Agenda packet — Escondido City Council, September 16, 2026 (part 2 of 3)

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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.

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addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobil e Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Primary Coverage. CONTRACTOR’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self -insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONTRACTOR’s insurance and shall not contribute with it. (4) Notice of Cancellation . Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. (5) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated in this Agreement, and CONTRACTOR shall ensure that the CITY (including its officials, officers, agents, employees, and volunteers) is an additional insured on any insurance required from a subcontractor.
(6) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be 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 insurance requirements contained in this Agreement under a plan of self - insurance. CONTRACTOR shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONTRACTOR’s (i) net worth and (ii) reserves for payment of claims of liability against CONTRACTOR are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONTRACTOR’s utilization of self- insurance shall not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.
(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time. d. Special Risks or Circumstances. The CITY reserves the right , at any point during 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 be a material breach of this Agreement . In the event that CONTRACTOR fails to comply with Resolution No. 2026-157
Exhibit "A"

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

Resolution No. 2026-157
Exhibit "A"

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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, 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.

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 CONTRA CTOR to comply with this section.

21. Prevailing Wages . If applicable, pursuant to California Labor Code section 1770 et seq. , CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes , codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The prevailing rate and scale to be paid shall be the same as 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 this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONTRACTOR affirms that Resolution No. 2026-157
Exhibit "A"

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as a licensed contractor and employer in the State of California, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United Stat es 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)

Resolution No. 2026-157
Exhibit "A"

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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

ROWE SOLUTIONS, INC.

Date: __________________ ___________________________________ Francis Rowe, CEO & 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.

Resolution No. 2026-157
Exhibit "A"

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ATTACHMENT “A”
Scope of Work

A. General

Rowe Solutions, Inc., a California corporation ("Contractor") will provide the City of Escondido, a California municipal corporation ("City'') with nutritionally balanced meals as part of the City's Senior Nutrition Program.

B. Location

Contractor will deliver prepared meals to the Park Avenue Community Center located at 210 E.

Park Avenue, Escondido, CA 92025 (Park Avenue Community Center).

C. Services

The Contractor shall provide meal planning, preparation, delivery, and related support services for the City of Escondido’s Senior Nutrition Program in accordance with the terms of this Agreement, all applicable laws and regulations, and the requirements of the Senior Nutrition Program.

1. Menu Planning and Nutritional Compliance

1.1. Collaborate with City staff in the development and approval of menus that comply with Title III of the Older Americans Act, County of San Diego AIS Nutritional Guidelines, the Older Californians Nutrition Program and the California Department of Aging Program Guide.

1.2. Prepare menus in no less than four week cycles and submit proposed menus to the San Diego County Registered Dietician for review and approval in accordance with established timelines.

1.3. Accommodate reasonable menu modifications requested by the City due to participant feedback, food availability, special events, or program needs, while maintaining nutritional compliance.

1.4. Standardize approved menu items with respect to ingredients, preparation methods, portion sizes, and delivery format.

1.5. Provide documentation for approval of new menu items prior to implementation, including ingredients, preparation method, serving method, and packaging.

2. Meal Preparation Services

2.1. Prepare congregate meals at a licensed and health inspected food preparation facility under the supervision of Contractor employees.

2.2. Comply with all applicable federal, state, County, and local laws, regulations, and food safety standards governing food procurement, preparation, handling, and sanitation.

2.3. Procure, purchase, and pay for all raw food items, ingredients, and consumable supplies required for meal preparation unless otherwise specified by the City.

2.4. Ensure meals are prepared in sufficient quantities to prevent shortages and meet required portion sizes and nutritional standards.

2.5 Provide hot congregate meals as the primary meal service format for approximately 90% of served meals.

3. Meal Delivery and Handling

3.1. Deliver prepared meals to the City designated facility at agreed upon times while maintaining required temperature controls and food safety standards.

3.2. Coordinate daily meal counts with City staff and respond promptly to approved adjustments in meal quantities.

3.3. Remedy missing, incorrect, or substandard items at no additional cost to the City.

Resolution No. 2026-157
Exhibit "A"

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3.4. Ensure all meals delivered on any given service day are consistent in menu items, quality, and portion sizes.

3.5. Provide meal packaging, delivery, and service in accordance with the service model described in its proposal and approved by the City.

3.6. Coordinate with City staff regarding the handling and service of meals upon deliver, providing instructions for proper portioning, handling, service and any necessary guidance to ensure compliance with nutritional and food safety requirements.

4. Quality Assurance and Food Safety

4.1. Implement and maintain quality control procedures to ensure meals meet approved specifications for safety, nutrition, and food quality.

4.2. Maintain food temperature controls and sanitation practices consistent with the California Retail Food Code and AIS requirements.

4.3. Cooperate with City, County, and State inspections, monitoring, and corrective actions as required.

4.4. Ensure that meals are presented in a manner that is appropriate, accessible, and appealing to senior participants. The meals should align with the service approach described in the Contractor’s proposal.

5. Records, Reports, and Documentation

5.1. Maintain accurate records related to food procurement, meal preparation, delivery, and compliance, and make such records available to the City and AIS upon request.

5.2. Participate in and maintain required meal transport logs, temperature records, and other documentation necessary to demonstrate compliance with program and food safety requirements.

5.3. Provide data and reports required by the City or AIS to support program oversight, grant compliance, and reporting obligations.

6. Program Coordination and Cooperation

6.1. Coordinate services with City staff to support daily operations, special events, and program changes.

6.2. Respond promptly to City communications related to menus, meal counts, quality issues, or service concerns.

6.3. Support program monitoring and evaluation efforts conducted by the City or funding agencies.

7. Compliance with Funding and Program Requirements

7.1. Comply with all conditions associated with federal and County funding, including applicable provisions of the Senior Nutrition Program Agreement between the County of San Diego and the City.

7.2. Acknowledge and comply with all requirements imposed on the City by funding agencies that are applicable to subcontracted meal services.

D. Scheduling

Contractor will provide meal 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, 2027- 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
Resolution No. 2026-157
Exhibit "A"

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Monday, February 15, 2027 – Presidents’ Day
Monday, May 31, 2027 - Memorial Day

Inquiries related to this Agreement, including scheduling or coordination matters, may be directed to Lina Ildefonso at 760-839-4207 or [email protected].

E. Contract Price and Payment Terms

The total compensation under this Agreement shall not exceed $782,342 during the Initial Term (Effective Date through June 30, 2029).

The contract price includes all labor, materials, equipment, and transportation required to perform the work. Services will be billed as the services are performed based on the following rates:

Service Rate Per Meal
Congregate Meal $7.9679
Delivery Charge $1.9058
All-in Congregate Meal Rate $9.8737

Contract Year Volume Total Cost
Year 1 (Oct 1, 2026 – Jun 30, 2027) 21,505 meals $212,333.61 Year 2 (Jul 1, 2027 – Jun 30, 2028) 28,980 meals $286,139.41 Year 3 (Jul 1, 2027 – Jun 30, 2028) 28,750 meals $283,868.46 Total Contract Cost $782,341.48

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 from the Effective Date through June 30, 2029 (“Initial Term”). Services under this Agreement shall commence on October 1, 2026.

This Agreement includes two successive one -year options to extend the term of the Agreement, upon the same terms and conditions, subject to funding availability and City Council appropriation. If both options are fully exercised, the maximum total term of this Agreement shall not exceed five years.

If the City elects to exercise an option to renew, the City shall provide written notice to Contractor at least 60 days prior to the expiration of the then -current term. Any renewal shall be affected by a written amendment to this Agreement in accordance with the Agreement’s amendment provisions.

Any extension of the Agreement term shall be subject to the following limitations on price increases, which shall apply only to the renewal period being exercised:

1. Possible Renewal Period One (July 1, 2029 – June 30, 2030):

For the first one-year renewal period, Contractor stipulates that any increase in pricing shall not exceed the percentage change in the Consumer Price Index for All Urban Consumers (CPI -U), Food Away From Home, San Diego -Carlsbad, CA Core Based Statistical Area (CBSA), not seasonally adjusted, annual average, base period 1982–84 = 100, as published by the U.S. Bureau of Labor Statistics, measured from the annual Resolution No. 2026-157
Exhibit "A"

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average for the final year of the initial term to the annual average for the first renewal period.

2. Possible Renewal Period Two (July 1, 2030 – June 30, 2031):

For the second one -year renewal period, Contractor stipulates that any increase in pricing shall not exceed the percentage change in the Consumer Price Index for All Urban Consumers (CPI -U), Food Away From Home, San Diego -Carlsbad, CA Core Based Statistical Area (CBSA), not seasonally adjusted, annual average, base period 1982–84 = 100, as published by the U.S. Bureau of Labor Statistics, measured from the annual average for the final year of the preceding renewal period to the annual average for the applicable renewal period.

All price adjustments permitted under this section shall be subject to the City’s written approval and shall be documented in the amendment extending the Agreement term. In no event shall price increases be automatic or guaranteed.

G. Other

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 Agreement 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 8), including but not limited to Articles 3, 7, 8, 9, 10, 11, 12, 13, 14, 16, and section 4.16 of Article 4.

Resolution No. 2026-157
Exhibit "A"

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Attachment "1"
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Table of Contents
1 Cover Letter 3
2 Qualifications and Experience 5

2.1 Company Background 5
Corporate Identification and Certifications 5
Core Senior Nutrition and Congregate Meal Capabilities 5 Key Personnel for This Contract 6

2.2 Relevant Past Performance: Four Comparable Projects 7 Current Contract #1 — Georgia Air National Guard / Savannah Combat Readiness and Training Center (CRTC) 7
Past Performance #1 — City of San Diego, Meal Service Contract 8 Past Performance #2 — California Department of Forestry and Fire Protection (CAL FIRE) 8 Past Performance #3 — U.S. Customs and Border Protection (CBP), El Centro Sector 9 Additional Relevant Experience 9
3 Menu Planning and Nutritional Compliance 11

3.1 Compliance Targets We Will Meet on Every Meal 11

3.2 Servings Pattern (Older Californians Nutrition Program 1,600-Calorie Dietary Pattern) 12

3.3 Menu Development and Approval Workflow 12

3.4 Menu Change Management 14

3.5 Special Dietary Considerations 14

3.6 Four-Week Cycle Menu (Sample) 14

3.7 Estimated Per-Meal Nutritional Analysis, 4-Week Cycle 19 4 Meal Preparation, Quality Control, and Food Safety 20

4.1 Production Facility and Licensing 21

4.2 Preparation Practices and Portion Standardization 21

4.3 Quality Assurance Procedures 22

4.4 Food Safety Protocols (AIS Exhibit 5 Compliance) 22

4.5 Sanitation, Pest Control, and Recordkeeping 23

4.6 Health Inspection History 23
5 Delivery and Logistics Plan 23

5.1 Daily Delivery Window and Schedule 24

5.2 Order Management Workflow 24

5.3 Transport — Temperature, Equipment, and Vehicle 24

5.4 Coordination with City Staff 25

5.5 Contingency Planning 25

5.6 Holiday and Special Event Logistics 26

5.7 Weather and Other Disruption Planning 26

5.8 30-Day Transition and Implementation Plan 26
6 Meal Packaging, Service Model & Participant Experience 29

6.1 Proposed Service Model 29
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6.2 Hot and Cold Meal Approach 29

6.3 Meal Packaging, Portioning, and Temperature Control 29

6.3A | Rowe Solutions — Production, Portioning & Quality Control 30

6.3B|From Bulk Preparation to Participant-Ready Meals 31

6.3C|More Than A Meal 32

6.4 On-Site Plating and Service Requirements 33

6.5 Participant Experience 33

6.6 Equipment and Support Required from the City 33
7 Cost Proposal 34

7.1 Per-Meal Rates 34

7.2 Estimated Annual Cost 34

7.3 Pricing for Option Years 35

7.4 Invoicing and Payment Terms 36

7.5 Other Pricing Notes 36
8 Value-Added Services 37

8.1 Quarterly Menu Tasting and Participant Feedback Sessions 37

8.2 Cultural and Holiday Menu Specials 37

8.3 Workforce Pipeline and Community Hiring 37

8.4 Nutrition Education Materials 37

8.5 Emergency / Surge Meal Capacity 37

8.6 Open-Book Cost Transparency 38

8.7 Coordination with Local Nonprofit Network 38

8.8 Single Project Manager and Direct CEO Access 38
9 General Conditions Response 39

9.1 Point-by-Point Acknowledgment (RFP Section H) 39

9.2 Acceptance of RFP Terms 40

9.3 Public Agency Clause (RFP Section H(23)) 41

9.4 Confidentiality 41
Non-Collusion Declaration (Exhibit 9) 42
Optional Meal Sampling 43
Public Services Agreement Acknowledgment 44
Addendum Acknowledgement 45
Closing Commitment 46
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Item6.
1 Cover Letter
August
11, 2026
N
icole White
Community Services Manager
City of Escondido
Community Services Department
201 N. Broadway
Escondido, CA 92025
Re: RF
P No. 26-31 — Senior Nutrition Program Meal Service
Dear Ms. White:

Rowe Solutions, Inc. is pleased to submit this proposal in response to the City of Escondido's Request for Proposals No. 26-31 for the Senior Nutrition Program Meal Service at the Park Avenue Community Center. We have reviewed the RFP and all exhibits in full, take no exception to the terms of the RFP or the form Public Services Agreement (Exhibit 1), and are prepared to execute the Agreement within 30 days of award.

Rowe Solutions is a San Diego-based, veteran-founded food service and human-services company that has been preparing and delivering nutritionally compliant meals to vulnerable populations across San Diego County since 2019. We currently serve approximately 580 individuals per day with two meals each day approximately 1,160 meals per day under our City of San Diego contract (Contract No.10090426-26-V), and we provide catering and meal services to Episcopal Community Services (ECS), Union of Pan Asian Communities (UPAC), and federal customers including U.S. Customs and Border Protection. We hold active SDVOSB, SBA Disadvantaged Business, DBE, and MBE certifications, an active California State of California Department of General Services certification (Supplier ID 0000158990), and a documented past performance record of more than $7.5 million in verified federal and state past performance, including more than $4.7 million in California state-funded meal services.

Our proposal is responsive to the full Project Description and Scope of Services. We will collaborate with City staff to develop AIS-compliant menus on four-week cycles, prepare an average of 115 congregate meals each weekday at our Health Inspected San Diego County facility, accommodate ±10 meal adjustments per day with same-day notice by 9:00 a.m., scale to approximately 150 meals for up to four special holiday or event meals per year, and deliver meals to the Park Avenue Community Center no later than 11:00 a.m. each service day in compliance with the County of San Diego AIS Food Temperature Documentation procedure (Exhibit 5) and California Retail Food Code temperature standards (135°F hot / 41°F cold). We acknowledge that, as a subcontractor of the City, we will be subject to all applicable provisions of Contract No. 570894 between the County of San Diego and the City, including Articles 3, 7, 8, 9, 10, 11, 12, 13, 14, and 16.

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Item6.

Frank Rowe, founder and CEO, will serve as the Project Manager and the City's single point of contact for this contract. Frank may be reached at (619) 797-5315 or [email protected].

Rowe
Solutions has read, understood, and agrees to all terms and conditions contained in this RFP, including all exhibits. We affirm that this proposal is genuine and non-collusive; a signed Non-Collusion Declaration (Exhibit 9) is included with this proposal. Pricing in this proposal is firm and held open for 90 days from the Submission Deadline.

We thank the City of Escondido for the opportunity to support the seniors of the Park Avenue Community Center, and we look forward to building a long-term partnership in support of the Older Americans Act program goals.

Sincer
ely,
Frank Rowe,
Chief Executive Officer

780 Hollister St,
San Diego, CA 92154
Phone: +1 (619) - 797 – 5315
Email: [email protected]
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Item6.
2 Qualifications and Experience

2.1 Company Background
Rowe Solutions, Inc. is a San Diego-headquartered food service, nutrition, and human-services company founded in 2019. The company was founded by Francis (Frank) Rowe, a U.S. military veteran. Frank started Rowe Solutions after personally experiencing homelessness following his military service, an experience that shapes how the company designs and delivers programs for vulnerable populations, including older adults living on fixed incomes.

Rowe Solutions has grown into a multi-million-dollar food service operation serving congregate meal programs, transitional housing programs, detainee meal programs, and federal dining facilities. As of the date of this proposal, Rowe Solutions has reported approximately $716,000 in year-to-date revenue (January through April 2026), with an annualized run rate of approximately $2.1 million. Our verified federal and state past performance exceeds $7.5 million across active and completed contracts.

Corporate Identification and Certifications
Legal Name Rowe Solutions, Inc.

Entity Type California Corporation
Address 780 Hollister St, San Diego, CA 92154
Year Founded 2019
SAM UEI L188BWH8QXE3
CAGE Code 8FQ73
California DGS Supplier ID 0000158990 (SB | MB | DVBE | SB-PW) Certifications SDVOSB, SBA Disadvantaged Business (8(a) pathway), DBE, MBE
Primary Contact Francis (Frank) Rowe, Founder & CEO
Phone (619) 797-5315
Email [email protected]
Website www.therowesolution.com
Core Senior Nutrition and Congregate Meal Capabilities
Rowe Solutions operates from a licensed, Health Inspected commercial food preparation facility in San Diego County. The facility supports preparation of more than 1,160 meals per day in compliance with the California Retail Food Code, with full HACCP-based food safety protocols, calibrated temperature monitoring at every Critical Control Point (CCP), and an active food safety management program led by ServSafe-certified personnel. We are equipped and routinely staffed to handle the average daily volume Page | 5
Attachment "1" 200
Item6.
of
115 meals required by this RFP, plus the surge requirement of approximately 150 meals on special holiday or event days.
• Older Americans Act program experience: Rowe Solutions personnel have direct, hands-on experience supporting senior nutrition programs administered under Title III-C of the Older Americans Act and the County of San Diego Aging & Independence Services (AIS) Nutritional Guidelines. • Volume capacity: Our City of San Diego meal contract (Contract 10090426-26-V) serves approximately 580 individuals per day with two meals daily — roughly 1,160 meals per day. That production scale is approximately ten times the average daily volume required under this RFP, demonstrating substantial excess capacity to support Escondido's 115-meal daily requirement and the periodic 150-meal special-event surges.
• Geographic proximity: Our San Diego production facility at 780 Hollister Street is approximately 50 to 60 minutes from the Park Avenue Community Center under normal weekday morning traffic. Our 9:30 a.m. load-out schedule provides a 90-minute delivery window, with NSF-rated insulated carriers that maintain food temperatures well above the 135 degree F standard throughout the full transit • Regulatory familiarity: We have an established working relationship with the County of San Diego Health & Human Services Agency, AIS, and County Department of Environmental Health, and we are familiar with the AIS Food Temperature Documentation Procedure Memo (Exhibit 5).
• Stability and continuity: As a contractor working continuously since 2019 with an in-house production facility and dedicated drivers, we are not dependent on volatile third-party kitchens or staffing agencies to perform this work.

Key Personnel for This Contract
Role Name Responsibility
Project Manager /
Single POC Francis (Frank) Rowe Overall contract performance, City coordination, escalation, contract
administration, AIS compliance.

Food Service Manager Assigned upon award
Daily kitchen operations, menu
execution, temperature documentation
review, corrective action.

L
ead Cook Assigned upon award
Production supervision, portion-size
standardization, recipe compliance,
food safety at point of preparation.

Registered Dietitian
Nutritionist /
Culinary Nutritionist
Kelly Powers, MA, RDN Menu review, nutrient analysis, nutritional compliance support, and nutrition-focused
guidance for the proposed Senior Nutrition
Program.

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Delivery Driver Dedicated route
assignment
On-time delivery to Park Avenue
Community Center; Meal Transport Log;
temperature documentation at delivery.

Personnel costs for menu consultant review services are absorbed in Rowe Solutions' general and administrative overhead and are not separately billed to the City under this contract.

2.2 Relevant Past Performance: Four Comparable Projects Rowe Solutions submits the four projects below as representative current and past performance comparable in size and scope to the City of Escondido Senior Nutrition Program. Additional references and contract documentation will be furnished upon request.

Current Contract #1 — Georgia Air National Guard / Savannah Combat Readiness and Training Center (CRTC)
Customer DFAC Services, Savannah CRTC
Contract Number W50S7026QA002
Role Prime Contractor
Period of Performance Active, multi-year
Daily Service Volume Supports variable meal volumes ranging from 1–500 PAX and 501–1,000 PAX across breakfast, lunch, dinner, and midnight meal service periods.

Scope
Provision of full-service dining facility operations for Savannah CRTC, including meal preparation and service, carry-out service, box meals, catering to on-base locations, cashiering, table bussing, cleaning and sanitation, food accountability, quality control, and staffing support for visiting unit exercises. The requirement includes rapid mobilization with minimum
one-week notice and compliance with Air Force food service standards, ServSafe requirements, FDA Food Code, and
applicable AFI/AFMAN requirements
Reference Name: Andrew Smith, Contracting Officer
Address: 1401 Robert B Miller Jr Dr, Garden City, GA
31408-9001
Email: [email protected]
Telephone: (912) 963-3552 Page | 7
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Past Performance #1 — City of San Diego, Meal Service Contract

Customer City of San Diego
Contract Number 10090426-26-V (amended July 2025, NTE $5.6M) Role Prime Contractor
Period of Performance Active, multi-year
Daily Service Volume Approximately 580 individuals served per day, two meals per day, approximately 1,160 meals delivered daily

Scope
Daily preparation and delivery of nutritionally balanced meals to City of San Diego program participants, including menu planning, food safety documentation, temperature-controlled transport, and same-day count adjustments.

Relevance to
Escondido RFP
Direct relevance — same County jurisdiction, same temperature documentation framework, approximately ten times the daily meal volume required by Escondido, same delivery and quality assurance model.

Reference Name: Oscar Garcia
Address: 1200 Third Avenue, Suite 200
San Diego, California 92101
Email: [email protected]
Telephone #: (619) 236-6037
Past Performance #2 — California Department of Forestry and Fire Protection (CAL FIRE)

Customer State of California (CAL FIRE)

Contracts
CAL FIRE CFTC South ($474,180, 2021–2022); Firefighter
Training Catering ($200,000, 2020–2021); Firefighter Training Catering ($226,212, 2020); Meals Contracts ($9,993 each, 2020) Role Prime Contractor — State of California Department of General Services Supplier ID 0000158990

Cumulative Value
Approximately $920,000 in active state past performance; total state-level past performance of approximately $4,722,878 across all California meal contracts (including FY 22/23 Catering Services awards totaling $3,802,500)
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Scope
High-volume meal preparation and delivery to State of California firefighter training and incident-support sites, including menu planning, large-batch cooking, temperature-controlled delivery, and compliance with State of California food service requirements.

