigation equipment or plant material.Contractor will be responsible for the replacement of any damaged plant materials caused by negligence from the contractor at the contractor's expense.

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

B. PROJECT LOCATIONS/ DESCRIPTIONS
See Exhibit 1, "LMD Overall Zone Map and Zone Descriptions".

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

D. SCHEDULE OF WORK TO BE DONE
The Contractor shall accomplish all normal landscape maintenance required under this contract between the hours of 7 a.m. and 6 p.m., Monday through Friday. No maintenance functions that generate excess noise, which would cause annoyance to residents of the area, shall be commenced before 7 a.m., except in the case of a situation deemed emergency in nature.

The selected Contractor shall establish and submit an initial schedule of work to be followed in the performance of this contract within 15 days after the notice of selection and prior tothe signing of the contract. This schedule shall be updated monthly and list days, times, locations, and type of work the Contractor will be performing. Any changes in work schedule or employees shall be submitted to the City forapproval.

E. EXAMINATION OF THE SITE
The Contractor shall visit the site of the proposed work so as to be fully acquainted with the conditions and difficulties attending the performance of the contract. No additional compensation or relief from any obligations of the contract will be granted because of a lack of knowledge of the sites or conditions under which the work will be accomplished.

F.

IRRIGATION SYSTEMS
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1. The Contractor shall maintain the entire irrigation system. This includes, but is not lim ited to
, the replacement, repair, adjustment, and inspections of the system to assure continued operat
ion.

2. The Contractor shall inspect and test the operation of the irrigation system of each zone, twice per month for any malfunction including but not limited to: leaks or breaks, blocked spray pattern, clogged heads, spray adjustment, drip irrigation flushing, leaky and stuck valves). Irrigation inspection report shall be filled out by the contractor and submittedwit h the
monthly maintenance invoice.

3. All repairs and/or replacement parts shall conform to the type and kind of the existi ng sys
tem. Any deviation must have prior approval from the City. All repairs shall be made within 72 hours of notification to the Contractor by the City. Repairs must be comple ted befo
re the next watering cycle begins. Contractor shall not make repairs without pr ior wr
itten approval from the City.

4. Labor for incidental sprinkler repair and adjustment, such as controller sc hedule adjus
tments, rain delay requests, replacing batteries, cleaning nozzles (spray, rotary, drip emitters), flushing valves and pressure regulators, replacing sprinkler heads, bodies and irrigation equipment beyond the valve, will be included in the contract price. The City will reimburse the contractor for only cost of the parts for these repairs.

5. Major repairs, such as valve (control valves, ball valves, quick couplers) replacement, mainline and lateral line breaks, swing arm and riser replacement, wiring, and controllers; will be billed as extra work for parts and labor upon authorization from the City.

6. Contractor shall take a minimum of two photos (before and after) of each repair and submit with corresponding repair invoice.

7. Controller enclosures and irrigation boxes shall be kept clean of soil and debris (natural or other).

8. Irrigation systems which are on a Central Control System will be programmed by the City and the Contractor shall have user access to complete their regular irrigation maintenance and
repairs. Contractor shall provide weekly/monthly recommendations to adjust.

9. Irrigation systems not on a Central Control System will be programmed on a monthly basis by
the Contractor and approved by the City. Contractor shall utilize the controller capabilities to seasonally adjust irrigation schedules on a monthlybasis. 1O.Irrigation systems that are battery operated will be programmed on a monthly basis by the Contractor and approved by the City. Controller shall utilize the controller capabilities to seasonally adjust irrigation schedules on a monthly basis. Batteries shall be replaced on every year.

11. Irrigation systems that are solar operated will be programmed on a monthly basis by the Contractor and approved by the City. Contractor shall ensure that the solar controller panel is cleaned during regular irrigation maintenance and free and clear of any landscape
mater
ial that would block the solar controller panel.

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12. Water usage shall not exceed the amount required to comply with irrigation schedules established by the Contractor and approved by the City. The irrigation watering schedule shall be turned off via the Rain Delay function prior to expected rain events resulting in enough rainfall to constitute a watering schedule and must notify the City. After a rain event the water must remain off for a minimum of 48 hours, after such time it is the responsibility of the contractor to verify the rain delay function is off and the normal irrigation schedule is back on and make any necessary adjustments to the irrigation controller to accommodate future watering needs and must notify the City. At no time ,
should backf
low device valves be turned off in lieu of turning off controller or utilizing rain delay function.

13. The contractor shall be responsible and liable for any damages to public or private property resulting from excessive irrigation water runoff. A deduction from the Contractor's monthly pay
ment can be made if repairs are not made in 72 hours of notification to the Contractor fro
m by the City.

14. The City will be responsible for backflow repairs and annual certification tests. Sites using recycled water require special training and certification of employees. Contractors must possess this certification in order to comply with recycled water regulations. Copies of certificates to handle recycled water must be submitted along with the five copies of the overall work schedule.

15. Prior to the approval of the first monthly invoice, the Contractor shall submit to the City an irrigation schedule which will include the following information:
• Controller identification
• Start time for each controller station
• Days programmed to water
• Station numbers
• Cycle time for each station
• Total time for each station per day

16. The City will be notified of any changes in the irrigation schedule within 72 hours of said change. Any modification to this irrigation schedule reporting requirement will require approval from the City.

G. REMOVAL OF TRASH AND DEBRIS

1. Contractor shall be responsible for landscape areas within the specific maintenance area to be cleaned and to be kept free of debris, not limited to, the following: bottles, cans , paper
, cardboard, private advertisement signs, metallic items, undesirable materials, and trash on a bi-weekly basis.

2. Promptly after the mowing, trimming, raking, weeding, edging, and other work required under this contract, the Contractor shall remove all debris generated by the performance of the work.

3. Promptly after working in the areas of public walks, driveways, or paved areas, areasshall be cleaned to be
free of clippings and other debris.

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4. Litter must be removed at a minimum of one time per week, typically Mondays for the following main thoroughfares at high traffic landscape areas:
• B roadway.......................................
• Center CityParkway.........................
• Valley Parkway (East & West).............
• El Norte Parkway..............................
• Washington Ave...............................
• Via RanchoParkway.........................

H. WEED CONTROL
Zone 6, 16, 19
Zone 13
Zone 18, 28
Zone 8, 17, 21, 25, 27, 33
Zone 15, 32, 38
Zone 1

1. Contractor shall be responsible for all landscape areas within the specified maintenance area
to be kept free of weeds on a bi-weekly basis. The cost of herbicides and applicat ion labo
r is the responsibility of the contractor.

2. All work involving the transport and use of herbicides shall be in compliance with al l Federal
, State, County, and local laws. The Contractor shall possess all valid State and County licenses and permits required to transport and for application operations.

3. Contractor shall apply pre and post emergent systemic herbicide as needed or by the request of the City at no additional charge. Preventive and post weed control is the respons
ibility of the Contractor. Any pre and post emergent herbicide used will be cons
idered a weed management tool.

4. Spot treat or mechanically remove weeds as necessary. Hand weeding or spottr eatment of
areas shall be controlled by hand or mechanical methods. However, manual weed control shall not be substituted for herbicideapplications.