Relevance to
Escondido RFP
Demonstrates ability to plan menus, prepare large batches consistently, deliver on schedule, and meet State of California public-sector food service standards over multi-year engagements.

Reference Christopher Cabanes
[email protected]
Contract Analyst - BSO
710 Riverpoint Court
West Sacramento, CA 95605
(916) 894-9855 Office

Past Performance #3 — U.S. Customs and Border Protection (CBP), El Centro Sector

Customer U.S. Customs and Border Protection (Department of Homeland Security)
Contract Number Blanket Purchase Agreement 70B03C20A00000026 (BPA #20143038)
Role Prime Contractor , Task Order Holder
Period of Performance Active, 17 task orders under BPA; 14 revenue-generating

Cumulative Value
Approximately $2.79 million in net obligated value across CBP task orders; total verified federal past performance approximately $2.92 million (USASpending.gov verified May 2026)

Scope
Recurring meal preparation and delivery for federal detainee meal programs; compliance with federal contracting requirements, temperature documentation, sanitation, and reporting.

Relevance to
Escondido RFP
Demonstrates rigorous food safety compliance, federal-grade documentation, large-volume recurring delivery, and an established track record of on-time performance under government contracts.

Reference Mariaelena Marquez, Mission Support Specialist Phone: 619-216-4104
Email: [email protected]
Additional Relevant Experience
• Episcopal Community Services (ECS) Active catering and meal services for ECS participants in central San Diego. Signed MOU. Direct workforce pipeline (ECS participants are hired into Rowe Solutions' kitchen operations).

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• Union of Pan Asian Communities (UPAC) Active monthly meal services for UPAC housing residents.
• McAlister Institute Frank Rowe serves as a Board Member of McAlister Institute, which serves more than 13,000 substance-use clients annually. Food service support relationships extend through this network.

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3 Menu Planning and Nutritional Compliance
Rowe Solutions will collaborate with City of Escondido staff to develop nutritionally balanced four-week-cycle menus that meet all requirements of Title III of the Older Americans Act, the County of San Diego Aging & Independence Services (AIS) Nutritional Guidelines, the Older Californians Nutrition Program, and the California Department of Aging Program Guide. Our approach is structured around three principles: (1) nutrient targets drive menu design; (2) menus are reviewed and signed by a Registered Dietitian before they are submitted to the City; and (3) menus are written in the standardized format required by AIS (Exhibit 2).

Registered Dietitian Nutritionist Oversight
Kelly Powers, MA, RDN, provides Rowe Solutions' nutrition and menu-analysis support for the proposed program. She will review menu composition, nutrient analysis, recipes, and meal-plan considerations to support nutritional alignment with applicable program requirements.

Kelly's review will occur as part of Rowe Solutions' internal quality-control process before menus are submitted through the applicable City/County/AIS review and approval process.

3.1 Compliance Targets We Will Meet on Every Meal
Each meal will provide at least one-third of the Dietary Reference Intakes (DRIs) as required by Section 339 of the Older Americans Act, and will be designed to the Older Californians Nutrition Program targets summarized below (per meal):

Nutrient Per-Meal Target Source / Standard
Calories (Kcal) 550 – 650 AMDR / Older
Californians Nutrition
Program
Protein (g) ≥ 15 g (from protein + dairy/soy
alternatives) RDA
Fat (% of total calories) 20 – 35% AMDR
Saturated Fat (% of cals) ≤ 10% Dietary Guidelines for
Americans
Fiber (g) ≥ 7 (weekly average) AI
Calcium (mg) ≥ 400 (weekly average) RDA
Sodium (mg) ≤760 mg per meal, averaged
over the weekly menu cycle;
meals containing ≥1,000 mg
sodium will not exceed one

AI / CDRR
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meal per week and will be
identified as required by AIS. .

Vitamin A (mcg RAE) ≥ 233 (2–3 meals out of 5 per
week) RDA
Vitamin C (mg) ≥ 25 RDA
Vitamin D (IU) 200 weekly average RDA
Vitamin B12 (mcg) 0.8 weekly average RDA

Per AIS guidelines, sodium ≥ 1,000 mg meals will be limited to no more than one per week and clearly identified on the menu with the AIS-required saltshaker icon.

3.2 Servings Pattern (Older Californians Nutrition Program 1,600-Calorie Dietary Pattern)
Each meal will be designed to deliver the following servings:

Food Group Servings per Meal Examples / Notes

Vegetables

1 – 2 servings
Includes dark-green, red/orange,
beans/peas/lentils, starchy, and
other subgroups across the week.

Vitamin A-rich vegetables 2–3
meals/week.

Fruits 1 serving Daily; fresh fruit served daily or
as required by AIS.

Grains 1 – 2 servings At least one-half of weekly
grains as whole grains.

Dairy / Fortified Soy
Alternatives
1 serving 8 oz milk, yogurt, or fortified soy
beverage, or 1½ oz cheese.

Protein Foods

1 serving (≈ 2 oz
equivalent)
Meat, poultry, seafood, eggs,
beans/tofu, nuts/seeds, or seed
butter.

3.3 Menu Development and Approval Workflow
Our menu development process follows the chronological flow required by the RFP and Exhibit 7 (Title 22, CCR §7638.5):
• Step 1 Draft (six weeks before service month). The Food Service Manager drafts a four-week cycle menu in the AIS Title III-C Menu format (Exhibit 2), populating protein, vegetables, fruit, grains, dairy/fortified soy alternatives, beverage, optional dessert/condiments, and sodium and vitamin totals.

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• Step 2 Nutrient analysis. A registered dietitian performs a detailed nutritional analysis verifying each per-meal target and each weekly average target.
• Step 3 Cultural appropriateness review. The menu is reviewed for cultural and ethnic appropriateness in line with the participant demographics communicated by City staff (Title 22,§7638.5(d)(4)).
• Step 4 RD signature and AIS submission. The registered dietitian signs the menu. We submit the menu to the San Diego County Registered Dietitian for AIS approval per Scope of Work Section C(1.2).
• Step 5 City submission by the 1st of the prior month. We deliver the approved menu to City staff by the first of the month preceding service (RFP Section C(2)).

City staff have an opportunity to request changes; we accommodate reasonable changes and re-submit if substantive revisions are made. • Step 6 Posting and standardization. Once final, the menu is locked. Every menu item is standardized to ingredient list, preparation method, portion size, and delivery format (RFP Section C(17)). We post the menu in a participant-friendly format to support Title 22 §7638.5(d) (2).

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3.4 Menu Change Management
We will accommodate reasonable menu changes requested by the City with no less than one week's notice (RFP Section C(16)). For special event or holiday menus, we will work from a Special Event meal schedule provided by the City up to two months in advance (RFP Section C(15)). If we determine that we cannot comply with a requested change, we will communicate the reason for non-compliance to the City within 24 hours of receipt of the request and propose a reasonable compromise. All new menu items must be approved by the City before use, and we will provide ingredients, preparation method, serving method, and proposed packaging for each new item under consideration.

3.5 Special Dietary Considerations
• Diabetic-friendly options. Menus will be designed with controlled simple carbohydrates and emphasize whole grains, lean proteins, and high-fiber vegetables consistent with the dietary needs of a senior congregate population. • Reduced sodium. We will not exceed the AIS weekly sodium target of 760 mg per meal and will use herb-and-citrus seasoning approaches in place of salt where possible.
• Texture-modified options. Where requested in advance, we can provide softer-texture entrée alternatives to support participants with chewing or dental constraints, without altering the published menu for the broader population. • Allergens. All menus will identify common allergens (dairy, soy, gluten, tree nuts) so the City can communicate allergen information to participants.

3.6 Four-Week Cycle Menu (Sample)
WEEK 1
Day Food Item Portion Category
MONDAY Spaghetti with Meat Sauce (lean
ground beef, marinara)
3 oz Protein
Spaghetti Noodles 2 oz dry Grain • WG
Mixed Vegetables (w/ carrots) 0.5 cup Vegetable • High Vit A
Whole Grain Dinner Roll 1 ea Grain • WG
Butter Packet 2 pkt Other
Fresh Orange (medium) 1 ea Fruit • High Vit C
1% Milk Carton 8 oz Dairy
TUESDAY Teriyaki Chicken (low-sodium
sauce)

0.5 cup Protein
Steamed Spinach 1 cup Vegetable • Dark
Green
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Carrots 0.5 cup Vegetable • High Vit
A
Brown Rice 0.5 cup dry Grain • WG
Fresh Orange (medium) 1 ea Fruit • High Vit C
1% Milk Carton 8 oz Dairy
WEDNESDAY Chicken Pot Pie Bake (chicken
breast + gravy)

0.5 cup Protein
Biscuit 1 ct Grain
Mixed Vegetables (w/ carrots) 0.5 cup Vegetable • High Vit A
Fresh Orange (medium) 1 ea Fruit • High Vit C
1% Milk Carton 8 oz Dairy
THURSDAY Baked Cod (lemon herb,
reduced-sodium)

0.5 cup Protein
Steamed Cabbage 0.5 cup ckd Vegetable
Carrots 0.5 cup Vegetable • High Vit
A
Brown Rice 0.5 cup dry Grain • WG
Fresh Orange (medium) 1 ea Fruit • High Vit C
1% Milk Carton 8 oz Dairy
FRIDAY Beef Enchiladas (reduced-sodium
sauce, part-skim cheese)
1 ea Protein
Black Beans (reduced-sodium) 0.5 cup Veg / Protein • Fiber Corn 1 cup Vegetable
Fresh Orange (medium) 1 ea Fruit • High Vit C
1% Milk Carton 8 oz Dairy

WEEK 2
Day Food Item Portion Category
MONDAY Baked Chicken (skinless breast) 0.5 cup Protein
Boil-in-Bag Mashed Potatoes 0.5 cup Vegetable
Mixed Vegetables (w/ carrots) 0.5 cup Vegetable • High Vit A
Whole Grain Dinner Roll 1 ea Grain • WG
Butter Packet 2 pkt Other
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Fresh Orange (medium) 1 ea Fruit • High Vit C
1% Milk Carton 8 oz Dairy
TUESDAY Chili Mac (chili con carne, mac,
shredded cheese)

0.75 cup Protein
Corn 0.5 cup Vegetable
Whole Grain Dinner Roll 1 ea Grain • WG
Fresh Orange (medium) 1 ea Fruit • High Vit C
1% Milk Carton 8 oz Dairy
WEDNESDAY Chicken Chow Mein (chicken
breast, sauce)

0.5 cup Protein
Bok Choy 2 cups Vegetable • Dark
Green
Shredded Carrots 0.5 cup Vegetable • High Vit
A
Whole Wheat Spaghetti Noodles 2 oz dry Grain • WG
Fortune Cookie 1 ct Other
Diced Pineapple 0.5 cup Fruit • High Vit C
1% Milk Carton 8 oz Dairy
THURSDAY Beef Stroganoff (lean ground beef,
cream of mushroom)
3 oz Protein
Rotini Noodles (whole wheat) 3 oz dry Grain • WG
Mixed Vegetables (w/ carrots) 0.5 cup Vegetable • High Vit A
Fresh Orange (medium) 1 ea Fruit • High Vit C
1% Milk Carton 8 oz Dairy
FRIDAY Sloppy Joe (lean ground beef,
low-sodium BBQ)
4 oz Protein
Whole Wheat Hamburger Bun 1 ea Grain • WG
Diced Bell Peppers (sautéed) 4 oz Vegetable • High Vit
C
Peaches in Juice Cup (drained) 0.5 cup Fruit
1% Milk Carton 8 oz Dairy

WEEK 3
Day Food Item Portion Category
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MONDAY Salisbury Steak (lean ground beef
patty, brown gravy)
4 oz Protein
Boil-in-Bag Mashed Potatoes 0.5 cup Vegetable
Mixed Vegetables (w/ carrots) 0.5 cup Vegetable • High Vit A
Whole Grain Dinner Roll 1 ea Grain • WG
Fresh Orange (medium) 1 ea Fruit • High Vit C
1% Milk Carton 8 oz Dairy
TUESDAY Tuna Noodle Casserole (light
cream sauce)

0.5 cup Protein
Penne Pasta (whole wheat) 3 oz Grain • WG
Broccoli (steamed) 0.5 cup Vegetable • High Vit
C
Fresh Pear (medium) 1 ea Fruit
1% Milk Carton 8 oz Dairy
WEDNESDAY Chicken Cheesy Rice Bake
(chicken breast, part-skim cheese)

0.5 cup Protein
Brown Rice 0.5 cup dry Grain • WG
Broccoli (steamed) 0.5 cup Vegetable • High Vit
C
Fresh Banana (medium) 1 ea Fruit
1% Milk Carton 8 oz Dairy
THURSDAY BBQ Chicken (skinless breast,
low-sodium BBQ)

0.5 cup Protein
Baked Beans (reduced-sodium) 0.5 cup Veg / Protein • Fiber Coleslaw (cabbage + carrot, light dressing) 1 cup Vegetable • High Vit A Whole Grain Dinner Roll 1 ea Grain • WG
Fresh Orange (medium) 1 ea Fruit • High Vit C
1% Milk Carton 8 oz Dairy
FRIDAY Chicken Fajita Plate (chicken
breast, sautéed peppers)

0.5 cup Protein
Black Beans (reduced-sodium) 0.5 cup Veg / Protein • Fiber Bell Peppers (sautéed) 4 oz Vegetable • High Vit
C
Whole Wheat Tortillas 2 ea Grain • WG
Shredded Cheese (part-skim) 1 oz Dairy
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Fresh Apple (medium) 1 ea Fruit
1% Milk Carton 8 oz Dairy

WEEK 4
Day Food Item Portion Category
MONDAY Mushroom Chicken (chicken breast,
cream of mushroom)

0.5 cup Protein
Brown Rice 0.5 cup dry Grain • WG
Mixed Vegetables (w/ carrots) 1 cup Vegetable • High Vit A
Fresh Orange (medium) 1 ea Fruit • High Vit C
1% Milk Carton 8 oz Dairy
TUESDAY Greek Chicken (chicken breast,
herbs)

0.5 cup Protein
Frozen Vegetable Blend 1 cup Vegetable
Whole Wheat Pita Bread 1 slice Grain • WG
Hummus (individual cup) 2 oz Other • Fiber
Diced Cantaloupe 0.5 cup Fruit • High Vit A/C
1% Milk Carton 8 oz Dairy
WEDNESDAY Goulash (lean ground beef,
marinara, mac)
3 oz Protein
Mac Noodles (whole wheat) 2 oz Grain • WG
Broccoli (frozen, steamed) 0.5 cup Vegetable • High Vit C / Dark Green
Fresh Orange (medium) 1 ea Fruit • High Vit C
1% Milk Carton 8 oz Dairy
THURSDAY Deconstructed Shepherd’s Pie (lean
ground beef, brown gravy)
4 oz Protein
Boil-in-Bag Mashed Potatoes 0.5 cup Vegetable
Mixed Vegetables (w/ carrots) 1 cup Vegetable • High Vit A
Whole Grain Dinner Roll 1 ea Grain • WG
Fresh Strawberries 0.5 cup Fruit • High Vit C
1% Milk Carton 8 oz Dairy
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FRIDAY Chicken Tortilla Soup (chicken
breast, broth, beans)

0.75 cup Protein
Black Beans (reduced-sodium) 0.5 cup Veg / Protein • Fiber Corn 0.5 cup Vegetable
Whole Wheat Tortillas 1 ea Grain • WG
Shredded Cheese (part-skim) 1 oz Dairy
Fresh Orange (medium) 1 ea Fruit • High Vit C
1% Milk Carton 8 oz Dairy

WG = Whole Grain. All meals are served with condiments (salt-free seasoning, pepper, low-sodium dressing) per AIS guidelines. White rice is substituted with brown rice, and refined pasta/tortillas with whole-wheat equivalents, to satisfy the ≥½ whole-grain requirement. Fruit selections align every meal with a high-Vitamin C fruit or vegetable to meet the ≥25 mg/meal target.

3.7 Estimated Per-Meal Nutritional Analysis, 4-Week Cycle The following analysis estimates calories, protein, sodium, Vitamin D, and Vitamin B12 for each meal in the four-week cycle. Calorie figures include the entrée from the approved ingredient list plus an 8 oz carton of 1% milk (~100 kcal) and one fruit serving (~60–90 kcal).

All entrée and side portions shown are final serving quantities, already adjusted to land each meal within the 550–650 kcal contract range and the ≤760 mg weekly sodium average..

Meal Calories
(kcal)
Protein
(g)
Sodium
(mg)
Vit. D
(IU)
Vit. B12
(mcg)
W1 MON — Spaghetti w/
Meat Sauce
625 24 620 120 3.2
W1 TUE — Teriyaki
Chicken
615 26 660 120 1.5
W1 WED — Chicken Pot
Pie Bake
605 26 650 120 1.5
W1 THU — Baked Cod 590 28 400 170 2.2
W1 FRI — Beef Enchiladas 640 28 760 † 120 3.4
Week 1 Average 615 26.4 618 130 2.4
W2 MON — Baked
Chicken
615 28 690 120 1.5
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W2 TUE — Chili Mac 600 26 690 120 3.4
W2 WED — Chicken Chow
Mein
620 26 660 120 1.5
W2 THU — Beef
Stroganoff
605 26 640 120 3.2
W2 FRI — Sloppy Joe 625 25 770 † 120 3.2
Week 2 Average 613 26.2 690 120 2.6
W3 MON — Salisbury
Steak
610 27 690 120 3.2
W3 TUE — Tuna Noodle
Casserole
615 29 630 160 3.7
W3 WED — Chicken
Cheesy Rice Bake
600 26 650 120 1.7
W3 THU — BBQ Chicken 625 28 710 120 1.5
W3 FRI — Chicken Fajita
Plate
640 32 730 120 1.7
Week 3 Average 618 28.4 682 128 2.4
W4 MON — Mushroom
Chicken
620 27 680 120 1.5
W4 TUE — Greek Chicken 635 30 660 120 1.5
W4 WED — Goulash 610 26 620 120 3.2
W4 THU — Deconstructed
Shepherd’s Pie
625 28 700 120 3.2
W4 FRI — Chicken Tortilla
Soup
620 28 770 † 120 1.7
Week 4 Average 622 27.8 686 120 2.2
4-Week Cycle Average 617 27.2 669 125 2.4

4 Meal Preparation, Quality Control, and Food Safety
Rowe Solutions operates from a licensed, Health Inspected commercial food preparation facility in San Diego County. All meals delivered to the Park Avenue Community Center under this contract will be prepared at this facility, under the direct supervision of Rowe Solutions employees, in compliance with the California Retail Food Code, federal and County food safety regulations, and the AIS Food Temperature Documentation Procedure (Exhibit 5).

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4.1 Production Facility and Licensing
• Facility location. 780 Hollister Street, San Diego, CA 92154, approximately 50 to 60 minutes from the Park Avenue Community Center under normal weekday morning traffic. Load-out is scheduled at 9:30 a.m. to ensure arrival by 10:45 a.m., providing a 15-minute buffer before the
11:00 a.m. delivery deadline.
• Health Inspected. The facility
is permitted by the County of
San Diego Department of
Environmental Health and is
inspected on the County's
regular inspection schedule. We
currently hold an A rating. The
most recent Health Inspection
Report will be furnished to the
City upon award.
• Food handler certifications. All
kitchen personnel hold current
California Food Handler Cards.

The Food Service Manager and
Lead Cook hold ServSafe Food Protection Manager certifications. Licenses, permits, and Food Handler Cards are posted in a prominent location within the preparation area as required by RFP Section C(4).
• Production capacity. The facility currently produces approximately 1,160 meals per day (580 individuals × two meals daily) under our City of San Diego contract.

The additional ~115 daily meals plus periodic 150-meal surge required by this RFP is approximately a 10% increment over our current production, well within existing capacity without additional infrastructure or staffing investment. • Supply chain. We maintain established vendor relationships with regional food distributors (produce, protein, dairy, dry goods) with redundant suppliers in each major category to mitigate single-source supply risk.

4.2 Preparation Practices and Portion Standardization
Rowe Solutions standardizes every approved menu item in a recipe card system that locks ingredients, preparation method, equipment, time and temperature, portion size, bulk-pan fill levels, and packaging. Consistent with the City's confirmed on-site serving model, meals are transported in bulk pans for portioning and plating by City kitchen staff at the Park Avenue Community Center; Rowe Solutions does not individually plate meals prior to delivery. Standardized recipe cards are posted at each production station. This ensures that:
• Every meal delivered on a given day contains identical ingredients (RFP Section C(17)).
• Portion sizes meet the nutritional requirements communicated to the City with each menu (RFP Section C(7)).

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• Fresh or frozen vegetables are cooked only to the point of tenderness at the time of delivery, never overcooked (RFP Section C(6)).
• Fresh fruit is served daily or as required by AIS (RFP Section C(6)). • No meals are delivered overcooked or undercooked; the Food Service Manager personally inspects each batch before transport.

4.3 Quality Assurance Procedures
Quality is monitored at four checkpoints daily. Discrepancies trigger immediate corrective action, documented on a Daily Quality Log.

Checkpoint Responsible Role Action and Documentation
Receiving
(raw
ingredients)

Lead Cook
Visual inspection, temperature check on
refrigerated/frozen items, rejection of
out-of-spec product. Logged on Receiving
Sheet.

End of cooking

Cook on duty
Internal cook temperature recorded on Temp
Log; confirms ≥ 135°F hot hold or
pathogen-kill temp for the menu item.

Pre-load (loading
transport
carriers)

Food Service Manager
Portion check, bulk-pan fill check, allergen
check, temperature check; signs Meal
Transport Log (Exhibit 6).

Delivery to Park
Avenue CC

Driver + City Staff
Joint temperature check at point of delivery;
City staff signs receipt; any discrepancies noted
on the Meal Transport Log per RFP Section
C(11) and C(19).

4.4 Food Safety Protocols (AIS Exhibit 5 Compliance)
We will document food temperatures at every Critical Control Point identified in the County of San Diego HHSA Aging & Independence Services Food Temperature Documentation Procedure Memo (Exhibit 5):
• Completion of cooking/preparation recorded on the temp log. • Removal from hot/cold holding into carriers recorded on temp log. • Upon delivery to the Park Avenue Community Center — recorded on Meal Transport Log (Exhibit 6).
• Before serving (if holding > 30 minutes) to be coordinated with City service staff. • During service (every 30 minutes) to be coordinated with City service staff.