5. Contractor shall submit in writing to the City prior to the application of any herbicide and must be approved by the City. Such authorization shall depend upon the Contractor's submission to the City the information outlined below:
• Date and approximate time
• Location Zone #
• Product label info with any applicable Material Data Safety Data Sheets • Manufacturer's recommended rates

6. Turf areas shall be weed free and shall be treated as follows:
• Between January 15 and February 15, a pre-emergent crabgrass control shall be applied to all turf areas.
• Twice per year, in December and June, a broad spectrum fungicide shall be appl
ied at the manufacturer's recommended coverage rate.
• Contractor shall submit in writing to the City prior to the application and must be approved by
the City.

7. All noxious plant materials such as, but not limited to, poison oak, shall be removed immediately by an approved method. Weeds and plant material removed shall be
di
sposed by the Contractor off-site.

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8. The Contractor shall possess a valid Qualified Applicator License issued by the State of California and be registered with the San Diego County Agricultural Commissioner' s Of
fice. A Qualified Applicator License is required to apply restricted materials. It is the responsibility of the contractor to possess the correct necessary licenses to apply the effective product.

I. MAINTENANCE OF SHRUBS. VINES. PERENNIALS. XERISCAPE. AND GROUND COVERS

1. The Contractor shall be responsible for the maintenance of all shrubs and groundcover, lea
f litter in the work area to maintain plants in ahealthy, growing condition bi-weekly.

2. Planter areas shall remain weed free. Weeds, grasses, and invasive plant species, as iden
tified by the City, shall be removed from planter areas no later than a week after being identified.

3. Shrubs shall be pruned monthly, or as often as necessary, to provide a neat and shapely appearance. Pruning shall not be excessive and methods shall provide a natural shape.

Shrubs shall be maintained at a height no greater than 36" from top of curb at designated areas to allow for traffic safety.

4. All pruning shall be accomplished in a manner, which will permit the plants to gr ow natu
rally in accordance with their normal growth characteristics. Shearing or severe pruning of plants will not be permitted unless directed by the City. Dead or damaged limbs or branches shall be removed immediately and all pruning cuts shall be made cleanly wi th
sharp
pruning tools, with no projections or stubs remaining.

5. All groundcover shall be edged as needed but not to exceed three inches to preven t overg
rowth on curb or sidewalk line. All plant growth shall be prevented from entering onto walkways,
roadways, hard surface areas, and along fences and walls. Edging by chemical methods around t
rees, shrubs and along fence lines is approved as long as it does no t adverse
ly affect adjacent private landscaping.

6. All native and/or perennial plants shall be maintained to display natural growth habits and structure. Dead and woody plant material shall be removed by select pruning as needed in order to preserve the aesthetic value of the plant. Aggressive cut back trimming or "dead heading" to increase density and promote plant health shall be performed with written City approval no less than once annually, or more frequently as determined by the City.

7. Vegetation shall be trimmed back from all utility boxes, controller enclosures, valve boxes, quick couplers, and back flow devices. Vegetation shall not encroach onto sidewalks, curb and gutters, decomposed granite paths, private property, or roadways. Vegetation al ong wal
ls shall be trimmed back a minimum of 18 inches away from wall. Vegetation shall not grow up trees or structures. Pruning for sight visibility clearance maybe required at any time and shall be expedited in order to address potential safetyconcerns.

8. Vines shall be trimmed close to walls to maintain a neat appearance. Vines sha ll be t
rimmed in order to maintain control and to prevent them from creping over walls. Vines shal
l be checked and secured with appropriate ties as necessary. When necessary, appropr
iate stakes and /or supports shall be utilized to promote directional growth. The Resolution No. 2026-52
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height of vines shall be maintained typically with in six inches of the top of the wall. Vines shall not be allowed to encroach onto trees.

9. Contractor shall knock down, fill holes, knock down and grade gopher mounds.

J. TREE MAINTENANCE

1. All trees shall be maintained in their natural shapes. Tree maintenance shall be done according to the International Society of Arboriculture (ISA) standards and the standards and practices acceptable to the City.

2. The Contractor shall be responsible for the maintenance and upkeep of the trees wi thin designa
ted medians, parkways, planters, trail areas and slopes as provided. Contacto r shal
l maintain a minimum vertical clearance area of eight feet under all trees and shall be limited to removal and disposal of any dead and/or broken branches, limbs that obstruct the right of way or present a potential hazard and any sucker growth located in or on the t
ree. Guidelines are furnished below:
a. Removal of dead, damaged or diseased parts.
b. Removal of water sprouts and suckers as they develop. c. Shape and form shall include lifting of low tree branches to preventhazards. d. Young trees shall be thinned and shaped as needed to promote a strong healthy structure.
e. Mature trees and those in excess of 20 feet in height shall be pruned and trimmed up to 14 feet in order to maintain a cleanappearance.
f. Tree work shall be done with clean sharp tools. Cuts shall be made parallel with the collar but close enough to allow cambium growth around wound, perISA standards. g. Median trees shall have no branches lower than 14 feet from top of curb, or as direct ed by
the City to provide proper line of sight for traffic movement. h. Trees along sidewalk or trail pathway shall have a minimum vertical clearance area of eight feet under all trees for pedestrian path of travel. i. Trees along trail pathway with equestrian traffic shall have no branches lower than 14 feet from ground, or as directed by the City to provide vehicle and equestrian traffic.

Lower branching may be appropriate for trees in background away from trail pathway. j. Where necessary, as determined by the City, Contactor shall provide and post no parking signs 48 hours in advance of tree work, except when emergency work is necessary.
k. Tree Work above 14 feet shall be considered extra work and may be contracted out to
t
ree trimming companies if necessary.

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I. Contractor shall maintain at their own expense all tree supports and stakes to allow for trees to grow in erect and upright manner.
m. Tree supports shall be adjusted as necessary to conform with the caliber of the trun k t
o which it is attached. The Contractor shall remove or loosen any and all stakes and/or ties whenever girdling is causing damage to the trunk. Tree supports and stakes shall be inspect
ed and removed when the tree has outgrown its support or as determi ned by
the City.
n. Contractor shall inspect all tree wells and remove any broken or unnecessary stakes that create a hazards condition to the public.
o. Trees lost from the Contractor's negligence shall be removed and replaced by t he Cont
ractor with a like size and species at no cost to the City.

K. TURF MOWING. EDGING and CHANNEL MAINTENANCE

1. Contractor shall be responsible for turf maintenance in the work area to maintain turf in a healthy, growing condition. Contractor shall be responsible for mowing, edging, trimming, fertilization and weed mitigation.

2. Mowing equipment shall be a power driven reel-type with rollers or a rotary-type deck mower and shall be configured so that the outer edges of the mower blades are covered with protective guards in accordance with manufacturer's design specifications. Mowing activity shall leave no signs of visible clippings on turf and shall be in alternating patterns.

Blades shall be kept sharp at all times.