Temperature Standards: Hot foods are held at 135°F or above; cold foods are held at 41°F or below (Exhibit 5 / California Retail Food Code). Every Potentially Hazardous Food (PHF) item is temperature- checked. If multiple pans of the same item are prepared, we temp all pans to ensure each one meets standard.

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Documentation Standards: Every temperature record includes actual temperature, date and time, and the initials of the employee or volunteer recording it. Records are retained for the required period (six months for Date/Time/Temperature/Initial-only logs; one year after the applicable fiscal year for Meal Transport Records and Monthly Menu sheets that include meals sent, meals served, supply orders, or other information).

Equipment Logs: We maintain refrigeration and freezer temperature logs (at facility opening and closing), dishwasher logs (per California Retail Food Code temperature and sanitization standards), and a Cooling Log Sheet consistent with the San Diego County Department of Environmental Health template referenced in RFP Section C(11).

Thermometers: Food thermometers are readily available in every preparation and food service area. Thermometers are calibrated weekly using the ice-point method and the calibration is logged.

4.5 Sanitation, Pest Control, and Recordkeeping
• Sanitation. Daily opening and closing sanitation checklists are completed by the Food Service Manager. All food-contact surfaces are sanitized to California Retail Food Code standards. Dishwashing equipment is monitored and documented per the Dishwasher Log.
• Pest control. Monthly licensed pest control service with inspection reports retained on file and available for City review.
• Inspection cooperation. Rowe Solutions will allow the City and AIS to access purchase documents, records, and food preparation, packaging, and storage areas at any reasonable time, per RFP Section C(8).
• Records retention. All food procurement, preparation, delivery, and compliance records are retained in accordance with County and AIS requirements and made available to the City and AIS upon request, per Scope of Work Section C(5).

4.6 Health Inspection History
Rowe Solutions prepares all meals at a licensed commercial food preparation facility that is permitted and routinely inspected by the County of San Diego Department of Environmental Health (DEH). The facility maintains active Health Inspected status and operates in continuous compliance with the California Retail Food Code. Required licenses, permits, and Food Handler Cards are posted prominently within the meal preparation area, and a ServSafe-certified management team oversees the facility's HACCP-based food safety program.

The facility has maintained Health Inspected status in good standing throughout its performance of public-sector meal contracts. In accordance with RFP Section C(4), Rowe Solutions will provide a copy of its most recent health inspection report to the city upon request.
5 Delivery and Logistics Plan
Rowe Solutions will deliver prepared meals to the Park Avenue Community Center, 210 E.

Park Avenue, Escondido, CA 92025, no later than 11:00 a.m. Monday through Friday, Page | 23
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except on City-recognized holidays listed in Exhibit 4. Our delivery operation is built around three principles: (1) protect temperature integrity from kitchen to point of delivery; (2) coordinate proactively with City staff on counts, special events, and changes; and (3) build contingency into every delivery so a single point of failure cannot cause a missed delivery.

5.1 Daily Delivery Window and Schedule

Service Days Monday through Friday, except City-recognized holidays (Exhibit 4).

Delivery Deadline 11:00 a.m. at the Park Avenue Community Center.

Target Arrival Window 10:30 a.m. – 10:55 a.m. (built-in 5- to 30-minute buffer ahead of the 11:00 a.m. deadline).

Load-Out from Kitchen 9:30 a.m. (allows for traffic, equipment delays, last-minute additions).

Final Count Cutoff 9:00 a.m. day-of-service, per RFP Section C(3).

Adjustments of up to ±10 meals are accommodated within
this window.

Special Events
Up to 4 events per year at approximately 150 meals each; menu and quantity locked at least 1 week in advance for menu items and up to 2 months in advance for event
scheduling.

5.2 Order Management Workflow
• Weekly preview. Each Friday, Rowe Solutions and City staff confirm the upcoming week's projected daily meal counts, special events, and menu deviations, in accordance with the ordering schedule agreed upon at contract start (RFP Section C(3)).
• Day-prior confirmation. By 3:00 p.m. the business day before service, City staff provide initial estimated counts; we begin production planning. • Day-of-service final count (9:00 a.m. cutoff). City staff confirm the final count by 9:00 a.m. on the day of service. We accommodate ±10 meals from the prior-day estimate per RFP Section C(3).
• Same-day surge support. If the day-of count exceeds the prior estimate by more than 10 meals, we will make reasonable best efforts to fulfill the surge from on-hand inventory and communicate ability to do so within 30 minutes.

5.3 Transport — Temperature, Equipment, and Vehicle
• Transport equipment. Insulated NSF-rated hot food carriers and cold food carriers are used for every delivery. Hot carriers maintain ≥ 135°F; cold carriers maintain ≤ 41°F throughout transport per AIS Exhibit 5. The delivery route runs approximately 88 miles round trip between our San Diego production facility and the Park Avenue Community Center via I-805 N to I-15 N. Because the City's Page | 24
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on-site equipment (two hot boxes and a four-compartment steam table) is designed to hold food at temperature rather than reheat it, our carriers are loaded to arrive already at serving temperature, consistent with the City's confirmed operating model.
• Vehicle. Dedicated delivery vehicle assigned to the Escondido route, with backup vehicle available. Driver time is budgeted at 3 hours per service day (drive round trip plus load/unload), targeting delivery between 10:45 and 11:00 a.m. so meals are in place ahead of the Center's approximately 11:30 a.m. congregate service. Milk and cold side items are handed off to fit within the Center's existing on-site refrigeration (a 33.2 cu. ft. unit for milk and a 21 cu. ft. unit for sides), coordinated with City kitchen staff at each delivery.
• Driver training. All delivery drivers hold California Food Handler Cards and are trained on the AIS Meal Transport Log (Exhibit 6) and on the chain-of-custody handoff at the Park Avenue Community Center.
• Temperature documentation at delivery. Driver and City staff jointly record temperatures of all PHF items on the Meal Transport Log at the point of delivery.

The City signs the receipt. Discrepancies are noted on the receipt form by City staff per RFP Section C(19).
• Short / missing items. Per RFP Section C(5), any items missing or shorted will be delivered to the City immediately upon notification by City staff. Substandard items are replaced at no cost to the City.

5.4 Coordination with City Staff
• Primary contact (City-side). Lina Ildefonso, Park Avenue Community Center, 760-839-4207, [email protected], per Scope of Work Section D. • Primary contact (Contractor-side). Francis (Frank) Rowe, Project Manager, (619) 797-5315, [email protected].
• Daily delivery handoff. Driver and a designated City staff member jointly walk through the delivered items, record temperatures on the Meal Transport Log, count menu items by line (e.g., "salad" and "dressing" listed separately as required by RFP Section C(19)), and sign the receipt.
• Issue escalation. Any in-day issue (delay, shortage, quality concern) is reported immediately by the driver to the Food Service Manager and to City staff. The Project Manager is on call for any escalation that cannot be resolved at the line level.

5.5 Contingency Planning
We have built three layers of redundancy into our operations to ensure delivery is not interrupted by routine operational disruptions:
• Equipment redundancy. Backup hot/cold carriers, backup delivery vehicle, and backup refrigeration capacity at the production facility. Any single piece of equipment can fail without halting service.
• Staffing redundancy. Cross-training of cooks and drivers ensures coverage during illness or vacation. Lead Cook and Food Service Manager roles each have a trained back-up.

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• Supply chain redundancy. At least two qualified vendors per major commodity category (protein, produce, dairy, dry goods). If a primary vendor experiences a stock-out, we shift to the secondary vendor without menu deviation in most cases.

5.6 Holiday and Special Event Logistics
• Recognized holidays. We will not deliver on the holidays listed in Exhibit 4 (Independence Day observed 7/3/2026, Labor Day 9/7/2026, Veterans' Day 11/11/2026, Thanksgiving 11/26/2026, Day After Thanksgiving 11/27/2026, Christmas 12/25/2026, New Year's Day 1/1/2027, Martin Luther King Jr. Day 1/18/2027, Presidents' Day 2/15/2027, Memorial Day 5/31/2027). • Special meal events (up to 4 per year, ~150 meals each). Menu confirmed up to 2 months in advance per RFP Section C(15). Special-event meals are produced on the same day-of-service production timeline with additional staffing scheduled in advance. Holiday/VIP meal planning is built into our annual production calendar at contract start.

5.7 Weather and Other Disruption Planning
If a weather event, road closure, or other disruption threatens the 11:00 a.m. delivery, the Project Manager will notify the City as early as possible and propose either (a) an earlier production and load- out schedule that morning, or (b) a mutually agreed alternative arrival window. We will not deliver overcooked food as a result of an early load-out any production timing change is coordinated to preserve temperature and quality.

5.8 30-Day Transition and Implementation Plan
The RFP requires the contractor to enter into the agreement within 30 calendar days of notice of award. Rowe Solutions will execute the following 30-day transition plan immediately upon notice of award to ensure full operational readiness and uninterrupted meal service beginning October 1, 2026. The plan is organized into four weekly phases, each with defined activities and completion targets, and concludes with a complimentary pilot meal and a documented go-live readiness confirmation with the City.

Phased Transition Schedule
Phase Timeframe Key Activities
Week 1 Days 1–7 • Execute the Public Services Agreement with the City of Escondido.
• Obtain the City of Escondido Business License.
• Submit certificates of insurance evidencing the required $2M / $4M general liability, commercial auto, and cargo coverage.
• Schedule and hold an on-site orientation at the Park Avenue Community Center with Lina Ildefonso and City
staff.
• Confirm the secured commissary kitchen and finalize the production schedule.

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Week 2 Days 8–14 • Submit the first 4-week cycle menu to the San Diego County Registered Dietitian for AIS approval.
• Confirm daily supply chain and standing orders with
food distributors (US Foods and approved vendors).
• Finalize the Meal Transport Log format and reporting templates with City staff.
• Onboard and credential delivery driver and kitchen staff; complete food-handler certifications.

Week 3 Days 15–21 • Conduct a practice production run at full volume (115 meals).
• Test the delivery route and timing from the commissary to Park Avenue Community Center for on-time 11:00 a.m.
arrival.
• Calibrate all thermometers and verify hot/cold carrier temperature maintenance over the full transit distance. • Confirm packaging, labeling, and portion specifications against the approved menu.

Week 4 Days 22–30 • Deliver a complimentary pilot meal to City staff for quality and presentation review.
• Finalize the weekly ordering schedule and daily
meal-count process.
• Begin accepting daily meal-count orders for the first service week.
• Confirm go-live readiness and contingency/backup
procedures with the City.

Readiness Milestones at a Glance
The following milestones serve as the City’s checkpoints for confirming operational readiness ahead of the October 1, 2026 service start.

Readiness Milestone Completion Target
Signed Public Services Agreement Day 7
City Business License issued Day 7
Certificates of insurance accepted by City Day 7
First 4-week menu approved by County Registered
Dietitian
Day 14
Supply chain and distributor orders confirmed Day 14
Full-volume practice run (115 meals) completed Day 21
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Delivery route, timing, and temperature controls
verified
Day 21
Pilot meal reviewed and approved by City Day 28
Daily ordering process live; first service week
scheduled
Day 30
Throughout the transition period, Rowe Solutions will maintain a single point of contact for the City, provide weekly progress updates, and escalate any risk to the October 1 start date immediately so that mitigation steps can be taken well in advance of the service commencement.

Internal Nutrition Review:

Kelly Powers, MA, RDN will complete nutritional review and nutrient analysis before the initial four-week menu cycle is submitted for applicable City/County/AIS review.

Service Continuity Commitment
Rowe Solutions commits that all licensing, insurance, dietitian menu approval, staffing, supply chain, and delivery-logistics testing will be complete and verified before the first day of service.

In the event any milestone is at risk, Rowe Solutions will notify the City’s designated representative without delay and implement contingency measures, including backup commissary capacity and alternate delivery routing to guarantee that meal service to the Park Avenue Community Center begins on schedule and continues without interruption.

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6 Meal Packaging, Service Model & Participant Experience Rowe Solutions' proposed meal packaging, transport, and service model is built directly around the City's confirmed operating approach at the Park Avenue Community Center: meals are delivered in bulk, City kitchen staff receive, portion, and plate meals on site, and volunteer servers deliver meals to participants. The sections below address each element of the RFP's Meal Packaging, Service Model, and Participant Experience requirement.

6.1 Proposed Service Model
Rowe Solutions proposes a bulk delivery service model, matching the City's current operation.

Meals are prepared and portioned into full-size transport pans at our production facility, then delivered to the Park Avenue Community Center in insulated hot- and cold-holding carriers.

City kitchen staff receive the bulk pans, portion individual servings, and plate meals for service; volunteer servers deliver plated meals to participants. This model requires no change to the Center's existing serving workflow.

6.2 Hot and Cold Meal Approach
Hot congregate meals are the primary service format, consistent with the RFP's expectation that approximately 90% of meals served annually will be hot. Because the Center's on-site equipment — two hot boxes and a four-compartment steam table — is designed to hold food at temperature rather than reheat it, Rowe Solutions loads every hot pan at or above 135°F immediately before departure so it arrives already at serving temperature and requires holding only, not reheating. Cold items (milk, fruit, and periodic cold entrées) are transported in the same carrier body using its cold configuration and held at or below 41°F throughout transport, consistent with AIS Exhibit 5.

6.3 Meal Packaging, Portioning, and Temperature Control Meals are transported in full-size, 4-inch aluminum pans (three pans per carrier), each filled to a safe transport level of approximately 18 lb. Carriers are Cambro UPCS400 Ultra Pan Carrier units or equivalent, each configured for either three hot pans or the equivalent cold-holding load.

A normal 115-meal service day requires 3 hot carriers and 2 cold carriers (5 total); a 150-meal special event day requires 4 hot and 2 cold (6 total). Rowe Solutions maintains a fleet of 7 carriers — including one spare unit held in reserve for daily wash-down rotation — so that cleaning and maintenance cycles never put a scheduled delivery at risk. Pans are labeled with item, date, and temperature per Exhibit 5, and secured with pan-clip strapping to prevent lid lift across the approximately 88-mile round-trip route.

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6.3A | Rowe Solutions — Production, Portioning & Quality Control FROM PRODUCTION TO PORTION CONTROL -Every meal begins with disciplined production, standardized portions, and documented quality controls.

Production Built for Consistency and
Scale
Rowe Solutions prepares meals in a
controlled, health-inspected production
environment using standardized recipes,
portioning practices, and food-safety
procedures. Meals are prepared in
planned production batches and
portioned to consistent yields before
transport, allowing the Park Avenue
Community Center team to receive
clearly identified, service-ready bulk
pans that support efficient onsite plating.

Our production approach is designed to
preserve consistency across the
approximately 115-meal daily
requirement while maintaining the
capacity to respond to special-event
volumes and approved meal-count
adjustments.
● STANDARDIZED PORTIONS
Consistent yields and fill levels
● CONTROLLED HANDOFF
Labeled pans and documented
temperatures
● READY FOR SERVICE
Bulk meals prepared for efficient
onsite plating

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6.3B|From Bulk Preparation to Participant-Ready Meals

CONSISTENCY AT EVERY SERVING -
Representative plated meal presentation demonstrating the quality, balance, portion discipline, and visual appeal Rowe Solutions brings to congregate meal service.

Rowe Solutions recognizes that senior nutrition is more than delivering calories - it is delivering a meal that participants can recognize, enjoy, and approach with confidence. Our preparation and portioning practices are designed to support attractive presentation, appropriate serving sizes, ease of handling, and a consistent dining experience at the congregate site.

Prepare → Transport → Receive → Portion → Plate → Serve Rowe Solutions' model requires no new equipment or infrastructure investment from the City.

Meals arrive in bulk for onsite portioning and plating, using the Park Avenue Community Center's existing hot boxes, steam table, and refrigeration capabilities.

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6.3C|More Than A Meal

A QUALITY PARTICIPANT EXPERIENCE -
Every meal is an opportunity to support nutrition, independence, dignity, and community.

Rowe Solutions approaches congregate meal service with the understanding that food quality is inseparable from participant experience. Our goal is to provide meals that are nutritionally compliant, safely prepared, consistently portioned, and visually appealing while supporting the welcoming, dignified environment expected of a senior nutrition program.

The representative meal presentation below illustrates the level of care Rowe Solutions brings from preparation through final service. Consistency in portions, presentation, and meal components helps create a dependable experience participants can look forward to each service day.
● NUTRITIONALLY ALIGNED
Designed around approved program requirements
● CONSISTENT
Standardized preparation and portioning
● APPEALING
Thoughtful presentation that encourages participation
● DIGNIFIED
A meal experience appropriate for older adults

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6.4 On-Site Plating and Service Requirements
Meals require on-site plating; they are not individually pre-packaged. This is intentional and matches the City's confirmed process: City kitchen staff portion and plate meals from the bulk pans upon delivery, and volunteer servers deliver plated meals to participants. Rowe Solutions' pan sizing and labeling are designed specifically to make this hand-off efficient - each pan is portioned to a known per-meal yield so City staff can plate consistently without re-weighing individual servings.

6.5 Participant Experience
Rowe Solutions shapes the participant experience through what we control before a meal ever reaches the serving line: consistent portioning, clearly labeled pans, and predictable fill levels that let City staff and volunteers plate quickly and confidently. This directly supports meal presentation, accessibility, and pacing at the serving line, where City kitchen staff and volunteers take over for final plating and service. Our Quarterly Menu Tasting and Participant Feedback Sessions (Section 8.1) give participants a direct channel to comment on presentation and taste, which we incorporate into future menu cycles.

6.6 Equipment and Support Required from the City
Rowe Solutions requires no new equipment or infrastructure investment from the City. Our proposal is built entirely around the Center's existing capability: two hot boxes and a four-compartment steam table for holding, and on-site refrigeration (a 33.2 cu. ft. unit for milk and a 21 cu. ft. unit for sides) for cold storage between delivery and service. All transport carriers, pans, and packaging are supplied and maintained by Rowe Solutions at no additional cost to the City.

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7 Cost Proposal
Rowe Solutions proposes the per-meal rates below. These rates are firm fixed prices for the Initial Term (October 1, 2026 – June 30, 2029) and are held open for 90 days from the Submission Deadline. The rates include all anticipated costs associated with the services:
menu planning and registered dietitian review, raw food and ingredients, consumable packaging, kitchen labor, kitchen overhead, food safety and temperature documentation, delivery to the Park Avenue Community Center, transport equipment, fuel, and administrative overhead and profit.

Rowe Solutions self-imposes a price cap on both renewal option years: any increase is contractually limited to the percentage change in the CPI-U Food Away From Home index for the San Diego–Carlsbad CBSA never an arbitrary escalator (Section 7.3). Most bidders do not offer this discipline; it means the City's cost exposure in the renewal years is bounded by an independently published, verifiable index, not by Rowe Solutions' discretion.

Pricing is structured to fit within the City's $311,610 annual budget at the projected meal volumes outlined in the RFP.

7.1 Per-Meal Rates

Service Unit Rate
Congregate Meal (standard daily menu)
— base meal rate
Per meal $7.9679
Delivery Charge to Park Avenue
Community Center
Per meal $1.9058
All-in Congregate Meal rate (meal +
delivery)
Per meal $9.8737

This rate reflects genuine cost efficiency, not a thin margin masking risk. Rowe Solutions' existing production capacity of more than 1,160 meals per day at our Health Inspected San Diego facility (Sections 2.1, 4.1) means the roughly 115 daily meals required under this contract are absorbed into already-established kitchen labor, supervision, and overhead — the City is not paying to stand up new fixed capacity, only the marginal cost of incremental volume. In addition, this rate is fixed through the full Initial Term (Years 1–3) with no escalation whatsoever until the first renewal option, and even then only by the published, CPI-indexed cap described above and in Section 7.3 — meaning Rowe Solutions, not the City, bears the risk of food and labor cost inflation for the first three years of the contract.

7.2 Estimated Annual Cost
Based on the meal volumes described in the RFP, the estimated annual cost under this contract is as follows. Actual annual cost will vary based on actual daily meal counts; the City is charged only for meals ordered and delivered.

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Item Volume Unit Rate Extended
Year 1 base — Oct 1, 2026 –
Jun 30, 2027 (187 service
days × 115 meals/day)
21,505 meals $9.8737 $212,333.61
Year 2 base — Jul 1, 2027 –
Jun 30, 2028 (252 service
days × 115 meals/day)
28,980 meals $9.8737 $286,139.41
Year 3 base — Jul 1, 2028 –
Jun 30, 2029 (250 service
days × 115 meals/day)
28,750 meals $9.8737 $283,868.46
Special event increment
(+140 meals/year: 4 events ×
35 incremental meals above
the 115/day base)
140 meals/year $9.8737 +$1,382.32/year
Year 1 Total (incl. special
events)
21,645 meals — $213,715.92
Year 2 Total (incl. special
events)
29,120 meals — $287,521.72
Year 3 Total (incl. special
events)
28,890 meals — $285,250.78
Initial Term Total (Oct 1,
2026 – Jun 30, 2029)
79,655 meals $786,488.42
RFP Annual Budget Ceiling
(per year)
$311,610.00
Headroom — Year 2
(highest-volume full year)
$24,088.28

7.3 Pricing for Option Years
Per Scope of Work Section F, the Agreement provides for two successive one-year options to extend, subject to funding availability and City Council appropriation. For each renewal period, Rowe Solutions stipulates that any increase in pricing shall not exceed the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), Food Away From Home, San Diego–Carlsbad, CA Core Based Statistical Area (CBSA), not seasonally adjusted, annual average, base period 1982–84 = 100, as published by the U.S.

Bureau of Labor Statistics measured as required by Section F. All price adjustments will be subject to City written approval and documented in the renewal amendment. No price increase is automatic or guaranteed.

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7.4 Invoicing and Payment Terms
• Frequency. Monthly, in arrears, per RFP Section H(20). • Delivery. Submitted to City of Escondido, Park Avenue Community Center, ATTN: Lina Ildefonso, 210 E. Park Avenue, Escondido, CA 92025, or via email to [email protected].
• Invoice contents. Purchase Order number, description of services rendered, rates, quantities, extended totals, and remaining balances. Any applicable sales or other taxes are included and remitted by Rowe Solutions to the appropriate agencies on the City's behalf.
• Payment terms. Net 30 days from date of invoice, as required by RFP Section H(21). • Pre-payment. None requested or required.