3. Mowing operations shall be scheduled Monday through Friday and shall be performedon the same day each week.

4. Turf areas shall be mowed per the following schedule:
• March thru November............ Weekly (total of 38 mowings) • December thru February.........Every two weeks (total of 7 mowings)

5. Mowing height shall be determined by the turf type, time of year, and in agreement with the City. Recommended guidelines are furnished below:
• Minimum mowed turf height shall be 2.5" - 3" from March thruNovember • Minimum mowed turf height shall be 2.0" - 2.5" from December thru February

6. Do not mow areas during rain events. Contractor shall adjust their work force in order to accomplish those activities that are not affected by weather. Contractor shall notify the City of all mowing missed due to inclement weather or ground conditions from su ch
w
eather shall be rescheduled and completed within three working days, weather permitting.

7. Turf areas shall be inspected for all potential hazards such as holes, gopher mounds, rocks, glass, nails, or other debris prior to and after each mowing. All hazardous material shall be immediately removed by contractor. Contractor shall fill holes, knock down and grade gopher mounds.

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8. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located with in the turf areas such as irrigation heads, irrigation valve boxes, quick couplers boxes, electrical boxes or fixtures.

9. The Contractor shall be responsible for edging all turf grass areas. All turf grass shall be edg
ed along sidewalks, walls, fences, planters, rocks, paved and hard surface areas, irrigation related boxes, sprinkler heads and other features concurrently with the mowing operation at each location.

10. Sprinkler heads shall be kept free of grass and any debris to allow for proper operation and coverage.

11. Curbs, gutters, walkways, and all hardscape areas shall be cleaned free of accumulated grass clipping upon completion of each mowing operation. Grass clippings shall not be left on any area overnight.

The following areas have specific mowing/maintenance requirements as noted.

12. LMD Zone 9- LAUREL VALLEY
Mowing frequency shall be mowed per the following schedule:
• Area A (Turf grass): Follow specifications in Section K. • Area B (Plateau grass): Once a month.
• Area C (Slope areas): Shall be weed whipped once a month. • Area D (Groundcover slope areas): Follow specification in Section I.

13. LMD Zone 11 - PARKWOOD
a. The open space areas identified as lots 40, 88A, 888, 130, 225, and 262 shall be mowed per the following turf schedule:
• March thru November.......... Every two weeks (total of 20 mowings) • December thru February...... One time per month (total of 3 mowings) b. The storm drain channels up to the main channel crossing at Conway Driv e shall be k
ept clean of all debris, sedimentation and unwanted vegetation. c. Contractor shall be responsible for performing weed abatement channel maintenance by weed whipping a minimum of once a month or as needed to maintain a weed free condition.
d. The open space areas identified as lots 60 and 169 that contain Eucalyptus groves shall be mowed per the following annual grasses and weeds schedule:
• Twice during the year at a time specified by the City. This normally will occur during the early Spring and early Summer months.

14. LMD Zone 12- REIDY CREEK
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Reed Arundo
a. All culverts, drains, outlets in the Reidy Creel Environmental Channel shall be kept clean of all litter and debris. Plant material, such as cattails, woody plants, and grasses that impede water flow will be removed from culverts and drains. b. All groundcover and slope areas starting from creek line to property line in the Reidy Creek environmental channel shall be mowed nine times per year. The actual schedule for these mowings will be coordinated with the City. c. Invasive plant species treatments shall be considered to be extra work may be performed by the Contractor at the discretion and approved by the City, City forces, or by competitive bid at the sole discretion of the City. Invasive plant species treatments shall occur three times a year, but can vary depending on invasive plant growth rate s.

T
ypically, treatments shall occur per the following schedule:
• March
• June
• September
d. The treatment will consist of treating or removing the following:
• Mexican Flam Palm(Washingtonia and Phoenix spp.)resprouts and seedlings • Yellow Flag Iris(Iris pseudacorus) resprouts
• Giant Reed (Arundo donax) resprouts
• Castor Bean (Ricinus communis)
• Eurasian Blackberry (Rubus arrneniacus)
• Japanese Honeysuckle(Fallopiajaponica)
e. The Contractor shall possess a valid Qualified Applicator License issued by the State of California and be registered with the San Diego County Agricultural Commissioner's Office. It is the responsibility of the contractor to possess the correct necessary licenses to apply the effective product.
f. Contractor shall use a chemical treatment that is aquatic safe and the followi ng r
ecommendations are below:

Herbicide Treatment a uatic safe

15. LMD Zone 19- BROOKSIDE I and BROOKSIDE 11
a. Turf areas shall be mowed per the following schedule:
• January thru December.......... Weekly (total of 52 mowings) • Edging along sidewalks, walls, fences, planters, rocks, paved and hard surfaces, and other features shall be done each time the turf grass is mowed.

L. TRAIL DECOMPOSED GRANITE {DG) WALKWAY, PET WASTE RECEPTACLE

MAINTENANCE
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1. Trail and DG walkways shall be clean and free from debris and weeds on a bi-weekl y basis.

2. Contractor shall apply pre and post emergent systemic herbicide as needed or by the request of the City at no additional charge. Preventive and post weed control is the responsibility of the Contractor. Any pre and post emergent herbicide used w ill be consider
ed a weed management tool.

3. Spot treat or mechanically remove weeds as necessary. Hand weeding or spot treatment o
f areas shall be controlled by hand or mechanical methods. However, manual weed control shall not be substituted for herbicide applications.

4. Contractor will perform regular maintenance to maintain a safe and level grade on all DG
walkways, and will rake the DG walkways in accordance to maintain a safe and level grade, including following all inclement weather conditions. Contractor shall notify the City of dates of planned maintenance in advance.

5. Any patching or replacement of DG due to conditions or circumstances beyond the Cont
ractor's control shall be replaced at City expense by the Contractor after approval by the City. DG material shall be of like kind to existing. An approved stabilizer product will be used in order to maintain a compact and uniform surface.

6. Contractor shall empty pet waste receptacles and replace can liners a minimum of three times a week: Monday, Wednesday, and Friday. Liners shall be provided by the contractor and be
commercial grade (heavy duty), black in color, with a minimum 1.5 Mil thickness or better to contain waste without tearing.

M. STORM WATER STRUCTURAL BMPs (SWALES, V-DITCH, DRAINS AND BASINS (DEBRIS, RETENTION, DETENTION, AND CATCH BASINS)}

1. Contractor shall maintain all storm water structural BMPs (swales, V-ditch, drains, and basins) in specified maintenance area as part of their regular maintenance to insure operable flow. Operations shall insure that swales and drains are maintained free of sand, mud, rocks, and miscellaneous debris so that water will have unimpeded passage to its
out
let.

2. Drains, V-ditches, grates, and/or collection boxes shall be inspected and cleaned, cleared of all debris as needed.

3. Debris basins, retention basins, and detention basins shall be kept clear of all debris, including but not limited to leaf litter, trash, and tree branches. Contractor shall string trim or mow the bottom of all basins as part of their regular maintenance. Contractor shall remove all trimmings.

4. Contractor shall maintain all tree, shrub, and ground cover areas, including accompanying ir
rigation systems with in all debris basins, retention basins, and detention basins as described herein.

5. City will perform a mandatory annual inspection and certification to verify regular maintenance each year, typically prior to the rainy season after October.

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N. DISEASE AND PEST CONTROL

1. The Contractor shall regularly inspect all pl ants for presence of pest, disease or insect infestation.

2. The Contractor shall advise the City of disease or infestation and specify control measures to be taken. Upon approval, the Contractor shall implement the approved control measures exercising extreme caution in the application of spray material, dusts, or othe r
m
aterials utilized. This work will be considered an extra and may be billed as such with prior approval of the cost by the City.

3. All work involving the transport and use of pesticide and insecticide shall be in compliance wit
h all Federal, State, County, and local laws. The Contractor shall possess all valid State and County licenses and permits required to transport and for application operations.

4. The Contractor shall utilize all safeguards necessary during disease or insect control operations to ensure the safety of the public and employees of the Contractor. Care shall
be t
aken that no puddles or pools of water that contain chemical residue remain after completion of applications of any harmful chemicals. Also, no permanent ster ilant chem
icals shall be used. No chemicals shall st ain or cause to stain any concrete, bric k, boulder
s, rocks, pavement, controllers, or landscape plant material, or cause damage to same. As previously noted, the Contractor shall hold the City harmless for any damage and will repair or replace, as applicable, any damage caused by the use of chemicals.

5. The Contractor shall possess a valid Qualified Applicator License issued by the State of California and be registered with the San Diego County Agricultural Commissioner's Office. A Qualified Applicator License is required to apply restricted materials. It is t he r
esponsibility of the contractor to possess the correct necessary licenses to apply th e e
ffective product. Example: for the gas type method of treatment for gophers, Aluminum Phosphide is a restricted product, the correct license would be required to apply th is pr
oduct.

0. REPLACEMENT OF PLANT MATERIAL

1. The Contractor shall replace at the Contractor's cost any tree, shrub, or ground cove r plant, which is damaged or lost as a result of faulty maintenance. Dead plant material must be reported to the City within 72 hours. The plant must be removed and replaced within seven days after City's approval of the work.

2. Any plant damaged or lost by conditions or circumstances beyond the Contractor's control shall be replaced at City expense by the Contractor after approval by the City.

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

P. FERTILIZATION
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1. Contractor shall be responsible for fertilization in all landscape areas within thespecified maintenance area. The cost of fertilizer and application labor is the responsibility of the cont
ractor.

2. One month prior to scheduled fertilization, Contractor shall notify the City in writing of application date, location, fertilizer formula to be applied and amount applied for each location. The contractor shall provide invoices or other documentation to verify fertilizer quantity purchased.

3. Turf fertilization schedule shall be accomplished three times a year with the foll owing fo
rmula and intervals:

Type and Source
3-1-2 Commercial
Time of Year
April, August, October

4. Planter area fertilization schedule shall be accomplished three times a year with the following formula and intervals:

Type and Source
1-1-1 Commercial
Time of Year
April, August, October

5. Fertilizer shall be delivered to the site in the original unopened container, bearing the manufacture
r's guaranteed analysis. Any fertilizer that becomes caked or damaged, making it unsuitable for use, will not be accepted. Fertilizer shall be evenly broadcast at the
rate recommended on the manufacturer's label. Immediately following application at each site, the fertilizer shall be thoroughly watered into the soil.

Q. DISPOSAL AND RECYLING RESPONSIBILITY

1. In compliance with the Escondido Municipal Code (Chapter 14, Section 5) and state law (SB
1383) require residents, contractors and/or business owners to recycle organic waste, which includes landscape materials, food waste, food-soiled paper, and untreated wood.

2. Contractor is responsible for properly disposing and recycling green waste including but not
limited to: grass clippings, brush, weeds, hedge trimmings, leaves, palm fronds, non- hazardous wood, like branches, untreated wood, and clean wood with either the City's franchised waste hauler or by self-hauling to an authorized recyclingfacility.

3. Contractor shall submit documentation such as copies of green waste weight tickets wi th monthly
maintenance invoicing.

R. PERFORMANCE DURING INCLEMENT WEATHER

1. During periods when inclement weather hinders normal operations, the Contractor shall adjust their workforce in order to accomplish other maintenance tasks that are not affected by
weather. Contractor shall reschedule and complete all maintenance tasks that were not
completed on the next available day that weather conditions permit suchactivities.

2. Failure to adjust the work force and demonstrate that adequate progress has been completed, or failure to reschedule maintenance tasks, shall result in deduct ion of payment.

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S. INSPECTIONS AND MEETINGS

1. The City shall conduct regularly scheduled insp ections of the zones. Inspection reports depicting any and all deficiencies will be shared with the Contractor as they arise. The Contractor shall correct discrepancies and deficiencies within three days of the date of notice by the City.

2. Monthly meetings will be scheduled between the City and the Contractor to discuss the overall maintenance services, including, but not limited to: landscape condition, plant health, watering schedules, presence of weeds, litter and debris, fertilization, pesticide use and pr
ogram, and mowing schedules.

T. FAILURE TO PERFORM SATISFACTORILY

1. The City may deduct from the Contractor's monthly payment for instances where the Contractor has failed to meet the work schedule and/or provide the required serv ices.

2. The City will contact the Contractor by email or letter stating there has been a violation in t
he contracted work schedule and/or a failure to meet maintenance standards. The City will give the Contractor three days to make the correction unless additional time is approved by the City. Failure to make the correction may result in a deduction in payment equal to weekly cost breakdown from contractor's monthly rate for the zone.

3. The City will notify the Contractor prior to any deductions to allow for explanations.

Subsequent violations may result in the City terminating the contract.

U. EMERGENCY CALLS

1. The Contractor shall have the capability to receive and to respond immediately to call of an emergency nature during normal working hours of 7 a.m. to 6 p.m. and after hours.

2. Contractor shall provide a 24-hour emergency contact person, who is familiar with the City's maintenance operation with phone number (not an answering service) for outside of normal working hours, including weekends and holidays.

3. During an after-hours emergency situation, the Contractor shall provide on-the-job response time of no more than one hour maximum upon notification by the City.

V. PERSONNEL, VEHICLE, TRAINING, LICENSE, AND PERMITREQUIREMENTS

1. The Contractor must have a C-27 license.

2. The Contractor shall possess a valid Qualified Applicator License issued by the State of California and be registered with the San Diego County Agricultural Commissioner's Office.

3. The Contractor shall furnish five copies of the appropriate documentation and employ ee t
raining certifications in the following areas:
• Recycled Water
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• Annual Pesticide Handler Training
• Traffic Safety
• Specialized Equipment - Motorized equipment, riding mower, push mower, string t
rimmer, chainsaw, hand tools, etc.

4. The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing, on schedule and to the satisfaction of the City, all work required under this contract during normal working hours and after hours.

5. The Contractor shall have competent supervisors, and/or foremen, who may be workin g super
visors, who are capable of discussing in English matters pertaining to this contract.

Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensure accomplishment of maintenance staff.

6. All such personnel shall be physically able to do their assigned work. The Contractor and his/her employees shall conduct themselves in a proper and efficient manner at all times and shall cause the least possible annoyance to the public. They shall be fully clothed in suitable uniform attire with a company-identifying marker.