7.5 Other Pricing Notes
• Sub-standard or missing meals. Per RFP Section C(19), the City will not be required to pay for food or service not meeting specifications. We assume responsibility for any meals replaced or sourced from alternate vendors due to our failure to deliver, at no cost to the City.
• Inclusions. All costs of menu development, RD review, food, packaging, kitchen labor, kitchen overhead, transport equipment, vehicles, fuel, driver labor, food safety documentation, insurance compliant with Exhibit 1 Section 6, City of Escondido Business License, indemnification reserves, and reasonable profit are included in the per-meal rates above.
• Exclusions. Per RFP Section C(20), the City will provide beverages (excluding milk and any beverage that is part of the nutritional meal requirement) and all cutlery, service utensils, trays, and other non-dietary items. We will provide all condiments normally associated with menu items.
• Menu consultant review. Per the contractor's standard operating approach, no separate menu consultant review fee is charged to the City.

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8 Value-Added Services
Beyond the baseline scope, Rowe Solutions offers the following value-added services and program enhancements to the City of Escondido at no additional cost. These reflect capabilities we already operate as part of our broader senior nutrition and human services portfolio, which we are pleased to extend to the Park Avenue Community Center community.

8.1 Quarterly Menu Tasting and Participant Feedback Sessions Once per quarter, Rowe Solutions will host an on-site or virtual menu tasting and feedback session at the Park Avenue Community Center. New or rotated menu items are sampled by participants and City staff, and feedback is collected in a short structured form. This data is used to refine the menu and increase participant satisfaction. No charge.

8.2 Cultural and Holiday Menu Specials
In addition to the four contracted special holiday meals, Rowe Solutions will offer two additional cultural or seasonal menu specials per year at no additional charge for example, a Lunar New Year-themed lunch or a Veteran's Day appreciation meal coordinated with City staff and reflecting the cultural makeup of the participant base. These will be incorporated within the standard daily meal count and standard per-meal rate.

8.3 Workforce Pipeline and Community Hiring
Rowe Solutions actively hires from partner workforce-development programs across San Diego County, including Episcopal Community Services (ECS) and Kitchens for Good.

Personnel assigned to City of Escondido production are sourced in part from these pipelines, which strengthens the local workforce while supporting the City's broader community values. We will provide an annual summary of community-hire data to the City upon request.

8.4 Nutrition Education Materials
Once per quarter, Rowe Solutions will provide a one-page nutrition education handout (in English and Spanish) keyed to the upcoming menu cycle for example, "Why we serve dark leafy greens twice a week" or "Reading sodium labels." These materials can be distributed at the Park Avenue Community Center to support participant education and program engagement.

8.5 Emergency / Surge Meal Capacity
In the event of a community emergency declared by the City or the County of San Diego (e.g., extreme heat event, wildfire smoke event, public health emergency), Rowe Solutions can provide a documented capability to surge up to an additional 200 meals on short notice from our existing kitchen capacity, with pricing held to the contracted per-meal rate. This is in addition to the standard ±10 meal day-of-service flexibility specified in RFP Section C(3).

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8.6 Open-Book Cost Transparency
Upon city request, Rowe Solutions will provide actual raw food cost and direct labor cost data for the contract on a quarterly basis supporting the project-reporting requirement in RFP Section C(12). This transparency makes future budget planning easier for the city and supports AIS grant reporting.

8.7 Coordination with Local Nonprofit Network
Through our active relationships with McAlister Institute (Frank Rowe is a board member), Episcopal Community Services, UPAC, ECTLC (Advisory Board), Kitchens for Good, and Recovery Residence Association, we can support warm referrals for senior participants who may benefit from adjacent services (substance use treatment, housing support, case management). This is offered as informal community navigation, not as a contracted service, and is provided to the city at no cost.

8.8 Single Project Manager and Direct CEO Access
Frank Rowe, founder and CEO, serves as the single point of contact for this contract. The City does not have to navigate layers of account managers to escalate an issue. This is a structural commitment that improves responsiveness and accountability.

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9 General Conditions Response

9.1 Point-by-Point Acknowledgment (RFP Section H)
Rowe Solutions responds point-by-point to the General Conditions in RFP Section H, as required for a responsive proposal under RFP 26-31:

General Conditions
Item
Rowe Solutions' Response
H.1 Public
Information
Acknowledged — City may retain and use proposal contents.

H.2 Confidential
Information
Acknowledged — no confidential/proprietary content submitted; see Section 9.4.

H.3 Addendums Acknowledged — receipt of the July 29, 2026 Notice to Responders and Addendum 1 confirmed and incorporated.

H.4 Proposal
Preparation Cost
Acknowledged — no reimbursement requested, including for optional sampling (Section 11).

H.5 Withdrawal of
Proposal
Acknowledged — right to withdraw/modify prior to the Submission Deadline understood.

H.6 Inaccuracies or
Misinterpretations
Acknowledged — understands termination risk for material misstatement or inaccurate information.

H.7 Optional Items Not applicable — no separate optional-item pricing submitted.

H.8 Business
License
Acknowledged — City of Escondido Business License to be obtained per the Transition Plan (Section 5.8).

H.9 Signature Acknowledged — proposal bears the original longhand signature of a duly authorized representative.

H.10 Right to Reject
Proposal
Acknowledged — City may reject any/all proposals without justification.

H.11 Right to
Conduct Personal
Interviews
Acknowledged — Frank Rowe and key personnel available for interviews if requested.

H.12 Right to
Request Additional
Information
Acknowledged — will furnish additional information as reasonably requested.

H.13 Right to
Determine Financial
Responsibility
Acknowledged — will provide financial information as reasonably requested.

H.14 Understanding
Services to be
Performed
Acknowledged — scope, nature, and quality of required services fully understood.

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H.15 Award of
Contract
Acknowledged — award based on price plus Section G evaluation criteria, not price alone.

H.16 Contract
Funding
Acknowledged — funding subject to the City's annual appropriation process.

H.17 City Provisions
to Prevail
Acknowledged — no exception taken; Rowe Solutions will not substitute its own terms.

H.18 Equal
Employment
Opportunity
Acknowledged — complies with applicable EEO and
non-discrimination requirements.

H.19 Public Services
Agreement
Acknowledged — see Section 12 (Public Services Agreement Acknowledgment).

H.20 Prospective
Contractor's Invoices
Acknowledged — see Cost Proposal Section 7.4 (Invoicing and Payment Terms).

H.21 Payment Terms Acknowledged — Net 30 days from invoice date; no pre-payment requested.

H.22 Insurance
Requirements
Acknowledged — required coverages included per Section 7.5; evidenced per the Transition Plan (Section 5.8).

H.23 Public Agency
Clause
Acknowledged — see Section 9.3. Option granted: YES.

9.2 Acceptance of RFP Terms
By submitting this proposal in response to RFP No. 26-31, Rowe Solutions, Inc. certifies and acknowledges the following, per RFP Sections F and H:
• Rowe Solutions has fully read and understood RFP No. 26-31 and all exhibits and has full knowledge of the scope, nature, quantity, and quality of services to be performed.
• Rowe Solutions takes no exception to the terms and requirements of the RFP, including the form Public Services Agreement (Exhibit 1). • Rowe Solutions agrees to enter into a written contract in substantially the same form as Exhibit 1 within 30 calendar days of notice of award. • Rowe Solutions will obtain and maintain a City of Escondido Business License pursuant to RFP Section H(8) and Exhibit 1 Section 19 prior to execution of the Agreement.
• Rowe Solutions will procure and maintain all insurance coverages required by Exhibit 1 Section 6, including Commercial General Liability ($2M per occurrence / $4M aggregate), Automobile Liability ($1M), and Workers' Compensation (Statutory / $1M Employer's Liability), with the City named as additional insured and primary coverage as specified.
• Rowe Solutions acknowledges that, as a subcontractor of the City under this Agreement, it is subject to all clauses, restrictions, mandates, terms, requirements, Page | 40
Attachment "1" 235
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and conditions of the Senior Nutrition Program Agreement between the County of San Diego and the City (Contract No. 570894 — Exhibit 8), including but not limited to Articles 3, 7, 8, 9, 10, 11, 12, 13, 14, and 16. and Section 4.16 of Article 4.
• Rowe Solutions affirms compliance with the County of San Diego Affirmative Action Program per RFP Section C(14).
• Rowe Solutions complies with the Immigration Reform and Control Act of 1986 (Exhibit 1 Section 22) and all applicable federal, state, and local laws. • Rowe Solutions confirms compliance with Equal Employment Opportunity provisions of federal, state, and local non-discrimination laws (RFP Section H(18)). • This proposal is firm and held open for 90 days from the submission deadline.

9.3 Public Agency Clause (RFP Section H(23))
Rowe Solutions grants the option for other public agencies (city districts, public authorities, municipal utilities, public school districts, and other political subdivisions or public corporations of California) to participate in any award made as a result of this solicitation.

Option Granted: ☒ YES ☐ NO

9.4 Confidentiality
Rowe Solutions has not designated any portion of this proposal as confidential or proprietary. All content is submitted as public information subject to the terms of RFP Section H(1) and H(2).

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Non-Collusion Declaration (Exhibit 9)
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8 Attachment "1"
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Optional Meal Sampling
If requested by the City during the evaluation process, Rowe Solutions will provide up to 10 sample meals at no cost to the City, representative of the proposed menu, preparation methods, packaging, portion sizes, and service model described in Sections 3 and 6 of this proposal.

Rowe Solutions understands that this cost is not reimbursed by the City per RFP Section H(4) and has budgeted for it internally as part of the fully burdened per-meal rate in Section 7; no separate charge or adjustment to the Cost Proposal is required if sampling is requested.

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Public Services Agreement Acknowledgment
Rowe Solutions has reviewed the City's standard Public Services Agreement (Exhibit 1) in full, including Attachment A (Scope of Work) and all referenced exhibits, and takes no exceptions to its terms.

Rowe Solutions will execute the Agreement in substantially the same form as Exhibit 1 within 30 calendar days of the City's notice of award, consistent with the commitment stated in the Cover Letter and in Section 9.2 of this proposal. No waiver of, or proposed change to, Exhibit 1 is submitted with this proposal; per RFP Section F, any such waiver or change would need to be clearly identified here, and none is.

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Addendum Acknowledgement
Rowe Solutions, Inc. acknowledges receipt of, has reviewed in full, and has incorporated into this proposal the following addenda issued by the City of Escondido in connection with RFP No. 26-31: (1) the Notice to Responders – Answers to Questions, dated July 29, 2026; and (2) Addendum 1 – Older Californians Nutrition Program Menu Guidance, issued by the California Department of Aging, Nutrition and Wellness Bureau. Rowe Solutions confirms that the requirements, clarifications, and guidance contained in both addenda are reflected throughout this proposal, including but not limited to the Menu Planning and Nutritional Compliance narrative (Section 3), the Meal Packaging, Service Model & Participant Experience narrative (Section 6), and the General Conditions Response (Section 9). No further addenda have been received as of the date of this submission.

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Closing Commitment
Rowe Solutions is prepared to deliver more than a meal—we are prepared to deliver a dependable, safe, nutritious, and respectful nutrition service that the City of Escondido and its older adult community can count on.

Our commitment is grounded in disciplined food preparation, rigorous food-safety practices, reliable delivery, nutritional compliance, consistent quality, and responsive partnership with City staff. We understand the importance of every meal served and the trust placed in the organization responsible for providing it.

We look forward to partnering with the City of Escondido to provide meals that nourish, support, and contribute to a positive congregate dining experience for the older adults we are privileged to serve.

Rowe Solutions - Prepared with Care. Delivered with Confidence. Served with Purpose.

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STAFF REPORT

September 16, 2026
File Number 0640-30

SUBJECT

CITY CONFLICT OF INTEREST CODE UPDATE

DEPARTMENT
City Attorney

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-160, amending the City of Escondido’s Conflict of Interest Code pursuant to the California Political Reform Act , to update the list of designated public employees and public officials who are required to file a statement of economic int erest and provide required disclosure categories.

Staff Recommendation: Approval (City Attorney: Dare DeLano, Interim City Attorney) Presenter: Dare DeLano, Interim City Attorney
ESSENTIAL SERVICE – Yes, internal requirement
COUNCIL PRIORITY –

FISCAL ANALYSIS
None

PREVIOUS ACTION
The City first adopted the Conflict of Interest Code pursuant to the requirements of the Political Reform Act in 1980. The City Council last amended the City’s Conflict of Interest Code in 2024 with Resolution No. 2024-124.

BACKGROUND
The City of Escondido and its agencies are subject to the requirements of the Political Reform Act (California Government Code Section 81000, et seq .) and regulations governing conflicts of interest.

Government Code Section 87200 specifically li sts officials who are required to file a statement of economic interest including Council Members, the City Manager, the City Attorney, the City Treasurer, Planning Commissioners, and City officials and employees who manage public investments (i.e. the Cit y of Escondido Director of Finance).
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In addition to these statutory filing requirements, the Political Reform Act requires the City of Escondido and its agencies to adopt and promulgate a Conflict of Interest Code that includes a list of designated positions and disclosure categories. The City designates positions based on the individuals in those positions making or participating in governmental decisions. “Making a decision ” means voting on a matter, approving the budget, adopting policy, making purchasing decisions, and entering into contracts. “Participating” means negotiating the terms of a contract, writing the specifications of a bid, or advising or making recommendations to the decision maker or governing body without significant intervening substantive review. “Participating” does not mean clerical, secretarial, or ministerial tasks.

The Political Reform Act requires each local government agency to review its Conflict of Interest Code biennially. As part of a biennial review, the proposed Resolution adopts the latest version of the California Fair Political Practices Commission (“FPPC”) standard conflict of interest code and updates the City’s list of designated positions. The employees, consultants, and contractors who fill designated positions will be required to complete FPPC Form 700 (Statement of Economic Interests) each year.

PROPOSED CHANGES
The proposed changes primarily reflect reorganization efforts and should have little substantive impact on the reporting requirements of individual employees and officials. The following table shows the key changes in designated positions since last updated in 2024:

DESIGNATED POSITIONS DISCLOSURE CATEGORY CHANGE
CITY MANAGER’S OFFICE
Management Analyst I 2, 4, 6 Add
Management Analyst II 2, 4, 6 Add
Director of Economic Development 2, 4, 6 Delete
Real Property/Management Analyst 2, 3, 4, 6 Delete

DEVELOPMENT SERVICES
Assistant Director of Development Services 3, 4, 6 Add
City Engineer 2, 3, 4, 6 Add
Assistant City Engineer 2, 3, 4, 6 Add
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DESIGNATED POSITIONS DISCLOSURE CATEGORY CHANGE
Design and Construction Project Manager 2, 3, 4, 6 Add
Engineering Manager 2, 3, 4, 6 Add
Principal Engineer 3, 4, 7 Add
Project Manager 2, 3, 4, 6 Add
Real Property Agent 2, 3, 4, 6 Add
Housing and Neighborhood Services Manager 2, 3, 4, 6 Add

COMMUNICATIONS
Director of Communications 6 Add
Communications Manager 6 Add

COMMUNITY SERVICES
Assistant Director of Communications 6 Delete
Communications Manager 6 Delete

ECONOMIC DEVELOPMENT
Director of Economic Development 2, 4, 6 Add
Economic Development Manager 2, 4, 6 Add
Real Property/Management Analyst 2, 3, 4, 6 Add

City Engineer 2, 3, 4, 6 Delete
Assistant City Engineer 2, 3, 4, 6 Delete
City Traffic Engineer 2, 3, 4, 6 Delete
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DESIGNATED POSITIONS DISCLOSURE CATEGORY CHANGE
Design and Construction Project Manager 2, 3, 4, 6 Delete Engineering Manager 2, 3, 4, 6 Delete
Principal Engineer 3, 4, 7 Delete
Project Manager 2, 3, 4, 6 Delete

PUBLIC WORKS
City Traffic Engineer 2, 3, 4, 6 Add
Project Manager 2, 3, 4, 6 Add

FINANCE
Revenue Manager 6 Delete

FIRE DEPARTMENT
Emergency/Disaster Preparedness Manager 6 Delete
Emergency Preparedness Manager 6 Add

Housing and Neighborhood Services Manager 2, 3, 4, 6 Delete

HUMAN RESOURCES
Human Resources Analyst II 6 Add

INFORMATION SYSTEMS
Enterprise Software Manager 6 Add

UTILITIES
Principal Engineer 3, 4, 7 Add
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DESIGNATED POSITIONS DISCLOSURE CATEGORY CHANGE
Project Manager 2, 3, 4, 6 Add
Utilities Construction Project Manager 2, 3, 4, 6 Delete Utilities Construction Manager 2, 3, 4, 6 Add
Utilities Analyst 2, 3, 4, 6 Add
Staff recommends updating the City’s Conflict of Interest Code, based upon the state’s model code, attached as Exhibit “A” to Resolution No. 2026-160. The state’s model code had two minor changes since the last amendment to the City’s Conflict of Interest Code. One change in section 8.1 reflects raising the reportable gift limit from $590 to $630 in a calendar year. The other change, in section 4, allows the agency to instruct employees to file statements of economic interests with the Fair Political Practices Commission using the Commission’s electronic filing system.

RESOLUTIONS
a. Resolution No. 2026-160
b. Resolution No. 2026-160 – Exhibit “A”— City of Escondido Conflict of Interest Code

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RESOLUTION NO. 2026-160

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AMENDING THE CITY’S

CONFLICT OF INTEREST CODE PURSUANT TO THE

CALIFORNIA POLITICAL REFORM ACT

WHEREAS, the Political Reform Act, (California Government Code section 81000, et seq.) requires the City of Escondido (“City”) and all local government agencies adopt and promulgate a conflict of interest code, adopt disclosure categories, and designate those public officials and employees who must comply with the requirements of the Code; and
WHEREAS, the California Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. section 18730) that contains the terms of a standard conflict of in terest code, which can be incorporated by reference in an agency’s code; and
WHEREAS, after public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act; and WHEREAS, on July 9, 1980, the City originally adopted the Fair Political Practices Commission's standard model Conflict of Interest Code by Resolution No. 80-141, and has continued to maintain such a code in effect, together with disclosure categories and a list of those positions subject to the requirements of the Conflict of Interest Code; and
WHEREAS, the Political Reform Act requires every local government agency to review its conflict of interest code biennially to determine whether the Code must be amended; and WHEREAS, the City Council last revised the City’s Conflict of Interest Code with Resolution No. 2024-124, and the City now desires to amend and update its Conflict of Interest Code including the 247
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list of designated positions.

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

1. That the above recitations are true.

2. That Exhibit “A” is adopted and incorporated by this reference and shall be known as the City of Escondido Conflict of Interest Code.
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City of Escondido Conflict of Interest Code
The Political Reform Act (Gov. Code Sec. 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Sec. 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix, designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Escondido (City).

Designated employees shall file their statements of economic interests with the City Clerk, who will make the statements available for public inspection and reproduction . (Gov.

Code Sec. 81008). Upon receipt of the statement for those positions listed in Government Code Section 87200, the City Clerk shall make and retain copies and forward the originals to the Fair Political Practices Commission. All other statements will be retained by the City Clerk.

California Fair Political Practices Commission Standard Code 2 CCR § 18730. Provisions of Conflict of Interest Codes. (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq . The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:

Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code.

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Section 2. Designated Employees.

The persons holding positions listed in the Appe ndix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests.

Section 3. Disclosure Categories.

This code does not establish any d isclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdi ction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests ar e reportable. Such a designated employee shall disclose in the employee’s statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Append ix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee’s office.

Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code or with the Fair Political Practices Commission using the Commission’s electronic filing system as required under Section 87500.2

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Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions aft er the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall f ile statements no later than April 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person’s return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provide s the filing officer verification of the person’s military status.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.

Sections 5.1, 5.2, 5.3 and 5.4. Omitted.

Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have a ssumed office or left office, provided the person did not make or participate in the making of, or use the person’s position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person’s appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.

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Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real prop erty, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754.
(D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.

Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property 3 is required to be reported, 4 the statement shall contain the following:

1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property; 252
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4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported, 5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 o r less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
(D) Business Position Disclosure. When business positio ns are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.

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Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member’s or employee’s statement of economic interests. (B) This section shall not apply to any part -time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506.

Section 8.1. Prohibition on Receipt of Gifts in Excess of $630. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $ 630 in a calendar year from any single s ource, if the member or employee would be required to report the receipt of income or gifts from that source on the member’s or employee’s statement of economic interests.
(B) This section shall not apply to any part -time member of the governing board of a ny public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.

Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which 254
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that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose dut ies are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for a ny person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998.

Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer’s election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, pa rent-in-law, brother -in-law, sister -in-law, nephew, niece, 255
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aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.

Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimate ly discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
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Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee’s official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official’s immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $630 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.

Sections 9.1 and 9.2. Omitted.

Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee’s participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employee’s participation legally required for purposes of this section.

Section 9.4. Omitted.

Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official’s official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any m ember of the official’s immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or 257
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(B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more.

Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest.

Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee’s agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.

Section 12. Violations.

This code has the force and effect of law. Designated employees violating any prov ision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Se ction 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. __________________

Endnotes
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer.
3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an indi vidual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which 258
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the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
5 A designated employee's income includes the employee’s community property interest in the income of the employee’s spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

NOTE: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code.
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APPENDIX

City of Escondido Designated Positions/Form 700 Filing Required

DESIGNATED POSITIONSi DISCLOSURE CATEGORY
CITY ATTORNEY’S OFFICE
Assistant City Attorney 2, 4, 6
Senior Deputy City Attorney 2, 4, 6
Deputy City Attorney 2, 4, 6

CITY CLERK
City Clerk 2, 4, 6
Assistant City Clerk 2, 4, 6
Deputy City Clerk 2, 4, 6
CITY MANAGER’S OFFICE
Assistant City Manager 2, 4, 6
Deputy City Manager 2, 4, 6
Management Analyst I 2, 4, 6
Management Analyst II 2, 4, 6

DEVELOPMENT SERVICES
Director of Development Services 3, 4, 6
Assistant Director of Development Services 3, 4, 6
City Planner 3, 4, 6
Senior Planner 3, 4, 6
Associate Planner 3, 4, 6
Principal Planner 3, 4, 6
Building Official 3, 4, 6
Assistant Building Official 3, 4, 6
Code Compliance Manager 3, 4, 6
City Engineer 2, 3, 4, 6
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DESIGNATED POSITIONSi DISCLOSURE CATEGORY
Assistant City Engineer 2, 3, 4, 6
Design and Construction Project Manager 2, 3, 4, 6
Engineering Manager 2, 3, 4, 6
Principal Engineer 3, 4, 7
Project Manager 2, 3, 4, 6
Real Property Agent 2, 3, 4, 6
Housing and Neighborhood Services Manager 2, 3, 4, 6

COMMUNICATIONS
Director of Communications 6
Communications Manager 6

COMMUNITY SERVICES
Assistant Director of Community Services 2, 4, 6
Community Services Manager 7

ECONOMIC DEVELOPMENT
Director of Economic Development 2, 4, 6
Economic Development Manager 2, 4, 6
Real Property/Management Analyst 2, 3, 4, 6

PUBLIC WORKS
Director of Public Works 2, 3, 4, 6
Assistant Director of Public Works 2, 3, 4, 6
Public Works Manager 2, 3, 4, 6
City Traffic Engineer 2, 3, 4, 6
Project Manager 2, 3, 4, 6
Facilities Maintenance Manager 3, 6
Fleet Maintenance Manager 3, 6

FINANCE
Director of Finance 2, 4, 6
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Finance Manager 6
Collections Specialist 6
Purchasing Supervisor 6

FIRE DEPARTMENT
Fire Chief 2, 3, 4, 6
Deputy Fire Chief 7
Fire Division Chief 3, 7
Fire Battalion Chief 3, 7
Fire Marshal 3, 7
Deputy Fire Marshal 3, 7
Fire Administrative Services Manager 6
Emergency Preparedness Manager 6
Emergency Medical Services Program
Coordinator
6 HUMAN RESOURCES
Director of Human Resources 6
Human Resources Manager 6
Risk and Safety Manager 6
Senior Human Resources Analyst 6
Human Resources Analyst II 6

INFORMATION SYSTEMS
Chief Information Officer 6
Assistant Director of Information Systems 6
Enterprise Software Manager 6
Network Manager 6
Geographic Information Systems Manager 6
Public Safety Systems Manager 6

POLICE DEPARTMENT
Chief of Police 2, 3, 6
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Police Captain 2, 3, 6
Assistant Director of Police Support Services 2, 3, 6
Police Lieutenant 2, 3, 6
Police Business Manager 2, 3, 6
Police Support Services Manager 2, 3, 6
Public Safety Communications Manager 7

UTILITIES
Director of Utilities 2, 3, 4, 6
Assistant Director of Utilities/Construction and
Engineering
2, 3, 4, 6
Principal Engineer 3, 4, 7
Project Manager 2, 3, 4, 6
Assistant Director of Utilities/Wastewater 2, 3, 4, 6
Assistant Director of Utilities/Water 2, 3, 4, 6
Utilities Construction Manager 2, 3, 4, 6
Utilities Analyst 2, 3, 4, 6
Canal Maintenance Manager 3, 6
Wastewater Operations Manager 3, 6
Water Distribution Manager 3, 6
Water Treatment Plant Manager 3, 6
Wastewater Maintenance Manager 3, 6
Lakes and Open Space Manager 3, 6

BOARDS AND COMMISSIONS
Building Advisory and Appeals Board 3, 7
Historic Preservation Commission 3, 7
Library Board of Trustees 3, 7
Public Art Commission 3, 7
Transportation and Community Safety
Commission
3, 7
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Independent Districting Commission 1
CONSULTANTSii/NEW POSITIONSiii
Consultants 1
New Positions 1
Disclosure Categories
Category 1: All investments, business positions, and sources of income (including loans, gifts, and travel payments) from sources located or doing business in the City of Escondido; all interests in real property located in the City of Escondido or within two miles of any land owned or used by the City of Escondido;
Category 2: All interests in real property located in the City of Escondido; Category 3: All investments, interests in real property and sources of income (including loans, gifts, and travel payments) subj ect to the regulatory, permit or licensing authority of the City of Escondido;
Category 4: Investments in business entities and sources of income (including loans, gifts, and travel payments) which engage in land development, construction or the acquisition or sale of real property;
Category 5: All interests in real property located within two miles of any land owned or used by the City of Escondido;
Category 6: Investments in business entities and sources of income (including loans, gifts, and travel payments) of the type which, within the past two years, have contracted with the City of Escondido to provide services, supplies, materials, machinery, or equipment;
Category 7: Investments in business entities and sources of income (including loans, gifts, and travel payments) of the type which, within the past two years, have contracted with the designated employee's department or board or commission, to provide services, supplies, materials, machinery or equipment.
i Designated Employees are those positions within the City who may exercise independent judgment and make or participate in the making of governmental decisions which may foreseeably have a material effect on any financial interest.

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The following positions are not covered by the code because they must file under Government Code Section 87200 and, therefore, are listed for informational purposes only:

Mayor and City Council Members
City Manager
City Attorney
Planning Commissioners
City Treasurer
Individuals holding the above -listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices makes the final determination whether a position is covered by Government Code Section 87200.
ii Consultant means an individual who, pursuant to a contract with a state or local government agency:
(A) makes a governmental decision whether to
(1) approve a rate, rule or regulation;
(2) adopt or enforce a law;
(3) issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; (4) authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval;
(5) grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (6) grant agency approval to a plan, design, report, study, or similar item; (7) adopt, or grant agency approval of policies, standards, or guidelines for the agency, or for any subdivision thereof; or
(B) serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties fo r the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code.
iii Consultants/New Positions are included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation:
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The City Manager or designee may determine in writing that a particular consultant or new position, although a "designated position," is hired to perform a range of duties that are limi ted in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. Alternatively, the City Manager or designee may complete Form 805, which satisfies the requirements of 2 California Code of Regulations Section 18734. The City Manager or designee's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.)
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STAFF REPORT

September 16, 2026
File Number 0600-10; A-3617-1

SUBJECT

FIRST AMENDMENT TO PUBLIC SERVICES AGREEMENT WITH NORTH STATE ENVIRONMENTAL FOR

HAZARDOUS WASTE DISPOSAL SERVICES

DEPARTMENT
Utilities

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-144, authorizing the Mayor to execute, on behalf of the City, the First Amendment to Public Services Agreement (“PSA”) with North State Environmental in the amount of $40,000, bringing the total not-to-exceed contract amount to $240,000.

Staff Recommendation: Approval (Utilities: Daniel Peterson, Director of Utilities) Presenter: Daniel Peterson, Director of Utilities
ESSENTIAL SERVICE – Yes, Keep City Clean for Public Health and Safety; Public Works/Infrastructure; Maintenance of Parks facilities/Open Spaces
COUNCIL PRIORITY –Prioritize Public Safety

FISCAL ANALYSIS
Total cost for services shall vary depending on the type of hazardous materials disposed at each scheduled pickup location. The unit prices for the PSA and subsequent amendments are firm. A list of unit prices is listed in Exhibit 1 to the original PSAs Scope of Work ( Attachment “1” ). Sufficient funds will be appropriated in the Departments’ operating budget for each fiscal year to cover the disposal services costs.

The PSA is utilized on an as -needed basis, and actual costs vary depending on the volume and type of hazardous waste generated. Increasing the PSA's not-to-exceed amount does not guarantee that additional funds will be spent. Rather, it provides sufficient contract capacity to accommodate the additional facility and allows disposal costs to be more accurately allocated to the facilities where services are provided.

PREVIOUS ACTION
None
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BACKGROUND
The City generates various types of hazardous waste through routine operations at multiple City facilities.

As a generator of hazardous waste, the City is subject to all applicable federal, state, and local laws and regulations, including those established under the Califor nia Hazardous Waste Control Law and related regulations. The City is responsible for ensuring that all hazardous waste produced at City-owned and City- operated facilities is properly identified, handled, collected, transported, and disposed of in accordanc e with all legal requirements.

City staff issued a Request for Proposals (“RFP”) on April 6, 2026, inviting qualified contractors to submit their proposals to provide hazardous waste disposal services for six City-owned facilities. Proposals were received from six contractors. North State Environmental (“NSE”) was selected as the most responsive and responsible bidder and a PSA was executed by the City Manager for a not -to-exceed amount of $200,000, anticipated to cover services for 2026, 2027, and 2028.

Since execution of the PSA, City staff identified an additional City-owned facility that generates hazardous waste requiring collection, transportation, and disposal services. This facility was not included in the original scope of services or cost estimates developed during the procurement process. This facility is subject to the same regulatory requirements governing all City operations and actual service demands and disposal costs have exceeded the original estimates used to establish the contract’s not-to-exceed amount. In addition, changes in recycling and disposal practices have increased the volume of materials requiring hazardous waste disposal. Certain materials that were previously accepted through manufacturer take -back or recycling programs, such as printer toner cartridges, are no longer being collected through those programs, and some electronic waste materials can no longer be recycled through previously available channels. As a result, the City has experienced higher disposal service deman ds and costs than originally anticipated.

To ensure uninterrupted compliance with hazardous waste management regulations , staff recommends amending the agreement with NSE to add the additional facility to the scope of services and increase the PSA’s not-to-exceed amount from $200,000 to $240,000. Approval of the First Amendment to PSA allows the City to continue utilizing an existing competitively procured contractor with demonstrated experience and satisfactory performance , avoiding disruption of essential hazardous waste disposal services, and ensures compliance with applicable environmental regulations.

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RESOLUTIONS
a. Resolution No. 2026-144
b. Resolution No. 2026-144 – Exhibit “A” First Amendment to Public Services Agreement

ATTACHMENTS
a. Attachment “1” –Public Services Agreement
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RESOLUTION NO. 2026-144

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, THE FIRST

AMENDMENT TO PUBLIC SERVICES AGREEMENT WITH

NORTH STATE ENVIRONMENTAL FOR HAZARDOUS

WASTE DISPOSAL SERVICES

WHEREAS, the City generates various types of hazardous waste through routine operations at multiple City-owned and City-operated facilities; and
WHEREAS, the City is responsible for ensuring that all hazardous waste generated by its operations is properly identified, handled, collected, transported, and disposed of in compliance with applicable federal, state, and local laws and regulations; and WHEREAS, on April 6, 2026, the City issued a Request for Proposals seeking qualified contractors to provide hazardous waste disposal services for six City-owned facilities; and WHEREAS, six proposals were received and evaluated, and North State Environmental (“NSE ”) was determined to be the most responsive and responsible bidder; and WHEREAS, the City Manager executed a Public Services Agreement (“PSA”) with NSE in an amount not-to-exceed $200,000 for hazardous waste disposal services anticipated to cover fiscal y ears 2026 through 2028; and
WHEREAS, following the execution of the PSA , City staff identified an additional City -owned facility that generates hazardous waste, which was not included in the original scope of services or cost estimates developed during the procurement process; and 270
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WHEREAS, the actual service demands and dis posal costs have exceeded the estimates used to establish the original not-to-exceed contract amount; and WHEREAS, amending the PSA to include the additional facility and increase the total compensation will ensure uninterrupted services , maintain regulatory compliance, and avoid disruption to essential City operations; and
WHEREAS, NSE has demonstrated satisfactory performance and is qualified to continue providing these services to the City.

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

1. That the above recitations are true.

2. That the City Council authorizes the Mayor to execute, on behalf of the City, a second amendment to a Public Services Agreement with North State Environmental, in substanti ally the same format as Exhibit “A” to this Resolution, which is attached hereto and incorporated by this reference, subject to final approval as to form by the City Attorney.

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CITY OF ESCONDIDO

FIRST AMENDMENT TO PUBLIC SERVICES AGREEMENT
This Fir
st Amendment to Public Services Agreement (“First Amendment”) is made and entered into as of the last signature date set forth below (“Effective Date”), Betw
een: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Cricket Lichtenfels
760-839-6290, ext. 7003
("CITY")
And: Nor
th State Environmental
a California corporation
220 S. Spruce Ave., Suite 200
South San Francisco, CA 94080
Attn: Karen Sedano
619-409-9292
("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 2, 2026 (“Agreement”), wherein CITY retained CONTRACTOR to provide hazardous waste disposal services, as more specifically described in the Agreement; and
WHEREAS, the Parties desire to amend the Agreement as 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. The CONTRACTOR shall continue to furnish all of the Services described in the Agreement.

2. Purs
uant to this First Amendment, the CITY will compensate the CONTRACTOR in an additional amount not to exceed the sum of $40,000. The contract price of this First Amendment ( $40,000) shall bring the cumulative Agreement price to $240,000.

3. Pursuant to this First Amendment, the following service location shall be added to Section B of the Resolution No. 2026-144
Exhibit "A"

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Agreement Scope of Work (Attachment A):

Locati
on Name Location Address Location Identification
No.

Location Contact
Information
Central Plant 400 N Escondido
Blvd, Escondido, CA
92025
CAL000401426 Onsite contact: Zev
Farrar, 760-271-0870
Backup contact:

Charles Hernandez,
760-213-2560

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

5. This F
irst 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.

6. This F
irst 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 First Amendment by electronic means, including an attachment to an email, shall be effective as delivery of an executed original.

7. Unles
s a different date is provided in this First Amendment, the effective date of this First Amendment shall be the latest date of execution set forth by the names of the signatories below. (Si
gnature Page Follows)
Resolution No. 2026-144
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IN WITNESS WHEREOF, this First Am endment is executed by the P arties or their duly authorized representatives as of the Effective Date:

CITY

OF ESCONDIDO
Date:
__________________ ____________________________________ Dane White, Mayor
Nort h State Environmental
Date:
__________________ ___________________________________
Maxine Balistreri, 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.

Resolution No. 2026-144
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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: Cricket Lichtenfels
760-839-6290, ext. 7003
("CITY")
And: North State Environmental
a California corporation
220 S. Spruce Ave., Suite 200
South San Francisco, CA 94080
Attn: Karen Sedano
619-409-9292
("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 $200,000.

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.

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 Public Services Agreement (v1) - 1 - CAO: 04/23/2024
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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.

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 Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(4) Contrators Pollution Liability. Contractors Pollution Liability and/or Errors & Omissions applicable to work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. (5) 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.
(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 Public Services Agreement (v1) - 2 - CAO: 04/23/2024
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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 Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.
(3) Transportation Pollution Liability Endorsement. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by CONTRACTOR pursuant the Agreement. This coverage may also be provided on the Contractors Pollution Liability policy. (4) 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. (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 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.
(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 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 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 Public Services Agreement (v1) - 3 - CAO: 04/23/2024
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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 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, 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.

9. 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.

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 Agreement and supersedes and replaces all prior Public Services Agreement (v1) - 4 - CAO: 04/23/2024
Doc ID: b2b665fd849a28583563774e91b60dc2f3ee705d
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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.

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 Agreement. 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
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. http://www.dir.ca.gov/oprl/dprewagedetermination.htm
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22. Department of Industrial Relations Compliance. If applicable, 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 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.

23. Immigration Reform and Control Act of 1986. CONTRACTOR shall keep itself informed of and shall comply with the Immigration Reform and Control Act of 1986 (“IRCA”). CONTRACTOR represents and warrants that all of its employees and the employees of any subcontractor retained by CONTRACTOR who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONTRACTOR affirms that 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.

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.

IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:
07 / 02 / 2026

CITY OF ESCONDIDO
Sean McGlynn, City Manager
07 / 01 / 2026

NORTH STATE ENVIRONMENTAL
-MaxCAR- 6a/a,6teAL.

Maxine Balistreri, Director
Approved as to Form:

Office of the City Attorney
Michael R. McGuinness, City Attorney
DATE: _ 07/ 01 /2026 ____
THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

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ATTACHMENT “A”
Scope of Work
A. General
North State Environmental, a California corporation (“Contractor”) will provide the City of Escondido, a California municipal corporation (“City”) with hazardous waste disposal services.

B. Location
Contractor will provide hazardous waste disposal services at each of the following City-owned facilities:

Location Name Location Address Location
Identification
No.

Location Contact
Information
Hale Avenue
Resource Recovery
Facility (“HARRF”)
1521 S. Hale Ave.,
Escondido, CA 92029 CAL000027477
Onsite contact: Oliva
Murillo, 760-839-
6290, ext. 7006
Back up contact:

Michelle Morales,
760-839-6290, ext.
7001
Water Treatment
Plant (“WTP”)
3440 E. Valley Parkway,
Escondido, CA 92027 CAL000024062
Onsite contact: Clay
Clifford, 760-839-
5460
Back up contact:

Natisha Tuua, 760-
839-5446
Recycling/Public
Works Department
(“Public Works Yard”)
475 N. Spruce St.,
Escondido, CA 92025 CAD982317018
Onsite contact:

Fernando Moreno,
760-839-4370
Backup contact:

Ting-yao Ling, 760-
839-4360
Police and Fire
Headquarters
(“PAFH”)
1163 N. Centre City
Parkway, Escondido, CA
92026
CAL000395670
Onsite contact:

Nichola Davis, 760-
839-4491
Backup contact:

Tania Baez, 760-
839-4480
Police Department
Firing Range
25855 Valley Center
Road, Escondido, CA
92027
CAL000502133
Onsite contact: Erik
Witholt, 760-839-
4763
Backup contact:

Mike Nelson, 760-
839-4944
C. Services
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Hazardous waste disposal services at each location listed in Section B shall include, but not be limited to:

1. Pursuant to Department of Transportation (“DOT”) Code of Federal Regulations (“CFR”) as listed under Title 49, Subtitle B, Chapter 1, Subchapter C, Part 172 and 173, Contractor shall be responsible for the following:
a. Shipper’s certification;
b. Preparing the hazardous waste manifest;
c. Properly packaging, marking and transporting all containers of hazardous waste; and
d. Providing an emergency response telephone number on the manifest that is monitored 24/7 (not a call center).

2. Pursuant to the Environmental Protection Agency (“EPA”) Hazardous Waste Electronic Manifest (“e-Manifest”) Establishment Act, Contractor must register with the EPA for e Manifest and shall create and submit an e-manifest for hazardous waste. Note: a Hybrid Manifest consisting of an e-Manifest and paper copy that is signed by the Contractor and the City at the time of the scheduled pick-up is acceptable.

3. Quarterly pick-up services will be conducted on the same day as requested or scheduled, to include packing of the waste materials and removal on the same day;

4. Proper recycling of universal waste products including, but not limited to, laboratory hazardous chemical waste, e-waste, batteries, fluorescent light tubes, waste oils, lubricants and fuels, aerosol cans, and paint;

5. Contractor will provie e-Manifest or copies of pick-up manifest and tracking documents at the time of pick-up unless otherwise specified;

6. Batteries must be separated amongst different battery type;

7. Container tops for all loaded drums shall be secured to the drums;

8. Replacement drums/barrels will be provided when curren drums/barrels are picked up for disposal.
a. If the drum/barrel is not able to be picked up for disposal, pumping services of the drum/barrel will be provided as-needed to remove the waste and dispose;

9. Emergency Response Services – Contractor shall provide emergency response services as required by the City, which may include responding outside business hours already noted in this scope of work, weekends, and holidays. Contractor will respond within one hour of the notification for emergency response services.

10. All items and materials picked up for disposal shall be transported by Contractor to permitted disposal facilities. All required manifests, forms, certificates, and related documents must be completed and provided by Contractor to the City within 14 days of the pick-up date.

D. Scheduling
Inquiries relating to this Agreement may be directed to Cricket Lichtenfels, Utilities Administrative Coordinator, at 760-839-6290, ext. 7003 or [email protected].

Work provided under this Agreement, including pick-ups, will be provided in accordance with the following:

1. Scheduled Quarterly Pick-ups. The quarterly pick-ups described in Section C(3) of this Scope of work shall be completed every 90 days per EPA standards. During the term of this Agreement, one quarterly pick-up per service location shall be completed on Monday, July 6, 2026; Monday, October 5, 2026; Monday, January 4, 2027; and Monday, April 5, 2027 (“Scheduled Quarterly Pick-Ups”). If a location finds they do not have any hazardous waste material for pick-up, they will notify Contractor no later than the day before the Scheduled Quarterly Pick-Up.

2. Additional Pick-Ups. The City reserves the right for each location listed in Section B to determine its own schedule, if needed, working directly with the Contractor. Any Public Services Agreement (v1) - 8 - CAO: 04/23/2024
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additional pick-ups outside of the Scheduled Quarterly Pick-Ups as described in Section D(1) will only occur only when the City has requested and scheduled additional pick-up.

Any additional pick-ups will be charged per the same rate as the Scheduled Quarterly Pick-Ups and in accordance with the rates set forth in Exhibit 1 to this Scope of Work, which is attached hereto and incorporated by this reference.

3. Work shall be performed between the hours of 8 a.m. and 3:30 p.m., Monday through Friday at the WTP, HARRF, and PAFH sites and an exception for the Public Works Yard site allow for work to be performed between the hours of 6:30 a.m. and 3 p.m.

Instructions and requirements for entering each facility will be provided upon scheduling.

E. Contract Price and Payment Terms
The contract price shall not exceed $200,000. 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.

The not-to-exceed contract price ($200,000) shall cover all three possible years of this Agreement. In the event that the two additional one-year options to renew are not exercised, the not-to-exceed amount for the Initial Term of the Agreement shall be $67,000.

The rates and quoted pricing for services as detailed in Exhibit 1 to this Scope of Work, which is attached hereto and incorporated by this reference, shall remain in effect throughout the term of this Agreement and throughout the two additional one-year options renew.

F. Term
The term of this Agreement shall be from the Effective Date of the Agreement through June 30, 2027 (“Initial Term”).

This Agreement shall include the City’s option to extend the Initial Term for a period of up to two years, not to exceed a total of three consecutive years, based on satisfactory performance by the Contractor. Any extension of the Initial Term or additional services shall be pursuant to an Amendment in accordance with Section 11 of the Agreement. In the event that the City elects to exercise the option to extend, the City will notify the Contractor 60 days prior to the end of the Initial Term.

G. Other
Contractor must have all the necessary licenses and permits, active and in good standing, to handle and transport hazardous waste as required by this Agreement.

Contractor must procure and maintain all necessary insurance meeting the requirements of Section 6 of this Agreement, including but not limited to Contractors Pollution liability insurance and Transportation Pollution Liability insurance.

City’s funding of this Agreement shall be on a fiscal year basis and is subject to annual appropriations. Contractor acknowledges that the City is a municipal corporation, is precluded by the State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constiture an obligation of future legislative bodies of the City or State to appropriate funds for purposes of this Agreement.

Accordingly, the parties agree that the terms withing this Agreement are contingent upon appropriation of funds.