7. The City shall require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interests of the City of Escondido.

8. Contractor shall clearly identify each vehicle and equipment including but not limited to :
r
ide on mowers, tractors, trailers) with company decals on exterior right and left door panels, identifying the Contractor's name and phone number.

W. DAMAGE, VANDALISM, THEFT, AND GRAFFITI

1. The City shall be notified immediately by the Contractor in regards to any acts of damage, vandalism, theft, graffiti, or circumstances beyond the control of Contractor to City landscaping, irrigation system, or other improvements observed or found by the Contractor, regardless of the cause.

2. Contractor shall prepare a written report within one (1) business day with the followi ng inf
ormation, but not limited to:
• Description of the location,
• Date and time observed,
• ltem(s) or components(s) damaged or stolen,
• Photo documentation

3. The City will verify the circumstances of the damage and pending approval, will reimburse the Contractor upon receipt of an approved invoice from the Contractor itemizing the labor
and m
aterials involved. Compensation for materials shall be the wholesale cost of just replacement item(s) (not including sales taxes) plus fifteen percent (15%) for the Contractor's cost of handling.

X. TRAFFIC CONTROL
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1. Contractor shall obtain an annual City Encroachment Permit and adhere to such conditions.

2. The Contractor will be responsible for providing and employing approved traffic contro l methods establ
ished for the conditions under which the Contractor is working, i.e. parkways and medians.

Y. EXTRA WORK

1. The Contractor shall not have the exclusive right to perform extra work. Extr a work may be
performed by the Contractor at the discretion and approved by the City, Cityforces, or by competitive bid at the sole discretion of the City.

2. Extra work outside the performance requirements such as, but not limited to: irrigat ion repa
ir, shrub and tree planting, renovation, and improvement, shall be required on occas
ion.

3. Contractor shall provide before and after photos of extra work at no additional costs.

4. The costs for such extra work shall be based on material and labor costs and shall be agreed to in a written proposal prior to commencement of said extra work. Only those ext
ra work items approved in writing on City Work Order from or other form approved by the
City, prior to the star of work, shall be considered forpayment.

5. The City will reimburse the Contractor upon receipt of an approved invoice fr om the Contrac
tor itemizing the labor and materials involved. Compensation for materials shal l be
the contractor's whole cost the item(s), plus 15% for the Contractor's cost of handling (including drive time).

6. Extra work invoices shall indicate the zone number and location, date of repair request, date of completed repair, valve number and location (if necessary), labor and material costs, copy of contractor materials invoice(s), and before and after photos of work.

7. Extra work invoices shall be invoiced separately from the monthly maintenance invoice.

Z. PAYMENT TERMS. REPORTING AND INVOICING REQUIREMENTS

1. The Contractor shall be paid monthly for work performed satisfactorily under this contract.

2. At the completion of each month, the Contractor shall submit as part of their monthly maintenance
invoice the following items:
• Monthly Maintenance Completion Report, detailing work completed dates and type of work completed.
• Next month Maintenance Schedule, detailing scheduled dates and type of work report of maintenance performed.
• Bi-weekly Irrigation Reports per zone.
• Monthly disposal and recycling documents.
• These reports shall be accompanied by a billing in accordance with the contract price for the work performed and shall become the basis for payment.

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Makelele Unit Price List
Date: 04 March 2026
Proposal No.: n/a
Project Name: City of Escondido General Services Pricing Sheet Project Location: LMD Zones
Project Owner: City of Escondido
Admin Reference: TBD
Scope Reference: TBD
Service Type Description Unit of Measure Material Sum $$ Labor Sum $$ Combined Total $$ Irrigation Repair 1804-SAM-PRS Per Unit $14.50 $30.00 $44.50 Irrigation Repair 1806-SAM-PRS Per Unit $22.50 $30.00 $52.50 Irrigation Repair 1812-SAM-PRS Per Unit $26.50 $30.00 $56.50 Irrigation Repair Nozzle with MP Rotator Per Unit $7.50 $25.00 $32.50 Irrigation Repair Replace Shrub Rotator (RainBid 5000S or equal) Per Unit $15.00 $25.00 $40.00 Irrigation Repair Replace 6" Rotor (RainBid 5006 SAM or equal) Per Unit $20.00 $30.00 $50.00 Irrigation Repair Replace 12" Rotor (RainBid 5012 SAM or equal) Per Unit $23.00 $35.00 $58.00 Irrigation Repair Replace 1" In-Line plastic remote control valve Per Unit $95.00 $175.00 $270.00 Irrigation Repair Replace 1.5" In-Line plastic remote control valve Per Unit $135.00 $240.00 $375.00 Irrigation Repair Replace 2" In-Line plastic remote control valve Per Unit $195.00 $300.00 $495.00 Enhancement Furnish and install one cubic yard of shredded mulch (standard) Cubic Yard $20.00 $60.00 $80.00 Enhancement Install one cubic yard of shredded mulch only Cubic Yard $0.00 $60.00 $60.00 Enhancement Furnish and install one cubit yard of premium mulch (gorilla hair or equal)
Cubic Yard $100.00 $60.00 $160.00
Enhancement Furnish and install one cubic yard of bark Cubic Yard $35.00 $60.00 $95.00 New Planting Furnish and install 36" box tree with stakes, ties and amendments (standard / single)
Per Unit $1,195.00 $475.00 $1,670.00
New Planting Furnish and install 24" box tree with stakes, ties and amendments (standard / single)
Per Unit $275.00 $140.00 $415.00
New Planting Furnish and install 24" box tree with stakes, ties and amendments (premium / multi)
Per Unit $375.00 $140.00 $515.00
New Planting Furnish and install 15-gallon tree with stakes, ties and amendments (standard / single)
Per Unit $155.00 $85.00 $240.00
New Planting Furnish and install 15-gallon tree with stakes, ties and amendments (premium / multi)
Per Unit $155.00 $85.00 $240.00
New Planting Furnish and install 15-gallon shrub with amendments Per Unit $120.00 $55.00 $175.00 New Planting Furnish and install 05-gallon shrub with amendments Per Unit $28.00 $40.00 $68.00 New Planting Furnish and install 01-gallon shrub with amendments Per Unit $12.00 $25.00 $37.00 New Planting Furnish and install 01 flat of groundcover and amendments Per Unit $42.00 $92.00 $134.00 Enhancement Stabilized California Gold - Desert Gold DG Cubic Yard $115.00 $140.00 $255.00 Enhancement Non-Stabilized California Gold - Desert Gold DG Cubic Yard $75.00 $140.00 $215.00 Enhancement 2x4x16 Redwood edging Per Unit $45.00 $100.00 $145.00 Makelele Systems Landscape & Maintenance, Inc.
760.208.8749 * CA. License No. 987557 * QAL No. 145564 (B + C) SOS Entity No. C3675404 * DIR No. 1000028415
City of SD SLBE No. 14MS1248 * SB (Micro - CA DGS) Cert No. 2012569 City of San Diego Business Tax Certificate No. B2015030954 Mailing Address: PO Box 2044, San Marcos, California 92079 [email protected]
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STAFF REPORT

June 24, 2026
File Number 0600-10; A-3598

SUBJECT

PUBLIC SERVICES AGREEMENT FOR SENIOR TRANSPORTATION

DEPARTMENT
Community Services Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-101 authorizing a Public Services Agreement with Full Access & Coordinated Transportation, Inc., dba Facilitating Access to Coordinated Transportation in the amount of $253,422 for transportation services for seniors to and from the Park Avenue Community Center to participate in the Senior Nutrition Program.