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ITEM NO. DESCRIPTION UNIT UNIT PRICE
1 Flammables - Liquid (BTU >8,000):
a) 5 Gallon Drum EA $ 125.00
b) 15 Gallon Drum EA $ 145.00
c) 30 Gallon Drum EA $ 180.00
d) 55 Gallon Drum EA $ 210.00
e) Lab Pack, 5 Gallon EA $ 160.00
f) Lab Pack, 15 Gallon EA $ 250.00
g) Lab Pack, 30 Gallon EA $ 300.00
h) Lab Pack, 55 Gallon EA $ 410.00
i) Lab Pack, PG I EA $ 235.00
2 Flammables - Solid:
a) 5 Gallon Drum EA $ 240.00
b) 15 Gallon Drum EA $ 280.00
c) 30 Gallon Drum EA $ 460.00
d) 55 Gallon Drum EA $ 700.00
e) Lab Pack, 5 Gallon EA $ 240.00
f) Lab Pack, 15 Gallon EA $ 280.00
g) Lab Pack, 30 Gallon EA $ 365.00
h) Lab Pack, 55 Gallon EA $ 475.00
3 Glycol:
a) 30 Gallon Drum EA $ 325.00
b) 55 Gallon Drum EA $ 350.00
4 Toxic - Liquids (excluding D022):
a) 30 Gallon Drum EA $ 315.00
b) 55 Gallon Drum EA $ 390.00
c) Lab Pack, 5 Gallon EA $ 225.00
d) Lab Pack, 15 Gallon EA $ 250.00
e) Lab Pack, 30 Gallon EA $ 300.00
f) Lab Pack, 55 Gallon EA $ 450.00
g) Lab Pack, PG I EA $ 165.00
5 Waste Oil (<10% BS&W):
a) 15 Gallon Drum EA $ 115.00
b) 30 Gallon Drum EA $ 115.00
c) 55 Gallon Drum EA $ 160.00
e) Tote EA $ 470.00
6 Flammable toxic - Liquids (no vials):
a) 30 Gallon Drum EA $ 470.00
b) 55 Gallon Drum EA $ 550.00
c) Lab Pack, 5 Gallon EA $ 210.00
d) Lab Pack, 15 Gallon EA $ 300.00
e) Lab Pack, 30 Gallon EA $ 400.00
f) Lab Pack, 55 Gallon EA $ 500.00
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ITEM NO. DESCRIPTION UNIT UNIT PRICE
7 Corrosive Liquid (<40% concentration):
a) 30 Gallon Drum EA $ 315.00
b) 55 Gallon Drum EA $ 390.00
c) Lab Pack, 5 Gallon EA $ 170.00
d) Lab Pack, 15 Gallon EA $ 250.00
e) Lab Pack, 30 Gallon EA $ 300.00
f) Lab Pack, 55 Gallon EA $ 390.00
8 Corrosive Solid:
a) 30 Gallon Drum EA $ 280.00
b) 55 Gallon Drum EA $ 380.00
c) Lab Pack, 5 Gallon EA $ 170.00
d) Lab Pack, 15 Gallon EA $ 250.00
e) Lab Pack, 30 Gallon EA $ 300.00
f) Lab Pack, 55 Gallon EA $ 390.00
9 Oxidizer - Liquid:
a) 30 Gallon Drum EA $ 645.00
b) 55 Gallon Drum EA $ 800.00
c) Lab Pack, 5 Gallon EA $ 275.00
d) Lab Pack, 15 Gallon EA $ 470.00
e) Lab Pack, 30 Gallon EA $ 670.00
f) Lab Pack, 55 Gallon EA $ 870.00
10 Oxidizer - Solid:
a) 30 Gallon Drum EA $ 645.00
b) 55 Gallon Drum EA $ 800.00
c) Lab Pack, 5 Gallon EA $ 275.00
d) Lab Pack, 15 Gallon EA $ 470.00
e) Lab Pack, 30 Gallon EA $ 670.00
f) Lab Pack, 55 Gallon EA $ 870.00
11 Latex Paint:
a) 5 Gallon Drum EA $ 150.00
b) 15 Gallon Drum EA $ 170.00
c) 30 Gallon Drum EA $ 190.00
d) 55 Gallon Drum EA $ 225.00
e) Lab Pack, 5 Gallon EA $ 150.00
f) Lab Pack, 15 Gallon EA $ 170.00
g) Lab Pack, 30 Gallon EA $ 190.00
h) Lab Pack, 55 Gallon EA $ 225.00
i) Lab Pack, Cubic Yard Box EA $ 450.00
12 Oil-Based Paint - >8,000 BTU, <3" Solid:
a) 5 Gallon Drum EA $ 150.00
b) 15 Gallon Drum EA $ 225.00
c) 30 Gallon Drum EA $ 295.00
d) 55 Gallon Drum EA $ 360.00
e) Lab Pack, 5 Gallon EA $ 175.00
f) Lab Pack, 15 Gallon EA $ 245.00
g) Lab Pack, 30 Gallon EA $ 295.00
h) Lab Pack, 55 Gallon EA $ 360.00
i) Lab Pack, Cubic Yard Box EA $ 1,100.00
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ITEM NO. DESCRIPTION UNIT UNIT PRICE
13 Reactive Liquids/Solids:
a) Lab Pack, 5 Gallon EA $ 500.00
14 PCB Ballasts (recycle):
a) 5 Gallon Drum EA $ 120.00
b) 15 Gallon Drum EA $ 170.00
c) 30 Gallon Drum EA $ 250.00
d) 55 Gallon Drum EA $ 360.00
15 Non - PCB Light Ballasts (recycle):
a) 5 Gallon Drum EA $ 115.00
b) 15 Gallon Drum EA $ 170.00
c) 30 Gallon Drum EA $ 195.00
d) 55 Gallon Drum EA $ 225.00
16 Flammable Aerosols (D001):
a) 5 Gallon Drum EA $ 185.00
b) 15 Gallon Drum EA $ 310.00
c) 30 Gallon Drum EA $ 410.00
d) 55 Gallon Drum EA $ 465.00
17 Aerosols (inhalers, pesticides, corrosive):
a) 5 Gallon Drum EA $ 250.00
b) 15 Gallon Drum EA $ 325.00
18 Batteries - NiCad:
a) 5 Gallon Drum EA $ 85.00
19 Batteries - Lithium:
a) 5 Gallon Drum EA $ 85.00
20 Batteries - Lead Acid:
a) 5 Gallon Drum EA $ 20.00
21 Batteries - Alkaline (landfill):
a) 5 Gallon Drum EA $ 45.00
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ITEM NO. DESCRIPTION UNIT
22 RCRA Toxic - Solid:
a) 30 Gallon Drum EA $ 315.00
b) 55 Gallon Drum EA $ 390.00
c) Lab Pack, 5 Gallon EA $ 225.00
d) Lab Pack, 15 Gallon EA $ 250.00
e) Lab Pack, 30 Gallon EA $ 300.00
f) Lab Pack, 55 Gallon EA $ 450.00
23 Mercury - Elemental:
a) 5 gallon drum EA $ 400.00
24 Mercury Compound:
a) 5 gallon drum EA $ 400.00
25 Class 9 - Liquid:
a) 5 Gallon Drum EA $ 140.00
b) 15 Gallon Drum EA $ 200.00
c) 30 Gallon Drum EA $ 285.00
d) 55 Gallon Drum EA $ 350.00
e) Lab Pack, 5 Gallon EA $ 170.00
f) Lab Pack, 15 Gallon EA $ 220.00
g) Lab Pack, 30 Gallon EA $ 265.00
h) Lab Pack, 55 Gallon EA $ 365.00
26 Class 9 - Solid:
a) 30 Gallon Drum EA $ 250.00
b) 55 Gallon Drum EA $ 365.00
c) Lab Pack, 5 Gallon EA $ 170.00
d) Lab Pack, 15 Gallon EA $ 220.00
e) Lab Pack, 30 Gallon EA $ 265.00
f) Lab Pack, 55 Gallon EA $ 365.00
27 Non-RCRA Liquid:
a) 5 Gallon Drum EA $ 150.00
b) 15 Gallon Drum EA $ 200.00
c) 30 Gallon Drum EA $ 250.00
d) 55 Gallon Drum EA $ 300.00
e) 275 Gallon Tote EA $ 600.00
f) Bulk - Per gallon (Tanker) GAL $1.50
g) Lab Pack, 5 Gallon EA $ 150.00
h) Lab Pack, 15 Gallon EA $ 215.00
i) Lab Pack, 30 Gallon EA $ 250.00
j) Lab Pack, 55 Gallon EA $ 300.00
k) Lab Pack, Cubic Yard Box EA $ 560.00
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ITEM NO. DESCRIPTION UNIT UNIT PRICE
28 Non-RCRA Solid:
a) 5 Gallon Drum EA $ 150.00
b) 15 Gallon Drum EA $ 175.00
c) 30 Gallon Drum EA $ 200.00
d) 55 Gallon Drum EA $ 225.00
e) Cubic Yard Box - Bulk EA $ 500.00
f) Super Sack - Bulk EA $ 560.00
g) Lab Pack, 5 Gallon EA $ 150.00
h) Lab Pack, 15 Gallon EA $ 215.00
i) Lab Pack, 30 Gallon EA $ 250.00
j) Lab Pack, 55 Gallon EA $ 275.00
k) Lab Pack, Cubic Yard Box EA $ 500.00
29 Empty Containers(for recycle):
a) 5 Gallon Drum EA $ 9.00
b) 15 Gallon Drum EA $ 12.00
c) 30 Gallon Drum EA $ 23.00
d) 55 Gallon Drum EA $ 28.00
30 Electronic Components:
a) Bulk - per pound LB $ 1.30
31 Chemist HR $ 95.00
32 Technician HR $ 75.00
33 Containers:
a) 55 Gallon Drum - Steel EA $ 60.00
b) 30 Gallon Drum - Steel EA $ 55.00
c) 15 Gallon Drum - Steel EA $ 55.00
d) 55 Gallon Drum - Poly EA $ 55.00
e) 30 Gallon Drum - Poly EA $ 40.00
f) 15 Gallon Drum - Poly EA $ 35.00
g) 5 Gallon Drum - Poly EA $ 25.00
h) 55 Gallon Lab Pack Container EA $ 50.00
i) 30 Gallon Lab Pack Container EA $ 40.00
j) 15 Gallon Lab Pack Container EA $ 35.00
k) 5 Gallon Lab Pack Container EA $ 25.00
I) Cubic Yard Box EA $ 73.00
m) Super Sack EA $ 40.00
n) Vermiculite - bag EA $ 25.00
34 Asbestos YD $ 170.00
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ITEM NO. DESCRIPTION UNIT UNIT PRICE
35 Fluorescent lamps
a) Straight F-tubes (per linear foot) FT $ 0.18
b) Biax lamps EA $ 1.10
c) "0" & "U" lamps EA $ 1.10
d) Sodium, Mercury, HID lamps EA $ 3.50
36 MAPP Gas Cylinder EA $ 140.00
37 Organic Peroxide:
a) 5 Gallon Drum EA $ 575.00
38 PIH Zone "A":
a) 5 Gallon Drum EA $ 395.00
39 PIH Zone "B":
a) 5 Gallon Drum EA $ 395.00
40 Propane Cyliner EA $ 45.00
41 Transportation - Bulk
a) Roll-off with driver HR $ 130.00
b) Tanker with driver HR $ 130.00
c) Service Truck with driver HR $ 105.00
d) Pressure washer HR $ 50.00
42 Tires - With out rims EA $ 5.00
Tires - With rims EA $ 8.50
43 Oily Water - Bulk (Non-RCRA) GAL $ 2.20
Water with trace oil - Bulk (Non-Haz) GAL $ 2.00
44 Washout
a) Non-hazardous waste washout EA $ 200.00
b) Non-RCRA hazardous waste washout EA $ 390.00
c) RCRA waste washout EA $ 390.00
45 Temperature controlled
a) Tranport charge Flat $ 500.00
b) disposal - case by case
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ITEM NO. DESCRIPTION UNIT UNIT PRICE
46 Appliances for recycle:
a) Refrigerator EA $ 56.00
b) Refrigerator/Freezer EA $ 56.00
c) Microwave oven EA $ 56.00
d) Other small appliance EA $ 56.00
e) Other large appliance EA $ 56.00
47 Oil Filters:
a) 5 Gallon Drum EA $ 150.00
b) 15 Gallon Drum EA $ 200.00
c) 30 Gallon Drum EA $ 250.00
d) 55 Gallon Drum EA $ 300.00
48 Specimens
a) 5 Gallon Drum EA $ 115.00
b) 15 Gallon Drum EA $ 180.00
c) 30 Gallon Drum EA $ 260.00
d) 55 Gallon Drum EA $ 390.00
49 ER Call-out Services - 4 hour minimum applies:
a) Tanker HR $ 130.00
b) Roll-off HR $ 130.00
c) Step deck, other HR $ 130.00
d) Van Trailer HR $ 130.00
e) Service Truck with Technician HR $ 105.00
f) Project Manager with truck HR $ 135.00
g) Technician HR $ 90.00
h) Chemist HR $ 125.00
i) Pressure Washer HR $ 50.00
j) Project Manager without truck HR $ 125.00
50 Parts Washer service (standard 20 gallon) EA $ 500.00 51 EPA Manifest Fee EA $ 25.00
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STAFF REPORT

September 16, 2026
File Number 0480-70

SUBJECT
FY 2026-27 REGIONAL REALIGNMENT RESPONSE GRANT AND BUDGET ADJUSTMENT

DEPARTMENT
Escondido Police Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-154 (1) authorizing the Chief of Police to accept a FY 2026-27 Regional Realignment Response Grant in the amount of $80,000 from the State of California Board of Community Corrections ; (2) authorizing the Chief of Police or his designee to execute grant documents on behalf of the City; and (3) approving budget adjustments needed to spend grant funds.

Staff Recommendation: Approval (Police Department: Ken Plunkett, Chief of Police) Presenter: Ken Plunkett, Chief of Police
ESSENTIAL SERVICE – Yes, internal requirement in support of police services COUNCIL PRIORITY – Be Business Friendly; Build Trust and Accountability; Prioritize Public Safety

FISCAL ANALYSIS
This will have no impact on the General Fund Budget. The FY 20 26-27 Regional Realignment Response Grant is state funded. Funding will cover expenses through June 30, 2027.

PREVIOUS ACTION
On December 17, 2025, the City Council authorized the Chief of Police to accept an $80,000 FY 2025-2026 Regional Realignment Response Grant.

BACKGROUND
The Escondido Police Department has been allocated $80,000 under the FY 2026-27 Regional Realignment Response Grant through the State of California Board of Community Corrections. This funding was provided by Assembly Bill 118 and Senate Bill 89, initiatives to reduce state prison overcrowding and support local law enforcement effort s to efficiently manage offenders and parole -violators. These bills allow for the release of subjects into the community from prison before their sentences were fully served, putting the responsibility of monitoring them on local law enforcement. Grant funds are used for regional 293
Item9.

and local enforcement operations to monitor prisoners that were released as a result of Assembly Bill 118 and Senate Bill 89.

RESOLUTIONS
a. Resolution No. 2026-154

ATTACHMENTS
a. Attachment “1” – Budget Adjustment
294
Item9.

RESOLUTION NO. 2026-154

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE CHIEF
OF POLICE TO ACCEPT A FY 2026 -27 REGIONAL

REALIGNMENT RESPONSE GRANT FROM THE STATE OF

CALIFORNIA BOARD OF COMMUNITY CORRECTIONS IN
THE AMOUNT OF $80,000; EXECUTE ALL DOCUMENTS

NECESSARY FOR THE MANAGEMENT AND
COMPLETION OF THE GRANT SCOPE; AND

AUTHORIZING THE NECESSARY BUDGET ADJUSTMENT

WHEREAS, the FY 2026 -27 Regional Realignment Response Grant will be financed from funds made available by the State of California Board of Community Corrections, through Assembly Bill 118 and Senate Bill 89, initiatives to reduce state prison overcrowding and support local law enforcement efforts to efficiently manage offenders and parole-violators; and WHEREAS, the City of Escondido desires to support local law enforcement efforts in regards to legislation reducing state prison overcrowding; and
WHEREAS, the Escondido Police Department will receive grant funding to support these efforts during the project period of July 1, 2026 through June 30, 2027; and WHEREAS, the Escondido Police Department has designated the FY 2026 -27 Regional Realignment Response Grant to conduct specific programs to address these goals.

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

follows:

1. That the above recitations are true.

2. That the City Council authorizes the Chief of Police of the City of Escondido to accept the FY 2026-27 Regional Realignment Response Grant in the amount of $80,000 and execute all documents necessary for the management and completion of the grant scope. 295
Item9.

3. That the City Council hereby approves and authorizes the necessary budget adjustment needed to establish a new project number for tracking and spending of grant funds.

4. That grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
296
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BUDGET ADJUSTMENT

REQUEST
Department: Police Department
For Finance Use Only
BA # ____________
Fiscal Year ________
Department Contact: Barbara MarLett
City Council Meeting Date:
(attach staff report) September 16, 2026

EXPLANATION OF REQUEST
A budget adjustment is needed to receive grant funds and establish a spending account for police officer overtime and overhead expenses related to the FY 2026-27 Regional Realignment Response Grant funds.

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Revenue 4127-451-NEW GRANT $80,000
Police Grants 451-NEW GRANT $80,000

APPROVALS

DEPARTMENT HEAD DATE FINANCE DATE
Attachment "1"
297
Item9.

STAFF REPORT

September 16, 2026
File Number 0480-70

SUBJECT
FY 2024-25 U.S. DEPARTMENT OF JUSTICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT –

LOCAL SOLICITATION AND BUDGET ADJUSTMENT

DEPARTMENT
Escondido Police Department

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-149 to (1) authorize the Police Department to accept a $40,876 FY 2024-25 Edward Byrne Memorial Justice Assistance Grant (JAG); (2) authorize the Chief of Police or his designee to execute grant documents on behalf of the City; and (3) approve budget adjustments needed to spend gr ant funds. Grant funds will cover salary expenses for part -time patrol technicians.

Staff Recommendation: Approval (Police Department: Ken Plunkett, Chief of Police) Presenter: Ken Plunkett, Chief of Police
ESSENTIAL SERVICE – Yes, Police Services; internal requirement in support of police services COUNCIL PRIORITY – Prioritize Public Safety

FISCAL ANALYSIS
This action will have no impact on the FY 2026-27 Operating Budget. Grant funds will be used for expenses related to salary and benefits of part-time patrol technicians.

PREVIOUS ACTION
On November 20, 2024, the City Council approved a FY 2023-24 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Local Solicitation Grant.

BACKGROUND
The Escondido Police Department has been awarded a $40,876 FY 2024-25 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant. Grant funds will cover salary and benefit expenses for two part-time patrol technicians.
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Patrol technicians are assigned to the Patrol Division and are utilized to augment front -line law enforcement services allowing officers to focus on crime-prevention and suppression efforts.

Patrol technicians are an asset to the community. They take non -violent crime reports, prepare and process paperwork, impound found property and evidence, bring important paperwork to the District Attorney and the courts, as well as other necessary tasks. All of these duties would otherwise be performed by sworn police officers. The support of the Patrol Technicians allows for sworn police officers to handle their patrol duties, more serious crime investigations, and other vital assignments.

RESOLUTIONS
a. Resolution No. 2026-149

ATTACHMENTS
a. Attachment “1”—Budget Adjustment
299
Item10.

RESOLUTION NO. 2026-149

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE CHIEF OF
POLICE TO ACCEPT THE FISCAL YEAR 2024 -25 U.S.

DEPARTMENT OF JUSTICE EDWARD BYRNE MEMORIAL

JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF
$40,876; EXECUTE ALL GRANT DOCUMENTS ; AND

EXECUTE ALL NECESSARY BUDGET ADJUSTMENTS
WHEREAS, the City of Escondido desires to improve efficient law enforcement services to the community; and
WHEREAS, the Escondido Police Department has designated the Fiscal Year 2024 -25 U.S.

Department of Justice Edward Byrne Memorial Justice Assistance Grant to fund salary and benefit expenses of part-time personnel to address this goal; and WHEREAS, the Fiscal Year 2024 -25 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant funds are made available through the U.S. Department of Justice in the amount of $40,876.

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

1. That the above recitations are true.

2. That the City Council authorizes the Chief of Police of the City of Escondido to accept the Fiscal Year 2024 -25 U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant in the amount of $40,876, and execute all documents necessary for the management and completion of the grant scope, including any extensions and amendments thereof. 300
Item10.

3. That the City Council approves and adopts the budget adjustment to accept and expend the grant funds.
301
Item10.

BUDGET ADJUSTMENT

REQUEST
De
partment: Police Department
For
Finance Use Only
BA
# ____________
Fiscal Year ________
Department Contact: Barbara MarLett
City Council Meeting Date:
(attach staff report) September 16, 2026

EXPLANATION OF REQUEST
A budget adjustment is needed to spend FY 2024-25 Edward Byrne Memorial Justice Assistance Grant (JAG) funds for part-time personnel.

BUDGET ADJUSTMENT INFORMATION
Project/Account Description Account Number
Amount of
Increase
Amount of
Decrease
Revenue
4128-451-New Project
Number $40,876
Police Grants
451-New Project
Number $40,876
AP

PROVALS

DEPARTMENT HEAD DATE FINANCE DATE
Attachment "1"
302
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STAFF REPORT

September 16, 2026
File Number 0600-10; A-3618

SUBJECT

AN ASSIGNMENT, ASSUMPTION, AND AMENDMENT OF RECIPROCAL PARKING AGREEMENT BY AND BETWEEN THE CITY OF ESCONDIDO (“CITY”), ESCONDIDO CHAMBER OF COMMERCE, AND PRECISION CLUB, LLC.

DEPARTMENT
Economic Development – Real Property

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-159 authorizing the Mayor to execute, on behalf of the City, an Assignment, Assumption, and Amendment of Reciprocal Parking Agreement (“Assignment”) by and between the City of Escondido, Escondido Chamber of Commerce, and Precision Club, LLC.

Staff Recommendation: Approval (Economic Development: Christopher McKinney, Deputy City Manager)
Presenter: Christopher McKinney, Deputy City Manager
ESSENTIAL SERVICE – Yes, internal requirement in support of Land Use/Development COUNCIL PRIORITY – Be Business Friendly; Drive Community and Land Development

FISCAL ANALYSIS
No direct fiscal impact to the City of Escondido.

PREVIOUS ACTION
Under the Reciprocal Parking Agreement (“RPA”) dated June 26, 2002, the City and Escondido Chamber of Commerce established the framework for the mutual use of parking lot areas on each other’s adjacent properties.

BACKGROUND
Escondido Chamber of Commerce is currently the owner of the real property more particularly described in Exhibit B of the Assignment (attached to Resolution No. 2026-159 in Exhibit “A”). Escondido Chamber of Commerce is in the process of selling its property to Precision Club, LLC and the Assignment will allow 303
Item11.

the City and Precision Club, LLC to continue with reciprocal parking in the parking lot areas on each other’s adjacent properties.

The Assignment also includes an Amendment that provides the RPA will run with the land, so that in any future sale of the property, the RPA will continue in place. This Amendment means that the RPA would continue in perpetuity, unless and until both parties agree to terminate it.