Staff Recommendation: Approval (Community Services: Joseph Goulart, Director of Public Works) Presenter: Nicole White, Community Services Manager
ESSENTIAL SERVICE – No
COUNCIL PRIORITY – Build Trust and Accountability; Financial Stewardship

FISCAL ANALYSIS
In April 2024, the City was awarded a County of San Diego Aging and Independent Services grant of $77,817 annually, with funding continuing through March 2028, to help offset contract costs to the General Fund.

PREVIOUS ACTION
On April 3, 2024, the City Council approved Resolution No. 2024-29, authorizing the Mayor to execute, on behalf of the City, an agreement (County Contract No. 570894) with the County of San Diego for the Older Californians Nutrition Program. This agreement provides transportation services for Escondido seniors to and from Park Avenue Community Center as part of the Senior Nutrition Program.

BACKGROUND
The City has offered the Senior Nutrition and Transportation Program for over 40 years. Escondido seniors, who are faced with food scarcity and economic challenges, find it difficult to make ends meet on a fixed income. The transportation and meal services offered through the Senior Nutrition and Transportation 153
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Program present a solution for Escondido seniors to access good nutrition and combat isolation in a positive environment. As a result of this service, the senior community can continue t o be an active participant in the City’s economic and civic growth.

In 2022, a Public Services Agreement was executed with Full Access & Coordinated Transportation, Inc., dba Facilitating Access to Coordinated Transportation (“FACT”) to transport seniors to and from the Park Avenue Community Center for nutritional senior meal service . The term of the agreement was for one year, with three additional one-year option periods.

The term of the agreement is ending. A Request for Proposals (“RFP”) was issued by City staff in May 2026.

Two proposals were received. After reviewing the proposal, FACT was determined to be the only responsive bidder and its proposal fulfills the service needs. Therefore, staff is recommending the contract be awarded to FACT.

The cost of the first year of the agreement will be $253,422. This agreement is for three years with two optional one-year renewal periods at a rate not to exceed 5% of the preceding agreement period.

RESOLUTIONS
a. Resolution No. 2026-101
b. Resolution No. 2026-101—Exhibit “A”—Public Service Agreement with FACT

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RESOLUTION NO. 2026-101

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A PUBLIC

SERVICES AGREEMENT WITH FULL ACCESS &
COORDINATED TRANSPORTATION, INC. DBA

FACILITATING ACCESS TO COORDINATED

TRANSPORTATION

WHEREAS, the City of Escondido (“City”) is a Live Well San Diego partner and recognizes the importance of providing older adults with access to nutritious meals and transportation services in a congregate setting to improve health outcomes and reduce social isolation; and WHEREAS, the City desires to support the Older Californians Nutrition Program at the Park Avenue Community Center by ensuring reliable transportation services for participating seniors; and WHEREAS, Full Access & Coordinated Transportation, Inc. (“FACT”) has submitted a responsive and responsible proposal to provide specialized senior transportation services; and WHEREAS, the City Council finds that entering into a Public Service Agreement (“Agreement”) with FACT to provide transportation services for older adults traveling to and from the Park Avenue Community Center supports the successful implementation of the nutrition program; and WHEREAS, the City Council deems it to be in the best pu blic interest to approve the Agreement to provide transportation services that facilitate access to nutritionally balanced meals and critical social services for Escondido seniors.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondi do, California , as follows:
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1. That the above recitations are true.

2. That the City Council authorizes the Mayor to execute, on behalf of the City, the Agreement for senior transportation services attached as Exhibit “A” in substantially similar form as a pproved by the City Attorney.

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Public Services Agreement (v2) - 1 - CAO: 2/16/2023

CITY OF ESCONDIDO

PUBLIC SERVICES AGREEMENT
This Public Services 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: Nicole White
760-839-4534
("CITY")

And: Full Access & Coordinated Transportation, Inc. a California nonprofit corporation
dba Facilitating Access to Coordinated Transportation (FACT) 516 Civic Center Drive
Oceanside, CA 92054
Attn: Arun Prem
760-754-1252
("CONTRACTOR").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties desire to enter into this Agreement for the performance of the Services described herein.

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

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

2. Compensation. In exchange for CONTRACTOR’s completion of the Services, the CITY shall pay, and CONTRACTOR sha ll accept in full, an amount not to exceed the sum of $655,342.

CONTRACTOR shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY’s prior written consent. If this Agreement is amended at any time, additional compensation of CONTRACTOR contained in any subsequent amendments shall not exceed a cumulative total of 25% of the maximum payment provided for in this Section 2, unless approved by resolution of the City Council.
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3. Performance. CONTRACTOR shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement. CONTRACTOR shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other information furnished by CONTRACTOR pursuant to this Agreement, except that CONTRACTOR shall not be responsible for the accuracy of information supplied by the CITY.

4. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONTRACTOR with 10 days’ advance written notice. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONTRACTOR, then CONTRACTOR shall be compensated based on the work satisfactorily performed at the time of such termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the Services.

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

6. Insurance Requirements.
a. CONTRACTOR shall pro cure and maintain , at its own cost, during the entire term of this Agreement, insurance against claims for injuries to 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 CONTRACTOR, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:
(1) Commercial General Liability. Insurance Services Office (“ISO”) Form CG 00 01 covering Commercial General Liability on an “occurrence” basis, including products and completed operations, property damage, b odily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate. (2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non -owned autos (Code 9), with limit s no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY’s Risk and Safety Division. (3) Workers’ Compensation. Worker's Compensation as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit s of no less than $1,000,000 per accident for bodily injury or disease.
(4) If CONTRACTOR maintains broader coverage and/ or higher limits than the minimums otherwise required by this Agreement , the CITY requires and shall be entit led to the broader coverage and/or the higher limits maintained by CONTRACTOR. b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:
(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current A.M. Best’s rating of no less than A-: FSC VII, or as approved by the CITY.
(2) Additional Insured Status . Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 10 11 85, or if not available, through the 158
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addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobil e Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Primary Coverage. CONTRACTOR’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it. (4) Notice of Cancellation . Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONTRACTOR shall r equire and verify that all subcontractors maintain insurance meeting all the requirements stated in this Agreement, and CONTRACTOR shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be nec essary 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 CONTRACTOR, its agents, representatives, employees and subcontractors.
(7) Self-Insurance. CONTRACTOR may, with the CITY’s prior written consent, fulfill some or all of the i nsurance requirements contained in this Agreement under a plan of self - insurance. CONTRACTOR shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONTRACTOR’s (i) net worth and (ii) reserves for payment of claims of liability against CONTRACTOR are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONTRACTOR’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY with original Certificates of Insu rance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right , at any point during 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 CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification. f. Failure to comply with any of the insurance requirements in this Agreement, including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall 159
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be a material breach of this Agreement . In the event that CONTRACTOR 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 CONTRACTOR to stop work under this Agreement and/or withhold any payment that becomes due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

7. Indemnification, Duty to Defend, and Hold Harmless.
a. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind), suits, fines, penalt ies, 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 (collect ively, “Claims”), of every nature caused by, arising out of, or in connection with CONTRACTOR’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the sole negligence or willful misconduct of the CITY. b. CONTRACTOR (including CONTRACTOR’s agents, employees, and subcontractors, if any) shall defend, indemnify, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No.