RESOLUTIONS
a. Resolution No. 2026-159
b. Resolution No. 2026 -159 – Exhibit “A” – Assignment and Assumption of Reciprocal Parking Agreement

304
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RESOLUTION NO. 2026-159

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, AN

ASSIGNMENT, ASSUMPTION, AND AMENDMENT OF

RECIPROCAL PARKING AGREEMENT BY AND BETWEEN

THE CITY OF ESCONDIDO, ESCONDIDO CHAMBER OF

COMMERCE, AND PRECISION CLUB, LLC

WHEREAS, the City of Escondido (“City”) is currently the owner of that certain real property located in the City of Escondido, County of San Diego, State of California, more particularly described in Exhibit A of the Assignment and Assumption of Reciprocal Parking Agreement (“Assignment”), attached to this Resolution as Exhibit “A”; and
WHEREAS, Escondido Chamber of Commerce is currently the owner of that certain real property located in the City of Escondido, County of San Diego, State of California, more particularly described in Exhibit B of the Assignment; and
WHEREAS, the City and Escondido Chamber of Commerce established certain reciprocal easements, covenants, and conditions with respect to the mutual use of parking lot areas on the Parties’ adjacent properties under that certain Reciprocal Parking Agreement dated June 26, 2002, recorded on September 20, 2002 as Doc # 2002-0808126 in the Official Records of San Diego County, California; and WHEREAS, the Escondido Chamber of Commerce is currently in escrow to sell its property to Precision Club LLC, and the City Council finds it in the best interest of the Cit y to continue the RPA with the new owner and to clarify that the RPA is intended to run with the land and bind any successor owners.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, 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, an Assignment, Assumption, and Amendment of Reciprocal Parking Agreement by and between the City of Escondido , Escondido Chamber of Commerce, and Precision Club, LLC, a draft of which is attached to this Resolution as Exhibit “A” and incorporated herein by this reference, subject to final approval as to form by the City Attorney. Exhibit A and Exhibit B to be inserted subject to approval by the City Attorney. 306
Item11.

Resolution No. 2026-159
Exhibit “A”

Page 1 of 9 ends

ASSIGNMENT, ASSUMPTION OF AND AMENDMENT TO RECIPROCAL PARKING

AGREEMENT

This ASSIGNMENT, ASSUMPTION OF AND AMENDMENT TO RECIPROCAL PARKING AGREEMENT (“Assignment”) is made and entered into as of the last signature date set forth below (“Effective Date”), by and among the CITY OF ESCONDIDO, a California municipal corporation (“City”), and ESCONDIDO CHAMBER OF COMMERCE, a California nonprofit mutual benefit corporation (“Assignor”), and PRECISION CLUB, LLC, a California limited liability company (“Assignee”). (City, Assignor, and Assignee may each be referred to herein as a “Party” and collectively as the “Parties.”)

WHEREAS, City is currently the owner of that certain real property located in the City of Escondido, County of San Diego, State of California, more particularly described in Exhibit A , attached hereto and incorporated herein by this reference (“City Property”); and

WHEREAS, Assignor is currently the owner of that certain real property located in the City of Escondido, County of San Diego, State of California, more particularly described in Exhibit B, attached hereto and incorporated herein by this reference (“ Assignor Property” and together with the City Property, together, the “Properties”); and

WHEREAS, the City and Assignor established certain reciprocal easements, covenants, and conditions with respect to the mutual use of parking lot areas o n the Parties’ adjacent properties under that certain Reciprocal Parking Agreement dated June 26, 2002, recorded on September 2 0, 2002 as Doc # 2002 -0808126 in the Official Records of San Diego County, California ( referred to herein as “RPA”); and

WHEREAS, Assignor wishes to assign all of its right, title and interest in the RPA to Assignee and Assignee wishes to accept such assignment; and

WHEREAS, the Parties wish to confirm the assignment and assumption of rights and obligations to Assignee under the RPA and to amend the RPA in as set forth below.

EXEMPT FROM FEES pursuant to
Gov’t Code §§ 6103, 27383, and 27388.1
(filing requested/executed by municipality)

RECORDING REQUESTED BY, AND
WHEN RECORDED RETURN TO:

City of Escondido
201 North Broadway
Escondido, California 92025-2798
This Space for Recorder’s Use Only
307
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Resolution No. 2026-159
Exhibit “A”

Page 2 of 9 ends

NOW, THEREFORE, in reliance on the foregoing and in consideration of the mutual covenants, agreements, and conditions herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Assignment and Assumption . As of the Effective Date, Assignor hereby assigns, transfers, sets over, and delivers unto Assignee all of Assignor’s rights, obligations, duties, covenants, conditions, and liabilities in the RPA as it relates to the Assignor Property, provided, however, that this Assignment shall not release or relieve Assignor of any of its obligations, duties, covenants, conditions, or liabilities under the RPA to the extent arising or accruing prior to the Effective Date of this Assignment. Assignee hereby assumes the performance of all of the terms, covenants, obligations, and conditions imposed upon Assignor under and with respect to the RPA to the extent arising or accruing from or after the Effective Date of this Assignment. Assignor shall retain all obligations respecting the RPA for the period of time prior to the Effective Date of this Assignment.

2. Representations and Warranties of Assignor. Assignor hereby makes the following representations and warranties to the Assignee as of the Effective Date:

2.1 Assignor is the current holder of the entire interest of Assignor Property.

2.2 The RPA is unmodified and remains in full force and effect.

2.3 No default on the part of Assignor, and no breach or failure of condition that, with notice or lapse of time or both, would constitute a default on the part of Assignor, exists under the RPA.

2.4 No default on the part of City, and no breach or failure of condition that with notice or lapse of time or both, would constitute a default on the part of City, exists under the RPA.

2.5 The execution, delivery, and performance by Assignor of this Assignment is hereby authorized by Assignor (i) will not contravene any legal requirements applicable to Assignor; (ii) will not conflict with, breach, or contravene any other agreement binding upon Assignor; and (iii) will not result in the creation or imposition of any lien on any portion of the Property, except as otherwise may be permitted under the terms of the RPA.

3. Runs with Land . Th e R PA, and each reciprocal right created thereunder, shall be perpetual, shall be appurtenant to the Properties and shall run with the land in accordance with California Civil Code Section 1468 and applicable law. The RPA shall be binding upon and inure to the benefit of each Party and their respective heirs, persona l representatives, successors in interest, and assigns in perpetuity, except as may otherwise be expressly provided for in the RPA.

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

5. Effective Date. Unless a different date is provided in this Assignment, the effective date of this Assignment shall be the latest date of execution set forth by the names of the signatories below.
(SIGNATURE PAGE FOLLOWS)
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Resolution No. 2026-159
Exhibit “A”

Page 3 of 9 ends

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

CITY OF ESCONDIDO

Date: By:

Name: Dane White
Title: Mayor, City of Escondido

ASSIGNOR

ESCONDIDO CHAMBER OF COMMERCE

Date: By:

Name:

Title:

ASSIGNEE

PRECISION CLUB, LLC

Date: By:

Name: _________________________
Title: __________________________

(ABOVE SIGNATURES MUST BE NOTARIZED; ACKNOWLEDGMENT PAGES FOLLOW) Approved as to Form:

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

M. Dare DeLano, Assistant City Attorney
309
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Resolution No. 2026-159
Exhibit “A”

Page 4 of 9 ends

ACKNOWLEDGMENT

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

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

WITNESS my hand and official seal.

Signature: (Seal)

City
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
310
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Resolution No. 2026-159
Exhibit “A”

Page 5 of 9 ends

ACKNOWLEDGMENT

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

WITNESS my hand and official seal.

Signature: (Seal)

Assignor

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
311
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Resolution No. 2026-159
Exhibit “A”

Page 6 of 9 ends

ACKNOWLEDGMENT

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

WITNESS my hand and official seal.

Signature: (Seal)

Assignee
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
312
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Resolution No. 2026-159
Exhibit “A”

Page 7 of 9 ends

313
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Resolution No. 2026-159
Exhibit “A”

Page 8 of 9 ends

EXHIBIT “A”

LEGAL DESCRIPTION

314
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Resolution No. 2026-159
Exhibit “A”

Page 9 of 9 ends

EXHIBIT “B”

LEGAL DESCRIPTION

315
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ORDINANCE NO. 2026-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AMENDING CHAPTERS 5, 10,
18, and 28 OF THE ESCONDIDO MUNICIPAL CODE TO

REGULATE BICYCLES, NONMOTORIZED VEHICLES, AND

MOBILITY DEVICES

WHEREAS, the California State Legislature adopted Article 4 of Chapter 1 of Division 11 of the Vehicle Code, regulating the operation of bicycles; and
WHEREAS, the California Vehicle Code §§ 21206, et seq. provides that local agencies may regulate bicycles within their jurisdiction; and
WHEREAS, the City Council of the City of Escondido (City) enacted Chapter 5 of the City Municipal Code to regulate bicycles and non-motorized vehicles; and WHEREAS, the City Council last amended Chapter 5 in April of 2009; and

WHEREAS, since 2009, the use of mobility devices, such as e-bicycles, has increased in popularity, being used on sidewalks, streets, and trails within the City; and WHEREAS, the safe and efficient operation of bicycles, nonmotorized vehicles, and mobility devices within the City is of utmost importance to the City Council; and WHEREAS, the City Council desires to amend Chapter 5, 10, 18, and 28 of the City Municipal Code, regulating bicycles, nonmotorized vehicles, and mobility devices, including e -bicycles, and rel ated enforcement activities; and
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Item12.

ORDINANCE NO. 2026-16

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ESCONDIDO, CALIFORNIA, APPROVING

AND ADOPTING THE ESCONDIDO POLICE

DEPARTMENT MILITARY EQUIPMENT USE POLICY

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 to regulate the use of military equipment by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code section 7070 et seq., requires law enforcement agencies to obtain approval of the applicable gov erning body, by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and
WHEREAS, California Gove rnment Code section 7070 defines the terms “military equipment” and establishes the minimum requirements for a “military equipment use policy”; and WHEREAS, California Government Code section 7071 requires the governing body determine, prior to approving a military equipment use policy, the following:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; b. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties;
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Item13.

ORDINANCE NO. 2026-18

AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ESCONDIDO, CALIFORNIA, PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65858
ESTABLISHING A FORTY-FIVE (45) DAY MORATORIUM

ON THE ESTABLISHMENT, EXPANSION, OR

INTENSIFICATION OF D ATA CENTERS AND OTHER

SIMILAR HIGH-INTENSITY COMPUTING USES WITHIN
THE CITY OF ESCONDIDO; AND FINDING THE ACTION

TO BE EXEMPT FROM CEQA

WHEREAS, the City of Escondido, California, (“City”) is a general law municipal corporation, duly organized and operating under the constitution and laws of the State of California, with the authority to adopt and enforce land use regulations within its boundaries pursuant to its constitutional police powers and the Planning and Zoning Law; and
WHEREAS, on June 7, 2023, the City adopted its Comprehensive Economic Development Strategy (2023-2028) (“CEDS”) which identified and established, among other things, Fundamental 3 – Actively Maximize Value of Land, which found that “it is crucial that land is put to its best use. Inefficient land use, such as static storage for goods or cars should be discouraged. Land that is zoned for housing (Fundamental 1) should do just that, and land that is zoned for cr eating jobs (Fundamental 2) should do that… [L]and-scarce Escondido [should] get more people and jobs out of every acre.” CEDS at p. 56); and WHEREAS, neighboring jurisdictions have received, and the City reasonably anticipates receiving, applications, pre-applications, inquiries, and expressions of interest for the development of data centers and other similar high-intensity computing uses within the City; and WHEREAS, in general, a “data center” is a physical building or facility that houses and supports the operation of computer servers, networking equipment, or similar electronic equipment and information technology infrastructure for building, running and delivering applications and services, data 318
Item14.

STAFF REPORT

September 16, 2026
File Number 0610-75

SUBJECT
APPEAL OF THE AUGUST 10, 2026 PUBLIC ART COMMISSION DECISION TO RETAIN ARTWORK OF “THE ALBERT H. BEACH HOUSE” ON A TRAFFIC SIGNAL BOX LOCATED AT 5TH AVENUE AND JUNIPER STREET

DEPARTMENT
Economic Development Department

REQUEST
Request the City Council consider an appeal of an August 10, 2026 decision of the Public Art Commission (“PAC”) submitted by Julie Anne Moore and Mark Moore. The subject of the appeal is the PAC decision to retain artwork depicting the “The Albert H. Beach House Beach House” (“Beach House”) on the Traffic Signal Box Located at 5th Avenue and Juniper Street. Julie Anne Moore and Mark Moore are owners of the Beach House, located at 700 S. Juniper St, Escondido, CA 92025 . The Beach House is about two blocks from the Traffic Signal Box that depicts it. On August 19, 2026, Julie Anne Moore and Mark Moore submitted an appeal to the City requesting reversal of the Public Art Commission’s decision to retain the artwork (Attachment “1”).

Option 1: Grant the Appeal
If the City Council grants the appeal, the current artwork depicting the “Beach House” on the traffic signal box at 5th Avenue and Juniper Street will be removed or covered.

Option 2: Deny the Appeal
If the City Council denies the appeal, the Public Art Commission’s August 10, 2026 decision will remain in effect, and the current artwork titled “Built to Last” will remain on the traffic signal box at 5th Avenue and Juniper Street.

Staff Recommendation: None (Economic Development: Christopher McKinney, Deputy City Manager) Presenter: Christopher McKinney, Deputy City Manager
ESSENTIAL SERVICE – No
319
Item15.

COUNCIL PRIORITY –

FISCAL ANALYSIS
The estimated cost associated with commissioning an artist to create and paint a new artwork is $750.

PREVIOUS ACTION
On February 23, 2026, the Escondido Expressions subcommittee reviewed and approved the design “Built to Last,” by Sean Flannery, for installation on the traffic signal control box located at the corner of 5th Avenue and Juniper Street. “Built to Last” depicted the “Albert H. Beach House” (Attachment “2”).

On March 9, 2026, the Public Art Commission reviewed and approved the subcommittee’s decision of the Escondido Expressions subcommittee to allow installation of the design titled “Built to Last .” On August 10, 2026, the Public Art Commission unanimously voted 7-0 to retain the artwork titled “Built to Last” on the traffic signal box located at 5th Avenue and Juniper Street.

BACKGROUND
On May 8, 2023, the Public Art Commission approved the formation of the Escondido Expressions Pilot Program subcommittee. The program was subsequently approved as part of the City’s 2024-2025 Annual Workplan on September 18, 2024.

The Escondido Expressions Program was established to provide grants to local artists for the creation of original artwork on local traffic signal control boxes . The program is intended to enhance the visual character of Escondido neighborhoods by transforming traffic signal control boxes into public art installations. To date, 40 artist-designed installations have been completed through the program.

On July 27, 2026, the Economic Development Director was notified that the owner of the property depicted in the artwork had contacted the City and requested immediate removal of the artwork. Public Art staff subsequently determined that the request should be presented to the Public Art Commission for consideration with a recommendation to decommission the artwork.

Public Art staff also contacted the artist, Sean Flannery, and requested that he develop an alternative design for the location in the event that the existing artwork was decommissioned.

On August 10, 2026, the Public Art Commission considered the request and voted 7-0 to retain the existing artwork on the traffic signal box at 5th Avenue and Juniper Street. 320
Item15.

On August 19, 2026, the City of Escondido received a n appeal from Julie Anne Moore and Mark Moore, owners of 700 S. Juniper St., Escondido, CA 92025, the Albert H. Beach House, regarding the Public Art Commission’s decision.

APPEAL FORMAT
The appeal hearing will provide the appellant and the Public Art Commission Chair with an opportunity to present information to the City Council regarding the appeal. The presentation and rebuttal periods are as follows:
 Appellant Presentation: 10 minutes
 Public Art Commission Presentation: 10 minutes
 Appellant Rebuttal: 5 minutes (if desired)
 Public Art Commission Rebuttal: 5 minutes (if desired)

CITY COUNCIL OPTIONS
The City Council may consider the appeal and take one of the following actions:

Option 1: Grant the Appeal
If the City Council grants the appeal, the current artwork depicting the “ Albert H. Beach House” on the traffic signal box at 5th Avenue and Juniper Street will be removed or covered.

Following removal or covering of the current artwork, the Public Art Commission will have an opportunity to consider and approve different artwork for the traffic signal box in accordance with the applicable public art process. The estimated cost associated with commissioning an artist to create and paint a new artwork is $750.

Option 2: Deny the Appeal
If the City Council denies the appeal, the Public Art Commission’s August 10, 2026, decision will remain in effect, and the current artwork titled “Built to Last” will remain on the traffic signal box at 5th Avenue and Juniper Street. There will be no fiscal impact associated with this option.

ATTACHMENTS
a. Attachment “1”—Public Art Commission Appeal
b. Attachment “2”—“Built to Last” Artwork depicting the Albert H. Beach house 321
Item15.

c. Attachment “3”— Letter from Artist
d. Attachment “4”—Letter from Public Art Commission
322
Item15.

Mayor Dane White
Members of the Escondido City Council
City of Escondido
201 North Broadway
Escondido, CA 92025
Re: Formal Appeal and Request for Removal of Traffic Signal Box Artwork Depicting Our Home
Dear Mayor White and Members of the Escondido City Council:

We are submitting this letter as a formal appeal of the Public Art Commission’s decision to retain the artwork depicting our private residence on the traffic signal box located at the intersection of Fifth Avenue and Juniper Street.

Before the artwork was painted, we clearly and repeatedly informed the individuals involved that we did not give permission for our home to be depicted on the traffic signal box.

When we first learned of the proposed project, we spoke directly with the artist, Sean Flannery, and told him that he did not have our permission to paint our house on the box. We also spoke with a representative of the Public Art Commission and clearly stated that we did not consent to the use of our home. In addition, we called Sandra Aguilar, Management Analyst for Economic Development, and left a message informing her that permission had not been given.

Despite our express objections, the City-sponsored artwork was completed.

After the box was painted, we made numerous good-faith attempts to communicate with Ms.

Aguilar and resolve this matter. We went to City Hall three separate times to visit her office, but she was not available. We left messages, provided our business card, and asked that she contact us. We also called and emailed her. To date, she has never responded to us.

We later received a telephone call from Mayor White asking whether we had been notified of the Public Art Commission meeting scheduled for August 10, 2026, at which the artwork depicting our home was placed on the agenda. We had not been notified of the meeting and were out of town at the time. Consequently, we had no meaningful opportunity to attend, present our position, provide documentation of our prior objections, or respond before the Commission voted.

We understand that the Public Art Commission voted to keep the artwork. We respectfully appeal that decision for the following reasons:

1. We expressly objected to the depiction of our home before the artwork was painted.

2. The artist, a representative of the Public Art Commission, and City staff were informed that we did not consent to the project.

Attachment "1"
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isS) The artwork was completed despite the City having advance notice of our objection.

4. Our repeated efforts to communicate with the responsible City representative were not acknowledged or answered.

5. We were not notified of the August 10 Public Art Commission meeting and therefore had no opportunity to be heard before the Commission made its decision.

6. The artwork depicts a readily identifiable, privately owned historic residence. Our home is not merely a generic architectural image; it is closely associated with us, our property, and our stewardship of an important historic resource.

Our objection is not an objection to public art or to the artist personally. It concerns the City’s decision to proceed with a public artwork depicting our private residence after we had clearly and repeatedly said no. At a minimum, we believe the City should have communicated with us, addressed our concerns, and provided notice and an opportunity to be heard before approving or retaining the artwork.

We respectfully request that the City Council:

1. Overturn the Public Art Commission’s decision;
Direct the City to remove or completely paint over the depiction of our home on the traffic signal box;

3. Refrain from approving any replacement artwork depicting our property without first obtaining our written permission; and

4. Ensure that we receive timely written notice of the City Council meeting at which this appeal will be considered, together with a meaningful opportunity to present our position and supporting documentation.

We ask the City Council to consider the fundamental issue of fairness presented by this matter.

We voiced our objection before the artwork was created, yet the project proceeded without our consent. Our subsequent calls, emails, messages, and in-person visits went unanswered, and the Commission then voted on the matter at a meeting of which we were not notified.

We respectfully ask the City Council to correct this situation by ordering the removal of the depiction of our home.

Thank you for your consideration. We request that this letter and any supporting materials we submit be included in the official record for this appeal and the upcoming City Council meeting.

Respectfully, Aon Ye
i Ave SD A Julie Anne Moore W Lule .

Mark Moore [lz-_e
Owners and Stewards Uf 46 Moore Yl oS, Albert H. Beach House 700 S Juniper St, Escondido
Attachment "1"
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Attachment “2”

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WUE
Subject: Retention of "Built to Last" Public Art Installation Dear Escondido City Council Members,
i am writing regarding my recently completed utility box mural, "Built to Last," which depicts the Beach House Victorian design and was painted legally through the Escondido Expressions program.

City staff recently asked me to accept a stipend to paint a new box elsewhere so they can paint over this completed work to satisfy a retroactive complaint from one resident.

While | would love to paint another utility box for our city, | cannot agree to the destruction of this one.

At 85 years old, my focus is on sharing my love of art with the Escondido community. | would gladly accept a new commission to add more art to our neighborhoods, but | will not trade one completed piece for another just to quiet a single complaint.

This mural was formaliy approved by your Public Art Commission. Erasing it now undermines the City’s official vetting process. Furthermore, under the California Art Preservation Act (Civil Code § 987), legally placed public art is protected from arbitrary destruction. | did my part legally and with great joy. | am eager to paint another box for Escondido, but "Built to Last" must stay. | ask the City Council to stand by its commission's decision and protect this community asset.
f, ]
Sincerely, j /)
a
[Artist Name]
[Contact Information] Vg — Fl -“G@ Z5 oe
Suzanne Nicolaisen - Zanniki
Escondido Art Association Ambassador
Email: [email protected]
Cell: (760) 500 7750
Website: www.zanniki.net
Attachment "3"
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Subject: Upholding the Public Art Commission's Unanimous Decision on the "Built to Last" Mural
Dear Mayor and City Council,
Ahead of the upcoming City Council meeting, I am writing to you on behalf of the Escondido Public Art Commission to r
equest
your support in upholding our unanimous decision to retain the newly painted utility box mural themed "Built to Last." This piece was created by Sean Flannery, a beloved, long-time Escondido resident and senior artist in his 80s, widely known as our local Fuller Brush man. This mural represents the most signiﬁcant commission of Mr. Flannery's lifetime, celebrating his deep passion for historical architecture.

While a nearby resident has persistently demanded that this public asset be painted over, we urge you to consider the following facts:
• No Historical Infringement: The utility box sits entirely on public property and is located nearly two blocks away from the resident's home (the historic Beech House Victorian). It does not alter or infringe upon the historical integrity of her property.
• Full Process Compliance: The Commission strictly followed every established municipal rule, safety guideline, and vetting protocol for this project.
• Federal Legal Protections: The mural aligns with protections outlined in 17 U.S. Code § 120 (Architectural Works
Copyright Protection Act), which safeguards the public
depiction and viewing of architectural elements from public spaces.
•
Attachment "4"
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• A Dangerous Precedent: Erasing an approved public art piece solely because a single neighbor demands her own
way sets a highly volatile precedent. If individual complaints can override unanimous commission decisions, future
residents could demand the alteration of any public asset— including absurd demands like putting clothes on the
iconic "Nana" ﬁgures at Niki de Saint Phalle’s Queen
Caliﬁa’s Magical Circle.

The theme of this artwork is "Built to Last." We ask that you honor that sentiment, protect our senior artists, and preserve the integrity of Escondido's civic processes by upholding the Commission's decision.

Thank you for your time, leadership, and continued support of the arts in Escondido.

Sincerely,
Commissioner Patricia Spann
Vice Chair Public Art Commission
Attachment "4"
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STAFF REPORT

September 16, 2026
File Number 0600-10; A-3612

SUBJECT
A CONSULTING SERVICES AGREEMENT WITH JONES LANG LASALLE AMERICAS, INC. FOR REAL

PROPERTY CONSULTING SERVICES

DEPARTMENT
Economic Development – Real Property

RECOMMENDATION
Request the City Council adopt Resolution No. 2026-147 authorizing the Mayor to execute, on behalf of the City, a Consulting Services Agreement (“CSA”) with Jones Lang LaSalle Americas, Inc. (referred to herein as “JLL” or “Consultant”) for real property consulting services.

Staff Recommendation: Approval ( Economic Development: Christopher McKinney, Deputy City Manager)
Presenter: Francisco Vargas, Management Analyst – Economic Development; Timer Paida, Management Analyst – Real Property
ESSENTIAL SERVICE – Yes, internal requirement in support of Land Use/Development COUNCIL PRIORITY – Be Business Friendly; Drive Community and Land Development; Financial Stewardship; Restore Organizational Capacity

FISCAL ANALYSIS
The Consulting Services Agreement with JLL is attached as Exhibit “A” to Resolution No. 2026 -147. The total contract amount for these services shall not exceed $300,000. The CSA includes a monthly retainer of $20,700 for an estimated Fiscal Year 2026 -2027 cost of approximately $248,400. Funding for this CSA is included in the Fiscal Year 2026 -2027 Economic Development Department budget. Future phases of work may require additional funding.

PREVIOUS ACTION
On July 14, 2025, staff released a Request for Propo sal (“RFP”) No. 25 -13 for Real Property Portfolio Consultant services. Staff selected JLL as the most responsive and responsible firm based on the criteria attached to the RFP.
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On October 1, 2025, the City Council adopted Resolution No. 2025-119, authorizing the Mayor to execute a Consulting Services Agreement with JLL for services similar to those described in Exhibit “A.” On November 20, 2025, the Mayor executed the agreement with JLL, which termed on June 30, 2026.

BACKGROUND
Since Fiscal Year 2023–2024, the City’s Real Property Division has experienced significant staff turnover, reducing internal capacity to manage and strategically evaluate the City’s real property portfolio. With existing staff focused on day-to-day operations and ad hoc real property initiatives, continued support from JLL is needed to restore organizational capacity and advance a more strategic approach to portfolio management. JLL’s continued assistance will help the City identify opportunities to optimize underutilized real property assets, support revenue generation, and align the portfolio with the City’s long -term real property and fiscal goals.

Task 1: Portfolio Assessment
The Consultant has substantially completed the initial assessment of the City’s real property portfolio under its former CSA dated November 20, 2025. The remaining scope of work is intended to address minor adjustments, refinements, and updates identified by staff as the assessment is finalized . This includes maintaining and refining t he inventory of the City’s real property assets, including improvements, fair market values (“FMVs”), etc., as needed. The Consultant will also review and update City lease information and provide staff with a summary of applicable agreements, including an y clarifications necessary to ensure the information is accurate and complete.

Task 2: Strategic Advisory and Roadmap Development
The Consultant will provide strategic guidance on potential property acquisition opportunities and advise the City on strategies to promote, market, and dispose of City-owned property in alignment with the City’s real property and fiscal goals. The Consultant will also coordinate with the City Attorney’s Office on legal issues related to the Surplus Land Act (“SLA”) to support compliance.

Task 3: Real Property Representation
The Consultant will accompany and advise staff during real property -related meetings and transactions.

With staff or under the direct supervision of staff, the Consultant will conduct site tours of City -owned properties and assist staff with negotiations from offer acceptance through the close of the transaction.

Task 4: Ongoing Real Estate Advisory
The Consultant initiated this task under its former CSA dated November 20, 2025, and shall continue providing services on an as-needed basis. Services shall include providing real estate consulting services and advice; presenting to the Economic Development Subcommittee and City Council, including providing 330
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written reports and accompanying presentations as needed; and obtaining and reviewing title reports for City projects.

Task 5: Real Property Portfolio Strategy
The Consultant initiated this task under its former CSA dated November 20, 2025, and shall continue advancing the Phase 2 Real Property Portfolio Strategy in coordination with staff. This work shall include incorporating feedback into the real property portfolio strategy, including regular stakeholder check-ins, identification of optimization or monetization opportunities, and proposed implementation timelines.

Work completed to date shall be incorporated into the final Phase 2 deliverables, with remaining efforts focused on completing, refining, and implementing the strategy, in coordination with staff. The Consultant shall also develop a Long -Range Real Property Management Plan that identifies estimated implementation timing, costs, benefits, and return on investment for the recommendations developed, and coordinate with external real property experts.

RESOLUTIONS
a. Resolution No. 2026-147
b. Resolution No. 2026-147 – Exhibit “A” – Consulting Services Agreement

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RESOLUTION NO. 2026- 147

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ESCONDIDO, CALIFORNIA, AUTHORIZING THE MAYOR

TO EXECUTE, ON BEHALF OF THE CITY, A CONSULTING

SERVICES AGREEMENT WITH JONES LANG LASALLE
AMERICAS, INC. FOR REAL PROPERTY CONSULTING

SERVICES

WHEREAS, the City of Escondido (“City”) has allocated funding in the adopted operating budget for various professional services in the Economic Development Department (“Department”); and WHEREAS, the City Council authorized the Mayor to execute a Consulting Services Agreement for Real Property Consulting Services with Jones Lang LaSalle (“JLL”) on October 1, 2025, in the not to exceed amount of $300,000; and
WHEREAS, the City Council desires at this time and deems it to be in the public interest to authorize this Consulting Services Agreement with JLL in the amount not to exceed amount of $300,000.

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

1. That the above recitations are true.

2. That the City Council authorizes the Mayor to execute, on behalf of the City, a Consulting Services Agreement with Jones Lang LaSalle Americas, Inc., which is attached to this Resolution as Exhibit “A” and incorporated herein by this reference, for real property consulting services, subject to final approval as to form by the City Attorney.

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CITY OF ESCONDIDO

CONSULTING AGREEMENT

This Consulting Agreement (“Agreement”) is made and entered into as of the last signature date set forth below (“Effective Date”),

Between: CITY OF ESCONDIDO
a California municipal corporation
201 N. Broadway
Escondido, CA 92025
Attn: Christopher McKinney
(760) 839-4090
("CITY")

And: JONES LANG LASALLE AMERICAS, INC.
a Maryland corporation
200 E. Randolph Drive
Chicago, IL 60601
Attn: Matt Do
858-410-1219
("CONSULTANT").

(The CITY and CONSULTANT each may be referred to herein as a “Party” and collectively as the “Parties.”)
WHEREAS, the CITY has determined that it is in the CITY’s best interest to retain the professional services of a CONSULTANT to provide an analysis of the CITY’s Real Property Portfolio and Real Property Advisory Services (“Project”);
WHEREAS, CONSULTANT is considered competent to perform the necessary professional services for the CITY; and
WHEREAS, the CITY and CON SULTANT desire to enter into this Agreement f or the per - formance of the Services described herein.

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

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

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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 $300,000.

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

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

4. Personnel. The performance of the Services by certain professionals is significant to the CITY. As such, CONSULTANT shall only assign the persons listed on Attachment “B” , attached to this Agreement and incorporated herein by this reference (“Personnel List”), to perform the Services.

CONSULTANT shall not add or remove persons from the Personnel List without the CITY’s prior written consent. If CONSULTANT has not designated a person to perform a co mponent of the Services, CONSULTANT shall not assign such component of the Services to a person without obtaining the CITY’s prior written consent. CONSULTANT shall not subcontract any component of the Services without obtaining the CITY’s prior written consent.

5. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. Either Party may terminate this Agreement for any reason upon providing the other Party with 30 days’ advance written notice. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONSULTANT, then CON SULTANT shall be compensated based on the work satisfactorily performed at the time of such termination. If the CITY terminates this Agreement due to fault or failure of performance by CONSULTANT, then CITY shall provide CONSULTANT at least 10 business day s written notice to cure. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the Services.

Termination of Brokerage Services. Notwithstanding the foregoing, with respect to brokerage services, CONSULTANT shall submit a list within 10 days following termination or expiration, which list shall set forth prospective transactions identified by CONSULTANT during the term of this Agreement. In the event the CITY executes any suc h prospective transaction within 180 days following termination, then the CITY shall recognize CONSULTANT as its exclusive broker with respect to such transaction and CONSULTANT shall be entitled to a commission in connection with such transaction as though it were completed during the term of this Agreement.

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. Notwithstanding any term in the Agreement to the contrary, CONSULTANT shall retain all right, title, and interest in any and all intellectual property: (i) created by CONSULTANT prior to this Agreement, including (without limitation) CONSULTANT proprietary software programs and processes for providing services and (ii) created by CONSULTANT during the term of the Agreement in the normal course of business for CONSULTANT's clients generally. Upo n CITY request, at Agreement completion, CONSULTANT will provide, in a format readable by software not 334
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proprietary to CONSULTANT, all CITY computer data and information that CONSULTANT created under the Agreement.

7. Insurance Requirements.
a. CONSULTANT 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 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. (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 t o 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 CONSULTANT’s insurance and shall not contribute with it. (4) Notice of Cancellation . Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY. 335
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(5) Subcontractors. If applicable, CONSULTANT shall require and verify that all subcontractors maintain i nsurance 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.

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(7) Self-Insurance. CONSULTANT may, with the CITY’s prior written consent, fulfill some or all of the insurance requirements contained in this Agreement under a plan of self - insurance. CONSULTANT shall only be permitted to utilize such self -insurance if, in the opinion of the CITY, CONSULTANT’s (i) net worth and (ii) reserves for payment of claims of liability against CONSULTANT are sufficient to adequately compensate for the lack of other insurance coverage required by this Agreement. CONSULTANT’s utilization of self- insurance shall not in any way limit the liabilities assumed by CON SULTANT 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. 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 a ny 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 bec omes 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 third party claims, demands, actions, 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, includi ng without limitation the payment of 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 negligent performance of the Services or its failur e to comply with any of its obligations contained in this Agreement, except where caused by the sole negligence or willful misconduct of the CITY.

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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 third party 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.

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 , except that the CITY acknowledges that real estate bro kers and salespersons whose real estate licenses are affiliated with Jones Lang LaSalle Americas, Inc. may perform licensable brokerage services in connection with an assignment under this contract, and the CITY consents to such representation. 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 t his Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs.

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

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

13. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONSULTANT concerning the subject of this A greement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or 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 338
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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 CONSULTANT shall promptly provide the other Party with notice of any changes to such contact information.

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

21. Compliance with Laws, Permits, and Licenses. CONSULTANT shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances , regulations, rules, and other legal requirements in effect during the term of this Agreement. CONSULTANT shall obtain any and all permits, 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 CON SULTANT 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 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 CONSULTANT to comply with this section.

23. Immigration Reform and Control Act of 1986. CONSULTANT shall keep itself informed o f 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 days of employment and that only employees legally eligible to work in the United States will perform the Services. CONSULTANT agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.

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24. Consequential Damages. Except to the extent of the obligations in Section 8 (Indemnification, Duty to Defend, and Hold Harmless), neither Party shall be liable, under any circumstances for any anticipatory or lost profit, special, consequential, punitive, exemplary, incidental or indirect damages of any kind (collectively “non -direct damages”) resulting from its performance or non -performance of its obligations under this Agreement even if such non-direct damages are attributed to breach of the contract, tort or negligence, or otherwise caused; such Party has been advised of the possibility of such non-direct damages; or under applicable law, any such non-direct damages are considered direct damages. Further, with the exception of CONSULTANT’s indemnification obligations relating to third party claims, CONSULTANT’s total liability to the CITY for damages incurred during this Agreement shall not exceed the annual fees paid to CONSULTANT under 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

Jones Lang LaSalle Americas, Inc.

Date: __________________ ___________________________________ Matt Do, Vice President and Managing 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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ATTACHMENT “A”
Scope of Work

A. General

Jones Lang LaSalle Americas, Inc., a Maryland corporation ( referred to h erein as “ JLL” and "CONSULTANT”) will provide the City of Escondido, a California municipal corporation (“CITY”) with consulting services for an analysis of the CITY’s Real Property Portfolio and ongoing Real Property Advisory Services (“Project”).

B. Location

The services under this Agreement will be performed primarily remotely at CONSULTANT’s offices.

On occasion, in person meetings may be arranged and requested at the offices of the City of Escondido, located at 201 N. Broadway, Escondido, California 92025. Site visits, property tours, and other on-location services will be conducted at various CITY-owned properties, as directed by the CITY.

C. Services

The CONSULTANT shall perform the following services for the CITY, including but not limited to:

1. Task 1: Portfolio Assessment : The Consultant has substantially completed the initial assessment of the CITY’s Real Property Portfolio under its former Consulting Agreement dated November 20, 2025. The remaining scope of work is intended to address minor adjustments, refinements, and updates that may be identified by CITY staff as the assessment is finalized:
a. Maintain and refine an inventory of the CITY’s real property assets, including Assessor’s Parcel Numbers (APNs), addresses, asset types, acreage, imp rovements, and fair market values (FMVs), as necessary to incorporate minor corrections or updates identified by CITY staff;
b. Review and update, as necessary, information related to leases within the CITY’s Real Property Portfolio; and
c. Provide CITY staff with a summary of applicable agreements and make minor revisions or clarifications as needed to ensure the information is accurate and complete.

2. Task 2: Strategic Advisory and Roadmap Development
a. Provide guidance on potential property acquisition opportunities; b. Provide advice to the CITY on strategies to promote and dispose of CITY -owned property; and
c. Coordinate with the City Attorney’s Office on legal issues related to the Surplus Lands Act (“SLA”).

3. Task 3: Real Property Representation
a. Accompany and provide advice to CITY staff in relation to real property related meetings and transactions;
b. With CITY staff or under the direct supervision of CITY staff, conduct site tours of CITY- owned properties with prospectives;
c. With CITY staff or under the direct supervision of CITY staff, assist with negotiations from offer acceptance through the close of the transaction;

4. Task 4: Ongoing Real Estate Advisory: The Consultant has initiated this task under its former Consulting Agreement dated November 20, 2025, and shall continue on an as -needed basis.

The Consultant shall:
a. Provide real estate consulting services and advice, on an as-needed basis; 342
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b. Present to the Economic Development Subcommittee and the Escondido City Council, and deliver written reports with accompanying presentations on an as-needed basis; c. Obtain and review title reports for CITY projects.

5. Task 5: Phase 2 - Real Property Portfolio Strategy : The Consultant has initiated this task under its former Consulting Agreement dated November 20, 2025, and shall continue advancing Phase 2 - Real Property Portfolio Strategy, including the following, in coordination with CITY staff:
a. Conduct a Phase 2 Works hop in person to initiate Phase 2 work, aligning project priorities and schedule.
i. Workshop: will be facilitated by JLL and will be held with the CITY’s Real Property team to incorporate the feedback from the initial workshop with the findings from the Phase 1 Portfolio Study to deliver the Phase 2 Real Property Strategy, which will include elements such as:

1. Portfolio performance criteria, with defined measurements of success and regular check-ins with relevant CITY stakeholders.

2. Priority optimization or monetization opportunities, such as a surplus Real Property List identifying associated estimated values and proposed implementation timelines.

3. CITY access and user integration with JLL real property software tool (such as the Property Analytics Tool or “PAT”.)
b. Work completed to date shall be incorporated into the final Phase 2 deliverables, with remaining work focused on completing, refining, and implementing the strategy in coordination with CITY staff.
i. Develop a Long-Range Real Property Management plan, that proposes estimated implementation timing, cost, benefits, and return on investment for the five recommendations JLL delivered in Phase 1 and Phase 2. ii. Coordination of external real property experts (e.g., title reports, appraisals, and cell tower advisors). Invoicing for deliverables generated by other expert groups will be passed through as an expense and shall not be drawn against the “advisory services fee.”

Additional Real Property Advisory Services. The following sample tasks indicate the range of services available to address individual assets or portfolio-wide initiatives that are separate and apart from the defined tasks related to the Real Property Advisory Services Identified above.

Specific services, scopes, schedules and fees shall be mutually agreed in writing by the parties on a task-order basis including scope and compensation.

Examples include, but are not limited to:

1. Property Condition Assessments (PCA) or Facility Condition Assessments (FCA) to determine property conditions and deferred maintenance;

2. Real Property and Facilities Management Technology Advisory

D. Scheduling

CONSULTANT shall coordinate with the designated C ITY staff to schedule the performance of services in advance by contacting Christopher McKinney at [email protected] or Timer Paida at [email protected].

Specific dates and times for site visits, meetings, property tours, and other activities shall be confirmed with the CITY prior to commencement.

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CONSULTANT will provide reasonable advance notice when scheduling services and shall adjust to accommodate the CITY’s availability and operational needs. Further scheduling instructions will be provided upon coordination with CITY staff.

E. Contract Price and Payment Terms

The overall contract price of this Agreement shall not exceed $300,000. The CITY will reimburse JLL for all costs associated with travel and lodging relating to the services outlined in this Agreement.

JLL will request approval from the CITY for any costs greater than $700. The cost for services provided under this Agreement, excluding commission fees, reimbursable travel expenses, and any Additional Real Property Advisory Services requested, as detailed below, shall not exceed $20,700 per month.

Compensation under this Agreement shall include services rendered between July 1, 2026 and the Effective Date.

The Additional Real Property Advisory Services described above are available at the C ITY’s discretion and will be approved on a Task Order Basis only.

Commission fees under this Agreement shall be paid for out of the proceeds of a transaction on behalf of CITY, as seller, lessor or sublessor and shall not be counted towards the Real Property Advisory not to exceed amount of $300,000.

Commission fees under this Agreement shall be calculated as follows:

1. COMMISSION SCHEDULE

CONSULTANT shall be entitled to receive a market commission in connection with the acquisition and disposition services provided under this Agreement.

The following services are excluded from the $20,700 per month flat rate fee and shall be deemed part of the acquisition and disposition related brokerage services compensated on a commission basis, and out of the proceeds of a transaction, as is customary for acquisition and disposition related brokerage services:
a. Disposition and Marketing
i. Prepare marketing materials (in both electronic and print formats) to advertise properties, distribute them to prospective buye rs through appropriate media channels, and report the outreach results to the CITY.
b. Transaction Support
i. With CITY staff or under the direct supervision of CITY staff, assist with coordination of the closing of real estate transactions; ii. With CITY staff or under the direct supervision of CITY staff, perform other customary services and activities associated with real estate transactions

U.S. Property Acquisitions: For property acquisition brokerage services on behalf of C ITY as buyer, lessee, or sublessee, CONSULTANT shall look solely to the seller, lessor or sublessor (as applicable) for payment of commissions, and in no event shall CITY be liable to CONSULTANT for payment of such commissions. However, CITY agrees not to sign a purchase and sale agreement, lease or sublease with a party who has refused to sign a commission agreement with CONSULTANT to pay the commission.

U.S. Property Dispositions: For property disposition brokerage services performed on behalf of CITY, as seller, lessor or sublessor, CITY shall pay CONSULTANT a market commission, per Table E.1 below. CONSULTANT shall be entitled to be paid such commission regardless of whether the purchaser or tenant, or subtenant (as applicable), as the case may be, is procured 344
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by CONSULTANT, CITY or a third party. In the event of a sale of property, the commission shall be paid at closing through escrow. In the event of a lease, the commission shall be limited to a percentage of the first year of the lease and shall be paid out of lease payments as those payments are made to the City, until the commission is paid in full to CONSULTANT . In the event of a lease buyout or termination, the commission shall be paid upon full execution of the buyout or termination agreement. In the event of a sublease or assignme nt, the commission shall be paid as follows: one -half (1/2) upon full execution of the sublease or assignment document, and the remaining one -half (1/2) upon the scheduled commencement date of the sublease or assignment term set forth in the sublease or assignment (as applicable).

Table E.1
U.S. Property Dispositions (lease) U.S. Property Dispositions (sale) With Co-Op
Broker
No Outside
Broker
With Co-Op
Broker
No Outside
Broker
JLL 2.50% 5.00% JLL 2.50% 4.00%
Outside
Broker

4.00% 0.00% Outside
Broker

2.50% 0.00%
Total 6.50% 5.00% Total 5.00% 4.00%

2. COMMISSION FEES UPON EXPIRATION OF AGREEMENT

Within 10 days following the expiration or earlier effective date of termination of this Agreement, CONSULTANT shall furnish to CITY a list of all prospective transactions with respect to which CONSULTANT has had negotiations during the term of this Agreement and the name of each prospective transaction party. If within 180 days thereafter, CITY enters into a contract with respect to an y such prospective transactions with any such listed party (or an affiliate, heir, successor or assign thereof), or negotiations continue, resume or commence with any such listed party (or an affiliate, heir, successor or assign thereof) during such 180 da ys period and thereafter continue and result in a consummation of the transaction, a commission shall be due and payable to CONSULTANT in accordance with this Table E.1 and the commission agreement between CONSULTANT and the party owing such commission.

F. Term

The term of this Agreement shall be from the Effective Date through June 30, 2027 (“Initial Term”).

Prior to the end of the Initial Term, this Agreement may be renewed for one additional option term, upon written mutual agreement by the CITY and the CONSULTANT.

Option Term: July 1, 2027 through June 30, 2028

G. Other

CONSULTANT agrees to keep all confidential or proprietary information received from the CITY strictly confidential and not to disclose it to any third party, except as required to perform services under this Agreement or as required by law.

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Escondido City CouncilSeptember 16, 2026

Escondido City Council
September 16, 2026