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

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

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

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

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

12. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONTRACTOR concerning the subject of this A greement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise provided herein. In the event of any conflict between the provisions of this Agreement and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail. 160
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13. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.

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

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

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

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

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

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

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

21. Prevailing Wages . If applicable, pursuant to California Labor Code section 1770 et seq. , CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes , codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The prevailing rate and scale to be paid shall be the same as 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 CONTRACTOR to comply with this section.

22. Immigration Reform and Control Act of 1986. CONTRACTOR shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONTRACTOR represents and warrants that all of its employees and the employees of any subcontractor retained by CONTRACTOR who perform any of the Services under th is Agreement, are and will be 161
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authorized to perform the Services in full compliance with the IRCA. CONTRACTOR 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 days of employment and that only employees legally eligible to work in the United States will perform the Services. CONTRACTOR agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.

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

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

CITY OF ESCONDIDO

Date: __________________ ___________________________________ Dane White, Mayor

FULL ACCESS & COORDINATED
TRANSPORTATION, INC.

Date: __________________ ___________________________________

ARUN PREM, CEO

Date: __________________ ___________________________________ Dave Roberts, Secretary

APPROVED AS TO FORM:

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

BY: __________________________

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

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ATTACHMENT “A”
Scope of Work
A. General

Facilitating Access & Coordinated Transportation, Inc., a California nonprofit corporation ("Contractor") will provide the City of Escondido, a California municipal corporation ("City") transportation for individuals over sixty -years of age ("Seniors") to and from the Park Avenue Community Center, home of the Escondido Senior Center, Monday through Friday, excluding recognized holidays.

B. Location

Contractor will provide services to and from the Park Avenue Community Center located at 21O E. Park Ave, Escondido, CA 92025, and eligible Senior residences within the approved service area.

C. Services

Contractor shall provide transportation services as follows:

1. Contractor shall provide curb-to-curb service to and from the Senior's home and the Park Avenue Community Center. Contractor will transport Seniors who live within the City of Escondido that have an Escondido address;

2. The City shall provide Contractor with a list of Seniors that have qualified to utiliz e the transportation services provided under this Fourth Amendment. The City shall provide Contractor with an updated list on a monthly basis or sooner as may be necessary.

Contractor shall contact Lina Ildefonso at 760 -839-4207, or designated representati ve for verification of any individual not listed to validate transportation service as needed;

3. Contractor shall use any combination of sedans and vans that are capable of transporting Seniors. Contractor shall pursue vendors with paratransit/ADA vehicles that will accommodate Seniors' mobility and accessibility needs (e.g. wheelchairs, walkers, scooters, etc.) and notify the City once acquired for use as a part of the service.

4. Contractor shall provide transportation services Monday through Friday, except on designated City holidays as described in Section D of this Scope of Work, as follows:

5. Contractor shall pick -up Seniors and drop them off at the Park Avenue Community Center between the hours of 8 a.m. and 11 a.m. ("Morning Drop Offs"); and

6. Contractor shall pick up Seniors from the Park Avenue Community Center and return them to their respective homes between the hours of 12 p.m. – 2:30 p.m. ("Return Service").

7. Contractor shall make appropriate accommodations for Seniors with mobility issues that may include but not limited to wheelchairs, walkers, and canes.

8. If Contractor sends a vehicle to provide Senior transportation services that is not able to accommodate the Senior's mobility assistive device (e.g. wheelchair, cane, scooter, or walker, after being given at least 24 hours' notice of the Senior's mobility assistive devise, then City will not be charged a late or cancellation fee. 164
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9. Contractor may allow rideshare opportunities amongst designated Senior participants of the City's transportation program. Ridesharing amongst individuals who are not Senior participants of the City's transportation program is strictly prohibited.

10. Contractor will provide the City with daily rider logs that include serviced Seniors' names and how many one-way trips each Senior was provided per day. These logs are due to the City no later 2 p.m. the following business day.

11. The City shall provide reservation requests via email for the week by 2 p.m. on Thursday of the preceding week. Updates may be provided throughout the remainder of the week up to 4 p.m. the day prior to the trip.

12. Contractor shall direct Seniors wishing to provide donations for transportation services to City staff for acceptance.

13. Contractor shall instruct drivers to provide Seniors with appropriate assistance in entering and exiting the driver's vehicle and as -needed assistance from the driver's vehicle to the Senior's residence.

D. Scheduling

Contractor will provide transportation services Monday through Friday, except for the following City-recognized holidays:

Friday, July 3, 2026 - Independence Day (observed)
Monday, September 7, 2026 - Labor Day
Wednesday, November 11, 2026 - Veterans' Day
Thursday, November 26, 2026 - Thanksgiving Day
Friday, November 27, 2026- Day After Thanksgiving
Friday, December 25, 2026 - Christmas Day
Friday, January 1, 2027 - New Year's Day
Monday, January 18, 2027- Martin Luther King Day
Monday, February 15, 2027 – Presidents’ Day
Monday, May 31, 2027 - Memorial Day

Inquiries relating to this Agreement shall be directed to Lina Ild efonso, [email protected], 760-839-4207.

E. Contract Price and Payment Terms

The contract price of this Agreement shall not exceed $655,342.$207,880 per year.

The contract price includes all labor, materials, equipment, and transportation required to perform the work. Services will be billed as services are performed based on the following rates, which shall remain firm throughout the term of this Agreement.

Service Rate
Transportation Services (ambulatory) $27.00
Transportation Services with ADA vehicles $32.00
Late Cancellation or No Show for Transportation Services Full one-way fare if cancelled within 1 hour of
scheduled pick-up.

Payment will be made after services have been performed and within 30 days of receipt of an invoice for those services.
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F. Term

The term of this Agreement shall be from the Effective Date of the Agreement through June 30, 2029 (“Initial Term”).

City and Contractor may agree to extend the Initial Term of this Agreement for two additional on year periods (“Renewal Periods”). Renewal Periods will require City and Contractor to enter into amendments of this Agreement pursuant to Section11 (Amendments) at least 60 days prior to the termination of the preceding term. Either party may, at that time, decline to extend this Agreement, and such declination would render the renewal option null and void.

The optional Renewal Periods will be subject to the following price increase terms:

A. Renewal Period 1 (July 2029 – June 2030) increase : Contractor stipulates that the cumulative total of Renewal Period 1 increases would not exceed 5% of the prices in effect at the end of the initial period.

B. Renewal Period 2 (July 2030 – June 2031) increase : Contractor stipulates that the cumulative total of Renewal Period 1 increases would not exceed 5% of the prices in effect at the end of the initial period.

G. Other

The services under this Agreement shall be provided in connection with the Senior Nutrition Transportation Program ("Program") which is partially funded by the County of San Diego ("County").

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

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

As a subcontractor of the City, Contractor acknowledges and agrees that it shall be subject to all clauses, restrictions, mandates, terms, requirements, and conditions of the Older Californian's Nutrition Program A greement between the County of San Diego and the City (referred to herein as "Contract No. 570894"), which is incorporated herein by this reference.

Contractor acknowledges that it has reviewed and shall comply with all applicable terms and requirements of Contract No. 570894 (herein incorporated by reference as Exhibit 1), including but not limited to Articles 3, 7, 8, 9, 10, 11, 12, 13, 14, 16, and section 4.16 of Article 4.

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STAFF REPORT

June 24, 2026
File Number 0600-10; A-3599

SUBJECT

PUBLIC SERVICES AGREEMENT EXTENSION FOR SENIOR NUTRITION

DEPARTMENT
Community Services

RECOMMENDATION
Request the City Council adopt Resolution No. 2026 -102 authorizing the Fifth Amendment to Public Services Agreement with HumanGood SoCal, dba Redwood Senior Homes and Services in the amount of $68,000 for preparation and delivery of Senior Nutrition Program meals to the Park Avenue Community Center.

Staff Recommendation: Approval (Community Services: Joseph Goulart, Director of Public Works) Presenter: Nicole White, Community Services Manager
ESSENTIAL SERVICE – No
COUNCIL PRIORITY –Build Trust and Accountability; Financial Stewardship

FISCAL ANALYSIS
In April 2024, the City was awarded a County of San Diego Aging and Independent Services grant of $215,910.20 annually, with funding continuing through March 2028, to help offset contract costs to the General Fund.

PREVIOUS ACTION
On June 22, 2022, the City Council adopted Resolution No. 2022-80 authorizing the Mayor, on behalf of the City, to execute a Public Services Agreement with HumanGood SoCal, dba Redwood Senior Homes and Services for preparation and delivery of Senior Nutrition Program meals to the Park Avenue Community Center.

On April 3, 2024, the City Council adopted Resolution No. 2024-29, authorizing the Mayor, on behalf of the City, to execute an agreement (County Contract No. 570894) with t he County of San Diego for the Older Californians Nutrition Program. This agreement provides nutrition services for Escondido seniors to and from Park Avenue Community Center.
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BACKGROUND
The City of Escondido has offered a Senior Nutrition Program for more than 40 years, providing nutritious meals and social engagement opportunities for older adults. Many seniors in the community face food insecurity and financial challenges due to fixed incomes. The program helps address these needs by providing consisten t access to nutritious meals and a welcoming environment that reduces social isolation.

The City recently conducted a Request for Proposals ( “RFP”) to identify a qualified vendor to provide senior meal preparation and delivery services for the next contract term. However, the RFP process did not yield enough responsive and qualified bids to allow staff to make a fully informed recommendation for a long-term award.

To ensure continuity of service while maintaining procurement integrity, staff recommends a short-term extension of the current agreement with HumanGood SoCal, dba Redwood Senior Homes and Services (“Redwood”) through September 30, 2026. Redwood has demonstrated experience and reliability in delivering these services under the existing agreement and can continue operations without disruption.

This extension will provide sufficient time for staff to:
 Research vendors utilized by other municipalities to identify additional qualified providers  Refine the scope of work
 Reissue the RFP to encourage broader and more competitive participation This extension ensures the continued delivery of reliable, high-quality nutrition services and a welcoming environment that supports the health, well -being, and social connection of Escondido’s senior community.

RESOLUTIONS
a. Resolution No. 2026-102
b. Resolution No. 2026-102—Exhibit “A”—Public Services Agreement

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RESOLUTION NO. 2026-102

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, THE FIFTH

AMENDMENT TO PUBLIC SERVICES AGREEMENT WITH

HUMANGOOD SOCAL, DBA REDWOOD SENIOR HOMES

AND SERVICES

WHEREAS, the City of Escondido (“City”) is a Live Well San Diego partner and recognizes the importance of providing older adults with access to nutritious meals in a congregate setting to improve health outcomes and reduce social isolation; and
WHEREAS, the City desires to support the Older Californians Nutrition Program at the Park Avenue Community Center by ensuring reliable meal service for participating seniors; and WHEREAS, the City conducted a Request for Proposals ( “RFP”) process to procure senior meal services; however, the RFP did not yield sufficient responsive and qualified proposals to support a long - term contract award; and
WHEREAS, on June 22, 2022, the City Council approved Resolution No. 2022-80 authorizing Public Services Agreement with HumanGood SoCal, dba Redwood Senior Homes and Services for preparation and delivery of Senior Nutrition Program meals to the Park Avenue Community Center.

WHEREAS, in order to ensure continuity of senior nutrition services while staff evaluates options and conducts additional outreach, it is necessary to extend the existing agreement with HumanGood SoCal, dba Redwood Senior Homes and Services on a short-term basis with the Fifth Amendment to Public Service Agreement with HumanGood SoCal (“Agreement”); and 169
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WHEREAS, it is deemed to be in the best public interest to approve an extension of the Agreement to continue to provide meal services for Escondido seniors.

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

1. That the above recitations are true.

2. That the City Council authorizes the Mayor to execute, on behalf of the City, the Agreement for senior transportation services attached as Exhibit “A” in substant ially similar form as approved by the City Attorney.

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CITY OF ESCONDIDO

FIFTH AMENDMENT TO PUBLIC SERVICES AGREEMENT

This fifth Amendment to Public Services Agreement (“fifth Amendment”) 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: Nicole White
760-839-4534
("CITY")

And: HumanGood SoCal
A California nonprofit corporation
710 W 13th Avenue
Escondido, CA 92025
Attn: Michael Kevorkian
760-747-4306
("CONTRACTOR ").
(The CITY and CONTRACTOR each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the Parties entered into that certain Public Services Agreement dated July 22, 2021, which was subsequently amended by a First Amendment dated July 27, 2022, and a Second Amendment dated August 7, 2023, which was subsequently amended by a Third Am endment dated August 5, 2024 and a Fourth Amendment dated July 5, 2025 (“Agreement”), wherein CITY retained CONTRACTOR to provide services for nutritionally balanced meals as part of the City’s Senior Nutrition Program, as more specifically described in the Agreement; and WHEREAS, the Parties desire to amend the Agreement to include additional services as described in “Attachment A” to this fifth Amendment, which is attached hereto and incorporated herein by this reference.

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

1. The CONTRACTOR will furnish all of the Services described in “Attachment A ” to this fifth 171
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Amendment.

2. The CITY will compensate the CONTRACTOR in an additional amount not to exceed the sum of $68,000, pursuant to the conditions contained in “Attachment A” to this fifth Amendment.

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

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

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

6. Unless a different date is provided in this fifth Amendment, the effective date of this fifth Amendment 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 fifth Amendment is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date: __________________ ____________________________________ Dane White, Mayor

Date: __________________ ___________________________________ Signature

___________________________________
Michael Kevorkian, Executive Director
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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